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HomeMy WebLinkAboutOrdinance #1577 ORDINANCE NO. 1577 An Ordinance Vacating Parts of a North/South Alley and Lying Between Lots 71 and 72 in Ripple's Subdivision of Lots 4, 7, 8 and 15, French's Addition to the Town, now City of Canton, Fulton County, Illinois and an East/West Alley Lying Between Lots 71 and 72 and Lots 50 and 71 In Ripple's Subdivision of Lots 4, 7, 8 and 15, French's Addition to the Town, now City of Canton, Fulton County, Illinois WHEREAS, it appears to the City Council of the City of Canton, Illinois, that 65 ILCS 5/11-91-1 provides in pertinent part that whenever the corporate authorities of any 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, that said municipality may vacate that street or alley, or part thereof, by ordinance; and WHEREAS, it appears to the City Council of the City of Canton that, after due and proper notice as required by 65 ILLS 5/11-91-1, a public hearing was held before the Planning & Zoning Commission of the City of Canton, Illinois, and, after said public hearing, the said Planning & Zoning Commission unanimously recommended to the City Council a finding that the alleys hereinafter described be vacated; and, WHEREAS, the corporate authorities of the City of Canton, Fulton County, Illinois, have determined that the public interest will be subserved by vacating a part of North/South Alley and part of an East/West Alley lying between Lots 71 and 72 and Lots 50 and 71 in Ripple's Subdivision of Lots 4, 7, 8 and 15, French's 2.5.98geb.sk i A:\KPC\Ordinance 1 Addition to the Town, now City of Canton, Fulton County, Illinois, all as more particularly hereinafter described; and WHEREAS, the Alleys described herein and the properties contiguous thereto are wholly within the jurisdiction and corporate limits of the City of Canton, Illinois; and WHEREAS, the corporate authorities of the City of Canton, Illinois, have determined that the relief to the public from the further burden and responsibility of maintaining the alleys hereinafter described, together with the public being freed from potential liabilities for injuries to the traveling public resulting from defects in said alleys, all of which constitute a public use or public interest authorizing the vacation of said alleys hereinafter set out; NOW THEREFORE AND HE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, FULTON COUNTY, ILLINOIS: Section 1. That the City Council of the City of Canton, Fulton County, Illinois, hereby finds the foregoing recitals to be fact . Section 2. That the following portion of the North/South Alley lying between Lots 71 and 72 in Ripple's Subdivision~of Lots 4, 7, 8 and 15, French's Addition to the Town, now City of Canton, Fulton County, Illinois, shall be and the same is hereby vacated: An Alley lying in between Lots 71 and 72 in Ripple's Subdivision of Lots 4, 7, 8 and 15, French's Addition to the Town, now City of Canton, Fulton County, Illinois, more particularly described as follows: 2.5.98geb.sk A:\KPC\Ordinance 2 Beginning at the Southwest corner of said Lot 72; thence West, a distance of 15.84 feet to the Southeast corner of said Lot 71; thence North, a distance of 173.25 feet to the Northeast corner of said Lot 71; thence East, a distance of 15.84 feet to the Northwest corner of said Lot 72; thence South, a distance of 173.25 feet to the Point of Beginning. . Section 3. That the following portion of the East/West Alley lying between Lots 71 and 50 in Ripple's Subdivision of Lots 4, 7, 8 and 15, French's Addition to the Town, now City of Canton, Fulton County, Illinois, shall be and the same is hereby vacated: An Alley lying North of Lots 71 and 72 in Ripple's Subdivision of Lots 4, 7, 8 and 15, French's Addition to the Town, now City of Canton, Fulton County, Illinois, more particularly described as follows: Beginning at the Northwest corner of said Lot 71; thence North parallel with the West line of said Lot 71, a distance of 11.08 feet to a point 14 feet South of the Southwest corner of Lot 50 of said Ripple's