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S12-98 e" Ordinance No. S12-98 AN ORDINANCE VACATING A PORTION OF A PUBLIC STREET (Oakley 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 portion of Oakley Avenue lying East of the West line extended South of Block 10 in Wing Park Manor Addition to Elgin, being a subdivision of part of Sections 10 and 15, Township 41 North, Range 8 East of the Third Principal Meridian, and West of the East line extended South of said Block 10, situated in the City of Elgin, Kane County, Illinois and containing 1 . 37 acres more or less be and the same is hereby vacated. Section 2 . That the City of Elgin does hereby reserve to itself and to any public utility company owning any public service for facilities in, upon or under said right of way vacated by this ordinance full right of access for the purpose of continuing or extending any public service facilities and to maintain, renew, extend or construct or reconstruct any such public service facilities, including but not limited to a permanent, non-exclusive easement for the continued existence, maintenance, repair and replacement of the existing lime sludge transmission main over the crosshatched area shown in Exhibit A attached hereto and legally described as follows : Beginning at the Northeast corner of Block 8 in Highland Avenue Addition to Elgin, Illinois, being a subdivision of part of the Northeast Quarter of Section 15, Township 41 North, Range 8 East of the Third Principal Meridian; thence westerly along the northeasterly line of said Block 8 and Block 7 and westerly extension of said northeasterly line a distance of 660 . 10 feet to the Northeast corner of Block 6 in said subdivision; thence northerly along the easterly line extended northerly of said Block 6 a distance of 67 . 32 feet to the northeasterly line of said Oakley Avenue; thence easterly along said „. northeasterly line, a distance of 660 . 11 feet to the Southeast corner of aforesaid Block 10; thence southerly along the easterly line extended southerly of said Block 10, a distance of 67 . 32 feet to the point of beginning. Situated in the City of Elgin, Kane County, Illinois and containing 43,556 . 90 square feet more or less and any replacements thereof . No permanent structures shall be constructed on any such easement areas . Section 3 . That for and in consideration of the city vacating a portion of Oakley Avenue as provided herein School District U-46 shall pay to the city the sum of $4, 689 . 95 plus the required ordinance fee of $670 . 00 . Section 4 . That upon receipt by the city of the monies referenced in the preceding Section 3 of this ordinance a certified copy of this ordinance together with a plat of said vacated right of way be filed with the Recorder of Deeds of Kane County, Illinois . Section 5 . That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. Kevin Kelly, May.” Presented: August 12, 1998 Passed: August 12, 1998 Omnibus Vote: Yeas 5 Nays 0 Recorded: August 13, 1998 Published: Attest: odd Dolonna Mecum, ity Clerk