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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 1 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 2 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. 3 SIGNED by the Mayor of THE UNITED CITY OF THE VILLA E OF YORKVILLE, 1 7 KENDALL COUNTY, ILLINOIS THIS jj&AY OF �= , 1995. YOR ATTEST: L F-O("N-c \ CITY C RK 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 L r N ,1�9 �, Sfree f � �� ok3 0� o `oo �o 5A6 0_ p 50/ ' 7, V4nEm more A o 589°56%3 E /0 p' $�� �60A L ot Y � 3 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