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Ordinance 2001-01 200100001511 Filed for Record in RENDALL COUNT Y'e ILL 1 f'JU 15 PAUL ANDERSUiV STATE OF ILLINOIS ) 01-30-2001 At 09:e4 am. )ss ORDINANCE 18.00 COUNTY OF KENDALL ) ORDINANCE NO. 2001- 1 ORDINANCE VACATING THE ALLEY RUNNING BETWEEN LOTS 4, 5, 6, and LOTS 7 8, and 9 of BLOCK 1 OF WORSELY'S ADDITION TO THE VILLAGE OF BRISTOL IN THE UNITED CITY OF YORKVILLE WHEREAS,THE UNITED CITY OF YORKVILLE received a Petition to Vacate the Alley that exists between lots 4, 5, 6 and lots 7, 8, and 9 of Block 1 of Worsley's Addition to Yorkville, hereinafter referred to as"Alley", from Petitioners, Harold K. Feltz, Trustee, of the Harold K.Feltz Living Trust Agreement No. 1 Dated August 29, 2000 and Eleanora Hagerty Feltz, Trustee, of the Eleanora Hagerty Feltz Living Trust Agreement No. 1 Dated August 29, 2000 (owners of record of Lot 4, Lot 5 (except the eastern 20 feet thereof), Lot 8 (except the eastern 20 feet thereof) &Lot 9 in Block 1 of Worsley's Addition to the United City of Yorkville), and David A. Schillinger and Lisa M. Schillinger.(owners of record of the western 20 feet of Lot 5,Lots 6&7 and the western 20 feet of Lot 7 in Block 1 of Worsley's Addition to the United City of Yorkville). Said Alley runs from Worsley Street west to the Westerly line of Lots 4 and 9 in Block 1 of Worsley's Addition to Yorkville as set out in the attached Exhibit "A"; 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 said Alley in THE UNITED CITY OF YORKVILLE; and Page 1 of 3 WHEREAS, it is the intent of the United City of Yorkville to vacate said alleyway to the Petitioners, who are the adjoining owner on each side of said Alley; and WHEREAS,the City finds that said property does not have substantial value that would result in compensation to the City if said Alley 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 Alley to relieve the City of any burden of maintenance of said Alley, since said Alley only serves a limited number of people, namely the Petitioners herein; and WHEREAS,the City Council of THE UNITED CITY OF YORKVILLE has determined that the Alley was platted as a part of Block 1 of Worsley's Addition to Yorkville but has not been used in many years and no longer physically exists as an alley; 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 the Worsley Alley right of way to the Petitioners herein. The City Council of THE UNITED CITY OF YORKVILLE further finds that said Alley vacation is in the Public interest based upon the findings hereina.bove 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 Alley right of way. PAUL JAMES RICHARD STICKA MIKE ANDER N VALERIE BURR ROSE SPEARS LARRY KOT THOMAS SOWINSKI Page 2 of 3 APPROVED by me, as Mayor of the United City of Yorkville,Kendall County, Illinois, this 1 I day of �� , A.D. 2001. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this �A',-day of , A.D. 2001. Attest: . CITY CLERK Document Prepared by & return to: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 (630) 553-9500 Page 3 of 3 ' MAIN STR�L T I I I I I 30' '- 4 AL L�cY N o N To BE V,4C4TEO N 2/3.48' I I I N I so' I State or Illinois : : SS County of Kendal l `hdC ? nla finis is to �, re � reSC� 7� llOn 0i L( e all ° Hereon dra,,,in i _ a Corr Morse s r o i n S o �e L,'Jeein L�% Ls j `7 n / ° t J l n� (�' Add 1 Eris d i t l o n t� t o 1 G I V i,e ni i -O!.1 n i`� i L 1 i 1 n'c i s EXHIBIT or I-ne Vil iar° of Y0r!<'iil e , ` l ��� ; .'fir ! 