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HomeMy WebLinkAboutOrdinance # 1931•4 Q'1 ~ ^rs rZl f F ~ ~ ~A?lES I. NELSGH GGUNTY CLERK 8 kECGkDEk FllLTGN GGUNTY, IL kEGGkDED GN 05/11/200£ 09:53:90A?! kEG FEE: 91.00 F`AGES : 9 The Above Space for Recorder's Use Only **************************************************** ORDINANCE NO. 1931 AN ORDINANCE VACATING AN ALLEY RUNNING EAST-WEST ALONGSIDE EIGHTH AVENUE BETWEEN ASH STREET AND SPRUCE STREET IN THE CITY OF CANTON, FULTON COUNTY, ILLINOIS. WHEREAS, Section 11-91-1, et. seq., of the Illinois Municipal Code, 65 ILCS 5/11-91-1, provides, in part, 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 vacate that street or alley, or part thereof, by an Ordinance; and WHEREAS, Section 11-91-1 of the Illinois Municipal Code also provides that the Ordinance vacating any street or alley, or part thereof, shall be passed by the affirmative vote of at least three-fourths of the aldermen, trustees or commissioners then holding office; and WHEREAS, the corporate authorities of the City of Canton, Fulton County, Illinois have determined that the public interest shall be subserved by vacating an alley running east- westalongside Eighth Avenue between Ash Street and Spruce Street, all in the City of Canton, Fulton County, Illinois, which alley is more fully described as follows: i Part of Hollandsworth Addition to the City of Canton, Illinois, as shown on subdivision plat recorded in Plat Book 2, more particularly described as follows: A 16 feet wide alley lying south of Lots 1 through 6 and north of Lots 7 through 12, also lying east of Eighth Avenue and west of 27 feet wide alley all being in said Hollandsworth Addition as shown on subdivision plat recorded in Plat Book 2, Page 28. The above-described alley in the City of Canton, Fulton County, Illinois is referenced in the Exhibit prepared by Maurer-Stutz, Inc. dated March 21, 2008, which Exhibit is attached hereto and incorporated herein as Exhibit A; and WHEREAS, the above-described alley and the properties contiguous to said alley are wholly within the jurisdiction and corporate limits of the City of Canton, Illinois; and WHEREAS, the corporate authorities of the City of Canton, Illinois have determined that the relief to the public from further burden and responsibility of maintaining the above-described alley constitutes a public use or public interest authorizing the vacation of said alley. NOW, THEREFORE, BE IT ORDAINED by the Mayor and the City Council of the City of Canton, Fulton County, Illinois as follows: 1. That the City Council of the City of Canton, Fulton County, Illinois hereby finds the foregoing recitals to be fact. 2. That the following-described alley running east-west along Eighth Avenue between Ash Street and Spruce Street in the City of Canton, Fulton County, Illinois, be and same as hereby vacated, to wit: Part of Hollandsworth Addition to the City of Canton, Illinois, as shown on subdivision plat recorded in Plat Book 2, more particularly described as follows: A 16 feet wide alley lying south of Lots 1 through 6 and north of Lots 7 through 12, also lying east of Eighth Avenue and west of 27 feet wide alley all being in said Hollandsworth Addition as shown on subdivision plat recorded in Plat Book 2, Page 28. The above-described alley in the City of Canton, Fulton County, Illinois is referenced on the plat prepared by Maurer-Stutz, Inc. dated March 21, 2008. This plat is attached hereto and incorporated herein as Exhibit A. 3. The aforesaid vacation is specifically made subject to an easement and perpetuity under, over, and across the aforesaid vacated alley for the 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 utilities of whatsoever nature or description. The easement hereby reserves shall be the Y same dimensions as those portions of the aforesaid alley vacated and shall run in favor of the City of Canton, all existing easement holders, and all holders of future easements and each of their respective successors and assigns. 4. That the City Clerk of the City of Canton, Illinois is hereby ordered and directed to have a certified copy of this Ordinance recorded in the office of the Recorder of Deeds of Fulton County, Illinois immediately upon passage and approval of this Ordinance. 5. 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 City of Canton, Fulton County, Illinois and the approval of the Mayor thereof. PASSED by the affirmative vote ofthree-fourths of the aldermen then holding office in the City of Canton, Illinois at a regular meeting this 6th day of May , 2008 upon a roll call vote as follows: AYES: A7-dennen Lewis, Strandberg, Meade, Nidiffer, West, Sarff , Berardi, Schenck. NAYS: None. ABSENT: None i ATTEST: Nancy hites, City Clerk This document prepared by and return to: Chrissie L. Peterson City of Canton 2 N. Main Street Canton, IL 61520 (309)647-2738 r APPROVED, ~ Rodn . Hei ze, ayor ASH STREET (60' R.O.W.) - - - - - - - F53'-1 53' 7 5 T T 53 T 53' F-53'7 j ---------- I I I I I I I I I Ic1p, Io I IVACATIONI I PARCEL P I I w: 7...,1 , I> �o I I 1\10R�N I I I I 0 o QI = Io O7 4vO I O9 i 10 I 11 I 12 oI wo I j�vl� i I I I I �I31 --- J w �53' J 53'53' 1 53_ L 53'- L 53' N I SPRUCE STREET (50' R.O.W.) ----1 F -----------------LJ I I I I I I N SCALE: 1 INCH = 100 FEET ALLEY VACATION EXHIBIT NAVAER- S%V%I me. 1670 EAST ASH STREET //ir// L' /II/, CANTON, ILLINOIS 61520 „ ENGINEERS SURVEYORS PN. (309) 647-7831 FAX (309) 647-61556155 FOR: CITY OF CANTON, ILLINOIS DATE 0.312 112008 REVISIONS PROJECT NO. DRAWN KDR 241-07004 CHECKED KRL DRAWING NO. APPROVED KRL 1 FIELD BK. --- FILE NAME: Vocation Plat.DWG SHEET 1 OF 1