Title/Name/Summary
Value City Easement Elimination- Plat of Abrogation Approval
History
The existing vacant Value City department store at 15701 71st Court was originally a Venture department store. When Venture was proposed back in the late 1970’s, part of an existing storm sewer on the property had to be eliminated before the building was to be built, or else the sewer would have been blocked by the building. This storm sewer was originally installed as part of the regional Silver Lake Gardens/Catalina Industrial Park subdivision engineering, prior to any buildings being sited for the subdivision. When the detailed Venture store site engineering was subsequently designed, the storm sewer in question was re-routed and partially eliminated. However, the ten (10) foot easement that was recorded to cover this sewer was left in place and crossed the Venture building footprint.
When Value City occupied the building in the early 1990’s, it is believed that the legal counsel of Venture or Value City felt the easement should be eliminated due the fact that it runs through the building. Village staff pursued the elimination of this easement, yet somehow the formal recording of the document eliminating the easement was not processed with the Cook County Recorder’s office.
Background
In the spirit of encouraging redevelopment, staff has revived the elimination of this easement. Staff again investigated this easement to ensure the Village at this time still does not have interest in retaining this easement for public utility use. This easement is currently occupied by only the aforementioned abandoned storm sewer and therefore an easement is no longer needed. The property owner has prepared a new Plat of Abrogation to be properly recorded by Village legal counsel upon approval by the Village Board of Trustees and by the utility companies which currently maintain rights to this easement. Individual waiver documents for the utility companies’ concurrence of abrogation/elimination are in the process of being acquired and will be appended to the plat prior to recording
This is now before the Village Board for consideration.
Recommended Action/Motion
I move to approve the Plat of Abrogation for Value City department store at 15701 71st Court, legally described as lot 105 in Catalina’s Commercial & Industrial Subdivision, a subdivision of Lots 3 and 6 in Silver Lake Gardens Unit 7 of Orland Park, which shall eliminate an unnecessary ten (10) foot public utility and drainage easement located within the north 200 feet of the subject property.