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HomeMy WebLinkAboutOrdinance #1497ORDINANCE N0. 1497 AN ORDINANCE VACATING A PLATTED BUT UNOCCUPIED STREET NORTH OF EAST MYRTLE STREET IN VILLAGE SQUARE SUBDIVISION SECTION VII OVER LOTS 5 AND 6 IN THE CITY OF CANTON, ILLINOIS. WHEREAS, Chapter 65, ILCS 5/11-91-1, et seq., Illinois Compiled Statutes Annotated provides, in part, that whenever the corporate authorities of 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, the street was dedicated on Plat of Section VII but has never been utilized as a street and has effectively been abandoned. WHEREAS, William S. Joachim and Lisa I. Joachim are the owners of all lots and surrounding and adjacent areas to said street. WHEREAS, the corporate authorities of the City of Canton, Illinois have determined that the public interest will be subserved by vacating a part of Unnamed Street in the City of Canton, Fulton County, Illinois, described as follows: Beginning at the Southeast corner of Lot 5 of Village Square Subdivision Section VII, thence Northwesterly along a curve of 151.31 feet, whose radius is 225.00 feet and whose chord bears North 21 degrees 52 minutes 02 seconds West a distance of 148.47 feet to the Northeast corner of Lot 5 thence South 61 degrees 13 minutes 56 seconds East a distance of 98.69 feet to the Northwest corner of Lot 6 thence Southeasterly along a curve of 90.41 feet, whose radius is 275.00 feet, and whose chord bears South 12 degrees O1 minutes 12 seconds East a distance of 90.00 feet, thence South 87 degrees 23 minutes 52 seconds West a distance of 50.00 feet to the place of beginning. The above described part of Unnamed street in the City of Canton, Illinois is shown on the plat which is attached hereto and made a part hereof; and WHEREAS, the Corporate authorities of the City of Canton, Illinois have determined that the relief to the public from further burden and responsibility of maintaining the above described part of Unnamed street constitutes a public use or public interest authorizing the vacation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, ILLINOIS, AS FOLLOWS: 1. The following described part of Unnamed street in the City of Canton, Fulton County, Illinois, be, and the same is hereby vacated, to-wit: Beginning at the Southeast corner of Lot 5 of Village Square Subdivision Section VII, thence Northwesterly along a curve of 151.31 feet, whose radius is 225.00 feet and whose chord bears North 21 degrees 52 minutes 02 seconds West a distance of 148.47 feet to the Northeast corner of Lot 5 thence South 61 degrees 13 minutes 56 seconds East a distance of 98.69 feet to the Northwest corner of Lot 6 thence Southeasterly along a curve of 90.41 feet, whose radius is 275.00 feet, and whose chord bears South 12 degrees O1 minutes 12 seconds East a distance of 90.00 feet, thence South 87 degrees 23 minutes 52 seconds West a distance of 50.00 feet to the place of beginning. The above described part of Unnamed Street herein vacated is shown on the plat which is attached hereto and made a part hereof. 2. The City of Canton, Illinois, retains the right to maintain, operate, repair and replace, by itself or by any licensee or a holder of a franchise from the City, any and all wires, pipes, conduits, sewer mains, water mains, or any other facility or equipment for the maintenance or operation of any utility now located beneath the surface of Unnamed Street herein vacated. 