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Home My WebLink AboutG58-18 Ordinance No. G58-18 AN ORDINANCE VACATING PORTIONS OF PUBLIC STREETS AND PARK PROPERTY (Portions of Hastings Street, Kramer Street, Willard Avenue and Adjoining Park Property) 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 the Plat of Vacation attached hereto as Exhibit A; and WHEREAS, the public interest will be served by vacating a portion of the public streets and park property in the City of Elgin, Kane County, Illinois, as shown in the Plat of Vacation attached hereto as Exhibit B; 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 known as Hastings Street in the City of Elgin, Kane County, Illinois, depicted on Exhibit A, attached hereto, and legally described as follows: THAT PART OF HASTINGS STREET IN PLAYGROUND PARK ADDITION TO ELGIN, BEING A SUBDIVISION IN THE WEST HALF OF SECTION NINETEEN, TOWNSHIP FORTY-ONE NORTH, RANGE NINE, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED ON MAY 10, 1929 AS DOCUMENT NUMBER 10367527, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT SIXTY-SEVEN IN SAID SUBDIVISION; THENCE NORTH 89 DEGREES 05 MINUTES 01 SECONDS EAST, ON THE NORTH LINE OF SAID HASTING'S STREET, 153.41 FEET; THENCE SOUTH 32 DEGREES 11 MINUTES 49 SECONDS WEST, 78.80 FEET ON THE LINE BETWEEN SAID PLAYGROUND PARK ADDITION TO ELGIN SUBDIVISION AND ELGIN HEIGHTS ADDITION TO ELGIN,A SUBDIVISION IN SECTION NINETEEN, TOWNSHIP FORTY-ONE NORTH, RANGE NINE, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED ON SEPTEMBER 17, 1891 AS DOCUMENT NUMBER 1537442 TO THE SOUTH LINE OF HASTINGS STREET; THENCE SOUTH 88 DEGREES 55 MINUTES 47 SECONDS WEST, ON THE SOUTH LINE OF SAID HASTINGS STREET, 111.11 FEET; THENCE NORTH 00 DEGREES 16 MINUTES 18 SECONDS WEST,66.31 FEET TO THE POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS; be and the same is hereby vacated. Section 2. That a portion of the public streets known as Kramer Street and Willard Avenue, and the adjoining park property commonly known as Kirk-Kramer Park, in the City of Elgin, Kane County, Illinois, depicted on Exhibit B, attached hereto, and legally described as follows: THAT PART OF ELGIN HEIGHTS ADDITION TO ELGIN, ILLINOIS, BEING A SUBDIVISION OF PART OF SECTION 19,TOWNSHIP 41 NORTH,RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT NO. 1537442, IN COOK COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID ELGIN HEIGHTS ADDITION; THENCE SOUTH 28 DEGREES 30 MINUTES EAST ALONG THE SOUTHWESTERLY LINE THEREOF; SAID LINE ALSO BEING THE SOUTHWESTERLY RIGHT OF WAY LINE OF WILLARD AVENUE, A DISTANCE OF 231.20 FEET TO AN ANGLE POINT; THENCE SOUTH 36 DEGREES WEST A DISTANCE OF 41.17 FEET TO THE NORTHERLY LINE OF OUT LOT 1 OF SAID ELGIN HEIGHTS ADDITION; THENCE EASTERLY ALONG SAID NORTHERLY LINE A DISTANCE OF 81.66 FEET TO THE NORTHWESTERLY RIGHT OF WAY LINE OF KIRK AVENUE; THENCE NORTHEASTERLY ALONG SAID RIGHT OF WAY LINE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF' 216.0 FEET AN ARC DISTANCE OF 306.97 FEET; THENCE NORTH 35 DEGREES 25 MINUTES 47 SECONDS EAST A DISTANCE OF 8.81 FEET TO THE SOUTHWEST CORNER OF THE INTERSECTION OF KRAMER STREET AND KIRK AVENUE; THENCE WESTERLY ALONG THE NORTHERLY RIGHT OF WAY LINE OF KRAMER STREET A DISTANCE OF 332.08 FEET TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, COOK COUNTY, ILLINOIS; be and the same are hereby vacated. Section 3. That the City of Elgin does hereby reserve for itself an easement in, upon or under that portion of Hastings Street vacated by this ordinance as follows: A permanent easement is hereby reserved for and granted to the City of Elgin, an Illinois municipal corporation,and any public utility or other company owning any public utilities or public service facilities within vacated Hastings Street, and their successors and assigns, for the installation, construction, reconstruction, replacement, alteration, enlargement, operation, inspection, repair, maintenance, relocation, renewal and removal of improvements, facilities and appurtenances, including without limitation any and all manholes,hydrants,pipes,connections and catch basins, to serve these and other lands with improvements, including but not limited to force mains, sanitary sewers, storm sewers, storm drainage,water mains, pedestrian walkways, municipal signage and other municipal or public utility purposes designated by said City, in, across, along, over, under and upon vacated Hastings Street (the "City Easement"); together with the right to install required service connections under the surface of each lot to serve improvements thereon; 2 00140 ON- i and together with the right to enter upon the property with such personnel and equipment as may be deemed necessary for all such uses and purposes. No obstruction or structure shall be erected or located, nor shall any trees be planted, over said easement areas, nor shall any other activities be undertaken that unreasonably interfere with the City's intended use thereof, but the same may be used for landscaping, fencing, parking or other purposes if approved in writing by the City of Elgin and if such use does not then or later interfere with the aforementioned purposes. The right is also hereby granted to the City of Elgin to remove any fences,buildings or structures and to cut down, trim or remove any trees, shrubs, bushes, roots or other plantings that interfere with the operation of or access to such facilities in,on, upon, across, under or through said City Easement. The City shall not be responsible for the replacement or repair of any such fences, buildings, structures, trees,turf, gardens, shrubs, landscaping or other improvements removed during the exercise of the herein given rights. Replacement and/or repair of said items shall be the responsibility of the then property owner. Any other public utilities shall be permitted to cross said City Easement at right angles thereto if approved in writing by the City of Elgin and provided that such is done in a manner that does not then or later unreasonably interfere with the City's intended use of the easement areas; however no electrical transformers, switching equipment, junction boxes, or any other such facilities or equipment, shall be erected either above or below ground on said lands due to such crossings. Section 4. That for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the portions of Hastings Street,Kramer Street,Willard Avenue,and Kirk- Kramer Park vacated by this ordinance shall be conveyed in their entirety by the City of Elgin to Hanover Township, an Illinois Township, by way of a quit-claim deed, without any representations, warranties, or guarantees, and subject to, without limitation, private, public, and utility easements,if any; the rights of adjoining property owners, if any; and the City's reservation of an easement in favor of the City and any public utility or other company owning any public utilities or public service facilities within vacated Hastings Street as set forth herein. Such quit- claim deed shall be executed by the Mayor and attested to by the City Clerk and recorded with the Cook County Recorder concurrently with the recording of this ordinance and the plats of vacation attached hereto, and whereupon Hanover Township shall pursuant to 65 ILCS 5/11-91-1 acquire title to the portions of Hastings Street, Kramer Street, Willard Avenue, and Kirk-Kramer Park vacated by this ordinance in their entirety. Section 5. 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 attached plats of the vacated property with the Cook County Recorder's Office. David J. Kapt n, Mf6or 3 Presented: September 26, 2018 Passed: September 26, 2018 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: September 26, 2018 "` i Published: September 28, 2018 — to At est: Kimberly Dewis, Clerk ; A 4 HASTINGS STREET ___ __./ N: l'CIII • ,.,., ttD . .. ... 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