HomeMy WebLinkAboutResolution #3674~~
RESOLUTION NO. 367~;-
A RESOLUTION AMENDING A "COOPERATION AGREEMENT" BETWEEN
THE CITY OF CANTON AND THE COUNTY OF FULTON, ILLINOIS
WHEREAS, the City of Canton and the County of Fulton have heretofore
determined to cooperate in supporting the Canton/Fulton County Enterprise Zone by the
State of Illinois; and,
WHEREAS, in furtherance of supporting and maintaining the economic benefits
of the Canton/Fulton County Enterprise Zone to the City and to the County, it is
necessary to maintain a Cooperative Agreement to include all territory designated as the
Canton/Fulton County Enterprise Zone.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CANTON, Fulton County, Illinois as follows:
1. That the "Cooperation Agreement", Exhibit A hereto and herein incorporated
by reference, is hereby approved by the Canton City Council.
2. That the Mayor and City Clerk are hereby authorized and directed to execute
the same (at least in triplicate original) on behalf of the City of Canton.
3. That this Resolution shall be in full force and in effect immediately upon its
passage by the City Council of the City of Canton, Fulton County, Illinois and approval
by the Mayor thereof.
PASSED by the City Council of the City of Canton, Fulton County, Illinois at a
regular meeting this 20~ day of January , 20 04 , upon a roll call
vote as follows:
AYES: Alderr.~en. Hartford, ~~1est, Sarff, Carl, Fllinghatn.
NAYS: None.
ABSENT: Alderman Molleck, Hann, Reed.
APPROVED: r-.
Jer M. Bohler, Mayor
ATTEST:
Nancy Wh' s, City Clerk
EXHIBIT A
The County of Fulton, State of Illinois, agrees to support the efforts of the City of
Canton, Illinois in maintaining and supporting the Canton/Fulton County Enterprise Zone
designation from the Illinois Department of Commerce and Community Affairs, located
in both the City and County. Both the City and the County agree to work cooperatively
in supporting the economic development aspects of the Canton/Fulton County Enterprise
Zone and cooperative provide specific incentives as designated in Exhibit B hereto and
herein incorporated by reference. As the chief executives of our respective local
governments, we are signing this agreement to cooperate as much as necessary to assist
economic growth in the Enterprise Zone. The City of Canton is the lead agency for the
Canton/Fulton County Enterprise Zone program. The City of Canton is liable for all
program administrative functions and serves as the lead agency for applications to expand
and/or extend the limits of the zone.
~ ~---~Z~
Je . Bohler, Mayor
City f Canton
L~~
Attest: City C rk
Date: ~~~ ~ ~'~'
County Board Chairman
Fulton County Board
Attest: County Clerk
Date:
SEAL SEAL
ATTACHMENT TO EXHIBIT A
SALES TAX DEDCTION
Each retailer whose place of business is within the corporate limits of the County of
Fulton and who makes a sale of building materials to be incorporated into real estate
located in the Canton/Fulton county Enterprise Zone by remodeling, rehabilitation or new
construction, may deduct receipts from such sales when calculating the tax imposed
pursuant to the Municipal (or County) Retailers' Occupation Tax Act; provided,
however, that such remodeling, rehabilitation or new construction is of the nature and
scope for which a building permit is required and has been obtained. The incentive
provided by this Section shall commence the first day of the calendar month following
the month in which the enterprise zone is designated and certified, and shall continue for
the term of the Enterprise Zone which expires December 31, 2013..
REAL PROPERTY TAXES
The Fulton County Board authorizes and directs the County Clerk to abate ad valorem
taxes imposed upon real property located within the Canton/Fulton County Enterprise
Zone upon which new improvements have been constructed or upon which existing
improvements have been renovated or rehabilitated subject to the following provisions:
a. Such abatement shall apply only to real property presently or hereafter zoned
business, commercial or industrial, or, to presently existing valid nonconforming uses of
any of the aforesaid character as long as such nonconforming use shall continue to be
used for business, commercial or industrial purposes,
b. Such abatement shall be at the rate of: 100% of the increased assessment for a
5 year period beginning with the tax year in which the new increased assessment due to
new construction, rehabilitation or renovation would be levied, and 50% of the increased
assessment due to the new construction, rehabilitation or renovation for the succeeding 5
years,
c. During the abatement period, the "pre-project" assessment amount for the land
and existing improvements involved would continue to be paid annually in accordance
with the annual multiplier and rate in effect for the tax year involved;
d. Such abatement shall apply to projects the nature and scope of which require a
permit,
e. Any abatement of taxes on any parcel shall not exceed the amount attributable
to the construction of the improvements and the renovation or rehabilitation of existing
improvements on such parcel; and,
f. Such abatement shall not be effective after the termination of the Enterprise
Zone.
g. That this abatement is not applicable by law in areas where the Canton/Fulton
County Enterprise Zone is also designated as a TIF District.
