HomeMy WebLinkAboutResolution #3061RESOLIITION N0. 3061
A RESOLDTION APPROVING AN AGREEMENT BETWEEN THE CITY OF CANTON AND
THE HCR LIMITED PARTNERSHIP I AND DIRECTING THE MAYOR AND CITY
CLERg TO E%ECDTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY
OF CANTON, ILLINOIS.
WHEREAS, the City Council of the City of Canton, Illinois
has reviewed the terms of the proposed agreement, a copy of which
is hereto attached and made a part hereof as Exhibit "A"; and,
WHERF,AS, the City Council of the City of Canton, Illinois
has determined that it is desirable and in the best interest of
the City of Canton to enter into said agreement.
NOW, T~'ORE, BE IT RESOLVED BY THE CITY COIINCIL OF THE
CITY OF CANTON, Fulton County, Illinois as follows:
1. That the agreement between the City of Canton and HCR
Limited Partnership I, which is attached hereto and made apart
hereof as Exhibit "A", is hereby approved.
2. That the Mayor and City Clerk are hereby authorized and
directed to execute and deliver said amended agreement on behalf
of the City of Canton, Illinois.
3. That the prior execution and delivery of the attached
document by the Mayor and City Clerk is hereby ratified and
confirmed.
L,.. That this Resolution shall be in full force and effect
immediately upon its passage by the City Council of the City of
Canton, Illinois.
County, Illinois at a regular meeting this 6~ day of August,
1991 upon a roll call vote as follows:
AYES; Aldermen. May, Barnett, Bohler, Steck, Sarf~, Coay, N~11eck.
NAYS: None.
ABSENT: Alderman Meade.
APPROVED:
~~~ ~~
onald E. Edwards, Mayor
ATTEST:
Nanc Whit , City Clerk.
AGREEMENT
THIS AGREEMENT is by and between the City of Canton, Illinois,
having an office at 210 East Chestnut, Canton, Illinois 61520 (the
"City"), and HCR Limited Partnership I, a Delaware limited
partnership, One SeaGate, 23rd Floor, Toledo, Ohio 43604-2616
("HCR"), by and through its sole general partner, HCR GP-1
Corporation, having the same address.
W Z T N E S S E T H
WHEREAS, HCR owns a nursing center known as Heartland Health
Care Center - Canton, located at 2081 North Main Street, Canton,
Illinois; and
WHEREAS, the City is engaged in a construction project along
the south border of the center, which includes the construction of
a new road (the "Project"); and
WHEREAS, the City is desirous of purchasing land and obtaining
an easement with respect to the southwest corner of the center's
property in order to facilitate the Project; and
WHEREAS, the City acknowledges its understanding that HCR is
undergoing a corporate restructuring wherein it is necessary to
maintain a current survey and title insurance policy for the
center, and that proceeding at this time will cause HCR to incur
additional expenses of updating such survey/ and title insurance
policy to reflect any conveyances to the City; and
WHEREAS, HCR is willing to convey the property and grant the
easement upon the terms and conditions set forth in this Agreement.
NOW, THEREFORE, for the consideration stated herein, the
receipt and sufficiency of which is hereby acknowledged, the
parties hereto do agree as follows:
1. HCR hereby agrees to convey to the City certain property
described in the form of deed attached hereto as Exhibit A.
2. HCR hereby agrees to grant the City a non-exclusive
easement over certain property described in the form of easement
attached hereto as Exhibit B. The construction work to be
performed on the easement shall be only such work as is consistent
with the engineer's specifications which are attached hereto as
Exhibit C.
3. The City shall pay to HCR in cash the sum of $2,000.00,
which shall include reimbursement for costs associated with HCR's
restructuring, described above. The City shall also reimburse HCR
for the reasonable and documented attorneys' fees of Fuller & Henry
and Bingham, Dana & Gould incurred in connection with this
transaction and any and all other costs and expenses associated
with the transactions, such as transfer taxes and recording fees.
4. The City hereby agrees to indemnify HCR and its
shareholders, directors, officers, agents and employees for, and
hold them harmless from, any and all liability, loss expenses
(including reasonable attorneys' fees), and claims for damages or
injury arising from acts or omissions by the City, its contractors,
subcontractors, and any employees or agents of the foregoing
("Agents") or arising from any breach of default on the part of the
City or its Agents in the performance of this Agreement or the
Project contemplated hereby. The City, upon notice from the party
seeking indemnification under this Section, shall defend at its
expense such action or proceeding. Nothing in this Agreement shall
be construed to limit any indemnity, contribution, or other rights
that the persons being indemnified may have under applicable law.
5. This Agreement, including the exhibits hereto, reflects
the entire Agreement between the parties, and supersedes any prior
Agreements or course of dealing that the parties may have had.
This Agreement can only be amended, modified, or waived by an
Agreement in writing signed by both parties.
IN WITNE88 WHEREOF, the parties have caused their duly
authorized representatives to execute this Agreement on the date
above first written.
