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' 108/46 • No. ,3— BOOK pacE279 AN ORDINANCE VACA`T'ING A PORTION OF �ti I,-TIER AVENUE IN GOLDIdAN'S NORTH SHORE GOLF LINKS SUBDIVISION, VILLAGE OF DEERFIELD, LAKE COUNTY, ILLINOIS WHEREAS, on the Plat of Goldman's North Shore Golf Links Subdivision in the North West Quarter of Section 63, Township 43 North, Range 12, East of the Third P.'11,1., in the Village of Deer- field, Lake County, Illinois, there is a dedicated public street running in a easterly and westerly direction between Kipl ing Avenue, a dedicated public street in said subdivision of said Village, and Hermitage Drive, a dedicated public street running in a northwesterly ana southeasterly direction in said subdivision of said Village, and oa�IEREAS, School District No. 1U9, Lake County, Illinois, or 'the School Trustees therefore, has acquired ownership of Lots 1, 16, 17, 18 and 19 of said subdivision and has for some time owned Lot 6 of Ownerts First Addition to Deerfield, all of which lots abut said Whittier Avenue, and said School District No. 1U9 by virtue of the ownership as aforesaid of said lots, is the only property owner on both sides of said Whittier Avenue easterly of a line extended south from the southwest corner of Lot 2 of said Goldman's North Shore Golf Links Subdivision, and WHEREAS, the said School District No. lU9 wishes to extend its school grounds so that the same are connected and so that the same are not severed by any public street, and 'jHEREAS, the President and Bodrd of Trustees of the Village of Deerfield, Lake County, Illinois, have determined that the public interest will be served by vacating that portion of said Whittier Avenue from a line extended south from the southwest M ES/ VW 1 -4 -1 4bB -GG and 4 b 1O/8/46 1 PAGE280 corner of said Lot 2 to the eastern terminus of said Whittier Avenue which is at the point of intersection thereof, with the westerly line of said Kipling Avenue; and that the Said Village of Deer- field will be relieved of the burden and responsibility of main- taining that said portion of said Whittier Avenue, and ItHEREAS, the vacation and closing of the above described portion of said Whittier Avenue will not damage any other property in the said Village and will not interfere with public travel and public convenience. NOW, THEREFOR:, E AND IT IS OF,DAINED by the President and Board of Trustees of the Village of Deerfield, Lake County, Illinois, that; Section 1; That the portion of said Whittier Avenue from a line extended south from the southwest corner of said Lot 2 of said Goldmants North Shore Golf Links Subdivision to the eastern terminus of said Whittier Avenue, which is at the point of the intersection thereof,with the westerly line of said Kipling Avenue, be and the same is hereby vacated provided, however, that said School District No. lU9 shall at all times, on behalf' of it- self, its officials and agents, and its successors and assigns, permit no derangement of or interference with any and all utilities which may be under the surface of the said portion of said Whittier Avenue vacated hereunder, and provided further that at all times the said Village of Deerfield, its officials and agents, and its successors and assigns, shall have the right and privilege to enter upon the said vacated street portion for the purpose of making necessary inspections and doing any work by excavation or otherwise -2- ES /VW 1 -4 -1 458 —GG and 45 lV /8/4E� to any such public utilities. BOOK PAGE281 Section 2: That the said Village of Deerfield hereby reserves unto itself, its officials and agents, and its successors and assigns, the rights and privileges as set forth in Section 1 hereof. Section 3: That ail ordinances or ports of ordinances in conflict herewith be and the same are hereby repealed and this ord- inance shall be in full force and effect immediately and forthwith upon its passage. Section 4: That the Clerk of the Village of Deerfield, Lake County, Illinois, be authorized and directed to file a certified copy of this ordinance in the Hecorderts office of Lake County, Illinois. PASSED this AYE'S :1 day of , 1946. f .APPROVED this 011� day NAYS: , 1946.^ pre cent of the Village of ' .��- De field La e County, Illinois ti L, V�D°'iapm° :- LED in my Sfafe of linois • e. Q �� day of Lake County ss. No, A.D., 1946. Filed ;or recordOLT -2 -- A• A 19 t �,-p__o'clack._ _ M. -and /�r r + lit �\ duly r raed in Book_ i-1- age C erk of._ Pa __ _- Recorder I, CHESTER WESSLING, Clerk of the Village of Deerfield, Lake County., I n`ois; here y certify that the above and foregoing is a true, complete and correct copy of Ordinance No. s` of the Village of Deerfield, Lake County, Illinois passe a unanimous vote of the B 1946 ar, Trustees of said Village on r , and approved , 1946; the original o' w ich is on .f i,le in my office. "' .. ti IjZTNESS WH' RE OF, I have set my hand and have affixed '`'�.heeal '•fi the sai Vii age of Deerfield, Lake County, Illinois. ct.n J r � h Q" ' (Chester I. Wessling -� 4y,�;., ;�., age Clerk SEAGO, PIPIN, BRADLEY & VETTER MARSHALL A. PIPIN ATTORNEYS At LAW ERWIN SEAGO TELEPHONE STUART B_ BRADLEY 135 SOUTH LA SALLE STREET FRANKLIN 3827 DONALD L.VETTER NORMAN BRIDGE EATON CHICAGO 3 CHARLES O. BUTLER VICTOR E. FURMAN JOHN H.MARTIN 4 October 17, 1946 Mr. Howard L• Scott County Recorder Lake County Court Mouse i'aukegan, Illinois Lear Sir; Mould you kindly record th( anc s o dina'n a which ordinance was passed by the President an oar f Trus s of the Village Of i.eeVfield on October 8 q6 ordinance vacates a scull portion of ;shittier ive e r eld, Illinois if' you Will send.us a notation of r re o charges we will remit im- mediately. Very truly yours, SEAGO, PIPIN, BRADLEY & VE1'TER By PS /W : 458 -GG 458 -6 Encl. cc/ Mr. Chester Wessling Dear Chester; A fully executed copy of this ordinance is enclosed for your files at this time. When the recorded copy is re- turned from the Recor,derls office it also will be sent to you. ES e� TO WHOM IT MAX CONC=: 1946 The undersigned hereby consents to the vacation by the Village of Deerfield of that, part of Whittier Avenue in Gold- man's North'Shore Golf Links Subdivision in the north half of the Northwest Quarter of Section 33, 'township 43 North, Range 120 Nast of the Third Principal Meridian# according to the plat thereof recorded June 7, 1924, as Document No. 241049, in Labe County, Illinois, lying east of the east line extended of lot 2 in said subdivision; and that,the Trustees of Schools of Town-, ship Number 43 North, Mange 12, L`sst of the 'third Principal Meridian in Lame County, Illinois, and. School District Number 109 in the Village of Deerfield, in Lake County, Illinois, may as* that part of said Whittier Avenue mien so vacated* this eensent is conditioned upon the ordinance or resolution granting such vacation expressly providing that such vacation shall give no person or party the right to obstruct, remove or destroy any of the utilities lying beneath the surface of that part of Whittier Avenue so vacated. two, As Trustee under Trust Agreement dated September 1, 19.44s and as the owner of Lots 1, 20 3; 5, 6, 7, 8 (except the east half thereof), 90 lo, 11 (except the west half thereof), 13 (except the east half thereaf),.14 (except the east half thereof), 15, 16, 179 18 and 19 in the above mentioned subdivision.