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Ordinance 2003-21 200300034690 * Filed for Record in KENDALL COUNTY, ILLINOIS PAUL ANDERSON STATE OF ILLINOIS ) 09-24-2003 At 10:48 AM. ORDINANCE 19.0101 COUNTY OF KENDALL ) RE-RECORDING OF ORDINANCE NO. 2003-21 ORDINANCE VACATING A PORTION OF THE McHUGH ROAD RIGHT-OF-WAY SOUTH OF ROUTE 34 IN THE UNITED CITY OF YORKVILLE Prepared by and return to: Law Offices of Daniel J. Kramer 1107A South Bridge Street Yorkville, IL. 60560 630.553.9500 February 10, 2003 200300014062.. 1--i 1 ed for Record in STATE OF ILLINOIS ) KENDALL COUNTY, ILLINOIS )SS. �;.tf.__-„-`•. W COUNTY OF KENDALL ) :��,' wt, / 18. CEO. 200300034690 Filed for Record in KENDALL COUNTY, ILLINOIS PAUL ANDERSON 09-24-2003 At 10:48 AM. ORDINANCE 19.00 ORDINANCE NO. 2003-ao OIWINANCE VACATING A PORTION OF THE McHUGH ROAD RIGHT-OF-WAY SOUTH OF ROUTE 34 IN THE UNITED CITY OF YORKVILLE WHEREAS, the UNITED CITY OF YORKVILLE received a Petition to Vacate a portion of the McHugh Road right-of-way, a publicly dedicated right-of-way,just south of Route 34 within the UNITED CITY OF YORKVILLE; and WHEREAS, the UNITED CITY OF YORKVILLE, through its Mayor and City Council have held a Public Hearing pursuant to 65 ILCS 5/11-91-1 permitting all public input and comment in regard to said Petition to Vacate that portion of said right-of-way in the UNITED CITY OF YORKVILLE; and WHEREAS, it is the intent of the UNITED CITY OF YORKVILLE to vacate the portion of the McHugh Road right-of-way just south of Route 34 described in the attached Exhibit"A", being a publicly dedicated right-of-way within the UNITED CITY OF YORKVILLE to Richard Marker Associates, who is the adjoining owner on each side of said right-of-way; and 1 1 PLAT ACT AFFIDAVIT (FILE WITH THE RECORDER OF DEEDS OF KENDALL COUNTY) STATE OF ILLINOIS ) DOCUMENT )ss. COUNTY OF KENDALL ) DANIEL J KRAMER ,being duly swom on oath,states that he resides 1107A S Bridge Street Yorkville,IL 60560 That the attached deed represents: 1. The subject property is unsubdivided property. 2. A distinct separate parcel qualifying for a Kendall County building permit prior to August 10, 1971. 3. The division of subdivision of the land is into parcels or tracts of fire acres or more in size which_does not involve any new streets or easements of access. 4. The division is of lots or blocks of less than one acre in any recorded subdivision which does not involve any new streets or easements of access. 5. The sale of exchange of parcels of land is between owners of adjoining and contiguous land. ' 6. The conveyance is of parcels of land or interests therein for use as right of way for railroads or other public utility facilities,which does not involve any new streets or easement of access. 7. The conveyance is of land owned by a railroad or other public utility which does not involve any new streets or easements of access. 8. The conveyance is of land for highway or other public purposes or grants of conveyances relating to the dedication of land for public use or instruments relating to the vacation of land impressed with a public use. 9. 4e co a ance is made to correct descriptions in prior conveyances Section 27 changed to Section in.11he one of legal description. . 10. The sale or exchange is of parcels or tracts of land following the division into no more than two parts of a particular parcel or tract of land existing on July 17, 1959,and not involving any new streets or easements_of access. 