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HomeMy WebLinkAboutORDINANCES-2006-101-O-06• 9/20/06 9/19/06 9/15/06 9/14/06 9/13/06 101-0-06 AN ORDINANCE Vacating the North -South Public Alley Located East of Sherman Avenue and North of Colfax Street to an Abutting Owner (i°Smithfield") WHEREAS, Ordinance 85-0-06, adopted on September 11, 2006, rezoned the property in the block owned by Smithfield Properties XXXII, L.L.C. and bounded by Lincoln Street, Orrington Avenue, Colfax Street, and Sherman Avenue ("Smithfield Property") from U1 University Housing District to R1 Single -Family Residential • District, and granted a special use for planned development to permit the demolition of all existing structures located on the Smithfield Property and the construction of twenty (20) single-family dwellings; and WHEREAS, Smithfield Properties XXXII, L.L.C. has requested the vacation of a dead-end, public alley ("the alley") located within the Smithfield Property, east of Sherman Avenue and north of Colfax Street, adjacent to parcel PIN 11-07-110-014- 0000 to the west and parcels PIN 11-07-110-007-0000 and PIN 11-07-110-008-0000 to the east; and WHEREAS, Smithfield Properties XXXII, L.L.C. intends to consolidate the alley into the Smithfield Property and then subdivide the Smithfield Property for the • purpose of constructing the aforedescribed special use for planned development; and 101-0-06 WHEREAS, the alley serves no public purpose with the adoption of Ordinance • 85-0-06; and WHEREAS, the corporate authorities of the City of Evanston have determined that vacation of the alley to Smithfield Properties XXXII, L.L.C. is in the best interests of the citizens of the City of Evanston ("City"), 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 hereby found as fact and made a part hereof. SECTION 2: That the north -south public alley in the Smithfield Property and legally described as: BEGINNING AT THE SOUTHWEST CORNER OF _LOT 3 IN • ORRINGTON ADDITION TO EVANSTON THENCE SOUTH 890 59' 51" WEST 20.00 FEET TO THE SOUTHEAST CORNER OF LOT 1 IN KENDALL COLLEGE CONSOLIDATION; THENCE NORTH 000 23' 17" EAST 100.22 FEET; THENCE NORTH 89' 36' 43" EAST 20.00 FEET TO THE WESTLINE OF LOT 2; THENCE SOUTH 000 23' 17" WEST ALONG THE WEST LINE OF LOTS 2 AND 3 IN ORRINGTON ADDITION AFORESAID 100.22 FEET TO POINT OF BEGINNING, IN THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS. and depicted in the Plat of Vacation, attached hereto as Exhibit A and made a part hereof, is hereby vacated and closed provided that said vacated property shall be conveyed to Smithfield Properties XXXII, L.L.C., upon its payment to the City of Evanston of the sum of one hundred forty-one thousand five hundred dollars and no/cents ($141,500.00). • -2- 101-0-06 • SECTION 1 Pursuant to 65 ILCS 5/11-91-1, any and all easements for their existing utilities as may be on, under or above the vacated property, including rights - of -way, license and easement rights, and rights of ingress and egress for the maintenance, renewal, and reconstruction thereof are hereby reserved to Commonwealth Edison ("ComEd"). SECTION 4: The City hereby reserves to Nicor Gas any rights Nicor Gas may have for gas service pipes extending from gas system mains, which pipes may provide gas service to the vacated property. Said gas service pipes are neither covered by recorded easement nor are their locations mapped. SECTION 5: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. • 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, L.L.C. shall file this Ordinance 101-0- 06 and Ordinance 85-0-06 and all Exhibits to Ordinance 85-0-06, including but not limited to, the Plat of Subdivision, Exhibit C, and the Plat of Vacation,'Exhibit G, 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 Ordinance 85-0-06. Introduced:., �.