Lake County, IL
File #: 24-1245    Version: 1 Name: Resolution to vacate an unimproved portion of a right-of-way located south of Asbury Avenue in the Asbury Terrace Subdivision in Antioch Township.
Type: resolution Status: Passed
File created: 9/13/2024 In control: Planning, Building, Zoning and Environment Committee
On agenda: Final action: 10/8/2024
Title: Resolution to vacate an unimproved portion of a right-of-way located south of Asbury Avenue in the Asbury Terrace Subdivision in Antioch Township.
Attachments: 1. 000978-2024 Asbury Ave PBZE Staff Report, 2. 000978-2024 Updated Plat of Vacation, 3. 000978-2024 Location Map, 4. 000978-2024 Vacation Minutes, 5. 000978-2024 Presentation Asbury Ave Vacation

Title

Resolution to vacate an unimproved portion of a right-of-way located south of Asbury Avenue in the Asbury Terrace Subdivision in Antioch Township.

Staff Summary

                     Michael A. and Sharon A. Madsen, record owners, are requesting vacation of an unimproved right-of-way located south of Asbury Avenue and adjacent to 39845 N Lakeview Road, 26157 W Elm Tree Road, and 26156 W Lotus Road, in Antioch, Illinois. The proposed right-of-way sought to be vacated is approximately 50 feet wide, extending approximately 250 feet south, and consists of approximately 0.28 acres.

                     The right-of-way has not been improved nor accepted by the Antioch Township Highway Commissioner. The Highway Commissioner has no objections to the proposed vacation, nor has any objection been received from public utility companies.

                     The Board of Vacations held a public hearing on July 11, 2024, and recommended unanimously to grant the vacation. Following a recommendation by the Planning, Building, Zoning and Environment Committee, the vacation request will proceed to the County Board for final action.

 

Body

RESOLUTION

WHEREAS, on July 11, 2024, a public hearing was held before the Board of Vacations pursuant to Section 151.204 of the Lake County, Illinois Code of Ordinances, as amended, on the petition of Michael A. and Sharon A. Madsen, record owners, requesting a vacation of an unimproved right-of-way located south of Asbury Avenue, approximately 50 feet wide, that extends approximately 250 feet south, and consists of approximately 0.28 acres, located in the Asbury Terrace Subdivision, Antioch, Illinois, and more fully described as follows:

 

That part of Asbury Avenue lying between lots 58 through 62 (both inclusive) on the west and lots 63 and 90 on the east and lying south of the south right of way line of Elm Tree Road and north of the north right of way line of Lotus Road, all in Asbury Terrace, being a subdivision of all that part of the north 867.24 feet of Section 26, Township 46 north, Range 9, east of the third principal meridian, lying east of Grass Lake and that part of the northwest ¼ of the northwest ¼ of Section 25, Township 46 north, Range 9, east of the third principal meridian, lying west of the center of Grass Lake Road, according to the plat thereof recorded May 7, 1931, as document 368220, in book “V” of plats, page 70, in Lake County, Illinois; and

 

WHEREAS, the petitioners are the owners of the following parcels of real estate, to-wit:

Lots 58 and 59 in Asbury Terrace, being a subdivision of all that part of the north 867.24 feet of Section 26, Township 46 north, Range 9, east of the third principal meridian, lying east of Grass Lake and that part of the north west quarter of the north west quarter of Section 25, Township 46 north, Range 9, east of the third principal meridian, lying west of the center of Grass Lake Road, according to the Plat thereof, recorded May 7, 1931, as Document 368220, in Book “V” of Plats, page 70, in Lake County, Illinois and commonly known as 39845 N Lakeview Road, Antioch, Illinois (PINs 01-26-205-001, 01-26-205-002)

and

Lots 60, 61, and 62 in Asbury Terrace being a subdivision of all that part of the north 867.24 feet of Section 26, Township 46 north, Range 9, east of the third principal meridian, lying east of Grass Lake and that part of the northwest quarter of the northwest quarter of Section 25, Township 46 north, Range 9, east of the third principal meridian, lying west of the center of Grass Lake Road, according to the Plat thereof recorded May 7, 1931 as Document 368220, in Book “V” of Plats, Page 70, in Lake County, Illinois and commonly known as 39845 N Lakeview Road, Antioch, Illinois (PINs 01-26-205-003, 01-26-205-004)

and

Lots 63 and 90 in Asbury Terrace being a subdivision of all that part of the north 867.24 feet of Section 26, Township 46 north, Range 9, east of the third principal meridian, lying east of Grass Lake and that part of the northwest quarter of the northwest quarter of Section 25, Township 46 north, Range 9, east of the third principal meridian, lying west of the center of Grass Lake Road, according to the Plat thereof recorded May 7, 1931 as Document 368220, in Book “V” of Plats, Page 70, in Lake County, Illinois and commonly known as 26157 W Elm Tree Road, Antioch, Illinois (PIN 01-26-206-001); and 26156 W Lotus Road, Antioch, Illinois (PIN 01-26-206-015); and

 

WHEREAS, after reviewing the testimony presented at the aforementioned public hearing of the Board of Vacations, said Board has submitted its recommendation and report to the Planning, Building, Zoning and Environment Committee; and

 

WHEREAS, the Board of Vacations recommends approval of the vacation request based on the finding that a vacation of the subject portion of Asbury Avenue, with a 10-foot utility easement for existing infrastructure, will have no negative impact on the general public or public infrastructure.

 

NOW, THEREFORE, BE IT RESOLVED by the Lake County Board that the public right-of-way, as described above, is hereby vacated and that portion of said plats of subdivision are hereby revoked, annulled, and set aside; and

 

NOW, THEREFORE, BE IT FURTHER RESOLVED, that this resolution shall take effect and be in force for and after its passage provided that said petitioners shall after the passage of this resolution, file for recording in the office of the Recording Division of the Lake County Clerk’s Office, a certified copy of this resolution, the application, and the Deed of Vacation.

 

DATED at Waukegan, Illinois, on October 8, 2024.