sw 668PA485 CITY OF MONTICELLO n U y tqt ` PIATT COUNTY, ILLINOIS ORDINANCE NO

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1 sw 668PA485 STATE Qf ILLINOIS COUNWOF PIATT: 33S779 Filed r rocurd in d d C ounty CITY OF MONTICELLO n U y tqt ` Cto k Aa. m. PIATT COUNTY, ILLINOIS the L on and recor(wi in F3nij1 in ORDINANCE NO AN ORDINANCE VACATING A PART OF THE FINAL PLAT OF APPLETREE THIRD SUBDIVISION, CITY OF MONTICELLO, PIATT COUNTY, ILLINOIS" ADOPTED BY THE CITY COUNCIL CITY OF MONTICELLO THIS 11 TH DAY OF MAY, 2009 Published in pamphlet form by authority of the City Council of the City of Monticello, Piatt 12th County, Illinois, this day of May 2009.

2 wk 6% PAGE 386 CITY OF MONTICELLO PIATT COUNTY, ILLINOIS ORDINANCE NO AN ORDINANCE VACATING A PART OF THE FINAL PLAT OF APPLETREE THIRD SUBDIVISION, CITY OF MONTICELLO, PIATT COUNTY, ILLINOIS" WHEREAS, the Final Plat of" Appletree Third Subdivision" was approved by the City Council of the City of Monticello, Piatt County, Illinois, by Resolution , passed and approved on November 24, 2003, which Final Plat appears in Book 13 at Page 161 of the records of the Piatt County, Illinois, Recorder of Deeds; and WHEREAS, the owner of Lots , inclusive, of Appletree Third Subdivision has presented to the City Council a written instrument, entitled " Declaration Of Vacation", declaring that the portion of the Final Plat of Appletree Third depicting said Lots, and the streets which they adjoin, are vacated, and said owner has requested the City Council to approve said instrument; and WHEREAS, the City Council has heretofore held a hearing on the vacation of the streets depicted in the portion of the Final Plat of Appletree Third Subdivision which said " Declaration of Vacation" covers and has adopted Ordinance No vacating said streets; and WHEREAS, no streets, though platted, have been constructed within the part of Appletree Third Subdivision covered by said Declaration of Vacation, but there exist easements for public utilities in favor of the City of Monticello and Illinois Power Company, respectively, in the part of the Final Plat of said Subdivision which the owner seeks to vacate, which easements should be reserved; and WHEREAS, the City Council has held a hearing, on notice duly published, on the proposed vacation of said part of the Final Plat of Appletree Third Subdivision, and no objections to said partial vacation were made or presented at said hearing;

3 h aou 66SAGE 387 NOW, THEREFORE, be it ordained, by the City Council of the City of Monticello, Piatt County, Illinois, as follows: 1. Recitals. That the recitals hereinabove set forth are incorporated herein as findings of fact by the City Council, as if set forth in haec verba. 2. Vacation. ( a) That the Declaration of Vacation of a part of the Final Plat of Appletree Third Subdivision, a copy of which Declaration is attached hereto as " Exhibit A" and incorporated herein, is hereby approved by the City Council, and the following described part of the Final Plat of Appletree Third Subdivision in the City of Monticello, Piatt County, Illinois, is hereby vacated, to- wit: Lots 197, 198, 199, 200, 201, 202, 203, 204 and 205 of the Final Plat of Appletree Third Subdivision, All streets in said part of the Final Plat of Appletree Third Subdivision, including Cider Drive and that portion of Applewood Drive north of the extended north line of Lot 196 of Appletree Third Subdivision to the southern line of the former Illinois Central Railroad R.O. W. are also hereby vacated. The easements to the City of Monticello and to Illinois Power Company, respectively, appearing in the Final Plat of Appletree Third Subdivision are hereby reserved to said City and utility, and their respective successors and assigns. b) That the City Clerk is hereby directed to record a copy of the aforesaid Declaration Of Vacation with the Recorder of Deeds of Piatt County, Illinois, and to bill the owner of the vacated portion of Appletree Third Subdivision for the cost of said recording, if any. 3. Reinstatement. That this Ordinance is contingent upon the approval by the City Council of the Final Plat of Appletree Fourth Subdivision and the owners/ developers of said Subdivision satisfying any conditions set forth in the City Ordinance approving the same, and if said Final Plat is not approved or said conditions are not satisfied, the City Council may reinstate

