HomeMy WebLinkAboutOrdinance #4293 Prepared by:
Christopher J. Jump
Davis& Campbell L.L.C.
401 Main Street, Suite 1600
Peoria, Illinois 61602
After recording return to:
City of Canton
2 N. Main Street
Canton, Illinois 61520
ORDINANCE NO. 4293
AN ORDINANCE TO VACATE PORTIONS OF LIBERTY PLACE
WHEREAS, the portions 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, a City owned right-of-way, known as "Liberty Place" runs East/West adjacently
North of the following"Abutting Properties":
Abutting Property A
Owner: Marilyn K. Anderson
Property Address: 120 North 3`d Avenue, Canton, IL 61520
PIN: (Part of) 09-08-27-431-006
Legal Description set forth in"Exhibit A"
Abutting Property B
Owner: Church of the Brethern
Property Address: 275 E. Chestnut Street, Canton, IL 61520
PIN: (Part of) 09-08-27=431-006
Legal Description set forth in "Exhibit A"
Abutting Property C
Owner:Corrina Weaver
Property Address: 251 E. Chestnut St., Canton, IL 61520
PIN: 09-08-27-431-005
Legal Description set forth in "Exhibit A"
Abutting Property D
Owner:Timothy D. and Lisa A. Atchley
Property Address: 243 E. Chestnut St., Canton, IL 61520
PIN: 09-08-27-431-004
Legal Description set forth in"Exhibit A"
Abutting Property E
Owner:Ralph P. Sedgwick, not individually but as trustee of the Ralph P. Sedgwick
Trust, dated January 27, 2012
Property Address: 209 E. Chestnut St. Canton, IL 61520
PIN: 09-08-27-431-007
Legal Description set forth in"Exhibit A"
WHEREAS, in the opinion of the City Council of the City of Canton, the public interest will
be served by vacating the portions said rights of way as hereinafter described and shown on "Exhibit
B" and described there in as Parcels A-E.
NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON:
Section 1. Portions of Liberty Place (the "Vacated Area"), legally described and shown
on the vacation plat attached as"Exhibit B,"hereby incorporated herein,are hereby vacated and closed,
with the exception of reservations contained in Section 2 hereof. Said portions of the right of way are
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:
DESCRIPTION-OF PARCEL "A",
BEING A PART OF LIBERTY PLACE TO BE VACATED
A part of Liberty Place, lying between Blocks 1 and 3 in,Gould's Addition to the City of
Canton, Fulton County, Illinois, more particularly described as follows:
Beginning at an iron rod set at the northeast of Lot 8 in said Block 1 of Gould's Addition;
thence South 89 degrees 07 minutes 32 seconds West (Bearings refer to the Illinois
Coordinate System, West Zone, NAD 1983), a distance of 74.95 feet along the north line
of said Lot 8 to a Mag Nail set; thence North 00 degrees 30 minutes 14 seconds East, a
distance of 8.00 feet; thence North 89 degrees 07 minutes 32 seconds East, a distance of
74.90 feet to the west line of North Third Avenue; thence South 00 degrees 05 minutes 14
seconds West, a distance of 8.00 feet along said west line to the point of beginning,
containing 0.014 acres more or less.
DESCRIPTION OF PARCEL `B",
BEING A PART OF LIBERTY PLACE TO BE VACATED
A part of Liberty Place, lying between Blocks 1 and 3 in Gould's Addition to the City of
Canton, Fulton County, Illinois, more particularly described as follows:
Commencing at an iron rod set at the northeast of Lot 8 in said Block 1 of Gould's Addition;
thence South 89 degrees 07 minutes 32 seconds West (Bearings refer to the Illinois
Coordinate System, West Zone, NAD 1983), a distance of 74.95 feet along the north line
of said Lot 8 to a Mag Nail set and the Point of Beginning of the parcel to be described:
From said Point of Beginning; thence South 89 degrees 07 minutes 32 seconds West, a
distance of 47.18 feet to the northwest corner of Lot 9 in said Block 1; thence North 00
degrees 07 minutes 01 seconds West, a distance of 8.00 feet on the extension of the west
line of said Lot 9; thence North 89 degrees 07 minutes 32 seconds East,a distance of 47.27
feet; thence South 00 degrees 30 minutes 14 seconds West, a distance of 8.00 feet to the
point of beginning, containing 0.009 acres more or less.
