Loading...
HomeMy WebLinkAboutS-905 Ordinance No . S-905 AN ORDINANCE VACATING A CERTAIN PUBLIC ALLEY LYING BETWEEN INDIAN DRIVE AND BLACKHAWK DRIVE IN THE CITY OF ELGIN , COOK COUNTY , ILLINOIS . WHEREAS , that certain public alley lying between Indian Drive and Blackhawk Drive in the City of Elgin , Cook County , Illinois , hereinafter described, has never been improved , main- tained or used for street or alley purposes , and WHEREAS , the public interest will be subserved by the vaca- tion of the following described public alley , to-wit : A 40 foot wide strip of land lying West of the West line of Blackhawk Drive , East of the East line of Indian Drive and South of and adjacent to the South line of Lots 211 and 212 in the Second Addition to Blackhawk Manor and Lots 213 thru 230 in the Third Addition to Blackhawk Manor , being a part of the Third Addition to Blackhawk Manor , a subdivision of part of Sections 6 and 7 , Township 41 North , Range 9 , East of the Third Principal Meridian , in the City of Elgin , Cook County , Illinois ; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN , ILLINOIS : Section 1. That the following described public alley , as plated to the City of Elgin , Cook County , Illinois , to-wit : A 40 foot wide strip of land lying West of the West line of Blackhawk Drive , East of the East line of Indian Drive and South of and adjacent to the South line of Lots 211 and 212 in the Second Addition to Blackhawk Manor and Lots 213 thru 230 in the Third Addition to Blackhawk Manor, being a part of the Third Addition to Blackhawk Manor , a subdivision of part of Sections 6 and 7 , Township 41 North , Range 9 , East of the Third Principal Meridian , in the City of Elgin , Cook County , Illinois ; be , and the same hereby is , vacated for street and alley purposes . Section 2 . That the City of Elgin does hereby reserve to itself , and to any and all public utility companies , owning any public service facility in any part of said alley vacated by this Ordinance , full right of ingress in , on and from said alley , and an easement to go upon all or any part of said alley vacated by this Ordinance for the purpose of continuing , maintaining , reconstructing or extending any such public service facilities , which might be located thereon . Section 3 . That a certified copy of this Ordinance, together with a Plat of the public alley vacated , be filed with the Recorder of Deeds of Cook County , Illinois , Section 4 . That this Ordinance shall be effective from and after its passage as provided by law and shall be published in pamphlet form by authority of the City Council . E . C . Al ft , Mayor Presented : November 13, 1968 Passed : ::ove .ber 13 , 19bP Vote : Yeas 5 Nays 0 Recorded : ovc_ Published : : overr,ber 13 , 1'9of Attest : "argaret1e s ( i -red) Margaret A. Shales , City Clerk r J ♦ I STATE OF ILLINOIS ) ) SS. COIJNTYOFKANE ) PETITION TO VACATE ALLEY To The Honorable Mayor and Members of the Council of the City of Elgin, Illinois: Now come Heise Bros. Realty, Inc., an Illinois Corporation; Blackhawk Builders, Inc., an Illinois Corporation, and Sylvester W. Jansky and Irene M. Jansky, husband and wife, and Edward C. Holtz and Mildred Holtz, husband and wife, Petitioners, and herewith petition the Mayor and City Council of Elgin, Illinois, pursuant to the provisions of Section 11-91-1 of Article 11 of Chapter 24 of the Illinois Revised Statutes of 1967 to adopt an Ordinance vacating that certain alley, being 40 feet in width, lying between Indian Drive and Blackhawk Drive in the City of Elgin, Cook County, Illinois, legally described as follows, to-wit: A 40 foot wide strip of land lying West of the West line of Blackhawk Drive, East of the East line of Indian Drive and South of and adjacent to the South line of Lots 211 and 212 in the Second Addition to Blackhawk Manor and Lots 213 thru 230 in the Third Addition to Blackhawk Manor, being a part of the Third Addition to Blackhawk Manor, a subdivision of part of Sections 6 and 7, Township 41 North, Range 9, East of the Third Principal Meridian, in the City of Elgin, Cook County, Illinois; and these Petitioners herewith represent as follows: 1. That the Petitioners, Sylvester W. Jansky and Irene M. Jansky, husband and wife, are the owners of Lot 212 in the Second Addition to Blackhawk Manor, Cook County, Illinois. 2. That the Petitioners, Edward C. Holtz and Mildred Holtz, husband and wife, are the owners of Lot 211 in the Second Addition to Blackhawk Manor, Cook County, Illinois. 3. That the Petitioner, Heise Bros. Realty, Inc., an Illinois Corporation, is the owner of Lots 213 through 230 inclusive in Third Addition to Blackhawk Manor, Cook County, Illinois. 4. That the Petitioner, Blackhawk Builders, Inc., an Illinois Corporation, is the owner of Out Lots Number 2, 3 and 4, all in Third Addition to Blackhawk Manor, being a Subdivision of part of Sections 6 and 7, Township 41 North, Range 9, East of the Third Principal Meridian, according to the Plat thereof registered in the office of the Registrar of Titles of Cook County, Illinois, on January 9, 1958, as Document Number 1176797, and also Lot 515 in Fifth Addition to Blackhawk Manor, -2- being a Resubdivision of part of the Third Addition to Blackhawk Manor, situated in the City of Elgin, Cook County, Illinois. 