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HomeMy WebLinkAboutOrdinance #1320ORDINANCE N0. 132Q AN ORDINANCE ACCEPTING AND DEDICATING CERTAIN REAL PROPERTY FOR THE CONSTRIICTION OF BIICgEYE STREET IN THE CITY OF CANTON, ILLINOIS WHEREAS, on the 11th day of July, 1991 Wal-Mart Stores, Inc., did convey and dedicate to the City of Canton, Illinois, the real estate hereinafter described, to be perpetually used for road purposes. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, FULTOR COIINTY, ILLINOIS AS FOLLOWS: 1. That the City of Canton, Illinois, accepts from Wal-Mart Stores, Inc. the following described real estate: See Dedication of Right of Way For Public Road Purposes attached. to be perpetually used by said City as a public street for the use and benefit of the public as well as for the use and benefit of the adjoining property and of Wal-Mart Stores, Inc. 2. That a certified copy of this Ordinance, together with the certificate thereof, shall be recorded with the Recorder of Deeds of Fulton County, Illinois. 3. That the prior filing of the attached documents by city staff is hereby ratified and confirmed. l,.. That this Ordinance shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Fulton County, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of CAnton, Fulton County, Illinois this 6th day of August, 1991 upon a roll call vote as follows AYES: Aldermen Molleck, Coay, Sarff, Steck, Bohler, Barnett, May. NAYS: None, ABSENT: Aldern~a~.z Meade APP VED: l~ G ~~~1`\,/ 'fit-~ ~'~` Donald E. Edwards, Mayor ATTEST: -~~ Nancy Whit , City Clerk. .; . ~ .y QOi)K ~ 1 J ~. PAGE ~ ~ ~ DEDICATI08 OF RIGHT OF MAY FOR PITBLIC ROAD PORPOSFS THIS INDENTURE WITNESSETH, that the Grantor, Wal-Mart Stores, Inc., a Delaware Corporation, of the County of Benton county and State of Arkansas for and in consideration of the sum of One Dollar and other good and valuable considerations, ($1.00) in hand paid by the City of Canton, or on its behalf, the receipt whereof is hereby acknowledged, and the benefits resulting from the maintenance of the public roadway, herein referred to, does, by these presents, hereby grant, convey and dedicate to the City of Canton, for the purpose of a public roadway, a parcel of land described as follows: Part of the Northeast Quarter of Section 15, Township 7 North, Range 4 East of the 4th Principal Meridian, in the City of Canton, Fulton County, Illinois, to-wit: Commencing at the southwest corner of said Northeast Quarter; thence along the south line of said Northeast Quarter N 88 degrees 47'-01"E 595.01 feet to a point on the east right-of-way line of Illinois Route 78; thence along said east right-of-way line N 43 degrees 52'-13"W 36.21 feet to a point, thence along a curve deflecting to the right having a radius of 5,669.58 feet, an arc length of 485.14 feet, a chord bearing of N 05 degrees 58'-23"E, a chood distance of 484.99 feet to a point, thence N 08 degrees 22'-32"E 118.71 feet to a found iron pin, continue thence N 08 degrees 22'-32"E 69.27 feet to a point, theACe N 81 degrees 53'-15"W 15.33 feet to a point, thence N 08 degrees 14'-20"E 170.79 feet to a found concrete right-of-way marker, thence along a curve deflecting to the right having a radius of 3,392.75 feet, an arc length of 27.79 feet, a chord bearing of N 10 degrees 38'-04"E, a chord distance of 237.74 feet to a point; thence N 47 degrees 39'-20"E 24.64 feet to a point, thence along a curve deflecting to the right having a radius of 3,377.75 feet, an arc length of 176.73 feet, a chord bearing of N 14 degrees 31'-47"E, a chord distance of 176.71 feet to the point of beginning; continue thence along said