HomeMy WebLinkAboutResolution #1123RESOLUTION NO . 112 3
A RESOLUTION APPROVING A "COMPROMISE AND SETTLEMENT AGREEMENT" BETWEEN THE CITY
OF CANTON AND JACK V. MCWHORTER AND DOROTHY V. MCWHORTER.
WHEREAS, the Canton City Council has determined that it is necessary and
in the best interest of the City of Canton to enter into a "Compromise and
Settlement Agreement" with Jack V. McWhorter and Dorothy V. McWhorter as set
forth in Exhibit "A" hereto attached; and,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON,
Fulton County, Illinois as follows:
1. That Exhibit "A" hereto attached and herein incorporated by reference
is hereby approved by the Canton City Council.
2. That the Mayor and the City Clerk are hereby authorized and directed to
execute originals of Exhibit "A" and to deliver same on behalf of the City of
Canton.
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,
an approval by the Mayor thereof.
PASSED by the City Council of the City of Canton, Fulton County, Illinois
at a regular meeting this ~ day of ~ , 1985, upon a roll
call vote as follows:
AYES: Aldermen Kovachevich, Zilly, Falcone, Sarff, Workman,
Bohler, May, Chapman,
NAYS : None .
ABSENT : None .
APPROVED:
Donald E. Edwards, Mayor.
ATTEST:
Nan White City Clerk.
r. ~ p
~ r~ t
~
~ ~
77 ~
' 1 ~ a,S ~~-tiid .PC < ~-''~.
' ' ai~ J
i~. re ,l!~ i' V o~a -~t"
-- -- - t_e fds''
Cc~~ H~#. Date
~~466
COMPROP~4ISE AND SETTLEMENT AGREEMENT
This Compromise and Settlement Agreement entered into this day of
1985, between the City of Canton, an Illinois municipal
corporation, hereinafter called "City" and Jack V. McWhorter and Dorothy V.
McWhorter, husband and wife, hereinafter called "McWhorters," WITNESSETH:
WHEREAS, the City as part of its Fairview Heights sewer and/or water
projects has laid certain lines over and across Lots 1, 2, and 3 in Block 7
in Fairview Heights Addition to the City of Canton, Fulton County, Illinois;
and,
WHEREAS, McWhorters are the owners of said lots; and,
WHEREAS, said lines were laid by the City without the prior written
consent of the McWhorters; and,
WHEREAS, both the City and the McWhorters are now desirous of reaching
a full and final settlement of all matters and causes of action arising out.
of the City's running of said lines across said real property.
NOW, THEREFORE, in consideration of the mutual covenants set forth below,
the City and McWhorters agree as follows:
1. The City and McWhorters shall within seven (7) days of the approval
of this agreement by the Canton City Council, execute and deliver duplicate
originals of this agreement, each to the other,,
2. That McWhorters shall, contemporaneously with the execution and
delivery of this agreement, execute and deliver to the City the "`utility
easement", in substantially the form of Exhibit A hereto attached
3. That the execution, delivery, and continuing of validity o.f each of
this compromise and settlement agreement and of the attached utility easement
are contingent not only upon the full, faithful, and complete performance of
the terms and conditions set forth in said utility easement, but, also, of the
terms and conditions hereinafter set forth, to wit:
a) In consideration of the promises, covenants, and representations set
forth in this agreement, in the utility easement hereto attached, and, in the
release of all claims and covenant not to sue to be ultimately delivered to
the City by McWhorters, the City agrees to:
1) At the time of delivery to the City of the compromise and settlement
agreement and of the utility easement, pay unto McWhorters the sum of
$7.x].36.00 by draft which sum represents liquidated damages with respect
to the lines previously laid over said property by the City;
2) Within thirty (30) days following the execution and delivery
of the Compromise and Settlement Agreement and the Utility Easement to the
City by McWhorters, the City shall provide additional consideration in the
form of fourteen (14) truckloads of black dirt to be placed upon the afore-
said real property. However, the task of grating, leveling, contouring, and
preparing the black dirt for seeding shall be borne by the McWhorters. The
parties hereto recognize and agree that the fourteen (14) loads of black dirt
to be supplied are presently in the City's stock pile of black dirt located
at the City Garage on West Locust Street in the City of Canton, Illinois and,
further, recognize and agree that said black dirt does contain foreign matter
and materials but is suitable for the fill purposes contemplated by both the
City and McWhorters.
