HomeMy WebLinkAboutResolution #1193#1193
A RESOLDTION APPROVING AN AGRRN':'
BETWEEN THE CITY OF CANTON AND THE METROPOLITAN
SANITARY DISTRICT OF GREATER CHICAGO
WHEREAS, the Legal and Ordinance Committee has determined that
it is necessary and in the best interest of the City of Canton to
enter into an Agreement with the Metropolitan Sanitary District of
Greater Chicago as set forth in Exhibit A to this Resolution; and,
WHEREAS, the Canton City Council has made a similar determination.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CANTON, Fulton County, Illinois, as follows:
1. That the attached Agreement, Exhibit A, by and between the
City of Canton and the Metropolitan Sanitary District of Greater
Chicago be, and the same hereby is, approved by the Canton City
Council.
2. That the Mayor and City Clerk are hereby authorized and
directed to execute and deliver said Agreement together with all
checks and other documents reasonably necessary to effectuate the
terms of said Agreement.
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 20th day of
January , 1987, upon a roll call vote as follows:
AYES: Aldermen Kovachevich, Zilly, Steck, Sarff, Workman,
Bohler, May, Chapman.
NAYS: None.
ABSENT: None.
~,
APPROVED : ~~'~"3-~~~~~ _,~
MAYOR.
ATTEST:
~.~i'"
- ity Clerk.
AGREEMENT
This Agreement made and entered into as of this 20th day of
January , 1987, WITNESSETH as follows:
1. Parties: The parties to this Agreement are the City of
Canton, an Illinois municipal corporation, with its principal
office at 210 E. Chestnut Street, Canton, IL 61520, hereinafter
called "Purchaser", and the Metropolitan Sanitary District of
Greater Chicago, an Illinois municipal corporation, with its
principal office at 100 E. Erie Street, Chicago, IL 60611,
hereinafter called "Seller".
2. Subject Matter: The subject matter of this Agreement is
the sale to Purchaser by Seller of the real estate set forth in
Exhibit A to this Agreement and the purchase by Purchaser from
Seller of the real estate set forth in Exhibit A to this Agreement.
3. Purchase Price: The purchase price of the real property
set forth in Exhibit A shall be One Hundred Seventy Thousand and
no/100 ($170,000.00) Dollars. Seller acknowledges receipt of Fifty
Thousand and no/100 Dollars ($50,000.00) from Purchaser on
September 26, 1986. The remaining balance of One Hundred Twenty
Thousand and no/100 ($120,000.00) Dollars shall be paid by
Purchaser to Seller in semiannual installments of Twenty Thousand
and no/100 ($20,000.00) Dollars each with the first such
installment to be made on December 31, 1987 and subsequent
installments to be made on or before June 30, 1988, December 31,
1988, June 30, 1989, December 31, 1989, and June 30, 1990.
Purchaser shall have the right of prepayment at any time.
4. Interest: The principal payments set forth in the
foregoing paragraph shall bear interest at the rate of 8$ per
annum. Such interest shall become due and payable at the same time
as the semiannual principal payments.
5. Conveyance: Conveyance by Seller to Purchaser shall be by
general Corporate Quit-claim Deed.
6. Proof of Status of Title: Seller shall provide Purchaser
with a Commitment to Insure Title in the amount of the purchase
price to be issued, if possible, by Chicago Title Insurance Company
through Fulton County Abstract Company, Lewistown, Illinois. Such
Commitment and the Title Policy to be issued shall reflect
merchantable title in Seller. All expenses in connection with
perfecting title and title insurance shall be paid by the Seller.
Seller shall be allowed a reasonable period of time, but not less
than 30 days, to cure any defects and to make said title
merchantable.
7. Time of Conveyance: Seller shall convey merchantable
title to the property set forth in Exhibit A to Purchaser within 30
days of the date of this Agreement.
8. Existing Tenancies: The parties recognize that the
subject real property is subject to an existing tenancy created
pursuant to Seller's Permit appertaining to Field 151. Seller
represents to the Purchaser that Seller, on or about September 30,
1986, gave notice to the Tenant of termination of the tenancy
effective December 31, 1986. Purchaser agrees to reimburse the
Tenant for any amounts due and owing under said Permit to the
Tenant by reason of the termination of said Permit. Further,
Purchaser agrees to save Seller whole and harmless by reason of any
claim or action brought by or through said Tenant based upon said
Permit and/or its termination.
9. Abatement of Taxes: Seller and Purchaser agree that the
real property set forth in Exhibit A is a portion of a larger tract
of property which is identified in Exhibit B to this Agreement.
Contemporaneously with this Agreement and the sale and purchase of
the real property set forth in Exhibit A, Seller agrees to
voluntarily petition Purchaser for the annexation and rezoning of
all property set forth in Exhibit B into the Corporate Limits of
the City of Canton, Illinois. Purchaser agrees, contemporaneously
with the passage of any Annexation Ordinance, to abate the City's
share of real estate taxes on all of the property set forth in
Exhibit B, excepting only the 100 acres identified in Exhibit A.
Such abatement shall be for a period of approximately 16~ years;
i.e., 20 years from date of July 1, 1983. After seven years from
the date of this Agreement, Seller shall have the right to petition
purchaser for the disconnection of any property set forth in Exhibit
(2>
B which has not been either acquired by Purchaser for its corporate
purposes, or, which has not been acquired by other developers in or
near Purchaser's Enterprise Industrial Park for industrial or
economic development/redevelopment purposes.
10. Real Estate Taxes: 1987 general real estate taxes, or,
prorata 1987 real estate taxes, as applicable, shall be paid by
Seller. The balance of 1987 general real estate taxes, if any, and
all subsequent real estate taxes and special assessments shall be
paid by Purchaser.
11. Exculpation Clause: Both Seller and Purchaser understand
that the real property set forth in Exhibit A is being purchased
for ultimate conveyance to the State of Illinois for use by the
State of Illinois as the site of a new State Correctional Center.
The parties to this Agreement understand that the State of Illinois
has certain requirements relative to the quality of real property
upon which such correctional centers are located. Satisfaction of
some of the requisite State criteria involve the making of test
borings and other tests and/or examinations to determine the
acceptability of the real property for State construction purposes.
Should the State of Illinois determine that the site as set forth
in Exhibit A to this Agreement is unacceptable for the location of
a State Correctional Facility, then both Seller and Purchaser agree
that this Agreement shall be and become a nullity, that Seller
shall reimburse to Purchaser all monies paid by Purchaser pursuant
to this Agreement, and that the parties to this Agreement shall
reassume their respective positions prior to entering into this
Agreement. In the event this Agreement becomes a nullity as
provided in this Paragraph 11, Purchaser shall remain liable to
Seller for Seller's cancellation costs as provided in the foregoing
Paragraph 8.
12. Binding Agreement: This Agreement shall be binding upon
each of Seller and Purchaser and upon each of Seller's and
Purchaser's respective successors and assigns. The Doctrine of
Merger shall not apply to this Agreement and this Agreement shall
survive the conveyance of title.
(3)
IN WITNESS WHEREOF
delivered by each of the
first above written.
this Agreement has been executed and
Seller and the Purchaser as of the date
CITY OF CANTON ("Purchaser"), an
Illinois municipal corporation,
BY: ~
Donald E. Edwards, Mayor.
ATTEST:
Nancy Whites, City Clerk. ~
METROPOLITIAN SANITARY DISTRICT
OF GREATER CHICAGO ("Seller"), an
Illinois municipal corporation,
BY:
Chairman, Committee on Finance. ~
ATTEST:
Secretary.
(4)
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Agreement No.
