HomeMy WebLinkAbout072-O-23 Selling a Vacated Portion of Public Land East of 2137 Crawford Avenue, to an Abutting Owner at 3320 Hayes Street7/24/2023
72-O-23
AN ORDINANCE
Selling a Vacated Portion of Public Land East of 2137 Crawford
Avenue, to an Abutting Owner at 3320 Hayes Street
WHEREAS, Kathleen and Kyle Docter, owners of real property located at
3320 Hayes Street, have agreed to compensate the City in an amount which, in the
judgment of the corporate authorities, is the fair market value, for a portion of vacated
public land east 2137 Crawford Avenue, in the City of Evanston (“Subject Property”),
which is adjacent to part of Property Index Number (“PIN”) 10-11-316-009-0000; and
WHEREAS, this portion of public land east of 2137 Crawford Avenue,
serves no public purpose; and
WHEREAS, Kathleen and Kyle Docter are the owners of the property
located at 3320 Hayes Street, a portion of which lies adjacent to the Subject Property;
and
WHEREAS, Kathleen and Kyle Docter desire to acquire the vacated
property and incorporate it into 3320 Hayes Street; and
WHEREAS, Kathleen and Kyle Docter will add the Subject Property into
their property and do hereby agree to provide a high level of maintenance of the
property;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: The certain portion of public land east 2137 Crawford
Avenue, legally described as:
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72-O-23
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THAT PART OF THE EAST ½ OF THE SOUTH 52 FEET OF THE 16 FOOT WIDE
ALLEY LYING WEST AND ADJOINING THE FOLLOWING DESCRIBED PARCEL:
LOT 5 IN BLOCK 3 IN HIGHLANDS EVANSTON LINCOLNWOOD FIRST ADDITION,
A SUBDIVISION IN THE SOUTHWEST ¼ OF THE SOUTHWEST ¼, (EXCEPT THE
EAST 20 ACRES THEREOF), OF SECTION 11, TOWNSHIP 41 NORTH, RANGE 13
EAST OF THE PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
And depicted in the Plat of Vacation, attached hereto as Exhibit 1, is
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 Kathleen and Kyle Docter
upon their payment to the City of Evanston the sum of five thousand two
hundred dollars ($5,200).
3. In the event of litigation, Kathleen and Kyle Docter 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 72-O-23 or application
thereof to any person or circumstance is held unconstitutional or otherwise invalid,
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72-O-23
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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 72-O-23 shall be in full force and effect from and
after its passage, approval, and publication in the manner provided by law.
Introduced: _________________, 2023
Adopted: ___________________, 2023
Approved:
__________________________, 2023
_______________________________
Daniel Biss, Mayor
Attest:
_______________________________
Stephanie Mendoza, City Clerk
Approved as to form:
______________________________
Alexandra B. Ruggie, Interim Corporation Counsel
July 24
August 28
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August 30
72-O-23
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EXHIBIT 1
PLAT OF VACATION
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