EXHIBIT B
ENTERPRISE ZONE METES & BOUNDS
WHEREAS, Canton's current Enterprise Zone encompasses the former International
Harvester site, among other properties, and extends south and east to the East R.O.W.
line of the Burlington Northern Santa Fe Rail Road and the North R.O.W. line of Oak
Street in Canton; and the south and east to include certain property in Buckheart
Township, Fulton County Illinois; and
WHEREAS, Canton wishes to extend its Enterprise Zone to include certain property in
Buckheart and Banner Townships in Fulton County where an electric generating plant in
constructed and operated; and
NOW THEREFORE, the proposed addition to Canton's Enterprise Zone consists of the
following:
A part of Sections 13,14 and 24 of Township 6 North, Range 4 East of the Fourth
Principal Meridian (Buckheart Township) and a part of Sections 7, 18, 19, 30 and 31
of Township 6 North, Range 5 East of the Fourth Principal Meridian (Banner
Township) more particularly described as follows:
A part of the Southwest Quarter and part of the Southeast Quarter of Section 14,
Township 6 North, Range 4 East of the of the Fourth Principal Meridian, Buckheart
Township, Fulton County, Illinois, more particularly described as follows:
Commencing at the Northeast corner of the Southwest Quarter of said Section 14, as, the
Point of Beginning of the tract to be described; thence North 89 degrees 20 minutes 36
seconds West along the North line of the Southwest Quarter of said Section 14, a distance
of 2551.79 feet to the Easterly right-of--way line of S.B.I. Route #78; thence South 0
degrees 41 minutes 16 seconds West along the Easterly right-of--way line of S.B.I Route
#78, a distance of 21.00 feet; thence South 45 degrees 28 minutes 56 seconds West along
the Southeasterly right-of--way line of S.B.I Route #78, a distance of 42.58 feet; thence
South 0 degrees 41 minutes 16 seconds West along the Easterly right-of--way line of
S.B.I. Route #78, a distance of 27.04 feet; thence in a Southeasterly direction on a curve
to the left having a radius of 641.74 feet for an arc distance 698.09 feet; thence North 88
degrees 10 minutes 30, seconds East, a distance of 1634.99 feet; thence North 8 degrees
58 minutes 40 seconds West, a distance of 24.41 feet; thence North 81 degrees O1
minutes 20 seconds East, a distance of 375.00 feet; thence in a Northeasterly direction on
a curve to the right having a radius of 1532.69 feet for an arc distance of 240.12 feet;
thence East 0 degrees 00 minutes 00 seconds, a distance of 1910.63 feet; thence in a
Southeasterly direction on a curve to the right having a radius of 1532.69 feet to the
intersection of this curve and the East line of the Southeast Quarter of said Section 14;
thence Northerly along the East line of Southeast Quarter of said Section 14 to the
Northeast corner of the Southeast Quarter of said Section 14; thence Westerly along the
North line of the Southeast Quarter of said Section 14 to the Point Beginning, situate,
lying and being in the County of Fulton and State of Illinois;
EXCEPTING THEREFROM that part more particularly described as follows: A part of
the Southwest Quarter of Section 14, Township 6 North, Range 4 East of the Fourth
Principal Meridian, Buckheart Township, Fulton County, Illinois, more particularly
described as follows:
Commencing at the Northeast corner of the Southwest Quarter of said Section 14; thence
North 89 degrees 20 minutes 36 seconds West along the North line of the Southwest
Quarter of said Section 14, a distance of 1097.68 feet to the Point of Beginning of the
tract to be described; thence continuing North 89 degrees 20 minutes 36 seconds West
along the North line of the Southwest Quarter of said Section 14, a distance of 1454.11
feet to the Easterly right-of--way line of S.B.I. Route #78; thence South 0 degrees 41
minutes 16 seconds West along the Easterly right-of--way line of S.B.I. Route #78, a
distance of 21.00 feet; thence South 45 degrees 28 minutes 56 seconds West along the
Southeasterly right-of--way line of S.B.I. Route #78, a distance of 30.18 feet; thence in a
Southeasterly direction on a curve to the left having a radius of 616.74 feet for an arc
distance of 697.49 feet; thence North 88 degrees 10 minutes 30 seconds East, a distance
of 903.40 feet; thence North 0 degrees 39 minutes 24 seconds East a distance of 332.92
feet to the Point of Beginning; situated in the County of Fulton and State of Illinois.
