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HomeMy WebLinkAboutOrdinance #4270 ORDINANCE #4270 AN ORDINANCE TO VACATE A PORTION OF NORTH AVENUE E ROAD ADOPTED BY THE CITY COUNCIL OF THE CITY OF CANTON ILLINOIS: JANUARY 18, 2022 PUBLISHED BY THE CITY CLERK PURSUANT TO THE AUTHORITY OF THE CITY COUNCIL OF THE CITY OF CANTON: JANUARY 18, 2022 STATE OF ILLINOIS ) ) SS. COUNTY OF FULTON ) CERTIFICATE I, Diana Pavley-Rock, certify that I am the duly elected City Clerk of the CITY OF CANTON, FULTON COUNTY, ILLINOIS. further certify that on January 18, 2022 , the City Council of such municipality passed and approved Ordinance #4270 entitled: AN ORDINANCE TO VACATE A PORTION OF NORTH AVENUE E ROAD The ordinance attached is a true and correct copy of the ordinance adopted by Canton City Council. DATED AT CANTON, ILLINOIS, TH 18 D OF JANUARY 2022 Dia a Pav ey-Rock, ity Clerk Seal City of Canton, Illinois Prepared by: Christopher J. Jump Davis & Campbell L.L.C. 401 Main Street, Suite 1600 Peoria, Illinois 61602 - After recording return to: - i City of Canton 2 N. Main Street Canton, Illinois 61520 ORDINANCE NO. 4270 AN ORDINACE TO VACATE A PORTION OF NORTH AVENUE E ROAD WHEREAS, the portion of the rights of way more particularly hereinafter described are no longer of value to the public; and WHEREAS, the City of Canton (the "City") will be relieved from further burden and responsibility of maintaining the below-described Vacated Area by vacating the portion of the rights of way more particularly hereinafter described; . WHEREAS,Phillip J.and Vicki S. Grzanich(the"Grzanich Family")own property to the East of the below-described Vacated Area and Ira W. Ludlum, Jr. and Connie J. Ludlum (the "Ludlum Family") own property to the West of the below-described Vacated area (collectively the "Abutting Landowners"), WHEREAS, in the opinion of the City Council of the City of Canton, the public interest will be served by vacating said rights of way as hereinafter described and shown on"Exhibit A." NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON: Section 1. A portion of North Avenue E Road(the"Vacated Area"), legally described and shown on the vacation plat attached as"Exhibit A,"hereby incorporated herein, is hereby vacated and closed,with the exception of reservations contained in Section 2 hereof. Said right of way is no longer required for public use,and the public interest will be served by such vacation as is hereinafter provided for. The legal description of the Vacated Area is as follows: Part of Fairview Heights Addition to the City of Canton, Fulton County, Illinois, more particularly described as follows: Beginning at the southwest corner of Lot 1 of Block 9,thence South 89'23'12" West along the south line of said Fairview Heights Addition 50.01 feet to the southeast corner of Lot 10 in Block 16; thence North 0°31'46" East along the east line of said Lot 10 a distance of 162.63 feet to the northeast corner of said Lot 10; thence North 89°19'54" East 50.01 feet to the northwest corner of said Lot 1; thence South 0°31'46" West 162.67 feet to the Point of Beginning. The above described Tract contains 8132 square feet, more or less. Section 2. The City of Canton hereby reserves unto all public utility companies presently operating in, upon, over and under said rights of way (if any), all rights and privileges heretofore granted to the City or by City ordinances, including but not limited to, rights under franchises and agreements, which said rights and privileges shall continue in full force and effect the same as if this Ordinance otherwise vacating said rights