Exhibit A,
Page 1
~~~
3LA.lE 1"=400'
A part of the Southwest Quarter of Section 29 and a part of the
Northwest Quarter of Section 32, located in ZbHmship 7 North,
Range 4 East of the Fourth Principal Meridian, described as follows:
Beginning at the Northwest corner of the Southwest Quarter of
Section 29, Township and Range aforesaid, running thence N 89°43'
41" E, 73.29 feet; thence South 48.28 feet to an existing concrete
right-of-way marker, said point being the true point of beginning;
thence S 42°58'19" W, 68.80 feet to an existing concrete right~f-
way marker; thence following the East right-of-way of County Route
21 A S 0°38'27" W, 1666.34 feet to an existing concrete right-of-
way marker; thence following the arc of a curve to the left a distance
of 1371.50 feet, whose chord bears S 44°42'18" E, 1231.50 feet to an
existing concrete right-of-way marker; thence S 0°07'28" W, 4.5 feet;
thence N 89°44'45" E, 680.88 feet. to an existing concrete right-of-
way marker; thence N 89°19'34" E, 105.92 feet; thence along the arc
of a curve to the right a distance of 78.99 feet, whose chord bears
S 80°55'49" E, 78.96 feet; thence leaving said right~f-way of County
Route 21 A N 0°38'27" E, 2611.84 feet to a point on the South right-
of-way of Illinois State Route 9; thence along said right-of-way
S 89°45'31" W, 1694.74 feet to the true point of beginning. Said
tract containing 100.00 acres.
Agreement No.
Exhibit A,
Page 2
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Tract I
Imo; ~ Description
A part of the Southwest Quarter of Section 29 and a part of the Northwest
Quarter of Section 32, located in Township 7 North, Range 4 East of the
Fourth Principal r9exidian, F1~lton County, Illinois, described as follows:
Beginnir~ at the Northwest corner of the Southwest Quarter of Section 29,
Township and Range aforesaid, mm~ing thence N 89°43'41" E, 73.29 feet;
thence South 48.28 feet to an existing: concrete right~f-way marker, said
point being the true point of beginning; thence S 42°58'19" W, 68.80 feet
to an existing concrete right~f-way marker; thence following the East
right-of-way of County Route 21-A S 0°38'27" W, 1666.34 feet to an existing
concrete right~f-way marker; thence following the arc of a curve to the
left a distance of 1371.50 feet, whose chord bears S 44°42'18" E, 1231.50
feet to an existing concrete right-of-way marker; thence S 0°07'28" W, 4.5
feet; thence N 89°44'45" E, 680.88 feet to an existing concrete right-of-
way marker; thence N 89°19'34" E, 105.92 feet; thence along the arc of a
curve to the right a distance of 613.03 feet, whose chord bears S 64°36'47"
E, 602.16 feet to an existing concrete right-of-way marker; thence along
the arc of a curve to the right a distance of 771.83 feet, whose cord bears
S 22°57'09" E, 750.22 feet; thence S 0°37'21" W to a'point on the North
right~f-way line of Enterprise Drive; thence leaving County Highway 21 A
and following the North right-of-way line of Enterprise Drive in a North
zasterly direction too a point on the west line of the Northeast Quarter of
the Northeast Quarter of said Section 32; thence following along the West
line of said Quarter quarter section in a Northerly direction to the South-
east corner of the Southeast Quarter of the Southeast Quarter of said
Section 29; thence Northerly along the West line of the Southeast Quarter
of the Southeast Quarter of said Section 29 to the Southeast corner of the
Northwest Quarter of the Southeast Quarter of said Section 29; thence nauzing
in a Northwesterly direction to the most southerly ~ concrete right
of-way marker located on the West lime of the Southeast Quarter of said
Section 29; thence N O1°56'14" E, 34.33 feet to an existing concrete right
of-way marker; thence along the South right-of-way of Illinois State Route
9 S 89°45'31" W, 2542.35 feet to an existing concrete right-of-way marker,
said point also being the true point of beginning, said tract oonta;n;f,g
243.763 acres more or less.
Agreement No.
Exhibit B,
Page 2
AGREEMENT N0. 494
AGREEl~NT
This Agreement made and entered into as of this 22nd day of
January 1987, WITNESSETH as follows:
1. Parties: The parties to this Agreement are the City of
Canton, an Illinois municipal corporation, with its principal
office at 210 E. Chestnut Street, Canton, IL 61520, hereinafter
called "Purchaser", and the Metropolitan Sanitary District of
Greater Chicago, an Illinois municipal corporation, with its
principal office at 100 E. Erie Street, Chicago, IL 60611,
hereinafter called "Seller".
2. Subject Matter: The subject matter of this Agreement is
the sale to Purchaser by Seller of the real estate set forth in
Exhibit A to this Agreement and the purchase by Purchaser from
Seller of the real estate set forth in Exhibit A to this Agreement.
3. Purchase Price: The purchase price of the real property
set forth in Exhibit A shall be One Hundred Seventy Thousand and
no/100 ($170,000.00) Dollars. Seller acknowledges receipt of Fifty
Thousand and no/100 Dollars ($50,000.00) from Purchaser on
September 26, 1986. The remaining balance of One Hundred Twenty
Thousand and no/100 ($120,000.00) Dollars shall be paid by
Purchaser to Seller in semiannual installments of Twenty Thousand
and no/100 ($20,000.00) Dollars each with the first such
installment to be made on December 31, 1987 and subsequent
installments to be made on or before June 30, 1988, December 31,
1988, June 30, 1989, December 31, 1989, and June 30, 1990.
Purchaser shall have the right of prepayment at any time.
4. Interest: The principal payments set forth in the
foregoing paragraph shall bear interest at the rate of 8~ per
annum. Such interest shall become due and payable at the same time
as the semiannual principal payments.
5. Conveyance: Conveyance by Seller to Purchaser shall be by
general Corporate Quit-claim Deed.
6. Proof of Status of Title: Seller shall provide Purchaser
with a Commitment to Insure Title in the amount of the purchase
1
price to be issued, if possible, by Chicago Title Insurance Company
through Fulton County Abstract Company, Lewistown, Illinois. Such
Commitment and the Title Policy to be issued shall reflect
merchantable title in Seller. All expenses in connection with
perfecting title and title insurance shall be paid by the Seller.
Seller shall be allowed a reasonable period of time, but not less
than 30 days, to cure any defects and to make said title
merchantable.
7. Time of Conveyance: Seller shall convey merchantable
title to the property set forth in Exhibit A to Purchaser within 30
days of the date of this Agreement.
8. Existing Tenancies: The parties recognize that the
subject real property is subject to an existing tenancy created
pursuant to Seller's Permit appertaining to Field 151. Seller
represents to the Purchaser that Seller, on or about September 30,
1986, gave notice to the Tenant of termination of the tenancy
effective December 31, 1986. Purchaser agrees to reimburse the
Tenant for any amounts due and owing under said Permit to the
Tenant by reason of the termination of said Permit. Further,
Purchaser agrees to save Seller whole and harmless by reason of any
claim or action brought by or through said Tenant based upon said
Permit and/or its termination.
9. Abatement of Taxes: Seller and Purchaser agree that the
real property set forth in Exhibit A is a portion of a larger tract
of property which is identified in Exhibit B to this Agreement.
Contemporaneously with this Agreement and the sale and purchase of
the real property set forth in Exhibit A, Seller agrees to
voluntarily petition Purchaser for the annexation and rezoning of
all property set forth in Exhibit B into the Corporate Limits of
the City of Canton, Illinois. Purchaser agrees, contemporaneously
with the passage of any Annexation Ordinance, to abate the City's
share of real estate taxes on all of the property set forth in
Exhibit B, excepting only the 100 acres identified in Exhibit A.
