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HomeMy WebLinkAboutOrdinance #1425ORDINANCE N0. 1425 AN ORDINANCE VACATING AN ALLEY LYING SOIITH OF LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9 & 10 IN BLOCK 4 OF BABCOCK'S QIIALITY HILL ADDITION TO CANTON, FIILTON CODNTY, ILLINOIS WHEREAS, the City of Canton has agreed to convey the parcels of land known as Wallace Park to the Canton Park District; and, WHEREAS, it appears that there is a dedicated alley lying immediately South of Lots 1 through 10 of Block /~, Babcock's Quality Hill Addition to Canton which lies between lands to be conveyed by the City of Canton to the Canton Park District (Lots 1 through 10 and a large tract of land to the South of the alley are to be conveyed to the Canton Park District.) WHEREAS, 65 Illinois Compiled Statutes 5/11-g1-1 et seq. provides in part that whenever corporate authorities of a municipality in the State of Illinois determine 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 ordinance; and, WHEREAS, the corporate authorities of the City of Canton, Fulton County, Illinois have determined that the public interest will be subserved by vacating the East-West alley lying South of Lots 1 through 10 of Block 4, Babcock's Quality Hill Addition to Canton, all as more fully described hereafter and as set forth on the plat shown as Exhibit A; and, WHEREAS, the alley described and the properties contiguous to same are totally within the jurisdiction and the corporate boundaries of the City of Canton; 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 below-described part of the East-West alley constitutes a public use or public interest authorizing the vacation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COIINCIL OF THE CITY OF CANTON, Fulton County, Illinois, as follows: 1. That the Canton City Council hereby finds the foregoing recitals to be fact. 2. That the entire East-West alley lying South of Lots 1 through 10 of Block 1,., Babcock~s Quality Hill Addition to the City of Canton, be and the same is hereby vacated. The legal description of said alley is as follows: A part of Block 4 in Babcock's Quality Hill Addition to Canton as recorded in the Fulton County Courthouse Book 165, Page 101 more particularly described as follows: Beginning at the Southeast corner of Lot 1 in said addition and running thence Westerly 526.0 feet to the Southwest corner of Lot 10 in said addition; thence South 16.5 feet to the south line of said addition; thence Easterly along the South line of the Babcock~s Quality Hill Addition 526.0 feet to the Southeast corner of said addition; thence Northerly along the East line of said addition 16.5 feet to the point of beginning, all in the City of Canton, County of Fulton, State of Illinois. 3. That this vacation is specifically made subject to any existing easements, including but not limited to, gas and electric transmission lines, water and sewer lines, cable television lines or any other present or future public utilities. Said easements shall run in favor of the City of Canton. l,.. The City Clerk of the City of Canton, Illinois, is hereby directed to cause a certified copy of this ordinance to be filed with the office of the Fulton County Recorder of Deeds immediately upon the passage and approval of this ordinance. 5. This ordinance shall be in full force and effect immediately upon its passage by the affirmative vote of at least three-fourths of the aldermen holding office in the City of Canton, Fulton County, Illinois, at a regular meeting this 5th day of April , 1994 upon a roll call vote as follows: AYES: Aldermen Cha°man, May, Meade, Sarff, Phillips, Molleck, Coay. NAYS: None. ABSENT: Alden~an. Bohler. APPROVED: Donald E. Edwards, Mayor ATTEST: ~ ~~' Nancy White City Clerk. ORDINANCE N0. WALNUT STREET 10- 9 8 7 v 5 4 3 2 1 8!. K QV ITY HILL AD 1T10 TO C ~ ~~ -~ -1 -/ 11 11 11 M ~ 7 ALLEY TO BE VACATED ~„ W W WAU.AC~ PARK CONVEYED TO f L] ~ CANTON PARK D19~TRIC1' 111 ~ N ~ ~ ~ Z ~+ OEDICATiON FOR W ROADWAY AND ' n P116LIC U1'ILITIE9 ~~ Q ~ i 500.0' ~ -- ---- RAY STREET wA~cATED~ - .n SCALE i' =100' CERTIFICATE STATE C~' ILLII~IS , ) SS. COUNTY OF FULT~IV . ) I, Nancy jlhites, City Clerk of the City of Canton, in the CoLmty of Fulton and State of Illinois, do hereby certify that as the City Clerk of the City of Canton, I am the keeper of records, mirnites, ordinances and other books, records and papers of said City, and that the foregoing is a true and correct 0o'.