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HomeMy WebLinkAboutOrdinance #1593i ORDINANCE NO. 1593 AN ORDINANCE VACATING A PART OF MARTIN AVENUE BEGINNING AT THE SOUTHEAST CORNER OF LOT 14 OF NATHAN JONES' THIRD ADDITION TO THE CITY OF CANTON; THENCE NORTH 159 FEET, MORE OR LESS, TO THE SOUTHWEST CORNER OF LOT 13; THENCE EAST 60.06 FEET; THENCE SOUTH 159 FEET TO THE SOUTHWEST CORNER OF LOT 22; THENCE WEST 60.06 FEET TO THE PLACE OF BEGINNING; ALL SITUATED IN THE CITY OF CANTON, COUNTY OF FULTON AND STATE OF 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 street 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 Martin Avenue beginning at the Southeast corner of Lot 14 of NATHAN JONES' THIRD ADDITION to the City of Canton; thence North 159 feet, more or less, to the southwest corner of Lot 13; thence East 60.06 feet; thence south 159 feet to the southwest corner of Lot 22; thence West 60.06 feet to the Place of Beginning; all situated in the City of canton, county of Fulton and State of Illinois; and WHEREAS, the street described herein and the properties contiguous thereto are wholly within the jurisdiction and corporate limits of the City of canton, Illinois; 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 street hereinafter described, together with the public being freed from potential liabilities for injuries to the traveling public resulting from defects in said street, all of which constitute a public use or public interest authorizing the vacation of said street 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 Martin Avenue situated in the city of canton, Fulton county, Illinois, shall be and the same is hereby vacated: Beginning at the Southeast corner of Lot 14 of NATHAN JONES THIRD ADDITION to the City of canton; thence North 159 feet, more or less, to the Southwest corner of Lot 13; thence East 60.06 feet; thence South 159 feet to the Southwest corner of Lot 22; thence West 60.06 feet to the Place of Beginning, situated in the City of Canton, County of Fulton and State of Illinois. Section 3. That the aforesaid vacation of the foregoing street is specifically made subject to an easement or easements that lay across the aforesaid vacated street for the purpose of maintaining, constructing or reconstructing public utilities now existing therein, if any. section 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 Fulton County Recorder of Deeds immediately upon the passage and approval of this ordinance. Section 5. That this ordinance was passed and became in full force and effect immediately upon ita passage by a majority vote of the aldermen holding office in the City of canton, Fulton County, Illinois at a regular meeting of the City Council of the City of canton, Illinois, this 4111 day of ~`~,~1998, upon a roll call vote as follows: AYES: ~~~ ~'1411eck, Phillips, Sarff, Meade, Nidiffer, May, Shores. NAYS: NOne. ABSENT: ~~ Hartford. ~~ DONALD E. EDWARDS, MAYOR ATTEST: ~ ~' ,~ NANCY W ITES, CITY CLERK