Such abatement shall be for a period of approximately 16~ years;
i.e., 20 years from date of July 1, 1983. After seven years from
the date of this Agreement, Seller shall have the right to petition
purchaser for the disconnection of any property set forth in Exhibit
(2)
B which has not been either acquired by Purchaser for its corporate
purposes, or, which has not been acquired by other developers in or
near Purchaser's Enterprise Industrial Park for industrial or
economic development/redevelopment purposes.
10. Real Estate Taxes: 1987 general real estate taxes, or,
prorata 1987 real estate taxes, as applicable, shall be paid by
Seller. The balance of 1987 general real estate taxes, if any, and
all subsequent real estate taxes and special assessments shall be
paid by Purchaser.
11. Exculpation Clause: Both Seller and Purchaser understand
that the real property set forth in Exhibit A is being purchased
for ultimate conveyance to the State of Illinois for use by the
State of Illinois as the site of a new State Correctional Center.
The parties to this Agreement understand that the State of Illinois
has certain requirements relative to the quality of real property
upon which such correctional centers are located. Satisfaction of
some of the requisite State criteria involve the making of test
borings and other tests and/or examinations to determine the
acceptability of the real property for State construction purposes.
Should the State of Illinois determine that the site as set forth
in Exhibit A to this Agreement is unacceptable for the location of
a State Correctional Facility, then both Seller and Purchaser agree
that this Agreement shall be and become a nullity, that Seller
shall reimburse to Purchaser all monies paid by Purchaser pursuant
to this Agreement, and that the parties to this Agreement shall
reassume their respective positions prior to entering into this
Agreement. In the event this Agreement becomes a nullity as
provided in this Paragraph 11, Purchaser shall remain liable to
Seller for Seller's cancellation costs as provided in the forgoing
Paragraph 8. '
12. Binding Agreement: This Agreement shall be binding upon '
each of Seller and Purchaser and upon each of Seller's and
Purchaser's respective successors and assigns. The doctrine of merger
shall not apply to this Agreement, and this :~~reement shall survive the conveyance
of title.
(3)
IN WITNESS WHEREOF
delivered by each of the
first above written.
this Agreement has been executed and
Seller and the Purchaser as of the date
CITY OF CANTON ("Purchaser"), an
Illinois municipal corporation,
-~-,
BY : ~ ~ ~--o.-. cJ~2 ,
Donald Edwards, Mayor.
ATTEST:
~Y ,
a cy Whi es, City Clerk.
METROPOLITIAN SANITARY DISTRICT
OF GREATER CHICAGO ("Seller"), an
Illinois municipal corporation,
BY : ~ ~
C airman, Co it ee on Finance.
ATTEST:
e o t e District
(4)
APPROVED AS TO FORM AND LEGALITY:
(J .
Head Assistant A torney
~~
ttorney
_,
`-~ _._ r-a3-g
APP ROVED
General Superintendent
. 4
TRUE POINT
OF BElaINNINLi
WEST LINE
~EGT10N 24
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~-~3.z9• ILL. STATE RTE. ~
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TRACT I
100.000 AGRE3
3ouTH LINE
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7 8.9 V'
Agreement No. ~ 494
Exhibit A,
Page 1
SCALE I"=400'
,, ~ /~
-,
A part of the Southwest Quarter of Section 29 and a part of the
Northwest Quarter of Section 32, located in Township 7 North,
Range 4 East of the Fourth Principal Meridian, described as follows:
Beginning at the Northwest corner of the Southwest Quarter of
Section 29, Township and Range aforesaid, running thence N 89°43'
41" E, 73.29 feet; thence South 48.28 feet to an existing o~ncrete
right-of-way marker, said point being the true point of beginning;
thence S 42°58'19" W, 68.80 feet to an existing concrete right-of-
way marker; thence following the East right-of-way of County Route
21 A S 0°38'27" W, 1666.34 feet to an existing concrete right-of-
way marker; thence following the arc of a curve to the left a distance
of 1371.50 feet, whose chord bears S 44°42'18" E, 1231.50 feet to an
existing concrete right-~f-way marker; thence S 0°07'28" W, 4.5 feet;
thence N 89°44'45" E, 680.88 feet. to an existing concrete right-of-
way marker; thence N 89°19'34" E, 105.92 feet; thence along the arc
of a curve to the right a distance of 78.99 feet, whose chord bears
S 80°55'49" E, 78.96 feet; thence leaving said right~f-way of County
Route 21 A N 0°38'27" E, 2611.84 feet to a point on the South right-
of-way of Illinois State Route 9; thence along said right~f-way
S 89°45'31" W, 1694.74 feet to the true point of beginning. Said
tract containing 100.00 acres.
Agreement No. 4_
Exhibit A,
Page 2
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Tract I
Legal Description
A part of the Southwest Quarter of Section 29 and a part of the Northwest
Quarter of Section 32, located in Township 7 North, Range 4 East of the
Fourth Principal Dleridian, Elton County, Illinois, described as follows:
Beginning at the Northwest o~rner of the Southwest Quarter of Section 29,
Township and Range aforesaid, running thence N 89°43'41" E, 73.29 feet;
thence South 48.28 feet to an existing,. concrete right~f-way marker, said
point being the true point of beginning; thence S 42°58'19" W, 68.80 feet
to an existing concrete right~f-way marker; thence following the East
right-of-way of Cotmty Route 21 A S 0°38'27" W, 1666.34 feet to an existing
concrete right-of-way marker; thence following the arc of a curve to the
left a distance of 1371.50 feet, whose chord bears S 44°42'18" E, 1231.50
feet to an existing concrete right-of-way marker; thence S 0°07'28" W, 4.5
feet; thence N 89°44'45" E, 680.88 feet to an existing concrete right-of-
way marker; thence N 89°19'34" E, 105.92 feet; thence along the arc of a
curve to the right a distance of 613.03 feet, whose chord bears S 64°36'47"
E, 602.16 feet to an existing concrete right~f-way marker; thence along
the arc of a curve to the right a distance of 771.83 feet, whose cord bears
S 22°57'09" E, 750.22 feet; thence S 0°37'21" W to a~point on the Nc?*_+~
right-~f-gray line of Enterprise Drive; thence leaving County Highway 21-A
and following the North right-of-Tway line of Enterprise Drive in a North
easterly direction to a point on the west line of the Northeast Quarter of
the Northeast Quarter of said Section 32; thence following along the West
line of said Quarter rniari-ar section i11 a Northerly direction to the South-
east corner of the Southeast Quarter of the Southeast Quarter of said
Section 29; thence Northerly along the West line of the Southeast Quarter
of the Southeast Quarter of said Section 29 to the Southeast corner of the
Northwest Quarter of the Southeast Quarter of said Section 29; thence naming
in a Northwesterly direction to the most southerly existing coc~csete right
of~way marker located on the West line of the Southeast Quarter of said
Section 29; thence N O1°56'14" E, 34.33 feet to an existing conc:.~ete right
of-way marker; thence aloes the South right-bf-way of Illimis State Route
9 S 89°45'31" W, 2542.35 feet to an existing concrete right~f-way marker,
said point also being the trove point of beginning. said tract containing
243.763 acres more or less.
Agreement No. 494
Exhibit B,
Page 2
BEFORE THE CITY OF CANTON PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE PETITION )
FOR ANNEXATION AND RE-ZONING OF: )
THE METROPOLITAN SANITARY DISTRICT )
OF GREATER CHICAGO. )
NOTICE OF HEARING
,~~,~, day of January, 1987.
