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HomeMy WebLinkAboutS9-05 Ordinance No. S9-05 AN ORDINANCE VACATING A PORTION OF A PUBLIC STREET (RIVERSIDE AVENUE) 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 Riverside Avenue in the East Half of the Southeast Quarter of Section 14,Township 41 North,Range 8 East of the Third Principal Meridian in the City of Elgin, Kane County, Illinois, described as follows: Beginning at the southwesterly corner of Lot 20 in 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; thence on an assumed bearing of North 32 degrees 47 minutes 16 seconds West,225.78 feet along the northeasterly right-of-way of Riverside Avenue; thence continuing along said right-of-way the following four courses: North 56 degrees 31 minutes 00 seconds East, 5.27 feet; thence North 33 degrees 29 minutes 00 seconds West,42.00 feet;thence North 27 degrees 23 minutes 16 seconds West, 103.59 feet; thence North 33 degrees 29 minutes 00 seconds West, 23.16 feet; thence South 66 degrees 09 minutes 03 seconds West, 1.72 feet along the southwesterly extension of the southerly line of Chicago Street;t hence south 25 degrees 19 minutes 30 seconds East, 128.97 feet to a line 184.00 feet southwesterly of and parallel with the southwesterly line of South Grove Avenue; thence South 33 degrees 29 minutes 00 seconds East, 266.55 feet along said parallel line to the Southwesterly extension of the Southeasterly line of said Lot 20;thence North 56 degrees 29 minutes 29 seconds East, 1.00 feet along said extension of the Point of Beginning. Said vacation contains 0.039 acres more or less. be and the same is hereby vacated. Section 2. Prior to the construction of any buildings or other permanent structures within the right of way vacated by this ordinance the developer of the adjacent property,RSC-ELGIN LLC, shall at its cost relocate and/or protect any public utilities or public service facilities located within right of way vacated by this ordinance as directed by the City of Elgin 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 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. Ed Schock, Mayor Presented: March 23, 2005 Passed: March 23, 2005 Vote: Yeas: 6 Nays: 0 Recorded: March 24, 2005 Published: Attest: J /111( Dolonna Mecum, City Clerk