City of Canton, Illinois: HCR Limited Partnership I
By: HCR GP-1 Corporation, General
Partner:
By: By: ~
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Title: Title: ~/
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EXHIBIT A
Document No. filed for Record in Recorder's office
of Fulton County, Illinois at
o'clock .M.
QUIT CLAIM DEED Recorder of Deeds
THIS INDENTURE WITNESSETH, That the Grantor, HCR Limited
Partnership I, by HCR GP-1 Corporation, its sole General Partner
duly organized and existing under and by virtue of the laws of the
State of Ohio and duly authorized to transact business in the
State where the following described real estate is located, for
and in consideration of One Dollar and other good and valuable
considerations, the receipt of which is hereby acknowledged, and
pursuant to authority given by the partnership, COPIVEY, QUIT CLAIM
and DEDICATE to THE CITY OF CANTON, an Illinois municipal
corporation, the following described real estate, to wit:
Part of the Northeast Quarter of Section 15, Township 7 North,
Range 4 East of the 4th P.M., in the City of Canton, Fulton
County, Illinois, to-wit:
Commencing at the southwest corner of sa$d Northeast Quarter;
thence along the south line of said Northeast Quarter
N88°-47'-01"E, 595.01 ft. to a point on the east right-of-way line
of Illinois Route 78; thence along said east right-of-way line
N43°-52'-13"W, 36.21 ft to a point, thence along a non-tangent
curve deflecting to the right having a radius of 5,669.58 ft., an
arc length of 485.14 ft., a chord bearing of N05°-58'-23"E, a
chord distance of 484.99 ft. to a point, thence N08°-22'-32"E,
118.71 ft. to a found iron pin, continue thence N08°-22'-32"E,
69.27 ft. to a point, thence N81°-53'-15"W, 15.33 ft. to a point,
thence N08°-14'-20"E, 170.79 ft. to a found concrete right-of-way
marker, thence along a curve def lecting to the right having a
radius of 3,392.75 f t., an arc length of 237.79 ft., a chord
bearing of N10°-38'-04"E, a chord distance of 237.74 ft. to a
point; thence N47°-39'-20"E, 24.64 ft. to a point, thence along a
non-tangent curve deflecting to the right having a radius of
3,377.75 ft., an arc length of 259.87 ft., a chord bearing of
N15°-14'-06"E, a chord distance of 259.81 ft. to the point of
beginning; continue thence along said east right-of-way line along
a curve deflecting to the right having a radius of 3,377.75 ft.,
an arc length of 30.00 ft., a chord bearing of N17°-41'-36"E, a
chord distance of 30.00 ft. to a point; thence leaving said east
right-of-way line of Illinois Route 78 S48°-04'-38"E, 41.49 ft. to
a point on the north line of an existing 60 ft. right-of-way of
Buckeye Street; thence with said existing north right-of-way line
S88°-46'-16"W, 40.00 ft. to the point of beginning, containing
0.013 acres. Subject to any and all easements, restrictions,
conditions, etc. of record, situated in the County of Fulton in
the State of Illinois.
IN WITNESS WHEREOF, said Grantor has caused its seal to be
hereto affixed, and has caused its name to be signed to these
presents by its General Partner and attested by its Secretary,
this day of July, 1991.
Attest:
HCR Limited Partnership I, by HCR
GP-1, its sole General Partner;
By:
STATE OF OHIO, )
SS.
COUNTY OF )
I, the undersigned, a Notary Public, in and for said County, in
the State aforesaid, do hereby certify that
personally known to me to be the
President of the sole General Partner of the Partnership which is
the grantor, and personally known to me
to be its Secretary and personally known to me to be the same
persons whose names are subscribed to the foregoing instrument,
appeared before me this day in person and severally acknowledged
that as such President and Secretary, they
signed and delivered said instrument as
President and Secretary of the sole General Partner and caused its
corporate seal to be affixed thereto, pursuant to authority of the
board of directors, as their free and voluntary act, and as the
free and voluntary act and deed of said partnership, for the uses
and purposes therein set forth.
