Title
Resolution to vacate an unimproved portion of Wall Avenue located in the Fred K.H. Bartlett’s North Shore Lands Subdivision Third Addition in Warren Township.
Staff Summary
• Joni E. Kelver, Gary G. Kelver, Douglas M. Durbin and Judy A. Durbin, record owners, are requesting a vacation of an unimproved section of Wall Avenue, which is adjacent to 13686 W. Wall Avenue, Gurnee, Illinois; 36880 N. Rosedale Avenue, Gurnee, Illinois; and 36854 N. Rosedale Avenue, Gurnee, Illinois, in the Fred K.H. Bartlett’s North Shore Lands Subdivision Third Addition. The portion of unimproved right-of-way to be vacated is 50 feet wide, extends west from Rosedale Avenue 320 feet, and consists of 0.44 acres.
• The right-of-way has not been improved nor accepted by the Warren Township Highway Commissioner. The Highway Commissioner has no objections to the proposed vacation, nor has any objection been received from public utilities or neighboring property owners regarding the vacation request.
• The Board of Vacations held a public hearing on September 14, 2021 and recommended by unanimous vote to grant the vacation.
• Following a recommendation by the Public Works, Planning, & Transportation Committee, the vacation request will proceed to the County Board for final action.
Body
RESOLUTION
WHEREAS, on September 14, 2021, 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 Joni E. Kelver, Gary G. Kelver, Douglas M. Durbin and Judy A. Durbin, record owners, requesting a vacation of an unimproved section of Wall Avenue 50 feet wide that extends west from Rosedale Avenue 320 feet, and consists of 0.44 acres, located in the Fred K.H. Bartlett’s North Shore Lands Subdivision Third Addition, Gurnee, Illinois, and more fully described as follows:
The portion of public road known as that part of Wall Avenue, lying between Lots 58 and 59 of Fred K.H. Bartlett’s North Shore Lands Third Addition, being a subdivision of part of the northeast quarter of the northwest quarter of Section 12, Township 45 North, Range 11 East of the third principal meridian, Lake County, Illinois; and
WHEREAS, the petitioners are the owners of the following parcels of real estate, to-wit: North Half of Block Fifty Eight (58) (as measured along the East and West lines thereof) in Fredrick H. Bartlett’s North Shore Lands Third Addition, being a subdivision of that part of the North East quarter of the North West quarter of Section Twelve (12), Township Forty Five (45) North, Range Eleven (11), East of the Third Principal Meridian lying east of the right of way in Lake County Illinois, PIN 07-12-106-005; and
The South half of block 59 (except the east 240 feet of the south half and also except the east 240 feet of the north half thereof) in Fredrick H. Bartlett’s North Shore Lands Third Addition, being a subdivision of that part of the North East Quarter of the North West Quarter of Section 12, Township 45 North, Range 11, East of the Third Principal Meridian, according to the plat thereof, recorded December 9, 1926 as document 291253, in Book “G” of Plats, Page 93, In Lake County, Illinois, PIN 07-12-104-004; and
The East 240 feet of the South half of Block 59 in Fredrick H. Bartlett’s North Shore Lands Third Addition, Being a Subdivision in the North West Quarter of Section 12, Township 45 North, Range 11, East of the Third Principal Meridian, according to the plat thereof, recorded December 9, 1926, as document 291253, in book “G” of Plats, Page 93, in Lake County, Illinois, PIN 07-12-104-006.
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 Public Works, Planning, & Transportation Committee; and
WHEREAS, the Board of Vacations recommends approval of the vacation request based on the following findings: 1) No objections from any government entities or adjacent property owners; 2) The vacation would remove the possible liability for the County to have this property under private ownership and place it on the tax rolls; 3)The unimproved right-of-way serves no public interest now or in the future; and
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 petitioner shall after the passage of this resolution, file for recording in the office of the County Recorder of Deeds, a certified copy of this resolution, the application, and the Deed of Vacation.
DATED at Waukegan, Illinois, on this 12th day of October 2021.