Subdivision; thence East a distance of 116.16 feet to a point on the East line of said Ripple's Subdivision, said point being 14 feet South of the Southeast corner of Lot 49 of said Ripple's Subdivision, thence South a distance of 11.08 feet to the Northeast corner of said Lot 72; thence West a distance of 116.16 feet to the Point of Beginning. Section 4. That the aforesaid vacation of each of the foregoing alleys is specifically made subject to an easement or easements that lay across the aforesaid vacated alley for the purpose of maintaining, constructing, or reconstructing public utilities now existing therein, if any. Section 5. 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. 2.5.98geb.sk A:\KPC\Ordinance 3 Section 6. This Ordinance shall be in full force and effective immediately upon it's passage by a three-fourths (3 /4) majority vote of the aldermen holding office in the City of Canton, Fulton County, Illinois, at a regular meeting thereof on the 3rd day of March 1998, upon a roll call vote as follows: AYES : Aldermen Hartford, Molleck, Phillips, Sarff, Meade, Nidiffer, May, Shores. NAYS : None ABSENT: None. ATTEST: V ,'~~~ 1 a cy S. hites, City Clerk APPROVED: f ~~ onald E. Edwards, Mayor 2.5.98geb.ak A:\KPC\Ordinance 4 q~" 1~73~3 ,-~') ,r ' tauvn, w..~i.....FA t~ G' ~~c..vv:~6rCa ORDINANCE N0. 1577 VACATING PARTS OF A NORTH/SOUTH AID' AND LYIlVG BEZ~~]~N LOTS 71 and 72 IN HIPPLE'~ .SUBDIVISION OF IATS 4, 7, 8 and 15, FRENCH'S ADDITION TO THE TOWN, NOUI CITY OF CAN'IlON, FULTON OOiJNTY, ILLINOIS AND AN EAST/GIEST ALLEY LYING BF~ii~~I LOTS 71 anal 72 anal LOTS 50 and 71 IN HIPPLE' S SCBDIVISION OF TATS 4 , 7 , 8 and 15 , FRENCH' S ADDITION 110 THE TOWN, NOW CI'TE' OF CANTON, FULTON OOiJNTY, ILLL~TOIS. (THIS ORDINANCE REPEALS A1VD RESCINDS ORDINANCE NO 1563 PASSED ON NOVEMBER 4, 1997. ~2-~ ~ ~o-Q. 3 ~ct~.363 ~o-p. 3 ~°~.. 36~ 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 Clerk of the City of Canton, in the County 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, minutes, ordinances and other books, records and papers of said City, and that the foregoing is a true and correct copy of ORDINANCE N0. 1577 VACATING PARTS OF A NORTH/SOUTH ALLEY AND L`i IIVC BETGIEEN LOTS 71 A1VD 72 IlV RIPPLE'S SUBDT~ISION OF LOTS 4, 7, 8 and 15, FR~VCH's ADDITION TO THE TOti~1N , NOTf1 Ci'T~' OF CANTON , FULTON COtJN'I'Y, ILLL~TOIS AND AN EA,.~'I'/~aEST ALLEY LY?~VG BEZ?~]E~1 UJTS 71 and 72 and LOTS 50 and 71 IN RIPPLE' S SUBDIVISION OF LOTS 4, 7 , 8 anal 15 , 'FRENCH'S ADDITION TO THE TOZ~1N, j~*I CITY OF CANTON, 'FLTI.,TON COI7N'Tv, ILZ,INOIS adopted by the City Council of said City Mayor thereof on the 3rd day of ~~ 19 98 . WITNESS my hand and the Corporate Seal of the City of Canton, Illinois this 10th day of =~'~'~h 19 98 . r ~ ~. l~ , (Nash y Whites) , City Clerk and approved by the .. (S E A L) ORDINANCE NO. 1577 An Ordinance Vacating Parts of a North/South Alley and Lying Between Lots 71 and 72 in Ripple's Subdivision of Lots 4, 7, 8 and 15, French's Addition to the Town, now City of Canton, Fulton County, Illinois and an East/West Alley Lying Between Lots 71 and 72 and Lots 50 and 71 In Ripple's Subdivision of Lots 4, 7, 8 and 15, French's Addition to the Town, now City of Canton, Fulton County, Illinois WHEREAS, it appears to the City Council of the City of Canton, Illinois, that 65 ILLS 5/11-91-1 provides in pertinent part that whenever the corporate authorities of any 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, that said municipality may vacate that street or alley, or part thereof, by ordinance; and WHEREAS, it appears to the City Council of the City of Canton that, after due and proper notice as required by 65 ILLS 5/11-91-1, a public hearing was held before the Planning & Zoning Commission of the City of Canton, Illinois, and, after said public hearing, the said Planning & Zoning Commission unanimously recommended to the City Council a finding that the alleys hereinafter described be vacated; and, WHEREAS, the corporate authorities of the City of Canton, Fulton