S8-05 Ordinance No. S8-05
AN ORDINANCE
VACATING A PORTION OF A PUBLIC STREET
(FOUNTAIN SQUARE WAY)
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 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 in the City of Elgin, Kane County,
Illinois, legally described as follows:
That part of the 18-foot-wide alley now known as "Fountain Square Way" lying
between 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 and Harvey & Amick's
Subdivision of Lots 6 and 7 in Block 21 of James T. Gifford's Plat of Elgin,all in the
East Half of the Southeast Quarter of Section 41,Township 14 North,Range 8 East
of the Third Principal Meridian in the City of Elgin,Kane County,Illinois,described
as follows:
Beginning at the northeasterly corner of Lot A of said Harvey & Amick's
Subdivision; thence on an assumed bearing of South 56 degrees 29 minutes 29
seconds West, 184.00 feet along the northwesterly line of said Lot A to the
northwesterly corner thereof;thence North 33 degrees 29 minutes 00 seconds West,
18.00 feet along the northwesterly extension of the southwesterly line of said Harvey
& Amick's Subdivision to the southwesterly extension of the southeasterly line of
said B.W. Raymond's Subdivision; thence North 56 degrees 29 minutes 29 seconds
East, 184.00 feet along said extension and said southeasterly line to the southeasterly
corner of said B.W.Raymond's Subdivision;thence South 33 degrees 29 minutes 00
seconds East, 18.00 feet along the southwesterly line of South Grove Avenue to the
Point of Beginning. Said vacation contains 0.076 acres, more or less.
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 the right of access for the purpose of continuing or extending
any public utility or public services facilities,including but not limited to the city of Elgin's existing
sanitary sewer, storm sewer, and water line, and to maintain, renew, extend or construct or
reconstruct any such public utility or public service facilities. Prior to the construction of any
buildings or other permanent structures upon said right of way vacated by this ordinance, the
developer or the adjacent property,RSC-ELGIN LLC,shall at its cost relocate and/or protect public
utilities or public service facilities located in the right of way vacated by this ordinance as directed by
the City 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:
Dolonna Mecum, City Clerk
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