DESCRIPTION OF PARCEL "C",
BEING A PART OF LIBERTY PLACE TO BE VACATED
A part of Liberty Place, lying between Blocks 1 and 3 in Gould's Addition to the City of
Canton, Fulton County, Illinois, more particularly described as follows:
Beginning at the northeast corner of Lot 10 in said Block 1; thence South 89 degrees 07
minutes 32 seconds West (Bearings refer to the Illinois Coordinate System, West Zone,
NAD 1983), a distance of 59.07 feet to the northwest corner of said Lot 10; thence North
00 degrees 10 minutes 57 seconds West,a distance of 8.00 feet on the extension of the west
line of said Lot 10; thence North 89 degrees 07 minutes 32 seconds East, a distance of
59.07 feet to the extension of the east line of said Lot 10; thence South 00 degrees 07
minutes 01 seconds East, a distance of 8.00 feet to the point of beginning,containing 0.011
acres more or less.
DESCRIPTION OF PARCEL "D"
BEING A PART OF LIBERTY PLACE TO BE VACATED
A part of Liberty Place, lying between Blocks 1 and 3 in Gould's Addition to the City of
Canton, Fulton County, Illinois, more particularly described as follows:
Beginning at the northeast corner of Lot 11 in said Block 1; thence South 89 degrees 07
minutes 32 seconds West, a distance of 59.91 feet to the northwest corner of said Lot 11;
thence North 00 degrees 14 minutes 01 seconds West, a distance of 8.00 feet on the
extension of the west line of said Lot 11; thence North 89 degrees 07 minutes 32 seconds
East, a distance of 59.91 feet to the extension of the east line of said Lot 11; thence South
00 degrees 10 minutes 57 seconds East, a distance of 8.00 feet to the point of beginning,
containing 0.011 acres more or less.
DESCRIPTION OF PARCEL "E",
BEING A PART OF LIBERTY PLACE TO BE VACATED
A part of Liberty Place, lying between Blocks 1 and 3 in Gould's Addition to the City of
Canton, Fulton County, Illinois, more particularly described as follows:
Beginning at an iron rod found at the northwest corner of Lot 14 in said Block 1; thence
North 00 degrees 17 minutes 21 seconds East (Bearings refer to the Illinois Coordinate
System,West Zone,NAD 1983),a distance of 8.00 feet along the east line of North Second
Avenue;
thence North 89 degrees 07 minutes 32 seconds East, a distance of 177.24 feet to the
extension of the west line of Lot 12 in said Block 1; thence South 00 degrees 14 minutes
O1 seconds East, a distance of 8.00 feet to the northeast corner of said Lot 12;thence South
89 degrees 07 minutes 32 seconds West, a distance of 177.32 feet along the north lines of
Lots 12, 13 and 14 in said Block 1 to the point of beginning, containing 0.033 acres 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 are not required to pay any compensation to the City
of Canton in relation to the Vacated Area for the fair market value of the property acquired or of the
benefits that will accrue to them due by reason of the vacation. The City of Canton will pay for all
recording fees with the Land Records of Fulton County, Illinois in relation to the recording of this
Ordinance and/or the attached plat.
Section 4. Upon the recording of this Ordinance in the Land Records of Fulton County,
Illinois, the owners of the Abutting Properties shall be deemed to have acquired title to the portions of
the Vacated Area, subject to Section 2, directly abutting their property, as shown on Exhibit B.For the
avoidance of doubt, the adjacent landowners shall take ownership of the above-described Parcels
(described in Section 1) as follows:
The owner(s) of Abutting Property A shall be deemed to have acquired title, subject to Section
2, to Parcel A.
The owner(s)of Abutting Property B shall be deemed to have acquired title, subject to Section
2, to Parcel B.
The owner(s)of Abutting Property C shall be deemed to have acquired title, subject to Section
2,to Parcel C.
The owner of Abutting Property D shall be deemed to have acquired title, subject to Section 2,
to Parcel D.
The owner of Abutting Property E shall be deemed to have acquired title, subject to Section 2,
to Parcel E.
