HomeMy WebLinkAbout#4055 Lease (2) ORDINANCE NO. 4055
ORDINANCE AUTHORIZING LEASE OF MUNICIPALLY
OWNED REAL PROPERTY
WHEREAS, the City of Canton owns the following described real property:
Lot No. 35, 36,and 37 of the Lakeview(a.k.a.Waveland) Addition to Lake Canton, Fulton
County, Illinois.
which property is generally located at 25900 N. DalBar Road, Canton, Illinois, has P.I.N. Nos.
of 10-09-30- 305-005 and 10-09-30-305-009 and is currently used as residential real property;
and
WHEREAS, the City Council of the City of Canton has determined that it is in the best
interest of the City of Canton that it enter into a lease for municipally owned property and said
lease is attached hereto as Exhibit A; and
WHEREAS, pursuant to Section 11-76-2 of the Illinois Municipal Code, 65 ILCS 5/11-
76-2, notice has been given of the proposal to lease such real estate, said notice having first been
published on November 7, 2016 and having been published at least once in The Independent
Shopper, a newspaper published in the county in which the municipality is located, not less than
15 nor more than 30 days before the date on which it is proposed to adopt this Ordinance; and
WHEREAS, pursuant to said notice, this Ordinance was adopted at the regular meeting
of the City Council held on December 6,2016; and
WHEREAS, the City Council finds and determines that the best interests of the City of
Canton and its residents will be served by the approval of the above-referenced lease.
NOW,THEREFORE, BE IT ORDAINED by the City Council of the City of Canton,
Fulton County, Illinois, as follows:
1. The City Council finds as facts the recitals hereinabove set forth.
2. The lease to Garold Smart and Sarah Hinds are hereby accepted by the City Council
of the City of Canton for the lease of the following described real estate:
Lot No. 35, 36, and37 of the Lakeview(Waveland) Addition to Lake Canton, Fulton
County, Illinois.
Commonly known as 25900 N. DalBar Road, Canton, Illinois, has P.I.N. Nos. 10-09-
30-305-005 and 10-09-30-305-009.
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Ordinances
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3. The Mayor is hereby authorized and directed to sign and the City Clerk is hereby
authorized and directed to attest to LAKE LOT LEASE of the aforesaid real estate,
which Lease shall be in the form attached hereto as Exhibit A.
4. The Mayor and the Clerk are hereby authorized, respectively, to execute and attest
such other documents as may be necessary to the conveyance herein authorized.
5. This ordinance shall be in full force and effect from and after its passage, by a vote of
at least three fourths of the corporate authorities now holding office, and approval in
the manner provided by law.
PASSED THIS 20th DAY OF DECEMBER, 2016
AYES: Alderman Ryan Mayhew, Tad Putrich, Craig West, Angela Hale, Gerald Ellis,
Justin Nelson
NAYES: None
ABSENT: Alderman John Lovell
APPROVED THIS 20th DAY OF December 2016. �7
APPROVEDz t �2
Jeffrey�eyA.1 t, Mayor
AT
'ana '•'a ock, City Clerk
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* 1 6 7 3 8 6 1 6 *
1673861
JAMES I. NELSON
COUNTY CLERK & RECORDER
FULTON COUNTY, IL
RECORDED ON
12/09/2016 02:59:54PM
REC FEE: 62.00
RETURN TO: PAGES: 6
TERRILL TITLE CO., INC.
405 N. Main Street
Lewistown, IL 61542
le 242%Ct-
**************************************************r***********
CITY OF CANTON LAKESHORE LEASE
The City of Canton,an Illinois municipal corporation("City")makes this lease with us,
rold E. Smart and Sarah L.Hinds,as tenants, ("Lessees")on the —7 day of
2016.
The City, as part of its municipal water supply, has a large artificial lake called Lake Canton.
The City has shoreline property; however it must protect the lake from pollution, undue erosion,
and other injury which it can do best if it owns and ultimately controls the land but leases under
terms and conditions which will protect the lake.
1. DESCRIPTION: This lease to me is for the following real estate:
Lots 35,36,and 37 in the LakeWind (Waveland)Addition to Lake Canton; situated in the
County of Fulton and State of Illinois.
