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Home My WebLink AboutS4-89 Recorded Ordinance No. S4-89 AN ORDINANCE VACATING A PUBLIC ALLEY WHEREAS, the public interest will be served by vacating a public alley 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 public alley in the City of Elgin, Kane County, Illinois, legally described as follows: Part of an alley in part of J.T. Gifford's Addition and F. L. McClure's Subdivision, •in the City of Elgin, described as follows: Beginning at the Northwest corner of Lot 3 in said F.L. McClure's Subdivision; thence Northerly along the West line of said Lot 3 extended Northerly a distance of 12.0 feet to the Southwest corner of Lot I of said subdivision; thence Easterly along the South lines of said Lot I and Lot 2 of said subdivision and vacated alley by Document No. 1098511, a distance of 126.62 feet to a point in the West line of Lot 2 in J.T. Gifford's Addition; thence Southerly along said West line a distance of 33.98 feet to the Southwest corner of Lot 2 in said subdivision; thence Westerly along the North line of Lot 7 in said subdivision, a distance of 15.0 feet to the lEast line of Lot 3 in said F.L. McClure's Subdivision; thence Northerly to the Northeast corner of said Lot 3, a distance of 21.98 feet; thence Westerly along the North line of said Lot 3, a distance of 111.62 feet to the point of beginning, being situated in the City of Elgin, 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 VanbeVoorde, Mayor Prepared 'by: Ted A. Meyers P.O. Box 1270 Elgin, IL 60121 rQi 11 a/i_annn 1 q l; l ! ' r Presented: February 22, 1989 Passed: February 22 , 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk 19 9 9 7 19 F.a J I-tiT•T•u yy+� _c:t . _JI �fJ f f�i`.�i.�s.Vl'V FILED IN BLUEPRINT BOOK# State of Illinois County of Kane ss Certificate of City Clerk City of Elgin I, Marie Yearman, DO HEREBY CERTIFY that I am the City Clerk of the City of Elgin, Illinois, and that as such City Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal thereof. I DO FURTHER CERTIFY that the attached is a full, true, and correct copy of . pc_) 6.L; r� ( I I ...} • • r . ... .. ti the original of which is entrusted to my care for safe keeping. In Witness Whereof, I-have hereunto set my hand and affixed the corporate seal of the H City of Elgin at the said City in the County and State aforesaid this .. 3 day of JL,2..u.A.2 . . , L-K City Clerk. (SEAL) ��{ . , (j G713 1 „fug • FILED IN BLUEPRINT 1300i{# - I 9 6 6 7 13 C :r•).4 I STROM, SCHUSTER, MEYERS & MEYERS Attorneys at Law Suite 200 American National Bank Building 24 East Chicago Street Elgin, Illinois 60120 P.O. Box 1270, Elgin, Illinois 60121 William T.Meyers Warren E.Strom y Mark Schuster 100 E.Chicago Street William T.Meyers (312)931-9000 Suite 206 Ted August Meyers Elgin,Illinois 60120 Fax(312)931-7867 Phone:(312)741-7275 May 16, 1989 Mrs. Marie Yearman Elgin City Clerk 150 Dexter Court Elgin, Illinois 60120 RE: St. Mary's Church of Elgin Ordinance S4-89 vacating public alley. Dear Marie: Enclosed please find the original recorded Ordinance providing for the vacation of the alley for St. Mary's Church of Elgin. Once again, thank you for your help in this matter. Very truly yours, Ted A. Meyers STROM, SCHUSTER, MEYERS & MEYERS TAM/plp Enclosures El •n TELEPHONE 312/695-6500 (.,.. CITY OF ELGIN 150 DEXTER COURT ELGIN, ILLINOIS 60120-5555 g ZQ r February 28, 1989 Atty. Ted Meyers P. O. Box 1270 Elgin, Illinois 60121 Dear Ted: I am enclosing two certified copies of Ordinance S4-89, vacating a public alley. Please return one copy to me reflecting the date you recorded same, and the document number. Thank you for your assistance in this matter. Very truly yours, Marie Yearman City Clerk MY/db February 1 , 1989 ff U )S r� MEMORANDUM TO: Mayor and Members of the City Council FROM: City Manager SUBJECT: Vacation of Alley East of Park Row PURPOSE: This memorandum will provide the Mayor and Council with information to consider the vacation of an alley that extends east from Park Row to a deadend. BACKGROUND: The City had been approached a few months ago by representatives for St. Mary' s Church of Elgin regarding vacating the subject alley as shown on the attached sketch. The City has no record of ownership of this alley. The copy of the attached letter from Mr. Ted A. Meyers , which is on the reverse side of the sketch, explains the situation. FINANCIAL IMPACT: The Elgin Municipal Code , Chapter 4-36 , requires payment of a fee of $670 . 