5 3 PETITION TO VACATE ALLEY TO: Mayor and City Council United City of Yorkville Yorkville, IL The undersigned, LISA SCHILLINGER, DAVID SCHILLINGER, and HAROLD FELTZ , owners of the real estate abutting upon the alley sought to be vacated, petition the United City of Yorkville to vacate the alley between Lots 4, 5 & 6 , and Lots 7 , 8 & 9 , in Block 1 of Worsley' s Addition to Yorkville. The alley, while appearing on maps, does not phsycially exist. The area platted as the alley cannot be physically used as an alley. The alley runs from Worsley Street west to the westerly line of Lots 4 and 9 in Block 1 of Worsley' s Addition. The undersigned request that the City Council set this request for public hearing and that notice thereof be published not less than fifteen ( 15) days prior to the hearing. The undersigned request that, subsequent to public hearing, the City Council adopt an Ordinance vacating the alley all in accordance with the terms and provisions of Section 5/11-91-1 and Section 5/11-91-2 of the Illinois Municipal Code ( 65 ILCS 5/11-91-1&2 ) . Respectfully submitted, David Schillinger L' sa Sc i linger arold Feltz DWX34 :A: \07HF ' VACATION PLAT MA IN STRE-ET W I � 41 4 I 5 6 p I I I 30, 2/4.05 I Al LEY N o N TO BE VACATED 2/3.48 I I I N G� I �0 I I I / = 50' I State of Illinois - : SS County of Kendall : This is to certify that the plat hereon drawn is a correct renresentation of the alley between Lots 4 , 5 , 6 and 7 , 8 , 9 in Block 1 , Horselv ' s Addition to the Village of Bristol in the United City of the Village of Yorkville , Kendall County , Illinois . Dated at Yorkville , Illinois October 23 , 1981 Illinois Renistered Land Survevor No . 2253 LOTS -113 4, 6-9 8 PART OF LOTS 2, 5 a.:-8, BLOCK / j WORSLEYS ADDITION YORAWLE ILLINOIS MAIN STREET 129 68' 9[as OP' avlAf mnaY Amr d abs Amr.. -y vJ h �� O -OT N /25i84' 3' ALLEY /25.47 0AV 10 8 N g Lis-+ v I .SN/c�14G�( G a -07 _J ' Lor e�� y /?2s , S0 ALLEY o AMAMS iRM SWE 122 � 07, —AVO/CATES LAVE OF AEWE' NOTE.' rH?ENO AWSArAL OVER THESE C L�sw 14ARO, FttL?Z . 8 _a Lor cTJ b � State of Illinois: FOW RIVER WvKK S4"+ SS County of Kendall: This is to certify that we, Donahue, Thornhill and Olson, Illinois Registered Land S��-veyors, have surveyed Lots 3, 4 and 9 and Lots 2, 5 and 8 (except the easterly 20 feet) in Block 1 )rsley's Addition to the Village of Bristol, in the Village of Yorkville, Kendall County, Illinois sown by the plat hereon drawn which is a correct representation of said survey. All distances are S—Wn in feet and decimal parts thereof. Dated at Yorkville, I-llll�i_nois, August 31, 1976 I1 inois Registered Land Surveyor No. 2253 DONAHUE. THORNHILL AND OLSON _ ~ r milli �'� i i i`jy ```•~---_ it __,�+-i--f�-�t-.�_ l �-�- ' N Ati� 1 UVATEW I 1 � f o ~ l P t ��~~~ PARK �- -�-�,�T�� ~�_ i ~ ! `` AW ! 1 � —TLT�'71—r—TL TEI op p6�,;, SPRIN ME 7— h ~_+ f ► + t + r r + i j t f r ++ f r `�- -_.4_1 t J + t + l J WOODDALE DR. i + J J iiij FO >/ � River VAN Ew t W. f r I TT� ,1111. 1 u 2()0100001009 Filed for Record in KENDALL COUNTY, ILL11NuIS PAUL ANDERSUN STATE OF ILLINOIS ) 01-30-2001 At 09:19 am. )ss EASEMENT 16.00 COUNTY OF KENDALL ) GRANT OF PERMANENT PUBLIC UTILITY AND DRAINAGE EASEMENT AND GRANT OF ACCESS EASEMENT (SCHILLLINGER EASEMENTS) KNOW ALL MEN BY THESE PRESENTS: THAT the Grantors, DAVID A. SCHILLINGER and LISA M. SCHILLINGER, Husband and Wife, are the record title owners of the following real property: Lots 6 & 7 and the easterly 20 feet of Lots 5 & 8 in Block 1 of Worsley's Addition to the Village of Bristol in the United City of Yorkville, Kendall County, Illinois. In consideration of the sum of Ten and 00/100 Dollars($10.00)and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant, bargain, sell and convey to the UNITED CITY OF YORKVILLE, an Illinois Municipal Corporation, its successors, and assigns, hereinafter referred to as Grantee, in consideration of the covenants to be kept and performed by the Grantee herein,two permanent easements that shall inure and run with the land which are as follows: (1) Public Utilities and Drainage Easement: AFifteen Foot(15')permanent easement for Public Utilities and Drainage Systems and related appurtenances over the tract ofland designated and more fully described in the Easement Plat, which is attached hereto and referenced herein as Exhibit "A", in order to allow for the construction, maintenance and operation of Public Utilities and Drainage Systems and appurtenances thereto that the UNITED CITY OF YORKVILLE deems necessary. The legal description of said easement is set out in the attached Exhibit "A'. Page 1 of 3 (2) Access Easement: A Twelve Foot (12') permanent access easement for purposes