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HomeMy WebLinkAboutResolution #5383 - temporary easement and dedication of right of way from Gregory and Danita Ellis RESOLUTION NO. 5383 A RESOLUTION APPROVING TEMPORARY EASEMENT AND DEDICATION OF RIGHT-OF-WAY FROM GREGORY AND DANITA ELLIS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON, ILLINOIS,AS FOLLOWS: 1. That the Dedication of Right-of-Way, substantially in the forms as attached hereto as "Exhibit 1," is hereby ACCEPTED and APPROVED. 2. That the Temporary Easement, substantially in the forms as attached hereto as "Exhibit 2," is hereby ACCEPTED and APPROVED. 3. That the City Attorney is authorized to revise the Dedication of Right-of-Way and Temporary Easement as necessary in order to substantially accomplish the purposes set forth therein. 4. Upon proper release of any mortgages by any financial institutions or lenders (if any) against the area described as the Public Roadway in the Dedication of Right-of-Way and Temporary Easement,the Mayor of the City of Canton is authorized and directed to execute said Dedication of Right-of-Way on behalf of the City of Canton. 5. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Illinois, and approval by the Mayor thereof. PASSED by the City Council of the City of Canton,Illinois, at a regular meeting this 5th day of July, 2022,upon a roll call vote as follows: AYES: Alderperson Andra Chamberlin, Justin Nelson, John Lovell, Craig West, Angela Hale,Angela Lingenfelter, Greg Gossett NAYS: None ABSENT: Alderperson Jeff Fritz AP OV V Kent McDowel, Mayor ATTES Diana Pavley-Roc , City Clerk Return to: City of Canton 2 N. Main Street Canton, IL 61520 Prepared by: Christopher J. Jump DAVIS&CAMPBELL L.L.C. 401 Main Street, Suite 1600 Peoria, IL 61602 DEDICATION OF RIGHT-OF-WAY This Dedication of Right-of-Way ("Dedication") is made the day of July, 2022 by and between Gregory H. Ellis and Danita Ellis (collectively "Ellis" or"Grantor") and the City of Canton(the"City"or"Grantee"),an Illinois municipal corporation,for the purposes of dedicating a public roadway or right-of-way known as Cass Place (the "Public Roadway") from Ellis to the City. For and in consideration of Five Hundred Twenty-Five and No/100 Dollars ($525.00)and other good and valuable consideration, in hand paid, the receipt thereof is hereby acknowledged, and the benefits resulting from the maintenance of the Public Roadway, Ellis does, by these presents, grant, convey, and dedicate to the City forever and further releases the City from all damages which may be caused by construction, maintenance and use of the Public Roadway, the Public Roadway,which is legally described as follows: LEGAL DESCRIPTION—RIGHT OF WAY PARCEL Part of Lots 1 and 2 of Block 7 in Fairview Heights Addition to the City of Canton, Fulton County, Illinois, more particularly described as follows: Beginning at the southwest corner of said Lot 1, thence North 00°31'46"East(bearing based on the Illinois State Plane Coordinate System,NAD83 (2011), West Zone) along the west line of said Block 7 a distance of 19.64 feet;thence North 89°04'36"East 88.87 feet to Big Creek, being the property line as described in Warranty Deed recorded December 27, 2001 as Document No. 01-17737; thence South 50109'01" West along said Big Creek 31.71 feet to the south line of said Block 7 a distance of 64.70 feet to the Point of Beginning. The above described Right of Way Parcel contains 1521 square feet, more or less. PIN: Part of 09-08-27-112-009 The above-described Public Roadway is more fully set forth and described on the Right of Way Plat, which is attached hereto as "Exhibit A" and hereby fully incorporated herein. 