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HomeMy WebLinkAboutOrdinance #0967\ t ., ' f ~ 1 ORDINANCE NO. 967 AN ORDINANCE REGULATING THE PARKING OF MOTOR VEHICLES UPON LINN FARMS, INC., PARKING AREAS BEING GENERALLY LOCATED AT ADDRESS OF 845 THROUGH 885 N. MAIN STREET, CANTON, ILLINOIS WHEREAS, Linn Farms, Inc., an Illinois corporation, is the owner of a "Shopping Center" which controls a parking area located within the corporate limits of the City of Canton, Illinois, all as contemplated by Chapter 95~, X11-209, Illinois Revised Statutes (1981); and, WHEREAS, Linn Farms, Inc., has contracted with the City of Canton, Illinois pursuant to said X11-209 and has thereby empowered the City of Canton to regulate the parking of motor vehicles on said parking area. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL GF THE CITY OF CANTON, Fulton County, Illinois as follows: 1. That the following words or phrases shall be construed and have the meaning or definition set forth: a. "Park," or "parking" means the standing of a motor vehicle, whether occupied or not, otherwise than when temporarily and actually engaged in the loading or unloading of merchandise or passangers. b. "Parking area" means that area provided for the use of motor vehicles in connection with tree business establishments now or hereafter located in the "Shopping Center" and "Parking Area" hereinafter set forth, all being generally located at address of 845 through 885 N. Main Street, in the City of Canton, Illinois, on the following described real property: A part of the 1`dE a of Section 27, Township 7 North, Range 4 East of the Fourth Principal Merdian, bounded and described as follows: Commencing 5 chains and 50 links west of the northeast corner of said NEB of said Section 27, running thence south 5 chains, thence south 88° west 13 chains and 50 links, thence south 2 chains and 18 links, thence south 82° west 8 chains and 50 links to the center of the Canton and Farmington road, thence North 19° west along the center of the Canton and Farmington road 8 chains and 69 links, more or less, to the north section line of said Section 27, and thence east on said section line 23 chains and 95 links, more or less, to the place of begining; EXCEPTING therefrom the following described tract: Part of the NEq of Section 27, Township 7 North, Range 4 East of the Fourth Principal Merdian, more particularity described as follows: Commencing on the north line of Section 27, 365.23 feet west of the northeast corner of Section 27 and 0.35 feet north of the center of a 3-inch iron fence post set in concrete, the same being the northwest corner of certain Park property, thence, South 0° 52' 41" west 331.43 feet to an iron fence post as above described, thence south 880 55' 49" west 889.42 feet to an iron fence post as above described, thence south 1° 37' 21" west 143.26 feet to an iron fence post as above described, thence south 82° 44' 13" west 108.55 feet to a concrete marker, thence north 0° 21' 21" east 495.77 feet along the west line of First Avenue extended northerly to a concrete marker on the north line of Section 27, Township 7 North, Range 4 East of ~he Fourth Principal Merdian, thence north 89 28' 23" east along the north line of Section 27, 1003.4 feet to the point of begining, containing 8.102 acres, more or less, all being situated in the City of Canton, County of Fulton and State of Illinois, containing 6.538 acres, more or less. 2. That it shall be unlawful for any person to park a motor vehicle at any place in or on the parking area herein contemplated during the time period from 11:00 o'clock P.M. to 7:00 o'clock A.M., local time, Sunday through Saturday. 3. That it shall be unlawful for any person, not actively utilizing or patronizing the business facilities located on said premises, to park a motor vehicle at any time at any place in or on the parking area herein contemplated during the time period from 7:00 o'clock A.M. to 11:00 o'clock P.M., local time, Sunday through Saturday. 4. That, notwithstanding any of the foregoing, it shall be lawful for the aforesaid owner, said owners lessees, and each their respective agents or officers to park upon said parking area at any time, or, to authorize some other person to park thereon at any time. 5. That it shall be prima facie evidence that any person who parks a motor vehicle in or on said parking area during the periods herein prohibited is not authorized to do so and is not actively utilizing said business establishments. 