of public ingress and egress as more fully described in the Easement Plat, Exhibit"A". The legal description of said easement is set out in the attached Exhibit "A'. The grant of easement is subject to the following conditions: 1. Grantee shall restore the surface of the permanent easement for Public Utilities and Drainage to the condition existing at the time of entry upon the same. 2. Grantors further agrees to grant to the United City of the Village of Yorkville as Grantee,a temporary construction easement of Fifteen Feet(15')on both sides of the permanent easement for Public Utilities and Drainage being granted herein and as described in the attached Exhibit "A"incorporated herein. Said temporary easement shall be temporary and solely for the purpose of construction of Public Utilities and Drainage Systems in the permanent easement. Grantee shall restore the temporary easement to the condition existing at the time of entry upon the same. 3. The easements contained in this document shall be treated as a covenants running with the land and shall be binding upon the successors, heirs, and assigns of each party hereto. IN WITNESS WHEREOF,the Grantors have hereunto set their hands and seals this day of 2001. a �L jj A. SCHILLINGER d1iJoq1— LI A M. SCHILLINGER Page 2 of 3 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) The Grantors,DAVID A. SCHILLINGER and LISA M. SCHILLINGER, allege and state that they have read the foregoing Grant of Easement that they have knowledge of the facts and contents contained therein, and that the facts as alleged therein are true in subst e a in fact. AVID A. SCHILLIN GER I A M. SC11tLL GER STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) I,the undersigned, a Notary Public in and for said County, in the State aforesaid, CERTIFY ' THAT DAVID A. SCHILLINGER and LISA M. SCHILLINGER, personally known to me to be the same persons whose names aresubscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that they signed, sealed and delivered this instrument as their free and voluntary acts, for the uses and purposes therein set forth Given under my hand and notarial seal this_Z��O''Day o 2001. Notary Public THIS DOCUMENT PREPARED BY: Law Offices of Daniel J. Kramer 1107A S. Bridge Street JenetH.TAPP Yorkville IL 60560 Naten'Y�bhe+State ofV=01s ' Hendan Coutty t 630-553-9500 Fmmy com'MS&GI r. �- AFTER RECORDING RETURN TO: c�'t�sdC � ckcvil�c *k6A alt'imi*1605 "- Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, IL 60560 Page 3 of 3 Easement Plat Part of B lock 1 Worsiey s A ddi lion York vi//e /fen do// County lllin ois N LOs t Moir! Stre e t I, I , I , I , 1 , 1 , 1 , 1 20' , 1 , 4 5 6 I , I 1 1 1 � = 50' 1 � 1 i I AS Ac Access f oserr& t I 91.2j' --1�- -- 125.131------ >—12.0,2' 12.29' 12.02 ---- I I , 1 1 G) 1 I l I 9 1 I 8 7 I I I I 1 I 1 I I I I I Public UtiliPr and Drainage £oserd,ent ?0 1 I 1 1 I Fox River Legal Description: v Public Utility and Droinoge Easement across Feltz property the southerly 15.0 feet of the northerly 1000 feel of Lot 9 and the southerly 15.0 Teel of the norther/y 100.0 feet of Lot B (except the caster/y 20.0 lee( thereo/), al Block 1, Of lYarsley"s Addition to the {�i//age of Bn'sfo% in the United Ci/y of Yorkvi//e, /'ender// County, 1/linois. Public Utility and Droinoge Easement across Schi/linger property the souther/y 15.0 feet of the norther/ 1 y 100.0 /eel of Lot 7 and the southerly 5.( /eel of the northerly 100.0 feel of the easterly 2D.0 feel of Lot f1, in Block 1 Of :Yorsleys Addition to the Village of Bilsto% in the United City u( Yorkville, Kendull County, I/linois. Access Easement across Feltz property A strip of land 12.0 feet in width, tying adjacent to, northerly at and coincident EXHIBIT wilh o line described os follows.