3. In the event any of the aforementioned utilities are removed or are no longer necessary to be preserved pursuant to consent by the corporate authorities of the City of Canton, Illinois and the utility company or companies operating such utilities, then and in that event the right of the City of Canton, Illinois to maintain, operate, repair and replace said utilities as above provided shall be terminated with respect to the premises herein vacated. 4. That the City Clerk of the City of Canton, Illinois is hereby directed to have a certified copy of this ordinance recorded in the Office of Recorder of Deeds of Fulton County, Illinois. 2 5. That this ordinance shall be in force and effect immediately upon its passage by the affirmative vote of at least three-fourths of the aldermen holding office of the City of Canton, Illinois and approval by the Mayor thereof PASSED by the affirmative vote of three-fourths of the aldermen holding office of the t of Canton, llinois and APPROVED by the Mayor thereof this ~~ ~ day of .~anaury ,1996. APPRO~E`D : ~ ') -~ -f Donald E. Edwar s, Mayor. ATTEST: rj n ~~ ~ ~ ~, atn y Whi es, City Clerk AYES: Aldermen Molleck, Hartford, Sarff, Meade, Shores, May. NAYS: None, ABSENT: Alderman Phillips and 1 resigned. 3 !~ ~ ~ ! ~~ ORDINANCE N0. 1497 AN ORDINANCE VACATING A PLATTED BUT UNOCCUPIED STREET NORTH OF EAST MYRTLE STREET IN VILLAGE SQUARE SUBDIVISION SECTION V11 OVER LOTS 5 AND 6 IN THE CITY OF CANTON, ILLINOIS. ~~ ~~. u~f C~-- , ~ ~ ~ ~ s a~ ~.-.-- 6..,.,`72 a ., _ ea!~i~ ~ ~l~~ t1~~.~a.[l'e7~taY ~t ~11~~~k ~'E1 ~e~ _~;~~ .,~ ~~~ ~~~f~~.~G:'.'~i7i1~iL~~~ 1~ t~.~li i ~f1 i"~i..Vt3~ii.' •.. z, ~Et;i-r~(~cG iii FEE.. ~ r s ~~ __L~r~._._ <~~ aiUUae~ . ulLn~1 d ('~L.1nlhi.~.:c C E R T I F I C A T E STATE OF ILLINOIS, ) CITY OF CANTON, ) SS. COUNTY OF FULTON. ) I, Nancy Whites, City County of Fulton and State as the City Clerk of the records, minutes; ordinance: of said City, and that the of Clerk of the City of Canton, in the of Illinois, do hereby certify that City of Canton, I am the keeper of and other books, records and papers foregoing is a true and correct copy ORDINANCE N0. 1497 AN ORDINANCE VACATING A PLATTED BUT UNOCCUPIED STREET NORTH OF EAST MYRTLE STREET IN VILLAGF. SQUARE SUBDIVISION SECTION V11 OVER LOTS 5 AND 6 IN THE CITY OF CANTON, ILLINOIS. adopted by the City Council of said City and approved by the Mayor thereof on the 16th day of January 19 95 WITNESS my hand and the Corporate Seal of the City of Canton, Illinois this 1~tr day of Marsh 19~_. (,Nay Whtea''~ , City Clerk «~ " 771 ~^= j .~° ~ ~, ~r: ;~ (S E A L~ "~ ) ORDINANCE N0. 1497 AN ORDINANCE VACATING A PLATTED BUT UNOCCUPIED STREET NORTH OF EAST MYRTLE STREET IN VILLAGE SQUARE SUBDIVISION SECTION VII OVER LOTS 5 AND 6 IN THE CITY OF CANTON, ILLINOIS. WHEREAS, Chapter 65, ILCS 5/11-91-1, et seq., Illinois Compiled Statutes Annotated provides, in part, that whenever the corporate authorities of 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, the street was dedicated on Plat of Section VII but has never been utilized as a street and has effectively been abandoned. WHEREAS, William S. Joachim and Lisa I. Joachim are the owners of all lots and surrounding and adjacent areas to said street. WHEREAS, the corporate authorities of the City of Canton, Illinois have determined that the public interest will be subserved by vacating a part of Unnamed Street in the City of Canton, Fulton County, Illinois, described as follows: Beginning at the Southeast corner of Lot 5 of Village Square Subdivision Section VII, thence Northwesterly along a curve of 151.31 