25900 N. DalBarRoad,Canton,IL 61520
PIN#10-09-30-205-009 (Lot 35)
PIN# 10-09-30-205-005 (Lots 36 &37)
2. TERM: The term of this lease shall be for a period of forty(40)years from this date
provided that an additional year shall be added to its term on each anniversary date hereof so that
there shall always be a minimum of thirty-nine years and one day remaining on the term.
3. USE: We may use the leased property for our residence. We may not use the property for
other uses or purposes and at all times we must protect the lake.
4. RENT: As rent we will pay to the City a sum of money representing ten percent(10%)of the
equalized assessed valuation of the land portion for real estate tax purposes. The assessed
valuation from the Quadrennial Reassessment shall be used to make the calculation,thus rental
rates will be readjusted as necessary every four years. Payment of rent shall be made in advance
on or before the first day of May. To secure the payment of rent and other agreements in this
lease the City shall have the superior lien(inferior only to mechanic's liens)on all improvements
•
on the leased property in addition to any other liens and remedies it may have at law. At the
option of the City, its lien may be enforced in equity or by distress or by foreclosure sale.
5. MORTGAGE: Notwithstanding the provisions of Paragraphs 12 hereof and in order to
promote the leasing, care and improvement of the lake shore land,we may mortgage the
leasehold hereby granted,together with all improvements now or by us hereafter on the leased
premises, and the mortgagee and assigns may cause this lease and such mortgage or either of
them to be filed for record in the Recorder's Office of said County and enforce said mortgage
and acquire title to the leasehold and such improvements in any lawful way and rent the property
pending foreclosure and acquisition and disposal of title,and the mortgagee or assigns may sell
and assign said leasehold and improvements. No default or action by us or those claiming
through or under us shall be effective as against the mortgagee or the mortgagee's assigns,unless
the mortgagee or the mortgagee's assigns fail to pay,or cause to be paid,within thirty(30)days
after being served with written notice thereof, any delinquent taxes on the leasehold or
improvements thereon, or sums then owing to the City under said lease. The mortgagee and
assigns shall comply with the provisions of the lease in the like manner as we are required to do
in the event the mortgagee should acquire title to the leasehold.
6. TAXES: We will pay all taxes and assessments on the leased property before they become
delinquent. Failure to pay such taxes by their due date will result in the default of this lease.
7. UTILITIES: We understand that we are to pay all charges for water, garbage removal,
electricity, gas or other service for our leased property.
8. RESIDENCE: We understand that we may use up to 80 x 100 feet of our leased area to
build and then occupy one single family residence and appurtenances. We may not have more
than one dwelling on our lot at any one time.
Before we build anything on our lot,we must submit plans showing plumbing and sewage
disposal,location on lot,etc.to the City and obtain written approval(usually a building permit)
from the City. If we build without approval,the City may remove what we build and charge us
for the removal. No one else's lien may attach to any improvement built without the City's
written approval.
9. INSURANCE: We understand that we shall obtain insurance in our own names on any
improvements we make; however,the City will not be liable for damage to our property.
10. WATER LEVEL: It is understood that the City will not be responsible for maintaining any
certain lake level and will not be responsible for damage caused to our improvements or other
property of ours by the action of the waters.
11. GENERAL REGULATIONS: We will:
a. Keep our leased land neat and clean and free from noxious weeds and debris. Also we will
maintain the improvements in good repair.
b. Install and maintain such facilities for the disposal of sewage,solid or liquid waste as may be
required by the City, Fulton County Health Department, State Department of Public Health or
other public authority for sanitation and public health. If sewer connections are available and the
City so orders,we will connect to the sewer. In no instance will we allow sewage to enter the
lake from our lot.
c. Care for and protect from injury all shade and ornamental trees, shrubbery, and sod and we
will not remove,trim, or permit the removal or trimming of any trees more than three inches in
diameter without the consent of the City.
d. Permit any of our lot to be denuded of vegetation or to be cultivated in such manner as to
cause or permit soil erosion. Further we agree to maintain the shoreline in good condition.
e. Exclude the general public from our lot and from that part of the lake within 25 feet of the
shoreline of our lot. (except as to navigation)
1. Obey all rules,regulations,and ordinances of the City pertaining to leased lots, the lake and
surrounding lands and will not allow violations by our family,our guests or any other person on
our lot.
g. Not permit on or near our lot anything in violation of any law—State, Federal, or municipal—
or the regulations of any public authority. We will not use or permit the premises to be used for
any immoral or illegal purposes.
h. Not cause nor permit any objectionable noise or odor to be emitted from our lot; nor will we
keep on our lot any domestic livestock,poultry,or noisy or dangerous dog.
i. Not do nor permit anything to be done or remain on our lot or in or on the lake in any way
tending to pollute the waters or to create a nuisance or disturb the peace or quiet of the
neighborhood or annoy any occupant of neighboring property.
j. Not allow yard waste including grass clippings, leaves or like material to enter the lake from
our lot.
k. Not use herbicides nor insecticides near the water of the lake nor anywhere rain may wash
these chemicals into the lake except with the written permission of the
Water Superintendent of the City.
