5321 VACATING A PORTION OF STREET - SAMUELS STREET

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' �• ' � 2 WI-�REAS, said portion of said Samuels Street is no longer useful to the public or to the City as a street in its current location but could become so useful if relocated as proposed by petitioner; and WHEREAS, the public interest will be subserved by vacating the existing portion of said Samuels Street and the public will be relie ved from the further burden and responsibility of repair- ing, repaving and further maintaining the existing portion of said street and will be further subserved by the construction by peti- tioner of a ne w street relocated as proposed. NOW THEREFORE� BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DECATUR, ILLINOIS: Section 1. That the petition of Archer, Daniels, Midland Compan y .for the vacation of existing Samuels Street as aforesaid and the relocation thereof proposed therein along with the Agreement of Goodale Trust No. 1 as aforesaid in support of said petition, said petitioner and said Trust being the owners of all lands abutt- ing said portion of Samuels Street. be received and placed on file. Section 2. That upon the c onditions hereinafter set out, the above described portion of said street be, and the same is here- by, vacated as a pu blic street or way inasmuch as the same is no longer required for public use as a street and the public interest " as set out above will be subserved by such vacation and the public will be relieved from any further burden or responsibility of re- pairing, repaving and maintaining said portion of said street, which said portion is shown on the plat the reof he reto attached and here by made a part hereof. Section 3. That the vacation of said street shall become ef- fective upon the construction and dedication by petitioner and accept- ance by the City of a ne w street to be constructed at the expense of petitioner in accordance with plans and specificat�ns to be approved by the Department of Public Works and extending from East Division Street northerly over a right-of-way 50 feet in �adth along the w�est side of Lots 5 and 8 of Race-Land Plat C, an Addition to the City of Decatur, as per Plat recorded in Book 335, page 194 of the Records in the Recorder 's Office of Macon County, Illinois, northerly to the south line of East Faries Parkway. Section 4. That there is hereby reserved in, over, along and under that portion of Samuels Street hereinabove vacated to the City of Decatur, Illinois, and to the public and to those utilities and companies as the case may be owning public service facilities, mains, sewers, telephone and electrical or other public utilities now exist- ing therein, such property, rights-of-way and easements as are or may be necessary or desirable for continuing pu blic service by means of such facilities and for the maintaining, renewal and reconstruc- tion thereof with the right of ingress and egree for such purposes.