6. That the Street Superintendant of this City shall cause appropriate signs to be posted informing persons of this Ordinance. 7. That any person who violates any of the provisions hereof shall be punished by a fine of not less than $5.00 nor more than $200.00 for each such violation. 8. That this Ordinance shall be in full force and effect ten days after its passage by the City Council of the City of Canton, Fulton County, Illinois, approval by the Mayor thereof, filing in the County Recorder of Deeds Office, and publication in pamphlet form as provided by law. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 15th day of March , 1983 upon a roll call vote as follows: AYES: Aldermen Horr, Larsen, Carl, Grant, Sarff, Savill, Hammond. NAYS: None. ABSENT: Alderman Kovachevich. APPROVED: onald E. Edwards, Mayor. ATTEST: Nan y White , City Clerk. 1 ~ CITY OF CA?3TON O~DI~Ai~CE riO. 967 ADOPTED BY THE CITY COLVCIL OF THr. CITY OF CA~ITOV THIS 15th DAY OF March 19 83, Published in pamphlet form by authority of the City Council of the r City of Canton, Fulton County, Illinois, this lfith day of March. , 19 83 ST~.TE OF ILLIETOIS, ) SS. COLS: T Y OF FULT0~1. ) " I, the undersigned, certify that I am the duly elected and acting City Clerk of the City of Canton, Fulton County, Illinois. I further certify that on March 15th 19 83 the Corporate Authorities of the aforesaid ~?unicipality~passed and approved the afore- sai d Ordinance No. 967 entitled REGULATING THE PARKING OF MOTOR VEHICLES i1P~N 1INN FARMS,~,~.~ PARKING AREAS BEING GENERALLY LOCATED AT ADDRESS F 8 H Rf~.~i N MAIN STREET, CANTON~ILLINOIS. ~ahic:~ provided by its tez-:s than il- s ould be published isz pan"phlet ors. The pamphlet form. of the aforesaid Ordinance No. 967 including the Ordinance and a cover sheet thereof was prepared, and a copy of such Ordinance T•ras posted in the City Building, 210 E. Chestnut Street, Canton, Illinois , commencing on M,~„h , ti+h 19 and continuing for at least ten (10) days t'nerea~ter`. Copies of such rdinance were also available for public inspection upon request in the Office of the City Cler'r:. DATED at Canton, Illinois this 16th day of March ~ lg 83 Ci ler . (S E A L) AGREEMENT FOR REGULATION OF PARKING AND TRAFFIC CONTROL OF MOTOR VEHICLES THIS AGREEMENT, made and entered into this 15th day of March , 1983, by and between LINN FARMS, INC., an Illinois corporation, here- inafter referred to as "Owner," and the CITY OF CANTON, an Illinois municipal corporation, hereinafter referred to as "City," WITNESSETH: WHEREAS, Owner owns and controls certain buildings and real property, to include private parking areas, which serve as a method of ingress and egress to commercial buildings and establishments presently _ occupied by: Ben Franklin/Gambles, Kelley's Big Value/Standard Gas Station/Sea Fare Restaurant/Maytag Home Style Laundromat/Ideal Cleaners, all being situated upon real property being legally described as set forth in Exhibit A hereto attached; and, WHEREAS, the Owner allows parking upon said premises for the use and convenience of persons using and patronizing the businesses situate thereon; and, WHEREAS, said premises, business establishments and parking area herein described is wholly within the corporate limits of the City; and, WHEREAS, Owner is the "owner" of a "shopping center" as defined in Chapter 95~, §11-209, Illinois Revised Statutes (1981). NOW, THEREFORE, in consideration of the mutual covenants, conditions and requirements heretofore and hereinafter set forth, and, further, in consideration of the benefits herein, both public and private, the City agrees to attempt to control parking on the parking lot or area of Owner in the following respects: 1. That the City shall adopt a comprehensive parking policy providing for no parking on Owner's premises during the following times: a. Between 11:00 o'clock P.M. and 7:00 o'clock A.M., local time, Sunday through Saturday; and, b. Between 7:00 o'clock A.M. and 11:00 o'clock P.M., local time, Sunday through Saturday, unless the owner or driver of the parked motor vehicle is then actively using or patronizing one or more of the businesses located on Owner's premises; and, c. That, notwithstanding any of the foregoing, it shall be lawful for the said Owner, Owner's lessees, and each their respective agents or officers to park upon said parking area at any time, or, to authorize some other person to park thereon at any time. 2. That the City, through its officers and employees, shall make an inspection of the parking area to determine what signs, if any, are necessary for the implementation of the parking policy herein set forth. That the City, through its officers and employees as aforesaid, may suggest to Owner the creation and placement of signs which the City feels necessary for implementation of said parking policy. 