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HomeMy WebLinkAboutOrdinance #1249 ORDINANCE N0. 1249 AN ORDINANCE VACATING PART OF EAST MAPLE STREET IN THE CITY OF CANTON, ILLINOIS. WHEREAS, Chapter 24, Section 11-91-1, et seq., Illinois Revised Statutes provides, in part, that whenever the corporate authorities of any municipality in the State of Illinois determines 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, the corporate authorities of the City of Canton, Illinois have determined that the public interest will be subserved by vacating a part of East Maple Street in the City of Canton, Illinois, described as follows: All of that portion of East Maple Street lying east of the east right of way line of South Tenth Avenue and west of the west right of way line of the T.P.& W. Railroad; said street being also described as 50 feet north and south and approximately 100 feet long along the north right of way line and approximately 55 feet long along the south right of way line; said parcel containing approximately .089 acres and being in the City of Canton, Fulton County, Illinois. The above described part of East Maple Street in the City of Canton, Illinois is shown on the plat which is attached hereto and made a part hereof; 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 part of East Maple Street constitutes a public use or public interest authorizing the vacation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, ILLINOIS, AS FOLLOWS: 1. The following described part of East Maple Street in the City of Canton, Illinois, be, and the same is hereby vacated, to-wit: All of that portion of East Maple Street lying east of the east right of way line of South Tenth Avenue and west of the west right of way line of the T.P.& W. Railroad; said street being also described as 50 feet north and south and approximately 100 feet long along the north right of way line and approximately 55 feet long along the south right of way line; said parcel containing approximately .089 acres and being in the City of Canton, Fulton County, Illinois. The above described part of East Maple Street herein vacated is shown on the plat which is attached hereto and made a part hereof. 2. 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, 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 East Maple Street herein vacated. 3. 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. 4. That the City Clerk of the City of Canton, Illinois is hereby directed to have a certified copy of this ordinance recorded in the Office of Recorder of Deeds of Fulton County, Illinois. 5. That this ordinance shall be in force and effect immediately upon its passage by the affirmative vote of at least three-fourths of the aldermen holding office of the City of Canton, Illinois and approval by the Mayor thereof. -2- PASSED by the affirmative vote of three-fourths of the aldermen holding office of the City of Canton, Illinois and APPROVED by the Mayor thereof this 6th day of June , 1989 upon a roll call vote as follows: AYES: Aldermen Kovachevich, Zilly, Steck, Sarff, Meade, May, Chapman. NAYS: None. ABSENT: Alderman Bohler, ATTEST: N y Wh tes, City Clerk APPROVED: Donald E. d ands, Mayor. -3- VACATING MAPLE STREET FROM 10?~ AVE TO T.P$W RAILROAD MAPLE STREET All of that portion of East Maple Street lying east of the east right of way line of South Tenth Avenue and west of the west right of way line of the T.P.& W. Railroad; said street bing also described as 50 feet north and south and approximately 100 feet long along the north right of way line and approximately 55 feet long along the south right of way line; said parcel containing approximately .089 acres and being in the City of Canton, Fulton County, Illinois 3GALE ~"=SO' ~r ~ CERTIFICATE STATE CF II,LIAAIS, ) SS. 0~1IY ~' F~.TCN. ) I, i3ancy Whites, City Cleric of the City of Canton, in the County. of F1~lton and State of Illinois, do hereby oertit~i that as the City Cleric of the City - of Canton, I am the keeper of records, minutes, ardin~anea and other bodcs, records and pApera of said City, and that the lb~re~oing is a true and oorr~ect oapy of ORDINANCE N0.1249 AN ORDINANCE VAf~TING PART OF EAST MAPLE STREET IN THE CITY OF CANTON, ILLINOIS, adapted by the City Co~neil of--said city and approved by the M`yar thereof on tha 6tH any of . June --- 19 89 WTII~S~S ty hand and the Cotparate Seal of the City of Canton, Illinois this 27 day of December ~ l9 ~~• ~- t ty (SEAL) CERTIFICATE y~~"4611 starT of furNOfs cauNfv n~ NL' INSTRUMENT,~AED fOk r. " ~ o~--~r1,~c~- K~ 1 ~_9 ~r}~~~ ~ ? T~~T~ RECORDED 1--~~ y~G: _.~~~ ~7 i/'-lir ~ Ji~Lrii~IJl~7 CC{A1IY ~ FtA.T~I. ~ .