(Nan y Whites), City Clerk.
T0: Copperas Creek Fire Copperas Creek Fire Cooperas Creek Fire
Protection Dist. Protection Dist. Protection Dist.
Dewey J. Fidler $Jerry Luper $Gover Beaird
RR #3 RR #5 P.O. Box 1
Canton, IL 61520 Canton, IL 61520 Norris, IL 61553
NOTICE IS HEREBY GIVEN TO YOU, AND EACH OF YOU, AS FOLLOWS:
1. A Petition for Annexation and Re-Zoning of approximately
243.763 acres of certain real property therein more particularily set
forth has been filed with the City of Canton by the Metropolitan
Sanitary District of Greater Chicago. A true and correct copy of
that petition is hereto attached.
2. Hearing on said petition is scheduled for date of February
9, 1987 commencing at the hour of 7:00 o'clock P.M. before the City
of Canton Planning and Zoning Commission in the City Council
Chambers, City Building, 210 E. Chestnut Street, Canton, Illinois.
At that time and place you may appear and be heard on all matters
touching upon said petition.
3. This notice is given to you in your capacities as Trustees
of the Copperas Creek Fire Protection district pursuant to Division
1, Article 7, Chapter 24, Illinois Revised Statutes (1985) and
local ordinance.
STATE OF ILLINOIS,
COUNTY OF FULTON.
AFFIDAVIT OF SERVICE
SS.
NANCY WHITES, being first duly sworn, deposes
and says on oath that as City Clerk of the City of Canton she did
cause the foregoing notice to be served upon the Trustees of the
Copperas Creek Fire Protection District, and each of them, by
mailing true and correct copies of the same by certified mail,
return receipt requested, at their addresses as above set forth and
deposited in the United States Mail at Canton, Illinois on the 23rd
day of January, 1987, postage fully prepaid.
ancy ites.
SUBSCRIBED AND SWORN TO before me this 23rd day of January, 1987.
Nota Pu lic.
PETITION FOR A1~RxATION
AND RE-ZONING
COMES NOW the Metropolitan Sanitary District of Greater
Chicago, an Illinois municipal corporation, owner of the premises
hereinafter described, and petitions the City Council of the City
of Canton, Fulton County, Illinois to annex to said City and
re-zone the following described real estate, and in support thereof
says as follows:
1. That the real estate which is the subject matter of this
Petition is legally described as set forth in the annexation plat
hereto attached, identified as Exhibit "A", and herein incorporated
by reference as fully as though set forth at this place verbatim.
2. That the real estate sought to be annexed and re-zoned is
not within the corporate limits of any municipality but is
contiguous to the City of Canton, Illinois.
3. That there are no electors residing in the territory
sought to be annexed and re-zoned.
4. That the Petitioner is the fee owner of the aforesaid real
estate.
5. That the real estate sought to be annexed and re-zoned is
part of the Canton Community Fire Protection District but is not
part of any library district.
6. That proper notice of the filing of this Petition for
Annexation and Re-Zoning has been given to the Trustees of the
Canton Community Fire Protection District as provided by law and
that an affidavit that service of notice has been made as provided
by law has been filed with the Fulton County Recorder of Deeds.
7. That the real estate sought to be annexed and re-zoned has
been previously used for agricultural purposes and is presently
zoned by Fulton County as. I-1, Light Industrial; that said real
property is best suited for industrial purposes and should be
annexed to the City of Canton, Illinois in an I-2, Heavy Industrial
Zoning Classification.
8. That the highest and best use of the real estate sought to
be annexed and re-zoned is heavy industrial.
WHEREFORE, Petitioner respectfully requests that the above
described real property be annexed to the City of Canton, Fulton
County, Illinois and re-zoned to I-2, Heavy Industrial under the
City of Canton's zoning ordinance, pursuant to ordinance and
- Chapter 24, §7-1-8 of the Illinois Revised Statutes (1985).
METROPOLITAN SANITARY DISTRICT OF
GREATER CHICAGO, an Illinois municipal
corporation,
BY:
Chairman, Committee on Finance
ATTEST:
Clerk.
STATE OF ILLINOIS, )
SS.
COUNTY OF COOK. )
being first duly sworn,
upon his oath. deposes and .says that he is
of the Metropolitan Sanitary District of Greater
Chicago, an Illinois municipal corporation, and, in such capacity
has read-and subscribed the foregoing; that the matters and things
set forth above are, to the best of affiant's knowledge, true,
accurate and correct.
SUBSCRIBED AND, SWORN to before me this day of ,
1986.
~-
Notary Public.
APPROVED:
Real Estate.Administrator
-2-
.,
~,
APPROVED AS TO FORM AND LEGALITY:
Principal Assistant Attorney
Attorney
APPROVED:
General Superintendent.
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Tract I
Legal Description
A part of the Southwest Quarter of Section 29 and a part of the Northwest
Quarter of Section 32, located in Township 7 North, Range 4 East of the
Fourth Principal D4eridian, Fulton County, Illinois, described as follows:
Begiruiing at the Northwest corner of the Southwest Quarter of Section 29,
Township and Range aforesaid, running thence N 89°43'41" E, 73.29 feet;
thence South 48.28 feet to an existing wncrete rightrof-way marker, said
point being the true point of beginning; thence S 42°58'19" W, 68.80 feet
to an existing concrete right-of-way marker; thence following the East
rightrof-way of County Route 21-A S 0°38'27". W, 1666.34 feet to an existing
concrete right-of-way marker; thence following the arc of a curve to the
left a distance of 1371.50 feet, whose chord bears S 44°42'18" E, 1231.50
feet to an existing concrete rightrof-way marker; thence S 0°07'28" W, 4.5
feet; thence N 89°44'45" E, 680.88 feet to an existing concrete rightrof-
way marker; thence N 89°19'34" E, 105.92 feet; thence along the arc of a
curve to the right a distance of 613.03 feet, whose chord bears S 64°36'47"
E, 602.16 feet to an existing concrete rightrof-way marker; thence along
the arc of a curve to the right a distance of 771.83 feet, whose cord bears
S 22°57'09" E, 750.22 feet; thence S 0°37'21" W to a point on the North
right-of-way line of Enterprise Drive; thence leaving County HighFray 21 A
and following the North rightrof way line of Enterprise Drive in a North-
easterly direction to a point on the west line of the Northeast Quarter of
the Northeast Quarter of said Section 32; thence following along the West
line of said Quarter quarter section in a Northerly direction to the South-
east corner of the Southeast Quarter of the Southeast Quartex of said
Section 29; thence Northerly along the West line of the Southeast Quarter
of the Southeast Quarter of said Section 29 to the Southeast corner of the
Northwest Quarter of the Southeast Quarter of said Section 29; thence running
in a Northwesterly direction to the mast southerly existing eoricrete right-
ofway marker located on the West line of the Southeast Quarter of said
Section 29; thence N O1°56'14" E, 34.33 feet to an existing concrete right-
ofway marker; thence along the South right-of-way of Illirbis State RQUte
9 S 89°45'31" W, 2542.35 feet to an existing concrete right-~f-way marker,
said point also being the true point of beginning, said tract containing
243.763 acres irore or less.
EXHIBIT A
..
PETITION FOR ANNEXATION
AND RE-ZONING
COMES NOW the Metropolitan Sanitary District of Greater
Chicago, an Illinois municipal corporation, owner of the premises
hereinafter described, and petitions the City Council of the City
of Canton, Fulton County, Illinois to annex to said City and
re-zone the following described real estate, and in support thereof
says as follows:
1. That the real estate which is the subject matter of this
Petition is legally described as set forth in the annexation plat
hereto attached, identified as Exhibit "A", and herein incorporated
by reference as fully as though set forth at this place verbatim.
