HomeMy WebLinkAboutOrdinance #1992ORDINANCE NO. 19 9 2
AN ORDINANCE VACATING A PORTION OF A STREET RUNNING EAST/WEST AT
THE RAILROAD CROSSING AT HICKORY STREET AND FOURTH AVENUE IN
THE CITY OF CANTON, FULTON COUNTY, ILLINOIS.
WHEREAS, Section 11-91-1 et. seq. of the Illinois Municipal Code, 65 ILCS 5/11-91-1,
provides, in part, whenever the corporate authorities in 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, Section 11-91-1 of the Illinois Municipal Code also provides that the ordinance
vacating any street or alley, or part thereof, shall be passed by the affirmative vote of at least
three fourths of the aldermen, trustee, or commissioners then holding office; and
WHEREAS, the corporate authorities of the City of Canton, Fulton County, Illinois have
determined that the public interest shall be subserved by vacating a portion of a street running
east/west at the railroad crossing at Hickory Street and Fourth Avenue, all in the City of Canton,
Fulton County, Illinois, which right-of--way is more fully-described as follows:
All that portion of Hickory Street in the City of Canton, Illinois, lying within the Right of Way of the
Burlington Northern Santa Fe Railroad (BNSF RR), being a part of the Northeast Quarter of Section 34
and the Northwest Quarter of Section 35, all in Township 7 North, Range 4 East of the Fourth Principal
Meridian, Fulton County, Illinois, said Vacation Parcel being further described as follows:
Beginning at the northwest corner of Lot 1 in Carl Marshall Addition to the City of Canton, Illinois, as
shown on plat recorded in Plat Book 2 Page 32, Fulton County Recorders Office; thence Westerly along
the extended north line of said Lot 1 to a point on the east line of Lot 314 in Wright's Addition to the City
of Canton, as shown on plat recorded in Record Book 44 page 50 Fulton County Recorders Office;
thence Northerly along the east line of Lot 314 to the northeast corner of said lot; thence continuing
Northerly along the extended east line of said lot, to the southeast corner of Lot 313 in said Wright's
Addition; thence Easterly along the extended south line of said Lot 313 to a point where said line
intersects the section line between said Section 34 and 35; thence Southerly along said section line to a
point where the section line intersects the south line of Lot 8 extended west, said Lot 8 being in
Marshall & Fisher First Addition to the City of Canton, as shown on plat recorded in Plat Book 2 page 4,
Fulton County Recorders Office; thence Easterly along the extended south line of said Lot 8 to the
southwest corner of said lot; thence Southerly to the Point of Beginning.
Said Vacated Parcel containing 6682 square feet (0.153 acres) more or less.
All as shown on the attached Exhibit "A" and made a part hereof.
The above-described right-of--way in the City of Canton, Fulton County, Illinois is referenced in
the vacation plat prepared by Maurer-Stutz, Inc. dated September 15, 2009, which exhibit is
attached hereto and incorporated herein as Exhibit A; and
WHEREAS, the above-described right-of--way and properties contiguous to said right-of--way
are wholly within the jurisdiction and corporate limits of the City of Canton, Illinois; and
WHEREAS, the corporate authorities of the City of Canton, Illinois have determined that there
is a public interest in closing the Hickory Street railroad crossing, as BNSF Railway Corporation
will not allow a new crossing at Maple Street and Fourth Avenue without closing of an existing
crossing; and
WHEREAS, objective traffic counts have shown that the Hickory Street railroad crossing is the
least active crossing in the City of Canton;
NOW, THEREFORE, be it ordained by the Mayor and the City Council of the City of Canton,
Fulton County, as follows:
1. That the City Council of the City of Canton, Illinois hereby finds the foregoing recitals to be
fact.