1 Ellis further authorizes the City, or its elected or appointed officials, employees, representatives, agents, and contractors, to enter into and take full and complete possession of the Public Roadway and Ellis waives any and all rights of any damages which may be caused thereby. By executing below,the undersigned warrant and represent that they have the authority to execute and approve this Dedication. This transfer is exempt under Section 31-45(b) of the Illinois Real Estate Transfer Tax Law. Dated this day of July, 2022. GRANTOR: Gregory H. Ellis Danita Ellis ACCEPTED AND APPROVED: CIT OF NTON 1 A 1 Kent McDowell,Mayor Attest: Diana Pavley-Rock, City Clerk 2 STATE OF ILLINOIS ) SS COUNTY OF FULTON ) I,the undersigned, a Notary Public, in and for said County and State aforesaid,DO HEREBY CERTIFY that GREGORY H.ELLIS,personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his free and voluntary act for the uses and purposes set forth therein. Given under my hand and Notarial Seal this day of July,2022. Notary Public STATE OF ILLINOIS ) SS COUNTY OF FULTON ) I,the undersigned,a Notary Public, in and for said County and State aforesaid,DO HEREBY CERTIFY that DANITA ELLIS,personally known to me to be the same person whose name is subscribed to the foregoing instrument,appeared before me this day in person and acknowledged that she signed and delivered the said instrument as her free and voluntary act for the uses and purposes set forth therein. Given under my hand and Notarial Seal this day of July,2022. Notary Public STATE OF ILLINOIS ) SS COUNTY OF FULTON ) I,the undersigned,a Notary Public, in and for said County and State aforesaid,DO HEREBY CERTIFY that KENT WDOWELL,Mayor of the City of Canton,Illinois,personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his free and voluntary act for the uses and purposes set forth therein. Given under my hand and Notarial Seal this day of July,2022. Notary Public 3 CITY OF CANTON. ILLINOIS GREGORY H EWS & DANITA EWS PT. LOTS 1 k 2, BLK 7, FAIRVIEW HEIGHTS ADDITION P.I.N. 09-08-27-112-009 AREA = 1521 S.F.t OR 0.035 AC.t - X LEGAL DESCRIPTION - RIGHT OF WAY PARCEL N = /••' I Part of Lots 1 and 2 of Block 7 in Fairview Heights Addition to the City of Canton, Fulton County, Illinois, more particularly described as follows: x Beginning of the southwest corner of said Lot 1, thence North 00'31'46' East (bearings based on Illinois State Plane Coordinate System, NAD83 m (2011), West Zone) along the west line of said Block 7 a distance of 19.64 R.O.W. Ot Q feet; thence North 89'04'36" East 88.87 feet to Big Creek, being the W= :a 50.00' (50') c I I I property line as described in Warranty Deed recorded December 27, 2001 as �_ - Document No. 01-17737; thence South 5909'01" West along said Big Creek '1 9� V BLOCK 7 31.71 feet to the south line of said Block 7; thence South 89'19'54' West = 3 09-08-27-11r-009 I ��tr\ I I along the south line of said Block 7 a distance of 64.70 feet to the Point x3, U I GG�•' 09-08-27-125-002 of Beginning. Ar WI The above described Right of Way Parcel contains 1521 square feet, more 13 or less. PROPOSED RIGHT OF WAY N 89'04'36' E - 88.87' I I LEGEND g PROPOSED RIGHT OF WAY LINE y o N O'31'46' E \\ S 50'09'01"I W I ORIGINAL LOT LINE 3 J 19 64 S UNE BLOCK 7 — EXISTING RIGHT OF WAY LINE (63.5') (50')31.71— (50') _� (50') _ ( ) RECORD OR PRIOR SURVEY DATA O 5 a S 89'19'54"W ••• 64.70' \ 1 COMMON OWNERSHIP TIE POINT OF BEGINNNING SW COR., LOT 1 N o - 15+00 / CASS PLACE 16+00 3 Q\ 17i00 0 30' 60' _ /• K o O 3 GRAPHIC SCALE: 1 INCH = 30 FEET a g BEARINGS BASED ON ISPCS NAD83,WEST ZONE g L -V-X—x—x—x=x—X—x—x STATE OF ILLINOIS ) y (s3s') (so') (so') (so') ss Z COUNTY OF PEORIA ) � J Ix r� I I We, Maurer-Stutz, Inc., Illinois Professional Design Firm Number 184-005754, ; do hereby state that we have surveyed part of Lots 1 and 2 of Block 7 in R Fairview Heights Addition to the City of Canton, Illinois, being a part of the Z Northwest Quarter of Section 27, Township 7 North, Range 4 East of the V Fourth Principal Meridian, Fulton County, Illinois, and that in our opinion the O attached plat is a true and correct representation of said survey. 09-08-27�115-001 I 09-OB-27�115-002 e U BLOCK 8 I' Dated at Peoria, Illinois, this day of 2022. S _ I cr \\\\\\\\\Illllllllllllr/' FCeitl 9wk Maurer-Stutz, Inc. pL L N& v ,. ° "e :oar - I I O I !.� ® I O I O I 'eia.• STEVEN '01, B sin a sY C 63 FOPRD E O_ °os" zmz Pr.,ect N u: Steven P. Ford g*�. N93853 :+*Z Illinois Professional Land 035-003653 d)Surveyor -•• License Expires November 30,2022 �''�,,�q'•FORtP Return to: City of Canton 2 N. Main Street Canton, IL 61520 Prepared by: Christopher J. Jump DAVIS&CAMPBELL L.L.C. 401 Main Street, Suite 1600 Peoria, IL 61602 TEMPORARY EASEMENT Gregory H.Ellis and Danita Ellis,husband and wife(collectively"Grantor"),of the County of Fulton and State of Illinois,for and in consideration of One and no/100 Dollar($1.00)and other good and valuable consideration,receipt of which is hereby acknowledged, hereby represents that Grantor owns the fee simple title to and grants and conveys to the City of Canton, Illinois, an Illinois municipal corporation("Grantee"),a temporary easement for the purpose of ingress/egress, construction, reconstruction, demolition, grading, shaping, working room, bridge work, water and/or line relocation/replacement/modification, and other roadway and bridge purposes (collectively "roadway and bridge purposes") on, over, and through the following described real estate: LEGAL DESCRIPTION—TEMPORARY EASEMENT PARCEL Part of Lots 1, 2 and 3 of Block 7 in Fairview Heights Addition to the City of Canton, Fulton County, Illinois, more particularly described as follows: Commencing at the southwest corner of said Lot 1,thence North 0091'46" East(bearings based on Illinois State Plane Coordinate System, NAD83 (2011), West Zone) along the west line of said Block 7 a distance of 19.64 feet; thence North 89°04'36" East 38.39 feet to the Point of Beginning of the Temporary Easement to be described: From the Point of Beginning, thence North 52°49'22" East 93.01 feet; thence South 34°29'08" East 27.50 feet to Big Creek, being the property line as described in Warranty Deed recorded December 27, 2001 as Document No. 01-17737; thence South 50°09'01" West along said Big Creek 51.06 feet;thence South 89°04'36" West 50.48 feet to the Point of Beginning. The above described Temporary Easement Parcel contains 2087 square feet, more or less. PIN: Part of 09-08-27-112-009 The said real estate being also shown by the plat hereto attached and made a part hereof. The above-described real estate and improvements located thereon are herein referred to as the "premises". The right, easement and privilege granted herein shall terminate two (2) years from the execution of this document,or on the completion of the proposed project,whichever is the sooner. Grantor shall have and retain all rights to use and occupy the premises and access to Grantor's remaining property, except as herein expressly granted; provided, however, that Grantor's use and occupation of the premise may not interfere with Grantee's use of the premises for