HomeMy WebLinkAboutRESOLUTIONS-2004-048-R-049/8/2004
• 48-R-04
A RESOLUTION
Releasing a Deed Restriction for Right of the City Relative to the
Maintenance of an Overhead Pedestrian Crossing
Over the 1700 Block of Oak Avenue
WHEREAS, the City Council approved Ordinance 5-0-04 on
January 26, 2004 granting a special use for planned development at 1100 Clark
Street / 1719 Ridge Avenue ("subject property"); and
WHEREAS, the subject property is bounded by Ridge Avenue on the
west, Clark Street on the north, Oak Avenue on the east, and an alley (to the north
of Church Street) on the south; and
• WHEREAS, the subject property consists of two parcels of land,
1719 Ridge Avenue and 1100 Clark Street; and
WHEREAS, a Wieboldt's Department Store existed on the east side
of Oak Avenue (at the northeast intersection of Oak Avenue and Church Street) until
the early 1980s when it was razed to make way for construction of the Shand
Morahan Building at 1007 Church Street; and
WHEREAS, the Wieboldt's Store was connected by an overhead
pedestrian crossing to its parking garage on the subject property, located on the
west side of Oak Avenue; and
WHEREAS, the overhead pedestrian crossing and the parking
garage were razed when the Wieboldt's Store was razed; and
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WHEREAS, the City did not require the 1007 Church Street
building to be served by an overhead pedestrian crossing to its surface parking •
lot located on the subject property (the former site of the parking garage) and no
such crossing was constructed; and
WHEREAS, pursuant to a warranty deed dated July 1, 1950,
recorded as document number 14851344, Wieboldt Stores, Inc. conveyed the
1007 Church Street property and the subject property to the Equitable Life
Assurance Society of the United States; and
WHEREAS, this deed provided that the conveyance was subject to,
among other things, "rights of the City of Evanston relative to maintenance of
overhead pedestrian crossing"; and
WHEREAS, the deed restriction is a title exception on Ticor Title
Insurance Company Loan Policy number 539346 disclosed by document number
P Y Y
14851344 obtained by the Developer of the subject property in connection with
its acquisition of the 1100 Clark Street parcel; and
WHEREAS, the planned unit development approved by the City
Council in Ordinance 5-0-04 does not provide for an overhead pedestrian crossing
nor will the City require same; and
WHEREAS, the Developer has requested that the City release the
aforedescribed deed restriction; and
purpose; and
WHEREAS, continuation of the deed restriction serves no public
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WHEREAS, release of the deed restriction to allow continuation of
• the planned development for the four -building multi -family residential complex
approved by Ordinance 5-0-04 is in the best interests of the citizens of Evanston,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That the foregoing recitals are found as fact and made
a part hereof.
SECTION 2: That the City Council hereby releases any and all
rights in the City to the "maintenance of overhead pedestrian crossing" set forth
in the July 1, 1950 warranty deed from Wieboldt Stores, Inc. to the Equitable Life
Assurance Society of the United States, recorded as document
number 14851344.
0 SECTION 3: That this Resolution shall be in full force and effect
from and after its passage in the manner provided by law.
Adopted: , 2004
Lorr ine H. Morton, Mayor
Attest:
Mary r�s City
Clerk
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