HomeMy WebLinkAboutOrdinance #1321
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ORDINANCE N0. 1321
AN ORDINANCE ACCEPTING CERTAIN REAL PROPERTY FOR THE CONSTRIICTION
OF BIICSEYE STREE'P IN THE CITY OF CANTON, ILLINOIS
WHEREAS, on the 18th day of July, 1991 HCR Limited
Partnership I, by HCR GP-1 Corporation, its sole General Partner,
did convey 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 COIINCIL OF THE
CITY OF CANTON, FULTON COIINTY, ILLINOIS AS FOLLOWS:
1. That the City of Canton, Illinois, accepts from HCR
Limited Partnership I, by HCR GP-1 Corporation the following
described real estate:
See Slope, Grade and Utility Easement 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 HCR Limited Partnership I.
2. That a certified copy of this Ordinance 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.
/~. 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 ~.tl~ day of August, 1991 upon a roll call
vote as follows
AYES: Aldermen Molleck, Coay, Sar~f, Steck, Bohler, Barnett,
May.
NAYS: None.
ABSENT : [~der~,n Meade .
APPR
1
onald E. wards, Mayor
ATTEST:
Nancy White , City Clerk.
s
E~~K ~ ~J~PAGE 1j~i
SLOPE, GRADE AND
DTILITY EASEl~iT
KNOW ALL MEN BY THESE PRESENTS, that HCR Limited Partnership I, by
HCR GP-1 Corporation, its sole General Partner, a corporation duly
organized and existing under and by virtue of the laws of the
State of Ohio, hereinafter called Grantor, in consideration of
One Dollar ($1.00) and other good and valuable considerations paid
by the City of Canton, Illinois, of Fulton County, Illinois,
hereinafter called the Grantee, the receipt and sufficiency of
which is hereby acknowledged, does hereby grant, bargain, sell,
transfer, and convey to said Grantee, its successors, and assigns,
a perpetual non-exclusive easement with the right to slope and
grade such easement and to erect, construct, install, and lay and
thereafter use, operate, inspect, repair, maintain, replace, and
remove public utilities and appurtenances over y under and across
the following land owned by Grantor in Fulton County, State of
Illinois, hereby releasing and waiving all right under and by
virtue of the Homestead Exemption Laws of this State:
Part of the Northeast Quarter of Section 15, Township 7
North, Range 4 East of the 4th P.M., 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 N88
degrees 47'-01"E 595.01 ft. to a point on the easterly
right-of-way line of Illinois Route 78; thence along said east
right-of-way line N 43 degrees 5z'-13"ia 36.21 ft. to a point,
thence along a curve def lecting to the right having a radius of
5,669.58 ft., an arc length of 485.14 ft., a chord bearing of N 05
degrees 58'-23"E, a chord length of 4$4.99 ft. to a point, thence
N 08 degrees 22'-32"E 118.71 ft. to a found iron pin, continue
thence N 08 degrees 22'-32"E 69.27 f t. to a point; thence N 08
degrees 07'-41"E 170.76 ft. to a point, thence along a curve
deflecting to the right having a radius of 3,377.75 ft., an arc
length of 546.60 ft., a chord bearing of N 13 degrees 11'-34"E a
chord length of 546.07 ft. to the point of beginning, continue
thence along said right-of-way line along a curve def lecting to
the right having a radius of 3,377.75 ft., an arc length of 69.97
B '~~K 1~ J ~. PAGE ~~ 7
ft., a chord bearing of N 18 degrees 32'-29"E, a chord length of
69.97 ft. to a point; thence leaving said east right-of-way line
of Illinois Route 78 S 74 degrees 12'-43"E 202.l~1 ft. to a point;
thence S 88 degrees 46'-16"E 100.00 f t. to a point; thence N 82
degrees 41'-53"E 101.12 ft. to a point; thence N 88 degrees
46'-16"E 203.00 ft. to a point; thence S 01 degrees 13'-44"E 20.00
ft. to a point on the north right-of-way line of Buckeye Street;
thence with said right-of-way line S 88 degrees 46'-16"W 589.94
ft. to a point; thence N 48 degrees 04'-38"W 41.49 f t. to the
point of beginning, containing 0.55 acres.,
reserving in the grantor the right to use the Easement (for any
reason not inconsistent with the grant of this Easement.)
The Grantee agrees to finish, grade and seed turfed areas
disturbed during construction or maintenance of said utility to
restore any pavements, walks, drives or other improvements to
their original condition, and to take reasonable precautions to
minimize damage to trees and shrubs during construction
operations. The consideration recited herein shall constitute
payment in full for all damages sustained by Grantor by reason of
the installation of the structures referred to herein, and the
Grantee will maintain such easement in a state of good repair and
efficiency so that no unreasonable damage will result from its use
to Grantors' premises. It is mutually agreed that the easement
herein granted shall be subject to the following special
provisions: None.
This Agreement is binding on the parties hereto, their
heirs, personal representatives, assigns and successors.