the purposes herein described. Grantor,without limiting the interest above granted and conveyed,acknowledges that upon payment of the agreed consideration, all claims arising out of the above acquisition have been settled, including without limitation, any diminution in value to any remaining property of the Grantor caused by the opening, improving and using the premises for roadway or bridge purposes. This acknowledgment does not waive any claim for trespass or negligence against the Grantee or Grantee's agents which may cause damage to the Grantor's remaining property. This grant shall constitute a covenant, which runs with the land, and shall be binding upon the legal representatives, successors and assigns of Grantor. Dated this day of , 2022. By: By: Gregory H. Ellis Danita Ellis State of Illinois ) ) ss County of Fulton ) This instrument was acknowledged before me on by Notary Public My Commission Expires: CITY OF CANTON. ILLINOIS GREGORY H EWS do DAMTA EWS PT. LOTS 1, 2&3, BLK 7, FAIRVIEW HEIGHTS ADDITION P.I.N. 09-08-27-1 2-009 AREA = 2087 S.F.t OR 0.048 AC.t X LEGAL DESCRIPTION — TEMPORARY EASEMENT PARCEL N /• ' I Part of Lots 1, 2 and 3 of Block 7 in Fairview Heights Addition to the City of Canton, Fulton County, Illinois, more particularly described as follows: :3- an =a x I Commencing at the southwest corner of said Lot 1, thence North 00'31'46" f 1. �F BLOCKI 7 I I / I East (bearings based on Illinois State Plane Coordinate System, NAD83 (2011). m O O O3 O4 West Zone) along the west line of said Block 7 a distance of 19.64 feet; )_.)i R.O.W. thence North 89'04'36" East 38.39 feet to the Point of Beginning of the Lu a""r 5D.00' (50') r S 34'29'O8" E 9 9 a 3 o I I I Temporary Easement to be described: w 09—OB-27-112-009 27.50' H U C `\\,CJJ From the Point of Beginning, thence North 52'49'22' East 93.01 feet; thence PROPOSED South 34'29'08" East 27.50 feet to Big Creek, being the property line as I 9 9 P P Y = 3 TEMPORARY F,r 9/` / 09-08-27-125-002 described in Warranty Deed recorded December 27, 2001 as Document No. W EASEMENT I 9titi 7 01-17737; thence South 50'09'01" West along said Big Creek 51.06 feet; 11 4 PROPOSED I g�A� thence South 89'04'36" West 50.48 feet to the Point of Beginning. RIGHT OF \\ The above described Temporary Easement Parcel contains 2087 square feet, F 436 / �G';'� 09'01" W I I more or less. 3839' 5106 a W LEGEND m N O'31'46" E POINT OF BEGINNNING I S 89'04'36"W I I I PROPOSED RIGHT OF WAY LINE C a J 19 64' TEMPORARY EASEMENT 50.48' S. LINE BLOCK 7 — J (63.5') (50_) (50') _� (50') _L— ORIGINAL LOT LINE cc g EXISTING RIGHT OF WAY LINE ¢ m a ( ) RECORD OR PRIOR SURVEY DATA s POINT OF COMMENCEMENT O� j COMMON OWNERSHIP TIE ° SW COR., LOT 1, BLK. 7 �� N w CASS PLACE o 15+00 / 16+00 Ri s Q 17i00 ~ _ �0 0 30' 60' g � s 8 GRAPHIC SCALE: 1 INCH = 30 FEET STATE OF IWN015 ) BEARINGS BASED ON ISPCS NAD83, WEST ZONE N (50') � I 50 I ) z ' ) 63.5') (50')x COUNTY OF PEORIA SS J I � I I We, Mourer—Stutz, Inc., Illinois Professional Design Firm Number 184-005754, z D. I I I do hereby state that we hove surveyed part of Lots 1, 2 and 3 of Block 7 O in Fairview Heights Addition to the City of Canton, Illinois, being a part of Z the Northwest Quarter of Section 27, Township 7 North, Range 4 East of the v Fourth Principal Meridian, Fulton County, Illinois, and that in our opinion the O attached plat is a true and correct representation of said survey. 0 09-08-27�115-001 I 09—OB-27�115-002 U / I BLOCK 8 I' Dated of Peoria, Illinois, this day of 2022. cr `,,pa�uunngryq ,, Maurer—Stutz, Inc. �d' °.BY. V : 8TEVf3JDR—.By. P m S By: FORD vNoz�x°:mn Steven P. Ford *'; N?3653 Illinois Professional Land Surveyor #035-003653 %,�j'•.afOR�P•:0�9,��: °a•9' License Expires November 30, 2022 • q •......