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Home My WebLink AboutS8-05 Recorded ?tee-411/%16 / r __ Ordinance Nod. S8 OS AN ORDINANCE 3/L3 VACATING A PORTION OF A PUBLIC STREET (FOUNTAIN SQUARE WAY) 0.1dck5i-Cp3S73S 3/3i/c) 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 it 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 the 18-foot-wide alley now known as "Fountain Square Way" lying between B.W. Raymond's Subdivision of Lots 1, 3, 4 and 5 in Block 21 of the Original Town of Elgin, on the east side of Fox River and Harvey & Amick's Subdivision of Lots 6 and 7 in Block 21 of James T. Gifford's Plat of Elgin,all in the East Half of the Southeast Quarter of Section 41,Township 14 North,Range 8 East of the Third Principal Meridian in the City of Elgin,Kane County,Illinois,described as follows: Beginning at the northeasterly corner of Lot A of said Harvey & Amick's Subdivision; thence on an assumed bearing of South 56 degrees 29 minutes 29 seconds West, 184.00 feet along the northwesterly line of said Lot A to the northwesterly corner thereof; thence North 33 degrees 29 minutes 00 seconds West, 18.00 feet along the northwesterly extension of the southwesterly line of said Harvey & Amick's Subdivision to the southwesterly extension of the southeasterly line of said B.W. Raymond's Subdivision; thence North 56 degrees 29 minutes 29 seconds East, 184.00 feet along said extension and said southeasterly line to the southeasterly corner of said B.W.Raymond's Subdivision;thence South 33 degrees 29 minutes 00 seconds East, 18.00 feet along the southwesterly line of South Grove Avenue to the Point of Beginning. Said vacation contains 0.076 acres, 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 the right of access for the purpose of continuing or extending any public utility or public services facilities,including but not limited to the city of Elgin's existing sanitary sewer, storm sewer, and water line, and to maintain, renew, extend or construct or reconstruct any such public utility or public service facilities. Prior to the construction of any buildings or other permanent structures upon said right of way vacated by this ordinance, the developer or the adjacent property,RSC-ELGIN LLC,shall at its cost relocate and/or protect public • • utilities or public service facilities located in the right of way vacated by this ordinance as directed by the City Engineer. Section 3. That upon the closing of the sale of the property adjacent to the right of way vacated by this ordinance as provided in the Development Agreement between the City of Elgin and RSC-ELGIN LLC dated August 11, 2004, as amended, a certified copy of this ordinance together with the plat of said vacated right of way along with a quit claim deed for the right of way vacated by this ordinance from the City of Elgin to RSC-ELGIN LLC,an Illinois limited liability company,shall 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. Ed Schock, Mayor Presented: March 23, 2005 Passed: Vote: Yeas Nays: Recorded: Published: Attest: Dolonna Mecum, City Clerk 1.. (2.-1SK035738 SANDY UEGUAt RECORDER KAt1E COUNTY, IL RECORDED OM State of Illinois) 43/31/2015 12:15PN County of Kane) ss REC FEE: 25.6m City of Elgin ) PAGES: 4 _adtAl 01 CERTIFICATE OF CITY CLERK 47LiK\\\\\\:\\\\\:.� I, Dolonna Mecum, DO HEREBY CERTIFY that I am the duly qualified City Clerk of the City of Elgin, in the Counties of Kane and Cook in the State of 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: ORDINANCE NO. S8-05 e_J AN ORDINANCE VACATING A PORTION OF A PUBLIC STREE (FOUNTAIN SQUARE WAY) passed by the Elgin City Council at its legally convened meeting hel• on .,ch 115. In Witness Whereof, I have hereunto set my hand and affix: he c .0 : e sea of the City of Elgin at the said City in the County and State aforesaid is Marc 00 . i • • 4:1,...e0-11* - - ity Clerk (SEAL) This instrument prepared by: 11111111111111 Return to: William A. Cogley Dolonna Mecum Corporation Counsel Elgin City Clerk City of Elgin 150 Dexter Court 150 Dexter Court Elgin, IL 60120 