HomeMy WebLinkAboutS3-88 Ordinance No. S3-88
AN ORDINANCE
VACATING A PORTION OF A PUBLIC STREET
(Ann Street)
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 I. That a portion of a public street in the City of Elgin, Kane County,
Illinois, legally described as follows:
That part of the Ann Street right-of-way east of Liberty Street and
south of and adjacent to Lot I Block 5 of Vail's Addition to the City of
Elgin and North of and Adjacent to Lot 4 Block 6 of Vail's Addition to the
City of Elgin in Kane County, Illinois.
be and the same is hereby vacated.
Section 2. That the City of Elgin does hereby reserve to itself and to any public
utility company owning any public service for 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 service facilities and to maintain, renew, extend or construct or
reconstruct any such public service facilities.
Section 3. That a certified copy of this ordinance together with a plat of said
vacated right of way be filed with the Recorder of Deeds of Kane County, Illinois.
Section 4. That this ordinance shall be in full force and effect from and after its
passage in the manner provided by law.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: April 27, 1988
Passed: April 27 , 1988
Vote: Yeas 7 Nays 0
Recorded:
Published:
Attest:
s/ Marie Yearman
Marie Yearman, City Clerk
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COVENANT FOR 577 Ann St.
Zoning
Variation_
ariation limiting use
to 2-Family occupancy, although
2 buildings exist.
Mit Filed: April 29, 195$
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STIPULATION PERTAINING TO THE USE OF REAL PROPERTY WITHIN
THE CORPORATE LIMITS OF THE CITY OF ELGIN, ILLINOIS
WHEREAS, the undersigned Lee Siegel and Senna Siegel, husband
and wife, are the owners in fee and the undersigned, Burdette L. Rausch
and Gladys M. Rausch, husband and wife, are the contract purchasers of
the following described real property, to-wit:
Lot 9 in Block 3 of P. Mann's Addition to the City of Elgin,
Kane County, Illinois,
known as 577 Ann Street, Elgin, Illinois, and
WHEREAS, there is presently constructed on said lot a single family
residence and also a cement block, industrial building, and
WHEREAS, said tract is zoned ''B Two Family District" under the
Zoning Ordinance of the City of Elgin, Illinois, and said cement block
industrial building constitutes a "non-conforming" use of said property,
and
WHEREAS, the undersigned have petitioned the Zoning Board of
Appeals of the City of Elgin, for a variation from the Zoning Ordinance
of the City of Elgin to allow them to remodel the said cement block
building into a single family residence, and have represented to the City
of Elgin that if such a variation is granted, they will abandon the right
to the non-conforming use of this property for all time, and as long as
the premises are zoned "B Two Family District" under the Zoning
Ordinance of the City of Elgin, the use of said tract shall be limited to
two families notwithstanding the fact that two separate buildings exist
on said tract.
NOW, THEREFORE, in consideration of the premises and the
requested variation, the undersigned hereby promise, covenant and agree
for themselves, their heirs and assigns forever
1. That the present non-conforming, industrial use existing on
the above described premises be and it hereby is forfeited and abandoned
for all times.
2. That as long as the said premises are zoned "B Two Family
District" under the Zoning Ordinance of the City of Elgin, the use of said
tract shall be limited to two families; notwithstanding the fact that two
separate buildings exist on said tract.
WITNESS our Hands and Seals this ,72Y day of November, A. D. 1957.
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April 21 , 1988
MEMORANDUM
TO: Mayor and Members of the City Council
FROM: City Manager
SUBJECT: Ann Street East of Liberty Street
Vacation of Public Right-of-Way (R.O.W. )
PURPOSE: This memorandum will provide the Mayor and City
Council with information to consider the vacation of the subject
R.O.W.
BACKGROUND: The City Council has in the past vacated undevel-
oped R.O.W. to the adjoining property owners in its continued
effort to place on the tax rolls (at the same time eliminating
maintenance costs) City property no longer needed for public
purposes. The subject R.O.W. is one such property.
Ann Street extends cost of Liberty Street for a distance of 132
feet and is 66 feet wide. The property owners Michael & Mary
Barbezat, 353 N. Liberty Street on the north and Cheryl L.
Layman, 325 N. Liberty Street on the south have expressed an
interest in the vacation of this R.O.W.
The Engineering Division has prepared a plat of vacation for
this portion of Ann Street, a copy of which is attached for your
consideration.
FINANCIAL IMPACT: The cost for this type of vacation is $670 .00
which is to be split equally between the property owners.
RECOMMENDATION: It is recommended that the City Council author-
ize the vacation of the Ann Street R.O.W. east of Liberty Street
and that the plat of vacation be recorded with the Kane County
Recorder of Deeds .
Qe°2)1A/-kM
Jam J. Cook, City Manager
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