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HomeMy WebLinkAboutResolution #0875t ' RESOLUTION NO. A RESOLUTION APPROVING A WARRANTY DEED AND TEMPORARY COPdSTRUCTION EASEMENT FROM THE CITY OF CANTON TO THE PEOPLE OF THE STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION, AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER SAID INSTRUMENTS ON BEHALF OF THE CITY OF CANTON. WHEREAS, Cha~!ter 30, Section 158a of the Illinois Revised Statutes provides, in part, that any municipality shall have the power upon reso- lution passed by a two-thirds vote of the members of its legislative body then holding office, to transfer all of the right, title and interest held by it in and to any real estate to the State of Illinois for any authorized purpose of state government, upon such terms and conditions as may be agreed upon by the municipality and the State of Illinois; and WHEREAS, the people of the State of Illinois desire to acquire the property described in the Warranty Deed, a copy of which is attached hereto and made a part hereof as Exhibit A, for use by the Department of Transportation for highway purposes; and WHEREAS, the people of the State of Illinois desire a Temporary Construction Easement on the property described in the Temporary Construction Easement, a copy of which is attached hereto and made a part hereof as Exhibit B,for use by the Department of Transportation for sidewalk recon- struction; and WHEREAS, the City Council of the City of Canton, Illinois has deter- mined that it is desirable and in the best interests of the City of Canton to approve said Warranty Deed and Temporary Construction Easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON, ILLINOIS, AS FOLLOWS: 1. That the Warranty Deed from the City of Canton to the people of the State of Illinois, Department of Transportation, which is attached hereto and made a part hereof as Exhibit A, is hereby approved, said Deed to be subject to and effective pursuant to the terms and conditions set forth therein. 2. That the Temporary Construction Easement from the City~of Canton to the people of the State of Illinois, Department of:Transpo"Ytation, which is attached hereto and made a part hereof as ExY~ibit B, is hereby approved, said easement to be subject to and effective pursuant to the terms and conditions set forth therein. 3. That the Mayor and City Clerk of the City of Canton, Illinois are hereby authorized and directed to execute and deliver said Deed and said Easement and such other instruments as may be necessary or convenient to consummate such transaction on behalf of the City of Canton. 4. That this Resolution shall be in full force and effect upon its passage by the affirmative vote of at least two-thirds of the members of the City Council of the City of Canton, Illinois and approval by the Mayor thereof . PASSED by the affirmative vote of two-thirds of the City Council of the City of Canton, Illinois and APPROVED by the Mayor thereof this )'% tl-f day of ~~'1 ~ (?(;// 1981. .:. / ~' APPROVED: -~~~~~~ •~_MAYOR HARLAN E. CROUCH ,~ a ATTEST: 'L CITY CLERK NANC S. WHITES -2- .. iy1'tItRAYTY D.:.ED {COR_~O?~A'i'ION) NON-FREE v~JJ}1Y • (Locust St.) Rt. PARCEL NO. 1 City of Canton, A ~•tunicipal Corporation ROUTE FA 22 vS~~.135Z-I-1 PROJECT I10. JOB NO. R-94-006-80 STA. 7+95 ~ 'i~ S'i~'tl. 8+50.4 This indenture, made this day of March ~ 19 81 , by the City of Canton, a municipal ~ Corporation, organized ,and.. existing under,-and ry-virtue of the Saws ox the State of Illinois and daly authorized to do business iAnder th~_ Statutes of t e State o_ Yl nois, party of the first pa.~:t, and thV Pc-~o~aie of the State of ~llirois, Department of Transportation, p;~~rty.of the second pa=t; ~itnesseth, that the said party of the first part, in con3ideration oi' the 5uM Of Four Thousand :Fine Hundred Fifty Dollars DOllars ($4,950.00 ) fn hand paid by the party of the s~:cond part, the receipt ~her~of is hereb-_: acknowledge3 Both hereby_grant, convey a7d warrant unto the Qaid party of the second part the following described real esate in Fulton County; Iliinais, to-wit: ~. A part of Lot 96 in the Original Town of Canton, now City of Canton, situated in the Southeast. Quarter of Section 27, Township 7 North, Range 4 East of the Fourth Principal Meridian, in the' - County of Fulton and State of Illinois, described in detail as f of lows Beginning at the northeast corner of said Lot 96, said. point being 33:06 feet normally distant southerly from the centerline. o_f Locust Street and 33.0 feet normally distant westerly from the .. centerline of First Avenue; thence South~0° 04' 14" West-(hear-ings assumed for purposes o.f description only),. 