of way had not been adopted and passed; such rights and privileges with respect to the City of Canton said public utility companies are to remain in effect until, and to terminate upon, the abandonment or release of such use or the relocation of such use outside the public rights of way herein vacated. It is further provided that no building or other structures shall be erected on the said rights of way herein set forth, or other said reservations be made of such area which would interfere with use, maintenance, renewal or reconstruction of the facilities of said public utilities (if any). The City of Canton further reserves the right to the City the rights of ingress and egress upon, over, and under the Vacated Area for the purpose of maintaining, installing, renewing, or reconstructing any public utilities, including but not limited to water and sewer, located in the Vacated Area, if any. Section 3. The Abutting Landowners shall be responsible for the costs of all vacation plats, necessary surveys, and other costs to accomplish the foregoing. The Abutting Landowners (the Grzanich Family and the Ludlum Family)shall each pay the City$10.00 consideration for the Vacated Area to the City of Canton within fourteen (14) days of the passage of this Ordinance. Section 4. The Grzanich Family is understood to currently own the following property, located adjacently East of the Vacated Area: Lots Numbered 1, 2, 3, 4, 5, 6, 7, 8, and 9 in Block Nine (9) in Fairview Heights Addition to the City of Canton, situated in the City of Canton, County of Fulton, State of Illinois. EXCEPTING THEREFROM Part of Lots 5, 6, 7, 8, and 9 in Block 9 in Fairview Heights Addition to the City of Canton in the Northwest Quarter of Section 27, Township 7 North, Range 4 East of the Fourth Principal Meridian, Fulton County, Illinois, said Fairview Heights Addition recorded September 13, 1911, in Plat Book 2 at Page 65, as Document No. 178808, more particularly described as follows: Commencing at the southeast corner of said Block 9 in Fairview Heights Addition, said southeast corner also being the Point of Beginning; From the Point of Beginning,thence South 89°-18'-55"West(bearings assumed for description purposes only) along the south line of said Block 9, said south line also being the south line of the Northwest Quarter of said Section 27, a distance of 230.46 feet to a point 22.56 feet west of the southeast comer of said Lot 5; thence North 61°-38'-19" East 71.02 feet; thence northeasterly along a curve to the left an arc distance of 62.35 feet, said curve having a radius of 390.00 feet and a chord bearing North 57°-03'-32" East 62.28 feet; thence North 52°-28'- 45" East 94.72 feet;,thence northeasterly along a curve to the left an arc distance of 27.11 feet, said curve having a radius of 90.00 feet and a chord bearing North 43°-51'-02"East 27.00 feet; thence along a non-tangent line North 0°-41'-05" West 20.66 feet to a point on the south right of way line of Cass Place as shown on said Fairview Heights Addition; thence North 89°-18'- 52" East 23.48 feet along said south right of way line to the northeast corner of said Block 9; thence South 0°-29'-21" West along the east line of said Block 9 a distance of 162.96 feet to the Point of Beginning. Said Right of Way Parcel contains 0.386 acres, more or less, or 16,819 square feet, more or less. PIN: 09-08-27-114-002 The Ludlum Family is understood to currently own the following property, located adjacently West of the Vacated Area: Lots 8, 9, and 10 in Block 16 in FAIRVIEW HEIGHTS ADDITION to Canton, situated in Fulton County, Illinois. PIN: 