~' ~r'w~.r;:°y, WUNTY CLERK & REDO'-:~ i R I, Nancy Whites, City Cleric of the City of Canton, in the ~-ty. of Ptiiltan and State of Illi~is, do hereby certiPyi that as the City Cleric of the City of Canton, I am the keeper of records, mdr~utea, ard3r~~oea and other books, records and papers of said City, and that the i'ofre~oirg is a true and correct cony of: . ORDINANCE N0.1249 AN ORDINANCE VACATING PART OF EAST MAPLE STREET IN THE CITY OF CANTON, ILLINOIS. adopted by the city Cancil of said city and approved by the Meyoz thereof pn the 6thi dgy pf June , 19 89 WIII~SS toy hand and the Corporate Seal of the City of Canton, Illi~is this 27 day of December 19 ~_• ~rePared 0~ ~' r~Tu.rr~'~o ._~~ ~i~y ~~ Caws... ~ a ~ ~ E . ~l~,es ~h wT"" ~I ~ ea ~ti'~-rv,, I L ~- t ty ~~~. a ~5.~s~ . ~.~ ~, ; ~~ a . . ! , ,.~., ~•' .~ ~ :~ ~ . .. ~ S~ w~ ~. A p~. D Ua ~ ~ ~ ~~ , -~ s'a ORDINANCE N0. 1249 AN ORDINANCE VACATING PART OF EAST MAPLE STREET IN THE CITY OF CANTON, ILLINOIS. WHEREAS, Chapter 24, Section 11-91-1, et seq., Illinois Revised Statutes provides, in part, that whenever the corporate authorities of any municipality in the State of Illinois determines 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, the corporate authorities of the City of Canton,_ Illinois have determined that the public interest-will be subserved by vacating a part of East Maple Street in the City of Canton, Illinois, described as follows: - All of that portion of East Maple Street lying east of the east right of way line of South Tenth Avenue and west of the west right of way line of the T.P.& W. Railroad; said street being also described as 50 feet north and south and approximately 100 feet long along the north right of way line and approximately_~. 55 feet long along the south right of way line; saicY~ parcel containing approximately .089 acres and beiri~r. in the City of Canton, Fulton County, Illinois. The above described part of East Maple Street in the City of Canton, Illinois is shown on the plat which is attached hereto and made a part hereof; 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 part of East Maple Street constitutes a public use or public interest authorizing the vacation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, ILLINOIS, AS FOLLOWS: 1. The following described part of East Maple Street in the City of Canton, Illinois, be, and the same is hereby vacated, to-wit: ~. All of that portion of East Maple Street lying east of the east right of way line of South Tenth Avenue and west of the west right of way line of the T.P.& W. Railroad; said street being also described as 50 feet north and south and approximately 100 feet long along the north right of way line and approximately 55 feet long along the south right of way line; said parcel containing approximately .089 acres and being in the City of Canton, Fulton County, Illinois. The above described part of East Maple Street herein vacated is shown on the plat which is attached hereto and made a part hereof. 2. ,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, 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 East Maple Street herein vacated. 3. 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 an~'~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. 4. That the City Clerk of the City of Canton, Illinois is hereby directed to have a certified copy of this ordinance recorded in the Office of Recorder of Deeds of Fulton-County, Illinois. 5. That this ordinance shall be in force and effect immediately upon its passage by the affirmative vote of at least three-fourths of the aldermen holding office of the City of Canton, Illinois and approval by the Mayor thereof. 4R -2- 1/0l. a ~~. X53 . Uo i. a +~y. ~s~( PASSED by the affirmative•ote of three-fourths of the r aldermen holding office of the City of Canton, Illinois and ~/ APPROVED by the Mayor thereof this 6th day of June 1989 upon a roll call vote as follows: AYES: Aldermen Kovachevich, Zilly, Steck, Sarff, Meade, hiay, Chapman. NAYS: None. ABSENT: Alderman Bohler. ATTEST: N y Wh tes, City Clerk APPROVED: Donald E. Edwards, Mayor. ~. 1/ -3- ~/ VACA~IN6 MAPLE STREET FROM 10' AVE TO T.P~W RAILROAD W Q S !-- W }- C~ MAPLE STREET _, _~~ ~~ •~ _.. Q,• ~• <t~' VA[ATED Q ~o v°°~~•- o~ ~ r All of that portion of East Maple Street lying east of the east right of way line of South Tenth Avenue and west of the west right of way line of the T.P.& W. Railroad; said street bang also described as 50 feet north and south and approximately 100 feet long along the north right of way line and approximately 55 feet long along the south right of way line; said parcel containing approximately .089 acres and being in the City of Canton, Fulton County, Illinois ~ol. ~ ~9,~Ss 3GA1.E F"=50'