Ordinance 2005-087 200500035834
Filed for Record in
K.ENDALL COUNTYP ILLINOIS
STATE OF ILLINOIS ) PAUL ANDERSON
SS 11--17 -2005 At 12 :38 am.
ORDINANCE 39.00
COUNTY OF KENDALL ) RHSP Surcharse 10.011
ORDINANCE NO. 2005-
AN ORDINANCE AMENDING AND RESTATING ORDINANCE NO. 2005-77
VACATING SCOTT ROAD FROM ILLINOIS ROUTE 47 SOUTHWEST TO ILLINOIS
ROUTE 71 IN THE UNITED CITY OF YORVILLE
WHEREAS, the UNITED CITY OF YORKVILLE has received a Petition to
Vacate all of Scott Drive, a publicly dedicated road located between
Illinois Route 47 and northwest to Illinois Route 71 within the UNITED
CITY OF YORKVILLE; and
WHEREAS, the UNITED CITY OF YORKVILLE, through its Mayor and
City Council has 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 road; 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 affecting Property Identification Numbers: 05 -05- 400 - 027 -0000,
05 -05- 400 - 006 -0000 and 05 -05- 400 - 022 -0000 described in Exhibit A and
Page 1 of 4
depicted upon Exhibit B to the respective adjoining landowners, that
being, Crestlake Holdings, LLC, and Interra- Vision (Yorkville, IL) LLC as
purchaser from Crestlake Holdings, LLC and Cosmopolitan Bank and
Trust as Trustee u /t /a dated February 2, 1973 and known as Trust No.
20479 being the only adjoining land owners on each side of the road;
and
WHEREAS, the City Council of the UNITED CITY OF YORKVILLE finds
that said property does not have substantial value that would result in
compensation to the City nor does the vacation cause any loss to any
landowner requiring compensation to any adjoining landowner; 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.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council
of the United City of Yorkville, Kendall County, Illinois, that the
property affecting Property Identification Numbers: 05-05- 400 -027-
0000, 05 -05- 400 - 006 -0000 and 05 -05- 400 - 022 -0000 described on Exhibit A
and depicted on Exhibit B and commonly known as Scott Road is
hereby vacated to Crestlake Holdings, LLC and Interra- vision (Yorkville,
IL) LLC as purchaser from Crestlake Holdings, LLC and Cosmopolitan
Bank and Trust as Trustee u /t/a dated February 2, 1973 and known as
Trust No. 20479
Page 2 of 4
' 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 of otherwise)
shall result to the residents of the UNITED CITY OF YORKVILLE by reason
of vacating said street /road right of way and the United City of
Yorkville relinquishes and foregoes any easements or rights under,
above or adjoining said vacated street/road /right of way.
1
SECTION 2: The City Clerk is hereby directed to record with the
Kendall County Recorder certified copy of this Ordinance, together
with Exhibit B the Plat of Vacation annexed attached to this Ordinance.
SECTION 3: This Ordinance shall relate back to ordinance 2005 -77
and shall be in full force and effect from and after its passage and
approval as provided by law.
WANDA OHARE JOSEPH BESCO v.
VALERIE BURD PAUL JAMES O�
DEAN WOLFER MARTY MUNNS
ROSE SPEARS JASON LESLIE
C)
Approved by me, as Mayor of the United City of Yorkville, Kendall
County, Illinois, this 1 Day of CAP A.D. 2005.
MAYOR
Page 3 of 4
Passed by the City Council of the United City of Yorkville, Kendall
County, Illinois this day of , A.D. 2005.
3
ATTEST: r ..
CITY CLERK
Prepared by:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
Page 4 of 4
EXHIBIT A
LEGAL DESCRIPTION:
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 36
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED
AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE
CENTER LINE OF ILLINOIS STATE ROUTE NO. 47 WITH THE CENTER LINE OF
ILLINOIS STATE ROUTE NO. 71; THENCE WESTERLY ALONG THE CENTER
LINE OF SAID STATE ROUTE NO. 71, BEING ALONG A CURVE TO THE RIGHT
HAVING A RADIUS OF 7615.85 FEET, 300.00 FEET TO THE CENTER LINE
EXTENDED SOUTHERLY OF SCOTT DRIVE; THENCE NORTH 08 DEGREES 19
MINUTES 32 SECONDS EAST, ALONG THE CENTER LINE OF SAID SCOTT
DRIVE, 56.94 FEET TO THE EASTERLY EXTENSION OF THE NORTHERLY
RIGHT OF WAY LINE OF SAID STATE ROUTE NO. 71 FOR THE POINT OF
BEGINNING; THENCE SOUTH 83 DEGREES 25 MINUTES 07 SECONDS WEST,
ALONG THE EASTERLY EXTENSION OF SAID NORTHERLY RIGHT OF WAY
LINE, 34.15 FEET TO THE WESTERLY RIGHT OF WAY LINE OF SAID SCOTT
DRIVE; THENCE NORTH 08 DEGREES 19 MINUTES 32 SECONDS EAST,
ALONG THE WESTERLY RIGHT OF WAY LINE OF SAID SCOTT DRIVE, 1094.68
FEET TO THE WESTERLY RIGHT OF WAY LINE OF SAID STATE ROUTE NO.