09-08-27-113-003 Section 4. Upon compliance with the terms and conditions of this Ordinance,the Abutting Landowners shall be deemed to have acquired title to the Vacated Area, subject to Section 2, in equal proportions from their respective parcel to the centerline of the Vacated Area, as shown on Exhibit A. Section 5. This Ordinance shall take effect and be enforced from and after its passage and approval, subject, however,to the conditions of Section 2 and Section 3 hereof. Adopted by the City Council of the City of Canton, Illinois this 18 day of January, 2022. Ayes: Alder-person Greg Gossett, Angela Lingenfelter, Jeff Fritz, Craig West, John Lovell, Justin Nelson, Andra Chamberlin Nays: None Absent: Alderperson Angela Hale APPROVED: Kent Mc owe , Mayor ATT ST: Diana avley- ock, City Mer W. ouvE sr. ROADWAY VACATION PLAT J I LEGAL DESCRIPTION — E.. IPART OF N. A NUE F ROAD TO RE VACATED Part of I I I I of Canton,ayrview Fulton County. Ilhts lllinion ois.to s City moreg particularly described as follows. .Eq 14 I I I I I ® I © ® Beginning of the southwest corner of Lot 1 of Block 9, thence South 89'23'12"West along the south line of said Fairview Heights y Addition 50.01 feet to the southeast corner NOTE: I I I I of Lot 10 in Block 16; thence North 0'31'46' THE EAST HALF OF VACATED N.AVENUE E IS INTENDED TO BE TRANSFERRED East along the east line of said Lot 10 a TO THE EAST ADJOINING PROPERTY(CURRENT PIN 09-08-27-114-002), I I distance of 162.63 feet to the northeast )�1 nce North TOWEST HALF OF THE WEST ADJOINING PROPERTY (CURRENT TED N.AVENUE E ISIPPIIN 09 08027E 11TR—05NDD 3. I I I I I 89,19'54" East 50.0coneof said Lot11 �fe to to the northwestcorn --'�r—I— •�— --� —I— �-- "{— I I �\ West 162.67r of lfeet tto� theePo Point of nce South Beginning.'(\0' The above described Tract contains 8132 ! ) r O�` I I I I square feet, more or less. j LL I I I I BLOCKI 15 I I I w t o PO I BLOCKI 10 I I I a a 0 60' 120' Z el ° I ° I ° I ° I ° ° I 3 ° I ° I ° I I ° _ a W< GRAPHIC _> SCALE: 1 INCH 60 FEET U >3 Z I o ` I I I BEARINGS BASED ON ISPCS NAD83, WEST ZONE 3 cc 0_1 r uj � r II I I I I (SO') R.O.W. I I I I LEGEND aSURVEY ug WENT FOUND cc O 5/8'DIA RON ROD SEr 3 — ROADWAY VACATION BOUNDARY $ — ORIGINAL LOT UNE s N 89'19'54" E 50.01' LASS PLACE -- — RIGHT OF WAY UNE(50'J ( ) RECORD OR PRIOR SURVEY DATA I CDMMON OWNERSHR TIE NOT To SCALE(50') (50(50•)(50) (50,) State of Illinois� ssCounty of Peoria) I BLOCKI 16 I DL OCK We, Maurer—Stutz, Inc ., Illinois Professional Design Firm ni Oo tO �I/ °r° Number 184-005754, do hereby state that we have surveyed Ix 3 I 09—OB-27-113-003 / 09-08-27-114-002 part of Foirview Heights Addition to the City of Canton, V Illinois, being a part of the Northwest Ouarter of Section 27, U. OS I © I 7O I Q I 9O I 110 W'/��f/j/; 3 l� �2 Q Q Township 7 North, Range 4 East of the Fourth Principle O Meridian, Fulton County, Illinois, and that in our opinion the ,.x attached plat is a true and correct representation of said k8,survey= NDated at Peoria,Illinois,this, ,doy ofl�•Elie 1L. 2021. S. LINE FAIRVIEW HEIGHTS ADDITION // /i ,Maurer—Stutz, Inc. `4%'� FiOd L (50') _(50') I (5L (5� (50') /25%12 (50) (50) 1 (50� 1 HT'VBJ— FOL'Hra8esS 89 23'12" W — 989.81' (989.98) N. AVENUE E POINT OF BEGINNING (SW COR. LOT 1) =*`FD. IRON ROD AREA TO BE VACATED S 89'23'12" W 50.01' By: %g;`••fOR%,;; �a` W 1/4 COR. 8132 SQ. FT. (50') [even P. Ford ".