HomeMy WebLinkAboutOrdinance #0991F {. - y
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ORDINANCE NO. 991
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1st reading, Sept
6th, laid over to
Sept 20th council
meeting.
AN ORDINANCE AUTHORIZING AND DIRECTING THE CONVEYANCE OF A PORTION
OF THE CITY OF CANTON'S INTEREST IN CERTAIN REAL PROPERTY TO THE
UNITED STATES GOVERNMENT FOR PURPOSES OF A CONSTRUCTION EASEMENT
WHEREAS, the City of Canton owns or controls part or all of a
public way identified on Exhibit A hereto attached; and,
WHEREAS, the United States Government (U.S. Army Reserve Center)
requires the use of part of said public way for construction and
maintenance of a storm sewer extension.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CANTON, Fulton County, Illinois, as follows:
1. That the Canton City Council hereby approves that certain
document hereto attached entitled "Right-of-Entry for Construction"
and Exhibit A thereto attached.
2. That the Mayor and City Clerk are hereby authorized and directed
to execute and deliver duplicate originals thereof on behalf of the
City of Canton.
3. That the City of Canton hereby agrees to subsequently grant
to the United States Government an easement for the purpose of main-
taining said storm sewer extension upon terms and conditions to be
hereafter agreed upon.
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, at a regular meeting this 20th day of September ,
1983, upon a roll call vote as follows:
AYES: Aldermen Horr, May, Carl, Workman, Sarff, Savill, Hammond.
NAYS: None.
ABSENT: Alderman Kovachevich
APPROVED:
Donald E. Edwards), Mayor.
ATTEST:
/ ,
( y Whi es , City Clerk.
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• ~ DEPARTMENT OF THE ARMY
RIGHT-OF-ENTRY FOR CONSTRUCTION
Canton, Illinois, U.S. Army Reserve
Center Storm Sewer Extension City of Canton, Illinois, Property
(Project, Installation or Activity) (Tract Number or Other Property
identification)
The undersigned, hereinafter called the "Owner", in consideration of the mutual
benefits to the owner and the UNITED STATES OF AMERICA, hereinafter called the
"Government", hereby grants to the Government, a permit or right-of-entry upon the
following terms and conditions:
1. The Owner hereby grants to the Government an irrevocable right to enter
upon the lands hereinafter described at any time within a period of twelve (12)
months from the date of this instrument, in order to construct an underground
storm sewer and to perform any other related construction work.
2. This permit includes the right of ingress and egress on other lands of the
Owner not described below, provided that such ingress and egress is necessary and
not otherwise conveniently available to the Government.
3. All tools, equipment, buildings, improvements, and other property taken
upon or placed upon the ,land by the Government shall remain the property of the
Government and may be removed by the Government at any time within a reasonable
period after the expiration of this permit or right-of-entry.
4. The Government shall have the right to patrol and police the lands here-
inafter described durin¢ the period of this permit or right-of-entry.
5. It is understood and agreed that the owner will convey by donation to the
Government the necessary interest in said land prior to the expiration of this permit
or Right-of-Entry., for so long as said sewer is in use by the United States
of America.
The land affected by this permit or right-of-entry is located in the County of
FULTON, State of ILLINOIS, and is described as follows:
That portion of the property depicted in red on the attached Exhibit "A", lying
within the dedicated road right-of-way recorded in Plat Book 8, page 30, dated
January 3, 1979, of the Sutton and Moore Subdivision, Section 2.
WITNESS MY HAND AND SEAL this 21st
day of September ~ l9 83.
ATTEST:
r
an y Whi s, City Clerk.
lL~~~ ~.~~v'z2,-G~
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Mayor, City of Canton.
