HomeMy WebLinkAboutResolution #3267RESOLUTION N0. 3267
A RESOLUTION APPROVING AN AGREEMENT PROVIDING FOR THE
SALE/PURCHASE OF CITY OWNED REAL PROPERTY (PARCEL #3) LOCATED AT
THE SOUTHWEST CORNER OF FIFTH AVENUE AND EAST CHESTNUT STREET,
CANTON, ILLINOIS.
WHEREAS, the Canton City Council has heretofore determined
that it is necessary and in the best interest of the City of
CAnton to sell certain real property identified in the attached
agreement; and,
WHEREAS, it is now necessary to enter into a written
agreement providing for the City of Canton's sale of such real
property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CANTON, Fulton County, Illinois as follows:
1. That the agreement providing for the sale of city owned
real property located at the southwest corner of Fifth Avenue and
East Chestnut Street, Canton, Illinois, hereto attached as Exhibit
~~A" and incorporated herein by reference is hereby approved by the
Canton City Council.
2. That the Mayor and City Clerk are hereby authorized and
directed to execute and deliver duplicate originals of said
agreement and to execute and deliver the requisite quit-claim deed
and all other necessary papers to conclude said transaction.
3. That this Resolution shall be in full force and effect
immediately upon its passage by the City Council of the City of
Canton, Fulton County, Illinois and approval by the Mayor thereof.
PASSED by the City Council of the City of Canton, Fulton
County, Illinois at a regular meeting this 2lst day of
~'~ , 1995 upon a roll call vote as follows:
AYES: Aldermen Molleck, Phillips, Sarff, Meade, Bohler.
NAYS: None,
ABSENT : Aldermen Coat ~ ~Y ~ ~l~l
APPROVED :
. ~ ~
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Donald E. wards, Mayor
ATTEST:
~.
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ancy Whit s, City Clerk.
AGRFT N0. 505
AGREEMENT FOR SALE OF REAL ESTATE
ARTICLES OF AGREEMENT, made as of this _~i ~ day of
1995, between the City of Canton, an Illinois
municipal corporation, hereinafter called "Seller", and Leon R.
Cluts and Nancy Cluts, whose mailing address is 452 East Chestnut
Street, Canton, Illinois, hereinafter called "Buyer" witnesseth:
1. That the "Seller" is the owner of certain real property
hereinafter more particularly described which such real property
has been by said "Seller" determined to be no longer necessary,
appropriate, required for the use of, profitable to, or for the
best interest of the "Seller"; and,
2. That the "Buyer" desires to purchase said real property
hereinafter described.
3. That the subject matter of this agreement is certain
real property located within the corporate limits of the City of
Canton, Fulton County, Illinois at the Southwest corner of Fifth
Avenue and East Chestnut Street, Canton, Illinois. Said real
property is legally described as follows, to-wit:
A part of the Southwest Quarter of Section 26,
Township 7 North, Range 4 East of the Fourth
Principal Meridian, described as follows:
Commencing at the Southwest intersection of
East Chestnut Street and North Fifth Avenue
running thence West 42 feet, thence South 79
feet and 9 inches, more or less, to a point
153 feet North of the North line of Lot 39 in
Barnes and Jones Addition to Canton, Illinois,
thence East 42 feet, thence North 79 feet and
9 inches, more or less, to the place of beginning;
ALSO, the perpetual use for driveway purpose
of the West half of an 8 foot driveway, the center
of which is the West line of the above-described
lot, and excepting the like use of the East half
of said driveway, which has been granted to Ethel
Young, her heirs and assigns, EXCEPTING, Commencing
at the intersection of the West right-of-way line
of 5th Avenue and the South right-of-way line
of Chestnut Street for a point of beginning and
from said point run South 0 degrees 27 minutes 52
seconds West along said West right-of-way line
15.02 feet; thence North 41 degrees 31 minutes 53
seconds West 20.11 feet to a point on the South
right-of-way line of Chestnut Street; thence South
89 degrees 51 minutes 50 seconds East along said
South right-of-way 13.46 feet to the point of
beginning and containing 101.09 square feet, more
or less.
4. The consideration supporting this agreement is made up
of the mutual covenants and agreements herein aet forth and
payment of the cash sum of Five Hundred One and no/100 Dollars
x$501.00) by Buyer to Seller.
