HomeMy WebLinkAboutG40-23Ordinance No. G40-23
AN ORDINANCE
VACATING A PORTION OF A PUBLIC STREET
(Tollgate Road)
WHEREAS, the public interest will be served by vacating certain portions of a public street
in the City of Elgin, Kane County, Illinois, as shown in the Plat of Vacation and Dedication
attached hereto as Exhibit A; and
WHEREAS, said property is not necessary to serve the public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That those portions of a public street known as Tollgate Road in the City of
Elgin, Kane County, Illinois, depicted on Exhibit A, attached hereto, and legally described as
follows:
TOLLGATE ROAD VACATION PARCEL 2A:
THAT PART OF TOLLGATE ROAD LYING SOUTHERLY AND
CONTIGUOUS TO LAND VACATED BY THE CITY OF ELGIN, KANE
COUNTY, ILLINOIS BY ORDINANCE NO. S3-03 AND RECORDED AS
DOCUMENT 2003K055294, IN PART OF THE SOUTHEAST QUARTER OF
SECTION 33, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 4 IN TOLLGATE
INDUSTRIAL PARK PER DOCUMENT 2002K056010; THENCE SOUTH 66
DEGREES 17 MINUTES 24 SECONDS EAST ALONG THE
SOUTHWESTERLY LINE OF SAID VACATED LAND, 74.86 FEET; THENCE
NORTH 75 DEGREES 01 MINUTES 08 SECONDS WEST, 70.96 FEET TO THE
EAST LINE OF HIGH STREET TOLLGATE SUBDIVISION; THENCE NORTH
00 DEGREES 01 MINUTES 21 SECONDS EAST ALONG SAID EAST LINE,
11.76 FEET TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, IN
THE TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS.
TOLLGATE ROAD VACATION PARCEL NO. 2B:
THAT PART OF TOLLGATE ROAD CONTIGUOUS TO TOLLGATE
INDUSTRIAL PARK PER DOCUMENT 2002K056010, ALL IN THE
SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 42 NORTH, RANGE
8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE CITY OF ELGIN,
IN THE TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS DESCRIBED
AS FOLLOWS:
BEGINNING A THE SOUTHEAST CORNER OF LOT 4 IN SAID TOLLGATE
INDUSTRIAL PARK; THENCE SOUTH 75 DEGREES 52 MINUTES 16
SECONDS WEST, 20.23 FEET; THENCE NORTH 75 DEGREES 01 MINUTES
08 SECONDS WEST, 170.33 FEET TO THE EAST LINE OF LAND VACATED
PER DOCUMENT 2003K055294; THENCE NORTH 15 DEGREES 11
MINUTES 15 SECONDS EAST ALONG SAID EAST LINE, 10.52 FEET TO
THE SOUTH LINE OF SAID LOT 4; THENCE SOUTH 74 DEGREES 48
MINUTES 45 SECONDS EAST ALONG SAID SOUTH LINE, 187.96 FEET TO
THE POINT OF BEGINNING, IN THE CITY OF ELGIN, IN THE TOWNSHIP
OF DUNDEE, KANE COUNTY, ILLINOIS.
be and the same are hereby vacated.
Section 2. That the City of Elgin does hereby reserve for itself an easement in, upon or
under those portions of Tollgate Road vacated by this ordinance that are depicted and legally
described on Exhibit A as the "City Easement."
Section 3. That for good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the portions of Tollgate Road vacated by this ordinance shall be conveyed
in their entirety by the City of Elgin to the adjoining property owner H.B. Fuller Company, a
Minnesota limited liability company, by way of a quit -claim deed, without any representations,
warranties, or guarantees, and subject to the City's reservation of an easement in favor of the City
within vacated Tollgate Road as set forth herein. Such quit -claim deed shall be executed by the
Mayor and attested to by the City Clerk and recorded with the Kane County Recorder concurrently
with the recording of this ordinance and the plat of dedication and vacation attached hereto, and
whereupon H.B. Fuller Company shall pursuant to 65 ILCS 5/11-91-1 acquire title to the portions
of Tollgate Road vacated by this ordinance in their entirety.
Section 4. That this ordinance shall be in full force and effect from and after its passage
and the recording of a certified copy of the ordinance together with the attached plats of the vacated
property with the Kane County Recorder's Office.
