HomeMy WebLinkAbout#4111 Cypress-Planned Development-AG-1 CERTIFICATE
THE UNDERSIGNED CERTIFIES THAT SHE IS THE CITY CLERK FOR THE CITY OF
CANTON,ILLINOIS,AND THAT THE CITY COUNCIL AT A REGULARLY CONSTITUTED
MEETING OF SAID CITY COUNCIL OF THE CITY OF CANTON ON THE 5TH DAY OF
JUNE 2018 ADOPTED ORDINANCE #4111 A TRUE AND CORRECT COPY OF WHICH IS
CONTAINED IN THIS PAMPHLET.
GIVEN UNDER MY HAND AND SEAL THIS 5TH DAY OF JUNE 2018
(SEAL)
DI• AVL -ROCK
CITY CLERK
1881343
]AMES I. NELSON
CITY OF CANTON, ILLINOIS COUNTY CLERK&RECORDER
FULTON COUNTY,IL
RECORDED ON
06/21/2018 10:34 AM
RECORDING FEE 67.00
PAGES:W
ORDINANCE # 4111
AN AMENDED ORDINANCE REZONING PROPERTY ON CYPRESS STREET FROM
A PLANNED UNIT DEVELOPMENT (PUD) ZONING CLASSIFICATION TO AN AG-1
ZONING CLASSIFICATION
PASSED BY THE CITY COUNCIL
OF THE CITY OF CANTON, FULTON COUNTY, ILLINOIS,
ON THE 5th DAY JUNE 2018
PUBLISHED IN PAMPHLET FORM BY AUTHORITY OF THE CITY
COUNCIL OF THE CITY OF CANTON, FULTON COUNTY, ILLINOIS,
THIS 5TH DAY OF JUNE 2018
EFFECTIVE JUNE 5, 2018
IHIU
8003533
Tx:4002233
ORDINANCE NO. Viii
AN AMENDED ORDINANCE REZONING PROPERTY ON CYPRESS STREET FROM
A PLANNED UNIT DEVELOPMENT(PUD)ZONING CLASSIFICATION TO AN AG-1
ZONING CLASSIFICATION
WHEREAS, BSI PARTNERS, LLC filed a petition with the Joint Planning & Zoning
Commission for the re-zoning of the real property described below, said property being within the
corporate limits of the City of Canton, Illinois; and
WHEREAS, BSI PARTNERS, LLC purchased the real property described below from
CANTON DEVELOPMENT COMPANY on or about November 30, 2011; and
WHEREAS, the current zoning classification of the property is PUD and it is the BSI
PARTNERS, LLC's intent for the property to change to a AG-1 zoning classification and for a
partial vacation of the subdivision plat of Golf View Villas Subdivision— Section One; and
WHEREAS, after proper notice, a public hearing on said Petition was conducted by the
Planning and Zoning Commission of the City of Canton on May 14, 2018.
WHEREAS,on May 14,2018,the Planning and Zoning Commission recommended to the
City Council that the real property described below be rezoned pursuant to 65 ILCS 5/11-13-1
et.seq.; and
WHEREAS, it is in the best interest of the City of Canton, Illinois that said property be
rezoned within the City of Canton, to meet future business growth and fit within the City's
comprehensive plan.
WHEREAS,BSI PARTNERS,LLC owns the following parcels which are all adjacent and
part of the former Canton Country Club Golf Course which are currently used as farm crop
production land:
Tax ID Acres/Lt# Use Zoning Doc Date Acquired
09-08-15-400-014 17.72 acres Cropland AG-1 1143222 12/1/11
09-08-15-400-029 14.8 acres Cropland AG-1 1244995 3/20/12
09-08-15-400-030 47.08 acres Cropland/ AG-1 1143222 12/1/11
Farm bldg.
09-08-15-402-005 Lt 20 Vacant Lot PUD 1143222 12/1/11
09-08-15-402-006 Lt 19 Vacant Lot PUD 1143222 12/1/11
09-08-15-402-007 Lt 18 Vacant Lot PUD 1143222 12/1/11
09-08-15-402-008 Lt 17 Vacant Lot PUD 1143222 12/1/11
09-08-15-402-009 Lt 16 Vacant Lot PUD 1143222 12/1/11
WHEREAS,CANTON DEVELOPMENT COMPANY("CDC"), an Illinois corporation,
previously owned and developed the real estate hereinafter described as a part of and in conjunction
with the development of Golf View Villas, a residential subdivision.
