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Home My WebLink AboutResolution #1016RESOLUTION NO. ~_ A RESOLUTION APPROVING AN AGREII`~]T PROVIl~DING FOR THE SALE/PURCHASE OF CITY 06d~TID REAL PROPERTY LOCATED AT ADDRESS OF 665 South Third Avenue. WHEREAS, the Canton City Council has heretofore determined the necessity of selling certain real property identified in the attached agreement; and, WHEREAS, it is now necessary to enter into a written agreement providing for the City of Canton's sale of such real property. IT IS, ACCORDINGLY, HEREBY RESOLVID BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois as follows: 1. That the agreement providing for the sale -purchase of City awned real property located at 665 South Third Avenue, Canton, Illinois, such agreement being attached hereto and identified as Exhibit "A" here- to and herein incorporated by reference, is hereby approved by the Canton City Council. 2. That the Mayor and City Clerk are hereby authorized and directed to execute and deliver duplicate originals of said agreement and to execute and deliver the requisite quit-claim deed and all other papers necessary to conclude said transaction. 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 ~r~ day of ,~an~,ary 1984 upon a roll call vote as follows: AYES: Aldermen Horr, May, Carl, Workman, Sarff, Savill, Hammond, Kovachevich. NAYS: None. ~~~ None . APPROVED: Donald E. Edwards, Mayor. ATTEST: ~~ Nancy tes, City Clerk. AGREEMENT NO. AN AGREEMENT PROVIDING FOR THE SALE OF CERTAIN CITY OWNED REALTY WHEREAS, the City of Canton, an Illinois municipal corporation, is the owner of certain real property hereinafter more particularily described which such real property has been by said City determined to be no longer necessary, appropriate, required for the use of, profitable to, or for the best interests of the City of Canton; and, WHEREAS, Frank Shores and Kathy Shores, husband and wife desires to purchase such real property from the City of Canton. NOW, THEREFORE, IT IS HEREBY AGREED AS HEREINAFTER SET FORTH: 1. SELLER: The Seller of the real property hereinafter described is the City of Canton, an Illinois municipal corporation, having its main office located at 210 E. Chestnut Street, Canton, Illinois 61520, hereinafter referred to as the "City". 2. BUYER: The Buyer of the real property hereinafter described is Frank Shores and Kathy Shores, husband and wife whose permanent mailing address is 653 South 3rd Avenue, Canton, hereinafter referred to as the "Buyer". 3. SUBJECT MATTER: The subject matter of this agreement is certain real property located within the corporate limits of the City of Canton, Fulton County, Illinois with common address of 665 South 3rd Avenue , Canton, Illinois. Said real property is legally described as follows, to-wit: The West 55 feet of Lot Number 380 in Wright's Addition to the City of Canton and 3 feet off the North side of the East 65 feet of Lot Number 380 in Wright's Addition to the City of Canton, all being situated within the City of Canton, Fulton County, Illinois. 4. CO'~SIDERATION: The consideration su~~porting this agreement is ~<:de Up O' the ii~UtUal CUVC'?-lc?1tS c:I~d ~iC;1"C C:: iiir'~S I~~rel:] SC:t Ori.h c:l"ld :~:ent of the cash sum of $ 750.00 _ __ _____ __ _ ~}- ~.u~er to the City in lawful money. 5. CONVEYANCE: The City shall coi7vey title to said real property to Buyer by a good and sufficient quit-claim deed. 6. TITLE: The City shall show proof of merchantable title in said real property to Buyer by either, in the City's sole discretion, suprl}•- ir,g Buyer with an updated abstract of title or a commitment to insure title in the ~nmount of the cash sum set forth in ~ar:gra;?h 4, above. EXHIBIT A, RESOLUTION N0. 1016 In the event an abstract is provided by the City, it shall be updated only once at the City's expense. Proof of merchantable title as afore- said shall be furnished by the City to Buyer within 30 days of the date of this agreement or, for good cause shown, at such other further time as the parties may agree to;. any such extension of time shall be accomplished by an instrument in writing. 7. DEFECTS IN TITLE: In the event Buyer makes objection to the status of title and, in the opinion of the City Attorney, such objection sets forth a bona fide defect causing title to not be merchantable, the City shall, in its sole discretion, cure such defect within 60 days of Buyer's making of such objection or declare this agreement to be null and void provided, however, that the City return to Buyer any earnest money deposit without interest and, still further, providing that Buyer release to the City the original of the abstract of title or commitment to insure title. 