County, Illinois, have determined that the public interest will be subserved by vacating a part of North/South Alley and part of an East/West Alley lying between Lots 71 and 72 and Lots 50 and 71 in Ripple's Subdivision of Lots 4, 7, 8 and 15, French's 2.5.98geb.sk A:\KPC\Ordinance 1 aP 3 Q~ 36s l~ o-~ 3 Qom- 366 Addition to the Town, now City of Canton, Fulton County, Illinois, all as more particularly hereinafter described; and WHEREAS, the Alleys described herein and the properties contiguous thereto are wholly within the jurisdiction and corporate limits of the City of Canton, Illinois; and WHEREAS, the corporate authorities of the City of Canton, Illinois, have determined that the relief to the public from the further burden and responsibility of maintaining the alleys hereinafter described, together with the public being freed from potential liabilities for injuries to the traveling public resulting from defects in said alleys, all of which constitute a public use or public interest authorizing the vacation of said alleys hereinafter set out; NOW THEREFORE AND BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, FULTON COUNTY, ILLINOIS: Section 1. That the City Council of the City of Canton, Fulton County, Illinois, hereby finds the foregoing recitals to be fact. Section 2. That the following portion of the North/South Alley lying between Lots 71 and 72 in Ripple's Subdivision~of Lots 4, 7, 8 and 15, French's Addition to the Town, now City of Canton, Fulton County, Illinois, shall be and the same is hereby vacated: An Alley lying in between Lots 71 and 72 in Ripple's Subdivision of Lots 4, 7, 8 and 15, French's Addition to the Town, now City of Canton, Fulton County, Illinois, more particularly described as follows: 2.5.98geb.sk A:\KPC\Ordinance 2 Beginning at the Southwest corner of said Lot 72; thence West, a distance of 15.84 feet to the Southeast corner of said Lot 71; thence North, a distance of 173.25 feet to the Northeast corner of said Lot 71; thence East, a distance of 15.84 feet to the Northwest corner of said Lot 72; thence South, a distance of 173.25 feet to the Point of Beginning. Section 3. That the following portion of the East/West Alley lying between Lots 71 and 50 in Ripple's Subdivision of Lots 4, 7, 8 and 15, French's Addition to the Town, now City of Canton, Fulton County, Illinois, shall be and the same is hereby vacated: An Alley lying North of Lots 71 and 72 in Ripple's Subdivision of Lots 4, 7, 8 and 15, French's Addition to the Town, now City of Canton, Fulton County, Illinois, more particularly described as follows: Beginning at the Northwest corner of said Lot 71; thence North parallel with the West line of said Lot 71, a distance of 11.08 feet to a point 14 feet South of the Southwest corner of Lot 50 of said Ripple's Subdivision; thence East a distance of 116.16 feet to a point on the East line of said Ripple's Subdivision, said point being 14 feet South of the Southeast comer of Lot 49 of said Ripple's Subdivision, thence South a distance of 11.08 feet to the Northeast corner of said Lot 72; thence West a distance of 116.16 feet to the Point of Beginning. Section 4. That the aforesaid vacation of each of the foregoing alleys is specifically made subject to an easement or easements that lay across the aforesaid vacated alley for the purpose of maintaining, constructing, or reconstructing public utilities now existing therein, if any. Section 5. 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. 2.5.98geb.sk A:\KPC\Ordinance 3 ~ aP. 3 ~~-36 9 ~ a.,P . 3 Q~3 6s Section 6. This Ordinance shall be in full force and effective immediately upon it's passage by a three-fourths (3/4) majority vote of the aldermen holding office in the City of Canton, Fulton County, Illinois, at a regular meeting thereof on the 3rd day of March 1998, upon a roll call vote as follows: AYES : Alde~z Hartford, Molleck, Phillips, Sarff, made, Nidiffer, May, Shores. ABSENT: None. ATTEST: a cy S. 'hites, City Clerk 2.5.98geb.sk A:\KPC\Ordinance 4 NAYS: Noneā€¢ APPROVED: ~~~ onald E. Edwards, Mayor