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HomeMy WebLinkAboutResolution #0985~: RESOLUTION NO. 985 A RESOLUTION APPROVING AN EASEMENT RUNNING FROM THE CITY OF CANTON TO THE GRAHAM HOSPITAL ASSOCIATION, A NOT-FOR-PROFIT CORPORATION WHEREAS, The Canton City Council has determined that it is necessary and in the best interest of the City of Canton, Illinois to grant an easement to the Graham Hospital Association, an Illinois not-for-profit corporation to aid in the erection of a new addition to Graham Hospital to serve the general public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois, as follows: 1. That the Easement hereto attached, identified as Exhibit "A", and herein incorporated by reference is hereby approved by the Canton City Council. 2. That the Mayor and City Clerk are hereby authorized and in- structed to execute and deliver the same on behalf of the corporate authorities of the City of Canton, Illinois. 3. That the City Clerk is hereby instructed to deliver a certified copy of this Resolution to the Graham Hospital Association. 4. 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 _~~ day of M,,, , 1983, upon a roll call vote as follows: AYES: Aldermen Horr, Carl, Workman, Sarff, Savill, Hammond, Kovachevich. NAYS: None. ABSENT: None. APPROVED: Donald Edwards, Mayor. ATTEST: f f an y Whit s, ity Clerk. ~ T c~tuL rim THIS AGREEMENT, made and entered into in the City of Canton, Fulton County, Illinois this ~ day of May, 1983, by and between the City of Canton, an Illinois municipal corporation, with its prinicipal offices at 210 East Chestnut Street, Canton, Illinois, party of the first part, and the Graham Hospital Association, an Illinois not-for-profit corporation, with its prinicipal offices at 210 West Walnut Street, Canton, Illinois, party of the second part, WITNESSETH: .WHEREAS, the party of the first part represents that it owns cer- tain real property situated in the City of Canton, Fulton County, Illinois, more particularly described as follows: A part of the Northeast and Northwest Quarters of Section 34, Canton Township, Township 7 North, Range 4 East of the Fourth Principal Meridian, Fulton County, Illinois, being more partidularly described as follows: Commencing at the Northwest corner of the Northeast Quarter of said Section 34, thence South 00°05' West (bearings assumed) along the West line of the North- east Quarter of said Section 34, 30..00 feet to a point on the Southerly line of Walnut Street, as a place of beginning of the tract to be described; thence South 89°50' East along said Southerly line of Walnut Street _~ 53.00 feet; thence North 47°09' East 10.26 feet; thence North 89°50' West 4.40 feet; thence South 47°09' West 5.86 feet tb a point on a line parallel with and 3.00 feet normal distant Northerly of the Southerly line of Walnut Street; thence North 89°50' West along said par- allel line 51.82 feet; thence West along said parallel line 148.91 feet; thence North 50°00' West 6.22 feet; thence West 4.67 feet; thence South 50°00' East 10.89 feet to a point on the Southerly line of Walnut Street; thence West along said Southerly line 150.00 feet to the place of beginning. said WHEREAS, the party of the second part desires to use^real property for the erection of a private not-for-profit hospital serving the general public. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: The party of the first part does hereby grant, assign and set over to the party of the second part the following described real property for the erection of a hospital building, to-wi.t: A part of the Northeast and Northwest Quarters of Section 34, Canton Township, Township 7 North, Range 4 East of the Fourth Principal Meridian, Fulton County, Illinois, being more particularly described as follows: Commencing at the Northwest corner of the Northeast Quarter of said Section 34, thence Couth 00°05' West (bearing assumed) along the West line of the North- east Quarter of said Section 34, 30.00 feet to a point on the Southerly line of Walnut Street, as a place of EXHIBIT "A", RESOLUTION NO.~. beginning of the tract to be described; thence South 89°50' East along said Southerly line of Walnut Street 53.00 feet; thence North 47°09' East 10.26 feet; thence North 89°50' West 4.40 feet; thence South 47°09' West 5.86 feet to a point on a line parallel with and 3.00 feet normal distant Northerly of the Southerly line of Walnut Street; thence North 89°50' West along said par- allel line 51.82 feet; thence West along said parallel line 148.91 feet; thence North 50°00' West 6.22 feet; thence West 4.67 feet; thence South 50°00' East 10.89 feet to a point on the Southerly line of Walnut Street; thence West along said Southerly line 150.00 feet to the place of beginning. Except as herein granted, the party of the first part shall con- tinue to have the full use and enjoyment of the aforesaid real pro- perty. The interest herein granted by first party to second party shall be perpetual except that such interest shall automatically revert unto first party, its successors or assigns, upon the happen- ing of one or more of the following events: (1) Removal of the buildings or improvement to be constructed on said .real property; or, (2) Non-Use of the improvement to be erected on said real pro- perty or use thereof for other than a private not-for-profit hospital :. serving the general public. The party of the second part shall bear full responsibility for the use and enjoyment of the real property and shall hold the party of the first part whole and harmless from any claim of damages to persons, property or premises resulting from the use, occupancy and possession thereof by the party of the second part. This Agreement shall be binding upon the parties hereto and each of their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement the date above first mentioned. CITY OF CANTON, an Illinois municipal corporation, first party, BY: ~ ~ , Donald E. Edwards, Mayor. ATTEST: _ A / ~ r L~ ',^ Nan Whites City Clerk. (Corporate Seal) GRAHAM HOSPITAL ASSOCIATION, An Illinois not-for-profit corporation, second party, ~~ I s ~m,c-? i~ ~`~v - ATTEST: Corporate Secretary (C.¢rporate meal) ~.a,..__,,.,. .__._ _.~. .,, ,.. ..~, _, .~ _ '' ,~ r ,, ' ; __ ;. ~~ _,.. ___.. ~ i ~ 2~ -. •' ~ °o I ~~ r• ~ _- _._ ' ~ ~~ I 4 ~, ' `+ _ ~ ~ 4 m~ ~ _ ` Z .y v ~ 'E1 ... :~ C. ,.. .w ~.. j / ~ Y ~ ` ~ s ~ ~ -- ~ ~ OCR ~- _ ~I` :~~ ~ ~P 'O ~ _ ~ A~~ i m ~ . ~ ~` ~ --- '~ r.. ~ yl ~ ! ~ 1 a , f ' C ll n; ~ I L. _._ ._ a ~ , a .- - ; ~ ~ J ~ ~: J ~. ._ _ i fi ~ a ~ . ~ ~ ~ ~ w ~o ~ ~ ~ ~ ~ ~ ~~ , . ~ ~, a ~~' V ~ ' ~ • q ~, V O ` y ' 0 0 ~ ,,, a r _ ,. -_. ~* -~ _ : G\ y ~ ~ ,,' ~ .~ p .~ s , ~ x> ~ t j ` ~~ ~ ~ ~ ~ ~ ~ ~ ' ~ "~ . 2 rn .. 1 ~ ~ ,~~, _ Q ~ _ No,eTN ~_ o _. ` ``~ ` ~ ;;