WHEREAS,the City of Canton previously vacated Lots 21 through 24 of Golf View Villas
Section One pursuant to a Petition and Approval of Partial Vacation of Golf View Villas Section
One,according to a document filed June 29,2015 in the Recorder's Office of Fulton County,Illinois
(Document No. 1565953) at the request of Ralph P. Sedgewick, as Trustee of the Ralph P.
Sedgewick Trust, in order to discontinue the original anticipated use of said lots for residential
development and to instead approve commercial development upon said parcels, including
construction of a now-existing funeral home.
WHEREAS, Lots 16 through 20 of Golf View Villas Section One adjoin the Sedgewick
property which contains the portion of Golf View Villas Section One which was previously vacated
(Tax ID Number 09-08-15-400-042).
WHEREAS,BSI PARTNERS,LLC has entered into an agreement to convey Lot 16 of Golf
View Villas and a portion of 09-08-15-400-030 to Joshua S.Richardson and Shaunna L.Richardson,
owners of the immediately adjacent or neighboring properties bearing Tax ID numbers: 09-08-15-
402-010 and 09-08-15-400-033.
WHEREAS,Joshua S.Richardson and Shaunna L.Richardson have executed their approval,
consent and waiver of objection to the vacation of the subdivision plat as to Lots 17, 18, 19 and 20
of Golf View Villas—Section One. A copy of the written approval,consent and waiver of objection
executed by Joshua S. Richardson and Shaunna L. Richardson is attached hereto as Exhibit A.
WHEREAS, BSI PARTNERS, LLC has remained the owner of Lots 17 through 20 since
2011. Lots 17 through 20 are all vacant with no improvements thereon.
WHEREAS,BSI PARTNERS,LLC has no intention of building residential improvements
on Lots 17 through 20 of Golf View Villas Section One.
WHEREAS, In accordance with the applicable zoning regulations and with the City or
Canton's permitting process, BSI PARTNERS, LLC intends to continue the current actual use of
Lots 17 through 20 of Golf View Villas Section One for agricultural production as part of the field
located on the 79.6 acres owned adjacent to Golf View Villas. BSI PARTNERS, LLC intends to
keep all or part of Lots 17 through 20 vacant so as to best utilize the farm land on the adjacent
parcels.
WHEREAS, BSI PARTNERS, LLC sought to vacate all of Lots 17 through 20 for the
reasons hereinabove set forth.
WHEREAS,BSI PARTNERS,LLC proposed that a utility easement running along the south
side of Lots 17 through 20 be vacated along with the vacation of Lots 17 through 20; further, BSI
PARTNERS,LLC proposed that the utility easements running in between Lots 18 and 19 be vacated
along with Lots 17 through 20;further,the BSI PARTNERS,LLC proposed that the utility easement
running along the West end of Lot 20 be vacated along with Lots 17 through 20; further,the BSI
PARTNERS,LLC proposed that the utility easement running along the east end of Lot 17 be vacated
along with Lots 17 through 20.
WHEREAS, other than as stated above, BSI PARTNERS, LLC, did not propose that the
vacation requested herein affect or involve the vacation of the public roadway known as Cypress
Road,which serves the subdivision,nor did BSI PARTNERS,LLC seek to interfere with or remove
any utility easements along Cypress Road,or any other part of the subdivision property and requested
that those utility easements will remain in place and in full force and effect. However,after passage
of the original ordinance,it was discovered that some of the easements requested to be vacated did
in fact have water lines running through them,and approval is modified to disallow the vacation of
the utility easements on the South Side of Lots 17-20 and the Westerly side of Lot 20.
WHEREAS,BSI PARTNERS,LLC requested that the Restrictive Covenants,if any,of Golf
View Villas Section One, shall remain in full force and effect and binding upon all Lots not subject
to this Petition to Vacate,but shall have no force or effect upon Lots 17 through 20, as vacated.
WHEREAS, that the proposed vacation will not abridge or destroy any of the rights or
privileges of other proprietors in Golf View Villas Section One.
WHEREAS,That the proposed vacation does not conflict with the land use plans of the City
of Canton and the agricultural use of the BSI PARTNERS, LLC with the surrounding
residential/Open Space uses of the remaining lots is consistent with prudent land use and
management.
