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HomeMy WebLinkAboutResolution #3173RESOLIITION N0. 3173 A RESOLIITION APPROVING A MENIORANDIIM OF IINDERSTANDING BE`PWE@i THE CITY OF CANTON AND ASSENIDLY OF GOD CHIIRCH OF CANTON, ILLINOIS WHEREAS, the Legal and Ordinance Committee of the Canton City Council has determined that it is necessary and in the best interest of the City of Canton to enter into a Memorandum of Understanding between the City of Canton and Assembly of God Church pertaining to the dedication of 50 feet right of way for Stonegate Drive; and, WHEREAS, the Canton City Council has made a similar determination. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois as follows: 1. That the Memorandum of Understanding, hereto attached as Exhibit "A", between the City of Canton and Assembly of God Church is hereby approved. 2. That the Mayor and City Clerk are hereby authorized and directed to execute and deliver said Memorandum of Understanding on behalf of the City of Canton, Illinois. 3. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Illinois. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 1st day of June, 1993, upon a roll call vote as follows: AYES: Aldern~en Coay, Molleck, Phillips, Sarff, Meade, Bohler, May, Chapman. NAYS: None• ABSENT:None. ATTEST: J, , Nan y Whit , City Clerk. APPR ED: Donald E. Edwards, Mayor MEMORANDUM OF UNDERSTANDING This memorandum is made at Canton, Illinois, on the 10th day of March, 1993, to record the understanding reached between the Assembly of God Church of Canton, Illinois, and the city of Canton, Illinois, concerning a parcel of land owned by the church and legally described as: A part of the Northeast Quarter of Section 22, Township 7 North, Range 4 East of the Fourth Principal Meridian, Fulton County. Illinois, described as fellows: Beginning at the Northeast comer of lit 43, POTESANOS SECOND ADDITION, running thence East along the North line of Potesanos Second Addition extending 895 feet, more or less, to the West line of the Illinois Central Electric Railroad right of way, thence South along the West line of said right of way 525 feet, more or less, to a point due North of where the South side of Argonne Drive extended would intersect with said right of way, thence West along the South side of Argonne Drive extended to a point 40 feet South of the Southeast comer of Lot 30 in Potesanos Second Addition, thence North 185 feet, thence East 75 feet, thence North 340 feet to the place of beginning. The parties agree as follows: 1. The Assembly of God Church will dedicate a right of way 50 feet in width for Stonegate Drive from Potesanos Second Addition to North Fourth Avenue, Canton, Illinois. 2. The city of Canton will accept the dedication and maintain the road and waive the requirement of immediate curbing, guttering, etc. 3. The dedication of the 50-foot right of way by the Assembly of God Church, as provided in paragraph 1, and the acceptance of the dedication by the city of Canton, as provided in paragraph 2, shall not be construed as a waiver by the city of Canton of the planning, zoning, platting, curbing, and guttering requirements of the laws of the city of Canton, Illinois. Further, the Assembly of God Church of Canton, Illinois, shall not, under any circumstances, ever be required to curb and gutter said dedicated street unless it or its successors and assigns develops the property further. •: 4. The Assembly of God Church further agrees to dedicate to the city of Canton for street purposes that small portion of land at the East end of Argonne Drive terminating at the Western boundary line of the major tract of the Assembly of God Church property. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day of April, 1993. CITY OF CANTON, an Illinois Municipal Corporation By Donald E: Edwards, Mayor ATTEST: Nancy Whites, city clerk ASSEMBLY OF GOD CHURCH ATTEST: By