Kingsbury Abandonment

[D. Kaniuk]

Filed at the STB, a developer call The Shops At Kingsbury, Square, Llc, has filed for adverse abandonment of the rail line in Kingsbury St.  from North Ave. to Division St. This means the developer is forcing the abandonment of the rail line. The Shops At Kingsbury, Square will be located at 1500 N. Kingsbury, the old Midwest Zinc property.

-doug

[Ian]

hm....was the railroad in the street first...er......what Im trying to make a case for is the good ol\' statement about who came first....the railroad or the community that is trying to shut it down.....

[TBurke]

You can read the adverse abandonment petition at www.stb.dot.gov then search under \"Filings.\"  According to an article in the Chicago Sun-Times from this past February, the former Midwest Zinc site is to be redeveloped into a Whole Foods store, replacing a nearby but much smaller store.  All or part of the former Midwest Zinc spur apparently has an easement that Chicago Terminal absorbed which means removing it is not possible without the cooperation and agreement of the railroad.

Kingsbury Square LLC apparently is the developer for Whole Foods.

It\'s unfortunate that the developers cannot work around the spur and/or tracks in the street.  Apparently by forcing an abandonment of the Federally regulated C&E main track it will then cut off the spur into their property from the national rail system, making it easier to acquire the easement perhaps by condemnation.

[raisin]

I noticed that CTR filed a response (or, more accurately, an intent to respond) the very next day.  Sounds like this will be a battle.

[chuck]

Just an update.  CTR asked for a 20 day extension.  Both parties are talking and hoping to reach an agreement. This was on www.stb.dot.gov, filed May 21st.


-=Chuck=-
Mail: chuckjanda@hotmail.com
Home: http://www.chucksphotospot.com

[chuck]

So, it makes you wonder what CTR\'s real plan was with the area!! With that area booming, they could be selling off a lot of spurs!!
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SURFACE TRANSPORTATION BOARD
 
DECISION
 
STB Docket No. AB-1012

THE SHOPS AT KINGSBURY SQUARE, LLC—ADVERSE ABANDONMENT—CHICAGO TERMINAL RAILROAD IN CHICAGO, IL

Decided:  June 27, 2007

On May 2, 2007, The Shops at Kingsbury Square, LLC (Kingsbury Square) filed a petition for partial waiver of abandonment regulations and for exemptions, in conjunction with an application that Kingsbury Square had intended to file for adverse abandonment of authority of Chicago Terminal Railroad (CTR) to operate over a segment of rail line between the north edge of North Avenue and the terminus of the line near the intersection of Division and Halsted Streets, a distance of approximately 0.5 miles, in Chicago, Cook County, IL.

By notice filed on June 19, 2007, Kingsbury Square requests permission to withdraw its petition in this proceeding with prejudice.  Kingsbury Square states that it has negotiated an agreement with CTR whereby Kingsbury Square has agreed to purchase and CTR has agreed to sell a spur track and railroad easement that connect with the line that is the subject of this proceeding.  Kingsbury Square’s request is reasonable.  Accordingly, Kingsbury Square’s request will be granted, and the proceeding will be dismissed with prejudice.

It is ordered:

1.  Kingsbury Square’s request for withdrawal of its petition for partial waiver of abandonment regulations and for exemptions will be granted, and this proceeding is dismissed with prejudice.

2.  This decision is effective on the date of its service.

By the Board, Vernon A. Williams, Secretary.
                                                                 Vernon A.Williams                                                            Secretary



-=Chuck=-
Mail: chuckjanda@hotmail.com
Home: http://www.chucksphotospot.com