74.15 feet along the easterly line of said Lot 96 to a point 33.0 feet normally distant,, westerly from the centerline of First Avenue; thence-iJorth 20° 03' 57" West,- 63.91 feet to a point 55.0 feet normally 'distant westerly from the centerline of First Avenue; thence North 67° 04' 07" _ West, 36:25~feet to a point on the northerly line of said Lot 96, . said point being 33.0 feet normally, distant southerly from the ' centerline of Locust Street; thence East, 55.40 feet ` along the nortterly line of said Lot 96 to the Point of Beginning, containing 1207 square feet, more or less, or 0.02.8 acre, more or less. The said Real Estate being also shown by the plat hereto attached and made a part hereof. - - - ~9,~ - . , n . r~ .w .. -• . -..,_ _ _ .The- party of ..t.he .fir_st. p~-~rt without 1ir1iting the fee sim le - P interes~ above granted and conveyed, does hereby xelease the .party of the second pa or any agency thereof fore~fer, from any and all claims for da~:dgPS sustain. by the party of the first part, its successors and assigns by reason of th --- ~ open3,z~g, improving. and using the.. above-described.-premises for highway puz_ poses. In Witness Whereof, the party of the first part has caused its Corpor, name to be hereunto subscribed by its Mayor its duly attest Cor~r_ate Seal to be he;:eunto affixed y is ~~r~, a 1 in the City of anton , State Of Illinois ~ the day and year first a ve Ear tten. (Corporate Seal) Rtt®~at : By: Secretary STATE OF ILLINOIS ) SS. C©UYti'TY OF FULTON ) ' I, the undersigned , a Notary Public in and foz' said County in the State a -Dress , a ere y certify that xa~`lan 1;. crouch ~ Mayor ~~'~`~ arid- Nancy S . Whites , Clerk ~g O tho City of Canton Who are pergona.Ily knaErr~~ t~ tx: t:3 see persc~r~s wt'ose names are subscribed to the foregoir_g instrument 88 ~u0i1 *iyor )~~ aid Clerk ~$$~ ar~:.Cs.~°,;~~~, ,~-,2f~r~ - - me th? s say ~n Hereon and several _y ac. ova a ge that they signed, sealed and delivere3 the said instrument of Erriting as their flee•and voluntary ac and as the free and voluntary act of said Corporation for the uses and ptrposes therein set forth, pursuant to authority given by the Board of F~irc~-ctors of said Corporation and caused the Corporate Seal of said Corporation to be thereto affixed. Given under my hand and Notarial'seal this _,. _.,,,,,,,.~~, *Sarch , 19 81 , day o~ • ~ Notary Pu c Icy Carrmtission Expires 9455-38 ,_ _ • !~ . r .~ ` y r . ^• ~~ `` V V N Q ~ N ~ .~~ o O ~ ~( ~j O ~ o ~ ~ a ~, ~~ ~ ~O ~ ~Q~~ o `O v~~ ~O~ ~~~ ~- Z O (- Q F- N o O a Z N J Z ~, a Q LL ~ °o W Q Z N W F- a w D V ~~ (h ly `3 ~o ~~ 0 ~- ~~ lQ ' V ~'', 'I ~~ „°l~, ~o0 69 0 m' ~~ V O ~ h (`{~ ~ no Qo G ~ 1.0 7 ~i • `' I I I Z _ _- a O O ^ Q W ~ ~p V Q a N o o ~ ~ J ~ Za m O e ~ o ~.1 ~ Z z O m ~~~ ~~o U ~~a~ ~ ~ ~ ~ ° ° ~ ° ~ H W~~ a ~ ~~ ~~ ~~ ~ ~w o ~ ~ ~ ~ ~ ~ ~ ~ W o ~ _ ~, o 0 ~~w ~~ ~N a W ~~~ ~~ p J Z ~-+ von o a+ ° ~ ~ 0 o ~-~ ~ ~ ~, ~~~ ti ~ ~~ O J ` ~ W (.~ N ~ I Mo ~ (`"(~1 `jJ ~~O (~ ~. ~5 ~ god iii ~~ 1 D 7 h . O 'SS'=/s'lOa' 0 3 os ~ ~~ e S-6 ,sz'~~' ~ 107 ~ ~ ~ ~„LO, ~O,L~ N .>~ s~ hod/iJ o . 07~ "SS .~N/ 7 iC b'/Yl .~D m 1 S 6'.~ 1 H.9/?' ~ N/1 S/X.~ °I7»-8 ..LS' 8 ^L S/7~07 ~ -1-.~?a'1 S 1 Sn,7o 7 ~D ~N/72/~1N.>~_ ,,..~ , 'ON ~8-Z/ ~' ~~ 43k~3H0 ~NI 0~-2/ ~/'~ ~3~NI ~008310N pg-z/ cp~~ -~(]3~~3N0 ' - - - --s ---- --- -- - ;- ~J l d W W ~. Q h V ~1 I W Q a 0 z z W Y ~ O U O O o] O a 0 U a b a c Q fib i rIo . 1 TE City of Canton, Name A Municipal Corporation FA Route 22 Section 1352-I-1 Fulton (Locust 5t.) Rt. Job rro . R-94-006-80 County Sta . 7+80 To Sta . 