G58-18 Ordinance No. G58-18
AN ORDINANCE
VACATING PORTIONS OF PUBLIC STREETS AND PARK PROPERTY
(Portions of Hastings Street, Kramer Street, Willard Avenue and Adjoining Park Property)
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 the Plat of Vacation attached hereto as Exhibit
A; and
WHEREAS, the public interest will be served by vacating a portion of the public streets
and park property in the City of Elgin, Kane County, Illinois, as shown in the Plat of Vacation
attached hereto as Exhibit B; 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 known as Hastings Street in the City of Elgin,
Kane County, Illinois, depicted on Exhibit A, attached hereto, and legally described as follows:
THAT PART OF HASTINGS STREET IN PLAYGROUND PARK ADDITION
TO ELGIN, BEING A SUBDIVISION IN THE WEST HALF OF SECTION
NINETEEN, TOWNSHIP FORTY-ONE NORTH, RANGE NINE, EAST OF
THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF RECORDED ON MAY 10, 1929 AS DOCUMENT NUMBER
10367527, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST
CORNER OF LOT SIXTY-SEVEN IN SAID SUBDIVISION; THENCE NORTH
89 DEGREES 05 MINUTES 01 SECONDS EAST, ON THE NORTH LINE OF
SAID HASTING'S STREET, 153.41 FEET; THENCE SOUTH 32 DEGREES 11
MINUTES 49 SECONDS WEST, 78.80 FEET ON THE LINE BETWEEN SAID
PLAYGROUND PARK ADDITION TO ELGIN SUBDIVISION AND ELGIN
HEIGHTS ADDITION TO ELGIN,A SUBDIVISION IN SECTION NINETEEN,
TOWNSHIP FORTY-ONE NORTH, RANGE NINE, EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED ON SEPTEMBER 17, 1891 AS DOCUMENT NUMBER 1537442
TO THE SOUTH LINE OF HASTINGS STREET; THENCE SOUTH 88
DEGREES 55 MINUTES 47 SECONDS WEST, ON THE SOUTH LINE OF
SAID HASTINGS STREET, 111.11 FEET; THENCE NORTH 00 DEGREES 16
MINUTES 18 SECONDS WEST,66.31 FEET TO THE POINT OF BEGINNING,
ALL IN COOK COUNTY, ILLINOIS;
be and the same is hereby vacated.
Section 2. That a portion of the public streets known as Kramer Street and Willard
Avenue, and the adjoining park property commonly known as Kirk-Kramer Park, in the City of
Elgin, Kane County, Illinois, depicted on Exhibit B, attached hereto, and legally described as
follows:
THAT PART OF ELGIN HEIGHTS ADDITION TO ELGIN, ILLINOIS, BEING
A SUBDIVISION OF PART OF SECTION 19,TOWNSHIP 41 NORTH,RANGE
9 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE
PLAT THEREOF RECORDED AS DOCUMENT NO. 1537442, IN COOK
COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: BEGINNING AT THE
NORTHWEST CORNER OF SAID ELGIN HEIGHTS ADDITION; THENCE
SOUTH 28 DEGREES 30 MINUTES EAST ALONG THE SOUTHWESTERLY
LINE THEREOF; SAID LINE ALSO BEING THE SOUTHWESTERLY RIGHT
OF WAY LINE OF WILLARD AVENUE, A DISTANCE OF 231.20 FEET TO
AN ANGLE POINT; THENCE SOUTH 36 DEGREES WEST A DISTANCE OF
41.17 FEET TO THE NORTHERLY LINE OF OUT LOT 1 OF SAID ELGIN
HEIGHTS ADDITION; THENCE EASTERLY ALONG SAID NORTHERLY
LINE A DISTANCE OF 81.66 FEET TO THE NORTHWESTERLY RIGHT OF
WAY LINE OF KIRK AVENUE; THENCE NORTHEASTERLY ALONG SAID
RIGHT OF WAY LINE ALONG A CURVE TO THE RIGHT, HAVING A
RADIUS OF' 216.0 FEET AN ARC DISTANCE OF 306.97 FEET; THENCE
NORTH 35 DEGREES 25 MINUTES 47 SECONDS EAST A DISTANCE OF
8.81 FEET TO THE SOUTHWEST CORNER OF THE INTERSECTION OF
KRAMER STREET AND KIRK AVENUE; THENCE WESTERLY ALONG
THE NORTHERLY RIGHT OF WAY LINE OF KRAMER STREET A
DISTANCE OF 332.08 FEET TO THE POINT OF BEGINNING, IN THE CITY
OF ELGIN, COOK COUNTY, ILLINOIS;
be and the same are hereby vacated.