(Containing approximately 21.8 acres)
Part of the Southwest Quarter of Section 14, Southeast Quarter of Section 14, Southwest
Quarter of Section 13, Northwest Quarter of Section 24 and the Northeast Quarter of
Section 24, all in Township 6 North, Range 4 East of the Fourth Principal Meridian,
Buckheart Township, Fulton County, Illinois, more particularly described as follows:
Commencing at the Northeast corner of the Southwest Quarter of said Section 14; thence
North 89 degrees 20 minutes 36 seconds West along the North line of the Southwest
Quarter of said Section 14, a distance of 2581.79 feet to the Easterly right-of--way line of
S.B.I. Route #78 extended; thence South 0 degrees 41 minutes 16 seconds West along the
Easterly right-of--way line of S.B.I. Route #78 extended 78.24 feet to the Point of
Beginning of the tract to be described; thence continuing South 0 degrees 41 minutes 16
seconds West along the Easterly right-of--way line of S.B.I. Route #78 a distance of
242.25 feet; thence in a Southeasterly direction on a curve to the left having a radius of
791.74 feet for an arc distance of 649.34 feet; thence North 88 degrees 10 minutes 30
seconds East a distance of 1653.81 feet; thence South 8 degrees 58 minutes 40 seconds
East a distance of 24.41 feet; thence North 81 degrees O1 minutes 20 seconds East a
distance 375.00 feet; thence in a Northeasterly direction on a curve to the right having a
radius of 1332.69 feet for an arc distance of 208.78 feet; thence East 0 degrees 00
minutes 00 seconds a distance of 1910.63 feet; thence in a Southeasterly direction on a
curve to the right having a radius of 1332.69 feet for an arc distance of 1534.83 feet;
thence South 24 degrees 00 minutes 00 seconds East a distance of 1649.32 feet; thence in
a Southeasterly direction on a curve to the left having a radius of 1532.69 feet for an arc
distance of 15521.21 feet; thence South 82 degrees 00 minutes 00 seconds East a distance
of 460.26 feet; thence in a Southeasterly direction on a curve to the right having a radius
of 1332.69 feet for an arc distance of 372.08 feet; thence South 66 degrees 00 minutes 00
seconds East a distance of 477.55 feet; thence in a Southeasterly direction on a curve to
the left having a radius of 1532.69 feet; for an arc distance of 641.88 feet; thence East 0
degrees 00 minutes 00 seconds a distance of 762.71 feet to the East line of the Northeast
Quarter of said Section 24; thence North 0 degrees 47 minutes 10 seconds East along the
East line of the Northeast Quarter of said Section 24 a distance of 200.02 feet; thence
West 0 degrees 00 minutes 00 seconds a distance of 765.45 feet; thence in a
Northwesterly direction on a curve to the right having a radius of 1332.69 feet for an arc
distance of 558.12 feet; thence North 66 degrees 00 minutes 00 seconds West a distance
of 477.55 feet; thence in a Northwesterly direction on a curve to the left having a radius
of 1532.69 feet for an arc distance of 427.92 feet; thence North 82 degrees 00 minutes 00
seconds West a distance of 460.26 feet; thence in a Northwesterly direction on a curve to
the right having a radius of 1332.69 feet for an arc distance of 1348.79 feet; thence North
24 degrees 00 minutes 00 seconds West a distance of 1649.32 feet; thence in a
Northwesterly direction on a curve to the left having a radius of 1532.69 feet for an arc
distance of 1765.17 feet; thence West 0 degrees 00 minutes 00 seconds a distance of
1910.63 feet; thence in a Southwesterly direction on a curve to the left having a radius of
1532.69 feet for an arc distance of 240.12 feet; thence South 81 degrees O1 minutes 20
seconds West a distance of 375.00 feet; thence South 8 degrees 58 minutes 40 seconds
East a distance of 24.41 feet; thence South 88 degrees 10 minutes 30 seconds West a
distance of 1634.99 feet; thence in a Northwesterly direction on a curve to the right
having a radius of 641.74 feet for an arc distance of 698.09 feet to the Point of
Beginning; situated in the County of Fulton and State of Illinois;
(Containing approximately 53.7 acres)
The North Half of the Southeast Quarter and the East Half of the Southeast Quarter of the
Southeast Quarter of Section 13 Township 6 North, Range 4 East of the Fourth Principal
Meridian. (Containing approximately 100 acres)
The Easterly 200 feet of even width of the North Half of the Northeast Quarter of Section
24, Township 6 North, Range 4 East of the Fourth Principal Meridian.
