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S17-05 } Ordinance No. S 17-05 AN ORDINANCE VACATING A PORTION OF A PUBLIC STREET (Water Road-Adjacent to Cell Tower Site) 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 EAST HALF OF SECTION 24, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 24; THENCE NORTH 01 DEGREES 00 MINUTES 28 SECONDS WEST ALONG EAST LINE OF SAID QUARTER, 313.50 FEET; THENCE NORTH 40 DEGREES 31 MINUTES 24 SECONDS EAST, 2844.84 FEET TO THE POINT OF BEGINNING IN WATER ROAD; THENCE NORTH 72 DEGREES 38 MINUTES 04 SECONDS WEST, 289.95 FEET ALONG WATER ROAD;THENCE WESTERLY, 101.29 FEET ALONG A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 840.00 FEET, THE CHORD OF SAID CURVE BEARING NORTH 86 DEGREES 55 MINUTES 58 SECONDS WEST TO THE SOUTH LINE OF WATER ROAD; THENCE SOUTH 72 DEGREES 38 MINUTES 04 SECONDS EAST,377.34 FEET ALONG SAID SOUTH LINE; THENCE NORTH 40 DEGREES 31 MINUTES 24 SECONDS EAST, 27.19 FEET TO THE POINT OF BEGINNING, IN 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. No buildings or other permanent above ground structures shall be constructed within the portion of the right of way vacated by this r' ordinance. Section 3. That 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 4. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. Ed Sc ock, Mayor Presented: June 8, 2005 Passed: June 8, 2005 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: June 9, 2005 Published: Attest: /I1 f: 7 • Dolonna Mecum, City Clerk elk r