2. That the real estate sought to be annexed and re-zoned is
not within the corporate limits of any municipality but is
contiguous to the City of Canton, Illinois.
3. That there are no electors residing in the territory
sought to be annexed and re-zoned.
4. That the Petitioner is the fee owner of the aforesaid real
estate.
S. That the real estate sought to be annexed and re-zoned is
part of the Canton Community Fire Protection District but is not
part of any library district.
6. That proper notice of the filing of this Petition for
Annexation and Re-Zoning has been given to the Trustees of the
Canton Community Fire Protection District as provided by law and
that an affidavit that service of notice has been made as provided
by law has been filed with the Fulton County Recorder of Deeds.
7. That the real estate sought to be annexed and re-zoned has
been previously used for agricultural purposes and is presently
zoned by Fulton County as. I-1, Light Industrial; that said real
property is best suited for industrial purposes and should be
annexed to the City of Canton, Illinois in an I-2, Heavy Industrial
Zoning Classification.
8. That the highest and best use of the real estate sought to
be annexed and re-zoned is heavy industrial.
WHEREFORE, Petitioner respectfully requests that the above
described real property be annexed to the City of Canton, Fulton
County, Illinois and re-zoned to I-2, Heavy Industrial under the
City of Canton's zoning ordinance, pursuant to ordinance and
Chapter 24, §7-1-8 of the Illinois Revised Statutes (1985).
METROPOLITAN SANITARY DISTRICT OF
GREATER CHICAGO, an Illinois municipal
corporation,
BY : ~• ,
Chairman, Committee on Finance
ATTEST:
Clerk.
STATE OF ILLINOIS, )
SS.
COUNTY OF COOK. )
.T~ M c s C , CC'r r'r ~ , being first duly sworn,
upon his oath. deposes and says that he is C t, ~,~,., ~,,., ® ~ l rn an c ~.
of the Metropolitan Sanitary District of Greater
Chicago, an Illinois municipal corporation, and, in such capacity
has read and subscribed the foregoing; that the matters and things
set forth above are, to the best of affiant's knowledge, true,
accurate and correct. .
_ /, ^ ,
SUBSCRIBED AND, SWORN to before me this ~~ ~ day of ~~., vh r y ,
~ 6 IN ~~CeC~ Gt.~vt~fia o;.--,.,~-~--
Notary
OVED:
----_-_
al Estate.Administrato
c.
-2-
APPROVED AS TO FORM AND LEGALITY:
P i cipal Assistant Attorney
. _'~. ~
,~ _..
Attorney
APPROVED:
r. ~
~ ~~~
General Superintendent.
~ ~o
Wz
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Tract I
Legal Description
A part of t1~e Southwest Quarter of Section 29 and a part of the Northwest
Qu~-~rter of Section 32, located in Township 7 North, Range 4 East of the
Fourt}i Principal Meridian, Fulton County, Illinois, described as follows:
Beginning at the Northwest corner of the Southwest Quarter of Section 29,
Township atxi Range aforesaid, running thence N 89°43'41" E, 73.29 feet;
t}ience South 48.28 feet to ati existing concrete rightrof-way marker, said
point being the true point of beginning; thence S 42°58'19" W, 68.80 feet
to an existing concrete rightrof-way marker; thence following the East
rightrof-way of County Route 21-A S 0°38'27". W, 1666.34 feet to an existing
concrete right-of-way marker; thence following the arc of a curve to the
left a distance of 1371.50 feet, whose chord bears S 44°42'18" E, 1231.50
feet to an existing concrete rightrof-way marker; thence S 0°07'28" W, 4.5
feet; thence N 89°44'45" E, 680.88 feet to an existing concrete right-of-
way marker; thence N 89°19'34" E, 105.92 feet; thence along the arc of a
curve to the right a distance of 613.03 feet, whose chord bears S 64°36'47"
E, 602.16 feet to an existing concrete rightrof-way marker; thence along
the arc of a curve to the right a distance of 771.83 feet, whose cord bears
S 22°57'09" E, 750.22 feet; thence S 0°37'21" W to a point on the North
right-of-way line of Enterprise Drive; thence leaving County HighHray 21-A
and following the North rightrof way line of Enterprise Drive in a North-
easterly direction t~ a point on the west line of the Northeast Quarter of
the Northeast Quarter of said Section 32; thence following along the West
line of said Quarter quarter section in a Northerly direction to the South-
east corner of the Southeast Quarter of the Southeast Quarter of said
Section 29; thence Northerly along the West line of the Southeast Quarter
of the Southeast Quarter of said Section 29 to the Southeast corner of the
Northwest Quarter of the Southeast Quarter of said Section 29; thence rurulisig
in a Northwesterly direction to the most southerly existing ooricrete right
of-way marker located on the West line of the Southeast Quarter of said
Section 29; thence N O1°56'14" E, 34.33 feet to an existing concrete right-
ofway marker; thence along the South rightrof-way of Illirois State Route
9 S 89°45'31" W, 2542.35 feet to an existing concrete right-of-way marker,
said point also being the true point of beginning, said tract containing
243.763 acres more or less.
EXHIBIT A
t
A F F I D A V I T
STATE OF ILLINOIS,
COUNTY OF FULTON.
SS.
NANCY WHITES, being first duly sworn upon-her oath deposes and
says as follows:
1. That her name is Nancy Whites; that she is now the duly
elected and qualified City Clerk of the City of Canton, Fulton
County, Illinois; that she makes this Affidavit in her capacity as
City Clerk.
2. Affiant makes this affidavit in conformity with Section 1,
Division 1, Article 7, Chapter 24, Illinois Revised Statutes
(1985).
3. Affiant did, on date of January 23 1987, cause notice
of hearing on the Petition for Annexation and Re-Zoning of the
Metropolitan Sanitary District of Greater Chicago to be served upon
the Trustees of the Copperas Creek Fire Protection District,
formerly the Canton Community Fire Protection District. Service
was made by depositing said notice in the United States Mail at
Canton, Illinois, certified mail, return receipt requested, in
envelopes plainly addressed to said Trustees with postage thereon
fully prepaid.
4. Hearing on said Petition is set for date of February 9,
1987. The real property affected by said Petition is described
in Exhibit A attached.
5. Further, Affiant saith not.
J ~4
~' ~ /C/
Nancy Whites, City Clerk.
SUBSCRIBED AND SWORN TO before me this 23rd day of January, 1987,
by Nancy Whites, City Clerk, City of Canton, Fulton County,
Illinois, to me personally known.
No ry Public.
