HomeMy WebLinkAboutOrdinance #3025 The above space for Recorder's use only
ORDINANCE NO. r
AN ORDINANCE VACATING THE RIGHT OF WAY KNOWN AS MANUFACTUER'S CIRCLE
AT THE ENTERPRlSE INDUSTRIAL PARK IN THE CITY OF CANTON, FULTON COUNTY,
I1tINOIS.
WHEREAS, Section 11-91-1, et. seq. of the Illinois Municipal Code (651LCS 5/11-
91-1) provides, in parf, whenever the corporate authorities in any municipality in the
State of Illinois determine that the public interest will be subserved by vacating any
street or alley, or part thereof, within their jurisdiction in any incorporated area, they
may vacafie the street or alley, or parf thereof, by ordinance; and
WHEREAS, Section 11-91-1 of the lllinois Municipal Code also provides that the
Ordinance vacating any street or alley, or parf thereof, shall be passed by the
affirmotive vote of at leasfi three-fourfhs of the alderman, trustees or commissioners
then hofding office; and
WHEREAS, the corporate authorities of the City of Canton, County of Fulton,
Illinois, have determrned the public interest shall be subserved by vacafiing the right
of way known as Manufacturer's Circle, as the roadway was platted, but never built
and an adjocent landowner now has a viable use for said property; and
WHEREAS, the above-described property in the City of Canton, Fulton
County, lllinois is depicted on the Subdivision Plat thereof filed in the Fulton Counfiy
(Illinois~ Recorder's office on October 26, 1984, os Instrument Number 84-8960.
1
WHEREAS, the above-referenced property is wholly owned by and within the
jurisdiction and corporate limits of the City of Canton; and
WHEREAS, fhe corporate authorities have determined that a vacation of the
right-of-way known as Manufacturer's Circle will allow the property to have a viable
and productive use and relieve the City of Canton from any maintenance
responsibilifiies.
NOW, THEREFORE, BE IT ORDAINED by the Mayor crnd City Council of the City
of Canton, Fulton Covnty, Illinois, as follows:
1. That the Cifiy Council of the City of Canton, Fulton Counfiy, Illinois, hereby finds
the foregoing recitals to be fact.
2. That the following-described right-of-way is hereby vacated and the property
described therein shall go to the adjacent landowners as described in the four
separate tracts identified on the attoched Exhibit A, to wit:
See Attached Exhibit A
3. The aforesaid vacation is made subject to the reservatron of an easemenfi in
perpetuity for utilities under, over, and across the aforesaid vacated property for
fihe purposes of maintaining, placing, constructing, or reconstructing public utilities
to include, but not limited to the following: gas and electric transmission lines; water
and sewer lines; telephone lines; cable television lines; or any present or future
utilifiies of whatsoever nature or description, and access to all of lots 2 J and 22 of
the Subdivision of Enterprise Industrial District. The easement hereby reserved shall
be the same dimensions as those as set out in the recording hereinabove
mentioned, and shall run in favor of the City of Canton, all existing easement
holders, and al! holders of future easements and each of their respective successors
and assigns.
4. That the City Clerk of the City of Canton is hereby ordered and directed to have
o certified copy of this Ordinance sent to:
a. Highway Commissioner
Canton Township
Mr. Monte Harris
1013 East Locusfi
Canton, Illinois 61520
b. County Engineer
Mr. 8ill Kuhn
430 E. Oak Street
z
Canton, IL 61520
c. District Engineer, IDOT
Mr. Joe Crowe
401 Main Street
Peoria, IL 61602
6. That the City Clerk of the City of Canton, lllinois, is hereby ordered and directed
to have a cerfrfied copy of this ordinance recorded in the Office of the Recorder of
Deeds of Fulton County, Illinois immediate~y upon passage and approval of this
Ordinance.
7. That this Ordinance shall be in full force and effect immediately upon its passage
by the affirmative vote of at least three-fourths of the aldermen then holding office
in the Cifiy of Canton, Fulton County, Iilinois and approval of the Mayor thereof.
PASSED afi a regular meeting this ~ day of ° 2013 upon
a roli call vote as follows:
A YES: 1 a ~ ~ GL~ /S c~~
lrv~ ~ ~v c~~ ~ J~ hj ~J f~'~ (~c' ~ S O~ C'. ~Cc' 1 ~c5-J ~
~ll,s, Lu~~ i~
NAYS:
ABSENT: ~ l d ~ r, ~ ~~,,i e.s ( -~I~
Approved:
Jeff z, M
~
Attest: f ~ / 'n,~
Diana Pavley, City erk
This document prepared by and return to:
Bruce C. Beal
Claudon, Kost, Beal, Walters 8 Lane, Ltd.
P.O. Box 400
121 W. Elm Street
Canton, IL 61520
(309J 647-6300
3