The URL can be used to link to this page

Home My WebLink AboutS8-09 Recorded :li'1IJJ I Ill II IIi 1410 185844 State of Illinois ) County of Kane) SS. RSANDYXANE WE�GMPINJ NTY, IL City of Elgin ) MAP ATTACHED CERTIFICATE OF CITY CLERK I, Diane Robertson, 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. S8-09 AN ORDINANCE VACATING CERTAIN PUBLIC STREET (Dawson Drive, River Walk Court and Festival Court) passed by the Elgin City Council at its legally convened meeting held on October 28, 2009. In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the City of Elgin at the said City in the County and State aforesaid this 5th day of November, 2009 irgas FwM ' C; Diane Robertson, City C rk ti c/• eT 1 Sc n&'xreA s7 c,c1RIL 601„10 Ordinance No. S8-09 AN ORDINANCE VACATING CERTAIN PUBLIC STREETS (Dawson Drive, River Walk Court and Festival Court) WHEREAS,the final plat of subdivision for the River Park Place Development(the"Plat") was recorded June 4, 2004, as Document Number 2004K072591; and WHEREAS, the Plat erroneously identified Dawson Drive, River Walk Court and Festival Court as "hereby dedicated"thereby dedicating such streets as public streets; and WHEREAS, the designation of Dawson Drive, River Walk Court and Festival Court as public streets within the River Park Place townhome development was in error in that it was not intended that such internal roadways would be owned and maintained by the City, but rather the Declaration of Covenants,Conditions and Restrictions for the River Park Place Townhome Property Owners Association identifies such roadways as being Community Area to be maintained by the property owners association; and WHEREAS,605 ILCS 5/9-127(b)provides in relevant part that when any highway authority determines to vacate a highway under its jurisdiction, or part thereof, established within a subdivision by a statutory plat, that authority may vacate such highway and convey the highway authority's interest in such highway to any bona fide organization of property owners of the subdivision which (1) is so organized to be able to receive, hold and convey real property, (2) has petitioned the highway authority for the vacation of the highway, and(3)undertakes to develop the property for the use and benefit of the public; and WHEREAS, the River Park Place Townhome Property Owners Association is an organization of property owners of the River Park Place subdivision, is a qualified bona fide organization of property owners as contemplated in 605 ILCS 5/9-127(b),and has petitioned the City of Elgin pursuant to 605 ILCS 5/9-127(b) to vacate Dawson Drive, River Walk Court and Festival Court and to convey such vacated streets to the River Park Place Townhome Property Owners Association to allow such association to develop such property for the use and benefit of the public; and WHEREAS,the public interests will be served by vacating Dawson Drive,River Walk Court and Festival Court within the River Park Place subdivision and said property is not necessary as dedicated public streets to serve the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That all of Dawson Drive, River Walk Court and Festival Court as platted in River Park Place, being a subdivision of part of the southwest quarter of Section 13, Township 41 North Range 8 East of the Third Principal Meridian recorded June 4, 2004, as Document Number 2004K072591, in Elgin, Kane County, Illinois,be and are hereby vacated. The plat of vacation for the vacation of Dawson Drive, River Walk Court and Festival Court is attached hereto and made a part hereof as Exhibit A. 