Ordinance 2006-124 2 00700014709
Filed for Record in
KENDALL COUNTY, ILLINOIS
STATE OF ILLINOIS ) PAUL ANDERSON
05 - 07 -2007 At 10:22 am.
)ss ORDINANCE 43.00
COUNTY OF KENDALL ) RHSP Surcharge 10.00
ORDINANCE NO. 2006-
AN ORDINANCE VACATING
A PORTION OF SLEEPY HOLLOW ROAD
LOCATED SOUTH OF ROUTE 71
IN THE UNITED CITY OF YORKVILLE
AND PROVIDING FOR A REPLACEMENT STREET
WHEREAS, the United City of Yorkville has received a request to Vacate a portion
of Sleepy Hollow Road, a prescriptive road located south of Route 71 within the United
City of Yorkville; and
WHEREAS, it is the intention of the United City of Yorkville to vacate said road as
described in the Petition and as described in the attached Exhibit "A" which is the legal
description for the proposed vacated road as well as the attached Exhibit "B" which is a
Plat of Vacation representing the area to be vacated; and
WHEREAS, the United City of Yorkville intends to vacate said road, described in
Exhibit "A" and depicted upon Exhibit `B" to North Star Trust Company u/t dated
August 8, 2006, No. 06 -9993, being the only adjoining land owner on each side of the
road; and
WHEREAS, said vacation shall be effective immediately upon the grant of final
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and non - appealable siting approval for a pollution control facility on the land adjacent to
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Sleepy Hollow Road or upon final plat of any development, whichever occurs first, and
WHEREAS, the City Council of the United City of Yorkville finds that said
property does not have substantial value that would result in monetary compensation to
the City nor does the vacation cause any loss to any landowner requiring compensation to
any adjoining landowner, however, as consideration for the vacation and to provide for
potential future roadway needs, the North Star Trust Company u/t dated August 8, 2006,
No. 06 -9993 agrees to provide, at no cost to the city, a right of way not to exceed 70 feet
in width and construction of a city street to connect Illinois Route 71 to Walker Road at a
suitable and mutually agreeable location that does not interfere with, conflict with, or
include any land for which said pollution control facility siting is granted, at such time
that the City deems it appropriate and necessary after the vacation of Sleepy Hollow
Road becomes effective. Said condition shall be an obligation upon the parcel of land
annexed by Ordinance No. 2006 -115, except the land for which said pollution control
facility siting is sought, and this instrument shall be placed of record as to said land so as
to give notice of this obligation.; and
WHEREAS, the City Council of the United City of Yorkville has determined that
it is in the public interest to vacate said road thereby relieving the City of any burden of
maintenance and repair of the road, and further that the vacating will promote economic
development of the property adjoining the vacated road.
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NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
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United City of Yorkville, Kendall County, Illinois, that the property described on Exhibit
"A" and depicted on Exhibit `B" and commonly known as Sleepy Hollow Road is hereby
vacated to North Star Trust Company u/t dated August 8, 2006, No. 06 -9993, said
vacation shall become be effective immediately upon the grant of final and non-
appealable siting approval for a pollution control facility on the land adjacent to Sleepy
Hollow Road or upon final plat of any development, whichever occurs first.
The City Council further finds that the vacating of said street/road /right of way is in
the public interest based upon the findings of the Council, and that no damage (monetary
or otherwise) shall result to the residents of the UNITED CITY OF YORKVILLE by
reason of vacating said street/road /right of way, however, as consideration for the
vacation and to provide for potential future roadway needs, the North Star Trust
Company u/t dated August 8, 2006, No. 06 -9993 agrees to provide, at no cost to the city,
a right of way not to exceed 70 feet in width and construction of a city street to connect
Illinois Route 71 to Walker Road at a suitable and mutually agreeable location that does
not interfere with, conflict with, or include any land for which said pollution control
facility siting is granted, at such time that the City deems it appropriate and necessary
after the vacation of Sleepy Hollow Road becomes effective. Said condition shall be an
obligation upon the parcel of land annexed by Ordinance No. 2006 -115, except the land
for which said pollution control facility siting is sought, and this instrument shall be
placed of record as to said land so as to give notice of this obligation.
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SECTION 2: The City clerk is hereby directed to record with the Kendall County
Recorder a certified copy of this Ordinance, together with Exhibit `B" the Plat of
Vacation attached to this Ordinance.
SECTION 3: This Ordinance shall be in full force and effect from and after its
passage and approval as provided by law.
JAMES BOCK L) JOSEPH BESCO
J
VALERIE BURD YL, PAUL JAMES
DEAN WOLFER MARTY MUNNS l�
ROSE SPEARS JASON LESLIE .�
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this ;:)y day of �,�. $,� , A.D. 2006. Z.,
2 MAYOR
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this a`-1 day of r Q Q_� , A.D. 2006.
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ATTEST:
U CITY CLERK
Prepared by:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
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EXHIBIT "A"
VACATION OF SLEEPY HOLLOW ROAD
That part of Sections 14 and 23, Township 36 North, Range 6 East of the Third Principal
Meridian described as follows: That part of Sleepy Hollow Road lying south of the south
line of Illinois Route 71 and north of a line which bears south 89 degrees 55 minutes 26
seconds west and the easterly prolongation of said line at a point 1935.49 feet north of the
south quarter corner of said section 23, in Kendall County Illinois
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PLAT OF VACATION
OF SLEEPY HOLLOW ROAD IN SECTIONS 14 AND 23, TOWNSHIP 36 NORTH, RANGE 6 EAST
OF THE THIRD' PRINCIPAL MERIDIAN IN FOX TOWNSHIP, KENDALL COUNTY, ILLINOIS
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