8+50.4 TF.MPOFct? RY COiISTRUCTI0~1 EASEi?F,N'i THIS INDENTURE t~'ITNESSETH, That the Grantor , City of Canton of the County of Fulton , and State of Illinois, for and in consideration of the sum of Fifty Dollars ($50.00) ,. in hand paid, the receipt of which is hereby acknowledged, hereby represent s, that it owns the fee simple title to and da by these presents grant the rigFit, easement and nrivilege to enter upon the following described land unto the State of Illinois, for the use of the Department of Transportation, for the purpose of sidewalk _.- reconstruction A part of Lots 96 and 97 in the Original Town of Canton, now City of Canton, situated in the Southeast Quarter of Section 27, Township 7 Vorth, Range 4 East of .the Fourth Principal Meridian, in the County of Fulton and State of Illinois, described in detail as follows: Commencing at the northeast corner of said Lot 96, said point being 33.06 feet normally distant southerly from the centerline of Locust Street and 33.0 feet normally distant westerly from the centerline of First Avenue; thence South 0° 04' 14" West (bearings assumed for purposes of description only), 74.15 feet along the easterly line of said Lot 96 to a point 33.0 feet normally distant westerly from the centerline of First Avenue, said point also being the Point of Beginning. From the Point of Beginning, thence South 0° 04' 14" West, 92.5 feet along the easterly line of said Lots 96 and 97 to a point 33.0 feet normally distant westerly from the centerline of First Avenue: thence South 89° 55' 46" West, 17.0 feet to a point 50.0 feet normally distant westerly from the centerline of First Avenue; thence North 0° 04' 14" East, 92.5 feet parallel with the centerline of First avenue; thence North 22° Il' S4" West 61.70 feet to a point 50.0 feet normally distant southerly from the centerline of Locust Street; thence G]est, 30.0 feet parallel with the centerline of Locust Street; thence North 17.0 feet to a point on the northerly line of said Lot 96, said point being 33.0 feet normally distant southerly from the centerline of Locust Street; thence East, 15.0 feet along the northerly line of said Lot 96 and parallel with the centerline of Locust Street; thence South 67° 04' 07" East, 36.25 feet to a point 55.0 feet normally distant westerly from the centerline of First Avenue; thence South 20° 03' 57" East, 63.91 feet to the Point of Beginning, containing 3201 square feet, more or less, or 0.073 acre, more or less. The said parcel of land being also shown by the plat hereto attached and mach a part hsreof. Sheet ®f The said Grantor for wa.iaes all damages of every Grantor or to the p.remi~ses zany adjoining premises owned construction. and in consideration r,f the sum herein named game and nature that may accrue to the said or parcel of land ~~bo~re described, or to by the saint Grantor because of the said All rights of the Grantee herein (namely the People of the State of Illinois, acting by and through the said i7epartrnent) in and to the above described parcel of land, shall terminate sixty (60) days after the completion of the newly constructed lHighway FA 22 adjacent to the above described.-parcel of land. 'his r!'E~iPORAR'Y EASEMEI~IT shall be binding upon the Grantor and upon its heirs, executors, successors and assigns. IN ~iIITNESS 6V~ir REOF, the Grantor has caused its Corporate name to be hereunto subscribed by its ~ Mayor, its duly Clerk attested Corporate Seal to be hereunto affixed by its ~~~~ on this day p f March , 19 81 (Corporate Seal) Attest: - - - .--- Secretary STATE Off' ILLINOIS } ~. ) S S . County of FULTON ) Y, the undersigned a rdotary Public in and for said County aforesaid, do hereby certify that _Harlan E. Crouch, Mayor ~~ and Nancy S. Whites, Clerk ~~~ of the City of Canton personally known to me to be the same persons ~rhose names are siYbscribed to the foregoing instrument, appeared before rae this day in person and acknoc~rledged that they signed, sealed and delivered the said instrument 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 Hoard of Directors of said Corporation and caused the Corporate Seal of said Corporation be thereto affixed. 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