HomeMy WebLinkAboutResolution #0954RESOLUTION N0. 954
A RESOLUTION APPROVING AN "OFFER TO PURCHASE REAL PROPERTY"' AND
DIRECTING THE MAYOR TO EXECUTE THE SAME ON BEHALF OF THE CITY
WHEREAS, the Community and Industrial Development Committee has determined
that iE is in the best interest of the City of Canton to purchase certain real
property more particularily described in Exhibit "A" hereto attached; and,
WHEREAS, the City Council of the City of Canton, Fulton County, Illinois
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 it is in the best interest of the City of Canton to purchase
certain real property more particularily identified in Exhibit "A" hereto
attached and upon the terms and conditions therein set forth. That said
Exhibit is herein incorporated by reference.
2. That the Mayor of the City of Canton, Fulton County, Illinois is
hereby authorized and directed to execute and deliver an original copy of
said Exhibit to the proposed Sellers therein named.
3. That, upon acceptance of such offers, all City officers are hereby
authorized and instructed to take such other and further actions as may be
reasonably necessary to conclude the purchase in said Exhibit contemplated.
4. That this Resolution shall be effective 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 2Qth day of di~~~ 1982, upon a roll
call vote as follows:
AYES: Aldermen Horr, Larsen, Grant, Savill, Kovachevich.
NAYS: Aldermen Carl, Sarff.
ABSENT: None.
APPROVED ;
Donald E. Edwards, Mayor.
ATTEST:
Nancy Whites, City Clerk.
OFFER TO BDY ?," AT ESTATE AND ACCEPTANCE
T0: Deborah Walters, herinafter designated as "Seller".
The City of Canton, a Municipal Coraoration, hereinafter called the "City"
hereby offers to purchase the real estate owned by the undersigned Seller
situated in the City of Canton, Fulton County, State of Illinois, described
as follows:
The northerly 96.5 feet c= Lot 3 and the northerly
96.5 feet of the Mesterly 25 feet of Lot 4 in
Ripple's Addition to the City of Canton, Fulton
County, Illinois co-=only known as 75N 8th Avenue..
1. PURCHASE PRICE AND POSSESSIONi. The purchase price shall be nine
thousand five hundred dollars ($9,500).. As part of the consideration
hereunder the City shall be enti~lee to possession of the entire tract
of land herein described on or before August 9, 1982 and shall have the
right to use the land and construct thereon any and all improvements
contemplated notwithstanding pa~~ent may not have been made for the land
nor title thereto conveyed to the City.
2. TERMS OF CONVEYANCE. The Seller shall convey by Warranty Deed to
the City a good and merchantable title to the land satisfactory to the
Attorney for the City, free and clear of all mineral rights, easements,
restrictions, leases, judgements, taxes, and assessments, existing or
inchoate, liens or encumbrances of any sort at the date of payment by
the City of the purchase price, together with all right, title and in-
terest in and to any street,roads, avenues, alleys, alleyways, and rights
of way_, abutting or in anywise appertaining to the land herein described.
The Seller agrees at their ex-perse to pay the cost of preparation and
recording all deeds or other evid`nce of title necessary in the opinion
~, of the Attorney for the City to -:est in the City a valid and satisfactory
' title to the land. The Se ller aa--ees to furnish to the City, within ten
(10) days from the date hereof, s-~ch abstracts, certificates, or other
e8idence of title as he n_ay have affecting the premises to be transferred
to the City. The City shall continue and pay for ti3e Abstract of Title
and examination of title at its cYe~se but the Seller shall pay for the
costs and fees incurred to clear their title.
3. PAYMENT OF PRICE. Pay~+ent of the purchase price specified in Paragraph
1 (but without any interest thereon) shall be made upon conveyance to
the City of title to the land anc: approval thereof by the Attorney for
the City, and shall be full and ;ust compensation for all obligations
of the City hereunder and all clams ~,zhich the Seller may have or assert
by reason of the possesseion or occupancy of the land by the City,
whether acquisition be by direct purchase or through condemnation pro-
ceedings as provided in Paragrap~ ~ zereof.
4. CONDITION OF PROPERTY AT TI'_~.r.... OF CITY'S TAKING POSSESSION. Loss or
damage to the land or improvements t^ereon shall be at the risk of the
Seller until possession thereof :.as been surrendered, or until title
thereto has been conveyed to the Cit;:, whichever occurs first, and in
the event of any loss or damage to said land, or improvements, prior
to such surrender of possession or conve~iance of title, as the case may
be, the City may, at its option, c.aTcel the contract created b~~ the
acceptance of this offer or agree to make whatever adjustment of the
purchase price that may be appropriate to cover any such loss or damage.
5. SALE PRICE OF PROPERTY I_; E:y^_:i OF CO\'DE:~IATION PROCEEDINGS, In the
event that the City consieers it ecessary or advantageous to its inte-
rest to have the land acquired taro~~?h condemnation proceedings, the
Seller agrees that the price stated in Paragraph 1 which he hereby de-
clares to be the fair market value c~ the real estate inclusive of every
interest therein, shall be full a:,d just condensation payable by the
City for the taking of the prop_rr~•, and that any and all awards of
just compensation to any and all other parties shall be payable and
deductible from said sum. The Seller further agrees in the event of
the institution of condemnation proceedings that this offer and the
acceptance thereof shall constitute and be a stipulation which may be
filed in such condemnation proceedings fixing the fair market value a.nd
just compensation to be paid for the taking thereof in the amount of
the contract price herein set forth.
6. TIME PERIOD OFFER IS IN FORCE. If this offer is not accepted by the
Seller on or before
and void.
the 25th day of July, 1982, it shall become null
7. TAXES. The general taxes for the year 1981, payable in the year. 1982,
and all unpaid taxes for prior years, shall be paid by the Seller. The
general taxes for the year 1982, payable in the year 1983, shall be pro-
rated from January 1, 1982 to date of payment of the purchase price.
The actual rate will be used if it is determined. Prior to knowledge
of the actual tax rate, the estimate of the County Clerk will be used.
If the estimate of the County Clerk is not avaible, the proration shall
be based on~the most recent ascertainable taxes. If so requested by the
City, the Seller agrees to deliver the last paid real estate tax bill.
8. DEDUCTIONS FROM PFIRCHASE PRICE. It is agrees at the time of settle-
went, funds for the purchase price may be used to pay taxes and other
liens to comply with the above requirements, same to be handled under
the supervision of the Department of Community Development of the City
and the legal representative of the City, as agents, and subject to the
approval of the Attorney for the City on title questions involving and
needed to produce merchantable title.
9. Upon acceptance of this offer by Seller, it shall become a binding
contract between the parties hereto, and their heirs, executors, admini-
strators, assigns, and successors in interest. However, this offer is
subject to the City obtaining all interests, including leaseholds, in
the above-described property. In no event shall this offer be binding
on the City unless and until it has signed Offers to Buy from parties
and tenants interested in the above-described property.
10. All notices and demands herein regired shall be in writing. The
mailing of a notice by certified mail to the Seller shall be sufficient
service thereof.
Executed in duplicate at CANTON, STATE OF ILLINOIS, this o~~ay of
1982.
CITY OF C TON, ILLINOIS
BY : /~ l~'L~ ~~
DONALD E . EDI-]ABDS ~YOR
~/
The foregoing Offer to Buy is hereby accepted this ~~~~day of
- .~,~. 1982.
- f r. ,
r
G% '
SELLER