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HomeMy WebLinkAboutOrdinance #0649-~- ~ ~ . °~w __ ~~ . ti • '~ ~~~~ .. ORDINANCE Annexing to the City of Canton and re-zoning certain property of Gary L. Roudebush, Janice L. Roudebush, Stuart Wheeler and Hazel Wheeler WHEREAS, it appears to the City Council of the City of Canton, ',,Illinois, that the territory hereinafter described is not within Ithe corporate limits of any municipality but is contiguous to the City of Canton, Illinois, and IT FURTHER APPEARING to said City Council that this property is located in an agricultural area which has been utilized for many years for agricultural purposes and should be annexed to the City ~I~of Canton in a zoning configuration of AG-1 and partially as a single-family residential zoning classification R-2, and IT FURTHER APPEARING to said City that the territory hereinafte ..described is owned by Gary L. Roudebush, Janice L. Roudebush, Stuart Wheeler and Hazel Wheeler and that all electors residing therein are the owners of record of said land and that all owners and electors have joined in the Petition to annex said property to tYie City as shown by the records of this Council, and IT FURTHER APPEARING to said City that the territory herein- after described is located within the Canton Community Fire Protection District and that due and proper notice has been given to the Canton Community Fire Protection District in accordance with pter 24, §7-1-1 of the I11. Rev. Stat. (1977), and IT FURTHER APPEARING to said City Council that the Planning nd Zoning Commission of the City of Canton held a public hearing n said annexation and re-zoning request on the 10th day of April, 978 and has recommended to this Council that the territory herein- fter described be annexed to the City of Canton in an R-2 Zoning onfiguration and an AG-1 Zoning Configuration and further that a -1- ~ ~ 1 .I~ .' special use permit be allowed in the AG-1 area pursuant to title 10, Chapter 3, ~3(C) to allow the use of a riding stable in the AG-1 area in accordance with the Municipal Code of the City of Canton, Illinois. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, ILLINOIS: Section 1. That the territory described in Exhibit A, a copy ~of which is attached hereto and made a part of this Ordinance by reference, be and the same is hereby annexed to the City of Canton, (Illinois. Section 2. That this property shall be annexed in a zoning configuration as follows: a. Approximately seven (7) acres, more or less designated as Lot 1 on a preliminary plat filed herewith in an AG-1 Zoning Configuration with a special use permit being granted pursuant to Title 10, Chapter 3, ~3(C) for the purpose of allowing the use in said AG area of a riding stable. b. That the remaining property described in Exhibit A shall Ibe zoned in an R-2 Zoning Configuration for single-family, (residential use. Section 3. That a certified copy of this Ordinance, together with an accurate map of the territory above described, shall be (recorded with the Recorder of Deeds, Fulton County, Illinois. Section 4. That this Ordinance shall be in effect from and lafter a majority vote of the City Council of the City of Canton, Illinois and approved by the Mayor thereof. PASSED by a majority vote of the City Council of the City of Canton, Illinois and approved by the Mayor thereof this:~~2t1 day of~~"~~ 1978 A. D. / _ ~, ~'` .~ ..- g~. APPROVED : ~L~.'