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HomeMy WebLinkAbout#4168 Lakeshore Lease- 24624 E Lakeview Dr ORDINANCE NO. 4168 AN ORDINANCE AUTHORIZING A LEASE OF MUNICIPALLY OWNED REAL PROPERTY ADOPTED BY THE CITY COUNCIL OF THE CITY OF CANTON ILLINOIS: OCTOBER 1, 2019 PUBLISHED BY THE CITY CLERK PURSUANT TO THE AUTHORITY OF THE CITY COUNCIL OF THE CITY OF CANTON: OCTOBER 1, 2019 STATE OF ILLINOIS ) ) SS. COUNTY OF FULTON ) CERTIFICATE I, Diana Pavley-Rock, certify that I am the duly elected City Clerk of the CITY OF CANTON, FULTON COUNTY, ILLINOIS. further certify that on OCTOBER 1, 2019 , the City Council of such municipality passed and approved Ordinance No 4168 entitled: AN ORDINANCE AUTHORIZING A LEASE OF MUNICIPALLY OWNED REAL PROPERTY which proved by its terms that it should be published in pamphlet form. The pamphlet for Ordinance No. 4168including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted at City Hall, 2 North Main Street Canton IL, commencing on October 1, 2019 , and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the Office of the City Clerk. DATED AT CANTON, ILLINOIS, THI 1st D OF October, 2019 Diana Pavle - ock, CMC, City Clerk Seal City of Canton, Illinois J ORDINANCE NO. 4168 ORDINANCE AUTHORIZING A LEASE OF MUNICIPALLY OWNED REAL PROPERTY WHEREAS, the City of Canton owns the following described real property: Lot No. 07 of the Lakeview Addition to Lake Canton, Fulton County, Illinois. which property is generally located at 24624 E. Lakeview Drive, Canton, Illinois, has P.I.N. No. 10-09-30-202-004 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 5111- 76-2, notice has been given of the proposal to lease such real estate, said notice having first been published on August 28, 2019 and having been published at least once in the Fulton Democrat, 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 September 17, 2019; 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 Stephen L. Widger is hereby accepted by the City Council of the City of Canton for the lease of the following described real estate: Lot No. 7 of the Lakeview Addition to Lake Canton, Fulton County, Illinois. Commonly known as 24624 E. Lakeview Drive, Canton, Illinois,has P.I.N.No. 10- 09-30-202-004. 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 1St DAY OF OCTOBER, 2019. AYES: Aldermen Justin Nelson, Angela Lingenfelter, Jeff Fritz,Angela Hale, Craig West, John Lovell, Quin Mayhew, Ryan Mayhew NAYES: None ABSENT: None APPROVED THIS 1sT DAY OF OCTOBER, 2019. APPROVED: Kent A. McDoT!I,/-IAayor ATT Diana Pavley-Rock, City Clerk 111111 11111 111 I 1111111 IIIII 80 .12. 246 Tx:400fi93fi 1-987232 JENNIFER J.BANKERT COUNTY CLERK&RECORDER 1 FULTON COUNTY,IL RECORDED ON 09/27/2019 10:11 AM RECORDING FEE 67.00 PAGES:7 a'rhea'e9edi9e�k'e�9e�e��ede���FdeY�'es'edcdeekde�e�'e�r�ekak�e�ic9e'es'c�e�'c�'eleIr�fe�&�9eek9c�ale�'e�r�'e�ktr���:Ik�e�e�e�'e CITY OF CANTON LAKESHORE LEASE The City of Canton,an Illinois municipal corporation("C'ty")m s this lease with me, Stephen L.Widger,as tenant,("Lessee")on the , ay of 2019. 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: Lot 7 in Lakeview Addition to Lake Canton; situated in the County of Fulton and State of Illinois. 24624 E.Lakeview Drive,Canton,IL 61520 PIN#10-09-30-202-004 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: I may use the leased property for my residence. I may not use the property for other uses or purposes and at all times I must protect the lake. 4. RENT: As rent I 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. k 5. MORTGAGE: Notwithstanding the provisions of Paragraphs 12 hereof and in order to promote the leasing, care and improvement of the lake shore land, I may mortgage the leasehold ( hereby granted, together with all improvements now or by me 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 me or those claiming through or under me 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 I am required to do in the event the mortgagee should acquire title to the leasehold. 6. TAXES: I 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: I understand that I am to pay all charges for water, garbage removal, electricity, gas,wastewater treatment and/or disposal,or other service for my leased property. 8. RESIDENCE: I understand that I may use up to 80 x 100 feet of my leased area to build and then occupy one single family residence and appurtenances. I may not have more than one dwelling on my lot at any one time. Before I build anything on my lot, I 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. I must additionally obtain written approval (usually a building permit) from Fulton County. If I build without approval, the City may remove what I build and charge me for the removal. No one else's lien may attach to any improvement built without the City's written approval. Leaseholder may place on the leased premises items such as a garage, dock, boat lift or other related structure. If said garage, dock, boat lift or other related structure is found in disrepair, Leaseholder has thirty (30) days to either correct the defective conditions of said garage, dock, boat lift or other related structure or remove and replace them. If the garage, dock, boat lift or other related structure is replaced, whatever has been removed shall properly be disposed of in accordance with all applicable laws, rules and regulations. Repair and/or removal and replacement shall be at the sole expense of Leaseholder. If Leaseholder fails to correct the defective condition within the thirty (30) day period, the City reserves the right to take any remedial action necessary to correct the condition, including demolishing the garage, dock, boat lift or other related structure and disposing of same. The City shall be reimbursed by Leaseholder for any and all costs associated with the City's required remedial action, whether City engages in the corrective work or demolition work itself or hires a third party to engage in same. 2 9. PRIVATE SEWAGE DISPOSAL SYSTEMS:Private sewage disposal systems shall be permitted, installed, maintained and replaced in accordance with the rules and regulations as prescribed by the Illinois Department of Public Health, Fulton County Health Department, Illinois Environmental Protection Agency and U.S. Environmental Protection Agency. Private sewage disposal systems shall be inspected, at the cost of the Leaseholder, for proper operation and sludge levels at the time of lease renewal or transfer of lease. Documentation from the inspection shall be submitted to the