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HomeMy WebLinkAboutOrdinance #1314ORDINANCE N0. 1314 AN ORDINANCE PROVIDING FOR THE LEASE OF CERTAIN REAL PROPERTY OWNED BY THE CITY OF CANTON, FULTON COUNTY, ILLINOIS. WHEREAS, the City of Canton has become the owner of record of approximately 9.9 acres of real property located on the Illinois River at Banner, Illinois; and, WHEREAS, the Canton City Council has determined that the real property hereinafter described, consisting of approximately 3.340 acres, is no longer necessary, appropriate, required for the use of, profitable to, or for the best interest of the City of Canton. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, Futlon County, Illinois as follows: 1. That the foregoing recitals are hereby found to be fact. 2. That the attached "Lease Agreement", Exhibit A to this Ordinance, is hereby approved. 3. That the Mayor and City Clerk are hereby authorized and instructed to execute and deliver said lease agreement on behalf of the City of Canton. l,.. That, pursuant to the provisions of Chapter 21,., ss 11-76-1, et sequi, Ill. Rev. Stat., the following information is provided: (a) The subject real estate is generally located on the Illinois River at Banner, Illinois and is legally described in the Lease Agreement attached. (b) The use of said real estate shall be solely as set forth in the attached Lease Agreement; that is, as a parking area(s), public boat launch ramps, water intake structures, and related facilities; (c) It is desirable and in the public interest that the above-described demised property not be used for other than the uses set forth in Paragraph 4(b) of this without prior approval of the Canton City Council by passage and approval of a new Ordinance authorizing and approving such new use. Any use in contravention of this subparagraph shall, by operation of law, nullify this Ordinance and the Lease Agreement approved hereby. (d) A "Notice of Intent to Adopt Ordinance" was published in the Canton Daily Ledger, a daily newspaper published in the City of Canton, not less than 15 nor more than 30 days prior to adoption of this Ordinance, all in conformity with Chapter 24, ss 11-76-2, Ill. Rev. Stat. The publisher's Certificate of Publication is on file and available for inspection in the Office of the City Clerk. 5. That this Ordinance shall be in full force and effect immediately upon a vote of 3/4 of the corporate authorities holding office and approval by the Mayor. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 2nd day of J~ul.v , 1991 , upon a roll call vote as follows AYES: Aldermen May, Barnett, Meade, Bohler, Steck, Mayor Edwards, NAYS: Alderman Sarff. ABSENT: Aldermen Coay, Molleck. APP VED: ~~~x-c, ona war s, ayor -2- ATTEST: Nand Whit , City Clerk. Pc~~iication instructions ~ Jo not pu~ili h Ci ~'u~;Ei~h in ~;anphlet form only Puhii~h in ~ ~~neral circulation newspaper Ci° ~i, Date -3- STATE OF ILLINOIS DEPARTMENT OF CONSERVATION LEASE AGREEMENT This Agreement is made and entered into this 1st day of June, 1991 by and between CITY OF CANTON ("CANTON") and the State of Illinois, Department of Conservation ("CONSERVATION"). WHEREAS, CANTON desires to make the Premises available for limited public recreational and river water intake facility use, in a manner consistent with the programs and interests of CANTON; and WHEREAS, CONSERVATION is authorized and empowered to enter into this Agreement pursuant to and under the authority of the current Illinois Revised Statutes, Chapter 61 - Paragraph 1.9, Chapter 56 - Paragraph 1.9, Chapter 127 - Paragraph 63a18; and WHEREAS, CONSERVATION desires to construct access roads, parking areas, /public boat ramps, water intake structures and related facilities to be used by the general public, in accordance with attached plans and specifications shown on Exhibit "A"; and WHEREAS, CANTON is the owner of certain real estate in Fulton County, Illinois, a general description of said land being described as follows and shown on the attached Exhibit "B"; That portion of the southeast quarter (SE 1/4) of the northwest quarter (NW 1/4) of Section 25 in Township 6 North of the base line, Range 5 East of the 4th P.M. bounded as follows: Commencing at a point nineteen hundred and ninety-five (1995) feet east of the west quarter post of said Section 25 where the centerline of the section line running east and west intersects with the west bank of the Illinois River at a stage of water five (5) feet above low water mark, thence north 5 degrees 6' east magnetic bearing on a line three hundred (300) feet west of and parallel with the center -2- line of the lock, a distance of four hundred (400) feet to the point of beginning; thence easterly along a line bearing south 64 degrees 56' east (magnetic bearing) three