-- Har an Crouch, Mayor ATTEST: ~" N cy Wh es, City Clerk -2- ~ 4 i w J a Part of the North half of the Northeast Quarter, Section 26, T.7 N.,,R.4 E., 4th P.M., Fulton County, Illinois being more particularly described as follows: Commencing at the Southwest corner of said North Half of the Northeast Quarter marked by an existing iron p3.n; thence N.0°52'38" E., 392.37 ft. along the west line of said Northeast Quarter to the ACTUAL POINT OF BEGINNING marked by an iron pin; t}ience continuing N.0°52'38" E., 290.45 ft. along s~~fd-west line; thence N.89°45'26"E., 548.75 ft. to an iron pin; thence South 292.74 ft. to an iron pin; thence West 553.19 ft. to the Point of Beginning containing 3.688 acres also being subject to the rights of the public for roadway purposes on the Lvest side of the aforesaid description. ALSO Part of the North Half of. the Northeast Quarter, Section 26, T.7 N., R.4 E., 4th P.M., Fulton County, Illinois being more particularly described as follows: Commencing at the Southwest corner of. said North Half of the Northeast Quarter marked by an iron pin; thence N.0° 52'38" E., 682.82 ft. along the west line of said Ilorth- east Quarter to the ACTUAL POINT OF BLGIPir]ING; thence continuing N.0°52'38" E., 7.00 ft. along said west line; thence N.89°45'26" E., 816.06 ft.; thence S.0°09'02" F., 7.00 ft. to an existing iron pin; thence S.89°45'26" t4., 816.19~ft. to the Point of Beginning containing 0.131 acres also being subject to the rights of the public for roadway purposes on the west side of the aforesaid descripti~ AL5O Lot One (1) of S. Wheeler's Revenue Plat ~1 EXCEPT Part of the North Half of thQ Nort}feast Quarter, Section 26, T7N, R4E, 4th P.M., Fulton County, Illinois, being more particul~:: described as follows: Commencing at the Southwest corner of said North half of the Northeast Quarter marked by an existing iron pin; t}ience N. 0°52'38" E., 392.37 ft. along the west line of said Northeast Quarter to the actual point of beginning mar}ced by an iron pin; thence continuing t7. 0°52'38" E., 290.45 ft. along said I~Test line; thence N. 89° 45'26" E., 548.75 ft. to an iron pin; thence South 292.74 ft. to an iron pin; thence West 553,19 ft. to the Point of Beginning containing 3.688 acres_also being subject to the rights of the public for roadway purposes on thQ west gide~ of the aforesaid description. EXHIBIT A d . ~ „ .':t' II . 1 . STATE OF ILLINOIS ) COUNTY OF FULTON ) SS. CITY OF CANTON ) PETITION FOR ANNEXATION AND RE-ZONING Comes now your Petitioners, GARY L. ROUDEBUSH, JANICE L. ROUDEBUSH, STUART WHEELER and HAZEL WHEELER, and petitions the City Council of the City of Canton, Illinois for annexation and re-zoning of the following described real estate and in support thereof states as follows: 1. That the real estate which your Petitioners desire to annex and re-zone is legally described on Exhibit A, a copy of which is attached hereto and made a part hereof by reference, sai~ premises being generally known as the 13 acres located at the Northeast corner of North 11th Avenue and East Myrtle Streets directly adjacent to the City of Canton. 2. That the parcel of property described in Exhibit A is contiguous to the City of Canton along the South boundary line thereof. 3. That the only electors which reside therein are your Petitioners, GARY L. ROUDEBUSH and JANICE L. ROUDEBUSH, and members of the family of GARY L. ROUDEBUSH. 4. That attached hereto and made a part hereof by reference as Exhibit B is a copy of_ the notice to the Trustees of the Canton Community Fire Protection District which was served on said Trustees by Gary E. Barnhart, attorney at law, certified U.S. mail, return receipt requested, on the 24th day of March, 1978. 5. That the territory sought to be annexed, as described in Exhibit A, is not within the corporate limits of any municipality. -1- II 6. That attached hereto and made a part hereof by reference as Exhibit C is a plat of the property to be annexed, together with a proposed pre-application preliminary subdivision plat for 15 single-family, residential lots. 7. That your Petitioners herein desire that the premises be annexed in an AG-1 Zoning Configuration and R-2 or R-1 Zoning Configuration as is required by the existing uses thereon in accordance with the municipal code of the City of Canton. Petitioners specifically request that the AG-1 Zoning Configuratic area be allowed a special use permit pursuant to Title 10, Chapter 3, ~3(C) to allow use of same as a riding