feet, whose radius is 225.00 feet and whose chord bears North 21 degrees 52 minutes 02 seconds West a distance of 148.47 feet to the Northeast corner of Lot 5 thence South 61 degrees 13 minutes 56 seconds East a distance of 98.69 feet to the Northwest corner of Lot 6 thence Southeasterly along a curve of 90.41 feet, whose radius is 275.00 feet, and whose chord bears South 12 degrees O1 minutes 12 seconds East a distance of 90.00 feet, thence South 87 degrees 23 minutes 52 seconds West a distance of 50.00 feet to the place of beginning. . ; . ~:-.. -.+~.. ~. I^ The above described part of Unnamed street in the City of Canton, Illinois is shown on the plat which is attached hereto and made a part hereof; and WHEREAS, the Corporate authorities of the City of Canton, Illinois have determined that the relief to the public from further burden and responsibility of maintaining the above described part of Unnamed street constitutes a public use or public interest authorizing the vacation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, ILLINOIS, AS FOLLOWS: 1. The following described .part of Unnamed street in the City of Canton, Fulton County, Illinois, be, and the same is hereby vacated, to-wit: Beginning at the Southeast corner of Lot 5 of Village Square Subdivision Section VII, thence Northwesterly along a curve of 151.31 feet, whose radius is 225.00 feet and whose chord bears North 21 degrees 52 minutes 02 seconds West a distance of 148.47 feet to the Northeast corner of Lot 5 thence South 61 degrees 13 minutes 56 seconds East a distance of 98.69 feet to the Northwest corner of Lot 6 thence Southeasterly along a curve of 90.41 feet, whose radius is 275.00 feet, and whose chord bears South 12 degrees O1 minutes 12 seconds East a distance of 90.00 feet, thence South 87 degrees 23 minutes 52 seconds West a distance of 50.00 feet to the place of beginning. The above described part of Unnamed Street herein vacated is shown on the plat which is attached hereto and made a part hereof . 2.~ The City of Canton, Illinois, retains the right to maintain, operate, repair and replace, by itself or by any licensee or a holder of a franchise from the City, any and all wires, pipes, conduits, sewer mains, water mains, or any other facility or equipment for the maintenance or operation of any utility now located beneath the surface of Unnamed Street herein vacated. 3. In the event any of the aforementioned utilities are removed or are no longer necessary to be preserved pursuant to consent by the corporate authorities of the City of Canton, Illinois and the utility company or companies operating such utilities, then and in that event the right of the City of Canton, Illinois to maintain, operate, repair and replace said utilities as above provided shall be terminated with respect to the premises herein vacated. 4. That the City Clerk of the City of Canton, Illinois is hereby directed to have a certified copy of this ordinance recorded in the Office of Recorder of Deeds of Fulton County, Illinois. ~~f 3 P~ Otis 2 n ,~ ,~ 5. That this ordinance shall be in force and effect immediately upon its passage by the affirmative vote of at least three-fourths of the aldermen holding office of the City of Canton, Illinois and approval by the Mayor thereof PASSED by the affirmative vote of three-fourths of the aldermen holding office of the Cli~t_y of Canton, ~llinois and APPROVED by the Mayor thereof this t~ day of anaury ,1996. APPRO D: ~ Donald E. Edwar s, Mayor. ATTEST: ~ ~~~ ~/. ;' 1 an y Whi es, City Clerk AYES: Aldermen Molleck, Hartford, Sarff, Meade, Shores, May. NAYS: None. ABSENT:- Alderman Phillips and 1 resigned. 