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 7 day of June, 2022.
Ayes: Alderperson Justin Nelson, Craig West, Angela Hale, Jeff Fritz, Angela Lingenfelter,
Greg Gossett
Nays: None
Absent:Alderperson Andra Chamberlin, John Lovell
APPROVED:
V I
Ok,
Kent cDowell, ayor
ATT ST:
Diana Pavley-Rock, y er
EXHIBIT A
Legal Descriptions of Abutting Properties
Abutting Property A
A part of Lots 8 and 9 in Block 1 of Gould's Addition to the City of Canton,Fulton
County, Illinois, more particularly described as follows:
Beginning at the northeast comer of said Lot 8; thence South 00 degrees 01 minutes
34 seconds East (Bearings refer to the Illinois Coordinate System, West Zone, NAD
1983),a distance of 62.97 feet along the east line of said Lot 8 to an iron rod set on the
north side of an existing concrete surface; thence along the northerly and easterly sides
of said existing concrete surface for the following courses bearing North 88 degrees
51 minutes 10 seconds West, a distance of 52.31 feet to an iron rod set; thence North
61 degrees 04 minutes 46 seconds West, a distance of 16.62 feet to an iron rod set;
thence North 26 degrees 51 minutes 01 seconds West, a distance of 7.38 feet to an iron
rod set; thence North 00 degrees 14 minutes 45 seconds East, a distance of 24.48 feet to
an iron rod set; thence leaving said easterly side of an existing concrete surface bearing
North 89 degrees 03 minutes 22 seconds West, a distance of 5.09 feet to a mag nail set
in said concrete surface; thence North 00 degrees 30 minutes 14 seconds East, a
distance of 21.58 feet to a mag nail set in said concrete surface on the north line of said
Lot 9; thence North 89 degrees 07 minutes 32 seconds East, a distance of 74.95 feet
along the north line of said Lots 9 and 8 to the point of beginning, containing 0.100
acres more or less;
Abutting Properly
Lots numbered six(6), seven(7),eight(8)and nine(9)in Block number one(1)in Gould's
Addition to the City of Canton, situated in the County of Fulton and State of Illinois.
EXCEPTING THEREFROM:
A part of Lots 8 and 9 in Block 1 of Gould's Addition to the City of Canton,Fulton
County, Illinois, more particularly described as follows:
Beginning at the northeast comer of said Lot 8; thence South 00 degrees 01 minutes
34 seconds East (Bearings refer to the Illinois Coordinate System, West Zone, NAD
1983),a distance of 62.97 feet along the east line of said Lot 8 to an iron rod set on the
north side of an existing concrete surface; thence along the northerly and easterly sides
of said existing concrete surface for the following courses bearing North 88 degrees
51 minutes 10 seconds West, a distance of 52.31 feet to an iron rod set; thence North
61 degrees 04 minutes 46 seconds West, a distance of 16.62 feet to an iron rod set;
thence North 26 degrees 51 minutes 01 seconds West, a distance of 7.38 feet to an iron
rod set; thence North 00 degrees 14 minutes 45 seconds East, a distance of 24.48 feet to
an iron rod set; thence leaving said easterly side of an existing concrete surface bearing
North 89 degrees 03 minutes 22 seconds West, a distance of 5.09 feet to a mag nail set
in said concrete surface; thence North 00 degrees 30 minutes 14 seconds East, a
distance of 21.58 feet to a mag nail set in said concrete surface on the north line of said
Lot 9; thence North 89 degrees 07 minutes 32 seconds East, a distance of 74.95 feet
along the north line of said Lots 9 and 8 to the point of beginning, containing 0.100
acres more or less;
Abutting Propert C
Lots Numbered Five (5) and Ten (10) in Block Number One (1), Gould's Addition to the
Town, now City of Canton, Fulton County, Illinois.
Abutting Property D
Lot 4 and Lot 11, in Block 1, in George W. Gould's Addition to the City of Canton,
County of Fulton and State of Illinois.
Abutting Property E
Lots Numbered 1, 2, 3, 12, 13, and 14 in Block 1 in Gould's Addition to the City of
Canton, County of Fulton, and State of Illinois.
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