stable. WHEREFORE, your Petitioners pray that the property described in Exhibit A may be annexed to the City in accordance with the provisions of the Illinois Revised Statutes in a Zoning Configurat of AG-1 and R-2 or R-1 as required by existing uses and your Petitioners further pray that a special use permit will be allowed pursuant to Title 10, Chapter 3, ~3(C) to allow the use of a riding stable in the AG-1 area. Via, `~ ~'~~~~~~~ Gary Roudebush ~~ ~--~ anice L. R debush tuart er ~~~~~~~~ Hazel Wheeler on -2- STATE OF ILLINOIS ) SS. COUNTY OF FULTON ) GARY L. ROUDEBUSH, JANICE L. ROUDEBUSH, STUART WHEELER and HAZEL WHEELER, being first duly sworn and upon their oath, depose and say that they have read the above and foregoing Petition for Annexation and Re-zoning by them subscribed and that the contents therein are true, accurate and correct to the best of their knowledge. 0~ ~~~~ ary Roudebush / '~ ~, ~ , t ;;. ,c ~ anice L. Ro debush Stuart Wheeler azel Wheeler SUBSCRIBED and S6dORN to before me this ~~ day of ~`~ 1978 A.D. Notary Public -3- ~ i t, i~ Part of the North Iiaif of the Northe 26, T.7 N., R.4 E,, 4th P.M. ast Quarter, Section being more particularly describedtas fa ~oYs.Illinols Corime1lcing at the Southwest corner of the Northeast Quarter n:arked b said North Half of thence N.0°52'3g" Y an existing iron 3 . said Portheast E'' 392.37 ft. along the west 1ine~of marked b Quarter to the ACTUAL POINT OF BEGINNING 290.45 ft.aalonon pin; thence continuing N.0°52'38" E, 548.75 ft. g said west line: thenc© N.89°45'26"E,,~ to an iron pin; thence South 292.74 ft. to an iron pin; thence 64est 553 containin 'lg ft• to the Point of Beginning of the g 3'088 acres also being subject to the rights the aforesaid description,purposes on the west aide of Part of the 2~*orth FIa1f ofsthe Northeast 26, T.7 N., R.4 E., 4th P.M. Quarter, Section more particularly described asFfollowsounty, Illinois-being Commencing at the Southwest corner of the :Jortheast Quarter ;narked b said North Half of 82'38" E., 682.82 ft. alon Y an iron pin; thence N,0° continuinter to the ACTUALgPOINTWOFtBEGINrIIlGsaid North- g N.0°52'38 E., 7.00 ft. along said~westn7cine; thence N.89°45'26" E., 816. 7.00 ft. to an existing iron6 in': thence S.Oo09'02" E., 8i6.19~ft. to the Point of Bepinningecontaining50?131ta~' acres also being subject to the rights of the public for roadway purposes on the west side of the aforesaid descripti Lot One 1 of S, ALSO t ~ Wheeler s Revenue Plat ~1 EXCEPT Part of the North Half of the Northeast Quarter, Section 26, T7N, R4E, 4th P.M., Fulton County, Illinois, being more particul~-~ described as follows: Commencing at the Southwest corner of said North Half of the Northeast Quarter marked by an existing iron pin; thence N. 0°52'38" E., 392.37 ft. along the west line of said Portheast Quarter to the actual of beginning marked by an iron pin; thence continuing Taint 0°52'38" E., 290.45 ft. along said t~~est line; thence N. 89° 45'26" E., 548.75 ft. to an iron pin; thence South 292.74 ft. to an iron pin; thence t~Iest 553,19 ft. to the Point of Beginning containing 3.688 acres_also being subject to the rights of the public for roadway purposes on the west side of the aforesaid description. ly EXHIBIT A '~ v' NOTICE T0: Trustees of Canton Community Fire Protection District Kenneth Owens Don Roberts Mark Rowley Route #4 R.R. #5 R.R. , N. 11th Ave . Canton, I11., 61520 Canton, Ill., 61520 Canton, I11., 61520 George Proctor, attorney 190 N. Adams Lewistown, I11., 61542 NOTICE is hereby given to each of you as follows: 1. That a petition to annex real property to the City of Canton, Illinois, has been or will be f~~iled with the City Clerk of said City for presentment to the Planning and Zoning Commission of the City of Canton and eventually the Mayor and City Council of said City. 2. That the realty involved is legally described as shown by the Notice of Public Hearing, a copy o which is attached hereto and made a part hereof by reference and said property owned by Gary L. Roudebush and Janice L. Roudebush and Stuart Wheeler anc Hazel Wheeler is understood to be located within and a part of the Canton Community Fire Protection District. 