11. Thes.ale is of a single lot of less.than five acres from a larger tract,evidenced by a survey made by a Tegistered surveyo which single lot is the first sale from said larger tract as determined by the dimensions and configurations thereof on October 1, 1973,and which sale does not violate any local requirements applicable to the subdivision of land. CIRCLE NUMBER ABOVE WHICH IS APPLICABLE TO ATTACHED DEED. Affiant Eirther states that he makes this affidavit for the purpose of inducing Recorder of Deeds of Ken all County, Illinois,to accept the attached deed for recording. DANIEL J.KRAMER, ttomey at Law SUBSCRIBED AND SWORN to before me " O F F I C I A L SN A ROBIN E. GUZMAN this day of �ic�-1� ? NOTARY PUBLIC,1TATE OF ILLIN01$ MY COMMISSION UNRES 9/t ZR��R T ., p . Exhibit"A" LEGAL DESCRIPTION THAT PART OF THE EAST HALF OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE WESTERLY MOST CORNER OF LOT 71 IN HEARTLAND IN YORKVILLE UNIT 1 ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 18, 2001 AS DOCUMENT 2001-00002570; THENCE NORTH 40 DEGREES 10 MINUTES 02 SECONDS WEST ALONG THE SOUTHWESTERLY LINE OF LANDS DESCRIBED BY DEED DOCUMENT 79-1461, A DISTANCE OF 477.28 FEET TO A POINT ON THE SOUTHERLY LINE OF MCHUGH ROAD AS OCCUPIED AND THE POINT OF BEGINNING; THENCE CONTINUING NORTH 40 DEGREES ;0 MINUTES 02 SECONDS WEST, A DISTANCE OF 15.65 FEET TO A POINT ON A CURVE; THENCE SOUTHERLY ALONG A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 1500.00 FEET, SUBTENDING A CHORD BEARING SOUTH 65 DEGREES 34 MINUTES 31 SECONDS WEST, AN ACR DISTANCE OF 158.29 FEET TO A POINT ON THE NORTHERLY LINE OF MCHUGH ROAD AS OCCUPIED; THENCE SOUTH 49 DEGREES 17 MINUTES 42 SECONDS WEST ALONG SAID NORTHERLY LINE, A DISTANCE OF 310.04 FEET TO A POINT ON THE EASTERLY LINE OF MCHUGH ROAD AS DEDICATED BY PLAT OF SAID HERATLAND IN YORKVILLE UNIT 1; THENCE SOUTHERLY ALONG SAID EASTERLY LINE BEING A NO-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 385.00 FEET, SUBTENDING A CHORD BEARING SOUTH 09 DEGREES 32 MINUTES 03 SECONDS WEST, AN ARC DISTANCE OF 14.54 FEET; THENCE SOUTH 26 DEGREES 39 MINUTES 44 SECONDS WEST ALONG SAID EASTERLY LINE, A DISTANCE OF 106.42 FEET; THENCE SOUTHERLY ALONG SAID EASTERLY LINE BEING A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 370.00 FEET, SUBTENDING A CHORD BEARING SOUTH 29 DEGREES 50 MINUTES 40 SECONDS WEST, AN ARC DISTANCE OF 4 1.10 FEET TO A POINT ON THE SOUTHERLY LINE OF MCHUGH ROAD AS OCCUPIED; THENCE NORTH 46 DEGREES 22 MINUTES 39 SECONDS EAST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 77.21 FEET; THENCE NORTH 49 DEGREES 17 MINUTES 42 SECONDS EAST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 532.79 FEET TO THE POINT OF BEGINNING, IN KENDALLY COUNTY, ILLINOIS. , riled for Record in February 10, 2003 KENDHI-L CtiUNTY ILLINOIS STATE OF ILLINOIS ) -`� Ht "j :22 Pm• r s Nuc. i a.00 )ss. COUNTY OF KENDALL ) ORDINANCE NO. 2003-a� OADINANCE VACATING A PORTION OF THE McHUGH ROAD RIGHT-OF-WAY SOUTH OF ROUTE 34 IN THE UNITED CITY OF YORKVILLE WHEREAS, the UNITED CITY OF YORKVILLE received a Petition to Vacate a portion of the McHugh Road right-of-way, a publicly dedicated right-of-way,just south of Route 34 within the UNITED CITY OF YORKVILLE; and WHEREAS, the UNITED CITY OF YORKVILLE, through its Mayor and City Council have held a Public Hearing pursuant to 65 ILCS 5/11-91-1 permitting all public input and comment in regard to said Petition to Vacate that portion of said right-of-way in the UNITED CITY OF YORKVILLE; and WHEREAS, it is the intent of the UNITED CITY OF YORKVILLE to vacate the portion of the McHugh Road right-of-way just south of Route 34 described in the attached Exhibit"A", being a publicly dedicated right-of-way within the UNITED CITY OF YORKVILLE to Richard