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Home My WebLink About#4103 Vacating a Portion of Alley 1111111/1 Hi III 8 0 0 2 5 3 6 Tx:4001665 1880583 LAMES I. NELSON COUNTY CLERK&RECORDER FULTON COUNTY,IL RECORDED ON 04/25/2018 10:15 AM RECORDING FEE 67.00 PAGES:6 The Above Space for Recorder's Use Only • ORDINANCE NO#4103 AN ORDINANCE VACATING A PORTION OF AN ALLEY DESCRIBED AS THE EAST 21 FEET OF THE NORTH 10 FEET OF LOT 32 IN JONES' SECOND ADDITION TO THE CITY OF CANTON, FULTON COUNTY, ILLINOIS. WHEREAS, Section 11-91-1, et seq., of the Illinois Municipal Code, 65 ILCS 5/11-91-1, provides, in 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, they may vacate that street or alley, or part thereof, by an ordinance; and WHEREAS, Section 11-91-1 of the Illinois Municipal Code also provides that the ordinance vacating any street or alley, or part thereof, shall be passed by the affirmative vote of at least three-fourths of the alderman, trustees or commissioners then holding office; 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 portion of the alley described as the East 21 feet of the North 10 feet of Lot 32 in Jones' Second Addition to the City of Canton, Fulton County, Illinois, which portion of the alley is more particularly described as follows: Part of Lot 32 in Jones' Second Addition to the City of Canton, Fulton County, Illinois, more particularly described as follows: Twenty-one (21) feet off the east side of a strip of land conveyed to the City of Canton to be used for a public alley described in Doc. No. 160300, recorded July 10, 1907 in Book 265, page 554, said strip of land being ten (10) feet off the north side of said Lot 32. The above described Tract contains 210 square feet, more or less. The above described portion of the alley in the City of Canton, Fulton County, Illinois is referenced on the Alley Vacation Exhibit prepared by Maurer-Stutz, Inc., which Alley Vacation Exhibit is attached hereto and made a part of this Ordinance as Exhibit A; and WHEREAS, the above described alley and the properties contiguous to said alley 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 further burden and responsibility of maintaining the above described alley constitutes a public use or public interest authorizing the vacation of said alley. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Canton, Fulton County, Illinois, as follows: I. That the City Council of the City of Canton, Fulton County, Illinois, finds as facts the recitals hereinabove set forth. 2. That the following described alley consisting of the East 21 feet of the North 10 feet of Lot 32 in Jones' Second Addition to the City of Canton, Fulton County, Illinois, be, and the same is hereby vacated, to-wit: Part of Lot 32 in Jones' Second Addition to the City of Canton, Fulton County, Illinois, more particularly described as follows: Twenty-one (21) feet off the east side of a strip of land conveyed to the City of Canton to be used for a public alley described in Doc. No. 160300, recorded July 10, 1907 in Book 265, page 554, said strip of land being ten (10) feet off the north side of said Lot 32. The above described Tract contains 210 square feet, more or less. The above described alley in the City of Canton, Fulton County, Illinois is referenced on the Alley Vacation Exhibit prepared by Maurer-Stutz, Inc., which Alley Vacation Exhibit is attached hereto and made a part of this Ordinance as Exhibit A. 3. That the City of Canton, Illinois retains the right to maintain, operate, repair and replace, by itself or by any licensee or a holder of a franchise from the City of Canton any and all wires, pipes, conduits, sewer mains, water mains, or any other facility or equipment for the maintenance or operation of any utility now located beneath the surface of the alley described as the East 21 feet of the North 10 feet of Lot 32 in Jones' Second Addition to the City of Canton, Fulton County, Illinois herein vacated. 