curve having a radius of 3,377.75 feet, an arc length of 20.00 feet, a chord bearing of N 16 degrees 11'-54"E, a chord distance of 20.00 feet to a point; thence leaving said east right-of-way line along the south line of an existing 60-foot-wide street right-of-way N 88 degrees 46'-16"E 60.00 feet to a point; thence leaving said right-of-way line S 72 degrees 38'-24"W 68.70 feet to the point of beginning, containing 0.013 acres. Subject to any and all easements, restrictions, conditions, etc. of record. Full right, power and authority is hereby granted, conveyed and dedicated to the grantee herein to plant, grow, cultivate and maintain trees, plants and shrubs or any of them and also to do and perform any other lawful acts of highway landscaping which may be considered proper by the grantee on the above described tract of land. ti B~+~K 1~J~.PAGE 1~~ And the Grantor further, as a part of this dedication, agrees to remove any and all fences, enclosures, buildings and other obstructions from the above described tract and to completely vacate the same within fifteen (15) days after notice in writing from the City of Canton, Illinois; and the City of Canton, Illinois, its representatives, engineers, agents, contractors, and employees are hereby authorized to enter into and take full and complete possession of said tract; and. any fences, enclosures, buildings or other obstructions remaining thereon, after the expiration of said fifteen (15) days may be removed by them or either of them and the expense thereof the said Grantor agrees to pay upon demand. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal this 11th day of July , 1991. -: ',~ , [JAL-MART STORES, INC. ~• Co orat Name f~ e a 1). ~~ c^ :.-' By ~ Douglas L. Sperber ",'' ~ : Director of Real Estate ATTEST: 9~" 4~5~~4 ~ S't ~ ~:~ tLl!NOIS f0i!N? t .7 _~~,, ~T}JylJ~jr,~~kCMc^l'LEOfJFnw ~_~~~'~ -. "~ 1L~"SlA1 pF AC ~~~ SS . Secretary AT~..r~L_D'C(,Dq( MAti~u~/v~lr . , . ' :. ~ RECORDED IH VOL. ~.L~ ~ • • PAGE / / V ~State~•o~'~••Arkansas, ) ,~, `WASHINGTON ) SS. ...,d/~~,.-•~/ ,6 ounty o ~- ; = ) counTr aERU a RECaRDER ~. I ~ ,~;: ,~ Carolyn Lange , a Notary Public in • and for;saic~ County in the State aforesaid, do hereby certify that Douglas'L. perber ~~j~g~,~ Di-sctor and awes c ae avis Asst, Secretary of $?f8 - , ~ who are personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such Director of Real Estate p~g}~ and Assistant Secretary ~, a~ ppeared before me this day in person and severally acknowledged that they signed, sealed and delivered the said instrument of writing as their free and voluntary act, and as the free and voluntary act of said Corporation for the uses and purposes therein set forth, pursuant to authority given by the Board of Directors of said Corporation and caused the corporate seal of said corporation to be thereto affixed. Given under my hand and Notarial seal this 11th day of July , 1991. My Commission Expires: November 1, 1993 C Y ~!,~ ~. ~~ tc 0~~ -~ ~'^ Nota y Public 5~~ ~ ~ ~' Chi-~~wCf CERTIFICATE STATE ~' 17 .T .TNOIS , ) SS. COUI~TI'Y OF FUL'PON . ) I, Nancy Gh~ites, City Clerk of the City of Canton, in the County of Fulton and State of Illinois, cb 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 cony of: ORDINANCE NO, T320 _ AN ORDINANCE ACCEPTING AND DEDICATING CERTAIN REAL PROPERTY FqR THE OONSTRUCTTON OF BUCKEYE STREET IN THE CITY OF CANTON, ILLINOIS. adopted by the City Council of said City and approved by the Mayor thereof °n the 6t}a~ day °f Ai_gust 19 ~_. WITNESS rry hand and the Corporate Seal of the City of Canton, Illinois this 8th ~y of August ~ 19 91 cy ites City er . (S EA L) CERTIFICATE STATE C~' ILLINOIS, ) COiJNIY OF FULTON. ) SS. I, Nancy Glhites, 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 acid papers of said City, and that the foregoing is a true and correct cony of: ORDINANCE N0. 