Marker Associates, who is the adjoining owner on each side of said right-of-way; and 1 WHEREAS, the City finds that said property does not have substantial value that would result in compensation to the City if said right-of-way were to be sold; and WHEREAS, the City Council of the UNITED CITY OF YORKVILLE has determined it to be in the public interest to vacate said right-of-way to relieve the City of any burden of installation and maintenance of said right-of-way, and further, Petitioners, at no cost to the City, provided a dedication of right-of-way for the relocation of McHugh Road: NOW THEREFORE BE IT ORDAINED BY THE UNITED CITY OF YORKVILLE by a positive vote of at least three/fourths of its elected members of the City Council hereby agree to vacate that portion of the McHugh Road right-of-way south of Route 34 as described in the attached Exhibit"A"to Richard Marker Associates. The City Council of the UNITED CITY OF YORKVILLE further finds that said right-of- way vacation is in the Public interest based upon the findings herein above made, and that no damage, monetary or otherwise shall exist to the residents of the UNITED CITY OF YORKVILLE by reason of vacation of said right-of-way. MIKE ANDERSON LA JOSEPH BESCO VALERIE BURR 4 PAUL JAMES LARRY KOT MARTY MUNNS ROSE SPEARS RICHARD STICKA 2 APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this X 5jkday of / "`o"�A , A.D. 20 03 MAYOR PASSED by the City C uncil of the United City of Yorkville, Kendall County, Illinois this Q 4ay of , A.D. 20_p,3 . Attest: CITY19LERK Prepared by and Return to: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 (630) 553-9500 3 Exhibit"A" LEGAL DESCRIPTION THAT PART OF THE EAST HALF OF SECTION 26, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE WESTERLY MOST CORNER OF LOT 71 IN HEARTLAND IN YORKVILLE UNIT I ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 18, 2001 AS DOCUMENT 2001-00002570; THENCE NORTH 40 DEGREES 10 MINUTES 02 SECONDS WEST ALONG THE SOUTHWESTERLY LINE OF LANDS DESCRIBED BY DEED DOCUMENT 79-1461, A DISTANCE OF 477.28 FEET TO A POINT ON THE SOUTHERLY LINE OF MCHUGH ROAD AS OCCUPIED AND THE POINT OF BEGINNING; THENCE CONTINUING NORTH 40 DEGREES 10 MINUTES 02 SECONDS WEST, A DISTANCE OF 15.65 FEET TO A POINT ON A CURVE; THENCE SOUTHERLY ALONG A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 1500.00 FEET, SUBTENDING A CHORD BEARING SOUTH 65 DEGREES 34 MINUTES 31 SECONDS WEST, AN ACR DISTANCE OF 158.29 FEET TO A POINT ON THE NORTHERLY LINE OF MCHUGH ROAD AS OCCUPIED; THENCE SOUTH 49 DEGREES 17 MINUTES 42 SECONDS WEST ALONG SAID NORTHERLY LINE, A DISTANCE OF 310.04 FEET TO A POINT ON THE EASTERLY LINE OF MCHUGH ROAD AS DEDICATED BY PLAT OF SAID HEARTLAND IN YORKVILLE UNIT l; THENCE SOUTHERLY ALONG SAID EASTERLY LINE BEING A NO-TANGENT CURVE TO THE RIGHT HAVING'A RADIUS OF 385.00 FEET, SUBTENDING A CHORD BEARING SOUTH 09 DEGREES 32 MINUTES 03 SECONDS WEST, AN ARC DISTANCE OF 14.54 FEET; THENCE SOUTH 26 DEGREES 39 MINUTES 44 SECONDS WEST ALONG SAID EASTERLY LINE, A DISTANCE OF 106.42 FEET; THENCE SOUTHERLY ALONG SAID EASTERLY LINE BEING A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 370.00 FEET, SUBTENDING A CHORD BEARING SOUTH 29 DEGREES 50 MINUTES 40 SECONDS WEST, AN ARC DISTANCE OF 4 1.10 FEET TO A POINT ON THE SOUTHERLY LINE OF MCHUGH ROAD AS OCCUPIED; THENCE NORTH 46 DEGREES 22 MINUTES 39 SECONDS EAST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 77.21 FEET; THENCE NORTH 49 DEGREES 17 MINUTES 42 SECONDS EAST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 532.79 FEET TO THE POINT OF BEGINNING, IN KENDALLY COUNTY, ILLINOIS.