Loading...
HomeMy WebLinkAboutOrdinance #0760J ` , r ~ V~ ' 4 ^. ~, ~,.: s ~ • ~ . ORDINANCE NO . ~ ~p a AN ORDINANCE DISCONNECTING TERRITORY FROM THE CITY OF CANTON, FULTON COUNTY, ILLINOIS. WHEREAS, Chapter 24, Section 7-3-4 of the Illinois Revised Statutes provides, in part, that any territory, within any municipality, which (1) is upon the border but within the boundary of the municipality, and (2) is not laid out into municipal lots or blocks may be disconnected from the municipality, in the discretion of its corporate authorities as follows: a written petition, signed by owners of record representing a majority of the area of land in such territory, shall be filed with the clerk of the municipality, requesting that the specified territory be disconnected from the municipality. The petition shall be accompanied with the certificate of the County Clerk, showing that all city taxes or assessments due up to the time of presenting the petition are fully paid. The corporate authorities, in their discretion, may disconnect the terri- tory from the municipality, by an ordinance passed by a majority of the members elected to the City Council; and WHEREAS, the territory hereinafter described is on the border but within the boundary of the City of Canton and is not laid out into munici- pal lots or blocks; and WHEREAS, a written petition, signed by the owners of record of all the land in such territory, was filed with the City Clerk of the City of Canton; and WHEREAS, said petition was accompanied with the certificate of the Fulton County Clerk, showing that all city taxes and assessments due up to the time of presenting the petition are fully paid. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, FULTON COUNTY, ILLINOIS, AS FOLLOWS: 1. That the corporate authorities of the City of Canton find that as facts the recitals hereinabove set forth. 2. That the following described territory be, and the same is hereby disconnected from the City of Canton, Fulton County, Illinois: r ~ ~ : ~ . , The West 195 feet of the East 228 feet of the South Half of the Northeast Quarter of Section 15, Township 7 North, Range 4 East of the 4th Principal Meridian, situated in the County of Fulton and State of Illinois. 3. That the City Clerk of the City of Canton is hereby directed to have a certified copy of this ordinance recorded in the office of the Recorder of Deeds of Fulton County, Illinois within ninety days. 4. That this ordinance shall be in full force and effect upon its passage by the City Council of the City of Canton, Illinois and the approval of the mayor thereof. PASSED by the City Council of the City of Canton, Illinois and tN APPROVED by the Mayor thereof this ~ day of ~~ (~ rc.c, a r~ 1980. APPROVED : ~ //~i+322~'~' `~,--~'' RLAN E. CROUCH, MAYOR ATTEST: .~___2_ -1X-Q~ N CY S. TES, CITY CLERK STATE OF ILLINOIS ) ss. COUNTY OF FULTON ) ~ ~~O 3 PETITION TO DISCONNECT L. D. Barnard and Virginia Barnard on oath state the following: 1. That they are the owners of certain real estate described as follows, to-wit: The West 195 feet of East 228 feet of the South Half of the Northeast Quarter of Section 15, Township 7 North, Range 4 East of the 4th Principal Meridian, Fulton County, Illinois, excepting 1.8 acres more or less off the East side thereof dedicated for street purposes. 2. That on the 1st day of June, 1971, the aforesaid real estate was annexed into the City of Canton by Ordinance No. 343. That said annexation was at the request of the City of Canton as a part of the overall plan of the City of Canton to extend 4th Avenue from the city limits in a Northerly direction. That the undersigned joined in the petition with owners of real estate lying to the North of the aforesaid tract. The understanding at the time was that the city needed this ground annexed into the city so that they could extend 4th Avenue as aforesaid. That your petitioners were advised and believed that they could at any time thereafter subdivide such strip of land for housing sites. 3. That petitioners are the sole owners of said tract of land and the same is a part of a larger tract containing 38.80 acres, including the aforesaid tract, and is used only for farming purposes. 4. That the tract of land aforesaid is not laid out into municipal lots or blocks. 5. That said tract of land is upon the border but within the boundary of the City of Canton, Illinois. 6. That the remainder of your petitioners' real estate in the South Half of the Northeast Quarter of Section 15, Township 7 North, Range 4 East of the 4th Principal Meridian, Fulton County, Illinois, excepting the tract described aforesaid, is not within the corporate limits of the City of Canton, Illinois. .~ . 7. That said tract is presently zoned industrial. 8. That there are no improvements on the tract herein described sought to be disconnected from the City of Canton, Illinois. 9. That your petitioners have been required to pay excessive taxes on the 4.12 acres lying within the City any benefits derived therefrom. That since the real estate into the City of Canton they have in excess of $1,000.00 in additional taxes on tract and the said 4.12 acres within the City produce sufficient sums to pay such taxes. of Canton without annexation of said been required to pay the aforedescribed of Canton will not 10. That efforts on the part of your petitioners to sell said tracts of land for subdivision purposes have been unavailing, as have their efforts to sell the entire tract of 38.80 acres more or less. That new building restrictions now in effect make it impractical to utilize the said land for subdivision purposes. WHEREFORE your petitioners request that the above-described territory, to-wit, the West 195 feet of the East 228 feet of the South Half of the Northeast Quarter of Section 15, Township 7 North, Range 4 East of the 4th Principal Meridian, Fulton County, Illinois, be disconnected from the City of Canton. Petitioners further request that the City Council rezone said tract aforesaid, changing the same from I-1 to AG-1, agricultural use. L. D. BARNARD r _-. i~.t. fL.~~-' ~'C~-~--~'Z~x'-~~'_ VIRGINIA BARNARD SUBSCRIBED AND SWORN TO before me this ~ ~~ day of November, 1979. ~' NO ARY PUBLIC (2)