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HomeMy WebLinkAboutOrdinance #1423.~ ~~1423 ._ AN ORDINANCE TRANSFERING OWNERSHIP OF SOIITH PARE AND WALLACE PARK FROM THE CITY OF CANTON TO THE CANTON PARK DISTRICT WHEREAS, the area known as Wallace Park including the building located therein is owned in fee by the City of Canton, and, WHEREAS, the City wells and the pumping station formerly located in the building there have not been used for years and will not be needed or used in the future; and, WHEREAS the said Wallace Park area has been leased from the City on a dollar a year basis to the Park District on a 99 year lease beginning in 1949 and, the Park District has had exclusive possession of the area for many years; and, WHEREAS, the area known as South Park also is owned in fee by the City of Canton; and, WHEREAS, the said South Park has been leased from the City to the Park District for a dollar a year for 50 years beginning in 1978 and the Park District has had exclusive possession of the area for many years; and, WHEREAS, the Canton Park District has requested that fee ownership of said parks be transfered to it so that it might become eligible for grants for park improvements; and, WHEREAS the Canton Park District has agreed to continue all sewer, storm drainage and other easements of the City in the areas of the two parks. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois as follows: 1. That the Canton City Council hereby finds the foregoing recitals to be fact. 2. That the Mayor and City Clerk are authorized and directed to execute a quit-claim deed on behalf of the City of Canton to the Canton Park District for the following described real estate: PARCEL 1 Part of the Northeast Quarter of Section 34, Township 7 North, Range 4 East of the Fourth Principal Meridian, designated as "Park" on the plat of Wright's Addition to Canton, being bounded on the North by East Oak Street, on the East by South Second Avenue, on the South by East Hickory Street and on the West by South First Avenue, all situated in Fulton County, Illinois, and PARCEL 2: Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 in Block 4 of Babcock's Quality Hill Addition to Canton, together with that part of vacated Avenue E, formerly West Fourth Street lying West of and adjoining Lot 10 and also North of the South line of Babcock's Quality Hill Addition, all situated in Fulton County, Illinois, EXCEPTING THEREFROM THE FOLLOWING: Beginning at the Northeast Corner of Lot 1 in Block 4 in Babcock's Quality Hill Addition to Canton as platted April 11, 1888. Recorded in Block 165, Page 101, also known as document no. 93852 in the Fulton County Courthouse, Fulton County, Illinois, thence Westerly along the north line of the above mentioned Lot 1 26.0 feet; thence Southerly along a line parallel to the East line of Babcock's Quality Hill Addition to Canton 176.5 feet to a point on the South line and 26.0 feet West of the Southeast corner of said Addition; thence Easterly 26.0 feet to the Southeast corner of said Addition; thence Northerly along the East line of said Addition 176.5 feet more or less to the point of beginning. Said tract contains 0.105 acres more or less. ALSO The North 60.0 feet of the following described parcel: Lots 1, 2, 3, 4 & 5; and, the North 40' of the following described parcel: Lots 6, 7, 8, 9 and 10 in Block 4 of Babcock's Quality Hill Addition to Canton, together with that part of vacated Avenue E, formerly West Fourth Street lying west of and adjoining Lot 10 and also North of the South line of Babcock's Quality Hill Addition to Canton, all situated in Fulton County, Illinois. PARCEL 3: Part of the Northeast Quarter of Section 34, Township 7 North, Range 4 East of the Fourth Principal Meridian, in Fulton County, Illinois, described as follows: Beginning at the Southeast corner of Babcock's Quality Hill Addition to the City of Canton, as recorded in the Fulton County Courthouse Book 165, Page 101; thence West 26 feet to the true point of beginning; thence West 500.0 feet to the East side of vacated Avenue E, formerly West Fourth Street; thence South along the East side of said vacated Avenue E, 483 1/2 feet to the North line of what was known as the Van Winkle tract of land; thence East 500 feet to the public road as located on this date thence North x.83.5 feet more or less to the place of beginning. all situated in the County of Fulton and State of Illinois. 