47; THENCE SOUTH 03 DEGREES 55 MINUTES 03 SECONDS EAST, ALONG
THE WEST RIGHT OF WAY LINE OF SAID STATE ROUTE NO. 47,311.24 FEET
TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF SAID SCOTT DRIVE,
SAID LINE BEING 66.00 FEET EASTERLY OF (AS MEASURED
PERPENDICULARLY THERETO) THE WESTERLY RIGHT OF WAY LINE OF
SAID SCOTT DRIVE; THENCE SOUTH 08 DEGREES 19 MINUTES 32 SECONDS
WEST, ALONG SAID EASTERLY RIGHT OF WAY LINE, 746.76 FEET TO THE
NORTHERLY RIGHT OF WAY LINE OF SAID STATE ROUTE NO. 71; THENCE
SOUTH 64 DEGREES 46 MINUTES 35 SECONDS WEST, ALONG THE
NORTHERLY RIGHT OF WAY LINE OF SAID STATE ROUTE NO. 71, 39.60 FEET
TO A POINT ON THE CENTER LINE OF SAID SCOTT DRIVE; THENCE SOUTH
08 DEGREES 19 MINUTES 32 SECONDS WEST, ALONG SAID CENTER LINE,
13.09 FEET TO THE POINT OF BEGINNING, IN THE UNITED CITY OF
YORKVILLE, KENDALL COUNTY, ILLINOIS.
COMP. FILE..- 0506.11 —If- 06.1005 d &g
SMITH ENGINEERING CONSULTANTS INC. PLOT nIESTANDARD
CML/BSRDC71IRA1 >�,G> AND �R�YDRS PLAT OF VACATION NEx Layoutt
7139 rgtaL sr6EEr
YONaR&E, u�au 6001 Px mo am - >eeo rAZ mo em - 7eae
wnw.emlNeo9lneerlry,eam E -YAR: eveeevJtheryloaerlry.eam
e YeOCNtm eaVNTIBY eY9eEY6ll
ILLINOIS PROFESSIONAL DXMGN MM / 164- 000108
OF PART OF THE SE QUARTER OF SECTION 5,
TWP. 36 N., R 7 E., KENDALL TOWNSHIP, p�
KENDALL COUNTY, ILLINOIS
- DLO OuD to
(L
STATE OF ILLINOIS C0- )
COUNTY OF KENDALL) I l v "��••//
I I '
Approved and accepted by the Mayor and City Council I' I
of the United City of Yorkville, this day of I I
A.D. 2005.
I
BY. I
Mayor . .'.'.
I
Attest: I
City Gerk '
o
COUNTY RECORDER'S CERTIFICATE
STATE OF ILLINOIS ) I
)SS
COUNTY OF KENDALL) I
I LEGAL DESCRIPTION:
" THAT PART OF TH£ SOUTHEAST QUARTER OF SEC710N 5, TOWNSHIP 36
This Instrument No. was filed for record in the NORTH. RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED
Recorder's Office of Kendal! County, Illinois, on the day of I AS FOLLOWS COMMENCING AT THE POINT OF INTERSECTION OF THE
2005 at ___O'Gock _ M. and was recorded in CENTER LINE OF ILLINOIS STALE ROUTE* NO. 47 WI774 774E CENTER LINE
Map Book--- Page OF ILLINOIS STATE ROUTE NO. 71; THENCE WESTERLY ALONG THE
CENTER LINE OF SAID STATE ROUTE N0. 71, BEING ALONG A CURVE TO
THE RIGHT HA NNG A RADIUS OF 7615.85 FEET, 300.00 FEET TO 774E
CENTER LINE EXTENDED SOUTHERLY OF SCOTT DRIVE,- 774ENCE NORTH
County Recorder I 08 DEGREES 19 MINUTES 32 SECONDS EAST ALONG THE CENTER LINE
OF SAID SCOTT DRIVE, 56.94 FEET TO THE EASTERLY EXTENSION OF
I r THE NORTHERLY RIGHT OF WAY LINE OF SAID STATE ROUTE NO. 71
FOR THE POINT OF BEGINNING; THENCE SOUTH 83 DEGREES 25
MINUTES 07 SECONDS WEST ALONG THE EASTERLY EXTENSION OF SAID
• = NORTHERLY RIGHT OF WAY LINE, 34.15 FEET TO THE WESTERLY RIGHT
C OF WAY LINE OF SAID SCOTT DRIVE, • THENCE NORTH 08 DEGREES 19
7f I O MINUTES 32 SECONDS EAST, ALONG 774E WESTERLY RIGHT OF WAY
COUNTY CLERKS CfRRFlCA
'"", LINE OF SAID SCOTT DRIVE, 1094.68 FEET TO 774£ WESTERLY RIGHT OF
WAY LINE OF SAID STA TE ROUTE NO. 47; THENCE SOUTH 03
