HomeMy WebLinkAboutOrdinances - n/a - 10/05/1942 - Vacating East Street � �
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B� IT �AIN�D, by the City Counail oP the City oP �aHenrys
S$CTIOIQ I:
That the public interesta oP the City will be aerved h9 vacating
Saat Street of the City of �cHenry, and it is the decision and determination
of the City Co�ail oP the Cit9 of MoHenry that tbe public use sad iaterest
to be served ia anoh as to warrant the vacation oP said atreet.
SECTION II:
That Sast Street oP the City of �doHenry ie hereby vacated ae a
- � puhlia street and the same shall no longer oonstitute or he con�idered aa
a atreet of the Cit9 oP MaHenr�.
$SCTION IIIs
All Ordinanoes and parts oP Ordinance� in conflict with thie
Ordinance are hereby repea2ed.
SECTION I?s
This Ordinance shall take eff ect and sball be in forae from and
aYter ita passage and approval s000rding to law.
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OFFICE PHONE 700 RESIGii'.;'.6�HONE SB•J
VERNON J. KNOX
LAWYER
CRYSTAL LAKE, ILL.
� �ugust 6, 1942
h�ay�r R. I. Overton
1�cHenry, Illinois
Dear A:ayor Overton:
I have investi�;ated the matter of' tho disposal of .;ast Street, cihich �ve talked about
at the Council i�ieeting :,:onda� night, and i fir.d that this atraet shows on tne �lat
of '��est �icHonry, vrhich was a common law plat and r�ich ���as recordod in :;;ook 24 of
Deeds, on pa�;e 23.
In my opinion, the City is not in a position to sell this pronerty. The only thing
the City can do is vacate the street and if this is done t;7� titlo to the straet
passes to th� adjoinin� o�mers. The leadin� casa on tnis suoject is tlze case of
Prall vs. 3urc�hartt et al, r,�ich c��s� is reported in 299 I11., Pa�,e 19, and I cite
the following language from this csse, which I believe conclusivel� det�rmines t7ie
interest of the City of i.cHeury in the piece of prop�rty shown on thQ ;rlat of ',7est
� �cHenry as �ast Street;
"At cammon lativ a dedication uf a strest to the public gave the people an ease-
ment only in the land and the title to the fee r�nained in tha dedication and
passed 'oy the conve��ance of tho abutting land.
"Undor the Plat �ct, providing that the fee to a dedicated stroet shall vest
in the municipality, and the vacation act, providin; that, when a dedicated
street is vacatQd, the title to the feo shall vost in the o�mers of abutting
land, the mur:�icipality acquires a base or d3terminahle fee only, and the
riY;ht to the fee after vacation passes by way of conditional limitation to
the grant�es oi lots abutting there on.'t
6ccordin� to the Plat of ��est it�'cHenry, the lucHenry Lumher Company owns thirty-nine
feet fronting on .ast Street on the :;orth and the Socony Vacuum uil Company ovma
fifty-f'our a,na threa-tenths feet fronting on the �sorth side of �ast Street.
.�pparently the property on the South side oi sast Streat is ov�nlQd 'a, the i.:cHenry
r�,rtit'icial Stone :,'ompany and has a ironta,ga of ons hundred eight an�t two-tenths
feet. Thus you tivill seo that if the stre�t is vacated by the City, the title to
this street would pass to the aforeruentioned adjoining ov�mers.
� Should you wlsh an�r further inJ'ormation 3bout this matter, I would be glad tc give
it to you if at all possihle.
Yours very truly,
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