4 M BOOK 668PAGE388 the portion of the Final Plat of Appletree Third Subdivision hereby vacated, without the owner of the same going back through the City subdivision regulations, upon the City Council passing an Ordinance so providing. 3. Effective Date/ Recording. That this Ordinance shall be in full force and effect forthwith upon its passage and approval, and publication in pamphlet form, as required by law; and that the City Clerk is hereby directed to record a copy of this Ordinance, after its passage, approval and publication, with the Recorder of Deeds of Piatt County, Illinois. PASSED this 11th County, Illinois, by the following roll- call vote: day of May, 2009, by the City Council of the City of Monticello, Piatt AYES: Hayes, Hiller. Brown, Kuetemeyer, Cummings, Murdock, Mitze, Eades NAYS: None ABSENT: None g Ilr'Zdonitiubsoti, Clerk of the City of Monticello, Piatt County, Illinois May Approved by the Mayor of the City of Monticello, Piatt County, Illinois, this 11th day of Christopher K. orrie, Mayor of the City of Monticello, Piatt County, Illinois ATTEST: Brandon D son, Clerk of the Citfo Monticello, Piatt County, Illinois

5 i BOOR 668PAGE,389 CERTIFICATE OF PUBLICATION I, Brandon Dubson, City Clerk of the City of Monticello, Piatt County, Illinois, do hereby certify that the foregoing and attached " AN ORDINANCE VACATING A PART OF THE FINAL PLAT OF APPLETREE THIRD SUBDIVISION, CITY OF MONTICELLO, PIATT COUNTY, ILLINOIS", is a true and correct copy of said Ordinance duly adopted and enacted by the City Council of Monticello, Illinois, at its regular meeting 2009, by the following Ordinance was published in pamphlet form on the 12"' day of May on the 11` h day of May, roll-call vote: ayes 8_, nays _ 0_, absent 0 and that said Dated this l I 1 day of May Brandon D on, Cler o the ity Piatt County, Illinois f ont cello W, Ord Vacating part of Final Plat of Appletree 3rd.doc

6 i A 600it fspage 390 Prepared by and return to: Fred K. Heinrich Rawles, O' Byrne, Stanko, Kepley Jefferson, P. C. 501 W. Church Street P. O. Box 800 Champaign, IL DECLARATION OF VACATION OF PORTION OF FINAL PLAT AND CERTAIN PUBLIC STREETS OF APPLETREE THIRD SUBDIVISION This Declaration Of Vacation Of Portion Of Final Plat and Certain Public Streets is made by Appletree Development Corporation, Inc., a corporation organized under Illinois law. Whereas, the Final Plat of Appletree Third Subdivision was approved by the City Council of the City of Monticello, Piatt County, Illinois, by resolution , passed and approved on November 24, 2003, which Final Plat appears in Book 13 at Page 161 of the records of the Piatt County, Illinois, Recorder of Deeds, a copy of said Final Plat attached hereto as Exhibit A; and Whereas, Appletree Development Corporation, Inc., has entered into a certain Contract of Exchange with GAM Properties, LLC, an Illinois limited liability company, to exchange a certain tract of real property and replat a portion of the Final Plat of Appletree Third Subdivision, for property owned by GAM Properties, LLC, in order that property adjacent to Appletree Third Subdivision can be developed into a lot suitable for business use, which is intended to be used for certain health care facilities; Whereas, in anticipation of closing the exchange transaction and in the course of the transaction, Appletree Development Corporation, Inc. and GAM Properties, LLC, submitted an ( a) Application for Zoning Change, dated April 9, 2009, and ( b) Petition and Application For: Ordinance to Vacate Part of a Subdivision Plat and to Vacate a Portion of Public Streets I Appletree Third Subdivision and Approval of Preliminary and Final Plat of Appletree Fourth Subdivision including Public Streets and Application to Rezone a Single Lot in Appletree Fourth Subdivision from Residential to Business Zoning, dated April 9, 2009 ( collectively the " Monticello Applications"); Whereas, no streets, though platted, have been constructed within the area sought to be vacated, and no public services or utilities are sought to be vacated;