City within five (5) days of the inspection completion. Private sewage disposal systems shall have tanks pumped for solids removal by a.licensed tank cleaning company every three (3) years. Documentation. from the tank cleaning company verifying their work has been completed shall be submitted to the City within five (5).days.of completion of their work. The systems shall be inspected by the Fulton County Health Department every ten(10)years. Documentation of completion of said inspections by the Fulton County Health Department shall be provided to the City within five (5) days of completion of their inspection. The systems utilizing aeriation equipment in conjunction with disinfection tanks shall have proper disinfection chemicals installed and must be functional at all times. Discharges from private sewage disposal systems shall not cause erosion issues or contribute to soil migration and those found to cause these issues must be replaced by Leaseholder at Leaseholder's expense. If Leaseholder's private sewage disposal system is found in disrepair,Leaseholder has thirty(3.0) days to either correct the defective conditions of said system or remove and replace said system. If the system is replaced it shall properly be disposed of in accordance with all applicable laws, rules and regulations. Repair and/or removal and replacement shall be at the sole expense of Leaseholder. If Leaseholder fails to correct the defective condition within the thirty (30) day period, the City reserves the right to take any remedial action necessary to correct the condition and dispose of the system. The City shall be reimbursed by Leaseholder for any and all costs associated with the City's required remedial action,whether City engages in the corrective work itself or hires a third party to engage in same. 10. INSURANCE: I understand that I shall obtain insurance in my own name on any improvements I make;however,the City will not be liable for damage to our property. 11. 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 my improvements or other property of mine by the action of the waters. 12. GENERAL REGULATIONS: I will: a. Keep my leased land neat and clean and free from noxious weeds and debris. Also, I 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 3. City so orders, I will connect to the sewer. In no instance will I allow sewage to enter the lake i from my lot. t c. Care for and protect from injury all shade and ornamental.trees, shrubbery, and sod and I 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 my lot to be denuded of vegetation or to be cultivated in such manner as to cause or permit soil erosion. Further I agree to maintain the shoreline in good condition. e. Exclude the general public from my lot and from that part of the lake within 25 feet of the shoreline of my lot. (except as to navigation) f. Obey all rules, regulations, and ordinances of the City pertaining to leased lots, the lake and surrounding lands and will not allow violations by my family, my guests or any other person on my 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. I 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 my lot; nor will I keep on my lot any domestic livestock,poultry,or noisy or dangerous dog. L Not do nor permit anything to be done or remain on my 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 my 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. 1. 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. I further will not install any separate structure such as a fence,post, etc.below the normal water surface. 13. TRANSFER: I understand I may not assign or transfer this lease or any interest in it although I may mortgage my leasehold. Similarly, the lease may not be transferred by a mortgagee, receiver, trustee in bankruptcy or other representative of me or my 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 4 i leased premises may be used by any person other than me; my family, guests, and employees without written consent of the City. T understand that the annual rent maybe adjusted upon transfer. i j Should I desire to assign or transfer this lease to any other person,I_shall first give written notice to the City with the name of the proposed transferee. i 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. 14. VOLUNTARY CANCELLATION: I may surrender this lease if Ihave fully performed my duties and thus be relieved of any further obligation under,it. 15. RESERVED RIGHTS OF CITY: A. I understand that if the City requires exclusive use of the Teased property for any public purpose, which is inconsistent with my occupancy of it, the City may terminate this lease by giving me six months written notice of its intention and paying me for the value of my improvements. If the City exercises its rights hereunder, it shall pay to me an amount equal to the value of the premises which shall not exceed the fair market value of the premises. In the event that the City and I 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 my 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. 16. DEFAULT: I understand that the City may, at its option,terminate this lease: A. If I fail to perform my duties under this lease and fail to remedy the non-performance after sixty(60)days written notice from the City. B. If I 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 me 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 5 - ! option of the City may become the City's property in.full settlement.as Iliquidated damages. 17. PREFERENCE IN RE-LEASING: When this lease expires, or our heirs or devisees, if I am 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 `C tephen L.Widger 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 Stephen L. Widger, 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 day of 20 OFFICIAL SEAL No Public CAROL E KOHLERY NOTARY PUBLIC-STATE OF ILLINOIS MY COMMISSION EXPIRES:10I02122 CITY OF CANTON,ILLKai:IS By: �,301 J, Kent A. Mc 1,Mayor Attest Diana Pavley-Rock, City Clerk STATE OF ILLINOIS, ) )SS. COUNTY OF FULTON ) 6 I, the undersigned, a Notary Public in and for said County in the State aforesaid, do hereby certify that Kent A. McDowell, 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 day of - ,201-1 OFFICIAL SEAL - CAROL E.KOHLE - 7! NOTARY PUBLIC-STATE OF ILLINOIS Notary Public MY COMMISSION EXPIRES:10102/22 Send tax notice to: Stephen L. Widger 24624 E.Lakeview Drive Canton,IL 61520 This instrument prepared by and return to: City Attorney City of Canton 2 N.Main Street Canton, IL 61520 Telephone(309)647-2738 7