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HomeMy WebLinkAboutS12-02 Ordinance No. S12-02 AN ORDINANCE VACATING A PORTION OF A PUBLIC STREET (Belle Avenue) WHEREAS, the public interest will be served by vacating a portion of a public street in the City of Elgin, Kane County, Illinois, as shown in Exhibit "A" attached hereto; 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 a portion of a public street in the City of Elgin, Kane County, Illinois, legally described as follows : That part of Belle Avenue lying East of the West line extended northerly of Lot 7 of Block 5 in vacated Sadler' s Addition being a subdivision of part of the North half of Section 11 , Township 41 North, Range 8 East of the Third Principal Meridian and lying West of center line of Clark Avenue, formerly known as Mabel Street as platted in said vacated Sadler' s Addition, in the City of Elgin, Kane County, Illinois and containing 32 , 675 square feet more or less . be and the same is hereby vacated. Section 2 . That the City of Elgin does hereby reserve for and to itself and for and to any public utility company owning any public utility or public service facilities in, upon or under said right of way vacated by this ordinance full right of access for the purpose of continuing or extending any public utility or public service facilities and to maintain, renew, extend or construct or reconstruct any such public utility or public service facilities . No buildings or other permanent structures shall be constructed upon said right-of-way vacated by this ordinance. Section 3 . That for and in consideration of the city vacating a portion of Belle Avenue as provided herein and in consideration of the purchase of other abutting city property Judson College shall pay to the city the sum of $100, 000 . Section 4 . That upon the closing of the real estate sales contract between the city and Judson College regarding the portion of Belle Avenue vacated by this ordinance and the additional city property to be conveyed by the city to Judson College and the receipt by the city of the monies referenced in the preceding Section 3 of this ordinance a quit claim deed, a certified copy of this ordinance and a plat of said vacated right-of-way shall be filed with the Recorder of Deeds of Kane County, Illinois and thereupon Judson College as the owner of parcels of property abutting such portion of Belle Avenue vacated by this ordinance shall acquire title to the entire area of the portion of Belle Avenue vacated by this ordinance. Section 5 . That this ordinance shall be in full force and effect from and after its passage and recording in the manner provided by law. c , Mayor Presented: August 14 , 2002 Passed: August 14 , 2002 Omnibus Vote : Yeas : 7 Nays : 0 Recorded: August 15, 2002 Published: Attest : Dolonna Mecum, City Clerk Recorded by Kane County Recorder September 20, 2002 Document #2002K116900