3. That the sewer, storm sewer and any other easements, visible or otherwise shall be reserved and excepted in favor of the City. /~. That the Mayor and City Clerk are authorized and directed to execute on behalf of the City a mutual release of the leases from the City to the park district of Wallace Park and South Park. 5. That the mutual releases and quit-claim deed will be exchanged and recorded immediately and hereafter the City will assert no ownership interest in either of said park properties. 6. That this Ordinance shall be in full force and effect immediately after its passage by the City Council of the City of Canton, Fulton County, Illinois, approval by the Mayor thereof, and publication in pamphlet form as provided by law. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meetin this A ril g 5t}i day of fi~, 1994, upon a roll call vote as follows: AYES: Aldermen Chapman, May, Meade, Sarff, Phillips, Molleck, Coay, NAYS: None. ABSENT: Alderman Bohler. APPROVED: /_ /' Donald E. Edwards, Mayor ATTEST: ancy Whit , City Clerk. ~'~ ~~~ ~ Pq `?~6~ 4 q~' 64222 C E R T I F I C A T E ~~ . ._. :. ..a_.~ STATE CF TTT.TNOIS, ) ,.; ) SJ . ,,....~"" ,p .. COUNTY OF FULTON. ) .. ~.. ~ .. 19~y ~ ~n q~~ I, Nancy Whites, City Clerk of the City of Canton, in the County of Fulton and State of Illi~is, cb hereby certify that as the City Clerk of the City of Canton, I am the keeper of records, minutes, ordinances and other books, records and papers of said City, and that the foregoing is a true and correct oo?xy of ORDINANCE N0. 1423 AN ORDINANCE TRANSFERRING OL~NERSHIP OF SOUTH PARK AND WALLACE PARK FRCS ~ THE CITY OF CANTON TO THE CANTON PARK DISTRICT . adopted by the City Cota~cil of said City and approved by the Mayor thereof on the 5th day of April 19 94 WITNESS rry hand and the Corporate Seal of the City of Canton, Illinois this 8th day of April 19 94 ~~19'.a Gtr ~~~ (7„. y t , lty y . r~ ~<<, ' 'r-, f x ent ti=,as prepare ~,~ •••~ t~1e lath offices of '' ,: ~~ ~,OS~~ CHAFrCr~FEi~ . J €~' "~ ~~.., 1~~~ Es.st Ash Stz~e . u~ar.~.o~~, Illinois 615~~1 ~~1423 AA ORDIAAACB TRAASFBRIAG OWABRSHIP OF 30IITH PARE AND WALLACB PARg FROM THB CITY OF CANTOR TO THB CANTOR PARg DISTRICT WHEREAS, the area known as Wallace Park including the building located therein is owned in fee by the City of Canton, and, WHEREAS, the City wells and the pumping station formerly located in the building there have not been used for years and will not be needed or used in the future; and, WHEREAS the said Wallace Park area has been leased from the City on s dollar a year basis to the Park District on a 99 year lease beginning in 1949 and, the Park District has had exclusive possession of the area for many years; and, WHEREAS, the area known as South Park also is owned in fee by the City of Canton; and, WHEREAS, the said South Park has been leased from the City to the Park District for a dollar a year for 50 years beginning in X978 and the Park District has had exclusive possession of the area for many years; and, WHEREAS, the Canton Park District has requested that fee ownership of said parks be transfered to it so that it might become eligible for grants for park improvements; and, WHEREAS the Canton Park District has agreed to continue all sewer, storm drainage and other easements of the City in the areas of the two parks. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COIINCIL OF THE CITY OF CANTON, Fulton County, Illinois as follows: 1. That the Canton City Council hereby finds the foregoing recitals to be fact. ~ ~ ,~ P ~~,! a ~~ ~~a 2. That the Mayor and City Clerk are authorised and directed to execute a quit-claim deed on behalf of the City of Canton to the Canton Park District for the following described real estate: PARCEL 1: Part of the Northeast Quarter of Section 34, Township 7 North, Range 4 East of the Fourth Principal Meridian, designated as "Park" on the plat of Wright's Addition to Canton, being bounded on the North by East Oak Street, on the East by South Second Avenue, on the South by East Hickory Street and on the West by South First Avenue, all situated in Fulton County, Illinois, and PARCEL 2: Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 in Block 4 of Babcock's Quality Hill Addition to Canton, together with that part of vacated Avenue E, formerly West Fourth Street lying West of and adjoining Lot 10 and also