5. That these petitioners are therefore the owners of all property bordering both sides of the alley herein sought to be vacated. 6. The alley has not been used as a public roadway or maintained by the City and the public interest will be served by vacating said alley. The alley has been used mostly as a means of ingress and egress for persons renting apartments located on Lots 213 through 230 in Third Addition to Blackhawk Manor for purposes of park- ing their automobiles behind said apartments. 7. That, if said alley is vacated, as herein requested, Petitioner Blackhawk Builders, Inc., desires to incorporate the same as part of its proposed Planned Unit Development for multiple family residences to be located on Out Lots 2, 3 and 4 in Third Addition to Blackhawk Manor and Lot 515 in Fifth Addition to Blackhawk Manor, for which purpose a petition is now pending before the City of Elgin Zoning Board of Appeals and eventually before the City Council of the City of Elgin, Illinois; that said alley will be kept open and improved and used as a private street, as set forth in the plans for said Planned Unit Devebpment, and the Peti- tioner, Blackhawk Builders, Inc., will maintain and service the said alley as a private street, without cost, expense or liability to the City of Elgin, Illinois. 8. That attached hereto and made a part hereof by reference is a Plat of the alley herein proposed to be vacated. 9. That the Petitioners herein will reserve to the Municipality, or to the public utilities, as the case may be, which owned public service facilities with- in said alley, such easements as may be necessary for continuing public service by means of those facilities and for the maintenance thereof. WHEREFORE, These Petitioners pray that the alley hereinabove described be vacated by Ordinance adopted by the City Council of Elgin, Illinois, pursuant to the Statute in such case made and provided, providing, however, that the Planned Unit Development of Blackhawk Builders, Inc., for multiple family residences on land lying South of said alley be approved . -3- Dated this 25th day of March, A. D. 1968. HEISE BROS. REALTY, INC., An Illinois Corporation I) By .777, Att Its • / Its Secretary BLACKHAWK BUILDERS, INC., An Illinois Corporation By A�y.est: Its Its Secretary 41 _ / Sylvest- W J.nscy Edw_ /. T Irene M. a sky/ A/ Mildred Hold. STAT.. OF ILLINOIS ) ) SS. COUNTYOFKANE ) I, the undersigned, a Notary Public in and for the County and State aforesaid, Do Hereby Certify that SYLVESTER W. JANSKY and IRENE M. JANSKY, husband and TJiife, 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 acknowledged that they signed and delivered the said instrument as their free and voluntary act, for the uses and purposes therein set forth. n Given under my hand and notarial seal this a36day of '4Z , 1968. /,/ • / Pub1/f STATE OF ILLIidGIS ) ) SS. COUNTY OF C 0 0 K ) I, the undersigned, a Notary Public in and for the County and State aforesaid, Do Hereby Certify that EDWARD C. HOLTZ and MIZDRED HOLTZ, husband and wife, per- sonally known to me to be the same persons whose names are subscribedto the fore- going instrument, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their free and voluntary act, for the uses and purposes therein set forth. Given under my hand and notarial seal this t day of -C -1 f , 1968. Notary Public -4- STATE OF ILLINOIS ) ) SS. COUNTY OF C 0 0 K ) I, the undersigned, a Notary Public in and for the County and State aforesaid, do hereby certify that 01 , personally known to me to be the President of Heise Bros. Realty, Inc., an Illinois Corporation, and ,2-kg o , e. , 1,L.L , personally known to me to be the Secretary of said corporation and per- sonally known to me to be the same persons whose names are subscribed to the fore- going instrument, appeared before me this day in person and severally acknowledged that as such President and Secretary they signed and delivered the said instrument as President and Secretary of said corporation and caused the cor- porate seal of said corporation to be affixed thereto, pursuant to authority given by the Board of of said 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 notarial seal the ,Vd0,4 day of _, 1968. Nota" Public STATE OF ILLINOIS ) ) SS. COUNTY OF C 0 0 K ) I, the undersigned, a Notary Public in and for the County and State aforesaid, do hereby certify that -4-n , personally known to me to be the President of Blackhawk Builders, Inc., an Illinois Corporation, and er . E, personally known to me to be the Secretary of said corporation and per- sonally er- sona y known to me to be the same persons whose names are subscribed to the fore- going instrument, appeared before me this day in person and severally acknowledged that as such President and Secretary they signed and delivered the said instrument as President and Secretary of said corporation and caused the cor- porate seal of said corporation to be affixed thereto, pursuant to authority given by the Board of of said 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 notarial seal the ;)_a.4 day of , 1968. Nota. Public