3 /" ' I •~ o . ~ r ~ ~ 2 ~ C ~ '~ g o Z 0 ~ °c Z i ~ ~ C 2 ~ `~ no ° ~,o ~ $ ~ ~~ ~ rt w ~ w 0 °, -~. 0 o v4~ '~ ~ oo. ~~ ~ • ,. ~ R x ]• ~.y: 3 w (~ °3°,~ ~0~C, • m O O q a ~0 m s n °°~ ~• a ~ ~. n ~ c °' o~ ~' ~o~~ ~ ~ n° o• v P, ~'~ o ° $ °~ OOi ~ N 1 c~~i ,J` ~ ~ ~ o ~~ n IU N~ ~i U w ~a n~ A m °, O rt O ~ ~o ~~ g ~. ~g -o ~• o~ o ;N p Q; O rt ~ a ~v V w" ~~q ~~~ ~'~~~ ~ I 4' u,$4q~o ~,o ° 2~~ ~c, m rva"~cowo'r.o~.~ ~w qvo ~ a a42, O J•~ Za ~ p4p~ 0;;•a O'~1N 2#a~0 C]] O O1~ ~ ~O: ~~ c o. ~..°. °. 3 "~ ~o _ a a~u a S~$a. ° $. ogoRa,so°as~a~s ~~,~~ .~w 2 ~ ~ _ ~~ ,. ~Uj,~ 0 O'~ O j•O O .O~,~A ~' .~o o p1~~ p~p yg~ N~N.~.,~, AO a~ ~ O .y. CO ~aV~°a#~o(~AC~i C a N ~ M ~,! i£9o~i S/ 3 . + 3 / o ° ~" p2 N y ~ ,, ac i, c i~ r ^'~vYyo , . n 0 , . ~~~~~t~ m 1 ~ ~ 1 ~ 1 / V ~ I ~ ~~a o ~~ o~~ii~nw~~ 3'o sP. ~$ S•'a' 2. ~ '~ ~ycn~p4° ~~5~ do n#j°' •O 'Onq ~O ~~,.40~044 ~~~~$~~ ~ s~~g ~~°~ ~~~ ~ ~ ~g a. ~N~. ~' ~. Nv~O WQ ~j005' ?q Orv~ Qadn33 P 4S ~~ $ ~ S. ° a ~ ray ~v. ~a~~o~° ea ~„ p ~~ ~ P ~~~ f ~- ~; ,. <.~~~ za:. _. . ~;:~. . 4 EXHIBIT B .. _. ~.~, ~ I ~ .I ~ ~ ~ i ~- 0 ° a / ~- I (D I / I / 0 I N N 00'29'58' W .. 90.5`"i ` 92.47 "~1 .y. ~ ~ ~ p~ ~~ O N~ ~ ~ r roN w a ~ C~ ~ ~ o m ~ °° ~~ L RO~,q`O y " `~ ~~ N ~- F z~ N O a~~~~ , n r ~ ~ 0 0 . ~~N~ ZN~ u, ., u ,c, ~ QQy pp ~ OV ~ ~ `9V~ ~ ~ N~~ g ~ Li ~. `~ ~~ i~ ~ •3w _- :~ CLAU DON, LLOYD, BARN HART & REAL, LTD. ATTORNEYS AT LAW 12t WEST ELM STREET CHESTER J. CLAUDON CANTON, ILLINOIS 61520 JAMES E. LLOYO TELEPHONE (309) 647-6300 D D GARY E. BARNHART BRUCE C. BEAL FAX (309) 647-0022 March 4, 1996 James J. Elson 1522 East Ash Street Canton, IL 61520 RE: Village Square Subdivision Vacation of Street Dear Jim: Find enclosed copy of a driveway easement which we have recorded in Fulton County. We have received word from the assessor's office that the driveway easement cannot be issued because they have no record of the street indicated on the Exhibit B plat lying East of Lot 5 being vacated. Would you please furnish me with the appropriate documents so that we can get this matter resolved? Thanking you in advance, I remain, Sincerely, CLAUDON, LLOYD, BARNHART & BEAL, LTD. BY: GEB/sb Enclosures cc: Nancy Whites BOOK 13 ~ ~ PdGE ~ ~ ~- __ ,_ ,. , ,..,,.,. n„~f~,~7Y (~~ ~'~~:; ~;,: ,_., '`!hii ~, VIA ~L...1 i~: \!1 a1, t.IJVIJ' t/I: T ~I '.l ~ry. ~'~. ~.'l: ~;.~: ,~.~ ~ i i I f VI1Y 1 :-JVlti l/:ti 1..... 1 :7 ~ ...:..~i. ,: ... /tltf Gi "" n1' ;~.. iLLyJitlla%~ !~ 1iC,. ' rn'v~ DRIVEWAY EASEMENT /t ~~ ~ GRANTORS, WILLIAM S. JOACHIM and LISA I. JOACHIM, husband and wife, individually, and each in his and her own right and as spouse of the other, hereby grant and convey to STEVEN D. NINES and PATRICIA L. NINES, husband and wife as tenants by the entirety, GRANTEES, an easement in perpetuity, for ingress and egress over, along and upon Parcel IV as described on Exhibit A which is attached hereto and made a part hereof by reference on the following terms and conditions: Section 1 Driveway Purposes: "Driveway Purposes" as used in this agreement shall mean a residential driveway to be used as a method of ingress and egress for residential (as opposed to commercial) purposes. It is agreed that, except during construction, maintenance ar improvement of either the GRANTORS' or GRANTEES' respective properties, that no commercial vehicle shall be allowed to drive along or upon the driveway on a regular or recurring