2. That the following described right-of--way running east/west at the railroad crossing at
Hickory Street and Fourth Avenue, City of Canton, Fulton County, Illinois be and same as
hereby vacated, to wit:
All that portion of Hickory Street in the City of Canton, Illinois, lying within the Right of Way of the
Burlington Northern Santa Fe Railroad (BNSF RR), being a part of the Northeast Quarter of Section 34
and the Northwest Quarter of Section 35, all in Township 7 North, Range 4 East of the Fourth Principal
Meridian, Fulton County, Illinois, said Vacation Parcel being further described as follows:
Beginning at the northwest corner of Lot 1 in Carl Marshall Addition to the City of Canton, Illinois, as
shown on plat recorded in Plat Book 2 Page 32, Fulton County Recorders Office; thence Westerly along
the extended north line of said Lot 1 to a point on the east line of Lot 314 in Wright's Addition to the City
of Canton, as shown on plat recorded in Record Book 44 page 50 Fulton County Recorders Office;
thence Northerly along the east line of Lot 314 to the northeast corner of said lot; thence continuing
Northerly along the extended east line of said lot, to the southeast corner of Lot 313 in said Wright's
Addition; thence Easterly along the extended south line of said Lot 313 to a point where said line
intersects the section line between said Section 34 and 35; thence Southerly along said section line to a
point where the section line intersects the south line of Lot 8 extended west, said Lot 8 being in
Marshall & Fisher First Addition to the City of Canton, as shown on plat recorded in Plat Book 2 page 4,
Fulton County Recorders Office; thence Easterly along the extended south line of said Lot 8 to the
southwest corner of said lot; thence Southerly to the Point of Beginning.
Said Vacated Parcel containing 6682 square feet (0.153 acres) more or less.
All as shown on the attached Exhibit "A"and made a part hereof.
The above-described right-of--way in the City of Canton, Fulton County, Illinois is referenced on
the vacation plat prepared by Maurer-Stutz, Inc. dated September 15, 2009. This plat is attached
hereto and incorporated herein as Exhibit A.
3. That the City Clerk of the City of Canton, Illinois is hereby ordered to have a certified copy of
this ordinance in the Office of the Recorder of Deeds of Fulton County, Illinois immediately
upon passage and approval of this ordinance.
4. That this ordinance shall be in full force and effect upon reactivation of the line in question by
BNSF Railway Company only after serving the City with notice at least one hundred eighty
(180) days in advance of the date of reactivation and its passage by the affirmative vote of at
least three-fourths of the aldermen then holding office in the City of Canton, Fulton County,
Illinois and approval of the Mayor thereof.
PASSED by the affirmative vote ofthree-fourths of the aldermen then holding office in the City
of Canton, Illinois at a regular meeting this 20th day of October 2009
upon a roll call vote as follows:
AYES: Aldermen ~ .~! (~ ~~
NAYS: None .
~~ ~~
ABSENT: Alderman Strandberg due to resignation n 9-22-09. ~} ~~ ~
~ ~~~
Attest:
ity Cle ancy Whites
Approved:
Mayor Kevin R. eade
u_~c.~~~. ivaw~ n wncrn u~ ~[s Nix\l:N1U\N~Ckory 5t_tMi0i1 ACwq
N
N
=_
N
f+
~ (7
O
o
N E
n !
i j
8 ~ (. ~ ~ i o
_
~
A
m .~.
~
~
W
_3
i O
~
~ ~
~
I
Q ~ v
O
o ~
~ E. UNE LOT 314
EXTENDED
_ (50) ~ (66') (50')
i~
x
N
~ Z
'
C
Z
F B N S F m ..~,< o RR X
_~ ~ ~ __
~ N~ w ~
~~°o
'O ,~ o
Z y cn p
C7 ~ ~ ~
rE LINE NE1/4 SEC 34, T7N, R4E, 4th P.M.
w / ~%
m .Zl D rl !" °m
o!
....
_... _ °..
... r~ ~ ~c_ °_. _ D
3 ~
W LINE NWl/4 SEC 35, T7N, R4E, 4th. P.M. v' ~ °mm
o r
°
D
c ~ w 4th. AVE. VACATION - BK 288 PG 584
n
D
60'
( )
.....
v
No
0 ...... ... _..........._ ......._... ._.__.. .._....
(50')
_... .......
(46.78')
4
n
~ ~
~ n
~
O , ~ O
r
O ~ ~
~
~ ~
~ r
O
~ m
O
'_ ~ ~ '
i v
r
m
v ~
W m o
Z
O
o m O
D o -1 n ~ y ~T~-~
O ~ ~-I
O ~ m
~+ o c~
a m z
v
-1 g ~ ~
o ~
Z y
Z
A
m
- n ~ ~ ~ EXHIBIT DRAWING I _T~~~../ff
~ ~ - ~ ~ CITY OF CANTON, IL A//w~ irvEH~ STUTZ, /NC. ~.°.
CITY OF CANTON, IL ^'°'~°~^+'a`~' ~~~