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Home My WebLink AboutOrdinance #1563~..' r c ORDINANCE NO. 1563 An Ordinance Vacating Parts of a North/South Alley and Lying Between Lots 71 and 72 in Hipple's Subdivision of Lots 4, 7, 8 and 15, French's Addition to the Town, now City of Canton, Fulton County, Illinois and an East/West Alley Lying Between Lots 71 and 72 and Lots 50 and 71 In Hipple's Subdivision of Lots 4, 7, 8 and 15, French's Addition to the Town, now City of Canton, Fulton County, Illinois WHEREAS, it appears to the City Council of the City of Canton, Illinois, that 65 ILCS 5/11-91-1 provides in pertinent part that whenever the corporate authorities of any municipality in the State of Illinois determine that the public interest will be subserved by vacating any street or alley, or part thereof, within their jurisdiction in any incorporated area, that said municipality may vacate that street or alley, or part thereof, by ordinance; and WHEREAS, it appears to the City Council of the City of Canton that, after due and proper notice as required by 65 ILLS 5/11-91-1, a public hearing was held before the Planning & Zoning Commission of the City of Canton, Illinois, and, after said public hearing, the said Planning & Zoning Commission unanimously recommended to the City Council a finding that the alleys hereinafter described be vacated; and, WHEREAS, the corporate authorities of the City of Canton, Fulton County, Illinois, have determined that the public interest will be subserved by vacating a part of North/South Alley and part of an East/West Alley lying between Lots 71 and 72 and Lots 50 and 71 in Hipple's Subdivision of Lots 4, 7, 8 and 15, French's 10.10.97geb.ak A:\KPC\Ordinance ~- ~` ~ V Addition to the Town, now City of Canton, Fulton County, Illinois, all as more particularly hereinafter described; and WHEREAS, the Alleys described herein and the properties contiguous thereto are wholly within the jurisdiction and corporate limits of the City of Canton, Illinois; and WHEREAS, the corporate authorities of the City of Canton, Illinois, have determined that the relief to the public from the further burden and responsibility of maintaining the alleys hereinafter described, together with the public being freed from potential liabilities for injuries to the traveling public resulting from defects in said alleys, all of which constitute a public use or public interest authorizing the vacation of said alleys hereinafter set out; NOW THEREFORE AND BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, FULTON COUNTY, ILLINOIS: Section 1. That the City Council of the City of Canton, Fulton County, Illinois, hereby finds the foregoing recitals to be fact. Section 2. That the following portion of the North/South Alley lying between Lots 71 and 72 in Hipple's Subdivision of Lots 4, 7, 8 and 15, French's Addition to the Town, now City of Canton, Fulton County, Illinois, shall be and the same is hereby vacated: An Alley which is 16 feet in width, more or less, and described as follows: Commencing at the Southwest Corner of Lot 72 in Hipple's Subdivision of Lots 4, 7, 8 and 15, French's Addition to the Town, now City of Canton, Fulton County, Illinois; thence North along the West line of said Lot 72 a distance of 185 feet, more or less, to the Northwest Corner of said Lot 72; thence West 16 feet, 10.10.97geb.sk A:\KPC\Ordinance 2 more or less, to a point in an existing East-West alley, which point is 14 feet, more or less, South of the Southeast Corner of Lot 50 in said Hipple's Subdivision; thence South 11.08 feet, more or less, to the Northeast Corner of Lot 71 in said Hipple's Subdivision; thence South along the East line of said Lot 71 in Hipple's Subdivision a distance of 173.92 feet, more or less, to the Southeast Corner of Lot 71 in said Ripple's Subdivision; thence East 16 feet, more or less, along the North right-of-way line of West Chestnut Street to the Southwest Corner of Lot 72 in Ripple's Subdivision, being the point of beginning, situated, lying and being in the City of Canton, County of Fulton and State of Illinois. Section 3. That the following portion of the East/West Alley lying between Lots 71 and 50 in Ripple's Subdivision of Lots 4, 7, 8 and 15, French's Addition to the Town, now City of Canton, Fulton County, Illinois, shall be and the same is hereby vacated: The South 11.08 feet, more or less, of an Alley which borders Lot 71 in Ripple's Subdivision of Lots 4, 7, 8 and 15, French's Addition to the Town, now City of Canton, Fulton County, Illinois, described as follows: Commencing at the Northwest Corner of Lot 71 in said Ripple's Subdivision; thence North parallel with the East line of said Lot 71 of Ripple's Subdivision, as extended, 11.08 feet, more or less, to a point in the existing alley, said point being a point which is 14 feet, more or less, South of the Southwest