(Corporate Seal)
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CITY OF CANTON
210 East Chestnut, Canton, Illinois 61520 - Telephone 309 - 647-0020
Nancy S. Whites, Crry Clerk
Patricia A. Wright, Crty Treasurer
f~onald E. Edwards, Mayor
James H. Malmgren, Crry nrrorney
Clifford L. Sagaser, Ciry Engineer
Mr. Robert R.• Humphreys,
Chief, Real Estate Division
Department of the Army
Corps of Engineers
P.O. Box 59
Louisville, KY. 40201
September 23, 1983
RE: Construction Easement: City of Canton - Army
Reserve Center
Dear Mr. Humphreys:
Enclosed please find the duly executed construction easement for the
proposed sewer in the vicinity of the U.S. Army Reserve Center at Canton
in the vicinity of State Highway 78.
Please note that the Canton City Council has preliminarily determined
that it ought not convey a prepetual easement in' this matter but, rather,
an easement intended to automatically terminate when the sewer is no
longer used by the United States of America. By inference, the easement
would not be assigneable without the City's written consent. To that
end, additional language has been added to numerical paragraph five of
the construction easement. The construction easement is valid only
with the insertion of that language.
Please provide the City with your proposed permanent easement so
that the City Council may consider tyking final action on this matter.
(~incerely,
~~,..(
James 'H. Malmgren
JHM/bm
CC: File
Encl
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'" DEPARTMENT OF THE ARMY " ~ -" ~ "-`
'!l , jf+„r [ _OUISVILLE DISTRICT, CORPS OF ENGINEERS ~ J 1
~;,, P.O. BOX 5S
v t LOUISVILLE, KENTUCKY 40201
URLRE-r1r September 1, 1983
Honorable Donald E. Edwards
N,ayor of Canton
210 E. Chestnut Street
Canton, Illinois 61520
Dear Mayor Edwards:
As Ms. Linda Elmore of this office explained to you over the telephone,
the Government proposes to extend the existing underground storm sewer from
the reserve center in Canton, Illinois to a drainage culvert crossing Illinois
State Highway 78.
Enclosed is a portion of our project map which shows the proposed storm
sewer in relation to a dedicated road right-of-way recorded in Plat Book 2,
page 30, dated January 3, 1979, of the Sutton and Moore Subdivision, Section 2.
It is understood that the city of Canton is interested in donating the
necessary easement for that portion of the project that will be located within
the dedicated road right-of-way. I have enclosed for your information, a copy
of the sewer line easement estate that will be required.
We would like to accomplish this work as quickly as possible. Therefore,
I have enclosed a Right-of-Entry for Construction which will allow us to pro-
ceed without delay and will serve to affirm the City's intent to donate the
easement. Please have each copy of the Right-of-Entry executed by the appro-
priate authority and return the original and one copy to this office in the
enclosed postage-paid envelope. You may retain the extra copy for your records.
Someone from this office will then contact you to arrange for the conveyance
of a perpetual sewer line easement.
Your cooperation and prompt attention are greatly appreciated. If you
have any questions, please call Ms. Linda Elmore at (502) 582-5071. You may
call collect.
Sincerely,
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Robert R. Humphreys
Chief, Real Estate Division
Enclosures
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DEPARTMENT OF THE ARMY
LOUISVILLE DISTRICT, CORPS OF ENGINEERS ~~~,~.. ~'« ~-
P.O. BOX 69 w
LOUISVILLE, KENTUCKY 40201 ~'2.~~r"~~'.,3 .;~/y-
December 1, 1983
ORLRE-AP
Honorable Donald E. Edwards
Mayor of Canton
210 E. Chestnut Street
Canton, Illinois 61520
Dear Mayor Edwards:
Enclosed for your records is a fully executed copy of the License
For Installation Upon Right of_ Way, assigned Contract No. DACA27-9-84-
0003, and further identified as Tract No. 102E for the Army Reserve
Training Center, Canton, Illinois. Please refer to the contract number
in any communication with this office regarding the matter.
The License will enable us to proceed with the project in a timely
manner. Thank you very much for your cooperation in this matter.