WHEREFORE,the BSI PARTNERS, LLC requested that the City of Canton approve the
BSI PARTNERS,LLC's Request to Vacate a Portion of Golf View Villas Section One, and would
vacate as follows: (1)Lots 17 through 20 of said plat be vacated; (2)the existing utility easements
shown on the Golf View Villas Section One plat running along the South side of Lots 17 - 20 be
vacated;(3)the existing utility easements shown on the Golf View Villas Section One plat running
between Lots 18 and 19,on the Westerly side of Lot 20 and the Easterly side of Lot 17 be vacated.
However, after passage of the original ordinance, it was discovered that some of the easements
requested to be vacated did in fact have water lines running through them,and approval is modified
to disallow the vacation of the utility easements on the South Side of Lots 17-20 and the Westerly
side of Lot 20.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Canton,
Illinois as follows:
1. That the Canton City Council hereby finds as facts the assertions set forth above.
2. That the described real property be and is hereby rezoned from PUD to AG-1 as follows:
TRACT 1:
Lot 17 in Golf View Villas—Section One Subdivision, a subdivision of part of the
Southeast Quarter of Section 15, Township 7 North, Range 4 East of the Fourth
Principal Meridian,Fulton County, Illinois,recorded as Document No. 0818730 in
Slide 405, Fulton County Recorder's Office.
Tax ID#: 09-08-15-402-008
TRACT 2:
Lot 18 in Golf View Villas—Section One Subdivision, a subdivision of part of the
Southeast Quarter of Section 15, Township 7 North, Range 4 East of the Fourth
Principal Meridian,Fulton County,Illinois, recorded as Document No. 0818730 in
Slide 405, Fulton County Recorder's Office.
Tax ID#: 09-08-15-402-007
TRACT 3:
Lot 19 in Golf View Villas—Section One Subdivision, a subdivision of part of the
Southeast Quarter of Section 15, Township 7 North, Range 4 East of the Fourth
Principal Meridian,Fulton County, Illinois,recorded as Document No. 0818730 in
Slide 405,Fulton County Recorder's Office.
Tax ID#: 09-08-15-402-006
TRACT 4:
Lot 20 in Golf View Villas—Section One Subdivision, a subdivision of part of the
Southeast Quarter of Section 15, Township 7 North, Range 4 East of the Fourth
Principal Meridian,Fulton County, Illinois,recorded as Document No. 0818730 in
Slide 405, Fulton County Recorder's Office.
Tax ID#: 09-08-15-402-005
3. NOW, THEREFORE, THE CITY OF CANTON, hereby APPROVES the Petition to
Vacate a Portion of Golf View Villas Section One, as stated above, and hereby states as follows:
A. That Lots 17 through 20 of Golf View Villas Section One are hereby vacated;
B. That the existing utility easements shown on the Golf View Villas Section One Plat
running along the South side of Lots 17-20 are not vacated;
C. That the existing utility easements shown on the Golf View Villas Section One Plat
running between Lots 18 and 19 are hereby vacated;
D. That the existing utility easement shown on the Golf View Villas Section One Plat
running along the Westerly side of Lot 20 is not vacated;
E. That the existing utility easement shown on the Golf View Villas Section One Plat
running along the Westerly side of Lot 17 is hereby vacated;
F. That the existing Lots 1 through 16 shown on the Golf View Villas Section One Plat
and all other matters contained therein are unaffected by this Partial Vacation.
G. The Restrictive Covenants,if any,of Golf View Villas Section One, shall remain in
full force and effect and binding upon all Lots not subject to this Petition to Vacate,
but shall have no force or effect upon Lots 17 through 20, as vacated.
H. That the zoning of the vacated Lots 17 - 20 shall be changed from Planned Unit
Development- Residential to AG-1.
4. That BSI PARTNERS, LLC will pay to the City of Canton the fees required to file a
certified copy of this Ordinance with the Fulton County Clerk and Recorder of Deeds, no
later than ninety(90) days from the date of this Ordinance.
5. Upon proof of filing of a certified copy of this Ordinance, the Zoning Administrator is
directed to make the appropriate map amendments to the City of Canton to reflect said re-
zoning.
6. That this Ordinance shall be in full force and effect upon its passage by the City Council of
the City of Canton and approval by its Mayor.