5. Seller shall convey title to said real property to Buyer
by Quit-claim Deed.
6. The City shall show proof of merchantable title in said
real property to Buyer by either, in the City's sole discretion,
supplying Buyer with an updated abstract of title or a commitment
to insure title in the amount of the cash sum set forth in
paragraph 4 above.
In the event an abstract is provided by the City, it shall
be updated only once at the City's expense. Proof of merchantable
title as aforesaid shall be furnished by the City to Buyer within
30 days of the date of this agreement or, for good cause shown, at
such other time as the parties may agree to; and such extension of
time shall be accomplished by an instrument in writing.
7. In the event Buyer makes objection to the status of
title and in the opinion of the City Attorney, such objection sets
forth a bona fide defect causing title to not be merchantable, the
City shall, in its sole discretion, cure such defect within 60
days of Buyer's making of such objection or declare this agreement
to be null and void provided, however, that the City return to
Buyer any earnest money deposit without interest and, still
further, providing that Buyer return to the City the original of
the abstract of title or commitment to insure title.
8. Closing shall take place within 14 days of the
expiration of the time period set forth in paragraph 6, above.
Closing shall take place at the City Building, 210 East Chestnut
Street, Canton, Illinois.
9. General real estate taxes, utilities and special
assessments, if any, shall be prorated between the City and Buyer
according to their respective time of possession of the premises.
The City shall be responsible for all general real estate taxes,
utilities and special assessments, if any, which are levied or
placed against said premises in any year preceeding the instant
year and which are now legally cognizable, due and owing. The
City may, at its election, allow some or all of its share of such
general real estate taxes, utilities and special assessments, if
any, as a credit against the cash sum due and owing to the City
from the Buyer. All as set forth in paragraph ~, above. If such
credit is given by the City to the Buyer, the Buyer hereby
covenants and agrees to hold the City whole and harmless on
account thereof.
10. The above described premises is presently zoned (B-2)
under the City of Canton's zoning ordinance(s), as amended. The
use of the premises shall be governed by reference to such zoning
ordinance(s) as the same presently exists and as such zoning
ordinance(s) may be amended. No notice has been received by the
city concerning any zoning code violations. This property is
unimproved.
11. The City hereby warrants that the sub3ect premises, to
the best of its knowledge, is not now subject to a right of any
third party tenant or occupant. The City shall give possession of
the above described premises to Buyer at closing.
12. Other than as above set forth, this agreement is not
subject to any express or implied warranty of any sort. The Buyer
hereby warrants that he has had full and ample opportunity to
inspect the above described premises; that he is satisfied that
his inspection thererof was complete; and, that, other than as
herein set forth, no promises, representations or inducements
whatsoever have been made to Buyer by the City or by the City's
officers, officials, employees or agents.
13. This agreement is executed and delivered by the City to
Buyer by authority of the Canton City Council, Fulton County,
Illinois and pursuant to an ordinance thereof passed at its
regular meeting of January 3, 1995.
14. Required notices shall be in writing and shall be
deemed served when mailed to the Buyer or Seller at the address
shown on the Agreement, by certified mail with return receipt
requested.
15. Time is of the essence of th is agreement.
16. Buyer and Seller agree to make all disclosures and do
all acts necessary to comply with the provisions of the Real
Estate Settlement Procedures Act of 1974• Buyer and Seller
further agree to make all disclosures and do all acts necessary to
satisfy the requirements of the mortgage lender or closing agent
to permit compliance with the provisions of the Internal Revenue
Code and other federal and state laws and regulations. In the
event that either party shall fail to make appropriate disclosures
or take proper actions when asked, such failure shall be
considered a breach by that party.
17. The parties represent to each other that they have no
employees who may be at risk because of hazardous chemical
exposure or potential exposure on the premises and that there are
no underground storage tanks on the premises.
IN WITNESS WHEREOF the City and Buyer have set their hands
and seals to two originals hereof this ~ day of ,
1995.
CITY OF CANTON, an Illinois
municip orporation,
Y
Donald E. dwarda, Mayor
ATTEST:
Cit Clerk.:
(Corporate Seal)
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Leon R. Cluts, Buyer
Nancy S. C1- u s,-Buyer