Presented: October 11, 2023
Passed: October 11, 2023
Omnibus Vote: Yeas: 8 Nays: 0
Recorded: October 11, 2023
Published: October 11, 2023
Att- st:
Kimberly Dewis,Clerk
2
David J. Ka. min, M or
9
P.I.N. 05-55-402-019
PAESEREACHTEAROLLO
UPC., LOArEco=c•
CRY EASE0ENTIOE1 PRDN910N9
AN EXCLUSIVE AND PERMANENT EASEMENT (MESS 603M0 HEREON AS A NON-
EXCLUSIVE RIGHT, IE. IN COMMON MN OTHER GRANTEES) IS HEREBY RESERVED
FOR MO GRANTED TO THE COY OF ELGIN. N1 ILLINOB MINOPAL CORPORATOR,
AND RS SUCCESSORS AND ASSIGNS FOR THE INSTAWTON. CONSTRUCTOR.
RECONSTRUCTION REPLACEMENT. ALTERATION, ENLARGEMENT, OPERATION.
INSPECT.. REPAIR. MNNTEHANCE RELOCATION. RENEWAL AID R.OVAL OF
INFROVELIENTS, FACILITIES AND APPURTENANCES. INCLUDING VATHOIT LNRATDN
ANY ANO AU. SERVETESE AND DT1ALAN09HYD�WI1 IMPROVEMENTS CONNECTORS
BUT MATU..p
TO FORCE MANS S.M. SEWERS. STORM SEWERS. STORM MANAGE. WATER
VN3, PECESTRUVI WALKWAYS. MUNICIPAL VG.. AND OTHER MLN9GPN OR
PUBLIC UTLITY RIPP09E5 DESIGNATED BY SAID CITY. IN, ACROSS ALONG, OVER
UNDER ANDUPON THE AREAS DESCRIBED HEREIN ANDIEREOM IDENITTTEO AS TRY
EASEMENT' OR C.E,' TOGETHER WITH THE RIGHT TO INSTALL REQUIRED SERVICE
CONVECTIONS UNDER THE SURFACE OF EACH LOT TO SERVE WEROVEMENTs
AND TOGETHER LRAM THE RIGHT TO ENTER UPON THE PROPERTY WITH
SUd1 FISSION EL AND MUIR.. AS MAY BEDEWED NECESSARY FOR ALL SUCH
USES AND PURPOSES. NO OBSTRUCTION OR STRUCTURE SHNL BE ERECTED OR
LOCATED. NOR .ALL ANY TREES BE PUNTED, OVER SAD EASEMENT AREAS, NOR
SHALL ANY OTHER ACTIVRIES BE UNDERTAKEN THAT UNREASONABLY INTERFERE
ATH 11E CITYS INTENDED USE THEREOF, BUT TIE SAME WY BE USED FOR
LA DSTAM., FENDING. PARK. OR OTHER PURPOSES IF APPROVED N WRwNG
BY THE CITY OF ELGIN AND IF SUCH USE DOES NOT TREMOR LATER INTERFERE WITH
THE AFOREMENTIONED PURPOSES. THE RIGHT IS ALSO HEREBY GRANTED TO THE
CRY OF ELGIN TO REMOVE ANY FEACES. MEMOS OR STRUCTURES AND TO CUT
DOWN. TRIM OR REMOVE WS TREES, SHRUBS. BUSHES. ROOTS OR OTHER
PLANTINGS T INTERFERE WITH ME OPERATION OF OR ACCESS TO SUCH
FACILITES IN.. HFON, ACROSS, UNDET ORT ALIGN SAID CRY F.E EM. THE
CRY SHALL NOT BE RESPONSIBLE FORTE REPLACEMENT OR REPAIR O' ARTY SUCH
FENCES WEEMS STRUCTURES, I. STPF,CAROM, SHRUBS. LANDSCAPING
°ROMER IMPROVEMENTS REMOVEDORING THEEIEROSE OF THE HEREINGNEN
RATS. REPLACEMENT REPNR OF 3 DILL BE TH
RIGHTS
OF THE TEN PROPERTY OWNER ANY OTHER .EIDC UORHES
SELL BE PE... TED TO CR063 SAID OTT EASEMENT AT RIGHTANGLES THERETO IF
APPROVED IN WRITING BY THE OTY OF ELGIN ANA FRONDED THAT SUCH 000WN
A MANNER THAT DOES NOT TER OR LATER UNREASONABLY INTERFERE VATH THE