3) The City agrees to replace the surface of the soil removed in
the construction and/or maintenance of said lines to at least as good a condition
as the surface was found prior to construction. Such covenant is specifically
set forth in the Utility Easement hereto attached in greater detail.
4. Upon completion of the foregoing the McWhorters shall, within seven (7)
days, execute and deliver to the City of Canton an original release of Al.l' Claims and
Covenant Not To Sue in the form hereto attached as Exhibit B.
This Compromise and Settlement Agreement is entered into by the City and the
McWhorters solely for the purpose of compromising and settling matters in dispute
as above set forth. It does not constitute, nor shall it be construed as, an
admission by either the City or the McWhorters of the truth or validity of any
claims asserted.
Both the City and the McWhorters realize that the facts on which the fore-
going Compromise and Settlement Agreement is based may hereafter turn out to be
other than or different from the facts in that connection now known by the City
or the McWhorters are believed by them to be true. The City and the McWhorters
each expressly accepts and assumes the risk of the facts so turning out to be
different, and each of the City and the McWhorters agrees that the foregoing
Compromise and Settlement Agreement shall be in all respects effective and not
subject to termination, rescission, or modification by reason of any such change
in fact.
Executed in duplicate original by the City and the McWhorters the day and
date first above written.
CITY OF CANTON, an Illinois
municipal corporation, by:
Donald E. Edwards, Mayor.
ATTEST:
Nancy Whites, City Clerk.,
Jack V. McWhorter.
Dorothy V. McWhorter.
UTILITY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that
of the City of Canton, County of Fulton, State of Illinois, hereinafter called Grantors,
in consideration of One Dollar ($1.00) and other good and valuable consideration paid by
the City of Canton, Fulton County, Illinois, hereinafter called the Grantee, the receipt
and sufficiency of which is hereby acknowledged does hereby grant, bargain, sell, trans-
fer and convey to said Grantee, its successors and assigns, a permanent easement with
the right to erect, construct, install and lay, and thereafter, use, operate, inspect,
repair, maintain, replace, and remove sewer or water lines and appurtenances relating
thereto over, under and across the following land owned by grantor, hereby releasing
and waiving all right under and by virtue of the Homestead Exemption Laws of this State:
Lots 1, 2, and 3 in Block 7 in Fairview Heights Addition to the City
of Canton, Fulton County, Illinois,
together with the right of ingress and egress over Grantors' adjacent lands for the
purpose for which the above mentioned rights are granted. The permanent easement
hereby granted shall be 20 feet in width adjacent and parallel to the South boundary
lines of said lots. The Grantors hereby grant a temporary construction easement for
the purposes of constructing said sewer or water lines, said temporary easement is
to be 50 feet in width adjacent and parallel to the South boundary lines of said lots.
The details of said sewer are as shown on plans prepared for the City of Canton
entitled "City of Canton, Illinois, Fairview Heights Water and Sewer Lines," dated
September, 1983, and the location thereof is shown on Exhibit A hereto attached and
herein incorporated by reference.
This instrument was prepared by: James H. Malmgren
Attorney at Law
369 N. Main Street
Canton, Illinois 61520
Ph. (309) 647-0647
The Grantee agrees to finish, grade and seed turfed areas disturbed during
construction or maintenance of said sewer, 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 consider-
ation recited herein shall constitute payment in full for all damages sustained by
Grantors by reason of the installation of the structure referred to herein, and the
Grantee will maintain its facilities on such easement in a state of good repair and
efficiency so that no unreasonable damages will result from its use to Grantors'
premises. It is mutually agreed that the easements herein granted shall be subject
to the following special provisions:
This Agreement is binding on the parties hereto, their heirs, personal
representatives, assigns and successors.
IN WITNESS WHEREOF the said Grantors have executed this instrument this
day of
19
(SEAL) ~___.__ (.SEAL)
(SEAL) (.SEAL)
_(SEAL) ~_ __ _ (SEAL)
COUNTY OF FULTON
STATE OF ILLINOIS
I, , a Notary Public in and ,for the said County,
in the State aforesaid, do hereby certify that
personally known to me to be the same person whose name_ (is) (are) subscribed to
the foregoing instrument, appeared before me this day in person, and acknowledged that
signed, sealed and delivered the said instrument as free and voluntary
act, for the uses and purposes therein set forth., including the release and waiver of
the right of homestead.
