PENDING ORDINANCES
ORDINANCE NO. 2020-20
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY TO THE CITY OF CARBONDALE, ILLINOIS
(194 Brush Hill Road)
WHEREAS, the City of Carbondale, Illinois, is a home rule unit of local government under the Illinois Constitution, 1970, Article VII, Section 6; and,
WHEREAS, pursuant to Article VII, Section 6(a), of the Illinois Constitution, 1970, the City of Carbondale may exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare; and,
WHEREAS, pursuant to 65 ILCS 5/7-1-8, any territory which is not within the corporate limits of any municipality but which is contiguous to a municipality at the time of annexation may be annexed to the municipality by the receipt of a written petition signed by the owners of record of all land within such territory; and,
WHEREAS, Wayne L. Stevens, the owner of record of 194 Brush Hill
Road; all herein after described, has petitioned to the corporate authorities of the City of Carbondale, Illinois, requesting that said territory be annexed to the City of Carbondale; and,
WHEREAS, said territory is contiguous to the City, and unincorporated; and further appearing that the property owner whose signature is required on said petition has signed the same.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CARBONDALE, ILLINOIS, AS FOLLOWS:
 
Section 1.  That the following described property, being unincorporated and contiguous to the City of Carbondale, is hereby annexed to and made a part of the City of Carbondale, as follows to wit:
PROPERTY ANNEXED
Parcel No. 15-27-178-005
 
DETAIL DESCRIPTION: 
 
Part of Lot 11 in Brush Hill Development; being a part of the Southeast Quarter of the Northwest Quarter of Section 27, Township 9 South, Range 1 West of the 3 rd P.M., Jackson County, Illinois, as shown by the recorded Plat thereof in Book 12 of Plats at Page 40 in the Recorder’s Office of Jackson County, Illinois, EXCEPT all coal, oil, gas and other minerals underlying the surface of said land and all rights and easements in favor of said mineral estate, AND EXCEPT the following described parcel:
 
Beginning at the Southwest corner of Lot 11 of the said Brush Hill Development; thence Southeasterly along the Southwest line of the said Lot 11, a distance of 503.44 feet to the Southerly most corner of the said Lot 11; thence Northeasterly along the Southeast line of the said Lot 11 with a deflection angle of 52°43’19”, a distance of 129.33 feet to the Southeast corner of the said Lot 11; thence Northwesterly along a line with a deflection angle of 99°18’37”, a distance of 547.91 feet to a point in the North line of the said Lot 11; thence Southwesterly along the North line of the said Lot 11, said line being the arc of a circular curve concave to the Southeast, having a radius of 352.79 feet and at an internal angle of 12°10’51” with the deflection angle of 97°53’13”, to the chord thereof a distance of 75.00 feet to a point in the North line of the said Lot 11; thence Southwesterly along the Northwest line of the said Lot 11; said line being tangent to the last aforesaid arc of a circular curve at the last aforesaid point a distance of 298.44 feet to the point of beginning.
 
ALSO ANNEXED:
 
All that Right-of-Way located adjacent to said parcel and not previously annexed.
 
Said property to be annexed contains 2.11 acres, more or less.
 
Section 2.  That a plat of the property in question is attached to this ordinance as Exhibit "A" and is made a part hereof.
Section 3.  This ordinance shall be recorded with the Recorder of Deeds of the County of Jackson.
Section 4.  That all ordinances and parts thereof in conflict herewith are expressly repealed and are of no force and effect.
Section 5.  The repeal of any ordinance by this ordinance shall not affect any rights accrued or liability incurred under said repealed ordinance to the effective date hereof.  The provisions of this ordinance, insofar as they are the same or substantially the same as those of any prior ordinance, shall be construed as a continuation of said prior ordinance.
 
Section 6.  That it is the intention of the City Council of the City of Carbondale that this ordinance and every provision thereof shall be considered separable, and the invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance.
Section 7.  That the City Council of the City of Carbondale finds that the subject matter of this ordinance pertains to the government and affairs of the City of Carbondale, and is passed pursuant to the Home Rule Powers of the City of Carbondale pursuant to the provisions of Article VII Sec. 6(a) of the 1970 Illinois Constitution.
 
   Section 8.  That this ordinance shall take effect on June 24, 2020, and upon recording and publication in pamphlet form in accordance with law.
 
APPROVED:                                   
             John M. Henry, Mayor      
 
ATTEST: __________________________________________
      Jennifer Sorrell, City Clerk