North of the South line of Babcock's Quality Hill Addition, all situated in Fulton County, Illinois, E%CEPTING THEREFROM THE FOLLOWING: Beginning at the Northeast Corner of Lot 1 in Block 4 in Babcock's Quality Hill Addition to Canton as platted April 11, 1888. Recorded in Block 165, Page 101, also known as document no. 93852 in the Fulton County Courthouse, Fulton County, Illinois, thence Westerly along the north line of the above mentioned Lot 1 26.0 feet; thence Southerly along a line parallel to the East line of Babcock'a Quality Hill Addition to Canton 176.5 Peet to a point on the South line and 26.0 feet West of the Southeast corner of said Addition; thence Easterly 26.0 feet to the Southeast corner of said Addition; thence Northerly along the East line of said Addition 176.5 feet more or less to the point of beginning. Said tract contains 0.105 acres more or less. ALSO The North 60.0 feet of the following described parcel: Lots 1, 2, 3, 4 & 5; and, the North 40' of the following described parcel: Lots 6, 7, 8, 9 and 10 in Block 4 of Babcock's Quality Hill Addition to Canton, together with that part of vacated Avenue E, formerly West Fourth Street lying west of and adjoining Lot 10 and also North of the South line of Babcock's Quality Hill Addition to Canton, all situated in Fulton County, Illinois. PARCEL 3: Part of the Northeast Quarter of Section 34, Township 7 North, Range 4 East of the Fourth Principal Meridian, in Fulton County, Illinois, described as follows: Beginning at the Southeast corner of Babcoek's Quality Hill Addition to the City of Canton, as recorded in the Fulton County Courthouse Book 165, Page 101; thence West 26 feet to the true point of beginning; thence West 500.0 feet to the East side of vacated Avenue E, formerly West Fourth Street; thence South along the East side of said vacated Avenue E, 483 1/2 feet to the North line of what was known as the Van Winkle tract of land; thence East 500 feet to the public road as located on this date thence North 483.5 feet more or less to the place of beginning. all situated in the County of Fulton and State of Illinois. 3. That the sewer, storm sewer and any other easements, visible or otherwise shall be reserved and excepted in favor of the City. 4. That the Mayor and City Clerk are authorized and directed to execute on behalf of the City a mutual release of the leases from the City to the park district of Wallace Park and South Park. 5. That the mutual releases and quit-claim deed will be exchanged and recorded immediately and hereafter the City will assert no ownership interest in either of said park properties. 6. That this Ordinance shall be in full force and effect immediately after its passage by the City Council of the City of Canton, Fulton County, Illinois, approval by the Mayor thereof, and publication in pamphlet form as provided by law. 1=~ ~ Py 4~ • - ~< `. u-P a Py yep PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this S,-h day of ~~, X994, upon a roll call vote as follows: AYES: Aldernnenn Chagnan, May, Meade, Sarff, Phillips, Molleck, Cony, NAYS: None. ABSENT : Alder~i Bohler . APPROVED: ~l ~~ ~~ 'Donald E. Edwards, Mayor ATTEST: ~, _'=d~L~, ancy White , City Clerk. This docume7~t ~aa~ prepared by tll~ Zr~..W p:Pf 1CE;S Q~ 3AA~[ES J . ELSON, CI~3AR.TER~;D 1~2~ Eae~'t Ash Street (;:;a.Tli''i•" 11.E ].Yl~~~.«~ ~~`~?`~,Q ORDINANCE N~. 1423 wr~uuT ~1~ y q~~ ~.~P a P~ yob Q II I T- C L A I M D E E D THE GRANTOR, the City of Canton, an Illinois municipal corporation of the County of Fulton, pursuant to direction by the Canton City Council for the consideration of One Dollar and other good and valuable considerations, conveys and Quit-claims to the Canton Park District, an Illinois municipal corporation, of the County of Fulton all interest in the following described real estate: PARCEL 1 Part of the Northeast Quarter of Section 34, Township 7 North, Range 4 East of the Fourth Principal Meridian, designated as "Park" on the plat of Wright's Addition to Canton, being bounded on the North by East Oak Street, on the East by South Second Avenue, on the South by East Hickory Street and on the West by South First Avenue, all situated in Fulton County, Illinois, and PARCEL 2: Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 in Block 4 of Babcock's Quality Hill Addition to Canton, together with that part of vacated Avenue E, formerly West Fourth Street lying