basis. SECTION 2 Construction & Maintenance: The driveway described herein shall be constructed and maintained in good repair by the GRANTORS and the GRANTEES, each party paying one-half (1/2) of the respective cost of construction and thereafter one-half (1/2) of the respective cost of maintenance thereof so long as the driveway easement shall remain in place or until this agreement is released, modified or rescinded by mutual agreement by the respective parties successors or assigns. The driveway shall be constructed and maintained with a gravel base and thereafter such other materials as the respective parties and their successors and assigns may agree from time to time hereafter. The parties shall share the cost of any protective coating or sealing or repair of the driveway as needed from time to time, but at least on the basis of a tri-annual basis. During the time that the easement is gravel, the parties agree to equally share the cost of applying a suitable dust inhibitor from time to time as needed or upon the request of either party hereto. Any extraordinary cost of repair or rebuilding the driveway improvements shall also be shared equally except that any damage due to the negligence of any third person who uses or has used the driveway improvement pursuant to the authority of either party hereto, and in such case, then the party granting such authority or using the driveway in such fashion shall be liable for the damages and the cost of repair thereof. Additionally, either party who uses the driveway in violation of this agreement shall be responsible to the other for any damages for the repair or replacement thereof. SECTION 3 Obstructions• Neither party shall obstruct, impede or interfere, either with the other, in the reasonable use of the driveway improvements for the purpose of ingress and egress to and from the parties' respective properties. SECTION 4 Binding Effect: This agreement shall bind the driveway property described on Exhibit A and each of the parties shall be bound hereby and their respective successors in title, heirs and assigns shall be bound by the terms and conditions of this Driveway Easement. SECTION 5 Breach• In the event either party shall breach the terms and conditions of this agreement, the non-breaching party shall pay the breaching party's attorney's fees, court costs and witness expenses reasonably incurred in the enforcement of the terms and conditions of this agreement. SECTION 6 Descri~tion- This Driveway Easement fully describes the parties' agreement as to the terms of the easement for ingress and egress described in a warranty deed of conveyance of Parcels I, II and III from GRANTORS to GRANTEES in which said deed also provided for an ingress and egress over a parcel described as Parcel IV therein, all as more fully described by the legal description and plat attached thereto as Exhibit B. ~~ Dated at Canton, Illinois, this ~ day of ~~a , 1996. GRANTORS: ,~ ~ "WILL ~ JOACHIM .mot , G~:'2~--, LI A I. JOAC M STATE OF ILLINOIS, ) SS. COUNTY OF FULTON ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid do hereby certify that WILLIAM S. JOACHIM and LISA I. JOACHIM, personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act for the GRANTEES: C S VEN D. HINES PATRICIA L. HINES uses and purposes therein set forth. of Given under my ~r ~c~r , hand and notarial seal this 1996. MY COMMISSION EXPIRES +~ day STATE OF ILLINOIS, ) SS. COUNTY OF FULTON ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid do hereby certify that STEVEN