Prepared by and
return to: City Attorney
City Building
210 E. Chestnut St.
Canton, IL 61520
. ~
A part of the Southwest Quarter of Section 29 and a part of the Northwest
Quarter of Section 32, located in Township 7 North, Range 4 East of the
Foci Principal Meridian, Fulton County, Illinois, des~ibed as follows:
$eginni~ at the Northwest career of the Southwest Quarter of Sectien 29,
Township and Range afo*~°~~d, =tauvng thence N 89°43'41" E, 73.29 feet;
them South 48.28 feet to an existing, concrete right-of-way mares, said
point being the true point of ~g;nning; ~hpnM S 42°58'I9" W, 68.80 feet
to an ex; ~-; ~ con~ete right~f-way marker; following the East
right-vf-way of County Route 21-A S. 0°38'27" W, 1666.34 feet to an ~cistinq
concrete right~f-way marker; then; following the arc of a cisve to the
left a distance of 1371.50 feet, whose chord bears S 44°42'I8" E, I23I.50
feet to an ~~ ~-~ ng amcrete right-of-way marker; thence S 0° 07' 28" W, 4.5
feet; tt~u~ N 89°44' 45" E, 680.88 feet to an ~; ~-;*+g v~c:rete riq}it-of_
way marker; thence N 89°19'34" E, 105.92 feet; tt~ almzg the arc of a
curve to the right a distance of 613.03 feet, whose ctnrd bears S 64°36'47"
E, 602.16 feet to an ~ ~-;*+q concrete right-of-way marJser; thence along
the arc of a curve to the right a d;s*°*~~of 7?1.83 feet, where cord bears
S 22°57'09" E, 750.22 feet; ttrnce S 0°37'Z1" W to a point on the Nart3z
right-cf-way line of Enterprise Drive; leaving Oo~u~ty Sly ?.I~1
and followia~g the North right-of-way ],ine of ~* ~ ~ Dirive 3n a Narttr
easterly direction to a point an the west line of the Northeast Quarter of
the Northeast Quarter of said Section 32; thence following alOIlg the West
line of said Quarter quarter section 3n a Northerly direction to the South-
east carter of the Southeast Quarter of the Southeast quarter of said
Sectican 29; thence Northerly along the West ]_isie of the SOUt~ast Quarter .
of the Southea~~-t Quarter of said Section Z9 to the Southeast ooa~er of the
Nortlaaest Quarter of the Southeast 4u~ of said Sects 29; thence rLmn;,,~
in a Northwesterly direction to the most •~,*+-~,.~y ~,~-;*±g ~erete rig~tt-
of-sway marker located oar the West ].iae of the Southeast Quarter of said
Section 29; thence N Ol° 56' 14" E, 34.33 feet to as eadstiryg co:~crete right-
of-way marker; thence alaa~q the South right-of-way of ri ~;*+~; 4 State Route
9 S 89°45'31" W, 2542.35 feet to an exs.stinq concrete right-ef-way maz3cer,
said point also being the true point of beginning, said tract o~tainsng
243.763 noses moze or less. .
EXHIBIT A
City Water and Sewer Department
21 O E. CHESTNUT STREET • CANTON, ILLINOIS 61 S20
(909! 647-0288
MEMO
T0: Mayor Don Edwards, Cliff Sagaser, David Leezer & Council Members
FROM: Ray McKinney
SUBJECT: Prison Rate Comparison
DATE: January 20, 1987
In order to help you with your decision on a water and sewer rate
reduction for the prison I have attached a chart showing comparisons
of several communities that now service prisons.
It is our understanding from all the towns that we talked to that the
prison board has requested a rate reduction for the prison in their
communities. The only city that gave them a reduction was Hillsboro.
(See note on bottom of report.)
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CITY OF CANTON
2ro East cnesrnur, canton, was stszo • Telephone ao~usar-0o2a~
~4 ... ~: '
Oonaid E. Edwan~, Migbr James H. Malmgren, dyAnwnsy
Nancy $. Whttes, Cxy cxrit Clfftord L. Sagaser, Gb Ergli-s~r
Patrida A. Wright, city r~sevnr David M. Dorgan. olrec~pr,orAdmM-fahation '
January 9, 1987
,,.
Mr. James B Murray. ~~
Head Assista>lilt Attorney. -
Metropoliti$n'Sanitary~District
of Greater Chicago
100 East Erie Street
Chicago, Illinois `~`0611~
Re: MSD to City. of Canton real estate transaction
(Canton prison site)
Dear Jim:
Pursuant to our telephone conversation of late yesterday
morning, enclosed please find the following documents:
(1) Four originals of the Amended Agreement;
(2) Four replacement pages for page l of the Agreement;
(purchase of real estate) and;
(3) Four copies of Mr:. Harald Turley's review appraisal.
The changes which we discussed have been made fn the text of
the enclosed Agreement. After our phone conversation of
yesterday morning I talked with Mayor Edwards and he suggested
that a replacement page 1 be made which would provide for the
first installment of principal to be due on December 31, 1987
which would have the effect of making the last payment due on
June 30, 1990. The enclosed replacement page 1 makes those
changes. In light of the delays in concluding the transaction it
would appear to be Mayor Edward's position that a December, 1.987
first payment date would be in order.
Please review the enclosed and advise of your thoughts at
your earliest convenience. I shall preliminarily anticipate
presenting the Agreement to the Canton City Council for its
consideration and action at its egular meeting of January 20,
1987.
ncerely,
awes Malmgren,
City Attorney
cc: Mayor= Aldermen ~
cc: Director Leezer; Msrs. Hodgson and
Orr, I11. Dept. of Corrections; and,
Mr. Jim Joyce, Capital Development Board.
,;:,°.;
~,
~-
AGRB~NT
This Agreement made and entered into as of this day of
1987, WITNESSETH as follows:
1. Parties: The parties to this Agreement are the City of
Canton, an Illinois municipal corporation, with its principal
office at 210 E. Chestnut Street, Canton, IL 61520, hereinafter
called "Purchaser", and the Metropolitan Sanitary District of
Greater Chicago, an Illinois municipal corporation, with its
principal office at 100 E. Erie Street, Chicago, IL 60611,
hereinafter called "Seller".
2. Subject Matter: The subject matter of this Agreement is
the sale to Purchaser by Seller of the real estate set forth in
Exhibit A to this Agreement and the purchase by Purchaser from
Seller of the real estate set forth in Exhibit A to this Agreement.
3. Purchase Price: The purchase price of the real property
set forth in Exhibit A shall be One Hundred Seventy Thousand and
no/100 ($170,000.00) Dollars. Seller acknowledges receipt of Fifty
Thousand and no/100 Dollars ($50,000.00) from Purchaser on
September 26, 1986. The remaining balance of, One Hundred Twenty
Thousand and no/100 ($120,000.00) Dollars shall be paid by
Purchaser to Seller in semiannual installments of Twenty Thousand
and no/100 ($20,000.00) Dollars each with the first such
installment to be made on December 31, 1987 and subsequent
installments to be made on or before June 30, 1988, December 31,
1988, June 30, 1989, December 31, 1989, and June 30, 1990.
Purchaser shall have the right of prepayment at any time.
4. Interest: The principal payments set forth in the
foregoing paragraph shall bear interest at the rate of 88 per
annum. Such interest shall become due and payable at the same time
as the semiannual principal payments.
5. Conveyance: Conveyance by Seller to Purchaser shall be by
general Corporate Quit-claim Deed.
6. Proof of Status of Title: Seller shall provide Purchaser
with a Commitment to Insure Title in the amount of the purchase
c
A
This Agreement made and entered into as of this day of
, 1987, WITNESSETH as follows:
1. Parties; The parties to this Agreement are the City of
Canton, an Illinois municipal corporation, with its principal
office at 210 E. Chestnut Street,. Canton, IL 61520, hereinafter
called "Purchaser", and the Metropolitan Sanitary District of
Greater Chicago, an Illinois municipal corporation, with its
principal office at 100 E. Erie Street, Chicago, IL 60611,
hereinafter called "Seller".
2. Subject Matter: The subject matter of this Agreement is
the sale to Purchaser by Seller of the real estate set forth in
Exhibit A to this Agreement and the purchase by Purchaser from
Seller of the real estate set forth in Exhibit A to this Agreement.
