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HomeMy WebLinkAboutORDINANCES-2018-082-O-187/11 /2018 82-0-18 AN ORDINANCE Vacating a Portion of Public Land South of the Church Street Public Right of Way, East of Florence Avenue, to an Abutting Owner WHEREAS, Peter Isaac, owner of real property located at 1633 Florence Avenue, has requested the vacation of a portion of public land south of the Church Street Public Right of Way, east of Florence Avenue, in the City of Evanston ("Subject Right of Way"), which is adjacent to part of Property Index Number ("PIN") 10-13-403- 001-0000; and WHEREAS, this portion of public land south of the Church Street public right of way, east of Florence Avenue, serves no public purpose; and WHEREAS, Peter Isaac is the owner of the property located at 1633 Florence Avenue, a portion of which lies south, of and adjacent to the Subject Right of Way; and WHEREAS, Peter Isaac desires to acquire the vacated property and incorporate it into 1633 Florence Avenue; and WHEREAS, Peter Isaac will add the Subject Right of Way into their lawn and does hereby agree to provide a high level of maintenance of the landscaping; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: The certain portion south of the Church Street Public Right of Way legally described as: J 1 THAT PART OF CHURCH STREET LYING NORTH OF AND ADJOINING THE FOLLOWING DESCRIBED TRACT OF LAND; LOT 1 IN BLOCK 1 IN HINMAN'S ADDITION TO EVANSTON, BEING A DUBDIVISION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, TOGETHER WITH THAT PORTION OF THE 8 FOOT ALLEY LYING EAST OF AND ADJOINING SAID LOT 1 AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT AT THE INTERSECTION OF THE EAST LINE OF THE AFORESAID VACATED 8 FOOT ALLEY AND THE NORTH LINE IF AFORESAID LOT 1 EXTENDED EAST; THENCE ON AN ASSUMED BEARING SOUTH 87 DEGREES 52 MINUTES 36 SECONDS WEST, ALONG SAID EXTENSION AND SAID NORTH LINE, 126.57 FEET TO A POINT ON THE SOUTHWESTERLY EXTENSION OF THE SOUTHEAST EDGE OF A CONCRETE SIDEWALK; THENCE NORTH 76 DEGREES 53 MINUTES 40 SECONDS EAST, ALONG SAID EDGE, 129.99 FEET TO A POINT ON THE NORTHERLY EXTENSION OF THE AFORESAID EAST LINE OF THE AFORESAID VACATED ALLEY, THENCE SOUTH 0 DEGREES 02 MINUTES 20 SECONDS WEST, ALONG SAID EXTENSION, 24.78 FEET TO THE POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. And depicted in the Plat of Vacation, attached hereto as Exhibit A, is hereby vacated and closed, inasmuch as the corporate authorities of the City of Evanston have determined that the public interest will be served by the aforesaid vacation, provided that said vacation shall be subject to the following terms and conditions: 1. Said vacation shall be subject to the usual easements for public utilities, including, but not limited to, such rights -of -way, license and easement rights to such equipment as is presently installed and located on those portions of the public right-of-way hereby closed and the rights of ingress and egress for the maintenance, renewal and reconstruction thereof. 2. Said vacated property shall be conveyed to Peter Isaac upon their payment to the City of Evanston the sum of sixteen thousand dollars ($16,000.00). 