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HomeMy WebLinkAboutResolution #5054 - license agreement with fulton county rehabilition center, michael hitchcock, kenneth sidwell, and michael hitchcock Jr RESOLUTION NO. 5054_ A RESOLUTION APPROVING A LICENSE AGREEMENT BETWEEN FULTON COUNTY REHABILITION CENTER, MICHAEL HITCHCOCK, SR., KENNETH E. SIDWELL AND MICHAEL L. HITCHCOCK, JR. AND THE CITY OF CANTON AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY OF CANTON, ILLINOIS. WHEREAS, the Legal & Ordinance Committee of the City of Canton has determined that it is necessary and in the best interests of the City of Canton to enter into a license agreement with Fulton County Rehabilitation Center, Michael Hitchcock, Sr., Kenneth E. Sidwell, and Michael L. Hitchcock, Jr. as set forth in Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the City Council of the City of Canton has made a similar determination. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CANTON, ILLINOIS,AS FOLLOWS: 1. That the agreement attached hereto and incorporated herein as Exhibit "A" is hereby approved by the Canton City Council. 2. That the Mayor and City Clerk of the City of Canton, Illinois are hereby authorized and directed to execute said Agreement on behalf of the City of Canton. 3. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Illinois at a regular meeting this 7th day of June, 2016, upon a roll call vote as follows: AYES: Aldermen Craig West, Tad Putrich, Jim Nelson, Ryan Mayhew, Gerald Ellis, John Lovell, Angela Hale NAYS: None ABSENT: Alderman Justin Nelson ABSTAIN: None APPROVED: Jef rev A r_f&,,-Mayor ATTEST: NLR Documents/Resolution 5/17/2016 La:�x 4�e/C D a Pavley- ck, City Clerk NLR Documents/Resolution 5/17/2016 LICENSE AGREEMENT cover sheet for recording purposes. PREPARED BY& RETURN TO: FROEHLING, WEBER& SCHELL, LLP 167 West Elm Street Canton, Illinois 61520 License Agreement This License Agreement("Agreement"), dated June 7 m, 2016, is by and between the City of Canton, a municipal corporation("City"), Fulton County Rehabilitation Center, a not-for- profit corporation("Owner")and Michael L. Hitchcock Sr., Kenneth E. Sidwell and Michael L. Hitchcock,Jr. ("Purchasers"). The Purchasers are purchasing property from the Owner, located at 545 East Cherry Street, Canton, Illinois, more particularly described in the attached Exhibit A("Premises"). The Premises contains a permanent structure in the form of a quonset hut,which encroaches into the City's right-of-way along Cherry Street, 6.4'on the west and 4.7'on the east side of the building("Encroachment Parcel"). The parties agree that the building cannot be moved without significant damage to the building at prohibitive cost. In consideration of$10.00 and other good and valuable consideration,the City enters into this Agreement, acknowledging the encroachment and granting the Owner and Purchasers the right to the use of the Encroachment Parcel for as long as the Owner and/or Purchasers and their successors and assigns own the Premises. In the event the Owner and/or Purchasers should demolish or otherwise remove the current building from the Premises,this Agreement shall terminate and the Owner and/or Purchasers shall no longer have use of the Encroachment Parcel and shall abide by all right-of- way and setback lines when constructing any other structure(s)or fence(s)in the Premises. City of Canton Purchaser(s) Ma r Michael L. Hitchcock Sr. CityJerk Michael L. itchcock Jr. Kenneth E. Sidwell Owner(s) Fulton County Rehabilitation Center, Inc. By• ?\ EXHIBIT A Lot 22 in Carl Marshall's Addition to the City of Canton, Fulton County Illinois PIN 09-08-35-119-009 Address: 545 E. Cherry St., Canton, Illinois 61520