HomeMy WebLinkAboutOrdinance #4372 CERTIFICATE
THE UNDERSIGNED CERTIFIES THAT SHE IS THE CITY CLERK FOR THE CITY
OF CANTON, ILLINOIS, AND THAT THE CITY COUNCIL AT A REGULARLY
CONSTITUTED MEETING OF SAID CITY COUNCIL OF THE CITY OF CANTON ON THE
17TH DAY OF OCTOBER,2023 ADOPTED ORDINANCE NO.4372 A TRUE AND CORRECT
COPY OF WHICH IS CONTAINED IN THIS PAMPHLET.
GIVEN UNDER MY HAND AND SEAL THIS 17TH DAY OF OCTOBER, 2023.
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•.1 PREA SMITH-WALTERS
ITY CLERK
ORDINANCE NO. 4372
AN ORDINANCE GRANTING AN EASEMENT
TO AMEREN ILLINOIS OVER MUNICIPAL PROPERTY
WHEREAS,the City of Canton, Fulton County, Illinois ("City"), is a non-home rule unit
of government;
WHEREAS, pursuant to the Illinois Municipal Code, the corporate authorities may
regulate the use of streets and other municipal property (65 ILCS 5/11-80-2);
WHEREAS, the City currently owns real estate within its corporate boundaries and
identified by Parcel Identification Number 10-09-30-100-020 (the"Underlying Parcel");
WHEREAS,the Underlying Parcel is,in part,utilized as a water treatment facility as part
of the City's waterworks system;
WHEREAS, the City desires to grant Ameren Illinois Company ("Ameren") an easement
over the Underlying Parcel in order to provide upgraded electrical service to its facilities;
WHEREAS,the corporate authorities have determined that it is in the best interests of the
City to grant an easement to Ameren for the purposes of installing and maintaining certain
electrical service for the City's facilities, substantially as set forth in"Exhibit A."
NOW, THEREFORE, BE IT ORDAINED THE CITY COUNCIL OF THE CITY OF
CANTON,FULTON COUNTY, ILLINOIS AS FOLLOWS:
1. The City hereby fmds as fact the recitals set forth above and incorporates said recitals
herein as though fully set forth.
2. The Easement, substantially in the form as attached hereto as "Exhibit A," is hereby
APPROVED;
3. The Mayor is hereby authorized to execute the Easement upon finalization of its terms with
Ameren,as well as any other documents and filings necessary to accomplish the foregoing;
4. The Mayor or his designee is hereby authorized to make any revisions necessary to the
Easement in order to accomplish the foregoing, provided that the area subject to the
easement is not increased without further Council approval;
5. That all ordinances or parts thereof in conflict with this Ordinance are hereby expressly
superseded;
6. If any part or parts of this Ordinance shall be held to be unconstitutional or otherwise
invalid, such unconstitutionality or invalidity shall not affect the validity of the remaining
provisions of this Ordinance.
7. This Ordinance shall be in full force and effect from and after its passage and approval as
provided by law.
PASSED AND APPROVED THIS 17th day of October,2023.
AYES: Mayor Kent McDowell,Alderpersons Chamberlin,Nelson,Lovell,Hale, Gossett,
Ketcham
NAYS:None
ABSENT:Alderpersons Grimm,Lingenfelter
APPROVED:
W-4 B 4-1e2PY• Kent Mc , ayor
ATTEST: /.ice, i .� 7_ �e� ��i �`
Andrea4f. Smith-Walters, City Clerk
EXHIBIT A
See attached Easement.
REMS INFORMATION
Agreement ID: AIC-202210-45145
' Project ID: 57062
EASEMENT
(Overhead and Underground Electric)
Canton, IL
KNOW ALL MEN BY THESE PRESENTS, this day of , 2023, that
CITY OF CANTON, its successors and assigns, whether one or more and whether an individual,
individuals, a corporation, or other legal entity (hereinafter"Grantor"), for and in consideration of the sum
of One and No/100th Dollars ($1.00) and other valuable consideration in hand paid, the receipt of which is
hereby acknowledged, does hereby grant unto AMEREN ILLINOIS COMPANY d/b/a AMEREN ILLINOIS,
an Illinois corporation, its successors and assigns (hereinafter "Grantee"), a perpetual easement
(hereinafter "Easement") with the right, privilege, and authority of Grantee, its agents, contractors, and
subcontractors to survey, stake, construct, reconstruct, replace, use, operate, maintain, patrol, inspect,
protect, repair, relocate, modify, add to the number of, abandon or retire in place, and remove overhead
and underground electric and communication line or lines consisting of poles, guys,anchors,wires, cables,
conduits, fixtures, appliances and other appurtenances thereto, including transformers, cabinets, and
pedestals(hereinafter individually and collectively"Facilities"), together with all rights and privileges for the
exercise and enjoyment of the Easement rights pursuant to the provisions hereof, upon, over, across and
under the following described land in Section 30, Township 7 North, Range 5 East, of the 4th Principal
Meridian, in Fulton County, State of Illinois, to-wit:
Easement Description:
An easement strip 20-feet in width located on a part of the real property described on
Exhibit B.The centerline of said 20-ft wide easement strip is described as follows:
Commencing at the southeast corner of said Northeast Quarter, thence North 89 degrees
21 minutes 48 seconds West along the south line of said Northeast Quarter 1371.28 feet
to the Point of Beginning of the permanent easement to be described:
From the Point of Beginning,thence North 39 degrees 33 minutes 56 seconds West 224.17
feet; thence North 01 degrees 31 minutes 46 seconds East 209.76 feet to the Point of
Termination.
