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HomeMy WebLinkAbout76-0531 Sidewalk Vault • -4-6-•05N CITY OF ELGIN, ELGIN, ILLINOIS APPLICATION FOR PERMIT FOR USE OF SIDEWALK/STREET VAULT SPACE The undersigned applicant, as Trustee and Beneficial Owners of Spiess-Penney Trust #1068, The First National Bank of Elgin, Trustee, 38-52 South Grove Avenue , Elgin, Illinois , hereby makes application for a permit for a ten-year period for sidewalk vault space, including adjacent walls comprising vault structures , which vault area is described as follows : That portion of the property located under the surface of the right-of-way of Spring Street and Fountain Square Plaza commencing at a point 4 feet easterly of the west right-of-way of Spring Street and 31 feet northerly of the southern right-of-way of Fountain Square Plaza and extending a distance of 71 feet westerly, parallel to said southerly right-of-way line of Fountain Square Plaza (formerly known as DuPage Street) ; Thence northerly a distance of 8 feet 6 inches along a line parallel to the westerly right- of-way of Spring Street; Thence easterly for a distance of 71 feet along a line parallel to the southerly right-of-way line of Fountain Square Plaza; Thence southerly a distance of 8 feet 6 inches along a line parallel to the west right-of-way line of Spring Street to the Point of Beginning. Said described area is commonly known as the street vault space adjacent to and northerly of property commonly known as 43, 47, and 51 Fountain Square Plaza . Also, the existing vault space area commencing at the westerly terminus of the above described tract and extending westerly along said Fountain Square Plaza (formerly known as DuPage Street) ; and Thence continuing southerly along the westerly side of Fountain Square Plaza (formerly known as South Grove Avenue) to a point opposite the southerly line of the J. C. Penney store building located on the westerly side of Fountain Square Plaza (formerly known as 51 South Grove Avenue) . This application for permit is being made pursuant to the provisions of Section 20-613 of Chapter 20 of the Municipal Code of Elgin, as amended. The undersigned applicant has and will incur a cost of the construction of the first mentioned tract area of $67,452 so as to enable said J. C. Penney Company to gain access to and from its said store building from South Spring Street for the delivery of goods and merchandise . Said J. C. Penney Company is now negotiating with the undersigned for a ten-year lease terminating May 31, 1986, and as a condition for the execution of such a lease specifies that a valid permit from the City of Elgin must be obtained providing for the operation of the vault area as an integral part of the demised premises and giving the employees and invitees of the company the right to have access to and to use the vault area for the receiving and shipping of merchandise and to pass freely under the area. Said J. C. Penney Company is unwilling to enter into such a lease without the assurance of such a permit over the period requested in that it could not operate its business successfully without it. The continued operation of said J. C. Penney Company store in the mall area is a critical element in the successful operation of such mall. Any other tenant of the building would demand the same assurance of full access to Spring Street. The continued use of the vault area is necessary for the continuted productive use of the building served by this space above mentioned. Failure to grant the permit as herein requested might well result in the abandonment of the entire building. There is submitted herewith check in the amount of $ 225 for the permit fee for the balance of the full ten-year period, the sum of $25 having heretofore been paid . Respectfully submitted, THE FIRST NATIONAL BANK OF ELGIN, AS TRUSTEE UNDER SPIESS-PENNEY TRUST #1068 BENEFICIAL OWNERS OF SAID TRUST BY: 4 � JOHN PIESS HAROLD H. JORDAN ATTORNEY AT LAW 11 Douglas Avenue P. 0. Box 912 Elgin, Illinois 60120 Telephone : 741-2255 - 2 -