3. It is anticipated that the Planning and Zoning Conrnission will take action upon said annexation requested on the 10th day of April, 1978 A.D. at the hour of 7:00 o'clock p.m. at the Council Chambers, City Building, 210 East Chestnut, Canton, Illinois, .and that the Mayor and City Council will take action on said annexation requested at the regular meeting or meetings of th City Council which follows said Planning and Zoning Commission meeting on the first and third Tuesdays of each month. DATED this ~~-~~ day of rrs.~,r2.~ t'X- , 1978 A. D. GARY L. ROUDEBUSH and JANICE L. ROUDEBUSH and STUART WHEELER and HAZEL WHEELER By CLAUDON, LLOYD & BARNHART, LTD., the ~ attorneys,~~ .. . "e'-.~f •.therr attorneys F.XNTRTm L] +: .. •~ . STATE OF II,L~It10IS COUNTY OF FULTON j ) CITY OF CANTON ) SS. NOTICE OF PUBLIC BEARING -__._-~.r___. __ ~ . • . . PLEAS; TAKE P10TICE that on the 1Qth day of April, 19; at the hour of 7:00 o'clock p.m., a public hearing will be held before the Planning and Zoning Commission of the City of Canton, concerning the request of. Gary L. Roudebush and Janice L. Raudebu and Stuart Wheeler and Hazel Wheeler to annex certain real estate generally located East of North Eleventh Street and North of East I~iyrtle Street to the City of Canton in an R-1 and R-2 Zoning Configuration. The legal description of the real estate involved is as follows: Part of the North Half of the Northeast Quarter, Section 26, T.7 N., R.4 E., 4th P.M., Fulton County, Illinois being more particularly described as follows: Corunencing at the Southwest corner of said North Half of the Northeast Quarter narked by an existing iron pin; thence N.0°52'38" E., 392.37 ft. along the west line of said northeast Quarter to the ACTUAL POINT OF BEGINNING marked by an iron pin; thence continuing N.0°52'38" E., 290.45 ft. along said"-west line; thence N.89°45'26"E., 548.75 ft. to an iron pin; thence South 292.74 ft. to an iron pin; thence West 553.19 ft. to the Point of Beginning containing 3.688 acres also being subject to the rights of the public for roadway purposes on the LJest aide of the aforesaid description. ALS O Part of the North Half of the Northeast Quarter, Section 26, 7'.7 N., R.4 E., 4th P.M., Fulton County, Illinois being more particularly described as follows: Commencing at the Southwest corner of said North Half of the Northeast Quarter marked by an iron pin; thence N.0° 52'38" E., 682.82 ft. along the west line of said North- east Quarter to the ACTUAL POINT OF BEGINNING; thence continuing N.0°52'38" E., 7.00 ft. along said west line; thence N.89°45'26" E., $16.06 ft.; thence 5.0°09'02" E., 7.00 ft. to an existing iron ping thence 5.89°45'26" W., 816.19 ft. to the Point of Beginning containing 0.131 acres also being subject to the rights of the public for roadway purposes on the west side of the aforesaid descri~~ti ALSO Lot One (1) of S. Wheeler's Rr-:venue Plat ~l EXCEPT Part of the North I~ialf of the Northeast Quarter, Section 26, T7N, R4E, 4th P.M., Fulton County, Illinois, being more particula described as follows: Cor~~mencing at the Southwest corner of said North Half of the Northeast Quarter zrarked by an existing iron pin; thence N. 0°52'38" E., 392.37 ft. along the west line of said Portheast Quarter to the actual point of beginning marked by an iron pin; thence continuing 27. 0°52'38" E., 290.45 ft. along said t?est line; thence N. 89° 45'26" E., 548.75 ft. to an iron pin; thence South 292.74 ft. to an iron pin; thence t~:est 553,19 ft. to the Point of Beginning containing 3.683 acres also being subject to the rights of the public for roadway purposes on the west side o£ the aforesaid u~escription. ~h n. ly Ron Reith, Chairman Planning and Zoning Corrsnission