hundred (300) feet to a point in the Illinois River; thence northerly along a line north 5 degrees 06' east (magnetic bearing) three hundred (300) feet to a point in the Illinois River; thence westerly along a line north 25 degrees 06' west (magnetic bearing) a distance of one hundred (100) feet to a point; thence northerly along a line north 5 degrees 06' east (magnetic bearing) a distance of three hundred twenty-five (325) feet to a point; thence westerly along a line north 25 degrees 06' west (magnetic bearing) a distanceof two hundred (200) feet to a point on the west property line of the City owned tract of ground; thence south 5 degrees 06' west (magnetic bearing) along the west property line of said tract of ground a distance of six hundred twenty-five (625) feet to the point of beginning and containing 3.340 acres, more or less, and all lying in the County of Fulton in the State of Illinois. Also, nonexclusive ingress and egress across an existing roadway located in the north half of Section 25, Township 6 North, Range 5 East, Fulton County, Illinois. Said roadway running southerly from the north boundary line of said Section 25. A distance of 1500 feet, more or less, to the center of the leased area, described above. The action locations of the proposed facilities, as built, shall govern in the event of a discrepancy in any of the descriptions specified above. WHEREAS, CANTON is authorized and empowered to e~ ter into this Agreement and to perform and discharge the covenants and promises herein made and undertaken, by virtue of the Signature Authorization attached hereto as Exhibit "C". NOW, THEREFORE, THIS AGREEMENT, WITNESSETH: That CANTON, in consideration of the mutual benefits to be derived, and the further consideration that CONSERVATION agrees to maintain the parking areas, ~bpoat tramps, water intake structures and related facilities, by these presents does lease to CONSERVATION the premises as above described. - 3- It is understood and agreed by and between the parties hereto that CONSERVATION shall have the right to construct, /public operate, regulate, maintain, and repair the parking areas, boat ramps, water intake structures, and related facilities in a condition suitable for general travel and use, and shall have the right to clear brush and small trees. It is understood and agreed that CONSERVATION may exercise control over the public use of said parking areas, boat ramps, water intake structures and related public use facilities. This Agreement will cover a period of twenty-five years from day of , 1991• After the first minimum term, this lease shall continue in force, except as terminated by mutual consent, or by either CONSERVATION or the CITY upon written notice to the other party. r NOTIFICATION: All notices shall be addressed as follows: CONSERVATION: Department of Conservation Emergency Contact Division of Special Services 524 South Second Street Location: Rice Lake F&W Area Springfield, IL 62701 Telephone: 309/647-9184 LESSEE: City of Canton 210 East Chestnut Emergency Contact Canton, Illinois Donald E. Edwards Telephone: (309/647-0065 phone: 309/647-0065 -4- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers as of the date first above written. CITY OF CANTON BY: BY: Date: Mayor, Donald E. Edwards Witness ILLINOIS DEPARTMENT OF CONSERVATION BY: Brent Manning, Director 0037A ~ C tiroiv .-_ $' Q ?alo • \~ ~ ~6 . ~ `~ W ~ 0 3 o ~ P~'a P y Q ? ~h ~ 0 b ~ ~ v O ~ ~~ moo ~ ti ~ '~Se ~~ ~ ~s- Qa~ ~ cur b / t,IV,vc~v 3~ ~ ~ ~ EX~/~e /T ~~ ~l ~ a• Ski ~ ~ J~ ~.F `y R/CE L A~!'E F~ p; ~1QEA y~~ FULTON COUNT Y pp~ ~r~ / SEC. ?6, T. 6N.~ R. ~6. a ~ ~'~ / AROT TO BC,It E ~ SEC. 25- 6-5 i ~ ~ ~ /995' EXHIBIT "C" SIGNATURE AUTHORIZATION FORM As an official of the City of Canton, I hereby certify that Donald E. Edwards is an authorized representative of said City legally empowered to act on its behalf in executing this agreement. Signed: Title: Date: ADDENDA TO STATE OF ILLINOIS DEPARTI~TT OF CONSERVATION LEASE AGREEI~:NT This first addenda to State of Illinois, Department of Conservation, Lease Agreement dated as of the 1st day of June, 1991 between the City of Canton and the State of Illinois acting by and through its Department of Conservation, WITNESSETH: 1. That this is a first addenda to the aforesaid agreement and shall be fully operative and enforceable as though set forth in the body of the aforesaid Lease Agreement verbatim. 2. That the consideration supporting this addenda consists of the consideration supporting the underlying lease agreement, to include the promises and covenants therein set forth and includes the promises and covenants set forth in this Addenda. Each of the City and Conservation covenant and agree that they have each received good and valuable, sufficient consideration in support of this Addenda. 