�OF1tY,�o`P� SEC. 27-7-4Illinois Professional Land Surveyor#365J""""""""�� 1 (SEE 'NOTE" ABOVE) License expires November 30, 2022 x J ORDINANCE #4270 AN ORDINANCE TO VACATE A PORTION OF NORTH AVENUE E ROAD ADOPTED BY THE CITY COUNCIL OF THE CITY OF CANTON ILLINOIS: JANUARY 18, 2022 PUBLISHED BY THE CITY CLERK PURSUANT TO THE AUTHORITY OF THE CITY COUNCIL OF THE CITY OF CANTON: JANUARY 18, 2022 STATE OF ILLINOIS ) ) SS. COUNTY OF FULTON ) CERTIFICATE I, Diana Pavley-Rock, certify that I am the duly elected City Clerk of the CITY OF CANTON, FULTON COUNTY, ILLINOIS. I further certify that on January 18, 2022 , the City Council of such municipality passed and approved Ordinance #4270 entitled: AN ORDINANCE TO VACATE A PORTION OF NORTH AVENUE E ROAD The ordinance attached is a true and correct copy of the ordinance adopted by Canton City Council. DATED AT CANTON, ILLINOIS, TH 18 D OF JANUARY 2022 Dia- a Pa v ey-Rock, , ity Clerk Seal City of Canton, Illinois Tx:4G1881 Prepared by: 2200!'-56 Christopher J. Jump PATRICK O'6RIAN COUNTY CLERK u RECORDER Davis & Campbell L.L.C. FULTON COUNT", IL 401 Main Street, Suite 1600 Peoria, Illinois 61602 RECORDED ON 02/0812022 09843 AM RECORDING FEE 67.00 After recording return to: PAGES: 5 City of Canton 2 N. Main Street Canton, Illinois 61520 ORDINANCE NO. 4270 AN ORDINACE TO VACATE A PORTION OF NORTH AVENUE E ROAD WHEREAS, the portion of the rights of way more particularly hereinafter described are no longer of value to the public; and WHEREAS, the City of Canton (the "City") will be relieved from further burden and responsibility of maintaining the below-described Vacated Area by vacating the portion of the rights of way more particularly hereinafter described; . WHEREAS,Phillip J.and Vicki S. Grzanich(the"Grzanich Family")own property to the East of the below-described Vacated Area and Ira W. Ludlum, Jr. and Connie J. Ludlum (the "Ludlum Family") own property to the West of the below-described Vacated area (collectively the "Abutting Landowners"), WHEREAS, in the opinion of the City Council of the City of Canton, the public interest will be served by vacating said rights of way as hereinafter described and shown on"Exhibit A." NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON: Section 1. A portion of North Avenue E Road(the"Vacated Area"), legally described and shown on the vacation plat attached as"Exhibit A,"hereby incorporated herein, is hereby vacated and closed,with the exception of reservations contained in Section 2 hereof. Said right of way is no longer required for public use,and the public interest will be served by such vacation as is hereinafter provided for. The legal description of the Vacated Area is as follows: Part of Fairview Heights Addition to the City of Canton, Fulton County, Illinois, more particularly described as follows: Beginning at the southwest corner of Lot 1 of Block 9,thence South 89°23'12" West along the south line of said Fairview Heights Addition 50.01 feet to the southeast corner of Lot 10 in Block 16; thence North 0°31'46" East along the east line of said Lot 10 a distance of 162.63 feet to the northeast corner of said Lot 10; thence North 89°19'54" East 50.01 feet to the northwest corner of said Lot 1; thence South 0°31'46" West 162.67 feet to the Point of Beginning. The above described Tract contains 8132 square feet, more or less. Section 2. The City of Canton hereby reserves unto all public utility companies presently operating in, upon, over and under said rights of way (if any), all rights and privileges heretofore granted to the City or by City ordinances, including but not limited to, rights under franchises and agreements, which said rights and privileges shall continue in full force and effect the same as if this Ordinance otherwise vacating said rights of way had not been adopted