(A) Village property owners can dedicate an entire private street, a part thereof or an easement to the village for the use as a public street. If a property owner grants the village an easement, the village will only have the right to use the street in accordance with the easement.
(B) An owner can also dedicate land not previously laid out as a street to be used as a street. Though there may be someone willing to donate land, a municipality is not required to accept a street for dedication.
(C) The process for this dedication and acceptance is as follows.
(1) The owner of the property must make the offer of dedication in writing and the Board of Trustees may by resolution determine to accept the offer. No street less than two rods (33 feet) in width may be accepted unless the resolution passes unanimously by the Board of Trustees.
(2) The Board must bold a public hearing. The notice for the hearing must include a general description of the road and its proposed course.
(3) The owner may convey the land by deed to be dedicated to the village and Board of Trustees may accept the conveyance by a second resolution that must be recorded in the County Clerk’s office. All offers of dedication must be recorded in full in the minutes of the Board of Trustees.
(4) Upon acceptance of the conveyance, the land becomes a public street.
(D) If there is any dispute over whether a particular street was dedicated and/or accepted by a city or village, the issue will need to be decided in a court. The burden of proof will fall to the party asserting that the land was dedicated.
(Ord. 2-2006, passed 3-27-2006)