8. CLOSING: Closing shall take place within 14 days of the expiration of the time period set forth in paragraph 6, above. Closing shall take place at the City's main office as set forth in paragraph 1, above. 9. TAXES AND UTILITIES: General real estate taxes, utilities and special assessments, if any, shall be prorated between the City and Buyer according to their respective time of possession of the premises. The City shall be responsible for all general real estate taxes, utilities and special assessments, if any, which were levied or placed against said premises in any year proceeding the instant year and which are now legally cognizeable, due and owing. The City , may, at its election, allow some or all of its share of such general real estate taxes, utilities and special assessments, if any, as a credit against the cash sum due and owing to the City from the Buyer, all as set forth in paragraph 4, above. If such credit is given by the City to the Buyer, the Buyer hereby covenants and agrees to hold the City whole and harmless on account thereof. 10. ZONING AND USE OF PREMISES: The above described premises is presently zoned R-2 , Single Family Residential Use under the City of C,3nton's zoning ordinance(s), as amended. The use of the ,,remises shall be governed by reference to such zoning ordinance(s) as the same presently exists and as such zoning ordinance(s) may be ended. 11. Tr?:ANCY/OCCUPhNCY/POSSESSION: The City hereby ~.: ~ ,; s t'_,~:t '_!-,e subject premises, to the c~cst of i.ts kno,•:led_;e, ~ s :-:ct :-:c~s suL jcct '_^ a 11 ~ht Of c.r?~' +hlyd ',- i t': t~':<-i.^.t Gr OCCUt~~!"?t ~ _.'.° C; t~; ~r:al l ~:1'~ E' 1.._ .,_1_ _.~_ __ ,.. _ _..._ ,~. _. `his agre~_l;ent is ~:ot subjoct to ~.ny ~. ,press or _. .r~_~-d ... __~...t,• of any sort. The Buyer hereby warrants that he has had full and ample opportunity to inspect the above described premises; that he is satisfied that his inspection thereof was complete; and, that, other thin as herein set forth, no promises, representations or inducc^~.:~:.ts ~~:h tse~ver ha~•e . ~~ c>n m~:de to Buyer by the City or by the City' s of"icers, ~>`_ f i ciao s, ~, s ~~I ~'~ni.rt':t ~, 13. AUTHORITY: This agreement is executed and delivered by the City to the Buyer by authority of the City Council of the City of Canton, Fulton County, Illinois and pursuant to ~_resolution/ R~~#~~~5~~ thereof passed at its regular meeting of January 3 ~ 19 ~. 14. OTHER TERMS AND CONDITIONS: None. IN WITNESS WHEREOF the City and the Buyer have set their hands and seals to two originals hereof this 4th day of January _, 19 84 CITY OF CANTON, an Illinois municipal corporation, ~~ BY: Its Nayor. ;'1 T . Cit~.~ Clerk. ~ _ ~" _~ 1, ~ ~,_ ~ LC . - .~ ~ ~ i Bu}~er . . ~ ~ ~ ~._ -_ /+ - %' ,1 i " 'Buyer'. AGREEMENT NO. ~-3~ AN AGREEMENT PROVIDING FOR THE SALE OF CERTAIN CITY OWNED REALTY WI~EREAS, the City of Canton, an Illinois municipal corporation, is the owner of certain real property hereinafter more particularily described which such real property has been by said City determined to be no longer necessary, appropriate, required for the use of, profitable to, or for the best interests of the City of Canton; and, WHEREAS, Frank Shores and Kathy Shores, husband and wife desires to purchase such real property from the City of Canton. NOW, THEREFORE, IT IS HEREBY AGREED AS HEREINAFTER SET FORTH: 1. SELLER: The Seller of the real property hereinafter described is the City of Canton, an Illinois municipal corporation, having its main office located at 210 E. Chestnut Street, Canton, Illinois 61520, hereinafter referred to as the "City". 2. BUYER: The Buyer of the real property hereinafter described i s Frank Shores and Kathy Shores ~ husband and wife whose permanent mailing address is 653 South 3rd Avenue, Canton, _ T1linnic F1~7n hereinafter referred to as the "Buyer". 3. SUBJECT MATTER: The subject matter of this agreement is certain real property located within the corporate limits of the City of Canton, Fulton County, Illinois with common address of 665 South 3rd Avenue , Canton, Illinois. Said real property is legally described as follows, to-wit: The West 55 feet of Lot Number 380 in Wright's Addition to the City of Canton and 3 feet off the North side of the East 65 feet of Lot Number 380 in Wright's Addition to the City of Canton, all being situated within the City of Canton, Fulton County, Illinois. 