00 prior to recording the vacation of City property, which appears is not applicable since this is not City property. RECOMMENDATION: It is recommended that the City Council authorize the vacation of the alley so as to remove the apparent cloud on the title to the property and that the preparation of the necessary plat and any filing fee with Kane County be the responsibility of the applicant. ,/ mes J. Aok, City Manager Attachment DU PAGE STREET „4,2. SO 17.0 -71 39 4.4..0 In „() J Cr J 0 Q L.CYT i _OT 2 L_OT 2 0-1- 1 ao /-..,. o Wr rW ,1,2 v 4 1 0 IA ' I > Q - PJ t /1..-- 1Z(o.to 2ii/// W 3 N 111.4,Z a; LU /ya- h F 4. 4::' N Y0 ‘33,72. IS 0 <.J 4,4,0 Cl) kll 9 Gu 0 CC a 41 q CC Q. Nrr 0 4 LL. 4, P c? ,�• Q 0 5• N b "- 0 L.0-1" Lr' ? 0-C La 0 ` I/ I_____..,--/ 94.0 44.0 (.1..o • • FULTON STREET SPATE OF ILLINOIS) COUNTY OF KANE )SS This is to certify that the plat hereon drawn correctly indicates the above described ,• property. ;<'6 `• t ' /, ^) r..Afi. Alan J. .ulson - I.R.L.S. 42155 ' • tCti",; `i STATE OF ILLINOIS) COUNTY OF KANE )ss I, , Clerk of the City of Elgin, do hereby certify ,4' that the above is an accurate map of area to be vacated, and is approved by the City Council of Elgin, Kane County, Illinois, A.D. , 1987.. • City Clerk STROM, SCHUSTER, MEYERS & MEYERS Attorneys at law Suite 200 American National Bank Building 24 East Chicago Street Elgin, Illinois 60120 Warren E.Strom P.O. Box 1270, Elgin, Illinois 60121 William T.Meyers Mark Schuster 100 E.Chicago Street William T. Meyers (312)931-9000 Suite 206 Ted August Meyers lllinois 60120 Fax(312)931-7867 Phone:(312)741-7275 January 23 , 1989 Mr. Mel Dahl Elgin Public Works Department 35 Ann Street 1‘4„„) Elgin, Illinois 60120 C../ JAN 241989 RE: Vacation of alley at Park Row St. Mary ' s Hospitality Center C11 Y OF ELGIN Dear Mr. Dahl : Ei4GINEERING DEPT. This office represents St. Mary' s Church of Elgin in regard to its construction of a new Hospitality Center. The site of the center encroaches upon the nonvacated portion of an alleyway which • originates on Park Row at a width of 12 feet; thence Easterly a distance of 126 . 62 feet; with an L shaped Southerly end an additional 21. 98 feet (see copy of plat of vacation enclosed) . This alleyway has served no public purpose since its creation, and is currently used exclusively as a driveway for the owners of Lot 3 and Lot 1 of F. L. McClure' s Subdivision. Dan Blondin has stated that the City of Elgin has no interest in the alley and indicated that he would be willing to issue a Quit Claim Deed from the City to St. Mary ' s. Chicago Title does not show the City of Elgin as owner of the alley, but does list the City ' s interest as a cloud on the title. Chicago Title has indicated that a Quit Claim Deed from the City will not be enough to remove the cloud. Thus, the purpose of the vacation of the alley is to clarify and settle the legal interest of the adjoining lot owners to the alleyway. The owners of the alleyway have reached an agreement on how the ownership interests to the alley are to be divided. Please advise me what further information you require and what steps need to be taken to accomplish the vacation of the alley. Thank you for your attention to this matter. Very truly yours, Ted A. Meyers STROM, SCHUSTER, MEYERS & MEYERS TAM/pip Enclosure cc: Father Binsfeld