Lake County, IL
File #: 24-0411    Version: Name: Klondike Avenue ROW Resolution
Type: resolution Status: Failed
File created: 3/22/2024 In control: Planning, Building, Zoning and Environment Committee
On agenda: Final action: 5/14/2024
Title: Resolution to vacate an unimproved portion of the Klondike Avenue right-of-way located in Block 5 of the Groveland Park Subdivision in Antioch Township.
Attachments: 1. Klondike Avenue ROW Vacation Report PTRL 000937-2023, 2. Klondike Plat of Vacation, 3. Location Map - Klondike Ave - PTRL 000937-2023, 4. Minutes - Klondike Ave. Vacation 000937-2023, 5. Klondike Ave Presentation PTRL 000937_2023

Title

Resolution to vacate an unimproved portion of the Klondike Avenue right-of-way located in Block 5 of the Groveland Park Subdivision in Antioch Township.

 

Staff Summary

                     John and Lisa Szlenk, record owners, are requesting vacation of an unimproved portion of the Klondike Avenue right-of-way, located south of 26616 W. Klondike Avenue; and 26604 W. Klondike Avenue, Antioch, Illinois. The portion of unimproved right-of-way to be vacated is 65.53 feet wide, extending 101.24 feet east, and consists of 0.14 acres.

                     The right-of-way has not been improved nor accepted by the Antioch Township Highway Commissioner. No objections were submitted by the utility companies, so long as the utility easements are maintained.

                     The Board of Vacations held a public hearing on January 29, which was continued to February 22, 2024. At the conclusion of the public hearing, a motion to approve the requested vacation failed by a vote of 0 to 3.

                     Following a recommendation by the Planning, Building, Zoning and Environment Committee, the vacation request will proceed to the County Board for final action.

                     The requested vacation was considered by the Planning, Building, Zoning, and Environment Committee at its May 1, 2024 meeting. A motion to recommend approval of the request failed unanimously at the Committee and the petition must now be considered by the County Board for final action.

 

Body

RESOLUTION

 

WHEREAS, on January 29, 2024, and February 22, 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 John and Lisa Szlenk, requesting a vacation of a portion of unimproved Klondike Avenue that is 65.53 feet wide, extends 101.24 feet east, and consists of 0.14 acres, located in Block 5 of the Groveland Park Subdivision, and more fully described as follows:

 

Beginning at the Southwest Corner of Lot 8 in Block 5 of said Subdivision; thence south 66°07’28” east along the north line of Klondike Avenue, 101.24 feet to the southeast corner of Lot 9 in Block 5 of said Subdivision; thence south 0°09’47” west along the east line of said Lot 9 as extended to the south, 65.53 feet to a point to the south line of Klondike Avenue, thence north 66°07’28” west along the south line of Klondike Avenue, 101.24 feet to a point on the west line of said Lot 8 as extended to the south; thence north 0°09’49” east along the southerly extension of the west line of said Lot 8, 65.53 feet to the point of beginning. Part of the Klondike Avenue right-of-way in Block 5 of Groveland Park, a subdivision at the northeast quarter of the northwest quarter and part of the northwest quarter of the northeast quarter of Section 35, Township 46 North, Range 9 East of the Third Principal Meridian, according to the plat thereof, recorded July 2, 1926 as document number 281917, in Book P of Plats, Page 84, in Lake County, Illinois; and

 

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

Lots 8 and 9 and Lot 7 (except that part thereof, described as follows: Beginning on the southerly line of said Lot 7 in Block 5 at the northwest corner of Lot 10 in said Block 5; thence north along the west line extended of said Lot 10 in Block 5, 10 feet; thence east at right angles to said west line extended north of Lot 10, Block 5, 58.5 feet to the east line of said Lot 7 in Block 5; thence south along the said east line of Lot 7 in Block 5,38 feet to the southeast corner of said Lot 7 in Block 5; thence northwesterly along the southerly line of said Lot 7 in Block 5, to the place of beginning), in Block 5 in Groveland Park, being a subdivision of the northeast quarter of the northwest corner and part of the northwest quarter of the northeast quarter of Section 35, Township 46 North, Range 9, east of the third principal meridian, according to the plat thereof recorded July 2, 1926, as document 281917, in Book “P” of plats, page 84, Lake County, Illinois, PIN 01-35-107-006; 01-35-107-010; 01-35-107-011; and

 

WHEREAS, after reviewing the testimony presented at the aforementioned public hearing of the Board of Vacations, a motion to recommend approval of the vacation request failed to pass by a vote of 0 Ayes and 3 Nays, based on the findings that: 1. A vacation of the subject portion of Klondike Avenue would preclude any opportunity to improve Klondike Avenue from High Street to Ackerman Road for emergency services or for general accessibility in the future. 2. The previous vacation of Klondike Avenue west of High Street (1983) does not provide relevant precedent to support this request as aerial photography indicates that portion of Klondike was not maintained and was eroded. 3.Maintaining the public right-of-way will allow non-motorized access and use to continue; and

 

WHEREAS, said Board has submitted its recommendation and report to the Planning, Building, Zoning and Environment Committee; and

 

WHEREAS, on May 1, 2024, the Planning, Building, Zoning and Environment Committee of the said County Board duly considered the petition, and by a vote of  0 “Ayes” and 7 “Nays”, do not recommend the above-described vacation request be granted.

 

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 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 May 14, 2024.