- Commencing at the Southwest corner of the easterly 20.0 feel of Lot 5 in Block 1 of Worsleys Addition to the JQlcge of Brlsto% thence westerly to the Northwest corner of Lot 9 in said Block 1 for the p i1 terminus of said line (extending g or shorlemhg the lines so as to lerminale on the ~ lYesl line of the Easterly 20 feet of said Lot 5 and on the West /ine of said B/ock IJ in the United City of Yorkvi//e, Kendal/ County, /l/ina/s. Access Easement across Schillinger properly Prepared by. the southerly 12.0 feet of Lot 6 and the southerly 12.0 feet of ✓times M. Olson Associates, Ltd the easterly 20.0 feel of Lot 5, in t1lock 1 0( Worsleys Addition to the 107 West Modison Street Vi//c;e of Rrstol, in the Uniiod City of Yorkville, Kendall County, //linois. Yorkville, Illinois 60560 November 21, 2000 Feltz Rev.12/15/00 No. 762J 200100001510 Filed for Record in KE:NDALL C OUN1 Y, ILLINOIS PAUL ANDERSON STATE OF ILLINOIS ) -��►—L�}L�1 At 09:19 Ai*,. )ss EASEMLN r 19.00 COUNTY OF KENDALL ) GRANT OF PERMANENT PUBLIC UTILITY AND DRAINAGE EASEMENT AND GRANT OF ACCESS EASEMENT (FELTZ EASEMENTS) KNOW ALL MEN BY THESE PRESENTS: THAT the Grantors, HAROLD K. FELTZ, Trustee, of the Harold K. Feltz Living Trust Agreement No. 1 dated August 29, 2000 and ELEANORA HAGERTY FELTZ, Trustee, of the Eleanora Hagerty Feltz Living Trust Agreement No.I dated August 29, 2000 , are the record title owners of the following real property: Lots 4&9 and Lots 5 & 8, except the eastern 20'feet of said lots 5 & 8, of Block 1 of Worsley's Addition to the Village of Bristol in the United City of Yorkville, Kendall County, Illinois. In consideration of the sum of Ten and 00/100 Dollars($10.00)and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant, bargain, sell and convey to the UNITED CITY OF YORKVILLE, an Illinois Municipal Corporation, its successors, and assigns, hereinafter referred to as Grantee, in consideration of the covenants to be kept and performed by the Grantee herein,two permanent easements that shall inure and run with the land which are as follows: (1) Public Utilities and Drainage Easement:A Fifteen Foot(15')permanent easement for Public Utilities and Drainage Systems and related appurtenances over the tract ofland designated and more fully described in the Easement Plat, which is attached hereto and referenced herein as Exhibit "A', in order to allow for the construction, maintenance and operation of Public Utilities and Drainage Systems and appurtenances thereto that the UNITED CITY OF YORKVILLE deems necessary. Page 1 of 4 The legal description of said easement is set out in the attached Exhibit"A'. (2) Access Easement: A Twelve Foot (12') permanent access easement for purposes of public ingress and egress as more fully described in the Easement Plat, Exhibit"A'. The legal description of said easement is set out in the attached Exhibit "A". The grant of easement is subject to the following conditions: 1. Grantee shall restore the surface of the permanent easement for Public Utilities and Drainage to the condition existing at the time of entry upon the same. 2. Grantors further agree to grant to the United City of the Village of Yorkville as Grantee, a temporary construction easement of Fifteen Feet(15')on both sides of the permanent easement for Public Utilities and Drainage being granted herein and as described in the attached Exhibit "A" incorporated herein. Said temporary easement shall be temporary and solely for the purpose of construction of Public Utilities and Drainage Systems in the permanent easement. Grantee shall restore the temporary easement to the condition existing at the time of entry upon the same. 3. The easements contained in this document shall be treated as a covenants running with the land and shall be binding upon the successors, heirs, and assigns of each party hereto. IN WITNESS WHEREOF,the Grantors have hereunto set their hands and seals this day of 2001. HAROLD K. FELTZ, Tyustee of the Harold K. Feltz Living Trust Agreement No. 1 dated August 29, 2000 ELEANORA HAGERTY fELTZ, Trustee ot e Eleanora Hagerty Feltz Living Trust Agreement No. 1 dated August 29, 2000 Page 2 of 4 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) HAROLD K. FELTZ, Trustee of the Harold K. Feltz Living Trust Agreement No. 1 dated August 29, 2000, alleges and states that he has read the foregoing Grant of Easement that he has knowledge of the