HomeMy WebLinkAboutOrdinances - ORD-17-1839 - 09/18/2017 - VACATING PUBLIC ROW NO. OF PEARL ST. SO. OF BROADORDINANCE NO. 17-1839
AN ORDINANCE VACATING PUBLIC RIGHT-OF-WAY LOCATED NORTH OF
PEARL STREET, SOUTH OF BROAD STREET AND EAST OF RICHMOND ROAD
(ILLINOIS ROUTE 31), IN THE CITY OF MCHENRY, MCHENRY COUNTY,
ILLINOIS
WHEREAS, The City of McHenry, McHenry County, Illinois (the "CITY"), is a home
rule municipality as contemplated under ARTICLE VII, Section 6, of the Constitution of the
State of Illinois, and the passage of this ordinance constitutes an exercise of the city's home rule
powers and functions as granted in the Constitution of the State of Illinois.
WHEREAS, It has been determined that an unimproved public right-of-way north of
Pearl Street, south of Broad Street and east of Richmond Road in the City of McHenry is no
longer needed for public purposes and the public interest will be served by vacating such right-
of-way; and
WHEREAS, Pursuant to 65 ILCS 5/I1-91-1, as well as its Home Rule Powers, the City
has the authority to vacate any street or alley, or part thereof, within its jurisdiction when it has
been determined that the public interest will be served; and
WHEREAS, It is the desire of the City that title to the vacated property should be vested
unto Full Circle Communities Inc., 310 S Peoria #500, Chicago, IL 60607; and
WHEREAS, Said statute requires that an ordinance vacating property be passed by an
affirmative vote of at least three -fourths of the aldermen then holding office; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1: The public interest is served by vacating the vacated right-of-way insofar
as the City will not have any further burden or responsibility for maintaining same.
SECTION 2: That the vacated right-of-way, being an unimproved alley is hereby
vacated pursuant to 65 ILCS 5/11-91-1, as well as the City's home rule powers, and title to the
vacated right-of-way shall be vested with the Full Circle Communities Inc. ("OWNER") free and
clear of all liens, obligations and encumbrances in fee simple title. The public right-of-way
legally described and depicted on the Plat of Vacation shall be and hereby is vacated subject to
the following conditions:
• A perpetual ingress/egress access and maintenance easement be reserved
and recorded against the vacated right-of-way property for the benefit of
the properties located at 1408 N Richmond Road and 3513 Broad Street
by the Owner within 60 days of City Council approval of this Ordinance.
• The vacated right of way shall be paved by the Owner to a 24-foot width
residential driveway standard as outlined in the City's Subdivision Control
and Development Ordinance.
• The vacated right of way shall be improved in substantial conformance
with the Site and Landscape Plans approved for the development of the
property immediately to the south of the vacated property by the Owner
prior to the Owner, user and/or any subsequent owner(s), successor(s)
and/or assign(s) or users or any user of Lot 1 or Lot 2 on the Final Plat of
Subdivision receiving a final Certificate of Occupancy.
The vacated right-of-way shall only be utilized by the Owner and/or any
subsequent owner(s), successor(s) and/or assign(s) or users of Lot 1 and/or
Lot 2 referenced on the Final Plat of Subdivision approved for the
development of the property immediately to the south of the vacated right-
of-way on this date by ordinance for emergency access only.
SECTION 3: That all maps, journals and other records of the city be changed
accordingly.
SECTION 4: Upon execution and attestation of a Plat of Vacation, the City Clerk shall
be and hereby is authorized and directed to cause a certified copy of this ordinance and the fully
executed plat of vacation to be recorded with the McHenry County Recorder of Deeds, all at the
OWNER'S sole cost and expense.
SECTION 5: If any section, paragraph, subdivision, clause, sentence or provision of
this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such
judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder
shall remain and continue in full force and effect.
SECTION 6: All ordinances or parts of ordinances in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 7: This ordinance shall be in full force and effect upon its passage, approval
and publication in pamphlet form (which publication is hereby authorized) as provided by law.
PASSED and APPROVED this 18th day of SEPTEMBER 2017.
Voting Aye: SCHAEFER, CONDON, MIHEVC, CURRY, GLAB, SANTI
Voting Nay: NONE
Abstaining: NONE
Absent: DEVINE
May6r W,Ayne,S. Jett
J
ATTEST:
L—it3olerk Lynzi Nevitt