4. CONSIDERA`T'ION: The consideration supporting this agiee;nent is mode up of the mutual covenants and agreements herein set forth and I~ayment of the cash sum of $___750.00_____ __ _ by Toyer to the City in lawful money. 5. CONVEYANCE: The City shall convey title to said real property to Buyer by a good and sufficient quit-claim deed. 6. TITLE:. The City shall show proof of merchantable title in said real property to Buyer by either, in the City's sole discretion, sup:'}•- ing Buyer with an updated abstract of title or a commitment to insure t;t~e in the ~?nount of the c sh Sllm set forth in pa r::c~r,:r>h 4, a:~ove. In the event an abstract is provided by the City, it shall be updated only once at the City's expense. Proof of merchantable title as afore- said shall be furnished by the City to Buyer within 30 days of the date of this agreement or, for good cause shown, at such other further time as the parties may agree to;, any such extension of time shall be accomplished by an instrument in writing. 7. DEFECTS IN TITLE: In the event Buyer makes objection to the status of title and, in the opinion of the City Attorney, such objection sets forth a bona fide defect causing title to not be merchantable, the City shall, in its sole discretion, cure such defect within 60 days of Buyer's making of such objection or declare this agreement to be null and void provided, however, that the City return to Buyer any earnest money deposit without interest and, still further, providing that Buyer release to the City the original of the abstract of title or commitment to insure title. 8. CLOSING: Closing shall take place within 14 days of the expiration of the time period set forth in paragraph 6, above. Closing shall take place at the City's main office as set forth in paragraph 1, above. 9. TAXES AND UTILITIES: General real estate taxes, utilities and special assessments, if any, shall be prorated between the City and Buyer according to their respective time of possession of the premises. The City shall be responsible for all general real estate taxes, utilities and special assessments, if any, which were levied or placed against said premises in any year preceeding the instant year and which are now legally cognizeable, due and owing. The City . may, at its election, allow some or all of its share of such general real estate taxes, utilities and special assessments, if any, as a credit against the cash sum due and owing to the City from the Buyer, all as set forth in paragraph 4, above. If such credit is given by the City to the Buyer, the Buyer hereby covenants and agrees to hold the City whole and harmless on account thereof. 10. ZONING AND USE OF PREMISES: The above described premises is presently zoned R-2 Single Family Residential Use under the City of Canton's zoning ordinance(s), as amended.' The use of .he l~r~mises shall be governed by reference to such zoning ordinance(s) as the same presently exists and as such zoning ordinance(s) may be ended. 11. Tt;?:I~i~CY/OCCUPANCY/POSSESSION: The City hereby .=i ~ - :,; ~~ I }~~,t t' e subject prc:nises, to the best of its knowledge, is not no•.a :-ub._~~t to a right of any third tarty tenant or occur~ant. T}-.e City shall ~i~•~ -s~cssion of the above ~.~scri',_,.~d ~-rc~ises to Eu~.-er ;.~ cicsi:::~. 12. L•~nLIED/EXPRi:SSED j~:AR.Rb?~`1IES: Other than as -.bo~.~e set forth, this agreement is not subject to any express or implied ~:rarranty of any sort. The Buyer hereby warrants that he has had full and ample opportunity to inspect the above described premises; that he is satisi~i~~3 that his inspection thereof was complete; and, that, other than as h<-r, in set forth, no promises, representations or inducements wh~.tsocver have ..~ ~~-~ r:.~de to Bu~•cr by the City or by the City's officers, e~`ficiais, i- ~i.t ~, 13. AU'T'HORITY: This agreement is executed and delivered by the City to the Buyer by authority of the City Council of the City of Canton, Fulton County, Illinois and pursuant to ~~~~~~/resolution/ c~~}~C~i~~~~ thereof passed at its regular meeting of January 3 , 19 ~_ . 14. OTHER TERMS AND CONDITIONS: None. IN WITNESS WHEREOF the City and the Buyer have set their hands and seals to two originals hereof this _4th day of _ January _ _ _, 19 84 . CITY OF CANTON, an Illinois municipal cc~.r_por_ation, ~, BY: ~ _____ __ _, Its Mayor. -- Cit Clerk. (C~r~~orare Seal) ~ i / ~ ~~ u~~er . _ ~ L'Lz- , ~~ Buye