2-102-080 Legal descriptions and addresses – Vacations of the public way – Easements – Fees.
   (A)   Legal descriptions and addresses. Any person, other than officials and employees of the City acting in their official capacities, who obtain from the Department of Transportation an official house number certificate assigning an address to real property in the City shall pay a fee of $50.00 for each address assigned.
   (B)   (1)   Vacations of the public way – Easements. The Commissioner of Transportation shall assess a non-refundable application fee of $2,000.00 to process any application, submitted pursuant to the Department of Transportation’s Street and Alley Vacation Program, seeking City Council authorization to vacate the public way or to obtain an easement on, over or under the public way. Provided, however, that if the applicant is a sister agency, no application fee shall be assessed.
      (2)   In addition to the application fee required under subsection (B)(1) of this section, the applicant shall also be required to pay: (i) all third party costs incurred by the Department necessary or appropriate to ensure the validity of the land conveyance including but not limited to any costs associated with survey work, title work, appraisal of the real property or interest therein, recording of title and other associated expenses; and (ii) all third party costs necessary or appropriate to affect any utility relocation or adjustment including but not limited to all costs incurred in connection with the purchase and installation of new pipes or wires; and (iii) all third party costs necessary or appropriate to remove any objection identified by the Office of Underground Coordination or by any utility review board including but not limited to excavation costs, environmental remediation costs and disposal costs. If the applicant fails to submit a completed application in a timely manner or fails to meet any deadline necessary to complete the vacation or conveyance process, re-application shall be required and a non-refundable re-application fee of $1,000.00 shall be assessed. Provided, however, that if the applicant is a sister agency, no application fee shall be assessed.
      (3)   The appraisal of the real property or interest therein required under subsection (B)(2)* of this section shall be: (i) ordered by the Department of Law, at the request of the Department of Transportation, and (ii) made by a qualified MAI appraiser approved by the Department of Transportation, and (iii) paid for by the applicant.
      (4)   If the City Council adopts an ordinance authorizing vacation of the public way or an easement on, over or under the public way, the consideration for such vacated real property or easement shall be the fair market value of such property as set forth in the MAI appraisal. Provided, however, that the City Council may adopt an ordinance authorizing consideration for the vacated real property or easement in an amount less than the MAI appraised fair market value of such property if the person seeking City Council authorization to vacate the public way or to obtain an easement on, over or under the public way is a City department or sister agency or a qualifying entity under the Department of Transportation’s not-for-profit and industrial vacation programs.
      (5)   All fees or other amounts payable under this subsection (B)* shall be in addition to any amount payable by the applicant as consideration for the vacated real property.
      (6)   As used in this subsection (B)*:
         "MAI appraisal" means an appraisal performed by a Member of the Appraisal Institute.
         "Sister agency" means the Chicago Public Schools, Chicago Park District, Chicago Transit Authority, City Colleges of Chicago, Chicago Housing Authority or Public Building Commission.
(Added Coun. J. 9-10-97, p. 50512; Amend Coun. J. 11-16-16, p. 38042, Art. I, § 1; Amend Coun. J. 11-26-19, p. 11514, Art. II, § 1)
* Editor’s note – Coun. J. 11-26-19, p. 11514, Art. II, § 1, redesignated former subsection (b) as subsection (B) but failed to revise these internal references; references corrected at the discretion of the editor.