HomeMy WebLinkAboutORDINANCES-2006-098-O-06i
• 9/12/06
9/7/2006
9/6/2006
8/30/2006
98-0-06
AN ORDINANCE
Amending Ordinance 97-0-77 which Vacated a Portion of the
North -South Alley in the Block Bounded by Lincoln Street,
Orrington Avenue, Colfax Street, and Sherman Avenue to Delete
the Reservation of Utility Rights, and to Release a Restrictive
Covenant Restricting Use of the Vacated Portion of the Alley to
Parking Purposes, Recorded Against 2408 Orrington Avenue for
the Benefit of Kendall College
("Kendall")
WHEREAS, the City Council adopted Ordinance 85-0-06 on
• September 11, 2006 rezoning the property in the block bounded by Lincoln
Street, Orrington Avenue, Colfax Street, and Sherman Avenue and commonly
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known as 2408 Orrington Avenue ("Subject Property") from U1 University
Housing District to R1 Single -Family Residential District and granting a special
use for planned development to permit the demolition of all existing structures
located on the Subject Property and the construction of twenty (20) single-family
dwellings; and
WHEREAS, the Subject Property was formerly owned and
occupied by Kendall College which operated thereon its College, Culinary
Institute, student dormitories, administrative offices and related training and
instructional programs; and
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98-0-06 T
WHEREAS, the City Council adopted Ordinance 97-0-77, recorded 0
as document no. 24142766, attached hereto as Exhibit A and made a part
hereof, on October 3, 1977, vacating a certain portion of the North -South alley
on the Subject Property; and
WHEREAS, Kendall College received the benefits of this vacation,
for which the consideration to the City was the sum of two thousand seven
hundred and fifty dollars ($2,750.00) and execution of a covenant running with
the land restricting the use of the vacated portion of the alley to parking
purposes only; and
WHEREAS, the aforedescribed covenant, dated November 25,
1991, attached hereto as Exhibit B and made a part hereof, was recorded as
document no. 91630061 on December 2, 1991; and •
WHEREAS, Ordinance 97-0-77 reserved certain easement rights
to the City and to all public utilities on the vacated portion of the said North -
South alley; and
. , . WHEREAS, Smithfield Properties XXXII, LLC, owner of the Subject
Property, has requested amendment of Ordinance 97-0-77 to delete the
reservation of utility rights and to allow for release of the covenant; and
WHEREAS, the aforedescribed covenant serves no public purpose
with respect to the use of the Subject..Property with the adoption of Ordinance
85-0-06; and
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• WHEREAS, the City Council has determined that the best interests
of the citizens of Evanston are served by amendment of Ordinance 97-0-77 to
delete the reservation of utility rights and requirement of the covenant for parking,
and by release of the said covenant; and
NOW, THEREFORE, BE IT ORDAINED 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 Ordinance 97-0-77 is hereby amended by
deleting the following language from its Section 2: "and shall execute a covenant
running with the land which shall restrict the use of the vacated alley to parking
• purposes only".
SECTION 3: That Section 3 of Ordinance 97-0-77, which read as
follows, is hereby deleted in its entirety: "The City of Evanston hereby reserves
to itself and to all public utilities owning public service facilities such rights of way,
license and easement rights to equipment presently installed and located on
those portions of the public way hereby closed, and further reserves the right of
ingress and egress for the maintenance, renewal, and reconstruction thereof."
SECTION 4: That the covenant required by Ordinance 97-0-77 and
recorded as document no. 91630061 on December 2, 1991 is hereby released.
SECTION 5: That all ordinances or parts of ordinances in conflict
• herewith are hereby repealed.
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SECTION 6: That this Ordinance shall be in full force and effect
from and after the date of its passage and approval in the manner provided by
law, subject to the condition that Smithfield Properties XXXII, LLC, shall file
Ordinance 85-0-06 and the Plat of Subdivision, Exhibit C to that Ordinance, with
the Office of the Cook County Recorder and provide the City with a certified copy
thereof at its cost, but in no event more than sixty (60) days after the date of
adoption of this Ordinance 98-0-06.
Introduced:t�I'l -i �-
t
Adopted:
Attest: .-
�Jlbo'kv4qul IILAI�
Mary Ot—M8rrIs, City Clerk
, 2006 Approved:
, 2006 �1�7� , 2006
4rraine H. Morton, Mayor
✓
Approved as to form:
Herbert D. Hill
First Assistant Corporation Counsel
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EXHIBIT A
97-0-77
AN ORDINANCE
Vacating A Portion Of The North -South Alley
In The Block Bounded By Lincoln Street, Orrington
Avenue, Colfax Street, And Sherman Avenue
FE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That portion of the North -South alley
in the block bounded by Lincoln Street,
Orrington Avenue, Colfax Street, and Sherman Avenue starting
at Lincoln Street and extending south 81.14 feet and legally
described as:
That part of the North and South Public Al-
ley lying West of and adjacent to Lots 1,
2 and 3, South of the North line of Lot 1
extended West and North of the South line
of the :;orth 31 feet of Lot 2 extended West,
also, the triangular alley lying North and
East of Lot 1 in Owner's Resubdivision of
Lots 4, 5 and 6 in Block 1 in Orrington
Addition to Evanston, a Subdivision of part
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of the Southwest 1/4 of Section 7, To•.gnship
41 North, Range 14, East of the Third Prin-
cipal Meridian, in the City of Evanston, of i
Cook County, Illinois, as recorded June 27,
1894, as Document No. 2065672
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as cross hatched and indicated by the words, "Hereby Vacated"
on the Plat hereto attached, and made a part of this ordinance,
is hereby vacated and closed, inasmuch as the alley presently
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serves no public purpose and its vacation will be in the in-
terest of the public in that it will help to alleviate the
parking problems in the area of Kendall College.
