§ 62-41. Vacation of recorded plats or parts of recorded plats.

(a)

Procedure. The vacation of plats or parts of plats shall follow the procedure required for final plats of subdivisions. Final approval of an instrument of vacation shall, however, be automatically referred to the village board. The plat officer shall transmit to the village board, along with its recommendation on the instrument of vacation, a statement of fact explaining the grounds for its recommendation and a recommendation respecting the monetary remuneration to be paid to the village treasurer in the consideration of any public property involved in the vacation. Instruments of vacation not approved by the plat officer shall, upon the request of the petitioner, be submitted to the village board with the reasons for disapproval. After reviewing the evidence, the village board may determine the monetary remuneration to be paid in consideration of public property, if any, involved in the vacation, and direct the plat officer to certify approval of the instrument of vacation.

(b)

Standards. A vacation shall not be approved that creates conditions that would not be permitted under the requirements of this chapter in newly created subdivisions, unless such vacation would at the same time correct other and more serious conditions detrimental to the public health, safety, comfort, morals, and the general welfare. No vacation shall be approved unless it provided easements for existing public utilities within the confines of the vacated area.

(c)

Form. The instrument of vacation shall consist of:

(1)

A written description, referring to an attached copy of the recorded plat, of the plat or part thereof to be vacated, and a written statement declaring the same to be vacated.

(2)

An attached copy of the recorded plat, all or a part of which is to be vacated. If only part of the plat is to be vacated, such part shall be shaded and outlined with a heavy line.

(3)

The following certificates duly executed:

(a)

CERTIFICATION BY OWNER:

Certification by the owners shall include all of the owners of land in and adjacent and contiguous to the part of the plat to be vacated.

"As owner to the following described property, to-wit (description by reference to attached plat I (we) hereby petition the Village Board of Trustees of the Village of Cherry Valley, Illinois, to approve the above described vacation."

_____ (owner)       (Parcel)       (date)

 

(b)

CERTIFICATION BY NOTARY PUBLIC:

"I, ____________ , a Notary Public in and for the County of Winnebago, in the State of Illinois do hereby certify that ____________ personally known to me to be the same person(s) whose name(s) is (are) subscribed to the foregoing instrument, appeared before me this day in person and delivered said instrument and (severally) acknowledged that he (they) signed, sealed as his (their) free and voluntary act for the uses and purposes herein set forth.

"Given under my hand and Notarial Seal this ____________ day of ____________ , A.D. 2 ____________ ."

_____ NOTARY PUBLIC

 

(c)

CERTIFICATION BY THE VILLAGE ENGINEER OR DESIGNATED ENGINEER:

"I hereby certify that this vacation is approved."

_____ VILLAGE ENGINEER       Date   OR DESIGNATED ENGINEER

 

(d)

CERTIFICATION BY VILLAGE CLERK:

"This is to certify that the Board of Trustees of the Village of Cherry Valley did, at its meeting of the ____________ day of ____________ , 2 ____________ , approve the annexed vacation and direct the Village Plat Officer to certify final approval for and in the name of the Village of Cherry Valley in the State of Illinois, upon evidence of a receipt of the Village Treasurer in the amount of $ ____________ .

_____ VILLAGE CLERK

 

(e)

CERTIFICATION BY THE VILLAGE PLAT OFFICER:

"The annexed vacation is hereby approved this ____________ , day of ____________ , 2 ____________ ."

_____ PLAT OFFICER

 

(f)

CERTIFICATION BY THE COUNTY SUPERINTENDENT OF HIGHWAYS:

"The annexed vacation is hereby approved this ____________ , day of ____________ , 2 ____________ ."

_____ DISTRICT ENGINEER OF THE ILLINOIS DEPARTMENT OF TRANSPORTATION

 

(g)

CERTIFICATION BY THE DISTRICT ENGINEER OF ILLINOIS DEPARTMENT OF TRANSPORTATION:

"The annexed vacation is hereby approved this ____________ , day of ____________ , 2 ____________ ."

_____ DISTRICT ENGINEER OF THE ILLINOIS DEPARTMENT OF TRANSPORTATION

 

(h)

CERTIFICATION BY PUBLIC UTILITY INVOLVED:

"I ____________ , of ____________ , hereby approve the annexed vacation this ____________ day of ____________ , 2 ____________ ."

_____ (State capacity with the public utility)

 

(i)

FORM FOR CERTIFICATION OF RECORDING OFFICIAL:

"Filed for record this ____________ day of ____________ , 2 ____________ , at ____________ o'clock ____________ .M. Recorded in Book ____________ , of Plats. Page ____________ and examined."

	_____ COUNTY RECORDER
Document Number _____

 

(d)

Fees. A fee for vacation of streets or alleys shall be paid by the petitioner, such fee to be paid for each square foot of land sought to be vacated, multiplied by the average of the full fair cash market value per square foot of the premises adjacent thereto. Such full fair cash market value shall be that currently used for tax assessment purposes. A fee of $1.00 per lot or sublot shall be paid by the petitioner seeking vacation of lots or sublots. All such vacation fees shall be paid to the village treasurer before final approval is certified by the plat officer.

(e)

Resubdivision in lieu of vacation. It shall not be necessary to vacate a plat or part thereof in order to proceed according to the procedure and standards for subdivision required by this chapter shall automatically constitute vacation of a prior plat or part thereof; provided, however, that monetary remuneration shall be paid to the village treasurer in consideration of the excess of public property vacated over the rededicated in the replat, and provided further that any such resubdivision shall not vacate any prior public utility easement arising from a prior plat or separate grant of easement.

(f)

Cancellation of bonded contracts. Bonded contracts for the improvement of platted streets or alleys shall be automatically canceled upon vacation of such platted streets or alleys.

(Code 1974, § 18-9)