PASSED by the City Council of the City of Canton, Illinois and approved by the Mayor
thereof this 5 day of z , 2018 upon a roll call vote as follows:
AYES: t.1 LS,- la �•��r� l4-c RI
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ABSENT: Vd t-r14^,a � Y0,0 g_hv
i
Approved:
Kent A. McDowell, Mayor
Attest: l 41.•.v s ,
'0 iana Pay ey-Roc City Clerk
, 11111111 1111
8 0 0 3 5 3 2
T1.8813 42
This Document Prepared by&Return to:
JAMES I. NELSON
COUNTY CLERK&RECORDER
Johnson&Johnson, P.C. FULTON COUNTY,IL
212 E. Chestnut Street
RECORDED ON
OS/21/2018 10:34 AM
Canton, IL 61520
RECORDING FEE 67.00
STATE OF ILLINOIS ) PAGES:6
COUNTY OF FULTON )SS
CITY OF CANTON )
PETITION AND APPROVAL OF PARTIAL VACATION OF
GOLF VIEW VILLAS SECTION ONE
WHEREAS, BSI PARTNERS, LLC, by and through its attorneys,JOHNSON & JOHNSON, P.C.,
hereby Petitions the City of Canton to Partially Vacate Golf View Villas Section One,and in support thereof
hereby states as follows:
WHEREAS, Petitioner owns the following parcels which are all adjacent and part of the former
Canton Country Club Golf Course which are currently used as farm crop production land:
Tax ID Acres/Lt# Use Zoning Doc Date Acquired
09-08-15-400-014 17.72 acres Cropland AG-1 1143222 12/1/11
09-08-15-400-029 14.8 acres Cropland AG-1 1244995 3/20/12
09-08-15-400-030 47.08 acres Cropland/ AG-1 1143222 12/1/11
Farm bldg.
09-08-15-402-005 Lt 20 Vacant Lot PUD 1143222 12/1/11
09-08-15-402-006 Lt 19 Vacant Lot PUD 1143222 12/1/11
09-08-15-402-007 Lt 18 Vacant Lot PUD 1143222 12/1/11
09-08-15-402-008 Lt 17 Vacant Lot PUD 1143222 12/1/11
09-08-15-402-009 Lt 16 Vacant Lot PUD 1143222 12/1/11
WHEREAS,CANTON DEVELOPMENT COMPANY("CDC"),an Illinois corporation,previously
owned and developed the real estate hereinafter described as a part of and in conjunction with the development
of Golf View Villas, a residential subdivision.
WHEREAS,the City of Canton previously vacated Lots 21 through 24 of Golf View Villas Section
One pursuant to a Petition and Approval of Partial Vacation of Golf View Villas Section One, according to
a document filed June 29,2015 in the Recorder's Office of Fulton County,Illinois(Document No. 1565953)
at the request of Ralph P. Sedgewick,as Trustee of the Ralph P. Sedgewick Trust,in order to discontinue the
original anticipated use of said lots for residential development and to instead approve commercial
development upon said parcels, including construction of a now-existing funeral home.
WHEREAS, Lots 16 through 20 of Golf View Villas Section One adjoin the Sedgewick property
which contains the portion of Golf View Villas Section One which was previously vacated(Tax ID Number
09-08-15-400-042).
2
WHEREAS, Petitioner has entered into an agreement to convey Lot 16 of Golf View Villas and a
portion of 09-08-15-400-030 to Joshua S.Richardson and Shaunna L.Richardson,owners of the immediately
adjacent or neighboring properties bearing Tax ID numbers: 09-08-15-402-010 and 09-08-15-400-033.
WHEREAS,Joshua S.Richardson and Shaunna L.Richardson have executed their approval, consent
and waiver of objection to the vacation of the subdivision plat as to Lots 17, 18, 19 and 20 of Golf View Villas
— Section One. A copy of the written approval, consent and waiver of objection executed by Joshua S.
Richardson and Shaunna L. Richardson is attached hereto as Exhibit A.
WHEREAS,Petitioner has remained the owner of Lots 17 through 20 since 2011.Lots 17 through 20
are all vacant with no improvements thereon.
WHEREAS,Petitioner has no intention of building residential improvements on Lots 17 through 20
of Golf View Villas Section One.
