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HomeMy WebLinkAboutResolution #5386 - sale of surplus public real estate located on North Dal Bar Road 3g RESOLUTION NO. A RESOLUTION AUTHORIZING SALE OF SURPLUS PUBLIC REAL ESTATE LOCATED ON NORTH DAL BAR ROAD WHEREAS,the City of Canton, Fulton County, Illinois ("City"), is a non-home rule unit of government; WHEREAS, Section 11-76-4.1 of the Illinois Municipal Code (65 ILCS 5/11-76-4.1) provides: Sale of surplus real estate. The corporate authorities of a municipality by resolution may authorize the sale or public auction of surplus public real estate.The'value of the real estate shall be determined by a written MAI certified appraisal or by a written certified appraisal of a State certified or licensed real estate appraiser. The appraisal shall be available for public inspection. The resolution may direct the sale to be conducted by the staff of the municipality; by listing with local licensed real estate agencies, in which case the terms of the agent's compensation shall be included in the resolution; or by public auction. The resolution shall be published at the first opportunity following its passage in a newspaper published in the municipality or,if none,then in a newspaper published in the county where the municipality is located. The resolution shall also contain pertinent information concerning the size, use, and zoning of the real estate and the terms of sale. The corporate authorities may accept any contract proposal determined by them to be in the best interest of the municipality by a vote of two-thirds of the corporate authorities then holding office, but in no event at a price less than 80% of the appraised value. WHEREAS, the City currently owns the following described surplus real estate (hereinafter the"Surplus Real Estate") Part of the Northeast Quarter of Section 30, Township 7 North,Range 5 East of the Fourth Principal Meridian, more particularly described as follows: Beginning at an iron rod at the southeast corner of Lot 20 in Old Beach Addition, as shown on Plat of Survey recorded November 7, 2017 as Document No. 1778527 in Slide 539, thence South 05 degrees 36 minutes 57 seconds West (bearings based on Illinois State Plane Coordinate System, NAD83 (2011), West Zone) 166.29 feet to a fence post; thence North 88 degrees 10 minutes 25 seconds West 132.72 feet to an iron rod; thence North 01 degrees 09 minutes 00 seconds East 128.37 feet to an iron rod at the southwest corner of said Lot 20; thence North 77 degrees 19 minutes 27 seconds East along the southerly line of said Lot 20 a distance of 150.00 feet to the Point of Beginning. The above described tract contains 20,359 square feet, more or less, or 0.467 acres, more or less. WHEREAS, the corporate authorities, by this Resolution, have determined that the Surplus Real Estate is no longer necessary, appropriate, required for the use of, profitable to, or for the best interests of the City; WHEREAS, the Surplus Real Estate is currently vacant and its use is intended for future residential development; WHEREAS,the City has authorized Surplus Real Estate to be leased to the John W. and Gloria D. Davis Land Trust Number 1, dated August 26, 2010, upon closing of adjacent property being purchased by said Land Trust, and the Land Trust's possession of and use of the Surplus Real Estate shall be limited to utilizing said Surplus Real Estate for ingress/egress to other property leased and/or owned by the Land Trust and for purposes of developing the real property located adjacently North of the Premises which the Land Trust will be developing for residential purposes. WHEREAS, the Surplus Real Estate is currently zoned Conservation (CO-1); however, the corporate authorities intend that the Surplus Real Estate be rezoned as a Single-Family Residential District(R-1)prior to or upon closing of the sale of the Surplus Real Estate; WHEREAS,the corporate authorities have determined that it is in the best interests of the City to sell the Surplus Real Estate for further residential development. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF CANTON, FULTON COUNTY, ILLINOIS AS FOLLOWS: 1. That the Recitals set forth above, and all facts and statements contained therein,are found to be true and correct and are hereby incorporated and adopted as part of this Resolution; 2. The City Attorney and/or the Mayor are hereby authorized to order a written MAI certified appraisal or a written certified appraisal a State certified or licensed real estate appraiser for purposes of determining the value of the Surplus Real Estate. The appraisal shall be available for public inspection upon receipt of same at the City Clerk's office and during regular business hours. 3. The City encourages any parties interested in submitting a proposal to purchase the Surplus Real Estate, on the terms and conditions set forth herein,to the City to submit same to the Mayor's Office, in writing, no later than September 2, 2022. 4. The City Clerk shall cause this Resolution to be published at the first opportunity following its passage in a newspaper published in the municipality, or if none,then in a newspaper published in Fulton County. 5. The substantive terms of the sale of the Surplus Real Estate shall be as follows: Purchase Price:No less than eighty percent(80%) of the appraised value Size of Real Estate: 20,359 square feet, more or less, or 0.467 acres, more or less Zoning: The Surplus Estate shall be rezoned as a Single-Family Residential District (R-1)prior to on effective on the date of closing Use: The Surplus Estate shall be used solely for residential purposes. Closing Date: On or before December 31, 2022 Restrictions/Covenants:Upon closing,the Surplus Real Estate shall be encumbered by restrictions and/or covenants satisfactory to the City and consistent with development of nearby property 6. The Purchase price shall not be any less than 80% of the appraised value. 