(� ),t,,,.,X , -51-S , 2006 Approved: G Adopted: �� �, , ti�,� ,,2006� , 2006 • -- ' Laraine H. Morton, Mayor -3- 101-0-06 Appr v d as to form: N�, )"—A� Attest: Herbert D. Hill r First Assistant Corporation Counsel Mary P. orr's Oit Clerk C. • 0 -4- rl` • • GREMLEY & BIEDERMANN uccllae Na.184aenel PwESSlavx LAND SURVEYORS 4505 NORTH ELSTON AVENUE, CHICAGO, IL 60630 TELEPHONE: (773) 605.5102 FAx: (773) Z86.4184 ENAIL'INFOBPLCS-SURVEY.COH Plat of Vacation The Nordi-South Public Alley described as follows; Beginning at the Southwest Comer of Lot 3 In Onington addition to Evanston thence South 89' 59 61' West 20.00 feet to the Southeast Comer of Lot 1 in Kendall College Consolidation; Thence Norm 00' 23' 17' East 10022 feet: Thence North 11V 36' 43' East 20.00 feet to the West Una of Lot 2; Thence South 00' 2T 17' West along me West fine of Loth 2 and 3 in Oninglon Addition aforesaid 100.22 feet to Point of Beginning, in the Southwest Quarter of Section 7, Township 41 North, Range 14, East of the Third Principal Meridian, in Code County, Illinois. State of Illinois) County of Cook)ss Approved by the Council of the City of Evanston, Illinois, at a meeting held on the day of A.D., 2006. in witness whereof. I set my hand and affix the Corporate Seal of sold City, this _ day of A.D., 2006. City Clerk Evanston, Illinois State of Illinois) - County of Cook)ss I. Director of Finance of the City of Evanston. Illinois, do hereby certify that there are no delinquent or unpaid current or forfeited special assessments, or any deferred installments thereon that have been apportioned against the tract of land included in this plat of Consolidation. Dated this _ day of A.D., 2006 Director of Finance, Evanston, Illinois State of Illinois) County of Cook)ss Approved this day of A.D. 2006 Zoning Enforcement Officer, Evanston, Illinois State of Illinois) County of Cook)ss Approved this day of A.D. 2006 Director of Public Works, Evanston, Illinois State of Illinois) County of Cook)ss Approved this day of A.D. 2006 Corporation Counsel, Evanston, Illinois REVISED: 09-18-06 LEGAL DESCRIPTION (JRB) REVISED: 09-11-2006 CERTIFICATES [MI] REVISED: 08-29-2006 CERTIFICATES [RJT] REVISED 3/3/06 CER75 (BB) 1 DMRM BY: Sr1TIIFlELD PAOPFATIR IICIEa I DIall I ADWIE55 I ,e BB� Distances am marked in test and decimal pens thereof. Compare ho prints BEFORE building by same and at once report any differences BEFORE damage 4s done. GUM0 & BIEDERMANN For easements, building fines and other reetric6ons not shown on survey plat refer to your abstract, dead. antract bite policy and local building line regulallar s. �N'11--00lsx aaa F�T NO dimensions shall be assumed by sWe measurement upon this plat 4505 Nam rhir m Averse, Docim, IL e0630 nExns Rut 613-5102 FAc CTT]) IM411A FAA%: Bffa1PLCSSmrlr.rm Monumentaten or witness points were not set at the Wens request, u, EO1e ' a Unlessom�eerwmated hereon the Beating Basis, Elevation Dawn and Coordinate Datum t 2006-05186- 001 SGJS! I I0G � ]0 FEET I 1 L\COO\i00�\]oils-0n59a\a�g\2001-a31as-atAeq COPYRIGHT GREMLEY & S EDERMANN, INC. 2006 'All Rights Reserved LINCOLN STREET W W D D Z Z W Q I ' 61 LOT 1 Z µ z ' O f CI\ N89'36'4J 2-00� I] LOT G � V )•- __ __ ______ __ Z Q UV I �N � � N WMr jj r0 C (� =o aDO o LOT 3 0 H..m IA. O i f N f 211.42' 20.00" SBB'a0'51'w - 588'Ss'S7^e COLFAX STREET, [ EXHIBIT A ] Starr at illnala) CauntyafQaok )m Gnunley & Bledermonn Inc.. does hereby centy that it has prepared this Plat of Vacation of the alley as shown hereon drawn Dated. We of ,A.D. 2008. Gormley & Shedermann Inc. Professional Land S—eyorr BY. Prefeasional Winols Land Surveyor 9 My theme expires November 30, 2008 STATE OF ILLINOIS) COUNTY OF COOK)SS GRAPHIC SCALE 1. A NOTARY PUBLIC W AND FOR THE COUNTY IN THE STATE AFORESAID, 00 HEREBY CERTIFY THAT 4 00 w WHO IS PERSONALLY KNOWN TO ME TO BE THE SAME PERSON WHOSE NAME I 11 Ir iY 1.l1. III .I . III e A 1' IS SUBSCRIBED TO THE FOREGOING INSTRUMENT APPEARED BEFORE ME THIS DAY IN PERSON AND ACKNOWLEDGED THAT HE SIGNED AND DELIVERED THE SAID INSTRUMENT AS HIS OwN FREE AND VOLUNTARY ACT ( IN FEET) AND AS THE FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES THEREIN SET FORTH. - I Loeb . 30 fl. GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS _ DAY OF A.D. 20_ NOTARY PUSUC