HomeMy WebLinkAboutResolution # 3768
RESOLUTION NO. 3768
A RESOLUTION APPROVING A SUBORDINATION AGREEMENT WITH THE
ILLINOIS DEPARTMENT OF TRANSPORTATION FOR THE SUBORDINATION OF
SURFACE RIGHTS FOR PUBLIC ROAD PURPOSES AND AUTHORIZING AND
DIRECTING THE MAYOR AND CITY CLERK OF THE CITY OF CANTON TO
EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF CANTON
WHEREAS, the State of Illinois Department of Transportation has offered the City of
Canton as consideration the sum of one dollar ($1.00) to subordinate unto the State of Illinois -
Department of Transportation its interests which were recorded by easement to the paramount
right of the State of Illinois to construct, reconstruct, operate, maintain, and control access to
FAP Route No. 22; and
WHEREAS, the City Council of the City of Canton, Illinois has reviewed the terms of
the proposed Subordination Agreement, a copy of which is attached hereto and incorporated
herein as Exhibit A; and
WHEREAS, the City Council of the City of Canton, Illinois has determined that it is
desirable and in the best interest of the City of Canton to approve said Subordination Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF CANTON, ILLINOIS, AS FOLLOWS:
1. That the Subordination Agreement between the City of Canton and the State of Illinois
Department of Transportation, which is attached hereto and incorporated herein as
Exhibit A, is hereby approved in the form attached as Exhibit A, said Subordination
Agreement to be subject to and effective pursuant to the terms and conditions set forth
therein.
2. That the Mayor and the City Clerk of the City of Canton, Illinois are hereby authorized
and directed to execute said Subordination Agreement on behalf of the City of Canton.
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 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 September' , 2006 upon a roll call vote as follows:
AYES: Aldermen Berardi, Hartford, T~Test, Sarff, rleade, Schenck, Reed.
NAYS: None.
ABSENT: Alderman Carl ,
APPROVED:
Rodney W. Heinze
Mayor
ATTEST:
Nancy S. Whites
City Clerk
~~~~
Route FAP 22
Section 135W-2:RS-5
County Fulton
Project No.
Parcel No. 406V048 & TE
Job No. R-94-006-04
STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION
Springfield, Illinois
SUBORDINATION OF SURFACE RIGHTS FOR PUBLIC ROAD PURPOSES
KNOW ALL MEN BY THESE PRESENTS, That the Grantor, City of Canton,
of the County of Fulton and State of Illinois, for and in consideration of the sum of
One and no/100---- Dollars ($1.00) in hand paid by the State of Illinois, acting by and
through the Department of Transportation, or on its behalf, the receipt of which is
hereby acknowledged, does hereby subordinate unto the People of the State of
Illinois, Department of Transportation, Grantee, its interest which has been acquired
in, through or by easement or easements dated and filed in the Recorder's office of
Fulton County, Illinois, as follows:
PARCEL
NUMBER DATED DOC # OR BK. & PG.
406V048 4/9/74 Bk. 809, Pq. 482
to the paramount right of the State of Illinois to construct, reconstruct, operate,
maintain, and control access to FAP Route No. 22, on the following described land in
the County of Fulton and State of Illinois to wit:
SEE ATTACHED
(1 of 3)
,<~
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Any alteration and/or relocation of said Grantor's. facilities or hereafter made
within or adjacent to the aforesaid described land, which is required by order of the
State in connection with any exercise by the State of its rights hereunder shalt be
performed by the Grantor, but the Grantee shall reimburse the Grantor for the actual
reasonable cost of pertormance.
This subordination of the Grantor's easement or easements shall be effective
only as to such air and surface rights,. and to such distances below the surtace as.
may reasonably be required to construct, reconstruct, operate and maintain said
highway, to insure adequate and sufficient lateral and vertical support thereof, and to
enable the State to control access thereto, and that otherwise this subordination shall
in no way affect or impair the rights of the Grantor, its successors or assigns, under
and by virtue of said easement or easements, including but not limited to, the right to
construct additional facilities under, over and across said highway; provided, that the
construction of any future facility under, over and across said highway shall be
performed in such a manner as not to interfere with or impair the use of said highway
and shall conform to reasonable rules and regulations as to such construction as
may be promulgated by Federal or State authorities.
It is understood that on an interstate type freeway, the Grantor will not perform
normal maintenance to its facilities from the through traffic lanes of such highway or
any ramps leading thereto. Emergency maintenance to the Grantor's facilities shall
be in accordance with procedures to be set forth by the District Engineer.
Seal
20
IN WITNESS WHEREOF, the Grantor has hereunder set hand and
this day ~f A.D.
ATTEST:
STATE OF
COUNTY OF _
I,
said County
)SS
r
By ,
a Notary Public in and for
and State aforesaid, DO HEREBY CERTIFY THAT
and personally known
to me to be and respectively, of
a corporation, and also known to me to be
the person whose names are subscribed to the foregoing .instrument, appeared
before me this day in person and acknowledged that as such
and respectively they
signed, sealed and delivered the said instrument as the free and voluntary act of said
corporation for the uses and purposes therein set forth, and that they were duly
authorized to execute the same by the board of directors of said corporation.
Given unto my hand and notarial seal the day of
A.D., 20
~.
(SEAL) `
Notary Public
1
A part of the Northeast Quarter of Section 15, Township 7 North, Range 4 East of the
Fourth Principal Meridian, Fulton County, State of Illinois, more particularly described as
follows:
Commencing at the northwest corner of the Northeast Quarter of said Section 15, thence
North 89 degrees 11 minutes 06 seconds East along the north line of the Northeast Quarter
of said Section 15, 1,166.71 feet to the centerline of FAP 22 (IL 78); thence along a curve
along said centerline concave to the southeast, having a radius of 3,450.57 feet, arc length
of 583.55 feet, a chord length of 582.86 bearing South 18 degrees 42 minutes 57 seconds
West to a point; thence South 23 degrees 33 minutes 38 seconds West, 469.16 feet to a
point; thence along a curve concave to the northwest, having a radius of 3,000.10 feet; arc
length of 220.38 feet, a long chord of 220.33 feet bearing South 21 degrees 27 minutes 22.
seconds West to a point; thence South 70 degrees 38 minutes 44 seconds East, 60.00 feet
to a point 60.00 feet normally distant easterly of said centerline, the said point being on the
easterly existing right of way line of said centerline and the Point of Beginning.
From the Point of Beginning, thence North 20 degrees 49 minutes 00 seconds East along
the easterly existing right of way line 150.33 feet to a point 60.00 feet normally distant
easterly of said centerline; thence South 01 degrees 01 minutes 55 seconds West, 73.99
feet to a point 86.00 feet normally distant easterly of said centerline; thence South 20
degrees OS minutes 55 seconds West, 78.73 feet to a point 86.00 feet normally distant
easterly of said centerline, said point being on an existing permanent easement to the City
of Canton; thence North 73 degrees 32 minutes 36 seconds West along said permanent
easement 26.04 feet to the Point of Beginning.
The said tract of land contains 2,905 square feet, more or less, or 0.067 acres, more or
less.
406V048
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