4. That in the event any of the aforementioned utilities are removed or are no longer necessary to be preserved pursuant to consent by the corporate authorities of the City of Canton, Illinois and the utility company or companies operating such utilities, then and in that event the right of the City of Canton, Illinois to maintain, operate, repair and replace said utilities as above provided shall be terminated with respect to the premises herein vacated. 5. That the City Clerk of the City of Canton, Illinois is hereby ordered and directed to have a certified copy of this Ordinance recorded in the Office of the Recorder of Deeds of Fulton County, Illinois immediately upon the passage and approval of this Ordinance. 2 6. That this Ordinance shall be in full force and effect immediately upon its passage by the affirmative vote of at least three-fourths of the aldermen then holding office in the City of Canton, Fulton County, Illinois, and approval by the Mayor thereof. PASSED by the affirmative vote of three-fourths of the aldermen then holding office in the City of Canton, Fulton County, Illinois, at a regular meeting this 171h day of April, 2018, upon a roll call vote as follows: AYES: (I2a { �b,.Lll, (�/-57 dol-r . Pd-frt,. Li,-yf /b-2 NAYS: A.-)L" e ABSENT: cart— A211 / n n/ / j"r Uw,� ATTES : / Kent A. c owell, ayor 1 / Diana Pavley-`ock, City Clerk This document prepared by and return to: JOHN J. McCARTHY Attorney at Law 209 East Chestnut Street Suite 1 Canton, Illinois 61520 3 s ° C ` < z F e Bsc IS I-. 8 S N e = co °._ 3 , 'gC aFP$-gg .c2 I �cii Zll tz§w0in: ig O oI Vie . 8 cC o o J >oo W: !jfi98 xI gg;8gvEIL.0 9�3 g_ „n �+J ° vc ii I z m 'c, ° e 8fl -$s00Ee 4S I jr ill 311N3AV ON003S 1,672) gooerr- z- o-go Cele) ►�� (,OL) . % ;XP Soo-[n-a-go-god$ cN r Z S n I " �--L� S c I o. _ , �z OFA.- tri i� la-a-90-60 t 7 O '- 1.6 Z ° o I •- o £0Ic0_ zz- �� wo go I ow ^ v3 r % li- Y cl Z1.4.-ali-[Z-90_60 w Y O ~ 1 St 61g-.d Up N Lo 6 (1n) (no )/J 181100 N3811e NVA 6.u1N'Vx• uclluaa AMID ZC 1ffI\uoW3OA [qry uoluop u:ol No A "91-LI £3 6113 ueo Muco 00'500L 1 IIZ\L IUZ\11Z\:5 r CITY OF CANTON FULTON COUNTY, ILLINOIS LEGAL DESCRIPTION PART OF ALLEY TO BE VACATED Part of Lot 32 in Jones' Second Addition to the City of Canton, Fulton County, Illinois, more particularly described as follows: Twenty-one (21) feet off the east side of a strip of land conveyed to the City of Canton to be used for a public alley described in Doc. No. 160300, recorded July 10, 1907 in Book 265, page 554, said strip of land being ten (10) feet off the north side of said Lot 32. The above described Tract contains 210 square feet, more or less. S:\241\2017\24117005.00 Canton Gen Eno FY 17-18\Lot 32 Orio Town Canton Alley Vacation\Leoal Description-ALLEY VACATION.doc STATE OF ILLINOIS COUNTY OF FULTON ) SS. I, the undersigned, do hereby certify that I am the duly elected, qualified and acting City Clerk of the City of Canton, County of Fulton, State of Illinois, and as such official, I am the keeper of the records and files of the City Council of the City of Canton, County of Fulton, State of Illinois. I do further certify that the foregoing constitutes a full, true and complete copy of ORDINANCE NO. 4103, being AN ORDINANCE VACATING A PORTION OF AN ALLEY DESCRIBED AS THE EAST 21 FEET OF THE NORTH 10 FEET OF LOT 32 IN JONES' SECOND ADDITION TO THE CITY OF CANTON, FULTON COUNTY, ILLINOIS, passed at the April 17, 2018 regular meeting of the City Council of the City of Canton, Fulton County, Illinois,and approved by the Mayor. I do further certify that the deliberations of the City Council on the adoption of said Ordinance were conducted openly, that the vote on the adoption of said Ordinance was taken openly, that said meeting was a regular meeting called and held in strict compliance with the provisions of the Open Meetings Act of the State of Illinois, as amended, and that the City Council has complied with all the provisions of said Act and with all of the procedural rules of the City Council. IN WITNESS WHEREOF, I hereunto affix my offi 'al signature this 17th day of April, 2018. _ Diana Pavley-Rock City Clerk itt nMwell ROLL CALL VOTE: Ayes: Aldermen Ryan Mayhew, Chris Jump, John Lovell, Craig West, Angela Hale, Tad Putrich, Angela Lingenfelter, Justin Nelson Nays: None Absent: None 4