HomeMy WebLinkAbout#4036 CERTIFICATE
STATE OF ILLINOIS, )
CITY OF CANTON, ) SS.
COUNTY OF FULTON. )
I, Diana Pavley-Rock, City Clerk of the City of Canton, in the County of Fulton, and the State of
Illinois, do 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 copy of:
ORDINANCE NO 4036
ORDINANCE VACATING PART OF A PUBLIC ROADWAY
Adopted by the City Council of said City and approved by the Mayor thereof on the 19th day of
July 2016
Witness my hand and the corporate seal for the City of Cant , Illinois, is 19 ay July
2016
Diana Pavley-Rock, City Clerk
(SEAL)
ORDINANCE NO. 4036
ORDINANCE VACATING PART OF A
PUBLIC ROADWAY
WHEREAS, DAVID J. DUQUENNE and CYNTHIA S. DUQUENNE, and KEVIN D.
MYERS and BETH MYERS, (hereinafter collectively referred to as "Petitioners') petitioned
the City of Canton to Partially Vacate a Public Roadway;
WHEREAS, Petitioners are the owners of Lots 9 and 10 in Boron Estates, a subdivision
of the City of Canton, County of Fulton, whose plat of subdivision is recorded in the Fulton
County Land Records in Plat Book 6, page 34; Lot 10 is commonly known as 940 N. 8th Avenue
and 945 N. 8th Avenue.
WHEREAS, the Petitioners' Lots are located at the farthest northern end of North 8th
Avenue where North 8th Avenue, as currently existing, ends and terminates into agricultural
fields.
WHEREAS, the original Plat of Boron Estates Subdivision provided for a dedication of
public roadways to extend east and west from North 8th Avenue and to travel along the
northern boundary lines of Lots 9 and 10 in Boron Estates Subdivision in order to connect
North 8th Avenue with North 7th and North 9th Avenues. Said public roadways were never
accepted by the City of Canton nor constructed as originally platted.
WHEREAS, the dedicated roadways extending east and west from the end of North
8th Avenue, have never been created and have remained unimproved since the platted
subdivision was created.
WHEREAS, as a result, Petitioners have utilized all of the dedicated roadways
extending east and west from North 8th Avenue as part of their residential lots.
WHEREAS, certain overhead public utility easements exist along northern boundary of
the platted roadway sought to be vacated by this Petition.
WHEREAS, Petitioners seek to vacate part of the dedicated roadways contained on
the Boron Estates Subdivision Plat, for the reasons hereinabove set forth; Petitioners seek to
vacate that part of the roadway as shown by the Vacation Plat, attached hereto as Exhibit A.
WHEREAS, Petitioners propose that a 10 foot utility easement running along the north
side of the roadway sought to be vacated remain as a valid easement running with the land.
WHEREAS, other than as stated above, Petitioner, does not propose that the vacation
requested herein affect or involve the vacation of the public roadway known as North 8th
Avenue, which serves the subdivision, nor does Petitioner seek to interfere with or remove any
1
utility easements other than as stated herein or any other part of the subdivision property and
requests that those utility easements will remain in place and in full force and effect.
WHEREAS, that the proposed vacation will not abridge or destroy any of the rights or
privileges of other owners in Boron Estates.
WHEREAS, That the proposed vacation does not conflict with the land use plans of
the City of Canton for residential purposes with the surrounding residential uses of the
remaining subdivision and this vacation is consistent with prudent land use and management.
WHEREAS, the Petition presented by the Petitioners has been approved by the City
Council for the partial vacation of a public roadway
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CANTON, ILLINOIS, A MUNICIPAL CORPORATION:
1. That the dedicated roadway north of Lots 9 and 10 in Boron Estates Subdivision, as
shown by said Subdivision in the Fulton County Land Records, be and the same is
hereby vacated according to the attached Vacation Plat dated June 2, 2016 as created
by Jones Surveying and Engineering Corp bearing Job No. 2016-143;
2. That the existing 10 foot utility easement as shown on the attached Vacation Plat
running along the north side of the vacated area shall continue to run with the land;
3. That the remainder of the Boron Estates Subdivision plat and all other matters
contained therein are unaffected by this Partial Vacation.