1320 _ AN ORDINANCE ACCI±PT~tG AND DEDICATING CERTALN REAL PROPERTY FOR THE OONSTRUCTION OF BUCKEEYE STREET IN THE CITY OF CANTON, ILLINOIS. adopted by the City Cotalcil of said City and approved by the Mayor thereof on the ~_ day of t 19 ~_ WITNESS rry hand and the Corporate Seal of the City of Canton, Illinois this 8th day of August 19 91 ~~ 5~ 9a- 4sa~o ~~~,~E OF 1L~.16'~~J;~ COl~~Tlf Oz ~I.~~_T'CN c~ tes itv e ~~ilS I~~vI~tJ~liENl' f1R ED FJR REt~iTE~ OS~! l~'~ ~G ~ ®nY o~ ~~~~~ ~s~ , v.~~~ o~ctecK.~M ~raD o~~~ r~~~,~E~ ~~ vat..~_ Pnc~ ~"_~3~ U~/ ~? ~. k'33 (SEAL) ~~I, ~ ~~ , ~3y ORDINANCE H0. 132Q AH ORDINANCE ACCEPTING AND DEDICATING CERTAIN REAL PROPERTY FOR THg COHSTRIICTION OF BIICBEYE STREET IN TSS CITY OF CANTOR, ILLINOIS WSffi~EAS, on the 11th day of July, 1991 Wal-Mart Stores, Inc., did convey and dedicate to the City of Canton, Illinois, the real estate hereinafter described, to be perpetually used for road purposes. NOW, THEEtEFORE BE IT ORDAINED BY THE CITY COIINCIL OF THE CITY OF CANTON, FDLTON CODNTY, ILLINOIS AS FOLLOWS: 1. That the City of Canton, Illinois, accepts from Wal-Mart Stores, Inc. the following described real estate: See Dedication of Right of Way For Public Road Purposes attached. to be perpetually used by said City as a public. street for the use and benefit of the public as well as for the use and benefit of the-adjoining property and of Wal-Mart Stores, Inc. 2. That a certified copy of this Ordinance, together with the certificate thereof, shall be recorded with the Recorder of Deeds of Fulton County, Illinois. 3. That the prior filing of the attached documents by city staff is hereby ratified and confirmed. 4. That this Ordinance shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Fulton County, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of CAnton, Fulton County, Illinois this 6th day of August, 1991 upon a roll call vote as follows: AYES: Aldermen Molleck, Coay, Sarff, Steck, Bohler, Barnett, May. NAYS: None. ABSENT: Alderman Meade APP pVED: Donald E ~ Edwards , 'Mayor A~TT~ES,T !~i~ ~ ^ , Nancy Whit , City Clerk. . 'ti ,~ Q~OK 11 J ~ PAGE 14 0 OF RIG$? OF MAT FOB PUBZIC ROAD PORP03ffi THIS INDENTURE WITNESSETH, that the Grantor, Wal-Mart Stores, Inc., a Delaware Corporation, of the County of Benton County and State of Arkansas for and in consideration of the sum of One Dollar and other good and valuable considerations, ($1.00) in hand paid by the City of Canton, or on its behalf, the receipt whereof is hereby acknowledged, and the benefits resulting from the maintenance of the public roadway, herein referred to, does, by these presents, hereby grant, convey and dedicate to the City of Canton, for the purpose of a public roadway, a parcel of land described as follows: Part of the Northeast Quarter of Section 15, Township 7 North, Range 4 East of the 4th Principal Meridian, in the City of Canton, Fulton County, Illinois, to-wit: Commencing at the southwest corner of said Northeast Quarter; thence along the south line of said Northeast Quarter N 88 degrees 47'-01"E 595.01 feet to a point on the east right-of-way line of Illinois Route 78; thence along said east right-of-way line N 43 degrees 52'-13"W 36.21 feet to a point, thence along a curve deflecting to the right having a radius of 5,669.58 feet, an arc length of 485.14 feet, a chord bearing of N 05 degrees 58'-23"E, a chrod distance of 484.99 feet to a point, thence N 08 degrees 22'-32"E 