IN WITNESS ~+1HEREOF the said Grantor has caused its corporate
seal to be hereto affixed, and has caused its name to be signed to
these ,presents by its Vice president, and
BOOK~1151 Pa~E i 3 $
attested by its Assistant Secretary, this 18th day of July, 1991.
a ~ /~
By: o frey G. M yers
ice Presi e t
Attest:
5~ rimer C. ~~Ioler
~A~~i~tant 3~ecretary.
~~;
. STATE OF
OHIO
SS.
COUNTY OF LUCAS
I, the undersigned, a Notary Public, in and for said County,
in the State aforesaid, do hereby certify that Geoffrey G. Meyers
personally known to me to be the Vice President of the sole General
Partner of the Partnership which is the grantor, and
Spencer C. Moler personally known to me to be its Assistant
Secretary and personally known to me to be the same persons whose
names are subscribed to the foregoing instrument, appeared before
me this day in person and severally acknowledged that as such Vice
President and Assistant Secretary, they signed and delivered said
instrument as Vice President and Assistant Secretary of the sole
General Partner and caused its corporate seal to be affixed
thereto, pursuant to authority of the board of directors, as their
free and voluntary act, and as the free and voluntary act and deed
of said partnership, for the uses and purposes therein set forth.
M commission pires - /- ~'
~'
THIS DOCUMENT PREPARED BY P~ jS~' •'''~ .
• ~~
AND RETURN TO : ( ~ JAMES H . MALMGREN `~' ' ' •` ` f
-~'`~'`~ '~~~~_~ City Attorney _
210 E. Chestnut Street ~~ , ~.'i ,~
Canton, Illinois 61520 ~~"' ~ `~
` 4
Phone: (309) 647-0065 '`~'`
~-`~.
CERTIFICATE
STATE C~ jI.T.TNOIS, )
SS.
COUNTY OF FULTiDN. )
I, Nancy [~lhites, 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 and papers of said City, and that the fore~oin~ is a true and correct
cony of:
ORDINANCE N0. 1321
AN ORDINANCE ACCEPTING CERTAIN REAL PROPII2TY FOR THE
CONSTRUCTION OF BUCKEYE STREET ~ THE CITY OF CANTON,
II,LINOIS. ,
adopted by the City Council of said City and approved by the Mayor thereof
on the 6th day of August ~ lg 91
WITNESS ny hand and the Corporate Seal of the Citv_ of Canton, Illinois
this 8th day of August 19 91
~ ~^
c rtes itv er .
(S EA L)
Uri a ~, ~3g
oRDIRARCE Ro. _~~
AA ORDINANCE ACCEPTING CERTAIN REAL PROPERTY FOR THE
OF BIICgEYE STREBT IR THE CITY OF CANTOR, ILLINOIS
WHEREAS, on the 18th day of July, 1991 HCR Limited
Partnership I, by HCR GP-1 Corporation, its sole General Partner,
did convey 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 COIINCIL OF THE
CITY OF CANTON, FDLTON COIINTY, ILLINOIS AS FOLLOWS:
1. That the City of Canton, Illinois, accepts-from HCR
Limited Partnership I, by HCR GP-1 Corporation the following
described real estate:
See Slope, Grade and Utility Easement 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 HCR Limited Partnership I.
2. That a certified copy of this Ordinance 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 6~~ _ day of August, 1991 upon a roll call
vote as follows:
AYES: Aldermen Nlolleck, Coay, Sarff, Steck, Bohler, Barnett,
May.
NAYS: None.
ABSENT: Alderman Meade.
APPR4YED: /
on~ald E.E. ~ wards, Mayor
ATTEST:
TJancy j~dhite , City Clerk.
~, 4 ~
i
i i
B~~K 11 J~. PAGE 1 j ~i
SLOPE, GRADE AUD
D?ILI1'~ EASFA~iT
KNOW ALL MEN BY THESE PRESENTS, that HCR Limited Partnership I, by
HCR GP-1 Corporation, its sole General Partner, a corporation duly
organized and existing under and by virtue of the laws of the
State of Ohio, hereinafter called Grantor, in consideration of
One Dollar ($1.00) and other good and valuable considerations paid
by the City of Canton, Illinois, of Fulton County, Illinois,
hereinafter called the Grantee, the receipt and sufficiency of
which is hereby acknowledged, does hereby grant, bargain, sell,
transfer, and convey to said Grantee, its successors, and assigns,
a perpetual non-exclusive easement with the right to slope and
grade such easement and to erect, construct, install, and lay and
thereaf ter use, operate, inspect, repair, maintain, replace, and
remove public utilities and appurtenances ovev,.under and across
the following land owned by Grantor in Fulton County, State of
Illinois, hereby releasing and waiving all right under and by
virtue of the Homestead Exemption Laws of this State:
Part of the Portheast Quarter of Section 15, Township 7
North, Range 4 East of the 4th P.M., 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 N88
degrees 47'-01"E 595.01 ft. to a point on the easterly
right-of-way line of Illinois Route 78; thence along said east
right-of-way line ~1 43 degrees 52'-13"id 36.21 ft. to a point,
thence along a curve deflecting to the right having a radius of
5,669.58 f t., an arc length of 485.14 ft., a chord bearing of N 05
degrees 58'-23"E, a chord length of 484.99 f t. to a point, thence
id 08 degrees 22'-32"~ 118.71 ft. to a found iron pin, continue
thence ;1 08 degrees 22'-32"E 69.27 ft. to a point; thence N 08
degrees 07'-41"E 170.76 ft. to a point, thence along a curve
deflecting to the right having a radius of 3,377.75 ft., an arc
length of 546.60 ft., a chord bearing of N 13 degrees 11'-34"E a
chord length of 546.07 ft. to the point of beginning, continue
thence along said right-of-way line along a curve deflecting to
the right having a radius of 3,377.75 ft., an arc length of 69.97
~~~~ ~ a ~s . X39
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~ , a ~. ~~d
v~ ~
~~~K 1~..51PAGE 1~7
+ "E a chord length of
of N 18 degrees 32 -29 ' ht-of-way line
ft., a chord bearing, thence leaving said east rig to a point;
69.97 ft. to a point, de rees 12'-43"E 202•!+1 ft.