Weat of and adjoining Lot 10 and also North of the South line of Babcock's Quality Hill Addition, all situated in Fulton County, Illinois, EXCEPTING THEREFROM THE FOLLOWING: Beginning at the Northeast Corner of Lot 1 in Block 4 in Babcock's Quality Hill Addition to Canton as platted April 11, 1888. Recorded in Block 165, Page 101, also known as document no. 93852 in the Fulton County Courthouse, Fulton County, Illinois, thence Westerly along the north line of the above mentioned Lot 1 26.0 feet; thence Southerly along a line parallel to t'~e East line of Babcock's Quality Hill Addition to Canton 176.5 feet to a point on the South line and 26.0 feet West of the Southeast corner of said Addition; thence Easterly 26.0 feet to the Southeast corner of said Addition; thence Northerly along the East line of said Addition 176.5 feet more or less to the point of beginning. Said tract contains 0.105 acres more or less. ALSO EXCEPTING U ~~ The North 60.0 feet of the following described parcel: Lots 1 , 2, 3 , 4 & 5 ; and, the North ~.0' of the following described parcel: Lots 6, 7, 8, 9 and 10 in Block 4 of Babcock's Quality Hill Addition to Canton, together with that part of vacated Avenue E, formerly Weat Fourth Street lying west of and adjoining Lot 10 and also North 4 of the South line of Babcock's Quality Hill Addition to Canton, all situated in Fulton County, Illinois. PARCEL 3: Part of the Northwest Quarter of Section 34, Township 7 North, Range 4 East of the Fourth Principal Meridian, in Fulton County, Illinois, described as follows: Beginning at the Southeast corner of Babcock'a Quality Hill Addition to the City of Canton, as recorded in the Fulton County Courthouse Book 165, Page 101; thence West 26 feet to the true point of beginning; thence West 500.0 feet to the East aide of vacated Avenue E, formerly West Fourth Street; thence South along the East aide of said vacated Avenue E, 483 1/2 feet to the North line of what was known as the Van Winkle tract of land; thence East 500 t'eet to the public road as located on this date thence North 483.5 feet more or less to the place of beginning all situated in the County of Fulton and State of Illinois. The Grantor reserves and excepts all rights which it has arising from an Agreement and Easement for storm sewer dated April 4, 1968 and recorded April 22, 1968 in Book 764, Page 888-890 as Documents #68-9345 and 68-9346. The Grantor further reserves and excepts all rights which it has under a Sewer Easement dated February 6, 1984 and recorded January 7, 1985 in Book 968, Page 119 as Document #85-10053. Grantor makes this conveyance for park purposes, reserving and excepting any existing easements, including but not limited to highways, gas and electric transmission lines, water and sewer lines, cable television lines or other public utilities. Said easements shall run in favor of the City of Canton. Dated: this ~ day~~of April , 1994. CITY OF CANTON, ILLINOIS a municipa corporation, ~~~ ~ q~~ Dona d E. Edwards, Mayor ATTEST: Nancyly,~ih t~aG~i~ ~- (...~f?...), Sec ~ Prcwlsions of Yar. ~ ~;ea! Lstate Transfer. '1'az Act. . .., ~.. ;L: ai: ~~ t 01' ..... CERTIFICATE STATE C~' II.LINOLS, ) SS. COUNTY OF FULTON. ) I, Nancy Whites, City Clerk of the City of Canton, in the County of Fulton and State of Illinois, dD hereby certify that as the City Clerk of the City of Canton, I mm the keeper of records, minutes, ordinances and other books, records and papers of said City, and that the foregoing is a true and correct co*~y of ORDIlVANCE NO. 1423 AN ORDINANCE TRANSFERRING Oti~SHIP OF SOUTH PARK AND WALIACE PARK FRQ 4 THE CITY OF CA'~TTON TO THE CANTON PARK DISTRICT , adopted by the City Cota~cil of said City and approved by the, Mayor thereof on the 5th day of April 19 94 WITNE'.SS ~y hand and the Corporate Seal of the City of Canton, Illinois this $~ day of April 19 94 ~Z 1, t ~ .Ct~L~ , t qty (SEAL) STATE OF ILLINOIS, ) SS. COIINTY OF FIILTON. ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, do hereby certify that Donald E. Edwards, Mayor and Nancy Whites, City Clerk, personally known to me to be the same persona whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed, sealed and delivered the said instrument as elected officials of the City of Canton, pursuant to direction by the Canton City Council. Given under my hand and seal this day of March, 1994• Notary Public. Prepared by & return to: James J. Elson, Chartered City Attorney 210 E. Chestnut Street Canton, IL 61520 ORDINANCE N0. 