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 -