D. HINES and PATRICIA L. HINES, personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act for the uses and purposes therein set forth. h Given under my hand and notarial seal this ~+~ day of ,~ h , 1996 . ~- OFFICIAL~ BEAL~ ~ ~ ~ ~ ' RICK R KLINEDINST Notary Public NOTARV PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 9.28-98 MY COMMISSION EXPIRES This document prepared by: Return to: Claudon, Lloyd, Barnhart & Beal, Ltd. Same 121 West Elm Street Canton, IL 61520 - , _ , EXHIBIT A Parcel I: Lot Five (5) in Section Seven (7) of Village Square Subdivision, located in the City of Canton, County of Fulton, State of Illinois. Parcel II: Apart of the Northeast Quarter of Section 26, Township 7 North, Range 4 East of the Fourth Principal Meridian, Fulton County, Illinois, described as follows: Beginning at the Northwest corner of Lot 5 in Village Square Subdivision, Section 7; thence bearing North 0 degrees 29 minutes 58 seconds West, a distance of 92.47 feet to an iron rod; thence bearing South 88 degrees 09 minutes 19 seconds East a distance of 101.64 feet to an iron rod; thence bearing South 14 degrees 06 minutes 31 seconds Ealatte~ddstreetelying6Eastfoft to a point on the North line of a p said Lot 5; thence along said North line bearing North 61 degrees 13 minutes 55 seconds West, a distance of 33.52 feet to the Northeast corner of said Lot 5; thence bearing South 48 degrees 52 minutes 03 seconds West, a distance of 106.55 feet to the PLACE OF BEGINNING containing 5189 square feet or 0.119 acres. Parcel III: A part of the platted street lying East of Lot 5 in Village Square Subdivision, Section 7, a subdivision of a part of the Northeast Quarter of Section 26, Township 7 North, Range 4 East of the Fourtr. Principal i~ieridian, Fulton County, Illinois, described as follows: Beginning at the Northeast corner of said Lot 5; thence along the North line of said street bearing South 61 degrees 13 minutes 55 seconds East, a distance of 33.52 feet to a point; thence bearing South la degrees 06 minutes 31 seconds East, a distance of 79.42 feet to a point on the East line of said Lot 5; thence along said East line around a curve in a counterclockwis e direction having a delta angle of 27 degrees O1 minutes 25 seconds, an arc distance of 106.12 feet, a radius of 225.00 feet, and a chord of North 27 degrees 37 minutes 14 seconds West, a distance of 105.14 feet to the PLACE OF BEGINNING containing 538 square feet or 0.012 acres. Parcel IV: A perpetual easement foandnuronsaapartgofstheo Parcels I, II and III, over, along P vacated street lying East of Lot 5 in Village Square Illinois Subdivision, Section 7, City of Canton, Fulton County, described as follows: The West Half of said vacated street, excepting therefrom the following described parcel: Beginning at the Northeast corner of said Lot 5; thence along the North .~ ~ _ •~. ~ ' '~ EYHIBIT A (Cont'd) line of said street bearing South 61 degrees 13 minutes 55 . seconds East, a distance of 33.52 feet to a point; thence bearing South 14 degrees 06 minutes 31 seconds East, a distance of 79.42 feet to a point on the East line of said Lot 5; thence along said East line around a curve in a counterclockwise direction having a delta angle of 27 degrees O1 minutes 25 seconds, an arc distance of 106.12 feet, a radius of 225.00 feet, and a chord of North 27 degrees 37 minutes 14 seconds West, a distance of 105.14 feet to the PLACE OF BEGINNING containing 538 square feet or 0.012 acres, said exception being Parcel III hereinabove described.