-7y of ORDINANCE N0, 1425 AN ORDINAiANCE VACATING AN ALLEY LYING SOUTH OF L,(7I'S 1, 2 , 3 , 4, 5, 6, 7, 8, 9, & 10 IN BLACK 4 OF BABCACK'S ADDITION TO CANPON, FULTON COUNTY, ILLLNOIS. adapted by the City Coulcil of said City and approved by the Mayer thereof on the Sth day of April 19 94 WITNESS toy hand and the Corporate Seal of the City of Canton, Illinois this 8th ~y of April 19 94 ~~~~~ ~. ~- , ~ty (SEAL) U,~ a C E R T I F I C A T E STATE c~' II.LINOIS, > ~, ,, > ss. COUNTY OF FULTL~N . ) '~ ~ ` ~ . _ '=.`is' k i~ ,,, .. .. I, Nancy t~liites, City Clerk of the City of Canton, in the County of Fulton and State of Illinois, cb hereby certify that as the City Clerk of the City of Canton, I am the keeper of records, minutes, ordinances and other books, records and papers of said City, and that the foregoing is a true and correct cony of: ORDINANCE N0. 1425 AN ORDINANCE VACATING AN ALLEY LYING SOUTH OF LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, & 10 IN BLOCK 4 OF BABCOCK'S ADDITION 'Ib CANTON, FULTON COU~'TY, ILLINOIS. adapted by the City Council of said City and approved by the Mayor thereof on the 5th aay of April 19 94 WI'IivESS rry hand and the Corporate Seal of the City of Canton, Illinois this 8th ~y of April 19 94 ~~o~ ~ I `~ ~" (T -~, , ~ , a ~ v ~~~ y tes , ity ~~ ~~~ 7'3i1s documont the 1~ ti~~.s p'-"eP~.red by JAA~g awt,o.ffices of ~ . l,L„ ON, CIiA.R TERED 1522 East Ash Street Canton xllinois 6150 p5 y~o . ~ ,~ ,, '~~~ '~ ~ . ~~ t ~ 199' q'7o _q~y ORDINANCE N0. 1425 AN ORDINANCE VACATING AN ALLEY LYING SODTH OF LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9 & 10 IN BLOCg 4 OF BABCOCS'S QOALITY HILL ADDITION TO CANTON, FIILTON COONTY, ILLINOIS ii~REAS, the City of Canton has agreed to convey the parcels of land known as Wallace Park to the Canton Park District; and, T~REAS, it appears that there is a dedicated alley lying immediately South of Lots 1 through 10 of Block 1,., Babcock's Quality Hill Addition to Canton which lies between lands to be conveyed by the City of Canton to the Canton Park District (Lots 1 through 10 and a large tract of land to the South of the alley are to be conveyed to the Canton Park District.) iiHEREAS, 65 Illinois Compiled Statutes 5/11-91-1 et seq. provides in part that whenever corporate authorities of a municipality in the State of Illinois determine 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 ordinance; and, SEAS, the corporate authorities of the City of Canton, Fulton County, Illinois have determined that the public interest will be aubserved by vacating the East-West alley lying South of Lots 1 through 10 of Block 4, Babcock's Quality Hill Addition to Canton, all as more fully described hereafter and as set forth on the plat shown as Exhibit A; and, iif~REAS, the alley described and the properties contiguous to same are totally within the jurisdiction and the corporate boundaries of the City of Canton; and, his 8°cumEnt was Prepared by the lam o:~fices of (~ c,,~+ FAMES J'. ELSON, CHARTERED l 152 East Asti Street L;antai~, T1linois 61520 Y'~~ U.-Q ;~ r~ WSEREA3, 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 below-described part of the East-West alley constitutes a public use or public interest authorizing the vacation. HOW, TFIF~EFORE, BE IT ORDAINED BY THE CITY COIINCIL OF THE CITY OF CAI~TOH, Fulton County, Illinois, as follows: 1. That the Canton City Council hereby finds the foregoing recitals to be fact. 2. That the entire East-West alley lying South of Lots 1 through 10 of Block l,,, Babcoek's Quality Hill Addition to the City of Canton, be and the same is hereby vacated. The legal description of said alley is as follows: A part of Block 4 in Babcock's Quality Hill Addition to Canton as recorded in the Fulton County Courthouse Book 165, Page 101 more particularly described as follows: Beginning at the Southeast corner of Lot 1 in said addition and running thence Westerly 526.0 feet to the Southwest corner of Lot 10 in said addition; thence South 16.5 feet to the south line of said addition; thence Easterly along the South line of the Babcock's Quality Hill Addition 526.0 Peet to the Southeast corner of said addition; thence Northerly along the East line of said addition 16.5 feet to the point of beginning, all in the City of Canton, County of Fulton, State of Illinois. 