HomeMy WebLinkAboutOrdinance #0967\ t ., '
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ORDINANCE NO. 967
AN ORDINANCE REGULATING THE PARKING OF MOTOR VEHICLES UPON LINN
FARMS, INC., PARKING AREAS BEING GENERALLY LOCATED AT ADDRESS OF
845 THROUGH 885 N. MAIN STREET, CANTON, ILLINOIS
WHEREAS, Linn Farms, Inc., an Illinois corporation, is the owner of
a "Shopping Center" which controls a parking area located within the
corporate limits of the City of Canton, Illinois, all as contemplated
by Chapter 95~, X11-209, Illinois Revised Statutes (1981); and,
WHEREAS, Linn Farms, Inc., has contracted with the City of Canton,
Illinois pursuant to said X11-209 and has thereby empowered the City of
Canton to regulate the parking of motor vehicles on said parking area.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL GF THE CITY OF
CANTON, Fulton County, Illinois as follows:
1. That the following words or phrases shall be construed and have
the meaning or definition set forth:
a. "Park," or "parking" means the standing of a motor vehicle,
whether occupied or not, otherwise than when temporarily and actually
engaged in the loading or unloading of merchandise or passangers.
b. "Parking area" means that area provided for the use of
motor vehicles in connection with tree business establishments now
or hereafter located in the "Shopping Center" and "Parking Area"
hereinafter set forth, all being generally located at address of
845 through 885 N. Main Street, in the City of Canton, Illinois,
on the following described real property:
A part of the 1`dE a of Section 27, Township 7
North, Range 4 East of the Fourth Principal
Merdian, bounded and described as follows:
Commencing 5 chains and 50 links west of the
northeast corner of said NEB of said Section
27, running thence south 5 chains, thence
south 88° west 13 chains and 50 links, thence
south 2 chains and 18 links, thence south 82°
west 8 chains and 50 links to the center of
the Canton and Farmington road, thence North
19° west along the center of the Canton and
Farmington road 8 chains and 69 links, more
or less, to the north section line of said
Section 27, and thence east on said section
line 23 chains and 95 links, more or less,
to the place of begining; EXCEPTING therefrom
the following described tract: Part of the
NEq of Section 27, Township 7 North, Range
4 East of the Fourth Principal Merdian, more
particularity described as follows: Commencing
on the north line of Section 27, 365.23 feet
west of the northeast corner of Section 27 and
0.35 feet north of the center of a 3-inch iron
fence post set in concrete, the same being the
northwest corner of certain Park property,
thence, South 0° 52' 41" west 331.43 feet to
an iron fence post as above described, thence
south 880 55' 49" west 889.42 feet to an iron
fence post as above described, thence south
1° 37' 21" west 143.26 feet to an iron fence
post as above described, thence south 82° 44'
13" west 108.55 feet to a concrete marker, thence
north 0° 21' 21" east 495.77 feet along the west
line of First Avenue extended northerly to a
concrete marker on the north line of Section 27,
Township 7 North, Range 4 East of ~he Fourth
Principal Merdian, thence north 89 28' 23"
east along the north line of Section 27, 1003.4
feet to the point of begining, containing
8.102 acres, more or less, all being situated
in the City of Canton, County of Fulton and
State of Illinois, containing 6.538 acres,
more or less.
2. That it shall be unlawful for any person to park a motor
vehicle at any place in or on the parking area herein contemplated
during the time period from 11:00 o'clock P.M. to 7:00 o'clock
A.M., local time, Sunday through Saturday.
3. That it shall be unlawful for any person, not actively
utilizing or patronizing the business facilities located on said
premises, to park a motor vehicle at any time at any place in or
on the parking area herein contemplated during the time period
from 7:00 o'clock A.M. to 11:00 o'clock P.M., local time, Sunday
through Saturday.
4. That, notwithstanding any of the foregoing, it shall be lawful
for the aforesaid owner, said owners lessees, and each their respective
agents or officers to park upon said parking area at any time, or,
to authorize some other person to park thereon at any time.
5. That it shall be prima facie evidence that any person who
parks a motor vehicle in or on said parking area during the periods
herein prohibited is not authorized to do so and is not actively
utilizing said business establishments.
6. That the Street Superintendant of this City shall cause
appropriate signs to be posted informing persons of this Ordinance.