(Containing approximately 6.0 acres)
The Southwest Quarter of the Northwest Quarter; the South Half of the Northwest
Quarter of the Northwest Quarter; and the West Half of the Southwest Quarter of Section
7, Township 6 North, Range 5 East of the Fourth Principal Meridian.
(Containing approximately 140 acres)
The Westerly 150 Feet of even width of the West Half of Section 18, Township 6 North,
Range 5 East of the Fourth Principal Meridian.
(Containing approximately 18.2 acres)
The Northwest Quarter; the Southwest Quarter; and the Southwest Quarter of the
Southeast Quarter of Section 19, Township 6 North, Range 5 East of the Fourth Principal
Meridian. (Containing approximately 360 acres)
The Northwest Quarter; the Southwest Quarter; the Southeast Quarter; and the West Half
of the Northeast Quarter of Section 30, Township 6 North, Range 5 East of the Fourth
Principal Meridian. (Containing approximately 560 acres)
The Northwest Quarter; the Northwest Quarter of the Northeast Quarter; and the North
Half of the Southwest Quarter of the Northeast Quarter of Section 31, Township 6 North,
Range 5 East of the Fourth Principal Meridian.
(Containing approximately 220 acres)
Containing a total of approximately 1,480 acres (2.3 square miles ).
METES AND BOUNDS DESCRIPTION .
ENTERPRISE ZONE EXPANSION AS DESIGNATED BY
ORDINANCE NO. 1735 and ORDINANCE 959
A strip of land five (5) feet wide commencing at the intersection of the East R.O.W. line
of the Burlington Northern Santa Fe Rail Road and the North R.O.W. line of Oak Street
in Canton, and extending five (5) feet west into Burlington Northern Santa Fe R.O.W.,
thence continuing south along said East R.O.W. line of the Burlington Northern Santa Fe
Rail Road to the Burlington Northern Santa Fe Rail Road Spur to the Central Illinois
Light Company Power Station, and continuing in an easterly direction along the North
R.O.W. line of said spur to and including the following described real estate:
The South Half of the Northwest Quarter of Section 13, Township 6 North, Range 4 East
of the Fourth Principal Meridian, Fulton County, Illinois. And a part of the South Half of
Section 13 and a part of the North Half of Section 24, Township 6 North, Range 4 East of
the Fourth Principal Meridian, Fulton County, Illinois, more particularly described as
follows and bearings refer to the CILCO Duck Creek Boundary Map recorded in Slide
15, Fulton County Recorder's Office:
Beginning at the Center of said Section 13 as shown of said CILCO Duck Creek
Boundary Map; thence along the boundary line of Duck Creek Station as shown on said
CILCO Duck Creek Boundary Map for the next 14 courses bearing South 00 degrees 31
minutes 30 seconds West, a distance of 1337.06 feet; thence bearing South 88 degrees 38
minutes OS seconds East a distance of 1239.72 feet; thence bearing South 00 degrees 31
minutes 30 seconds West, a distance of 1270.00 feet; thence bearing North 89 degrees 03
minutes 17 seconds East, a distance of 1185.98 feet; thence bearing South 00 degrees 47
minutes 10 seconds West, a distance of 1298.23 feet; thence bearing North 90 degrees 00
minutes 00 seconds West, a distance of 565.43 feet; thence 558.11 feet along a curve to