Elgin, IL 60120 Chicago Title Insurance Company 1795 West State Street Geneva, IL 60134 2005K035738 1/3 Ordinance No. S8-05 AN ORDINANCE VACATING A PORTION OF A PUBLIC STREET (FOUNTAIN SQUARE WAY) 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 it 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 the 18-foot-wide alley now known as "Fountain Square Way" lyingo between B.W. Raymond's Subdivision of Lots 1, 3, 4 and 5 in Block 21 of the Original Town of Elgin, on the east side of Fox River and Harvey & Amick' Subdivision of Lots 6 and 7 in Block 21 of James T. Gifford's Plat of El i. m the East Half of the Southeast Quarter of Section 41,Township 14 Nort ` .-�_e .st of the Third Principal Mendian in the City of Elgin,Kane County,Ill not • 'be. as follows: Beginning at the northeasterly corner of Lot A of said carve & is\'s Subdivision; thence on an assumed bearing of South 56 de: --. 29 inut-. seconds West, 184.00 feet along the northwesterly lin- " d of to the northwesterly corner thereof;thence North 33 degrees 2' m' -s 0 ec • West, 18.00 feet along the northwesterly extension of the sout.w:t.terly i' e+ f said Harvey & Amick's Subdivision to the southwesterly extension .f t•: so he:sterly line of said B.W.Raymond's Subdivision;thence No ' 6 v :-.s 29 mi• tcs 29 seconds East, 184.00 feet along said extension and sa'. s.• -ast- y t - to the southeasterly corner of said B.W.Raymond's Su►.+'visi. 1,the+ce S th ` degrees 29 minutes 00 seconds East, 18.00 feet along tht. out' wes ly e of •th Grove Avenue to the Point of Beginning. Said vacation c e tain. 0.0 ac = , more or less. be and the same is hereby vacate.. Section 2. That the City of El_' does he ,.y reserve for and to itself and for and to any public utility company owning any public u .1: or public service facilities in, upon or under said nght of way vacated by this ordinance the right of access for the purpose of continuing or extending any public utility or public services facilities,including but not limited to the city of Elgin's existing sanitary sewer, storm sewer, and water line, and to maintain, renew, extend or construct or reconstruct any such public utility or public service facilities. Prior to the construction of any buildings or other permanent structures upon said right of way vacated by this ordinance, the developer or the adjacent property,RSC-ELGIN LLC,shall at its cost relocate and/or protect public 2005K035738 2/3 utilities or public service facilities located in the right of way vacated by this ordinance as directed by the City Engineer. Section 3. That upon the closing of the sale of the property adjacent to the right of way vacated by this ordinance as provided in the Development Agreement between the City of Elgin and RSC-ELGIN LLC dated August 11, 2004, as amended, a certified copy of this ordinance together with the plat of said vacated nght of way along with a quit claim deed for the nght of way vacated by this ordinance from the City of Elgin to RSC-ELGIN LLC,an Illinois limited liability company,shall 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 and the recording of a certified copy of the ordinance together with the plat of the vacated right-of <:\\ \:\\\. - way with the Kane County Recorder's Office. s/Ed Schack Ed Schock, Mayor f J Presented: March 23,2005 Passed: March 23,2005 Vote: Yeas: 6 Nays: 0 Recorded: March 24, 2005 Published: Attest: <>01 1111111111119 s/Dolonna Mecum Dolonna Mecum, City Clerk 2005K035738 3/3 • PLAT OF VACATION N OF PART OF FOUNTAIN SQUARE WAY A °N' C T m O 3 d CITY OF ELGIN, BANE COUNTY, ILLINOIS -n '' N r, That pen of ate,}loot-s.:caaGy n=wkxv.-t as'Fouren Scan WeY Yr;'pewees SWQeyr'xoa'sSLbd. w-c CD X rvcn � of Loa 1.3 a an.5 e•Bbd 21 of:le Onpnal Tenn Elpn sr ale OW ads of los River arc harvey S Ar;•rs - u t. Ssedvnior of lea l and 7 i Sock 21 of_Is'nesT Gr>•d's Pan o•Ecr tlh:le East Yes et 7e Solleast Curter of Q C) C) 3 Seclen'4 Tonrnnpo'9o..Rarpe L East-f"a71-rd>..nnoel/Ae:clan n_a Cr,'e'_.r.Ore Cecrty.P nos. 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