7. That any person who violates any of the provisions hereof
shall be punished by a fine of not less than $5.00 nor more than
$200.00 for each such violation.
8. That this Ordinance shall be in full force and effect ten
days after its passage by the City Council of the City of Canton,
Fulton County, Illinois, approval by the Mayor thereof, filing in
the County Recorder of Deeds Office, and publication in pamphlet
form as provided by law.
PASSED by the City Council of the City of Canton, Fulton County,
Illinois at a regular meeting this 15th day of March ,
1983 upon a roll call vote as follows:
AYES: Aldermen Horr, Larsen, Carl, Grant, Sarff, Savill, Hammond.
NAYS: None.
ABSENT: Alderman Kovachevich.
APPROVED:
onald E. Edwards, Mayor.
ATTEST:
Nan y White , City Clerk.
1 ~
CITY OF CA?3TON
O~DI~Ai~CE riO. 967
ADOPTED BY THE
CITY COLVCIL
OF THr.
CITY OF CA~ITOV
THIS 15th DAY OF March 19 83,
Published in pamphlet form by authority of the City Council of the
r City of Canton, Fulton County, Illinois, this lfith day of March. ,
19 83
ST~.TE OF ILLIETOIS, )
SS.
COLS: T Y OF FULT0~1. ) "
I, the undersigned, certify that I am the duly elected and acting
City Clerk of the City of Canton, Fulton County, Illinois.
I further certify that on March 15th 19 83 the Corporate
Authorities of the aforesaid ~?unicipality~passed and approved the afore-
sai d Ordinance No. 967 entitled REGULATING THE PARKING OF MOTOR VEHICLES
i1P~N 1INN FARMS,~,~.~ PARKING AREAS BEING GENERALLY LOCATED AT ADDRESS F 8 H
Rf~.~i N MAIN STREET, CANTON~ILLINOIS.
~ahic:~ provided by its tez-:s than il- s ould be published isz pan"phlet ors.
The pamphlet form. of the aforesaid Ordinance No. 967 including
the Ordinance and a cover sheet thereof was prepared, and a copy of such
Ordinance T•ras posted in the City Building, 210 E. Chestnut Street, Canton,
Illinois , commencing on M,~„h , ti+h 19 and continuing for
at least ten (10) days t'nerea~ter`. Copies of such rdinance were also
available for public inspection upon request in the Office of the City
Cler'r:.
DATED at Canton, Illinois this 16th day of March ~ lg 83
Ci ler .
(S E A L)
AGREEMENT FOR REGULATION OF PARKING
AND TRAFFIC CONTROL OF MOTOR VEHICLES
THIS AGREEMENT, made and entered into this 15th day of March ,
1983, by and between LINN FARMS, INC., an Illinois corporation, here-
inafter referred to as "Owner," and the CITY OF CANTON, an Illinois
municipal corporation, hereinafter referred to as "City,"
WITNESSETH:
WHEREAS, Owner owns and controls certain buildings and real property,
to include private parking areas, which serve as a method of ingress
and egress to commercial buildings and establishments presently _
occupied by: Ben Franklin/Gambles, Kelley's Big Value/Standard Gas
Station/Sea Fare Restaurant/Maytag Home Style Laundromat/Ideal Cleaners,
all being situated upon real property being legally described as set
forth in Exhibit A hereto attached; and,
WHEREAS, the Owner allows parking upon said premises for the use
and convenience of persons using and patronizing the businesses situate
thereon; and,
WHEREAS, said premises, business establishments and parking area
herein described is wholly within the corporate limits of the City;
and,
WHEREAS, Owner is the "owner" of a "shopping center" as defined
in Chapter 95~, §11-209, Illinois Revised Statutes (1981).
NOW, THEREFORE, in consideration of the mutual covenants, conditions
and requirements heretofore and hereinafter set forth, and, further,
in consideration of the benefits herein, both public and private, the
City agrees to attempt to control parking on the parking lot or area
of Owner in the following respects:
1. That the City shall adopt a comprehensive parking policy
providing for no parking on Owner's premises during the following
times:
a. Between 11:00 o'clock P.M. and 7:00 o'clock A.M., local
time, Sunday through Saturday; and,
b. Between 7:00 o'clock A.M. and 11:00 o'clock P.M., local
time, Sunday through Saturday, unless the owner or driver of the
parked motor vehicle is then actively using or patronizing one or
more of the businesses located on Owner's premises; and,
c. That, notwithstanding any of the foregoing, it shall be
lawful for the said Owner, Owner's lessees, and each their respective
agents or officers to park upon said parking area at any time, or,
to authorize some other person to park thereon at any time.