and passed; such rights and privileges with respect to the City of Canton said public utility companies are to remain in effect until, and to terminate upon, the abandonment or release of such use or the relocation of such use outside the public rights of way herein vacated. It is further provided that no building or other structures shall be erected on the said rights of way herein set forth, or other said reservations be made of such area which would interfere with use, maintenance, renewal or reconstruction of the facilities of said public utilities (if any). The City of Canton further reserves the right to the City the rights of ingress and egress upon, over, and under the Vacated Area for the purpose of maintaining, installing, renewing, or reconstructing any public utilities, including but not limited to water and sewer, located in the Vacated Area, if any. Section 3. The Abutting Landowners shall be responsible for the costs of all vacation plats, necessary surveys, and other costs to accomplish the foregoing. The Abutting Landowners (the Grzanich Family and the Ludlum Family)shall each pay the City$10.00 consideration for the Vacated Area to the City of Canton within fourteen (14) days of the passage of this Ordinance. Section 4. The Grzanich Family is understood to currently own the following property, located adjacently East of the Vacated Area: Lots Numbered 1, 2, 3, 4, 5, 6, 7, 8, and 9 in Block Nine (9) in Fairview Heights Addition to the City of Canton, situated in the City of Canton, County of Fulton, State of Illinois. EXCEPTING THEREFROM Part of Lots 5, 6, 7, 8, and 9 in Block 9 in Fairview Heights Addition to the City of Canton in the Northwest Quarter of Section 27, Township 7 North, Range 4 East of the Fourth Principal Meridian, Fulton County, Illinois, said Fairview Heights Addition recorded September 13, 1911, in Plat Book 2 at Page 65, as Document No. 178808, more particularly described as follows: Commencing at the southeast corner of said Block 9 in Fairview Heights Addition, said southeast corner also being the Point of Beginning; From the Point of Beginning,thence South 89°-18'-55"West(bearings assumed for description purposes only) along the south line of said Block 9, said south line also being the south line of the Northwest Quarter of said Section 27, a distance of 230.46 feet to a point 22.56 feet west of the southeast comer of said Lot 5; thence North 61°-38'-19" East 71.02 feet; thence northeasterly along a curve to the left an arc distance of 62.35 feet, said curve having a radius of 390.00 feet and a chord bearing North 57°-03'-32" East 62.28 feet; thence North 52°-28'- 45" East 94.72 feet; thence northeasterly along a curve to the left an arc distance of 27.11 feet, said curve having a radius of 90.00 feet and a chord bearing North 43°-5 P-02"East 27.00 feet; thence along a non-tangent line North 0°-41'-05" West 20.66 feet to a point on the south right of way line of Cass Place as shown on said Fairview Heights Addition; thence North 89°-18'- 52" East 23.48 feet along said south right of way line to the northeast corner of said Block 9; thence South 0°-29'-21" West along the east line of said Block 9 a distance of 162.96 feet to the Point of Beginning. Said Right of Way Parcel contains 0.386 acres, more or less, or 16,819 square feet, more or less. PIN: 09-08-27-114-002 The Ludlum Family is understood to currently own the following property, located adjacently West of the Vacated Area: Lots 8, 9, and 10 in Block 16 in FAIRVIEW HEIGHTS ADDITION to Canton, situated in Fulton County, Illinois. PIN: 09-08-27-113-003 Section 