the right, whose radius is 1332.39 feet and whose chord bears North 78 degrees 00
minutes 00 seconds West, a chord length of 554.04 feet; thence bearing North 66 degrees
00 minutes 00 seconds West, a distance of 477.55 feet; thence 427.93 feet along a curve
to the left, whose radius is 1532.39 feet and whose chord bears North 74 degrees 00
minutes 00 seconds West, a chord length of 426.54 feet; thence bearing North 82 degrees
00 minutes 00 seconds West, a distance of 460.26 feet; thence 1348.77 feet along a curve
to the right, whose radius is 1332.39 feet and whose chord bears North 53 degrees 00
minutes 00 seconds West, a chord length of 1291.92 feet; thence bearing North 24
degrees 00 minutes 00 seconds West, a distance of 1649.32 feet; thence 1251.17 feet
along a curve to the left, whose radius is 1532.39 feet and whose chord bears North 47
degrees 23 minutes 25 seconds West, a chord length of 1216.70 feet to the West line of
said Section 13; thence along said West line bearing North 00 degrees 37 minutes 33
seconds East, a distance of 272.92 feet to the West Quarter corner of said Section 13;
thence leaving said boundary line North 89 degrees 03 minutes 25 seconds East, a
distance of 2621.39 feet to the Point of Beginning, containing 213.366 acres more or less.
Subject to the rights, if any, of the public for roadway purposes along existing public
roadways through or adjacent to the above described parcels.
METES AND BOUNDS DESCRIPTION -ENTERPRISE ZONE
AS DESIGNATED BY ORDINANCE NO. 1735
AMENDING ORDINANCE NO. 959
Beginning at the intersection of the North R.O.W. line of the TP&W Railroad and the
West R.O.W. line of the alley South of Van Buren Court; thence northerly along said
alley R.O.W. to a point west of Gavenda Salvage Company's north lot line; thence
easterly across the alley and along the north lot line of Gavenda Salvage to the west
R.O.W. line of South Second Avenue; thence northerly along the west R.O.W. line of
South Second Avenue to the South R.O.W. line of East Maple Street to the west R.O.W.
line of the alley south of Van Buren Court; thence northerly along the west R.O.W. line
of said alley and Van Buren Court to a point west of the south lot line of the Van Buren
Court Apartments to the west R.O.W. line of South Second Avenue; thence northerly
along the west R.O.W. line of South Second Avenue to the south R.O.W. line of East
Pine Street; thence westerly along said south R.O.W. line of East Pine Street to a point
just south of the west lot line of the City Water Tower lot; thence northerly across East
Pine Street along the west lot line of the City Water Tower lot to the northwest corner of
said lot; thence easterly along the north lot line of the City Water Tower lot and across
Van Buren Court to the east R.O.W. line of Van Buren Court; thence northerly along the
east R.O.W. line of Van Buren Court to the north lot line of the City garage; thence
easterly along the north R.O.W. line of the City garage to the west R.O.W. line of South
Second Avenue; thence northerly along the west R.O.W. line of South Second Avenue to
the south R.O.W. line of East Chestnut Street; thence easterly along the south R.O.W.