I. Not extend any structure into the lake such a dock, boat lift or any other structure more than
fifteen feet(15')from the normal shoreline. The"normal shoreline"is determined when the
water level is even with the top of the spillway. We further will not install any separate structure
such as a fence,post,etc. below the normal water surface.
12. TRANSFER: We understand we may not assign or transfer this lease or any interest in it
although we may mortgage my leasehold. Similarly the lease may not be transferred by a
mortgagee, receiver,trustee in bankruptcy or other representative of us or our estate nor may it
be transferred by operation of law, legal process or any other means whatsoever without the
written consent of the City,which consent will not be unreasonably withheld. No part of the
leased premises may be used by any person other than us,our family, guests, and employees
without written consent of the City.
We understand that the annual rent may be adjusted upon transfer.
Should we desire to assign or transfer this lease to any other person, we shall first give written
notice to the City with the name of the proposed transferee.
No transfer shall be effective unless notice is given to the City,a new lease is prepared by the
City and the new lease, when signed, is filed with Fulton County.
13. VOLUNTARY CANCELLATION: We may surrender this lease if we have fully
performed our duties and thus be relieved of any further obligation under it.
14. RESERVED RIGHTS OF CITY:
A. We understand that if the City requires exclusive use of the leased property for any public
purpose, which is inconsistent with my occupancy of it,the City may terminate this lease by
giving us six months written notice of its intention and paying us for the value of our
improvements. If the City exercises its rights hereunder,it shall pay to us an amount equal to the
value of the premises which shall not exceed the fair market value of the premises. hi the event
that the we and the City cannot agree as to the fair market value of the premises,each shall select
a qualified professional real estate appraiser, and the appraisers so selected shall select a third
qualified professional real estate appraiser,and the fair market value of the premises shall be the
average of the highest and lowest appraisals submitted by these three appraisers.
B. Representatives of the City may come upon our leased property as follows:
(1)At any and all times for the purpose of inspecting.
(2)At any time to gain needed access to other land.
(3)To plant and care for trees and other vegetation.
(4)To construct, operate and maintain sewer, water and gas pipes,
electrical lines and pipes and lines for other services and their
appurtenances.
(5)To improve and protect the shoreline.
(6)To do any other work necessary to maintain the lake or its structures.
15. DEFAULT: We understand that the City may, at its option,terminate this lease:
A. If we fail to perform our duties under this lease and fail to remedy the
non-performance after sixty(60)days written notice from the City.
B. If we fail to vacate at the end of the lease term.
C. If the lease has been transferred other than in accordance with the
provisions in paragraph 12.
D. Upon termination,the City may without further demand or notice,
enter and take possession of the premises and expel us or anyone else
found there without being guilty of forcible entry of trespass and without
liability for loss or damage. All buildings and other improvements at the
option of the City may become the City's property in full settlement as
liquidated damages.
16. PREFERENCE IN RE-LEASING: When this lease expires, or our heirs or devisees, if
we are not in default, shall be preferred by the City over all others for further leasing, subject to
applicable ordinances and regulations and for such term and upon payment of such rent as the
City may charge for the described real estate
Garold E. Smart Sarah L. Hinds
STATE OF ILLINOIS,
)SS.
COUNTY OF FULTON )
I,the undersigned,a Notary Public in and for said County in the State aforesaid, do
hereby certify that Garold E. Smart and Sarah L. Hinds,personally known to me to be the
same person(s)whose name(s)are subscribed to the foregoing instrument, appeared before me
this day in person and severally acknowledged that they signed, sealed, and delivered the said
instrument as their free and voluntary act for the uses and purposes therein set forth.
