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HomeMy WebLinkAboutResolution #3268 RESOLQTION N0. 3268 A RESOLIITION APPROVING AN AGREEMENT PROVIDING FOR THE SALE/PIIRCHASE OF CITY OWNED REAL PROPERTY LOCATED AT ADDRESS OF 818 ANDERSON PLACE, 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 COIINCIL 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 818 Anderson Place, 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. t AGREEMENT NO. ~G6 AGREEMENT FOR SALE OF REAL ESTATE ARTICLES OF AGREEMENT, made as of this ~ day of ~~f~,C 1995, between the City of Canton, an Illinois municipal corporation, hereinafter called "Seller", and Betty A. Grove, whose mailing address is 535 S. Main 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 with a common address of 818 Anderson Place, Canton, Illinois. Said real property is legally described as follows, to-wit: Lot Number Thirty-Seven (37) in W.N. Maloney's Addition to the City of Canton, Fulton County, Illinois. 4. The consideration supporting this agreement is made up of the mutual covenants and agreements herein set forth and payment of the cash sum of Seven Hundred and no/100 Dollars ($700.00) 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 k, 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 (R-4) 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 subject 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. 1 , '. 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 municipal corporation, By: onald E. war s, Mayor ATTEST: ~'~~~ i Clerks (Corporate Seal) Betty Grove, Buyer PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 21st day of Msrch , 1995 upon a roll call vote as follows AYES: Aldermen Bohler, Meade, Sarff, Phillips, Molleck. NAYS: None, ABSENT: Aldermr~ Chapman, May, Coay. APPED ; onald E. Edwards, Mayor ATTEST: ~~ , ~ ~ Nancy White , City Clerk.