6029 VACATING EASEMENT (WALTER J. LUHTALA AND VIRGINIA M. LUHTALA)

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, � , ', . .. �",;{rP��E[�,�F� . a ,t . ORDINANCE NO. C'� 9 AN ORDINANCE VACATING EASEN�NT Wf-�REAS, Lot 11 of Montgomery Hills First Addition, as per Plat recorded in Book 1405, page 69 of the Records in the Recor- der 's Office of b4acon County, Illinois, is owned by WALTER J. LUHTALA and VIRGINIA M, LUHTALA of 417 Holly Court, Decatur, Illinois, and is subject to an easement of the City of Decatur, Illinois, for drainage and public utcility purposes over, in and upon the westerly portion th g eof, which said easement is 60 feet in width at the southerly lot line of said lot, extends over the entire depth thereof and is 30 feet in width at the northerly lot line thereof; and, WHEREAS, there has been constructed in, over and upon said lot a storm drain of the City which said storm drain is partly in and partly outsi,de of the easement aforesaid; and, WHEREAS, due to the existen ce of said easement as platted and due to the topography of said lot the buildable area thereof is so reduced as to render improvement thereof diff_icult iF not unfeasible; and, WI-IEREAS, said owners desire to construct a home on said lot and the City is desirous of acquiring an easement therein for that por- tion of said storm drain which was constructed outside the existing easement; and, WI-�REAS, by Yeason of the development of said Addition and of the lots surrounding said Lot 11, it has become apparent that the easterly portion of said existing easement is no longer useful for drainage or for public utility purposes by the City or others and � that the interest of the City and of the public would be subserved / by the vacati on of said easterly portion of said existing easement and the acquisition of a substitutE easement along the east line of said lot and a second easement over the northwest portion of said lot along the caurse of the surface drain heretofore mentione�?.