3. Purchase Price: The purchase price of the real property
set forth in Exhibit A shall be One Hundred Seventy Thousand and
no/100 ($170,000.00) Dollars. Seller acknowledges receipt of Fifty
Thousand and no/100 Dollars ($50,000.00) from Purchaser on
September 26, 1986. The remaining balance of, One Hundred Twenty
Thousand and no/100 ($120,000.00) Dollars shall be paid by
Purchaser to Seller in semiannual installments of Twenty Thousand
and no/100 ($20,000.00) Dollars each with the first such
installment to be made on June 30, 1987 and subsequent installments
to be made on or before December 31, 1987, June 30, 1988, December
31, 1988, June 30, 1989, and December 31, 1989. Purchaser shall
have the right of prepayment at any time.
4. Interest: The principal payments set forth in the
foregoing paragraph shall bear interest at the rate of 8$ per
annum. Such interest shall become due and payable at the same time
as the semiannual principal payments.
5. Conveyance: Conveyance by Seller to Purchaser shall be by
general Corporate Quit-claim Deed.
6. Proof of Status of Title: Seller shall provide Purchaser
with a Commitment to Insure Title in the amount of the purchase
price to be issued, if possible, by Chicago Title Insurance Company
through Fulton County Abstract Company, Lewistown, Illinois. Such
Commitment and the Title Policy to be issued shall reflect
merchantable title in Seller. All expenses in connection with
perfecting title and title insurance shall be paid by the Seller.
Seller shall be allowed a reasonable period of time, but not less
than 30 days, to cure any defects and to make said title
merchantable.
7. Time of Conveyance: Seller shall convey merchantable
title to the property set forth in Exhibit A to Purchaser within 30
days of the date of this Agreement.
8. Existing Tenancies: The parties recognize that the
subject real property is subject to an existing tenancy created
pursuant to Seller's Permit appertaining to Field 151. Seller
represents to the Purchaser that Seller, on or about September 30,
1986, gave notice to the Tenant of termination of the tenancy
effective December 31, 1986. Purchaser agrees to reimburse the
Tenant for any amounts due and owing under said Permit to the
Tenant by reason of the termination of said Permit. Further,
Purchaser agrees .to save Seller whole and harmless by reason of any
claim or action brought by or through said Tenant based upon said
Permit and/or its termination.
9. Abatement of Taxes: Seller and Purchaser agree that the
real property set forth in Exhibit A is a portion of a larger tract
of property which is identified in Exhibit B to this Agreement.
Contemporaneously with this Agreement and the sale and purchase of
the real property set forth in Exhibit A, Seller agrees to
voluntarily petition Purchaser for the annexation and rezoning of
all property set forth in Exhibit B into the Corporate Limits of
the City of Canton, Illinois. Purchaser agrees, contemporaneously
with the passage of any Annexation Ordinance, to abate the City's
share of real estate taxes on all of the property set forth in
Exhibit B, excepting only the 100 acres identified in Exhibit A.
Such abatement shall be for a period of approximately 16~ years;
i.e., 20 years from date of July 1, 1983. After seven years from
the date of this Agreement, Seller shall have the right to petition
purchaser for the disconnection of any property set forth in Exhibit
(2)
B which has not been either acquired by Purchaser for its corporate
purposes, or, which has not been acquired by other developers in or
near Purchaser's Enterprise Industrial Park for industrial or
economic development/redevelopment purposes.
10. Real Estate Taxes: 1987 general real estate taxes, or,
prorata 1987 real estate taxes, as applicable, shall be paid by
Seller. The balance of 1987 general real estate taxes, if any, and
all subsequent real estate taxes and special assessments shall be
paid by Purchaser.
11. Exculpation Clause: Both Seller and Purchaser understand
that the real property set forth in Exhibit A is being purchased
for ultimate conveyance to the State of Illinois for use by the
State of Illinois as the site of a new State Correctional Center.
The parties to this Agreement understand that the State of Illinois
has certain requirements relative to the quality of real property
upon which such correctional centers are located. Satisfaction of
some of the requisite State criteria involve the making of test
borings and other tests and/or examinations to determine the
acceptability of the real property for State construction purposes.
Should the State of Illinois determine that the site as set forth
in Exhibit A to this Agreement is unacceptable for the location of
a State Correctional Facility, then both Seller and Purchaser agree
that this Agreement shall be and become a nullity, that Seller
shall reimburse to Purchaser all monies paid by Purchaser pursuant
to-this Agreement, and that the parties to this Agreement shall
reassume their respective positions prior to entering into this
Agreement. In the event this Agreement becomes a nullity as
provided in this Paragraph 11, Purchaser shall remain liable to
Seller for Seller's cancellation costs as provided in the foregoing
Paragraph 8.
12. Binding Agreement: This Agreement shall be binding upon
each of Seller and Purchaser and upon each of Seller's and.
Purchaser's respective successors and assigns.
(3)
' IN WITNESS WHEREOF this Agreement has been executed and
delivered by each of the Seller and the Purchaser as of the date
first above written.
CITY OF CANTON ("Purchaser"), an
Illinois municipal corporation,
BY:
Donald E. Edwards, Mayor. ~
ATTEST:
Nancy Whites, City Clerk. ~
METROPOLITIAN SANITARY DISTRICT
OF GREATER CHICAGO ("Seller"), an
Illinois municipal corporation,
BY:
Chairman, Committee on Finance. ~
ATTEST:
Secretary.
(4)
TRU6~ POINT
Ol= I3LLlNNtNLs
WEST LINL
~ELTiON 29
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TRACT I
100.000 ACRES
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3011TH UNE
1 V'Y jEGTiON 29
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4.3'
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3CGTION Z9 IOS.92'
LE6 E1~i D
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ARL. s 78.99'
GHQ. _ ~3 805' 4`3' E
78.9v'
Agreement No.
Exhibit A,
Page 1
..... , ~-
A part of the Southwest Quarter of Section 29 and a part of the
Northwest Quarter of Section 32, located in Zbwnship 7 North,
Range 4 East of the Fourth Principal Meridian, described as follows:
Beginning at the Northwest corner of the Southwest Quarter of
Section 29, Township and Range aforesaid, ruining thence N 89°43'
41" E, 73.29 feet; thence South 48.28 feet to an e~cisting ooncrete
right-of-way marker, said point being the true point of beginning;
thence S 42°58'19" W, 68.80 feet to an existing concrete right-of-
way marker; thence following the East right-of-way of County Route
21 A S 0°38'2?" W, 1666.34 feet to an existing concrete right-of-
way marker; thence following the arc of a curve to the left a distance
of 1371.50 feet, whose chord bears S 44°42'18" E, 1231.50 feet to wn
existing concrete right-of-way marker; thence S 0°07'28" W, 4.5 feet;
thence N 89°44'45" E, 680.88 feet. to an existing concrete right-of-
way marker; thence N 89°19'34" E, 105.92 feet; thence along the arc
of a curve to the right a distance of 78.99 feet, whose cord bears
S 80°55'49" E, 78.96 feet; thence leaving said right-of~vay of Crnmty
Route 21 A N 0°38'27" E, 2611.84 feet to a point on the South right
of-way of Illimis State Route 9; thence along said right-of-iaay
S 89°45'31" W, 1694.74 feet to the true point of begisming. Said
tract containing 100.00 acres.