Given under my hand and notarial seal,this 7 day ofa)Pt,�yjnitt/, 20 /�
OFFICIAL SEAL Lb " 's��
CYNTHIA LYNN WEAVER No ,: Public
Notary Public-State of Illinois
c My Commission Expires 11/28/2020
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CITY OF CANTON, ILLINOIS
DEPARTMENT OF LAKE DEVELOPMENT
By:
Jeffrey tz,Mayor
Attest:
Diu : •avley-'oc , „Clerk
STATE OF ILLINOIS,
)SS.
COUNTY OF FULTON )
I,the undersigned, a Notary Public in and for said County in the State aforesaid,do
hereby certify that Jeffrey A. Fritz,Mayor and Diana Pavley-Rock,City Clerk, of the City of
Canton,Illinois,personally known to me to be the same persons and such officers,respectively,
whose names are subscribed to the foregoing instrument,appeared before me this day in person
and severally acknowledged that they signed, sealed and delivered the said instrument as the free
and voluntary act of the said City,for the uses and purposes therein set forth, pursuant to due
authority conferred by its Council.
Given under my hand and notarial seal,this I day of A6 pVeanla/A. , 20 le,
r
Notary Public
Send tax notice to:
pFFMIALSFaI
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Garold Smart and Sarah HindsCARq.
25900 N. Dal Bar Road NOTARY PUBLIC-FTATE
rate or ILLINOIS
csom%�+e
Canton, IL 61520 _ " .
CFFICUL SEAL
This instrument prepared by and-retneate4 NOTc.n aata
rnrcaMMomamne
City Attorney
City of Canton
2 N.Main Street
Canton,IL 61520
Telephone(309)647-2738
111111 IIIII IIIII IIIII IIIII IIIII IIIII IIII IIIIII IIII IIII
1673862
JAMES I. NELSON
COUNTY CLERK & RECORDER
FULTON COUNTY, IL
RETURN TO: RECORDED ON
TERRILLTITLE CO., INC. 12/09/2016 02:59:54PM
405 N. Main Street REC FEE: 60.00
Lewistown, IL 61542 PAG•
ES: 2
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ASSIGNMENT OF LAKESHORE LEASE
FOR VALUE RECEIVED,we,the undersigned,hereby assign unto Garold E.Smart and
Sarah L.Rinds,all of our right, title and interest in the following described real property:
Lots#36 and 37 of the Waveland Addition to Lake Canton
# 10-09-30-205-005(Lots 36 and 37)
25900 N.DaBar Road,Canton,IL 61520
Acquired by and through one certain"Lakeshore Lease"dated November 6,2009,
wherein the City of Canton is Lessor and the undersigned are the Lessees.
This assignment is subject to all of the terms and conditions of the foregoing described
Lakeshore Lease. This assignment shall not be valid and final unless and until the City of
n consents in • to this assignment
s 3.
Dustin It P itt A S.Pollitt
ken- RepPA
STATE OF ILLINOIS, )
) SS.
COUNTY OF FULTON )
I,the undersigned,a Notary Public in and for said County in the State aforesaid,do hereby
certify that Amy S.Pollitt,personally known to me to be the same person whose name is
subscribed to the foregoing instrument,appeared before me this day in person and acknowledged
that he signed,sealed,and delivered the foregoing instrument as his free and voluntary act, for
the uses and purposes therein set forth. �� �
GIVEN under my hand and Notarial Seal this Cr, day of mtn 201k.
tary Public "OFFICIAL SEAL"
STATE OF ILLINOIS, ) JENNIFER LUCAS
SS. Notary Public,State of Illinois f
COUNTY OF FULTON ) LMy Commission Expires 03/11/20203
I,the undersigned,a Notary Public in and for said County in the State aforesaid,do hereby
certify that Dustin R Pollitt,personally known to me to be the same person whose name is
subscribed to the foregoing instrument,appeared before me this day in person and acknowledged
that be signed,sealed,and delivered the foregoing instrument as his free and voluntary act,for
the uses and purposes therein set forth.
GIVEN under my hand and Notarial Seal this 7 day of /,•• At ,, 20ito
!Cr. . I�m/i / /. .. 1
_ _ _ - -__a a a _ _ . _ Notary '', c
SEAL
SL
CYNTHIA LYNN WEAVER
Notary Public-State of Illinois
My Commission Expires 11/26/2020
•
Ptqured by 2,4410ms4a:
City Attorney
City of Canton
2 N.Main Street
Canton,IL 61520
309-647-2738