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S3-03 Recorded FILEO FOR RECORD KANE COUNTY, ELL. Z003KO55294 ZT03 APR -3 AM If: 15. State of Illinois ) County of Kane) ss RECORDER City of Elgin ) CERTIFICATE OF CITY CLERK r, I, Dolonna Mecum, DO HEREBY CERTIFY that I am the duly qualified City Clerk of the City of Elgin, in the Counties of Kane and Cook in the State of Illinois, and that as such City Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal thereof. I DO FURTHER CERTIFY that the attached is a full, true, and correct copy of: ORDINANCE NO. S3-03 AN ORDINANCE VACATING A PORTION OF A PUBLIC STREET (Tollgate Road) passed by the Elgin City Council at its legally convened meeting held on February 12, 2003. In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the City of Elgin at the said City in the County and State aforesaid this March 7, 2003. City Clerk (SEAL) This instrument prepared by: Return to: William A. Cogley Dolonna Mecum Corporation Counsel Elgin City Clerk City of Elgin 150 Dexter Court 150 Dexter Court Elgin, IL 60120 Elgin, IL 60120 pOOR OR NAL necorier Not Resp For P°prOducE ons I Ordinance No . 53-03 AN ORDINANCE VACATING A PORTION OF A PUBLIC STREET (Tollgate Road) 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 Tollgate Road as monumented and shown as Illinois State Toll Highway Association Parcel N-4D- 62 . 1 per "North Elgin Industrial Plaza" being a subdivision of part of the Southeast Quarter of Section 33 and part of the Southwest Quarter of Section 34, all in Township 42 North, Range 8 East of the Third Principal Meridian, according to the plat thereof recorded September 17, 1973 as Document 1278513 in Plat Book 66 Pages 4 & 5, further described as follows : Beginning at the iron rod on the North line of said Tollgate Road at the West line of the Southeast Quarter of said Section 33 ; thence South 74 degrees 48 minutes 45 seconds East for 233 . 56 feet along the said North line of Tollgate Road as monumented; thence South 15 degrees 11 minutes 15 seconds West for 35 . 00 feet perpendicular to said North line of Tollgate Road; thence North 66 degrees 17 minutes 24 seconds West for 236 . 17 feet to the place of beginning, in the City of Elgin, Kane County, Illinois . be and the same is hereby vacated. Section 2 . That the City of Elgin does hereby reserve for and to itself and for and to any public utility company owning any public utility or public service 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 utility or public service facilities and to maintain, renew, extend or construct or reconstruct any such public utility or public service facilities . Section 3 . That for and in consideration of the city vacating a portion of Tollgate Road as provided herein Tollgate L.L.C . , as i the owner of a parcel abutting the portion of Tollgate Road to be vacated by this ordinance shall pay to the city the sum of $7, 847 . 04 plus the required ordinance fee of $670 . Section 4 . That this ordinance shall not become effective until receipt by the city of the monies referenced in the preceding Section 3 of this ordinance and thereafter 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 Tollgate, L. L.C. , as the owner of a parcel of property abutting such portion of Tollgate Road vacated by this ordinance shall acquire title to the entire area of Tollgate Road vacated by this ordinance . Section 5 . That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: February 12 , 2003 Passed: February 12 , 2003 Omnibus Vote : Yeas : 6 Nays : 0 Recorded: February 13 , 2003 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk 2003KO55294