•• y OF'11-�'�a���,` o t ll 11111l mill III Return to: City of Canton F'ATRI CK O'SRIAN 2 N. Main Street COUNTY CLERYK c,! RECORDER Canton, IL 61520 FUL i r N COUNTY, IL F ECORDEC: ON Prepared by: 0 8�131/2022 09.-56 Aryl RECORDING�x�:•. Christopher J. Jump R'-!-��-°`��`ING FErE 017.01 DAVIS&CAMPBELL L.L.C. PAGES g •` 401 Main Street, Suite 1600 Peoria, IL 61602 DEDICATION OF RIGHT-OF-WAY This Dedication of Right-of-Way ("Dedication") is made the d y of July, 2022 by and between Gregory H. Ellis and Danita Ellis (collectively "Ellis" or"Grantor") and the City of Canton (the"City"or"Grantee"), an Illinois municipal corporation, for the purposes of dedicating a public roadway or right-of-way known as Cass Place (the "Public Roadway") from Ellis to the City. For and in consideration of Five Hundred Twenty-Five and No/l00 Dollars ($525.00) and other good and valuable consideration, in hand paid, the receipt thereof is hereby acknowledged, and the benefits resulting from the maintenance of the Public Roadway, Ellis does, by these presents, grant, convey, and dedicate to the City forever and further releases the City from all damages which may be caused by construction, maintenance and use of the Public Roadway, the Public Roadway, which is legally described as follows: LEGAL DESCRIPTION—RIGHT OF WAY PARCEL Part of Lots 1 and 2 of Block 7 in Fairview Heights Addition to the City of Canton, Fulton County, Illinois, more particularly described as follows: Beginning at the southwest corner of said Lot 1, thence North 00°31'46"East(bearing based on the Illinois State Plane Coordinate System,NAD83 (2011), West Zone) along the west line of said Block 7 a distance of 19.64 feet;thence North 89°04'36"East 88.87 feet to Big Creek,being the property line as described in Warranty Deed recorded December 27, 2001 as Document No. 01-17737;thence South 50°09'01"West along said Big Creek 31.71 feet to the south line of said Block 7 a distance of 64.70 feet to the Point of Beginning. The above described Right of Way Parcel contains 1521 square feet,more or less. PIN: Part of 09-08-27-112-009 The above-described Public Roadway is more fully set forth and described on the Right of Way Plat,which is attached hereto as "Exhibit A" and hereby fully incorporated herein. 1 Ellis further authorizes the City, or its elected or appointed officials, employees, representatives, agents, and contractors,to enter into and take full and complete possession of the Public Roadway and Ellis waives any and all rights of any damages which may be caused thereby. By executing below,the undersigned warrant and represent that they have the authority to execute and approve this Dedication. This transfer is exempt under Section 31-45(b) of the Illinois Real Estate Transfer Tax Law. Dated this Aeday of July,2022. GRANTOR: Gregory H. Ellis Danita Ellis ACCEPTED AND APPROVED: CITY IF C NTON Kent McDowell, Mayor Attest: r f i Diana Pavley= ock, City Cler 2 STATE OF ILLINOIS ) SS COUNTY OF FULTON ) I,the undersigned,a Notary Public, in and for said County and State aforesaid,DO HEREBY CERTIFY that GREGORY H. ELLIS,personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his free and voluntary act for the uses and purposes set forth therein. Given under my hand and Notarial Seal this�day of July, 2022. OFFICIAL SEAL CAROL E KOHLER NOTARY PUBLIC-STATE OF ILLINOIS MY COMMISSION EXPIRES:10/02/22 Notary Publi STATE OF ILLINOIS ) SS COUNTY OF FULTON ) I,the undersigned,a Notary