Given under my hand and official seal, this ___ day of
19 .
Notary Public.
Sheet 2 of 2 Sheets
RELEASE OF ALL CLAIMS
AND COVENANT NOT TO SUE
In consideration of the receipt of One Dollar ($1.00) and other good and
valuable considerations, the receipt and sufficiency of which are hereby acknow-
ledged by the undersigned, Jack V. McWhorter and Dorothy V. McWhorter, voluntarily
and knowingly execute this Release of all Claims and Covenant not to Sue with the
express intention of extinguishing obligations as herein set forth.
We expressly discharge and release the City of Canton, an Illinois municipal
corporation, from all claims and causes of action that we ever had, now have, or
may have in the future, known or unknown, or that any person claiming through us
may have or claim to have against the City of Canton created by or arising out
of the City's of laying of water and/or sewer lines across Lots 1, 2, and 3 in
Block 7 of Fairview Heights Addition to the City of Canton, Fulton County, Illinois,
as a part of the Fairview Heights sewer and water project recently completed by the
City of Canton, said laying of lines having been made without prior written consent
of the undersigned.
We have read the foregoing Release of all Claims and Covenant not to Sue and
understand all of its terms. We execute it voluntarily and with full knowledge
of its significance.
This Release of all Claims and Covenant not to Sue shall. bind me, my heirs,
and my legal representatives and assigns. It shall insure to the benefit of the
City of Canton, a municipal corporation, its successors and assigns.
Dated this day of , 198
Jack V. McWhorter.
Dorothy V. McWhorter.
SUBSCRIBED AND SWORN TO before me this _ day of _ _, 198
by Jack V. PcWhorter and Dorothy V. McWhorter, each to me personally known.
Notary Public..
My commission expires: (S E A L)
- ~ UT I LITY EASEMENT ON LOTS i, 2, ~ 3
BLOL K '7 - FA I RV l EW H E I ~HT~ ADdITi ON ~TO
CITY OF CANTON
210 East Chestnut, Canton, Illinois 61520 • Telephone 309/647-0020
Donald E. Edwards, A/apa Jamea H. Malmgren, CI(y Attorr»y
Nancy S. Whites, crty c-.dr Clifford L Sagaser, Gy Enplnsrr
Patricia A. Wright, dry Troawnr David M. Dorgan, DiscAw o~Admintsaaaon
November 20, 1985
Mr. & Mrs. Jack V. McWhorter
467 West Olive Street
Canton, Illinois 61520
Re: Compromise and Settlement Agreement
Dear Mr. & Mrs. McWhorter:
Enclosed please find a photocopy of a "Compromise and Settlement Agreement"
which was approved by the Canton City Council at last night's regular meeting.
Attached to the Compromise and Settlement Agreement as exhibits are a "Utility
Easement" and a "Release~of All Claims and Covenant Not To Sue".
The Compromise and Settlement Agreement will have to be signed in two
originals, each of which originals are presently in the possession of the
Mayor's secretary. It will be necessary for you to make arrangements with the
Mayor's office to come into the City building and to sign the Compromise and
Settlement Agreements. At that time you should also be prepared to sign the
Utility Easement and have your signatures notorized by the Mayor's secretary.
At the time the Compromise and Settlement Agreement and the Utility Easement
are executed the City wall tender their check to you in the amount of $1,136.00.
There upon the City will begin to provide the black dirt in conformity with
numerical paragraph 3.a)2) of the Compromise and Settlement Agreement.
Please note that the Compromise and Settlement Agreement and the Utility
Easement must be signed by both of you within seven (7) days of the date of this
letter. This short suspense is deemed necessary by reason of the changing
weather conditions and shortened construction period remaining in this calendar
year.
If you have any questions concerning the enclosed documents please either
contact me directly, or, have your attorney contact me.
JHM/rv
Sincerely,
j~~
James H. Malmgren,
City Attorney.
CC: D. Dorgan, Mayor Edwards;
City Clerk; C. Sagaser;.
file.