S8-09 Ordinance No. S8-09
AN ORDINANCE
VACATING CERTAIN PUBLIC STREETS
(Dawson Drive, River Walk Court and Festival Court)
WHEREAS, the final plat of subdivision for the River Park Place Development(the"Plat")
was recorded June 4, 2004, as Document Number 2004K072591; and
WHEREAS, the Plat erroneously identified Dawson Drive, River Walk Court and Festival
Court as "hereby dedicated" thereby dedicating such streets as public streets; and
WHEREAS, the designation of Dawson Drive, River Walk Court and Festival Court as
public streets within the River Park Place townhome development was in error in that it was not
intended that such internal roadways would be owned and maintained by the City, but rather the
Declaration of Covenants,Conditions and Restrictions for the River Park Place Townhome Property
Owners Association identifies such roadways as being Community Area to be maintained by the
property owners association; and
WHEREAS,605 ILCS 5/9-127(b)provides in relevant part that when any highway authority
determines to vacate a highway under its jurisdiction, or part thereof, established within a
subdivision by a statutory plat, that authority may vacate such highway and convey the highway
authority's interest in such highway to any bona fide organization of property owners of the
subdivision which (1) is so organized to be able to receive, hold and convey real property, (2) has
petitioned the highway authority for the vacation of the highway, and(3)undertakes to develop the
property for the use and benefit of the public; and
WHEREAS, the River Park Place Townhome Property Owners Association is an
organization of property owners of the River Park Place subdivision, is a qualified bona fide
organization of property owners as contemplated in 605 ILCS 5/9-127(b),and has petitioned the City
of Elgin pursuant to 605 ILCS 5/9-127(b)to vacate Dawson Drive, River Walk Court and Festival
Court and to convey such vacated streets to the River Park Place Townhome Property Owners
Association to allow such association to develop such property for the use and benefit of the public;
and
WHEREAS,the public interests will be served by vacating Dawson Drive,River Walk Court
and Festival Court within the River Park Place subdivision and said property is not necessary as
dedicated public streets to serve the public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That all of Dawson Drive, River Walk Court and Festival Court as platted in
River Park Place, being a subdivision of part of the southwest quarter of Section 13, Township 41
North Range 8 East of the Third Principal Meridian recorded June 4, 2004, as Document Number
2004K072591,in Elgin, Kane County, Illinois,be and are hereby vacated. The plat of vacation for
the vacation of Dawson Drive, River Walk Court and Festival Court is attached hereto and made a
part hereof as Exhibit A.
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 services in, upon or under the rights-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
structures shall be construed upon the rights-of-way vacated by this ordinance.
Section 3. That Dawson Drive, River Walk Court and Festival Court vacated by this
ordinance shall be conveyed by the City of Elgin to the River Park Place Townhome Property
Owners Association,a not-for-profit Illinois corporation,pursuant to quit-claim deed to be executed
by the Mayor and attested to by the City Clerk and recorded with the Kane County Recorder
concurrently with the recording of this ordinance and the plat of vacation attached hereto and
whereupon the River Park Place Townhome Property Owners Association shall acquire title to
Dawson Drive,River Walk Court and Festival Court vacated by this ordinance pursuant to 605 ILCS
5/9-127(b).
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.
E Schoc , Mayor
Presented: October 28, 2009
Passed: October 28, 2009 OF FCC'
Vote: Yeas: 7 Nays: 0 r' "", "
Recorded: October 29, 2009 "n;,_ = o
Published: • ''
Attest: '''
Diane Robertson, City rk
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