HomeMy WebLinkAboutOrdinance #342SBI Route 78 & 9
Section
Locust & l'iitil St.reCL6
Canton
Fulton County
EXHIBIT "C"
AN ORDINAAICE fREGUI ATING rNCROACIIIIEL T
Oid PUBLIC RIGHT OF WAY IN THE CITY OF CANTON
FULTON COM" Y, ILLINOIS
WHEREAS, the City of Canton hereinafter known as the CITY, and the State
of Illinois, acting by and through its Department of Public Works and Buildin -3,
Division of Highways, have entered into an agreement relative to the improve-
ment of Locust & Fifth Streets (Illinois Route 78 & 9, FA Route E4, SBI Route
78 & 9 State Section 135Z -W, RS -1, City Section 60CS, from First Street to
Holly Street; and,
'•PIEREAS, in order
to. facilitate. 53.1.CI 7.'.' ? ?)'"i��,' ^]`F' °r1t, it 1S necessary for the
CITY to adopt an ordinance rel ulatin.g on the right of way for said
improvement in accordance with the following definition:
Roadi7ay Right of Way is defined as those areas exi.st:ing or acquired by
dedication or by fee simple for highway purposes; also, the areas ac-
quired by temporary easement during the time the easement is in effect;
Project Ri ght of Way is defined as those areas within the project right-
of-way lines established jointly by the CITY, STATE, and the United Stags
Federal Highway Administration v4ii.ch xiill be free of encroachments except
as hereinafter defined;
Encroachment is defined as any building, fence, sign. or any other structure
or object of any kind (with the exception of utilities and public ro.nd
signs), which is placed, Located or maintained, in, on, under or over any
portion of the project right of vay or the roadway ri_ -lit of way where no
project right of way line has been established.
Permissible Encroachment is defined as any extst:in�, awning, marquee, ad-
vertising sign or similar overhanging structure supported from a build-
ing immediately adjacent to the limits of the platted street where there
is a sideT.7alk ei:teac'i_n- to the building lane and which does not impair
the free and safe flow of traffic on the l�igh� ay, Car- pe-I'miso ve reten.t:.on
of overhanging signs is not to be construed as be.i.ng applicable to those.
signs supported from poles constructed outside the project right-of-way
line and not confined by adj:ncent buildings;
Construction Easement Area is defined as the area lying between the
project right -of -way limits and the platted street limits within which
the CITY, by concurrence in the establishment of the project right -of-
way lines, will permit the STATE, to enter to perforn all necessary
construction operations; arid,
I-MER3AS, representatives of the CITY, the STATE, and the United States:
B-,l el_u o!' lr-ubI.ic no3C" hnv,?, by visual ii. -,sp cl.ion, coo sera- Lively
prc.jrct ri�h'�- GE, ^6;c ^. lines o c1 11::'le 1:':T1�unl yr i:: r r f
y d t:ex';.. E�.a th c:isposi_tic�� o_
encroachments;
NOW, THEREFORE, BE IT ORDAINED, by the CITY of Canton, Fulton County,
Illinois:
Section 1: It shall be unlawful for any person, firm or corporation to
erect or cause to be erected, to retain or cause to be retained, and ENCROACH
VENT (herein above defined), except as provided in Section 3, within the
limits of the project right of way or roadway right of way where no project
right -of -way lines have been established.
Section 2: Project right -of -way lines have been established at the follow-
ing locations:
(a) Along the East side of Fifth Street, 28 feet from the centerline
of the proposed improvement from Sta 63 +75 to 64 +70.
. Section 3: Revocable permits have been issued by the CITY for the temporary
retention of the following PEP111ISSIBLE ENCR.OACHAIEWS (herein above defined) :
(a) Overhanging roof on building
Hicks gas station, Southeast corner of Fifth and Oak Streets
Section 4: This ordinance is intended to and shall be in addition to all
other ordinances, rules and regulations concerning encroachments and shall not
be construed as repealing or rescinding any other ordinance or part of any
ordinance unless in direct conflict therewith.
Section 5: Any person, firm or corporation violating this ordinance shall
be fined not less than ($� �^) nor more than
($ _) for each offense, and a separate offense shall be deemed
committed for each and every day during which a violation continues or exists.
Section 6: This ordinance shall. be published one time with 10 days after
its passage in a newspaper having a general circulation in the CITY of Canton,
Illinois, and shall be in full force and effect after its passage, publication
and approval as provided by law.
I Passed and appV ved this day of_
.— �---_. * 19 Z
(Mayor -
ATTEST:
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