Sincerely,
~•
Robert R. Humphreys
Chief, Real Estate Division
Enclosure
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` . ~~ Contract No. DACA27•!~~84.0003
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U. S. ARMY ENGINEER DISTRICT, LOUISVILLE
CORPS OF ENGINEERS
P.O. BOX 59
Louisville, Kentucky 40201
ARMY RESERVE TRAINING CENTER
CANTON, ILLINOIS
TRACT N0. 102E
LICENSE FOR INSTALLATION UPON RIGHT OF WAY
THIS AGREEMENT, made this 23 day of November 19 83 , by and between
the CITY OF CANTONS ILLINOIS, hereinafter called the "Licensor", and the UNITED
STATES OF AMERICA, hereinafter called the "Government", WITNESSETH:
THAT, for and in consideration of the mutual covenants herein contained,
the receipt and sufficiency of which are hereby acknowledged, the Licensor hereby
grants to the Government a license to construct, operate, maintain, renew and
remove a storm sewer line and appurtenances along, across, beneath, and over
the right-of-way and property of the Licensor at the following location:
A right-of-way for the installation of an underground storm sewer and
appurtenances, situate in the State of Illinois, Fulton County, Township 7
North, Range 4 East of the Fourth Principal Meridian, being a part of the
Northeast Quarter of Section 15, also being within the right-of-way of a
dedicated road, as recorded in Plate Book 8, page 30, in the records of
Fulton County, more particularly shown in red on the attached Exhibit "A".
Said installation is in connection with the Army Reserve Training Center,
Canton, Illinois, and this instrument is granted upon the following terms,
provisions, and conditions:
1. All installations placed upon said right-of-way by the Government
shall be and remain the property of the Government and may be removed therefrom
by the Government at any time.
2. The construction, operation, maintenance, renewal, and removal of
said installations shall be accomplished by the Government at its sole cost
and expense and in such manner as will at all times enable the Licensor to
use the surface of the right of way.
3. In the event of any future alterations of the property of the
Licensor or of the line or grade of the right-of-way necessitating changes
in said installations, the Government will make such changes in its installa-
tions as may be necessary in connection with said alterations.
4. The Licensor shall not be liable for damages to property or injuries
to persons arising from the construction, operation, maintenance, renewal, or
removal of said installations by the Government. If the installation by the
Government is performed by contract the Contractor shall carry full liability
and property damage insurance.
5. This agreement, with the rights and privileges herein granted, shall
be subject to cancellation or termination only by mutual agreement of the
parties, or in the event the terms and conditions hereof are not fulfilled
or in the event the Government abandons the use of the premises for the
purposes herein granted. In either of the latter two events, cancellation
may be effected by either party hereto upon thirty (30) days written notice
on the other; and upon the expiration of said thirty (30) days after service
of such notice, this agreement and the rights and privileges hereby granted,
as well as the obligations hereby imposed upon the parties, shall absolutely
cease and determine.
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6. The Government hereby covenants and agrees that on or before the
termination of this license it will remove said installations and the
appurtenances connected therewith from the premises of the Licensor and
restore said premises to the condition existing at the time of entering
upon the same under this license, reasonable and ordinary wear and tear
and damages by the elements or by circumstances over which the Government
has no control excepted.
7. All expenditures to be made by the Government under the provisions
of this agreement shall be subject to appropriations being available for the
purpose.
8. No member of or delegate to Congress or resident commissioner
shall be admitted to any share or part of this agreement or to any benefit
to arise therefrom. Nothing, however, herein contained shall be construed
to extend to any incorporated company if the agreement be for the general
benefit of such corporation or company.
IN WITNESS WHEREOF, the parties hereto have caused this. agreement to be
properly executed by their duly authorized representatives as of the day
and year first above written,
CITY OF TON, ILLINOIS
By
DONALD E. EDWARDS
Mayor, City of Canton
ATTEST:
NAN WHITE , City Cleric
UNITED STATES OF AMERICA
By
Contracting Officer ~0~ ~ ~ 19tI3
ROBERT R. HUMPHREYS
Chief, Real Estate Division
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