1423 WALNUT STREET 10= 9 8 7 6 S 4 3 2 1 8i. K (#U ITY HILL AD IT10 TO C ~, u \\ \\ 1\ t\ 11 M .~~/, ,, au.EY To ~ vac~-TEa W y~ WALLACE PARK CONVEYED TO Q ~ CANTON PARK ~I9TRICT W n 6 ~ ~ ~+ DEdCA710N FOR Z RW~WAY AND PUBLIC UTILITIp Q - - RAY STREET cvacaTE~~ - .~ 9C~AL~ 1` =100' r Q II I T- C L A I M D 8 E D THE GRAATOR, the City of Canton, an Illinois municipal corporation of the County of Fulton, pursuant to direction by the Canton City Council for the consideration of One Dollar and other good and valuable considerations, conveys and Quit-claims to the Canton Park District, an Illinois municipal corporation, of the County of Fulton all interest in the following described real estate: PARCEL 1 Part of the Northeast Quarter of Section 34, Township 7 North, Range 4 East of the Fourth Principal Meridian, designated as "Park" on the plat of Wright's Addition to Canton, being bounded on the North by East Oak Street, on the East by South Second Avenue, on the South by East Hickory Street and on the West by South First Avenue, all situated in Fulton County, Illinois, and PARCEL 2: Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 in Block 4 of Babcock's Quality Hill Addition to Canton, together with that part of vacated Avenue E, formerly West Fourth Street lying West of and adjoining Lot 10 and also North of the South line of Babcock's Quality Hill Addition, all situated in Fulton County, Illinois, E%CEPTING THEREFROM THE FOLLOWING: Beginning at the Northeast Corner of Lot 1 in Block ~ in Babcock's Quality $ill Addition to Canton as platted April 11, 1888. Recorded in Block 165, Page 101, also known as document no. 93852 in the Fulton County Courthouse, Fulton County, Illinois, thence Westerly along the north line of the above mentioned Lot 1 26.0 feet; thence Southerly along a line parallel to t'~ie East line of Babcock's Quality Hill Addition to Canton 176.5 Peet to a point on the South line and 26.0 feet West of the Southeast corner of said Addition; thence Easterly 26.0 feet to the Southeast corner of said Addition; thence Northerly along the East line of said Addition 176.5 feet more or less to the point of beginning. Said tract contains 0.105 acres more or less. ALSO E%CEPTING The North 60.0 feet of the following described parcel: Lots 1, 2, 3, 4 ~ 5; and, the North 1,.0' of the following described parcel: Lots 6, 7, 8, 9 and 10 in Block 4 of Babcock's Quality Hill Addition to Canton, together with that part of vacated Avenue E, formerly West Fourth Street lying west of and adjoining Lot 10 and also North of the South line of Babcock's Quality Hill Addition to Canton, all situated in Fulton County, Illinois. PARCEL 3: Part of the Northeast Quarter of Section 34, Township 7 North, Range 4 East of the Fourth Principal Meridian, in Felton County, Illinois, described as follows: Beginning at the Southeast corner of Babcock's Quality Hill Addition to the City of Canton, as recorded in the Fulton County Courthouse Book 165, Page 101; thence West 26 feet to the true point of beginning; thence West 500.0 Peet to the East aide of vacated Avenue E, formerly Weat Fourth Street; thence South along the East aide of said vacated Avenue E, 483 1/2 Peet to the North line of what was known as the Van Winkle tract of land; thence East 500 Peet to the public road as located on this date thence North 483.5 feet more or less to the place of beginning all situated in the County of Fulton and State of Illinois. The Grantor reserves and excepts all rights which it has arising from an Agreement and Easement for storm sewer dated April 4, 1968 and recorded April 22, 1968 in Book 764, Page 888-890 as Documents #68-9345 and 68-9346. The Grantor further reserves and excepts all rights which it has under a Sewer Easement dated February 6, 1984 and recorded January 7, 1985 in Book 968, Page 119 as Document #85-10053• Grantor makes this conveyance for park purposes, reserving and excepting any existing easements, including but not limited to highways, gas and electric transmission lines, water and sewer lines, cable television lines or other public utilities. Said easements shall run in favor of the City of Canton. Dated: this 5th day of APY'll , 1994• CITY OF CANTON, ILLINOIS a municip corporation, By• ~~ Dona d E. Edwards, Mayor ATTEST: a.~ -~ Nancy White , City Clerk.