Section 3. That the City of Elgin does hereby reserve for itself an easement in, upon or
under that portion of Hastings Street vacated by this ordinance as follows:
A permanent easement is hereby reserved for and granted to the City of Elgin, an
Illinois municipal corporation,and any public utility or other company owning any
public utilities or public service facilities within vacated Hastings Street, and their
successors and assigns, for the installation, construction, reconstruction,
replacement, alteration, enlargement, operation, inspection, repair, maintenance,
relocation, renewal and removal of improvements, facilities and appurtenances,
including without limitation any and all manholes,hydrants,pipes,connections and
catch basins, to serve these and other lands with improvements, including but not
limited to force mains, sanitary sewers, storm sewers, storm drainage,water mains,
pedestrian walkways, municipal signage and other municipal or public utility
purposes designated by said City, in, across, along, over, under and upon vacated
Hastings Street (the "City Easement"); together with the right to install required
service connections under the surface of each lot to serve improvements thereon;
2
00140 ON- i
and together with the right to enter upon the property with such personnel and
equipment as may be deemed necessary for all such uses and purposes.
No obstruction or structure shall be erected or located, nor shall any trees be
planted, over said easement areas, nor shall any other activities be undertaken that
unreasonably interfere with the City's intended use thereof, but the same may be
used for landscaping, fencing, parking or other purposes if approved in writing by
the City of Elgin and if such use does not then or later interfere with the
aforementioned purposes.
The right is also hereby granted to the City of Elgin to remove any fences,buildings
or structures and to cut down, trim or remove any trees, shrubs, bushes, roots or
other plantings that interfere with the operation of or access to such facilities in,on,
upon, across, under or through said City Easement. The City shall not be
responsible for the replacement or repair of any such fences, buildings, structures,
trees,turf, gardens, shrubs, landscaping or other improvements removed during the
exercise of the herein given rights. Replacement and/or repair of said items shall
be the responsibility of the then property owner.
Any other public utilities shall be permitted to cross said City Easement at right
angles thereto if approved in writing by the City of Elgin and provided that such is
done in a manner that does not then or later unreasonably interfere with the City's
intended use of the easement areas; however no electrical transformers, switching
equipment, junction boxes, or any other such facilities or equipment, shall be
erected either above or below ground on said lands due to such crossings.
Section 4. That for good and valuable consideration,the receipt and sufficiency of which
is hereby acknowledged,the portions of Hastings Street,Kramer Street,Willard Avenue,and Kirk-
Kramer Park vacated by this ordinance shall be conveyed in their entirety by the City of Elgin to
Hanover Township, an Illinois Township, by way of a quit-claim deed, without any
representations, warranties, or guarantees, and subject to, without limitation, private, public, and
utility easements,if any; the rights of adjoining property owners, if any; and the City's reservation
of an easement in favor of the City and any public utility or other company owning any public
utilities or public service facilities within vacated Hastings Street as set forth herein. Such quit-
claim deed shall be executed by the Mayor and attested to by the City Clerk and recorded with the
Cook County Recorder concurrently with the recording of this ordinance and the plats of vacation
attached hereto, and whereupon Hanover Township shall pursuant to 65 ILCS 5/11-91-1 acquire
title to the portions of Hastings Street, Kramer Street, Willard Avenue, and Kirk-Kramer Park
vacated by this ordinance in their entirety.
Section 5. 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 attached plats of the vacated
property with the Cook County Recorder's Office.
David J. Kapt n, Mf6or
3
Presented: September 26, 2018
Passed: September 26, 2018
Omnibus Vote: Yeas: 8 Nays: 0
Recorded: September 26, 2018 "` i
Published: September 28, 2018
— to
At est:
Kimberly Dewis, Clerk ; A
4
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EXHIBIT A
PLAT OF VACATION
PART OF ELGIN HEIGHTS ADDmON.TOELGm, COOK COUNTY, ILLINOIS
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EXHIBIT B