3. That this vacation is specifically made subject to any existing easements, including but not limited to, gas and electric transmission lines, water and sewer lines, cable television lines or any other present or future public utilities. Said easements shall run in favor of the City of Canton. 4. The City Clerk of the City of Canton, Illinois, is hereby directed to cause a certified copy of this ordinance to be filed with the office of the ~zlton County Recorder of Deeds immediately upon the passage and approval of this ordinance. 5. This ordinance shall be in full force and effect immediately upon its passage by the affirmative vote of at least three-fourths of the aldermen holding office in the City of Canton, PZ.ilton County, Illinois, at a regular meeting this 5th day of April , 1991+ upon a roll call vote as follows: AYES: Aldermen (.'haom~~n, May, Meade, Sarff, Phillips, Molleck, Coay, NAYS: ~e• ABSENT: Alderman Bohler, APPROVED: ~~~~ Donald E. wards, Mayor ATTEST: A ~~ i Nancy Whites' City Clerk. ~~`~~~ ~ ti~acl~?11~za w . ~~re;~~,~ ~,3 r`;. as ~ ,L~ , ~. ~ ~ ~? z~~~,~ t As'~ S ~;~° a ~~ ~' C~~:~c~:z, :~ z.::.'~.:~ai~~ ~1~:~~c U ~ ~ P~ y ~~ :~ ORDINANCE N0. 142s WALNUT r~ a~~ M[TTIIAL RELEASE OF LEASES The City of Canton, an Illinois municipal corporation and the Canton Park District, an Illinois municipal corporation, for good and sufficient considerations from one to the other, the sufficiency of which is acknowledged by each, mutually release each other from the terms of two leases, between them, to wit: 1) An unrecorded lease dated September 3, 1963 for a term of 50 years beginning September 1, 1978 for a parcel commonly known as South Park and being legally described as follows: Part of the Northeast Quarter of Section 34, Township 7 North, Range 4 East of the Fourth Principal Meridian, designated as "Park" on the plat of Wright's Addition to Canton, being bounded on the North by East Oak Street, on the East by South Second Avenue, on the South by East Hickory Street and on the West by South First Avenue, all situated in Fulton County, Illinois, and 2) An unrecorded lease dated October 18, 1949 for a term of 99 years beginning October 18, 1949 for two parcels of land being legally described as follows: LOTS NUMBERED ONE (1) TO TEN (10) BOTH INCLUSIVE OF BLOCK FOUR (4) BABCOCK'S QUALITY HILL ADDITION TO CANTON, SITUATED IN THE CITY OF CANTON, COUNTY OF FULTON AND STATE OF ILLINOIS. ALSO. APART OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION THIRTY FOUR (34) IN TOWNSHIP SEVEN (7) NORTH, RANGE FOUR (4) EAST OF THE FOURTH PRINCIPAL MERIDIAN, SITUATED IN THE TOWN OF CANTON, COUNTY OF FULTON AND STATE OF ILLINOIS, DESCRIBED AS FOLLOWS, TO-WIT: Beginning at the Southeast corner of Babcock's Quality Hill Addition to said City of Canton, thence West along the South side of said Addition 576 feet to the West side of West Fourth Street, thence South along the West side of said West Fourth street in Quality Hill Second Addition, 403 1/2 feet to -the North line of what is known as the "Van Winkle Tract of Land", thence East 576 feet to the Public Road and thence North to the place of beginning. ,r. In witness and in compliance with resolutions or ordinances adopted by the governing officials of both municipal corporations, the parties have executed this mutual release on this Stn day of April ,_ 1994 ~.. CITY OF CANTON, an Illinois municipal corporation, By: Donald E. dwards, Mayor ATTEST: aricy Whit~ls, City Clerk. CANTON PARK DISTRICT, an Illinois municipal corporation, ,: -./ ... ..- , President T: Secretary.