2 3. In the event of litigation, Peter Isaac will hold the City of Evanston harmless and defend it against any lawsuits resulting from the subject vacation. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: If any provision of Ordinance 82-0-18 or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid application or provision, and each invalid application of this Ordinance is severable. SECTION 4: Ordinance 82-0-18 shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: r) o)� a3 , 2018 Approved: Adopted: Av �vS� , 2018 ��,T� 12018 o he H. Ha" o0c"fep Attest: Approved as to form: Devon Reid, Ciry'6 [K Michelle L. Masoncup, Corporation Counsel Ayes Nays 3 EXHIBIT A PLAT OF VACATION lwllluuv� PLAT OF VACATION THAI PART OI CHURCH `iiREEf LYING; MORTH OF ,AND ADJOINING' THE FOLLOri1NG DESCRIBED 1RALi OF LAND: LOT I IN BLOCK 1 IN HINMAN'S ADD!TION TO EVANSTOY, OEiNG A Su BDIVISION OF THE. NORTHIMST OJAF.IER Oi: TINE' SOUli itA51WARIER OF SECTION 13, TOWISHIP .LT NORTH, RANCF 13 EAST OF IHE. T1'I!RO F•RIXZ-AL MER!CIAN, TOGETHER V411-I THAT PORTION OF niE B FOOT gtCY LYING EASE OF AND AOJC!aJINr ':Alp L.0'T I AND DESCRIOT:D AS FOt LCAYS DEOINNING AT A POINE AT THE iNTERSCCIION OF III,- EAST UNIT OF iris' AFLIRFSAIO VACATED 6 TOOT ALLEY AND THE NORTH LURE IF AFORESAID LOT I E%TFNDED EAST; THENCE ON AN ASSUMf:O BCAi?INp SOUTH 87 OEGRGE5 52 LAINLI IFSi .I6 SECONDS WEST, ALONG SAID EY,fENSiON AND SAID NORIM 1AFIE, 121 67 FEET TO A P01NT ON THE. SO! IVAA:STERLY EXTENSION Of THL `_;OODiCAST EOCE OF A CONCRf,HE SIDEWALK, THENCE. NORTH 76 DECREES 53 MINUTES d0 SCCL:NOS LASE, AI.CIPfi 4All, EDGE, 129.94 FEET H'L) A Flo:p:' OE: TIN;; IaCHNi"i_t+tY E%I'E:.SI(}� OF THE rfl;`FtES.+aO FAST trtlE OF ThiE APi:R(:�nlp JACATEO ALLE't, TI1ENCc. SOV iH 0 Di:GREE, 0^ MINUTES 70 SE:",ONOS WfS1, ALCMG SAIL: E%1 EN'siON, 24.16 FEET TO IHE T'(nt1T EN' WONNINC, ALL. IN GOOK COUNTY, ILLIN<71S, CHURCH CONCRL'I'C SIDE'4VM-K — 0,,..__ .,•I 119F P TO I „� ... Nm 150. 12' SW1 86'62;36Z�_...J co I Coil i CS ! %tn x" f" _.. _..... _. 150. 12' ACCESS EASEMENT ARLA S,rBE 695� Nna> 1. DE..GS ". NSEON MC CASED .1 AM AS.I-P A.I. MC �-sl UNC OF SECRtr1 Ia 31 I. IS AS' Vro A: O1tl: AMP, 2. C :iNO' N N ME' AND KC— — -[RED 3, ND OKI—' SW li BE .44UDED Br SCAIL uCxSUR[uEN" W W 1.AE 0.A� PRT .MO Iw J (! ,3 E,IIF-m 3438 'Y a PROFESSIONAL•'f PREPARED BY: A 'LA SURVEY R Urchell and Associates, Inc. CT', STALE OF Land Surveying S.RYiw 'Syc ILLINOIS .- t0442 S. TALMAN AVENUE qGC, , •HA'� HICAGO, II, 60655 PRONE 708 925 7165 FAX 773,29B.9500 DESIGN FIRM REGISTRATION #184 004894 LICENSE RENEWAL DATE: NOVEMBER 30, 2016 ACC* 3 F AIWA. �MENT CASEMENT O N NDO {'J N �i!'O+IJ'r' r:)f iliL;iNrti^tE; F' 10PI SEl) VACAHON yACATETI ALLEY ;O.r PER C0CL)alt.raT Q i11325-1 O I I AREA TO BE VACAIEDL•1.568 SO FT MORE OR LESS I, ROBERT J. URCHELL, ILlINOIS PROFESSIONAL LAND SURVEYOR NUMBER 035-0034.38 DO HEREBY CERTIFY THAT I HAVE SURVEYED THE PROPERTY DESCRIBED HEREON AND HAVE PREPARED THE HEREON DRAWN PLAT FOR THE PURPOSE OF THE VACATION OF THE PORTION OF A PUBLIC ALLEY. I ALSO CERTIFY THAT THUS PROFESSIONAL SERVICE CONFORMS TO THE CURRENT ILUNOIS STANDARDS FOR A BOUNDARY SURVEY. FIELD WORK COMPLETED: 12/20/17 DATED: -02/28/15 ROBERT J. URCHELL I.P.L.S.VNo. 3438 LICENSE RENEWAL DATE: NOVEMBER 30, 2018 PROJECT No. 17-12-019