Any plat may be vacated by the owner of the premises at any time before the sale of any lot therein, by a written instrument to which a copy of the plat is attached, declaring it to be vacated. If there are public service facilities in the highways, streets, alleys and other public ways and in easements shown on the plat, the instrument shall reserve to the applicable governmental unit or public utility owning such facilities, the property, rights of way and easements necessary for continuing public service by means of those facilities and for the maintenance, renewal and reconstruction of the same.
A. Procedure For Approval: The instrument of plat vacation shall be approved by the county board in the same manner as subdivision plats. The instrument shall also be submitted for approval to the highway commissioner and to the county engineer and to the district engineer of the Illinois department of transportation and to the public utility or utilities involved. The county board, highway commissioner, county engineer or district engineer of the Illinois department of transportation, as the case may be, may reject any instrument that abridges or destroys any public rights in any of its streets and/or alleys.
B. Recordation/Filing: The instrument of plat vacation shall be executed, acknowledge or proved and recorded or filed in the same manner as subdivision plats. Once recorded or filed the instrument operates to destroy the effect of the recording of the plat vacated and to divest all public rights in the streets, alleys and public grounds and all dedications laid out or described in the plat.
C. Partial Plat Vacation: Any part of a plat may be vacated in the manner provided in paragraph A of this section, and subject to the conditions therein prescribed.
1. Any partial plat vacation shall not abridge or destroy any of the rights or privileges of other proprietors in such plat.
2. Nothing contained in this paragraph C shall authorize the closing or obstructing of any public highway laid out according to law. (Ord., 9-19-2000)