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HomeMy WebLinkAboutOrdinance #1398 ORDINANCE N0. 1398 AN ORDINANCE PROVIDING FOR THE REFORMATION OF A LEASE OF REAL ESTATE FROM THE CITY OF CAPTOR, ILLINOIS AN ILLINOIS MQNICIPAL CORPORATION TO THE CAPTOR STATE BANG, AH ILLINOIS BARRING CORPORATION WHEREAS, on March 15, 1977 the City of Canton, Illinois, an Illinois municipal corporation leased to the Canton State Bank, an Illinois banking corporation of the same city, certain real estate described in said lease, a tract of land with approximate dimensions of 15'EW and NS dimensions of approximately 115' consisting generally of a tract of land lying on the east side of the center of Main Street in said City; and, WHEREAS, the term of said Lease was for an initial period of 60 years as is provided therein; and, WHEREAS, said Lease provides in paragraph 1(b)(1) for the construction of a 30' wide, more or less, concrete paved area on the entire east side of the leased real estate; and, WHEREAS, in said Lease in paragraph 3 it is provided that: "The usage of the 30' concrete paved area ... shall be determined from time to time at the sole discretion of the City"; and, WHEREAS, it is further provided in paragraph 3 of said Lease that "...any part of the leased realty or the 30' concrete paved area which may from time to time be disturbed by the City shall be restored at City's expense"; and, WHEREAS, it has been determined that the concrete paved area at the present time constricts traffic flow and hinders travel and that it would be in the best interest of the safety of the citizens of Canton to change the design of same; and, WHEREAS, the City proposes pursuant to the authority it reserved, to reduce the paved concrete area in front of Lessee's banking facility and the parties have agreed to reform the Lease of March 15, 1977. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COIINCIL OF THE CITY OF CANTON, ILLINOIS AS FOLLOWS: 1. That the Lease by and between the City of Canton, an Illinois municipal corporation and the Canton State Bank, an Illinois banking corporation dated March 15, 1977 shall be modified by changing the nature and size of the concrete paved area paralleling the entire easterly side of the bank's facility. 2. That the paved concrete area shall be reduced to approximately half its original east-west dimension according to the plat hereto attached. 3. That in all other respects, the Lease of March 15, 1977 be and the same is hereby ratified and reaffirmed by the parties thereto. 4. That the Lease modification shall incorporate all of the material provisions of this Ordinance. 5. That this Ordinance shall be proposed and considered for final adoption or disposition by the City Council of the City of Canton, Illinois at its regular meeting to be held on the date of September 7, 1993 in the Council Chambers of the Canton City Building, 210 E. Chestnut Street, Canton, Illinois. 6. That the City Clerk of the City of Canton shall give notice of the intention to adopt this Ordinance by publishing same at least once in a daily or weekly newspaper published in this City with first publication to be not less than 15 nor more than 30 days before the date on which it is proposed to be adopted. 7. That the form of notice to be published by the City Clerk of the City of Canton shall be in substantially the following form: N O T I C E Public notice is hereby given to all interested persons as follows: A. Corporate authorities of the City of Canton, Illinois propose and intend to adopt an ordinance providing for the revision and reformation of the terms of a certain lease of real estate owned or controlled by the City of Canton to Canton State Bank, an Illinois banking corporation of this City, the original Lease being dated March 15, 1977. B. The real estate to be leased remains unchanged. C. The terms of the Lease concerning construction of the paved concrete area easterly of the leased real estate (sidewalk) are to be changed to cover approximately 1/2 of the area originally provided for. D. The surface of the real estate thus released will be utilized for right-of-way purposes for the street. E. Restrictive language has insured the right of the City to utilize the sub-surface of the real estate for city utilities present and future and above ground utility poles and wires wil be prohibited. F. The corporate authorities intend to take final action on this Ordinance at the regular meeting of the City Council of the City of Canton to be held on the date of September 7, 1993 commencing at the hour of 6:30 o'clock P.M. in the Council Chambers, 210 East Chestnut Street, Canton, Illinois. Signed: CITY OF CANTON, ILLINOIS By: S/Nancy Whites, City Clerk This Ordinance shall be in full force and effect upon its adoption by the City Council of the City of Canton and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Illinois and approved by the Mayor thereof this 17th day of a, ig~asi- 1993 . AYES: Aldermen Coay, Molleck, Phillips, Sarff, Meade, May, Chapman. RAYS: None. ~~T ~ Alderman. Bohler , AP VED: G~c L/~--G ~Lz onald E. E wards, Mayor ATE ST : -~ ~ ~ n y s, ~ 'y er . ORDINANCE N0. 