3. That, except as above provided, all regulatory signs shall be prepared, established and installed at the sole cost of Owner. It is understood by the parties hereto that the City shall not install or contract for the installation of any signs or any other items of any nature to implement said parking policy. 4. That the authorization contained herein under the terms of this agreement, is in addition to any other authority of the City existing by reason of any Statute of the State of Illinois or Ordinances of the City, and that this agreement shall not be construed to be in lieu of any such other Statute or Ordinance or to in any way limit such other Statute or Ordinance. 5. This agreement shall continue in full force and effect from the date of its signing until terminated by written notice as herein- after provided. 6. Either party to this agreement may terminate said agreement by giving the other party written notice of intent to terminate this agreement. For purposes of this paragraph, "written notice" shall mean a written document requesting termination of this agreement, said document to be sent Certified Mail, Return Receipt Requested. This agreement shall then terminate automatically on the 30th day following receipt of said written notice of termination. Upon the termination of this agreement, as herein provided, this agreement shall become wholly null and void and of no legal force or effect. 7. Owner agrees, upon the ratification of this agreement, at his own expense to cause to be recorded in the Office of the Recorder of Deeds, Fulton County Courthouse, Lewistown, Illinois a certified copy of this agreement together with a certified copy of any Ordinance passed by the City in the implementation of this agreement. 8. The-City acknowledges that nothing contained in this agreement shall ever be construed as a dedication by Owner to City of any portion of the premises set forth in Exhibit A hereto, or of any interest of whatsoever nature therein. 9. That this agreement shall be in full force and effect upon the ratification of the same by a majority vote of the corporate authorities of the City and upon the approval hereof by the Mayor and attestation by the City Clerk of said City. ATTEST: LINN FARMS, INC.,by: Its President. C porate Secret CITY OF CANTON, by: Mayor. .' ATTEST: City Clerk. A part of the NE4 of Section 27, Township 7 North, Range 4 East of the Fourth Principal Merdian, bounded and described as follows: Commencing 5 chains and 50 links west of the northeast corner of said NEa of said Section 27, running thence south 5 chains, thence south 88° west 13 chains and 50 links, thence south 2 chains and 18 links, thence south 82 west 8 chains and 50 links to the center of the Canton and Farmington road, thence North 19° west along the center of the Canton and Farmington road 8 chains and 69 links, more or less, to the north section line of said Section 27, and thence east on said section line 23 chains and 95 links, more or less, to the place of begining; EXCEPTING therefrom _ the following described tract: Part of the NE; of Section 27, Township 7 North, Range 4 East of the Fourth Principal Merdian, more particularily described as follows: Commencing on the north line of Section 27, 365.23 feet west of the northeast corner of Section 27 and 0.35 feet north of the center of a 3-inch iron fence post set in concrete, the same being the northwest corner of certain Park property, thence, South 0° 52' 41" west 331.43 feet to an iron fence post as above described, thence south 880 55' 49" west 889.42 feet to an iron fence post as above described, thence south 1 37' 21" west 143.26 feet to an iron fence post as above described, thence south 82° 44' 13" west 108.55 feet to a concrete marker, thence north 00 21' 21" east 495.77 feet along the west line of First Avenue extended northerly to a concrete marker on the north line of Section 27, . Township 7 North, Range 4 East of the Fourth Principal Merdian, thence north 890 28' 23" east along the north line of Section 27, 1003.4 feet to the point of begining, containing 8.102 acres, more or less, all being situated in the City of Canton, County of Fulton and State of Illinois, containing 6.538 acres, more or less. EXHIBIT A