Ordinance 1995-12 STATE OF ILLINOIS )
)ss.
COUNTY OF KENDALL )
9504489 06/23/1995 02:02P 1 of 1
Paul Anderson, Kendall County, IL Recorder
ORDINANCE NO. 1995- /
ORDINANCE VACATING WEST VAN EMMON STREET
WHEREAS, THE UNITED CITY OF THE VILLAGE 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 a Petition to Vacate West Madison Street; and
WHEREAS, the corporate authorities of THE UNITED CITY OF THE VILLAGE OF
YORKVILLE have determined it to be in the public interest to vacate said right of way for West
Van Emmon Street, due to the nature of several trees which need to be trimmed, or removed
because they are dead; and further to relieve the City of the burden of maintenance and
construction thereon since said right of way would serve a limited number of people and not be
justified by the expense therein to construct a road in said right of way; and
WHEREAS, the City Council of THE UNITED CITY OF THE VILLAGE OF
YORKVILLE deems it in the best interest of the CITY OF YORKVILLE to vacate said right of
way, and to relieve the City of the above stated burdens; and
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WHEREAS, the City finds that said property does not have substantial value that would
result in compensation to the City; and
WHEREAS, it is the intent of the UNITED CITY OF THE VILLAGE OF YORKVILLE
to reserve a easement consisting of the Southerly twelve feet of the vacated West Van Emmon
Street at its intersection with Madison Court on the West running Easterly to property owned as
of the date of this vacation by Harriet Arnold, in order to provide a twelve foot easement for
access which shall be remained dedicated for City use as an easement of ingress and egress for
real property owned by Harriet Arnold and her successors, heirs, and assigns; and
the City further agreeing to vacate all of the remainder of said right of way of West Madison
Street one half to the adjoining owners on each side of said right of way dedication for street
purposes:
NOW THEREFORE, THE UNITED CITY OF THE VILLAGE OF YORKVILLE by a
vote of at least three fourths of its elected members of the City Council hereby agree to vacate
the West Van Emmon Street right of way from its intersection on the East with Morgan Street
running Westerly to its intersection with Madison Court, one half of said vacated street on each
side shall be vacated to the abutting owners thereof. The City as a condition of said vacation
further agrees to reserve for City use and for the benefit of Harriet Arnold and her successors,
heirs, and assigns, who may own real property abutting said right of way, to reserve an easement
of twelve foot in width on the Southerly portion of the existing right of way for West Madison
Street, commencing at the West boundary of her property and running Westerly to the
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intersection of Madison Court with the previous West Van Emmon Street of right of way.
The City Council of THE UNITED CITY OF THE VILLAGE OF YORKVILLE further
finds that said vacation is in the Public interest based upon the findings hereinabove made, and
that no damage shall exist to the residents of the CITY OF YORKVILLE by reason of said
vacation of the street right of way.
The easement being reserved hereunder shall be binding upon the successors, heirs, and
assigns of each party hereto and shall further carry a right to use said easement for public utility
purposes.
PASSED BY THE CITY COUNCIL OF THE UNITED CITY OF THE VILLAGE OF
YORKVILLE, KENDALL COUNTY, ILLINOIS THIS qZ DAY OF 1995.
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SIGNED by the Mayor of THE UNITED CITY OF THE VILLA E OF YORKVILLE,
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KENDALL COUNTY, ILLINOIS THIS jj&AY OF �= , 1995.
YOR
ATTEST:
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Prepared by:and return to:
Law Offices of
Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
(708) 553-9500
HIES M. OLSON ASSOCIATES !D.
ILL►._JIS PROFESSIONAL LAND SU, 2Y0,,,i
LAND PLANNERS
107 WEST MADISON STREET
YORKVILLE, ILLINOIS 60560
553-0050
FAX 553-0964
April 27, 1995
Legal Description for The City of Yorkville
Tract to be Vacated
That part of Van Emmon Street situated between Blocks 22 and 24 in Black's Second Addition to
Yorkville which lies easterly of a line drawn parallel with and 20 feet easterly of the East Line of Madison
Court(formerly Grove Street) and westerly of the West line of Morgan Street in the United City of the
Village of Yorkville, Kendall County, Illinois, (reserving therefrom an Easement for Ingress and Egress
over the southerly 12.0 feet of that part of the foregoing described tract which lies westerly of the West
,me of Lot 2 in said Block 22 extended northerly,simultaneously granted to the owners, heirs and
assigns of said Lot 2).
Plat of Vacation of
Part of Van Emmon Street Black's Second Addition
Yorkville Kendall County Illinois
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Prepared By:
James M. Olson Associates, Ltd.
Prepared For: 107 Wert Madison Street
Yorkville, Illinois 60560
The City of Yorkville (708)553-0050
610 Tower Lane April 27, 1995
Yorkville, Illinois 60560
No. 5762