118.71 feet to a found iron pin, continue thence N 08 degrees 22'-32"E 69.27 feet to a point, th,eace N 81 degrees 53'-15"W 15.33 feet to a point, thence N 08 degrees 14'-20"E 170.79 feet to a found concrete right-of-way marker, thence along a curve deflecting to the right having a radius of 3,392.75 feet, an arc length of 237.79 feet, a chord bearing of N 10 degrees 38'-04"E, a chord distance of 237.74 feet to a point; thence N 47 degrees 39'-20"E 24.64 feet to a point, thence along a curve deflecting to the right having a radius of 3,377.75 feet, an arc length of 176.73 feet, a chord bearing of N 14 degrees 31'-47"E, a chord distance of 176.71 feet to the point of beginning; continue thence along said curve having a radius of 3,377.75 feet, an arc length of 20.00 feet, a chord bearing of N 16 degrees 11'-54"E, a chord distance of 20.00 feet to a point; thence leaving said east right-of-way line along the south line of an existing 60-foot-wide street right-of-way N 88 degrees 46'-16"E 60.00 feet to a point; thence leaving said right-of-way line S 72 degrees 38'-24"W 68.70 feet to the point of beginning, containing 0.013 acres. Subject to any and all easements, restrictions, conditions, etc. of record. Full right, power and authority is hereby granted, conveyed and dedicated to the grantee herein to plant, grow, cultivate and maintain trees, plants and shrubs or any of them and also to do and perform any other lawful acts of highway landscaping which may be considered proper by the grantee on the above described tract of land. ~3~ ~~/~ !. Uv ~ a ~ ~3~ s?~~K i i 5 i PAGE i i i And the Grantor further, as a part of this dedication, agrees to remove any and all fences, enclosures, buildings and other obstructions from the above described tract and to completely vacate the same within fifteen (15) days after notice in writing from the City of Canton, Illinois; and the City of Canton, Illinois, its representatives, engineers, agents, contractors, and employees are hereby authorized to enter into and take full and complete possession of said tract; and any fences, enclosures, buildings or other obstructions remaining thereon, after the expiration of said fifteen (15) days may be removed by them or either of them and the expense thereof the said Grantor agrees to pay upon demand. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal this 11th day of July , 1991. ,~ [JAL-MART STORES, INC. ~~' ~ Co orat Name (S e a 1) ~~_~. By: " ~C Douglas L. Sperber ~'," ~ Director of Real Estate ATTEST: ~,~- l~~s~~4 ~" ~ R~ 1_Y`1! ss ,~ Secretary ~ ~t~_orluac r~~~._« ~ ~ aFCOr,~ u~ von 115L~ ~ State~~o~'Arkansas, ) `~' -GIASHINGTON ) SS. ~~~~~ .county of-= ) ~,,,,~,~s " =:" Carolyn Lange I,.~: , a Notary Public in and for sai~ County in the State aforesaid, do hereby certify that Douglas `L. perber ~ig~~ ni"~ctor and ames c ae av s Asst, Secretary of l~f8 - , who are personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such Director of Real Estate p~g}gt and Assistant Secretary '~ , appeared before me this day in person and severally acknowledged that they signed, sealed and delivered the said instrument of writing as their free and voluntary act, and as the free and voluntary act of said Corporation for the uses and purposes therein set forth, pursuant to authority given by the Board of Directors of said Corporation and caused the corporate seal of said corporation to be thereto affixed. Given under my hand and Notarial seal this 11th day of July , 1991. My Commission Expires: ~i ~ November 1, 1993 ~' ~ ~ r c., f~ c~ -• ~.'t "to ~~.,~; ~ ~"-~'`'-~ ``~`- Nota Public ~ ~~ ,~: 5;~agg~ y ~' ~ ~ct~-~-C.f ~~~~sv ~,tr~_