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HomeMy WebLinkAboutResolution #3129RESOLIff ION PD. 3129 A RE90U1T I ON APPIimV 1 NG A NON-EXCLIUS I VE EASDuE7VT FOR RL~DWAY BEiVI~~]V TFE C 1 TY OF CIWTOIV ADD DAV I D A. ~-TTA AID D 1 RECT 1 NG TI-E M4YOR APD CITY CLERK TO E~CUTE ADD DELIVER SA I D ~DuENT ON Bt7-IAl_F ~ TFE CITY OF CANTON, 1 LL I NO I S. W-IEREAS, the Lake, Buildings & Grounds Committee has determined that it is necessary and in the best interest of the City of Canton to provide a non-exclusive easement for roadway purposes for David A. Bruketta, hereto attached and herein incorporated as Exhibit "A"; and VV-IERFAS, the Canton City Council has made a similar determination. NUAI, 11-EREFORE , BE I T RE90LVED BY T1-E C 1 TY OOI~ 1 L OF TI-E CITY OF CJWfQV, Fulton County, Illinois as follows: 1. That the Non-exclusive Easement for Roadway hereto attached as Exhibit "A" between the City of Canton and David A. Bruketta, is hereby approved. 2. That the Mayor and City Clerk are hereby authorized and directed to execute and deliver said easement on behalf of the City of Canton, Illinois. 3. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Illinois. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular rneeting this 18th day of August, 1992, upon a roll call vote as follows: AYES: Aldermen May, Chapman, Meade, Bohler, Steck, Sarff, Coay, Molleck, NAYS: None. ABSENT ; None , APPF ,~: ~~ Donald E. Edwards, Mayor ATTEST: r ~7'~~ 1 Nancy Whit s, City Clerk NON-EXCLUSIVE EASEMENT FOR ROADWAY KNOW ALL MEN BY THESE PRESENTS that the Grantors, the CITY OF CANTON, an Illinois municipal corporation, for and in consideration of One Dollar and other good and valuable consideration, the receipt of which is hereby acknowledged does hereby Grant, Bargain, Sell and Convey to DAVID A. BRUKETTA, his successors and assigns, a perpetual non-exclusive easement to construct, install, utilize, repair and maintain a roadway from public road 2450E to Grantee's property being 6.366 acres located in the Northwest Quarter of Section 19, Orion Township. Said easement shall be over and across the following land owned by said CITY OF CANTON and shall follow title to the 6.366 acre tract of Grantee: A part of the Northwest Quarter of Section 19, Township 7 North, Range 5 East of the Fourth Principal Meridian described as follows: Beginning at a point on the East line of said Northwest Quarter, 800 feet more or less North of center of Section 19, thence North 482.85 feet more or less to the North line of City of Canton property, thence South 88°20'2$" West a distance of 120 feet thence Southeasterly to a point 50 feet West of the point of beginning, thence East 50 feet to said point of beginning, said tract contains 0.942 acres more or less. Grantee by acceptance of this easement agrees at his expense to maintain said roadway in a state of good repair and to allow a concurrent use thereof by Grantor. Grantor further reserves the right to use the premises for any reason not inconsistent with the grant of this easement. This agreement shall be binding on the parties, their heirs, successors and assigns. IN WITNESS WHEREOF, the said Grantor, pursuant to authorization by the City Council has caused this easement to be executed by its Mayor and attested by its City Clerk this ____~ day of ,1992. CITY OF NTON BY: C , DONALD E. EDWARDS, Mayor ,~ ATTEST: ~ ~ ~ ~ ~ NANCY WHI ES, City Clerk ACCEPTED: DAVID A. BRUKETTA THIS DOCUMENT PREPARED BY THE LAW OFFICES OF JAMES J. ELSON, CHARTERED - 1522 E. Ash Street, Canton, IL 61520 - (309) 647-6622