4. A certified copy of this Ordinance partially vacating a public roadway, together with the
Vacation Plat attached hereto, shall be recorded with the Recorder of Deeds of Fulton
County, Illinois, and filed with the County Clerk of Fulton County, Illinois, in accordance
with Illinois law.
5. That the Mayor of the City of Canton, Illinois shall be and he is hereby authorized to
affix his signature as the Mayor of said City to this Ordinance and the City Clerk of the
City of Canton, Illinois, shall be and she is hereby authorized to attest such signature
thereto.
2
PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular
meeting on the 19th day of July 2016 upon a roll call vote as follows:
AYES: Alderman Justin Nelson, Gerald Ellis, Angela Hale, Craig West, Tad
Putrich, Jim Nelson
NAYS: None
ABSTAIN: Alderman John Lovell, Ryan Mayhew
APPROVED:
Jeffrey A. Fritz, Mayor
ATTEST:
Diana Pavley-Ro , City Clerk
3
This Document Prepared by& Return to:
Barnhart,Tinsman &Lane, Ltd.
121 W. Elm Street
PO Box 478
Canton, IL 61520
STATE OF ILLINOIS )
COUNTY OF FULTON ) SS
CITY OF CANTON )
PETITION AND APPROVAL OF PARTIAL VACATION OF
PUBLIC ROADWAY
WHEREAS, DAVID J. DUQUENNE and CYNTHIA S. DUQUENNE, and KEVIN D.
MYERS and BETH MYERS, by and through their attorney, BARNHART, TINSMAN & LANE,
LTD., hereby Petitions the City of Canton to Partially Vacate a Public Roadway, and in support
thereof hereby states as follows:
WHEREAS, DAVID J. DUQUENNE AND CYNTHIA S. DUQUENNE (hereinafter collectively
referred to as "Petitioners") are the owners of Lot 10 in Boron Estates, a subdivision of the
City of Canton, County of Fulton, whose plat of subdivision is recorded in the Fulton County
Land Records in Plat Book 6, page 34; Lot 10 is commonly known as 945 N. 8th Avenue.
WHEREAS, KEVIN D. MYERS AND BETH MYERS (hereinafter collectively referred to as
"Petitioners') are the owners of Lot 9 in Boron Estates, a subdivision of the City of Canton,
County of Fulton, whose plat of subdivision is recorded in the Fulton County Land Records in
Plat Book 6, page 34; Lot 9 is commonly known as 940 N. 8th Avenue.
WHEREAS, the Petitioners' Lots are located at the farthest northern end of North 8th
Avenue where North 8th Avenue, as currently existing, ends and terminates into agricultural
fields.
WHEREAS, the original Plat of Boron Estates Subdivision provided for a dedication of
public roadways to extend east and west from North 8th Avenue and to travel along the
northern boundary lines of Lots 9 and 10 in Boron Estates Subdivision in order to connect
North 8th Avenue with North 7th and North 9th Avenues. Said public roadways were never
accepted by the City of Canton nor constructed as originally platted.
1
WHEREAS, the dedicated roadways extending east and west from the end of North
Stn Avenue, have never been created and have remained unimproved since the platted
subdivision was created.
WHEREAS, as a result, Petitioners have utilized all of the dedicated roadways
extending east and west from North 8th Avenue as part of their residential lots.
WHEREAS, certain overhead public utility easements exist along northern boundary of
the platted roadway sought to be vacated by this Petition.
WHEREAS, Petitioners seek to vacate part of the dedicated roadways contained on
the Boron Estates Subdivision Plat, for the reasons hereinabove set forth; Petitioners seek to
vacate that part of the roadway as shown by the Vacation Plat, attached hereto as Exhibit A.
WHEREAS, Petitioners propose that a 10 foot utility easement running along the north
side of the roadway sought to be vacated remain as a valid easement running with the land.
WHEREAS, other than as stated above, Petitioner, does not propose that the vacation
requested herein affect or involve the vacation of the public roadway known as North 8th
Avenue, which serves the subdivision, nor does Petitioner seek to interfere with or remove any
utility easements other than as stated herein or any other part of the subdivision property and
requests that those utility easements will remain in place and in full force and effect.
WHEREAS, that the proposed vacation will not abridge or destroy any of the rights or
privileges of other owners in Boron Estates.