7 eook 668PACE 39d Whereas, Appletree Development Corporation, Inc., is willing to make this instrument declaring a portion of the Final Plat of Appletree Third Subdivision to be vacated, including certain portions of the streets, all as shown in the Monticello Applications. Now, therefore, Appletree Development Corporation, Inc., makes this instrument declaring the vacation of a portion of Appletree Third Subdivision and certain streets contained therein, as follows: 1. Recitals. That the recitals set forth above are incorporated herein and made a part of this Declaration. 2. Vacation. That, subject to approval of the City Council of the City of Monticello, the undersigned declares that the Portion of the Final Plat and Certain Streets in the Appletree Third Subdivision, described below in Exhibit B, which is attached hereto and incorporated herein by reference, is hereby vacated. All streets and rights of way appearing in said described property including Applewood Drive and Cider Drive, are also declared vacated, as described in Exhibit B. However, the pre- existing easements to the City of Monticello and to Illinois Power Company, or their successors, appearing on the Final Plat of Appletree Third Subdivision are hereby reserved to said City and utility, and their respective successors and assigns. The undersigned declares that no lots within the area to be vacated have been sold prior to making this Declaration, and therefore, there are no other owners to join in this Declaration. Following approval of this Declaration by the Monticello City Council, this Declaration shall be recorded with the Recorder of Deeds of Piatt County, Illinois, at no expense to the City of Monticello. Dated this day of May, Appletree Development Corporation, Inc., An Illinois corporation By: Richard L. Pontious, President STATE OF ILLINOIS COUNTY OF PIATT SS 1, the undersigned, a Notary Public in and for the County and State written above, DO HEREBY CERTIFY that Richard L. Pontious, personally known to me to be the President of APPLETREE DEVELOPMENT CORPORATION, INC., an Illinois corporation, and also known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he 2

8 BOOK'. SPAGE e39u signed, sealed and delivered this instrument as his free and voluntary act of the corporation, for the uses and purposes shown in the document and he was authorized to execute this instrument by the board of directors of the corporation. Dated: s S P V No OFFICIAL SEAL DENISE S. PRIMMER N:OTARY PUBLIC, STATE OF ILLINOIS P. ISSION EXP, AUG. 11, 2012 Pursuant to passage and approval of City of Monticello Ordinance No adopted by the City Council of the City of Monticello on the day of May, 2009, the foregoing Declaration of Vacation of Portion of Final Plat and Certain Public Streets of Appletree Third Subdivision is approved. Mayor of the eity of Monticello, Piatt County, Illinois Attest: Aw' c) wo-l'", J-1' ra' t- Clerk of th City of Monticello, Piatt County, Illinois 3

9 COOK 668PAGE 390 r Exhibit A Final Plat of Appletree Third Subdivision L 4

10 BOK 66SPAGE 391 Exhibit B Portion of Final Plat of Appletree Third Subdivision Vacated and Depiction Lots vacated: Lots 197, 198, 199, 200, 201, 202, 203, 204 & 205 of the Final Plat of Appletree Third Subdivision", which Plat was approved by the City Council of Monticello, Illinois, on November 24, 2003, in Ordinance No , which was recorded in the Piatt County, Illinois Recorder' s Office in Plat Book 13, at Page 161 Note: See Legend on Exhibit A, above, for Lots to be vacated ( hatched area) Streets or Rights of Way vacated: all of the right-of-way of Cider Drive and that portion of the right-of-way of Applewood Drive located north of the extended north line of Lot 196 of Appletree Third Subdivision to the southern line of the former Illinois Central Railroad R.O.W., both right- of-ways are shown on the Final Plat of" Appletree Third Subdivision", which Plat was approved by the City Council of Monticello, Illinois, on November 24, 2003, in Ordinance No , which was recorded in the Piatt County, Illinois Recorder' s Office in Plat Book 13, at Page 161 Note: See Legend on Exhibit A, above, for Right of Way to be vacated ( crosshatched area) 5

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2009R23684 * R * Recording Cover Sheet

2009R23684 * R * Recording Cover Sheet Recording Cover Sheet ORDINANCE NO. 2009-06-070 AN ORDINANCE VACATING COLLEGE COURT MARYLAND DRIVE AND LINCOLN AVENUE) (BETWEEN (PLAT MAP SHOWING PUBLIC RIGHT-OF-WAY VACATED ATTACHED) I llllll lllll lllll