facts and contents contained therein, and that the facts as alleged therein are true in substance and in fact. OLD K. FELTZ STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) ELEANORA HAGERTY FELTZ, Trustee of the Eleanora Hagerty Feltz Living Trust Agreement No. 1 dated August 29, 2000, alleges and states that she has read the foregoing Grant of Easement that she has knowledge of the facts and contents contained therein, and that the facts as alleged therein are true in substance and in fact. ELEANORA HAGERTY FIELTZ STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, CERTIFY THAT HAROLD FELTZ and ELEANORA HAGERTY FELTZ are personally known to me to be the same persons whose name are subscribed to the foregoing instrument,that they appeared before me this day in person, and acknowledged that they signed, sealed and delivered this instrument as his and her free and voluntary act, for the uses and purposes therein set forth Given under my hand and notarial seal this /U Day of �4)UC�-C , 2001. ;1 Notary Public [NOTARY FFICIAL SEAL"00 S Page 3 of 4 LISA G. MARTIN OF LLN01 OMM S�SION EXPIRES I/ 9/2 THIS DOCUMENT PREPARED BY: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, IL 60560 630-553-9500 AFTER RECORDING RETURN TO: 'Wxka&Qky.imfcYiD"ifie 84KX0X 4ff*XVMXVXd YvAovi k*Idkm3ixfi0t560x Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, IL 60560 Page 4 of 4 . � Port of B/o Easement Plat York vi//e tors/e t' A��7 l-endal/ County-9 / ois N last Maim Stye e t + 20' F0 1 5 � 1 Access Caseerr;e r a`P~ g`� + 91.23" 125.13; ----- -- __ _ ' >--12.02" 12.15= ��� 91.93" •124.90" 12.29' 12.02' LA ' ' o Public Uli/ipr and Drainage Eose,-d,enl ?0 Fox River Legal Description: - Public Wilily and Drainage Easement ocioss Feltz property IJ+e souther/y 15.0 feel of the northerly 100.0 feet of Lot 9 and the southerly 15.0 leet of the northerly 100.0 lee( of Lot 8 (except the easterly 20.0 lee( (hereo it Block 1, of Worsley'r Addition to the V///oge of Bristol, in the United Cily cf Y""orA•viJ/e, hendo// Counly, //linois. Public U!il/ty and Drainage Easement across Sct+//linger properly the feel of tsoutherly 15.0 feel of the norlhe+> 1 y )000 /eel of Lo! 7 and the southerly 5.1+ l+r northerly 100.0 fee( of the easterly 20.0 feel of Lo( 8, (n Block 1 Of :Yorsleys Addition to the Vi/loge of Biislu/, in the United City of Yorkville. Kendal/ County, //linois. Access Easement across Feltz property A strip (I lord 12.0 /eel !n width, lying odbcent to, northerly of and coincident FEX HIBIT +ri1h o line described as fo/lows: Commencing of the Southwest corner of the easterly 20.0 feel of Lot 5 /n Block 1 of Worsley's Addition to the Village of Brss00% fl+ence westerly to the Norlhrres( corner o/lol 9 in said Block ) /or the terminus o!said line �exlending vi shortening he lines so os to ermnate on 1170 ^ YYest /ire of the Eosler/y 20 fee! of said Lot 5 and on the West /ire of sold Block 1) in the United Cily of Yorkvi/le, Kendal/ County, //linois. Access Easement across Scl+//linger properly Prepared by. lea soull�erl the y 120 feet of Lo( 6 and the southerly 12.0 fee( of James M. Olson Associates, Ltd. e eusler/y 20.0 feel of Lol 5, in Plock 1 of Worsleys Addition to the 107 West Modison Street WIC..: of Brstol. /n the Uniied City of Yorkville, Kendall County, Illinois. Yorkville, Illinois 60560 November 21,'2000 Feltz Rev.12/15/00 No. 762J Q!00"e „o�q;\`= UNITED CITY of YORKVILLE 3, County Seat of Kenda//County V800 Game Farm Rd. Yorkville, IL 60560 E 630-553-4350 �O`NDEO 1N�� February 6, 2001 City of Yorkville Attn: Sandy Marker 800 Game Farm Rd. Yorkville, IL 60560 RE: Worsley's Street Vacation Dear Sandy: Enclosed please find the original 2001-1, the original grant of easement from David A. Schillinger and Lisa M. Schillinger to the United City of Yorkville, and the original recorded grant of easement from Harold K. Fletz and his living trust to the United City of Yorkville for filing in the City records. We have sent each of the petitioners a copy of the document.. Very truly ours, Daniel J. Kramer Attorney at Law DJK/pdc encl.