2002-01 VACATING PORTION OF STREETS - 2200 BLOCK NORTH UNION STREET - 300-500 BLOCKS WEST HAY STREET

Home Browse Search

COUNCIL MEMORANDUM #2001-25 December 27, 2001 TO: The Honorable Mayor and City Council Members FROM: Steve G City Manager John Couter, orporation Counsel y !L; �� RE: Vacation of Hay and Union Streets Summary Recommendation: Staff recommends that Council pass the vacation ordinance submitted with this memo,which enables Decatur Memorial Health Foundation to acquire title to the vacated streets. Background: On December 17, the Council approved Ordinance No. 2001-82, which vacated portions of Hay and Union Streets at the request of Decatur Memorial Foundation (the "Foundation"). The understanding of both the Foundation and City staff was that the Foundation would take title to the vacated right-of-way for the use of Decatur Memorial Hospital, subject to various agreements with the City and St. Thomas Church. The ordinance was drafted in the normal and customary manner, which by law provides for the vesting of title to the vacated streets in the adjacent property owners. Unfortunately, due to a lack of communication between City staff and the Foundation on this point, this form of ordinance might not accomplish the desired ends because the Foundation does not own all of the adjacent property. Therefore, the actual result of the vacation as approved would be that some adjacent property owners might acquire some portion of the former Hay Street, even though they did not pay any portion of the consideration for same to the City- this would not only fiustrate the purpose of the vacation, but it would result in an unjustified windfall to the adjacent property owners. In order to correct this situation and achieve what City staff, the Foundation and (we believe) the Council intended, it is necessary for the Council to approve a new vacation ordinance. Illinois law was recently amended to provide that a city could vacate streets such that the title would vest in only that adjacent owner which paid the consideration for the vacation, which is exactly the result intended here. To accomplish that result, Section 3 of the previous ordinance (No. 2001-82) must be modified in accordance with that statutory amendment to provide that the Foundation only will acquire title to the vacated portions of street. Accordingly, a new ordinance with an amended Section 3, and which repeals the earlier ordinance, has been prepared and is submitted herewith for the Council's consideration. Staff recommends approval of the ordinance.