WHEREAS, In accordance with the applicable zoning regulations and with the City or Canton's
permitting process,Petitioner intends to continue the current actual use of Lots 17 through 20 of Golf View
Villas Section One for agricultural production as part of the field located on the 79.6 acres owned adjacent
to Golf View Villas.Petitioner intends to keep all or part of Lots 17 through 20 vacant so as to best utilize the
farm land on the adjacent parcels.
WHEREAS,Petitioner seeks to vacate all of Lots 17 through 20 for the reasons hereinabove set forth.
WHEREAS,Petitioner proposes that utility easement running along the south side of Lots 17 through
20 be vacated along with the vacation of Lots 17 through 20; further, Petitioner proposes that the utility
easements running in between Lots 18 and 19 be vacated along with Lots 17 through 20;further,the Petitioner
proposes that the utility easement running along the West end of Lot 20 be vacated along with Lots 17 through
20; further,the Petitioner proposes that the utility easement running along the east end of Lot 17 be vacated
along with Lots 17 through 20.
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 Cypress Road, which serves the subdivision,
nor does Petitioner seek to interfere with or remove any utility easements along Cypress Road, 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,the Restrictive Covenants,if any,of Golf View Villas Section One, shall remain in full
force and effect and binding upon all Lots not subject to this Petition to Vacate, but shall have no force or
effect upon Lots 17 through 20, as vacated.
WHEREAS, that the proposed vacation will not abridge or destroy any of the rights or privileges of
other proprietors in Golf View Villas Section One.
WHEREAS,That the proposed vacation does not conflict with the land use plans of the City of Canton
and the agricultural use of the Petitioner with the surrounding residential/Open Space uses of the remaining
lots is consistent with prudent land use and management.
3
WHEREFORE,the Petitioner prays that the City of Canton will Approve the Petitioner's Request to
Vacate a Portion of Golf View Villas Section One,and will vacate as follows:(1)Lots 17 through 20 of said
plat be vacated;(2)the existing utility easements shown on the Golf View Villas Section One plat running
along the South side of Lots 17 -20 be vacated; (3)the existing utility easements shown on the Golf View
Villas Section One plat running between Lots 18 and 19,on the Westerly side of Lot 20 and the Easterly side
of Lot 17 be vacated.
BSI PARTNERS,LLC,
By:]O;l•. m SON,P.C.
BY: .i1/ V
One of ' ttorneys
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 Golf View Villas
Section One 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 /2 day of April,2018.
jCiL
R aker,as Managing Partner of
BSI PARTNERS,LLC
tit
SUBSCRIBED AND SWORN TO BEFORE ME this 1.?day of April,2018.
Notary Public
OFFICIAL SEAL
DEBBRAA BROWN
NOTARY PUBLIC,STATE OF ILLINOIS
MY COMMISSION EXPIRES:12/18118
•
,
4
NOW, THEREFORE, THE CITY OF CANTON, hereby APPROVES in part the Petition to
Vacate a Portion of Golf View Villas Section One,as stated above with modifications as set forth below,and
hereby states as follows:
1. That Lots 17 through 20 of Golf View Villas Section One are hereby vacated;
2. That the existing utility easements shown on the Golf View Villas Section One Plat running
along the South side of Lots 17-20 are not vacated because of an existing water main running
through them;
3. That the existing utility easements shown on the Golf View Villas Section One Plat running
between Lots 18 and 19 are hereby vacated;
4. That the existing utility easement shown on the Golf View Villas Section One Plat running
along the Westerly side of Lot 20 is not hereby vacated because of an existing water main
running through it;
5. That the existing utility easement shown on the Golf View Villas Section One Plat running
along the Westerly side of Lot 17 is hereby vacated;
6. That the existing Lots 1 through 16 shown on the Golf View Villas Section One Plat and all
other matters contained therein are unaffected by this Partial Vacation.
7. The Restrictive Covenants,if any,of Golf View Villas Section One,shall remain in full force
and effect and binding upon all Lots not subject to this Petition to Vacate,but shall have no
force or effect upon Lots 17 through 20, as vacated.
8. That the zoning of the vacated Lots 17-20 shall be changed from Planned Unit Development-
Residential to AG-1.
APPROVED: /P
Alialligr__ Arjr:".7111rer-
K= t P avec, City Egineer Date
dtVynt McDowell, f Canton Date