2. That the City, through its officers and employees, shall make
an inspection of the parking area to determine what signs, if any,
are necessary for the implementation of the parking policy herein
set forth. That the City, through its officers and employees as
aforesaid, may suggest to Owner the creation and placement of signs
which the City feels necessary for implementation of said parking
policy.
3. That, except as above provided, all regulatory signs shall be
prepared, established and installed at the sole cost of Owner. It is
understood by the parties hereto that the City shall not install or
contract for the installation of any signs or any other items of any
nature to implement said parking policy.
4. That the authorization contained herein under the terms of
this agreement, is in addition to any other authority of the City
existing by reason of any Statute of the State of Illinois or
Ordinances of the City, and that this agreement shall not be construed
to be in lieu of any such other Statute or Ordinance or to in any
way limit such other Statute or Ordinance.
5. This agreement shall continue in full force and effect from
the date of its signing until terminated by written notice as herein-
after provided.
6. Either party to this agreement may terminate said agreement by
giving the other party written notice of intent to terminate this
agreement. For purposes of this paragraph, "written notice" shall
mean a written document requesting termination of this agreement, said
document to be sent Certified Mail, Return Receipt Requested. This
agreement shall then terminate automatically on the 30th day following
receipt of said written notice of termination. Upon the termination
of this agreement, as herein provided, this agreement shall become
wholly null and void and of no legal force or effect.
7. Owner agrees, upon the ratification of this agreement, at his
own expense to cause to be recorded in the Office of the Recorder of
Deeds, Fulton County Courthouse, Lewistown, Illinois a certified copy
of this agreement together with a certified copy of any Ordinance
passed by the City in the implementation of this agreement.
8. The-City acknowledges that nothing contained in this agreement
shall ever be construed as a dedication by Owner to City of any
portion of the premises set forth in Exhibit A hereto, or of any
interest of whatsoever nature therein.
9. That this agreement shall be in full force and effect upon
the ratification of the same by a majority vote of the corporate
authorities of the City and upon the approval hereof by the Mayor
and attestation by the City Clerk of said City.
ATTEST:
LINN FARMS, INC.,by:
Its President.
C porate Secret
CITY OF CANTON, by:
Mayor.
.'
ATTEST:
City Clerk.
A part of the NE4 of Section 27, Township 7
North, Range 4 East of the Fourth Principal
Merdian, bounded and described as follows:
Commencing 5 chains and 50 links west of the
northeast corner of said NEa of said Section
27, running thence south 5 chains, thence
south 88° west 13 chains and 50 links, thence
south 2 chains and 18 links, thence south 82
west 8 chains and 50 links to the center of
the Canton and Farmington road, thence North
19° west along the center of the Canton and
Farmington road 8 chains and 69 links, more
or less, to the north section line of said
Section 27, and thence east on said section
line 23 chains and 95 links, more or less,
to the place of begining; EXCEPTING therefrom _
the following described tract: Part of the
NE; of Section 27, Township 7 North, Range
4 East of the Fourth Principal Merdian, more
particularily described as follows: Commencing
on the north line of Section 27, 365.23 feet
west of the northeast corner of Section 27 and
0.35 feet north of the center of a 3-inch iron
fence post set in concrete, the same being the
northwest corner of certain Park property,
thence, South 0° 52' 41" west 331.43 feet to
an iron fence post as above described, thence
south 880 55' 49" west 889.42 feet to an iron
fence post as above described, thence south
1 37' 21" west 143.26 feet to an iron fence
post as above described, thence south 82° 44'
13" west 108.55 feet to a concrete marker, thence
north 00 21' 21" east 495.77 feet along the west
line of First Avenue extended northerly to a
concrete marker on the north line of Section 27, .
Township 7 North, Range 4 East of the Fourth
Principal Merdian, thence north 890 28' 23"
east along the north line of Section 27, 1003.4
feet to the point of begining, containing
8.102 acres, more or less, all being situated
in the City of Canton, County of Fulton and
State of Illinois, containing 6.538 acres,
more or less.
EXHIBIT A