WHEREAS, That the proposed vacation does not conflict with the land use plans of
the City of Canton for residential purposes with the surrounding residential uses of the
remaining subdivision and this vacation is consistent with prudent land use and management.
THEREFORE, the Petitioner prays that the City of Canton will Approve the Petitioner's
Request to Vacate a Portion of the Public Roadway as shown by the Exhibit A, and will vacate
those areas shown as being vacated on said Vacation Plat, but leaving the 10 foot utility
easement as shown on said Vacation Plat.
DAVID 1. DUQUENNE and CYNTHIA S. DUQUENNE;
KEVIN D. MYERS and BETH MYERS;
BY: BAR ART, TIN M & E, LTD.
BY:
One of its Attor eys
2
Under penalties as provided by law, pursuant to Section 1-109 of the Code of Civil
Procedure, the undersigned certifies that the statements set forth in the foregoing Petition to
Partially Vacate a Public Roadway are true and correct, except as to matters therein stated to
be on information and belief and as to such matters the undersigned certifies as aforesaid that
he verily believes same to be true.
Dated this 115 day of June, 2016.
David J. Duqu ne
SUB IBED AND SWORN TO BEFORE ME
this day of June 2016.
IL A
KATM114i RVAR
NOTARY poo,STATE OF ILLINOIS
My CMMIm bn Exom Jan 7,2019 C
Cyn la S. Duquenne
SUBSCRIBED AND SWORN TO BEFORE ME
this 9 day of June 2016.
LNOTARY
OFFICIAL SEAL
L )-V'1�AUREN SHEETSS PUBLIC STATE OF ILLINOIS Kevin D. My sSUBS I I XPIRES:09N7/18 ORE ME
this - da of June 2016.
OFFICIALSEAL
CANDY J WINDSOR
NOTARY PUBLIC-STATE OF ILLINOIS
MY COMMISSION EXPIRES:09/25/16 Beth Myers
SUBSCR ORE ME
t ' l5day of J 2016.
a
Public
r
FICIAL SEAL
DY J WINDSOR
4'0
LIC-STATE OF ILLINOIS
SION EXPIRES:09/25/16
3
NOW, THEREFORE, THE CITY OF CANTON, hereby APPROVES the Petition to
Partially Vacate a public roadway, as stated above, and hereby states as follows:
1. That the dedicated roadway north of Lots 9 and 10 in Boron Estates Subdivision, as
shown by said Subdivision in the Fulton County Land Records, be and the same is
hereby vacated according to the attached Vacation Plat dated June 2, 2016 as created
by Jones Surveying and Engineering Corp bearing Job No. 2016-143;
2. That the existing 10 foot utility easement as shown on the attached Vacation Plat
running along the north side of the vacated area shall continue to run with the land;
3. That the remainder of the Boron Estates Subdivision plat and all other matters
contained therein are unaffected by this Partial Vacation.
APPROVED:
K6Ke6 Plavec, City Engineer Date
Jeffre . Fri , ayor of Canton Date
4
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1. ALL DISTANCES ARE SURVEYED (S)AND RECORDED IS SUBJECT TO A CREATED (10 FOOT WIDE) U71UTY IS SUBJECT TO A CREATED(10 FOOT WEE) UTILITY R ONS. YOR NO(R), UNLESS OTHERWISE NOTED. EASEMENT OFF THE NORTH END OF THE ABOVE EASEMENT OFF THE NORTH END OF THE ABOVE Sheet Number
DESCRIBED TRACT OF LAND, ALL ROAD DESCRIBED TRACT O"LAND, ALL ROAD
U BASIS OF BEARINGS: GRID BEARINGS ARE BASED RIGHT-OF-WAYS, EASEMENTS OF RECORD ANO/OR RIGHT-OF-WAYS, EASEMENTS OF RECORD AND/0R DATED: JUNE 03, 2016
UPON THE UNITED STALES PLANE COORDINATE sYSIOH of PRESCRIPTION, RESTRICTIONS, RESERVATIONS AND PRESCRIPTION, RESTRICTIONS, RESERVATIONS AND 1 OF 1
7983, ILLINOIS WEST 1202 ZONE CONDITIONS OF RECORD, IF ANY. CONDITIONS OF RECORD, IF ANY. MY LICENSE EXPIRES NOVEMBER 30, 2016