line of East Chestnut Street to the east lot line of the City Hall property; thence southerly
along the east lot line of the City Hall property to the north lot line of the Red Cross
property; thence easterly along the north lot line of the Red Cross property to the east lot
line of the Red Cross property; thence southerly along the east lot line of the Red Cross
property to the north lot line of the International Harvester property; thence easterly along
the north lot line of the International Harvester property to the east R.O.W. line of the
North Third Avenue; thence southerly along the east R.O.W. line of North Third Avenue
to the north R.O.W. line of East Elm Street to the west lot line of the International
Harvester parking lot; thence northerly along the west lot line of the International
Harvester parking lot to the north R.O.W. line of East Chestnut Street; thence easterly
along the north R.O.W. line of East Chestnut Street to the east R.O.W. line of North Fifth
Avenue; thence southerly along the east R.O.W. line of North Fifth Avenue to the south
R.O.W. line of East Pine Street; thence westerly along the south R.O.W. line of East Pine
Street to the east lot line of the International Harvester storage lot; thence southerly,
easterly and then again southerly along the east lot line of the International Harvester
storage lot to the south lot line of the International Harvester storage lot; thence westerly
along the south lot line of the International Harvester storage lot to the East R.O.W. line
of the Burlington Northern Railroad; thence southerly along the East R.O.W. line of the
Burlington Northern Railroad; thence southerly along the east R.O.W. line of the
Burlington Northern Railroad to the north R.O.W. line of East Oak Street; thence
westerly along the north R.O.W. line of East Oak Street to the west R.O.W. line of South
Third Avenue; thence northerly along the west R.O.W. line of South Third Avenue to the
south lot line of the Grain Elevator property; thence westerly along the south lot line of
the Grain Elevator property, across South Second Avenue and along the south lot line of
the Dairy property, across South First Avenue and along the south lot line of the Wareco
Gas Station property, to the west R.O.W. line of South Main Street; thence northerly
along the west R.O.W. line of South Main Street to the South R.O.W. line of West
Railroad Street to the East R.O.W. line of South Avenue B; thence westerly across South
Avenue B and along the south R.O.W. line of the TP&W Railroad to a point directly
south of the intersection of the north R..O.W. line of the TP&W Railroad and the south
R.O.W. line of West Maple Street; thence northerly across the R.O.W. of the TP&W
Railroad to the intersection of the north R.O.W. line of the TP&W Railroad and the south
R.O.W. line of County West Maple Street, (which at this point is actually a county road
and will be referred to as County West Maple Street), to the west R.O.W. line of the
Spoon River College Road; thence northerly, westerly and again northerly along the west
R.O.W. line of the Spoon River College Road to the north R.O.W. line of Illinois State
Route 9; thence easterly along the north R.O.W. line of Illinois State Route 9 to a point
north of the west lot line of Sherwood Forrest Mobile Home Park; thence southerly
across the R.O.W. of Illinois State Route 9 and along the west lot line of the Sherwood
Forrest Mobile Home Park to the southwest corner of the Sherwood Forrest Mobile
Home Park; thence easterly, southerly, easterly and again southerly along the easterly
property line of the Metropolitan Sanitary District land to the northern R.O.W. line of the
County West Maple Street; thence easterly along the north R.O.W. line of County West
Maple Street to the City Limits line of West Maple Street; thence southerly across the
R.O.W. line of West Maple Street to the north R.O.W. line of the TP&W Railroad;
thence easterly along the north R.O.W. line of the TP&W Railroad to the point
beginning, said tract of ground all being in Fulton County in Illinois and containing 1.031
square miles, more or less.
METES AND BOUNDS DESCRIPTION ENTERPRISE ZONE
AS DESIGNATED BY ORDINANCE NO. 1209, AMENDING ORDINANCE
NUMBER 959 ENTITLES, "AN ORDINANCE INITIATING AND
COOPERATIVELY DESIGNATING AN ENTERPRISE ZONE".
Commencing at the intersection of south R.O.W. line of East Elm Street and the East
R.O.W. line of South Fifth Avenue; thence, south along the east R.O.W. line of South
Fifth Avenue to the south R.O.W. line of East Pine Street; thence, west along the south
R.O.W. line of East Pine street to the east R.O.W. line of South Fourth Avenue, being
also part of the boundary of the present Enterprise Zone; thence, north along the east
R.O.W. line of South Fourth Avenue and along the existing boundary of the present
Enterprise Zone to a point approximately 132.00 feet south of the south R.O.W. line of
East Elm Street; thence, east along the existing Enterprise Zone boundary approximately
78.50 feet; thence, north along the existing Enterprise Zone boundary approximately
132.00 feet to the south R.O.W. line of East Elm Street; thence, east along the south
R.O.W. line of East Elm Street to its intersection with the east R.O.W. line of South Fifth
Avenue, being also the point of beginning.
METES AND BOUNDS DESCRIPTION ENTERPRISE ZONE
AS DESIGNATED BY ORDINANCE NO. 1156, AMENDING ORDINANCE
NUMBER 959 ENTITLES, "AN ORDINANCE INITIATING AND
COOPERATIVELY DESIGNATING AN ENTERPRISE ZONE".
East R.O.W. line of North Fifth Avenue; thence southerly along the east R.O.W. line of
North Fifth Avenue to the South R.O.W. line of East Elm Street; thence westerly along
the south R.O.W. line of East Elm Street.