000 INTENDED USE OF TIE EASBAENT ARFOS. HOWEVER NO ELECT,.
TRNISFORMERS. SWITCHING EQUTGMENT. JUNCTION BOXES. OR ANT OTHER SUCH
AOLRIES OR EQUIPMENTGROUND
BE ERECTED EIMER ABOVE OR BELOW GRND ON SAM LANDS DUE TO T
OWNER CERTIFICATE FOR DEDICATION°, PARCEL 1
STATE OE RUNDIS
CRYOKA FNE jss
°FEMUR 1
Tw515 TOW., THAT
5 THE OWNER OF THE WO DESCRIBED ON THE
AND THAT TIE OWNER HAS CAUSED THE SASE TO BE
SURVEYED, AND THE OWNER DOES HEREBY CONSENT TO ADOPT THIS •
DOCUMENTFOR THE USESAND PURPOSES SET FORM UNORTHESTYLE
AND TTLEASHNOCATED.
DATED THIS DAY OF
OWNER
TITLE
ADCRE39 OF OWNER:
PRINTED NAME
ATTEST
PRINTED H.E
TIRE
NOTARY CERTFICATE
STATE OF oIS )
COUNTY KANE 1.
CITY 1
COUNTY, IN THE sTA 7.';OrSAID. 1>0 ICTRUrCERTIPTgi
KNOVN T
THe SAME PERSOHs WHOSE NAMES ARE SUBSCRIBED TO THE
FOREGOING INSTRUMENT AS SUCH, OWNERS APPEARED BEFOE ME THIS
DAT UNPERSON ANDACKWAEDGFD FREE AND
THE NEEDED PLAT AT THEIR OWN FREE AND VOLUNTARY ACT FOR THE
USES AND PURPOSES MMEN SET FORM.
GIVEN UNDER MY HAND AND NOTARIAL SEAL TINS DAY
HTED
PLAT OF DEDICATION AND VACATION
COUNCIUS CERTIFICATE
STATE OF1111 05 )
COUNTY OF ELGINVAfE )
CITY Of
I I
M01.01• Y
APPROVED ANDACCEPTED109__DAY OF .A0. 20BY
CITY COUNCIL OF ELGIN.IILINOS.
AUWOR
PRINTED NAME
CLERK
PRINTED NAME
RESOLUTION N s.
OF
TOLL GATE ROAD
F.O.B.
PARCEL2A
P.O.C.
PARCEL 1
VACATION PARCEL 211
HEREBYVACATED
403 S.F. 10.0092E Ac.t
• 17. A•
TOLLGATE INDUSTRIAL PARK
Roc A. A 29, 2020 o Doc No.20031 056ON
7' CITY EASEMENT
HEREBY GRANTED
2,666 S.F. E 0.06668 Ac-t
N F5• II' 150E
10.52'
VACATION PARCEL 28
HEREBY VACATED
1,027 S.F. 0 0.04104 Ae.
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SCALE: I• = 30'
DEOCATON PARCEL, HEREBY DEDICATED TONNE OTY°FEOR
THAT PART OF TOLLGATE ROAD VACATED BY THE CITY OF ELOIA KANE COUNTY.
ILLNOS BYORDIIWNCE NO. EOM ARO RECORDED AS COMMENT]00KS5796. IN
PART OFSOUTHEASTQUARTEROF SKTOV140001SNP 62 NORTH RANGE 5
EAST OF ME AL MERIDIAN, DESCF0ED.FOLOWS:
COME.. AT THE 6WTNE500005EA OF LOT. IN TOLLGATE INDUSTRIAL PAE60
PER COCIAENT 20 210S6D 10: THENCE SOUTH M CEGREE517 MMRE6 74 SECONDS
EAST ALOAGT10 SOUTIWLESTERLY101 OF 0WOVACATE1 UNEN.56 FEET TO THE
THENCE • OF BMW.: TNCE SOUTH ]5 DEGREES O MINUTES O6 SECONDS FAST,
AFEETTO THE EASTU0E OF END VACATED LND,TENCF SOIITH150EOEES
11 'MUTES 15 SECONDS NEST 260 FEET TO AFORESAID 6OUM.5E61ERLY UN
THENCE NORTI BS 101.01MONIN S 1T ES SECONDS NEST ALONG SAID
SOUTHWESTERLY UTE 101J1 FEET TO TE PONT OF BEOMAA. IN THE OW OF
EON. IN TE TOMS). DUDEE. IUW E COUNTY. ELNDO.
VACATION PARCEL 2A HEREBY VACATED.