1398 AN ORDINANCB PROVIDING FOR THE REFORMATION OF A LEASE OF REAL ESTATE FROM THE CITY OF CANTON, ILLINOIS AN ILLINOIS MQNICIPAL CORPORATION TO THE CANTON STATE BANG, AN ILLINOIS BAKING CORPORATION WHEREAS, on March 15, 1977 the City of Canton, Illinois, an Illinois municipal corporation leased to the Canton State Bank, an Illinois banking corporation of the same city, certain real estate described in said lease, a tract of land with approximate dimensions of 15'EW and NS dimensions of approximately 115' consisting generally of a tract of land lying on the east side of the center of Main Street in said City; and, WHEREAS, the term of said Lease was for an initial period of 60 years as is provided therein; and, WHEREAS, said Lease provides in paragraph 1(b)(1) for the construction of a 30' wide, more or less, concrete paved area on the entire east side of the leased real estate; and, WHEREAS, in said Lease in paragraph 3 it is provided that: "The usage of the 30' concrete paved area ... shall be determined from time to time at the sole discretion of the City"; and, WHEREAS, it is further provided in paragraph 3 of said Lease that "...any part of the leased realty or the 30' concrete paved area which may from time to time be disturbed by the City shall be restored at City's expense"; and, WHEREAS, it has been determined that the concrete paved area at the present time constricts traffic flow and hinders travel and that it would be in the best interest of the safety of the citizens of Canton to change the design of same; and, WHEREAS, the City proposes pursuant to the authority it reserved, to reduce the paved concrete area in front of Lessee's banking facility and the parties have agreed to reform the Lease of March 15, 1977. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COIINCIL OF THE CITY OF CANTON, ILLINOIS AS FOLLOWS: 1. That the Lease by and between the City of Canton, an Illinois municipal corporation and the Canton State Bank, an Illinois banking corporation dated March 15, 1977 shall be modified by changing the nature and size of the concrete paved area paralleling the entire easterly side of the bank's facility. 2. That the paved concrete area shall be reduced to approximately half its original east-west dimension. 3. That in all other respects, the Lease of March 15, 1977 be and the same is hereby ratified and reaffirmed by the parties thereto. 4. That the Lease modification shall incorporate all of the material provisions of this Ordinance. 5. That this Ordinance shall be proposed and considered for final adoption or disposition by the City Council of the City of Canton, Illinois at its regular meeting to be held on the date of September 7, 1993 in the Council Chambers of the Canton City Building, 210 E. Chestnut Street, Canton, Illinois. 6. That the City Clerk of the City of Canton shall give notice of the intention to adopt this Ordinance by publishing same at least once in a daily or weekly newspaper published in this City with first publication to be not less than 15 nor more than 30 days before the date on which it is proposed to be adopted. 7. That the form of notice to be published by the City Clerk of the City of Canton shall be in substantially the following form: A O T I C E Public notice is hereby given to all interested persons as follows: A. Corporate authorities of the City of Canton, Illinois propose and intend to adopt an ordinance providing for the revision and reformation of the terms of a certain lease of real estate owned or controlled by the City of Canton to Canton State Bank, an Illinois banking corporation of this City, the original Lease being dated March 15, 1977. B. The real estate to be leased remains unchanged. C. The terms of the Lease concerning construction of the paved concrete area easterly of the leased real estate (sidewalk) are to be changed to cover approximately 1/2 of the area originally provided for. D. The surface of the real estate thus released will be utilized for right-of-way purposes for the street. E. Restrictive language has insured the right of the City to utilize the sub-surface of the real estate for city utilities present and future and above ground utility poles and wires wil be prohibited. F. The corporate authorities intend to take final action on this Ordinance at the regular meeting of the City Council of the City of Canton to be held on the date of September 7, 1993 commencing at the hour of 6:30 o'clock P.M. in the Council Chambers, 210 East Chestnut Street, Canton, Illinois. CITY OF CANTON, ILLINOIS By: S/Nancy Whites, City Clerk This Ordinance shall be in full force and effect upon its adoption by the City Council of the City of Canton and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Illinois and approved by the Mayor thereof this 17th day of August , 1993. AYES: Aldermen Coay, Molleck, Phillips, Sarff, Meade, May, Chapman. NAYS: None. ABSENT Alderman Bohlen. APPR D: i ~/~ ~~/~ onald E. Edwards, Mayor ATTEST: ~__~~,(~ n y Whi s, City Clerk. ~.. CITY OF CANTON 210 East Chestnut, Canton, Illinois 61520 • Telephone 309/647-0020 Donald E. Edwards, Mayor Nancy S. Whites, crrycierk Patricia A. Wright, city Treasurer James J. Elson Chartered, City Attorney Robert W. Anderson, City Engineer Christopher M. Spears, Uirecrorotadmrnrsrrarion A O T I C E Public notice is hereby given to all interested persons as follows: A. Corporate authorities of the City of Canton, Illinois propose and intend to adopt an ordinance providing for the revision and reformation of the terms of a certain lease of real estate owned or controlled by the City of Canton to Canton State Bank, an Illinois banking corporation of this City, the original Lease being dated March 15, 1977. B. The real estate to be leased remains unchanged. C. The terms of the Lease concerning construction of the paved concrete area easterly of the leased real estate (sidewalk) are to be changed to cover approximately 1/2 of the area originally provided for. D. The surface of the real estate thus released will be utilized for right-of-way purposes for the street. E. Restrictive language has insured the right of the City to utilize the sub-surface of the real estate for city utilities present and future and above ground utility poles and wires will be prohibited. F. The corporate authorities intend to take final action on this Ordinance at the regular meeting of the City Council of the City of Canton to be held on the date of September 7, 1993 commencing at the hour of 6:30 otclock P.M. in the Council Chambers, 210 East Chestnut Street, Canton, Illinois. Signed: CITY OF CANTON, ILLINOIS By: S/Nancy Whites, City Clerk INSTRIICTIONS TO PIIBLISHER: Please publish the foregoing as a legal notice one time, not later than August 20, 1993• Send certification and bill to: City Clerk, City Hall, 210 East Chestnut Street, Canton, Illinois 61520.