ORDINANCE NO. M-517-98

AN ORDINANCE AUTHORIZING THE VACATION OF THE ALLEY RIGHT-OF-WAY AT THE REAR OF 325 FAIRVIEW AND ACCEPTING A PLAT OF CONSOLIDATION

   WHEREAS, pursuant to Section 11-91-1 of the Illinois Municipal Code (65 ILCS 5/11-91-1), the Council of the Village of Winnetka are authorized to vacate any street or alley or part thereof within the corporate limits of the Village if the corporate authorities determine that the public interest will be served by the vacation; and

   WHEREAS, the property commonly known as 325 Fairview (the “Adjoining Property”) is legally described as follows:

Lot 11 in Block 3 in Dale’s Addition to Winnetka, a Subdivision of the North 7.00 Chains and 50.00 Links of the Southeast Fractional Quarter of Section 21, Township 42 North, Range 13, East of the Third Principal Meridian, in Cook County, Illinois; and

   WHEREAS, the Council of the Village have considered whether it should vacate all or portions of the alley right-of-way adjoining the east lot line of the property commonly known as 325 Fairview Avenue; and

   WHEREAS, the Council of the Village of Winnetka have determined that it is in the public interest that the west 10 feet of the alley right-of-way adjoining the east lot line of the Adjoining Property be vacated and consolidated with the Adjoining Property; and

   WHEREAS, the Council of the Village of Winnetka have determined that the reasonable value of the alley is $12,500 and the owner of the Adjoining Property has agreed to pay the Village that amount if the alley is vacated and consolidated with the Adjoining Property; and

   WHEREAS, on March 17, 1998, pursuant to duly published notice thereof, the Winnetka Village Council conducted a public hearing regarding the proposed vacation; and

   WHEREAS, the vacation of the above-described right-of-way will result in the consolidation of the vacated alley to the Adjoining Property, resulting in the reconfiguration of that lot, as depicted in the plat of subdivision entitled Montplaisir Consolidation, which is attached hereto as Exhibit A; and

   WHEREAS, pursuant to Section 21.04(f) of Chapter 21 of the Winnetka Village Code, “Land Subdivisions,” the Director of Community Development has reviewed the plat of subdivision and has recommended that the consolidation be approved, subject to the condition that a utility easement be reserved along the 10-foot wide vacated alley and that a 5-foot utility easement be reserved along the west (front) lot line; and

   WHEREAS, the Department of Water and Electric has determined that the needs of the Department will be adequately met if easements are reserved as recommended by the Director of Community Development, and

   WHEREAS, the President and the Board of Trustees have determined that the public interest will be served by vacating the above-described alley right-of-way, which is legally described as follows:

The West Half (1/2) of the Public Alley lying East of and adjoining Lot 11 in Block 3 in Dale’s Addition to Winnetka, a Subdivision of the North 7.00 Chains and 50.00 Links of the Southeast Fractional Quarter of Section 21, Township 42 North, Range 13, East of the Third Principal Meridian, in Cook County, Illinois;

as depicted on the plat of subdivision entitled Montplaisir Consolidation, which is attached hereto as Exhibit A; and

   WHEREAS, the corporate authorities of the Village of Winnetka have determined that it is in the best interests of the public for the vacation of the alley right-of-way to be subject to the reservation of easements as recommended by the Director of Community Development, and approved by the Director of Water and Electric.

   NOW, THEREFORE, the Council of the Village of Winnetka do ordain:

   SECTION 1 : The foregoing recitals are hereby adopted by the Council as its findings and are incorporated herein by reference as if fully set forth herein.

   SECTION 2: That the west 10 feet of the alley right-of-way adjoining the east property line of the Adjoining Property, as depicted in the attached Plat of Subdivision and legally described as follows (the “Vacated Alley”):

The West Half (1/2) of the Public Alley lying East of and adjoining Lot 11, in Block 3 in Dale’s Addition to Winnetka, a Subdivision of the North 7.00 Chains and 50.00 Links of the Southeast Fractional Quarter of Section 21, Township 42 North, Range 13, East of the Third Principal Meridian, in Cook County, Illinois;

is hereby vacated, subject to the conditions hereinafter set forth.

   SECTION 3 : The vacation of the Alley shall be subject to: (1) the reservation of a utility easement 10-foot wide along the Vacated Alley and the reservation of a 5-foot utility easement along the west (front) lot line of the parcel of land to be formed by the consolidation of the Vacated Alley with the Adjoining Property; (2) the receipt by the Village of the full payment of $12,500.00 from the Adjoining Owner; and (3) the payment by the Adjoining Owner of all costs related to the vacation of the alley and the preparation and recording of the plat.

   SECTION 4: Provided that the conditions set forth in Section 3 of this ordinance are met, the Vacated Alley shall be consolidated with the Adjoining Property into a single parcel of land, as depicted on the attached plat, entitled “Montplaisir Consolidation,” said consolidated parcel from thereafter to be legally described as:

Lot 1 of Montplaisir Consolidation, in the Southeast Fractional Quarter of Section 21, Township 42 North, Range 13, East of the Third Principal Meridian, in Cook County, Illinois,

   SECTION 5 : The corporate authorities of the Village of Winnetka do hereby authorize the Village President and Village Clerk to execute the plat entitled "Montplaisir Consolidation," and to take all other steps necessary to effectuate the vacation of the alley right-of-way and the recording of the Montplaisir Consolidation plat, provided that all of the conditions set forth in Section 2 of this ordinance have first been met.

   SECTION 6 : Upon the execution of the plat, and the Adjoining Owners’ full performance of all of the conditions set forth in this ordinance, the Village Clerk of the Village of Winnetka is hereby authorized and directed to cause a certified copy of this Ordinance and the Montplaisir’s Consolidation plat to be recorded in the Office of the Cook County Recorder of Deeds.

   SECTION 7 : This ordinance shall be in full force and effect from and after its passage, approval, and posting.

   PASSED and approved this 7th day of April, 1998.

   AYES:   Trustees Derning, Hilton, Lien, Meuer and Lanphier

   NAYS:   None

   ABSENT:   Trustee Duhl

   Signed:

Countersigned   Louise A. Holland

   Village President

Douglas G. Williams

Village Clerk

Introduced: March 17, 1998

Posted: March 18, 1998

Passed and Approved: April 7, 1998

Posted: April 8, 1998