STATE OF ILLINOIS ) ',,_I DEGREES 55 MINUTES 03 SECONDS EAST, ALONG THE WEST RIGHT OF
S WAY LINE OF SAID STATE ROUTE NO. 47, 311.24 FEET TO A POINT ON
COUNTY OF KENDAL[) f I I THE EASTERLY RIGHT OF WAY LINE OF SAID SCOTT DRIVE, SAID LINE
BEING 66.00 FEET EASTERLY OF (AS MEASURED PERPENDICULARLY
I. ,County " I THERETO) THE KE57ERLY RIGHT OF WAY LINE OF SAID SCOTT DRIVE;
in Kendall County, Illinois, do hereby certify lhof there are no .. THENCE SOUTH 08 DECREES 19 MINUTES 32 SECONDS WEST, ALONG
delinquent general taxes, no unpaid current general taxes, no unpaid forfeited 13,}O' SAID EASTERLY RIGHT OF WAY LINE, 746.76 FEET TO THE NORTHERLY
taxes, and no redeemable tax sales against any of the land included in the ( RIGHT OF WAY LINE OF SAID STATE ROUTE NO. 71; THENCE SOUTH
annexed plot. / further certify that 1 hove received all statutory lees in I
connection with the annexed plot. 64 DECREES 46 MINUTES 35 SECONDS WEST, ALONG THE NORTHERLY
33 "O^ RIGHT OF WAY LINE OF SAID STATE ROUTE NO. 71, 39.60 FEET TO A
Given under my hand and sea/ of the County at Yorkville, Illinois C A POINT ON THE CENTER LINE OF SAID SCOTT DRIVE. THENCE SOUTH
I 08 DEGREES 19 MINUTES 32 SECONDS WEST, ALONG SAID CENTER
this day of A.D., 2005. .,I I O LINE, 13.09 FEET TO THE POINT OF BEGINNING, IN THE UN /TED CITY OF
YORKVILLE, KENDALL COUNTY, ILLINOIS.
County Clerk
I• � I
I STATE OF ILLINOIS
5.5.
COUNTY OF KENDALL)
I This is to certify that I, Craig L. Duy have prepared this
VACATION PARCEL CONTAINS ; I plat according to official mops and plots for the uses and purposes therein.
1.40 ACRES OF LAND MORE n h Dated at Yorkville, Kendall County Illinois August 31, A.D. 2005.
OR LESS b
�b I
•�� I Illinois Professional Land Surveyor No. 3359
I License Expiration 11/30/2006
.'.
LANDS HEREBY VACATED
RIVE A.K.A.: . ".'.'. .I
4RIS ROAD C
ROAD
ROAD .W
ROAD
v P.. I
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ff I 1
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.. ...�g44 35 W
50679.12 "W
34.15' v ,ryL P .O.S. _
S8325'07 'W 1 r �
— .7300.00' 7I ,
ROUTE t
ILLINOIS P
S
PLAT OF VACATION — SCOTT DRIVE
NOTES: PART OF SECTION 5 -36 -7
This map was created for use in a Plat of Vacation. This map is not to NOTES
be used for any construction or staking purposes without consent from a KENDALL COUNTY, ILLINOIS
proper agent of Smith Engineering Consultants, Inc. BEARINGS BASED ON ILLINOIS STATE
This ), Nnr „ plat 'f ct,„ No assumptions or agreements os to
ownership, use, or possession can be conveyed from this document. PLANE EAST ZONE.
* No underground improvements hove been located unless shown and noted. ROUTE 47, ROUTE 71 AND SCOTT DRIVE
* No distance should be assumed by scaling. LOCATION, WIDTH AND DIMENSIONS PER REVISIONS I DRAWN BY: DATE: PROJECT NO.
" Thls map is void without orlglnal embossed or red colored seal and t. CLD 8/30/05 050631
signature affixed. ILLINOIS DEPARTMENT OF TRANSPORTATION 1 DESIGNED BY: HORIZ SCALE SHEET N0.
RIGHT OF WAY PLATS RECORDED
90888'990 AS DOCUMENT 901887 AND a I CHECK BY: I VERT. SCALE —