SECTION 2: That Kendall College which shall re-
ceive the benefits of this vacation
shall pay to the CITY OF EVANSTON the sum of TWENTY-SEVEN
HUNDRED AND FIFTY DOLLARS 02750.00) in consideration for the
vacation, and shall execute a covenant running with the land
which shall restrict the use of the vacated alley to parking
purposes only.
SECTION 3: The CITY OF EVANSTON hereby reserves to
itself and to all public utilities owning public service facil-
ities such rights of way, license and easement rights to equip-
ment presently installed and located on those portions of the
public way hereby closed, and further reserves the right of
�i ingress and egress for the maintainance, renewal, and recon-
struction thereof.
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SECTION 4: All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
SECTION 5: This ordinance shall be in full force and
Ieffect from and after its passage, ap-
proval, and payment of the consideration stated herein, all in
accordance with the manner provided by law, subject to the
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condition that the City Clerk shall file or cause to he filed
for record in the office of the Recorder of Deeds of
Cook County, Illinois, a certified copy of this ordinance,
together with the flat made a pai: ehereof.
Introduced lr , 1977
Adopted ,3 1977
Approved— �, 1977
Ma
ATTEST:
i !r.
f
City Clerk
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pp A roved as to for � � .e�L---
f ; Corporation 0(knse 1
Recorded /U f ��
Document No.
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, 1977
EXHIBIT B
r 671Y
111491
RESTRICTIVE COVENANT
This Restrictive Covenant is executed by Kendall College,
an Illinois not -for -profit corporation, as of the;;�4day
of Alar•t , 1991.
WHEREAS, the City of Evanston, has vacated the iiorth-South
alley running North from Colfax Street between Sherman Avenue
and Orrington Avenue more filly described on Exhibit A atta.hed
hereto (the "Alley") pursuant to Ordinance 97-0-77, which was
recorded in Cook ^ounty, Illinois as Document No, 24142766 (the
"Ordin?nce"); and
..itEREAS, the Ordinance pr• rides the t Kendall Cc :leg:, will
execute a covenant, running with the land, which shill re:,:-ict
Lre use of the I".ley to parking purposes only.
,.endall College hereby declares as follows:,. '
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�. ,e of the Alley shall be restricted to parkinq G
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This co•: enar.' tou=hes an,i cone-rnz the land and shall
' r', and be the binding upon all persons and
1..: �s �...: cr in the future having an interest in the Alley.
t'HEREOF, Kendall College has execu�ed ;.his
�. -.,_,%enant as of the day in our first above -written.
KENDALL COLLEGE
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By:�/
Title; , a.
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STATE OF ��� o • t )
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COUNTY OF _ egk )
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The foregoing instrument was acknowledged Before me
this ls>'A day of �.,.al.- , 199I_ by �s-• ko�� �� ,
the of KENDALL OLLEGE, on behalf of
said corporation.
Notafy Public
Seal
My Commission Expires:
RICtiARD D. YAN
-L,tary
�•., rn•...,�st•on ErD •et Cw. I i. lY�l
• This :Anstrumer.t Prepared by:
of ht.;u-L-f�
Richard Demarest Yznt
SEYFARTH, SHAW, FAIRWEATHER
& GERALDSO"
Suite 4200
55 East Monroe Street
Chicago, Illinois 60603
(312) 246-8000
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That part of the North and South Public Alley in Block 1,
Orrington Addition to Ivanston, a subdivision of Part- of the SW
1/4 of Section 7, Township 41 North, ,range 14 East of the 3rd
Principal Meridian as recorded June 23, 1B92 as Document No.
2065672, ling West of and adjacent to Lots 1, 2 and 3, South o
the Worth line of Lot 1 extended West and North of the South
line of the North 31 feet of Lot 2 extended West all in said
Block 1, also the triangular Alley lying North and East of Lot
in owner's Resubdi.ision of lots 4, 5 znd 6 in Block 1 in said
Orrington Add_tinn, all as depicted in the Plat of V--cation
rccorded October 1.L, 1977 as Document No. 24142765, in the City
of Evanston, Cook County, Illinois.
11-07-110-014