6+_16"E 100.00 ft. to a point; thence N 82
of Illinois Route 78 S 74 g thence N 88 degrees
thence S 88 degrees 4 oint, ~_ •+E 20.00
+- "E 101'12 ft. to•athence•S 01 degrees 13 e4gtreet;
degrees 41 53 to a point, line of Buckey
46+-16"E 203.00 ft. ht-of-way ees 46'-16"W 589.94
ft. to a point on the north reline S 88 d $,~ 41.49 f t• to the
thence with said right-of-way rees 04 -3
ft. to a point; thence N 48 deg
0.55 acres.,
point of beginning, containing or any
the rantor the right to use the Easement (f
reserving in onsgstent with the grant of this Easement.)
reason not inc
turfed areas
The Grantee agrees to finish, grade and seed
onstruction or maintenance of said utility to
disturbed during c to
drives or other improvements
avements, walks, -
restore any p recautions to
eir original condition, and to take reasonable p
th construction
' imize damage to trees and shrubs during
min constitute
'ons. The consideration recited herein shall eason of
operate Grantor by r
ayment in full for all damages sustained by
p and the
allation of the structures referred to herein, air and
the inst ood rep
tee will maintain such easement in a state of g
Gran e will result from its use
efficiency so that no unreasonable damag the easement
It is mutually agreed that
to Grantors' premises. special
ranted shall be subject to the following
herein g
provisions: None. their
A reement is binding on the parties hereto,
This g
ersonal representatives, assigns and successors.
heirs, p
',dHEREOF the said Grantor has caused its corpora e
IN ~dITNESS ned to
ereto affixed, and has caused its name to be sig
seal to be h
Vice President, and
these .presents by its
J
~~. •
~eooK~1151PacE 138
attested by its Assistant Secretary, this 18th day of July, 1991.
a ~ /~
By: o frey G. M yers
ice Presi e t
Attest: //
. , ~ ~~. 0't~.~
S.p near C.:Moler
•As~i9tant Secretary.
-. ,~
STATE OF OHIO )
SS.
COUNTY OF LUCAS )
- I, the undersigned, a Notary Public, in and for said County,
in the State aforesaid, do hereby certify that Geoffrey G. Meyers
personally known to me to be the Vice President of the sole General
Partner. of the Partnership which is the grantor, and
Spencer C. Moler personally known to me to be its Assistant
Secretary and personally known to me to be the same persons whose
names are subscribed to the foregoing instr~mnent, appeared before
me this day in person and severally acknowledged that as such Vice
President and Assistant Secretary, they signed and delivered said
instrument as Vice President and Assistant Secretary of the sole
General Partner and caused its corporate seal to be affixed
thereto, pursuant to authority of the board of directors, as their
free and voluntary act, and as the free and voluntary act and deed
of said partnership, for the uses and purposes therein set forth.
M~ commission eS(pires 7 //-9S
THIS DOCUMENT PREPARED BY P~ ~S lL - •• ~'
AND RETURN T0: ~~~ JAMES H . MALMGREN :'~ •~` •. ~ ~ •/
~~1~~ City Attorney - `: --
210 E. Chestnut Street -
Canton, Illinois 61520 •-
Phone: (309) 647-0065 '.
CERTIFICATE
STATE C~' TT.T.TNOIS, )
SS.
COUNTY OF FULZiDN. )
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 and papers of said City, and that the foregoing is a true and correct
cony of
ORDINANCE N0. 1321
AN ORDINANCE ACCEPTING CERTAIN REAL PROPII2TY FOR TI-~
CONSTRUCTION OF BUCKEYE STREET ~T THE CITY OF CAN'T'ON,
ILLINOIS. ,
adapted by the City Council of said City and approved by the Mayor thereof
on the 6th day of August ~ 19 91
WITNESS rry hand and the Corporate Seal of the City of Canton, Illinois
this 8th day of August ~ 19 91
~~~~i
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