THAT PART OF TOLLGATE ROAD LYING SOUTHERLY ARO CONTGUO S TO W0
VACATED GY THE CITY OF EMT. MIME MINTY. NAOS BY ORDNANCE NO. Glen
AND RECORDED AG DOCUNEM2W WO5520, TN PART OF THE SOUTHEAST QUARTER
OF SECTION A. UMW. 42 NORTH. RANGE 6 EAST OF THE TWO PRINCIPAL
NERIOAL CEGCRIBED. FOLLOWS:
0EON1N0 ATTIE SOITHMEST GORIER OF LOTS IN TOLLGATE INDJISTOAL PARK
PERDOCUENT7 00011310 THENCE SOUTH S DEGREES 0IMINTES 24 SECONDS
EAST ALONG THE SOUTIMESIERLY UNE OF SAID VACATED LAD. 010 FEET:
THENCE NORM]6CEGREES NWMRPSO6160164 SVE0T,T0SG FEET TOTE EAST
LINE OF NGH STREET TOLLGATE SUSOVI007 TIEN£ NORM W DEGREES O
MINUTES 71 SECONDS EAST ALONG SAD EAST UNE. 11.20 FEET TO THE POINT OF
BEGIWAG. IN THE CITY OF EGA, IN THE TOWNS. OF ONOEE. KANE COUNTY.
ILLNESS.
VACATIOR PARCEL NO. 22) HEREBY VACATED:
TUT PART OF TOLLGATE ROAD COTGUWS TO TOLLGATE NDUST., PARK PER
O OOAENT 20071 56010. ALL IN THE SOUTHEAST QUARTER OF SECTOR 23,
• A, I2 NORTH SHPO.�RD wEg5OFELN THE TOWNSHIP DUNDEENNCOMM INDESCCRIBD.
BEON61N3 A THE SOUTHEAST COWER OF LOT 4 N SAID TOLLCATE DDUSTRIAL
PRAM: TIERCE SOUTH 75 DEGREES :2 ,SAUTES 16 SECONDS NEST. 2022 FEET;
TEAST U. OFHENCE IMMUNE VACATEDDIPERINIEOGCUAENT s CS N700NSS9D1:I2033 FEET ID THE
TENCE NORTH 16
DEGREES 11 MINUTES 15 SECONDS EASTALONG SNDEA0T UNE,10. FEET TO THE
SOLI UNE OF SAID LOT 6: THENCE
SOUTH SI DEGREES 45 MUTES
65 SECONDS
EASTNO,DSAIOBDUIHUNE.15I88FEETTGTEPONMOFEGINONG NTHEOTF
OF ELGN, N THE TOWN6N P OF OIICEE. KAAE GONA', OUN O,S.
▪ EAsoman
THAT PAR. OF TOLLGATE R 11 CONTIGUOUS TO 'MGM 010 023 muumuu.
DOCUMENT TmN0560 w THE SOUTHEAST CUMTER OF DV 3G
TOWNSHIP 42 NORM.RANGE5 FAST 6TNET5R0 PRwOPALNEROIARNTECRY
OF ESN. N THE TOWNSHIP OF DUNDEE. VANE COMM ELNO6 OESCWEED AS
BEG:MENG A THE SOUTHEAST CORNER OF LOT A N 9A0 TOLLGATE 60USTUAL
PARK THENCE SOUTH230EOREES52MIMRES NSEGDNDSW£ST.S.FEETTOTNE
POINT Of BEGINNO. THENCE SOUTH 75 DEGREES 52 MINUTES 16 SECONDS NEST,
EP THENCE NORTH TSDEGFEES N NNURE608.CONOS WEST..81 FEET
TO THE SOUTHERLY EIITENMON OF THEFART1RE s00 TIERCE
LOT TRCE NORTH DO
DEGREES N MINUTES. SECONDS EAST ALONG SURD EAST UNE.125 FEET: THENCE
SOUTH M]OOGME W OF ELGIN IN THE OME
CETINIP S1
ELOF MMES. MANE COUNTY.
SURVEYORS CERITHCATE
STATE OF IWNIS iss
CONDO COOK I
of 1wURVEYOR
1
THAT THIS OBEEN ME0LNOPORE T60N FROMS100500
ROR9FRTHEEMCPRPOS.5THE EwSET 690l4rOTHTTFPAns IEHEON OPTIC ED PROPERTY MENSO S ARE
6110ECREES V.
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