HomeMy WebLinkAboutOrdinances - ORD-01-1035 - 09/05/2001 - VACATE ROW SOUTH STREET E OF RIVER RDORDINANCE NO. ORD-01-1035
AN ORDINANCE VACATING THE RIGHT-OF-WAY OF SOUTH STREET,
LOCATED EAST OF RIVER ROAD, AND SOUTH OF STATE ROUTE 120,
IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, the public right-of-way of South Street lying east of River Road, and
legally described and depicted herein on the Plat of Vacation attached hereto and
incorporated herein by reference as Exhibit A, is 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 651LCS/1 1-9. 1, that the public interest will be subserved by vacating this right-of-
way; and
WHEREAS, an existing sanitary sewer main traverses this right-of-way, and the City of
McHenry intends to reserve an easement necessary to maintain this and any other future
public facilities.
NOW, THEREFORE, BE IT ORDAINED BY THE 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, legally described and depicted on the Plat of Vacation
attached hereto as Exhibit A shall be and it hereby is vacated, subject to reservation of a utility
easement in favor of the City of McHenry over that portion of the property legally depicted and
described on the attached Exhibit B. The Mayor and City Clerk shall be and they hereby are
authorized and directed to execute and attest a Plat of Vacation and Plat of Easement in the
forms attached hereto as Exhibit A. No compensation shall be due to the City for the benefits
that will accrue to the owners by the vacation.
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SECTION 3: 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, the fully executed Plat of Vacation and Plat of Easement to be
recorded with the McHenry County Recorder of Deeds.
SECTION 4: All ordinances of parts thereof in conflict with the terms and provisions
hereof are hereby repealed to the extent of such conflict.
SECTION 5: 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.
SECTION 6: 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 5TH DAY OF SEPTEMBER , 2001
AYES: BOLGER, GLAB, LOW, MURGATROYD, WIMMER
NAYS:
NONE
ABSTAINED: NONE
ABSENT: NONE
APPROVED THIS emu_ DAY OFpTRgR , 2001
ATTEST:
C1111" L RK
MAYOR
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