Agreement No.~
Exhibit A,
Page 2
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Tract I
Legal Description
A part of the Southwest Quarter of Section 29 and a part of the Northwest
Quarter of Section 32, located in Taanship 7 North, Range 4 East of the
Fourth Principal Meridian, Fulton County, Illinois, described as follows:
BegiuuLisyg at the Northwest Darner of the Southwest Quarter of Section 29,
Township and Range aforesaid, running thence N 89°43'41" E, 73.29 feet;
thence South 48.28 feet to an eacisting,ooncrete right-of-way marker, said
point being the true point of beginning; thence S 42°58'19" W, 68.80 feet
to an existing concrete right-of~way marker; thence following the East
right~f-way of County Route 21 A S 0°38'27" W, 1666.34 feet to an existing
concrete right-of-way marker; thence following the arc of a c~uve to the
left a cii.stanoe of 1371.50 feet, whose chord bears S 44°42'18" E, 1231.50
feet tD an existing concrete right-of-way marker; thence S 0°07'28" W, 4.5
feet; thence N 89°44'45" E, 680.88 feet to an existing concrete right-of-
way marker; thence N 89°19'34" E, 105.92 feet; thence along the arc of a
co=ve to the right a distance of 613.03 feet, whose chard bears 3 64°36'47"
E, 602.16 feet to an existing concrete right-of-way marker; thence along
the arc of a curve to the right a distance of 771.83 feet, whose yard bears
S 22°57'09" E, 750.22 feet; thence S 0°37'21" W too a"point an the North
right-of-way line of Enterprise Drive; thence leavir:q Camty Highway 21 A
and following the North right-of-way line of F~tPrprise Drive in a North
easterly directiion to a point on the west line of the Northeast Quarter of
the Northeast Quarter of said Section 32; thence following alrn~q the West
line of said Quarter quarter section in a Northerly direction tD the South
east corner of the Southeast Quarter of the Southeast Quarter of said
Section 29; thence Northerly along the West line of the Southeast Quarter
of the Southeast Quarter of said Section 29 tD the Southeast corner of the
Northwest Quarter of the Southeast Quarter of said Section 29; thence namtiinq
in a Northwesterly direction t7a the mast sauttyarly existing cacrrete right
of-sway marker located on the West line of the Southeast Quarte~c of said
Section 29; thence N O1°56'14" E, 34.33 feet to an existing oooctete right
of-way marker; thence alm:q the South right-of~way of Illinois State Route
9 S 89°45'31" W, 2542.35 feet to an eui,sting oo:x-refs right-~f-way marker,
said point also being the true point of beginning, said tract containing
243.763 ages mare ar less.
Agreement No.
Exhibit B,
Page 2
"-----._
~ J
Iit1R(~LI) n. Tt'RLF~', SREA, MAI
.J~ea~ ~slale ~' raiser
PP
Mr. David A. Leezer
Director
Department of Community Development
City of Canton
210 East Chestnut Street
Canton, Illinois 61520
MEMBER
AMERICAN INSTITUTE Of REAL
ESTATE APPRAISERS
~ ~ SENIOR REAL ESTATE ANALYST
M A 1 SOCIETY OF REAL ESTATE APPRAISERS
Ba24 NORTH FROSTWOOD PARKVYAY
PEORIA. ILIINOiS 61615
PHONES:
OFFICE: e91-8492
RESIDENCE: 243-5432
AREA CODE 309
January 6, 1987
Re: Review of Appraisal of
1001 Acres in Canton Township,
Fulton County, Illinois
Dear Mr. Leezer:
In accordance to your letter request, I have reviewed the narrative
appraisal of R. Dennis Tompkins, S.R.A. dated December 10, 1986, of
property owned by the Met>;opolitan Sanitary District. This appraiser
has made an on-site inspection of the subject property and has
inspected the six sales stated in the report. This appraiser has also
considered Fulton County industrial and agricultural land sales,
which are in his files, in addition to those stated in the report.
The review appraiser approves and concurs with the estimate of
$170,000.00 or $1,700.00 per acre as of October 14, 1986.
Mr. Thompkins did not have any description of the land, only a survey
plat being page 014 in the report. On pages 23 and 24 are six sales
of comparable land with the reviewer having to look at the assessor's
property record card and make his own judgement and comparison of how
the sale was to be analyzed. The reviewer would concur that the
Market Data or Direct Sales Approach is applicable to the valuation
of the subject property.
~,.1. , -
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.'!~~ !tit, ,,
:'1 ~~ ,
.~..r~~
Mr. David A. Leezer -2- January 6, 1987
Reviewer's Certification
.. r ,.
This reviewer cer~tifi~s; the following: ~ ~ ~ ti
.. ..
1. He has no direct or indirect past, present or future interest
in the .above property.
2. He has no personal interest or bias with respect to the subject
matter discussed in the writer's report or the=parties involved.
3. The date of this certification being January 6, 1987.
HDT / w
Respectfully submitted,
Harold D. Turley, S.R.E.A M.A.I.
Review Appraiser
z
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.~
QUALIFICATIONS OF :'HE APPRAISER
HAROLD D. TURLEY, SREA,ltAI
EDUCATION Bachelor of Science, Bradley University
Graduate of American Savings and Loan Institute
EXPERIENCE 12 years - Appraiser in Savings and Loan
16 years - Eminent Domain Appraising,
• Division of Highways,
State of Illinois
CLIENTS Federal, State, County and City Agencies,
Banks, Insurance Companies, Savings and Loans,
Corporations, Attorneys and Individuals
DiEMBERSHIP American Institute of Real Estate Appraisers
Senior Real Estate Analyst
Society of Real Estate Appraisers
National Association of Review Appraisers
Right-of-Way Association
Building Owners and "tanagers Association
Peoria Board of Realtors
INSTRUCTOR Illinois Central College, Real Estate A
` American Institute of Real Estate AppraPserssing
Course lA
QUALIFIED
WITNESS Peoria, Tazewell, Knox, McDonough and Henderson
Counties
Illinois Property :'ax Appeals Board
The American Institute of Real Estate Anpraisers conducts a
voluntary program of continuing education for its designated
members. ldAIs ann RMs who meet the minimum standards of this
program are awarded periodic educational certification. I am
certified under this program through Dece*nber 31, 1989.
CITY OF CANTON
210 East Chestnut, Canton, Illinois 61520 • Telephone 309/647-0020
Donald E. Edwards, Mayor
Nancy S. Whites, Gyclnk
Patricia A. Wright, Cny rnaur.-
May 13, 1987
James H. Malmgren, ClyAnon-ay
Clifford L. Sagaser, CtryEnginae-
David A. Leezer, DiroctorolAdminiahaann
CERTIFIED MAIL: RETURN RECEIPT
REQUEST N0. P 063 962 581
Mr. Don Zoufal
Illinois Department
100 W. Randolph
Suite 4-200
Chicago,. IL 60601
of Corrections
Re: Proposed Canton prison site
CDB Project No. 120-008-001
Dear Don:
COO pM
Enclosed please find the original Quit-claim Deed running
from the City of Canton to the State of Illinois,-Department of
Corrections; the original of Attorneys' Title Guaranty Fund
Commitment to Insure Title; certified copy of City Resolution No.
1197; and, a copy of Title 8, Chapter 10 of the Canton Municipal
Code relating to the water and sewer system.
Enclosed materials should provide all information which you
had requested. However, should you have further needs or
requirements please do not hesitate to contact me.
I am sending a copy of this letter together with a duplicate
Commitment and copies of all other documents to each of Mr.
Authur D. Nordenberg and to Mr. Roy S. Frazier, Jr. I would
appreciate receiving a copy of the State's Title Opinion and will
need to be advised as of the date and time of filing of the
Quit-claim Deed in the Fulton County Land Records.
JHM/sh
cc: file; Mayor; all Alde
Arthur D. Nordenberg;
Mr. Roy S. Frazier
Encl.
S' cerely,
ames Malmgren,
City Attorney