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HomeMy WebLinkAboutORDINANCES-2005-097-O-0597-0-05 • AN ORDINANCE Vacating a Portion of Green Bay Road (a public street) South of Emerson Street to An Abutting Owner WHEREAS, Ferris Homes, Inc. has requested the vacation of a portion of Green Bay Road in the City of Evanston, which is adjacent to part of PIN 11-19-111-014; and WHEREAS, this portion of Green Bay Road south of Emerson Street is an unopened right-of-way; and WHEREAS, this right-of-way serves no public purpose; and WHEREAS, Ferris Homes, Inc. has entered into a contract to purchase 1228 Emerson Street, a portion of which lies west of and adjacent to the subject unopened right-of-way; and WHEREAS, Ferris Homes, Inc. desires to construct landscaping, sidewalks and an • off-street parking area in support of a 49-unit condominium development by acquiring the vacated property and incorporating it into 1228 Emerson Street; and WHEREAS, Ferris Homes, Inc. will add the subject area into their lawn and do 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: That the certain portion of the public street (Green Bay Road) legally described as: COMMENCING AT THE NORTHEAST CORNER OF THE 1228 EMERSON PARCEL; THENCE WEST ALONG THE NORTH LINE OF SAID PARCEL, SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, 60.00 FEET; THENCE SOUTH 33 DEGREES 22 MINUTES 37 • SECONDS EAST, 21.69 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 54 DEGREES 01 MINUTES 13 SECONDS EAST, • 54.22 FEET; THENCE SOUTH 37 DEGREES 25 MINUTES 48 SECONDS EAST, 63.26 FEET; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST,; THENCE NORTH 33 DEGREES 22 MINUTES 37 SECONDS WEST, 98.31 FEET TO THE POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. And depicted in the attached Plat of Vacation incorporated into this ordinance, is herby 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. That 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 and ingress and egress for the • maintenance, renewal and reconstruction thereof. 2. That said vacated property shall be conveyed to Ferris Homes, Inc. upon their payment to the City of Evanston the sum of $25,000.00 and their acquisition of title to 1228 Emerson Street. 3. That in the event of litigation, Ferris Homes, Inc. will hold the City of Evanston harmless and defend it against any lawsuits resulting from the subject vacation. SECTION 2: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. 0 2 w • SECTION 3: That this ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. Introduced: / S , 2005 Adopted: (4AJ I S , 2005 is ATTEST: Jerk 1 Apprl'v d as to fo Corporation Counsel Ayes q Nays 0 • Appr ed , 2005 Mayor 3 PLAT OF VA CA T1ON pp� . N�OIY pCW�Y YII 1Y ' � f �xY01�Y pW Y�C�rAr mlh Oi[ afRY C I�rMVW1�8 b K IIO�p 1R v�yp �lY � �YrMO11MQQ1 I/�M16 Ma d�1 Ul Ir YO rr r da rmID rII! •.Q aJalr <m r� b llt rflL. v .br W1. W r vOrr vl.f rMrmM v rTd a i f r mlrfrr OAf11 blrir s rr�.p ..•N r bd 114rrrrfdl dlrrrllA v dlal ll bla. H rrrK arAa 11 wr v M sr r.lv4 rararr OoaPr •a rqo Wq . aD r. 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Cf. lam Orry N.r ,.Mo. breikar. t� .lo se►+dm rr .• •no.• nr•..drr• ''Y1p Y• drryfrrr erd.y b W wwral �� mdd.. d.[rym• a dr � aba[a y r4da1 drLa1 bI v mr.r.YA • �J • Record of Public Hearing Vacation of a portion of Green Bav Road and Dedication of a portion of 1228 Emerson Street Meeting was opened at 6:30 P.M. by John Burke, Director of Transportation. An attendance sheet was distributed to allow those present to sign in. Mr. Burke started the meeting by quoting the Illinois Municipal Code which describes the vacation procedure and the need for a public hearing. He stated that an Ordinance will be prepared and introduced to the City Council on August 15, 2005. The notice of the hearing was published in the Chicago Tribune to meet legal requirements and courtesy notifications were hand delivered to adjoining and nearby property owners. There was no opposition to the vacation or dedication in written letter or verbally. The developer requested that the Ordinance be introduced and approved at the same meeting to allow the developer to proceed with the demolition. Mr. Nagar asked for the owner of record. The attorney for the developer Dan Shapiro & • developer Drew Ferris indicated that it is Ferris Homes Inc./Ferris@Evanston L.L.0 Mr. Burke asked for any further comments. Without further discussion the meeting was concluded at 6:45 P.M. Respectfully Submitted by; Sat Nagar, P.E. Senior Engineer E • •