THIS DOCUMENT PREPARED BY
AND RETURN T0:
JAMES H. MALMGREN
City Attorney
210 E. Chestnut Street,
Canton, Illinois 61520
Phone: (309) 647-0065
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SLOPE, GRADE AAll
IITILITY EASEI~IT
KNOW ALL MEN BY THESE PRESENTS, that HCR Limited Partnership I, by
HCR GP-1 Corporation, its sole General Partner, a corporation duly
organized and existing under and by virtue of the laws of the
State of Ohio, hereinafter called Grantor, in consideration of
One Dollar ($1.00) and other good and valuable considerations paid
by the City of Canton, Illinois, of Fulton County, Illinois,
hereinafter called the Grantee, the receipt and sufficiency of
which is hereby acknowledged, does hereby grant, bargain, sell,
transfer, and convey to said Grantee, its successors, and assigns,
a perpetual non-exclusive easement with the right to slope and
grade such easement and to erect, construct, install, and lay and
thereafter use, operate, inspect, repair, maintain, replace, and
remove public utilities and appurtenances over,•under and across
the following land owned by Grantor in Fulton County, State of
Illinois, hereby releasing and waiving all right under and by
virtue of the Homestead Exemption Laws of this State:
Part of the Northeast Quarter of Section 15, Township 7
North, Range 4 East of the 4th P.M., in the City of Canton, Fulton
County, Illinois, to-wit:
Commencing at the Southwest corner of said Northeast
Quarter; thence along the south line of said Northeast Quarter N88
degrees 47'-o1"E 595.01 ft. to a point on the easterly
right-of-way line of Illinois Route 78; thence along said east
right-of-way line N 43 degrees 52'-13"j'J 36.21 ft. to a point,
thence along a curve def lecting to the right having a radius of
5,669.58 ft., an arc length of 485.14 ft., a chord bearing of N 05
degrees 58'-23"E, a chord length of 484.99 ft. to a point, thence
N 08 degrees 22'-32''E 118.71 ft. to a found iron pin, continue
thence N 08 degrees 22'-32"E 69.27 ft. to a point; thence N 08
degrees 07'-41"E 170.76 ft. to a point, thence along a curve
deflecting to the right having a radius of 3,377.75 ft., an arc
length of 546.60 ft., a chord bearing of N 13 degrees 11'-34''E a
chord length of 546.07 ft. to the point of beginning, continue
thence along said right-of-way line along a curve def lecting to
the right having a radius of 3,377.75 ft., an arc length of 69.97
BOOK 1~ 5 ~ PAGE ~ j 7
ft., a chord bearing of N 18 degrees 32'-29"E, a chord length of
69.97 ft. to a point; thence leaving said east right-of-way line
of Illinois Route 78 S 74 degrees 12'-43"E 202.41 ft. to a point;
thence S 88 degrees 46'-16"E 100.00 ft. to a point; thence N 82
degrees 41'-53"E 101.12 ft. to a point; thence N 88 degrees
46'-16"E 203.00 ft. to a point; thence S 01 degrees 13'-44"E 20.00
ft. to a point on the north right-of-way line of Buckeye Street;
thence with said right-of-way line S 88 degrees 46'-16"W 589.94
ft. to a point; thence N 48 degrees 04'-38"W 41.49 ft. to the
point of beginning, containing 0.55 acres.,
reserving in the grantor the right to use the Easement (for any
reason not inconsistent with the grant of this Easement.)
The Grantee agrees to finish, grade and seed turfed areas
disturbed during construction or maintenance of said utility to
restore any pavements, walks, drives or other improvements to
their original condition, and to take reasonable precautions to
minimize damage to trees and shrubs during construction
operations. The consideration recited herein shall constitute
payment in full for all damages sustained by Grantor by reason of
the installation of the structures referred to herein, and the
Grantee will maintain such easement in a state of good repair and
efficiency so that no unreasonable damage will result from its use
to Grantors' premises. It is mutually agreed that the easement
herein granted shall be subject to the following special
provisions: None.
This Agreement is binding on the parties hereto, their
heirs, personal representatives, assigns and successors.
IN WITNESS ~+IHEREOF the said Grantor has caused its corporate
seal to be hereto affixed, and has caused its name to be signed to
these presents by its Vice president, and
' • ,.
aooK~1151 PAGE 13 S
attested by its Assistant Secretary, this 18th day of July, 1991.
a ~ /~
By:' o fret' G. M yers
ice Presi e t
Attest:
.. `.
~Sp ~r C.:~Ioler
~?~1~~i^9tant 3~ecretary.
~ 1r
~I
STATE OF~ OHIO )
LUCAS ) SS.
COUNTY OF
I, the undersigned, a Notary Public, in and for said County,
in the State aforesaid, do hereby certify that Geoffrey G. Meyers
personally known to me to be the Vice President of the sole General
Partner of the Partnership which is the grantor, and
Spencer C. Moler personally known to me to be its Assistant
Secretary and personally known to me to be the same persons whose
names are subscribed to the foregoing instru~hent, appeared before
me this day in person and severally acknowledged that as such Vice
President and Assistant Secretary, they signed and delivered said
instrument as Vice President and Assistant Secretary of the sole
General Partner and caused its corporate seal to be affixed
thereto, pursuant to authority of the board of directors, as their
free and voluntary act, and as the free and voluntary act and deed
of said partnership, for the uses and purposes therein set forth.
M commission pires - /- .S'
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THIS DOCUMENT PREPARED BY P~ jS`~ -;•;''i~• ~ ~` "~
AND RETURN TO : ( ~ ~~~~ JAMES H . MALMGREN .': ~: ~ `~' ~ ",
`~'`'z .b City Attorney . -` '
210 E. Chestnut Street -_
Canton, Illinois 61520 ~' °i ~" ~ . `'
Phone: (309) 647-0065 ~~,`-'.~ '~~• ~'~`
. ~ ~.