HomeMy WebLinkAboutORDINANCES-2004-008-O-0401 /21 /2004
• 02/09/2004
8-0-04
AN ORDINANCE
Vacating a Portion of Isabella Street (a public street)
East of Sheridan Road To An Abutting Owner
WHEREAS, Charles A. Lewis and Penny Bender Sebring (hereinafter referred to
as Lewis/Sebring) have requested the vacation of a portion of Isabella Street in the City of
Evanston, Illinois; and
WHEREAS, this portion of Isabella Street lies east of Sheridan Road and west of
Lake Michigan and is an unopened right-of-way; and
WHEREAS, this right-of-way serves no public purpose; and
WHEREAS, Lewis/Sebring have entered into a contract to purchase 2735 Sheridan
• Road (Permanent Index Number 05-35-404-014-0000), a portion of which lies south of and
adjacent to the subject unopened right-of-way; and
WHEREAS, Lewis/Sebring desire to create an open, landscaped area by acquiring
the vacated property, incorporating it into 2735 Sheridan Road, and placing certain
covenants upon it to prohibit construction or development; and
WHEREAS, Lewis/Sebring will add the subject area into their lawn and do hereby
agree to provide a high level of maintenance of the trees and 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 (Isabella Street) east of
is Sheridan Road legally described as:
ALL THAT PART OF ISABELLA STREET LYING EAST OF A LINE
DESCRIBED AS FOLLOWS: COMMENCING ATA POINT ON THE SOUTH
LINE OF ISABELLA STREET 77.00 FEET EAST OF THE SOUTHEAST
CORNER OF SHERIDAN ROAD, BEING THE NORTHWEST CORNER OF
LOT 1 IN SATTER'S CONSOLIDATION OF LOTS 1 AND 2 IN SHRAWER'S
RESUBDIVISION OF LOT 1 AND NORTH 56 FEET OF LOT 2 IN BLOCK 4
OF CHARLES E. BROW'S LAKE GROVE ADDITION TO EVANSTON, IN
THE SOUTH PART OF OUILMETTE RESERVATION, IN SECTION 35 IN
TOWNSHIP 42 NORTH, RANGE THIRTEEN, EAST OF THE THIRD
PRINCIPAL MERIDIAN, ON COOK COUNTY, ILLINOIS.
As indicated by the words "hereby vacated" on the Plat of Vacation attached to and
incorporated into this ordinance, be and the same 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: Is
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 of ingress and egress for the maintenance, renewal and
reconstruction thereof.
2. That said vacated property shall be conveyed to Lewis/Sebring upon their payment
to the City of Evanston the sum of $550,000.00 and their acquisition of title to 2735
Sheridan Road.
3. That Lewis/Sebring shall deliver to First American Title Insurance Company the
"Declaration of Protective Covenants and Conditions by Lewis -Sebring for the Benefit of .
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the City of Evanston" with instructions to record it as soon as title transfers to
Lewis/Sebring.
4. That in the event of litigation, Lewis/Sebring 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.
• SECTION 3: That this ordinance shall be in full force and effect from and after its
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passage, approval, and publication in the manner provided by law.
Introduced: 2 to , 2004
�J
Adopted:q , 2004
Appr ed:�,Q1' z �- , 2004
Mayor
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ATTEST:
i C erk
Approv d s to f
Corporation unsel
Ayes
Nays
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