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 services in, upon or under the rights-of- way vacated by this ordinance full right of access for the purpose of continuing, extending or installing 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 construed upon the rights-of-way vacated by this ordinance. Section 3. That Dawson Drive, River Walk Court and Festival Court vacated by this ordinance shall be conveyed by the City of Elgin to the River Park Place Townhome Property Owners Association, a not-for-profit Illinois corporation,pursuant to quit-claim deed to 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 vacation attached hereto and whereupon the River Park Place Townhome Property Owners Association shall acquire title to Dawson Drive,River Walk Court and Festival Court vacated by this ordinance pursuant to 605 ILCS 5/9-127(b). Section 4. That this ordinance shall be in full force and effect from and after its passage and recording in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: October 28, 2009 Passed: October 28, 2009 Vote: Yeas: 7 Nays: 0 Recorded: October 29, 2009 Published: Attest: s/Diane Robertson Diane Robertson, City Clerk QUIT CLAIM DEED ;F il\ID Y Wf_GMPIN! (Corporation to Corporation) EANE LLJUI;Y, 2L THE GRANTOR, CITY OF ELGIN, a municipal corporation, created and existing under and by virtue of the laws of the State of Illinois and duly authorized to transact business in the State of Illinois, for and in consideration of the sum of Ten and no/100($10.00)Dollars, in hand paid, and pursuant to authority given by the City Council of the City of Elgin, conveys and quit claims unto RIVER PARK PLACE TOWNHOME PROPERTY OWNERS ASSOCIATION, a not for profit Illinois corporation, all interest in the following described Real Estate situated in the County of Kane and State of Illinois, and legally described as follows: All of vacated Dawson Drive, River Walk Court and Festival Court as platted in River Park Place,being a subdivision of part of the southwest quarter of Section 13, Township 41 North, Range 8, East of the Third Principal Meridian recorded June 4, 2004, as Document Number 2004K072591, in Elgin, Kane County, Illinois. SUBJECT TO: All matters of record or otherwise including, but not limited to, (1) general real estate taxes for the year 2009 and subsequent years; and(2)reservation by the Grantor whereby the City of Elgin reserves for and to itself and for and to any public utility company owning any public utility or public service facilities in,upon or under the property described herein full right of access for the purpose of continuing,extending or installing 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 the vacated right-of- way described in this deed. In Witness Whereof, said Grantor has caused its corporate seal to be hereto affixed, and has caused its name to be signed to these presents by its Mayor, and attested by its City Clerk, this i8'Wday of October, 2009. CITY OF ELGIN REAL ESTATE TRANSFER STAMP CITY OF ELGIN, an Illinois Municipal Corporation 47647 By: ,40,„‘„„, Mayor IMPRESS CORPORATE SEAL �� \ HERE Attest: _ City Clerk 3 2� Exempt under provisions of Section 31-45 subparagraph (b) of the Real Estate Transfer Tax Law tA/ Dated: I y , 2009 Buye , Seller or Rep ntative STATE OF ILLINOIS ) ) ss COUNTY OFKANE ) I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY, that Ed Schock, personally known to me to be the Mayor of the City of Elgin, a municipal corporation, and Diane Robertson, City Clerk of said municipal corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such Mayor and City Clerk, they signed and delivered the said instrument as Mayor and City Clerk of said municipal corporation, and caused the corporate seal of said municipal corporation to be affixed thereto,pursuant to authority, given by the City Council of said municipal corporation as their free and voluntary act, and as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. Given under my hand and official seal this day of October, 2009. IMPRESS NOTARIAL SEAL HERE " "Ors : �lNotary ubl' / e2fr—Pf"MARY Calf rO`,' T Notary Puhtic,State of?i;inois My Commission Expires 06/13/2012 This Instrument Prepared By: Address of Property: William A. Cogley Vacated Dawson Drive, River Walk Court, Corporation Counsel and Festival Court,Elgin,Kane County,Illinois 60123 C PI City of Elgin 150 Dexter Court The above address is for statistical Elgin, IL 60120-5555 purposes only and is not a part of this deed. • G RI3 Tt E x H AD R t-.-f -�- Mail After Recording To: Send Subsequent Tax Bills To: William A. Cogley River Park Place Townhome Property Owners Corporation Counsel oAssociation City of Elgin ' 1141 East Main Street, Suite 100 150 Dexter Court TUU East Dundee, IL 60118 Elgin, IL 60120-5555 F:\Legal Dept\Real Estate\Deed-Quit Claim-Par Dev-Vacated Sts.doc 3