4. -Upon compliance with the terms and conditions of this Ordinance,the Abutting Landowners shall be deemed to have acquired title to the Vacated Area, subject to Section 2, in equal proportions from their respective parcel to the centerline of the Vacated Area, as shown on Exhibit A. Section 5. This Ordinance shall take effect and be enforced from and after its passage and approval, subject, however, to the conditions of Section 2 and Section 3 hereof. Adopted by the City Council of the City of Canton, Illinois this 18 day of January, 2022. Ayes: Alderperson Greg Gossett, Angela Lingenfelter, Jeff Fritz, Craig West, John Lovell, Justin Nelson,Andra Chamberlin Nays: None Absent: Alderperson Angela Hale APPROVED: k Kent Mc owe , Mayor ATTST: (1,Diana Apavley- ock, City er f t W. OLIVE ST. ROADWAY VACATION PLAT -- ---� I I I I I I I I I LEGAL DESCRIPTION PART OF N. AVENUE F ROAD TO BE VACATED 1 I 1 I I I I I I I Part of Fairview Heights Addition to the City =°< of Canton, Fulton County, Illinois, more 1i particularly described ae follows: ® I ® I © I © I © I I I I Beginning at the southwest '23'12 of Lot 1 South of Block 9, thence South 89'23'12"West �� I along the south line of said Fairview Heights SCsE e Addition 50.01 feet to the southeast corner a;'41 NOTE: I I 1 of Lot 10 in Block 16; thence North 0'31'46" 1 THE EAST HALF OF VACATED N. AVENUE E IS INTENDED TO BE TRANSFERRED I I I I� East along the east line of said lot 10 o tf TO THE EAST ADJOINING PROPERTY(CURRENT PIN 09-08-27-114-002), distance of 162.63 feet to the northeast THE WEST HALF OF VACATED N.AVENUE E IS INTENDED TO BE TRANSFERRED comer of said Lot 10: thence North TO THE WEST ADJOINING PROPERTY(CURRENT PIN 09-08-27-113-003. I I 89'19'54" East 50.01 feet to the northwest costar of said Lot 1; thence South ginning. =° ;-. West 162.67 feet to the Point of Beginning. r ^ I\�\O` I I I The above described Tract contains 8132 ! Y s uare feet, more or less. n j 4 l I 1 I BLOCKI 15 I I I L., I r, POI BLOCKI 10 1 I I 3 a W I I O I O I O I O I O I tZ=at 13 O I O i O i i O = 0 60' 120' Q0 Lu Z a Z GRAPHIC SCALE. 1 INCH 60 FEET Q a o N kcci BEARINGS BASED ON ISPCS NA083.WEST ZONE— — — — — (50') R.O.W. -- — — LEGENDcc I" `II_ • SURVEY MONUMENT FOUND OS/B'DIA RDN ROD SET ROADWAY VACATION BOUNDARY DMGINV.LOT UNECASS PLACE -- RIWIi OF WAY UNEN 89'19'54" E ^� 50.01' ( ) RECORD OR PRIOR SURVEY DATA � �r (5D') 1 COMMON OWNERSHIPTIE (50') _ (50') I (5D') (50') (50') 125'r/�5 (50') (50� (50') I I NOT TO scuE State of Illinois )SS 1 County of Peoria) z I BLOCKI 16 I 1 BL OCKI 9 1 1 We, Maurer—Stutz,Inc.,Illinois Professional Design Firm � rof ' Number 184-005754, do hereby state that we have surveyed 09-08-27-113-003 09-08-27-114-002 Q I I I part of Fairview Heights Addition to the City of Canton, U Illinois, being a part of the Northwest Ouarter of Section 27, U. e I O I © I O I ® I Og i w fI;✓// O1 1 O2 I O3 I I Q Township 7 North,Range 4 East of the Fourth Principle O Meridian, Fulton County, Illinois, and that in our opinion the attached plat is a true end correct representation of said v survey. b �I Dated at I _ I Peoria, Illinois, lhis�day of .�y••.�, 2021. 02'1, ADDITION SUNE Maurer—Stutz, Inc.i r•L VEN (50 (50' I (55 �) 1 // (50 (50I (50')/ 25;�� roRo,ea°aae5 .e.aeoena s y M196S .° e oe uco.eer xox, POINT OF BEGINNING SW COR. LOT 1 S 89'23'12" W 989.81' 989.98' N. AVENUE E ( ) FD. IRON ROD AREA TO BE VACATED S 89'23'12" W 50.01' .,��o" `�`` °' e r W 1/4 COR. 8132 SQ. FT. (50') Leven P. Ford .rr of SEC. 27-7-4 Illinois Professional Land Surveyor 63653 H (SEE -NOTE"ABOVE) License expires November 30, 2022 ,