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G32-08 2008K064249 SANDY WEGMAN RECORDER - KANE COUNTY, IL RECORDED: 8/7/2008 Ordinance No. G32-08 AN ORDINANCE VACATING A PORTION OF A PUBLIC ALLEY (Unimproved Alley Lying Between Heine Avenue and McLean Boulevard) WHEREAS,the public interest will be served by vacating a portion of a public right-of-way 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 an unimproved public alley in the City of Elgin,Kane County, Illinois, legally described as follows: A 13 foot Alley that is located South of Lots 9 and 14 in Block 1 of Columbia Park Addition to Elgin,the Easterly boundary of the Alley being the Westerly right-of-way line of McLean Boulevard and the Westerly boundary of the Alley being the Easterly right-of-way line of Heine Avenue, in Elgin, Kane County, Illinois. rbe 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,extending or installing 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 structure shall be construed upon said right-of-way vacated by this ordinance. Section 3. That for and in consideration of the City vacating the portion of the alley as provided herein,Juan Hernandez,as the owner of a parcel of property known as Lot 14 in Block 1 of Columbia Park Addition to Elgin and abutting the westerly portion of the alley vacated herein,and Ronald K. Laehn, as the owner of a parcel of property known as Lot 9 in Block 1 of Columbia Park Addition to Elgin and abutting the easterly portion of the alley vacated herein, shall each pay to the City the sum of$3,960.00. Upon receipt of such funds,a certified copy of this ordinance, a plat of said vacated right-of-way,and respective quitclaim deeds,shall be filed with the Recorder of Deeds of Kane County, Illinois, and thereupon: (1) Juan Hernandez, as the owner of a parcel of property known as Lot 14 in Block 1 of Columbia Park Addition to Elgin and abutting the westerly portion of the alley vacated herein shall pursuant to 65 ILCS 5/11-91-1 acquire title to the entire portion of the westerly half of the public alley adjacent to said Lot 14 vacated by this ordinance;and(2)Ronald K. Laehn,as the owner of a parcel of property known as Lot 9 in Block 1 of Columbia Park Addition to Elgin and abutting the easterly portion of the alley vacated herein shall pursuant to 65 ILCS 5/11-91- 1 acquire title to the entire portion of the easterly half of the public alley adjacent to said Lot 9 vacated by this ordinance. Section 4. That this ordinance shall be in full force and effect from and after its passage and recording in the manner provided by law. Ed Schock, Mayor Presented: June 11, 2008 Passed: June 11, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: June 12, 2008 Published: Attest: Diane Robertson, City Clerk r r