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HomeMy WebLinkAboutResolution #0980... RESOLUTION NO. 9~0 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF CANTON AND LINN FARMS, INC., APPERTAINING TO REGULATION OF PARKING AND TRAFFIC CONTROL OF MOTOR VEHICLES WHEREAS, the Legal and Ordinance Committee has determined that it is in the best interest of the City of Canton to enter into an agreement with Linn Farms, Inc., a true and correct copy of which agreement is hereto attached as Exhibit A; and, WHEREAS, the Canton City Council has made a similar determination. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois as follows: 1. That the Agreement for Regulation of Parking and Traffic Control of Motor Vehicles hereto attached as Exhibit A is hereby approved. 2. That the Mayor and City Clerk are hereby authorized and directed to execute and deliver two original copies of such agreement. 3. That this Resolution shall be in full immediately upon its passage by the City Cou Canton, Fulton County, Illinois and approval PASSED by the City Council of the City of Illinois at a regular meeting this 15th day 1983 upon a roll call vote as follows: force and effect ncil of the City of by the Mayor thereof. Canton, Fulton County, of March , AYES: Aldermen Horr, Larsen, Carl, Grant, Sarff, Savill, Hammond. NAYS : None . ABSENT: Alderman Kovachevich. APPROVED: Donald E. Edwards, Mayor. ATTEST: ~~ ~r a cy Whit City Clerk. 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, Keller'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. RESOLUTION NO. 9gp EXHIBIT A. 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. LINN FARMS, INC.,by: Its President. ATTEST: Corporate Secretary. CITY OF CANTON, by: Mayor. -. ATTEST: . "~ r C ty Cle .. A part of the NE; 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 NE; of said Section 27, running thence south 5 chains, thence south 88° west 13 chains and 50 links, thenc~ 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 88° 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 the 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. EXHIBIT A, AGREEMENT N0.