The limits of the above-described permanent easement shall be extended or shortened to
begin on said south line of the Northeast Quarter of Section 30. Said permanent easement
contains 8679 square feet, more or less, or 0.199 acres, more or less.
RE003.22.09.08 1
The centerline of a 20-foot-wide easement strip is to be established by the longitudinal
centerline of the electric line as initially installed and shown on Exhibit"A"attached hereto
and made a part hereof; (hereinafter"Easement Area").
Grantor also conveys the right of ingress and egress to and over the Easement Area and premises of
Grantor adjoining the same,for all purposes herein stated,together with the right to trim,control the growth,
cut and remove or cause to be removed at any time and from time to time, by any means, any and all brush,
bushes, saplings, trees, roots, undergrowth, rock, over-hanging branches, and other obstructions upon,
over, and under the surface of said Easement Area and of the premises of Grantor adjoining the same
deemed by Grantee to interfere with the exercise and enjoyment of Grantee's rights hereunder, endanger
the safety of the Facilities, or in order for Grantee to maintain compliance with the minimum clearance
requirements of the National Electric Safety Code.
Grantee shall be responsible for actual damages (except the trimming, controlling of growth, cutting and
removal of trees and other vegetation) occurring as a result of the Grantee's exercise of the Easement
rights hereinabove conveyed and shall reimburse the owner thereof for such loss or damages.
Grantor, for itself, its successors and assigns, does hereby warrant and covenant unto Grantee, (1) that
Grantor is the owner of the Easement Area and has the full right and authority to grant this Easement, (2)
that Grantee may quietly enjoy the Easement for the purposes herein stated, and (3) that Grantor will not
create or permit any building or other obstruction or condition of any kind or character upon Grantor's
premises that will interfere with the Grantee's exercise and enjoyment of the Easement rights hereinabove
conveyed. Grantor installed the underground conduit for the underground electric primary that Grantee
installed in the conduit. If Grantor maintains 36 inches of minimum cover over the conduit and the driveway
or parking lot over the Easement Area is designed to prevent damage to the conduit and primary electric
cable, said driveway and parking lot shall not be deemed an obstruction.
By acceptance of this Easement, Grantee covenants that in the event the facilities and appurtenances
installed by virtue hereof shall interfere with the future development of Grantor's property, Grantee shall
relocate said facilities and appurtenances to an alternate location upon Grantor's property, at Grantor's cost
and expense, provided that: (1)Grantor shall have given Grantee one hundred twenty (120)days advance
written notice; and (2) the alternate location is acceptable to Grantee. Upon relocation of the easement
and facilities, Grantee shall record a release of easement in the land records of Fulton County, Illinois.
This Easement shall be governed by the laws of the State of Illinois.
IN WITNESS WHEREOF, the Grantor has hereunto caused this Easement to be executed on the date
hereinabove written.
CITY OF CANTON
By:
Name:
Title:
RE003.22.09.08 2
ALL PURPOSE NOTARY ACKNOWLEDGMENT
STATE OF ILLINOIS l
COUNTY OF J} SS
On this day of , 2023, before me, the undersigned, a Notary Public in
and for said State, personally appeared (print or type names):
to me known to be the person described in and who executed the foregoing instrument and acknowledged
that he/she/they executed the same as his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted,
executed the instrument.
Capacity Claimed By Signator(s)
❑ Individual(s) ❑ Corporate ❑ Limited Liability Company ❑ Partner(s)
❑Trustee(s) Title(s)of Officer(s): Member(s)/Manager(s): ❑ Limited Partnership
❑ Executor(s) ❑ General Partnership
❑Administrator(s) ❑ Other(Specify Below):
❑Attorney-In-Fact
❑ Conservator(s)
❑ Guardian(s)
My Commission Expires Notary Public
Prepared By: Ameren Services Company, Legal Dept, PO
Box 66149, St. Louis MO 63166-66149
Return To: Ameren Services Company, Real Estate, PO
Box 66149, MC 700, St. Louis MO 63166-66149
WNM
WR#: 8FRV320460
40.5615-89.9753
10/19/2023
RE003.22.09.08 3
EXHIBIT "A"
ELECTRIC OVERHEAD AND UNDERGROUND EASEMENT
NOT TO SCALE
N
NE 1/4, Section 30, T7N, R5E
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"'�' —',E Fulton County, IL
\�' PIN: 10-09-30-100-020
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'PIN: 10-09.30-100-020 tr;'
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u, ' N Centerline of a 20 foot wide r'
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celectric easement ��
f l 200'-+ - --- .___.. _ .__- Illinois River Road Natl Scenic Bywy
ItPIN: 10-09-30-400-003 r
RE003.22.09.08 4
EXHIBIT "B"
LEGAL DESCRIPTION OF UNDERLYING PARCEL
[To be added].
PIN: 10-09-30-100-020
RE003.22.09.08 5