Corner of Lot 50 of said Ripple's Subdivision; thence East parallel with the South lot line of said Lot 50, a distance of 50.14 feet, more or less, to a point in the existing alley which is 14 feet, more or less, South from the Southeast Corner of said Lot 50 in Ripple's Subdivision, said point also being 11.08 feet, more or less, North of the Northeast Corner of Lot 71 in said Ripple's Subdivision; thence South parallel with the West lot line of said Lot 71, Ripple's Subdivision, a distance of 11.08 feet, more or less, to the Northeast Corner of Lot 71 of said Ripple's Subdivision; thence West 50.14 feet, more or less, along the North line of said Lot 71, Ripple's Subdivision, to the Northwest Corner of said Lot 71, Ripple's Subdivision, to the point of beginning, situated, lying and being in the City of Canton, County of Fulton and State of Illinois. 10.10.97geb.sk A:\KPC\Ordinance 3 ~. ti Section 4. That the aforesaid vacation of each of the foregoing alleys is specifically made subject to an easement or easements that lay across the aforesaid vacated alley for the purpose of maintaining, constructing, or reconstructing 'public utilities now existing therein, if any. Section 5. The City Clerk of the City of Canton, Illinois, is hereby directed to cause a certified copy of this ordinance to be filed with the Office of the Fulton County Recorder of Deeds immediately upon the passage and approval of this Ordinance. Section 6. This Ordinance shall be in full force and effective immediately upon it's passage by a three-fourths (3/4) majority vote of the aldermen holding office in the City of Canton, Fulton County, Illinois, at a regular meeting thereof on the 4th day of NovemUer ~ 1997, upon a role call vote as follows: AYES : Aldermen Hartford, Phillips , NAYS : Nome. Sarff, Meade, Ndi.ffer, Shores, May . ABSENT : ~~ 2~1o11eCk. ATTEST: a y S. Whites, City Clerk APPROVED: ~~,~~ onald E. Edwards, Mayor 10.10.97geb.sk A:\KPC\Ordinance 4 _--- ~ (173.25') ~ o (173.25') ~ ~ m O ~ ~~ o E o ~ rN+rt s ~ = ,., ~ ~= ~ -~ ° a ~ ~.. ~~ y s ~ /~ ~~ ~~FS ~ `~ m ~ ~ ~~ v ~~~...~~~111''''111 ,« y. 7 ~ ~ y ~ v ~ O/~Y/O O rt V ~ n~ ~ a ~ o (173.25) -• 1(v'~J~ o m ~ ~ y ° 15.84' 15.84' ~' ALLEY 15.84' ~ ~. cp rt .. ~ ~~ C~ ~ O N O ~ 0 M ,~ a ~ ~ o ~ y ~, (173.25) ~, 14 (17325') ~= ~ ~ ~ ~ (185) (172') n c v S; a y -~ /~ ~ I I m ~ o o `~ - o o~ ~o c~ ---------Itil cn ~ p a n. ~ - - -(185') - _ v ~ ~ I..~ F~F/l/C,S,, -~ o ~ ,~ (135) -.~(50~) 121v `s A .. ~ ~ ~ I I ~ ~ (65) ~ OO/T/~N -~r~v -------I ~I°Iw ~---- -~, = y., 2AO ~ ~ ~,~~~ (135) (5p') (172') • . , D,s ,,,....•' ~~~~~ CLAUDON, LLOYD, BARNHART & BEAL, LTD. ATTORNEYS AT LAW 121 WEST ELM STREET JAMES E. LLOYD CANTON, ILLINOIS 61520 GARY E. BARNHART TELEPHONE (309) 647-6300 BRUCE C. BEAL FAX (309) 647-0022 October 14, 1997 Nancy S. Whites City Clerk 210 E. Chestnut St. Canton, IL 61520 CHESTER J.CLAUDON OF COUNSEL Re: Guy and Allison Coleman Alley Vacation Dear Nancy: Find enclosed a proposed Ordinance for the vacation of the alleys between the two properties owned by Guy and Allison Coleman and the vacation of 11.08 feet of the alley North of Lot 71, owned by Allison Coleman to "square up" the Coleman properties. This matter should be placed on the agenda for a first reading at the council meeting on October 21 and be placed on its passage on Tuesday, November 4. If I have my dates wrong, please advise me immediately. Otherwise, I will plan on attending the November 4 meeting unless I hear otherwise from you, the Mayor or Jim Elson. I am providing Jim Elson with a copy of this Ordinance as well as a copy of this letter. If you have any questions, don't hesitate to contact me. Sincerely, BARNHART &BEAL, LTD . GEB/sk Enc. cc: James J. Elson (w/enc.) CLAUDON, LLOYD, BARNHART & REAL, LTD. ATTORNEYS AT LAW 121 WEST ELM STREET JAMES E. LLOYD CANTON, ILLINOIS 61520 GARY E. BARNHART TELEPHONE (309) 647-6300 BRUCE C. BEAL FAX C309) 647-0022 November 5, 1997 Nancy Whites, City Clerk Canton City Building 210 East Chestnut Street Canton, IL 61520 RE: Guy E. Coleman Vacation of Alley Dear Nancy: CHESTER J. CLAUDON OF COUNSEL I assume that Mr. Coleman will be required to record the Ordinance that was passed this evening (Tuesday, November 4, 1997), vacating those portions of the alley between his properties. Please forward that Ordinance directly to me for recording and I will see to the recording thereof. If the City does the recording, please have the recorded document returned to my office so that I can deliver same to Mr. Coleman, together with a package of other documents I have for him in this regard. As always, thanks for your cooperation in this matter. Sincerely, CLAUDON, LLOYD, BARNHART & BEAL, LTD. BY GEB/sb cc: Guy E. Coleman James J. Elson, City Atto in~~ pA~~__..._. ~ ~'''~ ~c~yoFC~r ~OO~j~ FAXx 309-~~-0020 309-64~-1310 ~ ~ ~ ~~ ~~~ ~~ ~~~ ~'~~- ~.~~~ ~ . °~. . ~ _ ~, ~~ti~~~~