3. That the City reserves unto itself the exclusive and unilateral right to make test drillings and to place permanent wells upon the demised premises. City agrees, at its sole expense, to replace any improvements made by Conservation on the demised premises to their original condition. 4. Each of the City and Conservation agree that the river water line anticipated to be placed and constructed by Conservation shall include a '~T" connection which shall allow the City to tap into said line without additional consideration. The City shall not be required to pay any further or additional consideration for the use of the ~~T~~. However, the City shall, within a reasonable period of time to be not less than 30 days from receipt of billing, reimburse Conservation for the actual cost of labor and materials occasioned by use of and connection of the nTn device anticipated by this paragraph. DATED as of this 1st day of June, 1991. CITY OF CANTON By: Mayor, Donald E. Edwards ILLINOIS DEPARTMENT OF CONSERVATION By: Brent Manning, Director By: Witness NOTICE OF INTENT TO ADOPT ORDINANCE Pursuant to the provisions of Chapter 24, ss Stat., the following public notice is hereby a) The Canton City Council intends to authorizing and directing the Mayor and City deliver a lease for a period of time in exce; Illinois Department of Conservation. 11-76-2, Ill. Rev. given: pass an Ordinance Clerk to execute and ~s of 20 years to the b) The property to be leased consists of approximately 3.340 acres and is legally described as follows, to-wit: That portion of the southeast quarter (SE 1/4) of the northwest quarter (NW 1/4) of Section twenty-five (25) in Township six (6) north of the base line, Range five (5) east of the Fourth principal meridian bounded as follows: Commencing at a point nineteen hundred and ninety-five (1995) feet east of the west quarter post of said Section twenty-five (25) where the center line of the section line running east and west intersects with the west bank of the Illinois River at a stage of water five (5) feet above low water mark, thence north 5 degrees 6' east magnetic bearing on a line three hundred (300) feet west of and parallel with the center line of lock a distance of four hundred (400) feet to the point of beginning; thence easterl along a line bearing south 64 degrees 56' east (magnetic bearing three hundred (300) feet to a point in the Illinois River; thence northerly alon aline north 5 degrees 06' east (magnetic bearing) three hundred 300) feet to a point in the Illinois River; thence westerly along a line north 25 degrees 06' west (magnetic bearing) a distance of one hundred (100) feet to a point; thence northerly along a line north 5 degrees 06' east (magnetic bearing) a distance of three hundred twenty-five (325) feet to a point; thence westerly along aline north 25 degrees 06' west (magnetic bearing) a distance of two hundred (200) feet to a point on the west property line of the City owned tract of ground; thence south 5 degrees 06' west (magnetic bearing) along the west property line of said tract of ground a distance of six hundred twenty-five (625) feet to the point of beginning and containing 3.340 acres, more or less, and all lying in the County of Fulton in the State of Illinois. Also, nonexclusive ingress and egress across an existing roadway located in the north half of Section 25, Township 6 North, Range 5 East, Fulton County, Illinois. Said roadway running southerly from the north boundary line of said Section 25. A distance of 1500 feet, more or less, to the center of the leased area, described above. The action locations of the proposed facilities, as built, shall govern in the event of a discrepancy in any of the descriptions specified above. The foregoing property is generally located on the Illinois River at Banner, Illinois and is part of a larger tract of approximately 9.9 acres owned by the City of Canton. c) The property to be leased is to be used for parking area(s), public boat ramps, water intake structures, and related facilities. No other use of the property is to be made without subsequent approval of the new use by the Canton City Council by passage of a new ordinance. d) The Ordinance which is proposed to be passed and the lease agreement which it purports to approve are on file in the Office of the City Clerk and are available for public inspection during normal business hours at City Hall, 210 E. Chestnut Street, Canton, Illinois. /s/Nancy Whites, City Clerk. INSTRUCTIONS TO PUBLISHER: Publish the foregoing one (1) time as a legal notice; the publication must be NOT LATER THAN June 1, 1991. Please send one original certificate of publication and your bill to: City Clerk, City Hall, 210 E. Chestnut Street, Canton, Illinois 61520.