Public, in and for said County and State aforesaid,DO HEREBY CERTIFY that DANITA ELLIS,personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that she signed and delivered the said instrument as her free and voluntary act for the uses and purposes set forth therein. Given this day of July,2022. OFFICIAL SEAL CAROL E KOHLER NOTARY PUBLIC-STATE OF ILLINOIS MY COMMISSION EXPIRES:10/02/22 Notary Public STATE OF ILLINOIS ) SS COUNTY OF FULTON ) I,the undersigned,a Notary Public, in and for said County and State aforesaid,DO HEREBY CERTIFY that KENT McDOWELL,Mayor of the City of Canton,Illinois,personally known to me to be the same person whose name is subscribed to the foregoing instrument,appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his free and voluntary act for the uses and purposes set forth therein. Given under my hand and Notarial Seal this day of July,2022. Notary Public OFFICIAL SEAL 3 CAROL E KOHLER NOTARY PUBLIC-STATE OF ILLINOIS MY COMMISSION EXPIRES:10102122 CITY OF CANTON. III INOIS GREGORY H ELLIS & DANITA ELLIS PT. LOTS 1 & 2, BLK 7, FAIRVIEW HEIGHTS ADDITION P.I.N. 09-08-27-112-009 AREA = 1521 S.F.f OR 0.035 AC.f LEGAL DESCRIPTION - RIGHT OF WAY PARCEL 112 Part of Lots 1 and 2 of Block 7 in Fairview Heights Addition to the City of I.-• ; i I / I Canton, Fulton County, Illinois, more particularly described as follows: r ii 3 Beginning at the southwest corner of said Lot 1, thence North 00'31'46" IVA m East (bearings based on Illinois State Plane Coordinate System, NAD83 R.O.W. )' O O O O (2011), West Zone) along the west line of said Block 7 a distance of 19.645` feet; thence North 89'04'36" East 88.87 feet to Big Creek, being the �� :3 z 50.00' (50') J I I I property line as described in Warranty Deed recorded December 27, 2001 as F Z Document No. 01-17737; thence South 50'09'01" West along said Big Creek v =3 BLOCK 17 I / I I 31.71 feet to the south line of said Block 7; thence South 89'1954' West x 3 09-08-27-11z 009 !`�cr along the south line of said Block 7 a distance of 64.70 feet to the Point WI I `G pe;•• I 09-08-27-125-002 I of Beginning. AV I0' < The above described Right of Way Parcel contains 1521 square feet, more 9 .,• � � or less. PROPOSED RIGHT OF WAY N 89'04'36" E 88.87' I I LEGEND g H a PROPOSED RIGHT OF WAY LINE a' 0 6 I N 0'31'46" E '.I, S 50'09'01"I W I I — ORIGINAL LOT LINE ¢ u JI S. LINE BLOCK 7 — OUSTING RIGHT OF WAY LINE � a- 19.64' '• 31.71' . 63.5')'. (50') (50') I_ (50') _ ( ) RECORD OR PRIOR SURVEY DATA O 5 a COMMON OWNERSHIP TIE S 89'19'54" W �• 64.70' „ POINT OF BEGINNNING O 2 a SW COR., LOT 1 3 N 15+00 / CASS PLACE 16+00 3 Q\ 17i00 0 30' 60, o:o Q GRAPHIC SCALE: 1 INCH = 30 FEET 3 :9A / BEARINGS BASED ON ISPCS NAD83, WEST ZONE X X— T STATE OF ILLINOIS )SS zLn 83.5') (50.) x (50') I (50') I COUNTY OF PEORIA ) We, Maurer—Stutz, Inc., Illinois Professional Design Firm Number 184-005754, z yj I I �V I I do hereby state that we have surveyed part of Lots 1 and 2 of Block 7 in P /I Fairview Heights Addition to the City of Canton, Illinois, being a part of the zQ Northwest Quarter of Section 27, Township 7 North, Range 4 East of the Fourth Principal Meridian, Fulton County, Illinois, and that in our opinion the ILL attached plat is a true and correct representation of said survey. 0 09—OB-27�115-001 I 09—OB-27�115-002 m U BLOCK 8 I' Dated at Peoria, Illinois, this day of 2022. cI' `��aznmmnnp� Maurer—Stutz, Inc. :0o, �Np'''� ea,"B°o`' ID O I ® I ��;•' BTEVEN..'y� C By: a? FORD F Steven P. Ford 1143653 Illinois Professional Land Surveyor #035-003653 Nj'•.°foR1P �°j,�`�� m°"�` License Expires November 30, 2022 OF