HomeMy WebLinkAboutOrdinances - O-99-907 - 04/14/1999 - VACATE PUBLIC ROW PACINI PROPERTY RTE 31 AND BULLORDINANCE NO. 0-99-907
AN ORDINANCE VACATING PUBLIC RIGHT-OF-WAY AND ACCEPTING A
UTILITY EASEMENT THROUGH THE PACINI PROPERTY, LOCATED AT THE
NORTHWEST CORNER OF ROUTE 31 AND BULL VALLEY ROAD, IN THE
CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, the public right-of-way and easements extending from Route 31
to Bull Valley Road, legally described and depicted on the Plat of Vacation attached
hereto and incorporated herein by reference as Exhibit A, are located entirely within
the corporate limits of the City of McHenry and is subject to the sole jurisdiction of
the City of McHenry; and
WHEREAS, the Corporate Authorities of the City of McHenry have
determined, pursuant to 65 ILCS 5/11-91.1, that the public interest will be subserved
by vacating this right-of-way and easements; and
WHEREAS, an existing sanitary sewer main traverses this right-of-way, and
the City of McHenry requires an easement necessary to maintain this public facility,
as legally described and depicted on the Plat of Easement attached hereto and
incorporated herein by reference as Exhibit B; and
WHEREAS, the Parkway Bank and Trust Company, not individually but as
Trustee under the provisions of a Trust Agreement dated , and
known as Trust No. 9052, hereinafter referred to as OWNER, is the current record
owner of all land abutting this right-of-way, and title to the land herein described and
vacated will vest in the OWNER.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
City of McHenry, McHenry County, Illinois as follows:
SECTION 1: The foregoing recitals are incorporated herein as findings of the
Corporate Authorities as if fully set forth.
SECTION 2: The right-of-way and easements legally described and depicted
on the Plat of Vacation attached hereto as Exhibit A shall be and they hereby are
vacated. The Mayor and City Clerk shall be and they hereby are authorized and
directed to execute and attest a Plat of Vacation substantially in the form attached
hereto as Exhibit A. No compensation shall be due to the City for the benefits that
will accrue to the OWNER by the vacation, but the OWNER shall pay all costs
associated with the vacation.
SECTION 3: The easement described and depicted on the Plat of Easement
attached hereto as Exhibit B shall be and it hereby is approved and accepted. The
Mayor and City Clerk shall be and they hereby are authorized and directed to
execute and attest a Plat of Easement substantially in the form attached hereto as
Exhibit B.
SECTION 4: Upon execution and attestation of a Plat of Vacation and Plat
of Easement, the City Clerk shall be and hereby is authorized and directed to
promptly cause a certified copy of this ordinance, and the fully executed Plat of
Vacation and Plat of Easement, to be recorded with the McHenry County Recorder
of Deeds, all at the OWNER'S sole cost and expense.
SECTION 5: All Ordinance or parts thereof in conflict with the terms and
provisions hereof are hereby repealed to the extent of such conflict.
SECTION 6: This Ordinance shall be published in pamphlet form by and
under the authority of the corporate authorities of the City of McHenry, McHenry
County, Illinois.
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SECTION 7: This Ordinance shall be in full force and effect from and after its
passage, approval, and publication in pamphlet form as provided by law.
PASSED THIS 14TH DAY OF APRIL , 1999
AYS: BOLGER, MCCLATCHEY, MURGATROYD, BAIRD.
GLAB
NAYS:
ABSTAINED: NONE.
ABSENT: NONE.
NOT VOTING:
NONE.
APPROVED THIS 14TH DAY OF APRIL , 1999
ATTEST:
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