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HomeMy WebLinkAboutS14-00 • e", Ordinance No. 514-00 AN ORDINANCE VACATING A PORTION OF A PUBLIC STREET (Perry 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 1 . That a portion of a public street in the City of Elgin, Kane County, Illinois, legally described as follows : That part of the Southeast Quarter of Section 14, Township 41 North, Range 8 East of the Third Principal Meridian described as follows : Beginning at the intersection of the easterly right of way line of Perry Street and the southerly right of way line of Locust Street as platted in Samuel L. Kimball ' s Addition to Elgin, being a subdivision of part of said Southeast Quarter; thence southeasterly along the easterly right of way line of Perry Street, a distance of 243 . 51 feet to an angle point in said right of way line; thence southerly along said right of way line, a distance of 55 . 05 feet to the northerly right of way line of Crosby Street as platted in Chisholm' s Addition to Elgin, being a subdivision of part of said Southeast Corner; thence westerly and southwesterly, along a curve to the left having a radius of 66 . 0 feet (the chord of said curve forms an angle of 56 degrees 03 minutes 45 seconds to the right with the prolongation of the last described course) , an arc distance of 102 . 74 feet to the westerly right of way line of Perry Street, as platted in said Chisholm' s Addition; thence northerly along said westerly right of way line, a distance of 120 . 25 feet to an angle point in said right of way line; thence northwesterly along said right of way line, a distance of 222 . 45 feet to the southerly right of way line of Locust Street, as platted in said Samuel L. Kimball ' s Addition; thence southeasterly to the intersection of the southerly right of way line of Locust Street with the easterly right of way line of Perry Street, a distance of 49 . 51 feet to the place of beginning. be and the same is hereby vacated. Section 2 . That for and in consideration of the city vacating a portion of Perry Street as provided herein the Catholic Bishop of Rockford as the owner of parcels abutting such portion of Perry Street shall pay to the city the sum of $9 , 400 plus the required ordinance fee of $670 . Section 3 . That prior to the construction of any buildings or any permanent structures on the portion of Perry Street vacated by this ordinance the Catholic Bishop of Rockford shall cause any public utilities or public service facilities in, upon or under said right of way vacated by this ordinance to be relocated as reasonably necessary to accommodate such buildings or structures at the sole cost and expense of the Catholic Bishop of Rockford. No such relocation shall occur until after the recording of this ordinance and the Catholic Bishop of Rockford submits to the City and/or to the public utility or public service company in question plans for any proposed relocation of utilities and such plans are approved by the City and/or public utility or public service company in question in writing. As a condition of the approval of the relocation of any such public utilities or public service facilities the Catholic Bishop of Rockford shall grant to the City and/or such public utility or public service company an easement for the relocated utilities or facilities . Section 4 . That upon the closing of the real estate sales contract between the City and the Catholic Bishop of Rockford regarding the portion of Perry Street vacated by this ordinance and the receipt by the city of the monies referenced in the preceding Section 3 of this ordinance a quit claim deed, a certified copy of this ordinance and a plat of said vacated right of way shall be filed with the Recorder of Deeds of Kane County, Illinois, and thereupon the Catholic Bishop of Rockford as the owner of parcels of property abutting such portion of Perry Street vacated by this ordinance shall acquire title to the entire area of said vacated street . Section 5 . That this ordinance shall be in full force and effect from and after its passage and reco di•.• j the le manner provided by law. ";2-504;7 Ed Schock, Mayor Presented: December 13 , 2000 Passed: December 13 , 2000 Omnibus Vote : Yeas 6 Nays 0 Recorded: December 14 , 2000 Published: Atte t : Dolonna Mecum, City Clerk