7. The sale of the Surplus Real Estate shall be conducted by the Mayor,being staff of the City of Canton. 8. The City hereby reserves the right to accept any contract proposal determined to be in the best interest of the City of Canton. 9. The final contract accepted by the City shall be subject to a vote of two-thirds (2/3) of the corporate authorities then holding office. 10. This Resolution shall be in full force and effective immediately upon its passage by the City Council of the City of Canton and approval by the Mayor thereof. PASSED AND APPROVED THIS 19th day of July, 2022. AYES: Mayor Kent McDowell, Justin Nelson, John Lovell, Craig West, Angela Hale, Jeff Fritz, Angela Lingenfelter, Greg Gossett NAYS: _ None ABSENT: Alderperson Andra Chamberlin APPRO By: I ' Kent McDowell, Mayor ATTEST: / /���S Diana Pavley-Rock, City Clerk AFFP Res 4296 I CITY OF CANTON City of Canton ATTN:ACCTS PAYABLE 2 N MAIN ST CANTON, IL 61520 - - I Affidavit of Publication STATE OF ILLINOIS' COUNTY OF FULTON I,said Legal Clerk, being duly sworn, says: That I am the Legal Clerk of the Daily Ledger, a daily newspaper of general circulation, printed and published in Canton, Fulton County, Illinois;that the publication, a copy of which is attached hereto,was published in the said newspaper in the issues dated: July 29, 2022 That said newspaper was regularly issued and circulated on those dates. SIGNED: al C e Subscribed t nd sworn to me th' 29th day of July 2022. Notary PLWic, State Wisconsin, County of Brown My commission expires: 00017307 00121349 AMY KOKOTT Notary Public State of Wisconsin RESOLUTION NO.5386 ARESOLUTION AUTHORIZING SALE OF SURPLUS PUBLIC REAL ESTATE LOCATED ON NORTH DAL BAR ROAD WHEREAS,the City of Canton,Fulton County, Illinois("City"), is a non-home rule unit of government: WHEREAS,Section 11-764.1 ofthe Illinois Municipal Code(65 ILCS 5/11-76-4.1)provides: Sale of surplus real estate.The corporate authorities of a municipality by resolution may authorize the sale or public auction of surplus public real estate.The value ofthe real estate shall be determined by a written MAI certified appraisal or by a written certified appraisal of a State certified or licensed real estate appraiser.The appraisal shall be available for public inspection.The resolution may direct the sale to be conducted by the staff of the municipality;by listing with local licensed real estate agencies,in which case the terms ofthe agent's compensation shall be included in the resolution;or by public auction.The resolution shall be published at the first opportunity following its passage in a newspaper published in the municipality or,if none,then in a newspaper published in the county where the municipality is located.The resolution shall also contain pertinent information concerning the size,use,and zoning ofthe real estate and the terms of sale.The corporate authorities may accept any contract proposal determined by them to be in the best interest of the municipality by a vote of two-thirds ofthe corporate authorities then holding office,but in no event at a price less than 80%of the appraised value. WHEREAS,the City currently owns the following described surplus real estate(hereinafter the "Surplus Real Estate") Part ofthe Northeast Quarter of Section 30,Township 7 North,Range 5 East ofthe Fourth Principal Meridian,more particularly described as follows: Beginning at an iron rod at the southeast comer of Lot 20 in Old Beach Addition,as shown on Plat of Survey recorded November 7,2017 as Document No.1778527 in Slide 539,thence South 05 degrees 36 minutes 57 seconds West(bearings based on Illinois State Plane Coordinate System,NAD83 (2011),West Zone)166.29 feel to a fence post;thence North 88 degrees 10 minutes 25 seconds West 132.72 feet to an iron rod;thence North 01 degrees 09 minutes 00 seconds East 128.37 feet to an iron rod at the southwest comer of said Lot 20;thence North 77 degrees 19 minutes 27 seconds East along the southerly line of said Lot 20 a distance of 150.00 feet to the Point of Beginning. The above described tract contains 20,359 square feet,more or less,or 0.467 acres,more or less. WHEREAS,the corporate authorities,by this Resolution,have determined that the Surplus Real Estate is no longer necessary,appropriate,required for the use of,profitab!e to,or for the best — - interests ofthe City; WHEREAS,the Surplus Real Estate is currently vacant and its use is intended for future residential development; WHEREAS,the City has authorized Surplus Real Estate to be leased to the John W.and Gloria D.Davis Land Trust Number 1,dated August 26,2010,upon closing of adjacent property being purchased by said Land Trust,and the Land Trust's possession of and use of the Surplus Real Estate shall be limited to utilizing said Surplus Real Estate for ingress/egress to other property leased and/or owned by the Land Trust and for purposes ofdeveloping the real property located adjacently North of the Premises which the Land Trust will be developing for residential purposes. WHEREAS,the Surplus Real Estate is currently zoned Conservation(CO-1);however,the corporate authorities intend that the Surplus Real Estate be rezoned as a Single-Family Residential District(R- I)prior to or upon closing ofthe sale ofthe Surplus Real Estate, WHEREAS,the corporate authorities have determined that it is in the best interests ofthe City to sell the Surplus Real Estate for further residential development. NOW THEREFORE,BE IT RESOLVED BY TILE MAYOR AND THE CITY COUNCIL OFTHE CITY OF CANTON,FULTON COUNTY,ILLINOIS AS FOLLOWS: 1.That the Recitals set forth above,and all facts and statements contained therein,are found to be true and correct and aro hereby incorporated and adopted as part of this Resolution; 2.The City Attorney and/or the Mayor are hereby authorized to order a written MAI certified appraisal or a written certified appraisal a State certified or licensed real estate appraiser for purposes of determining the value of the Surplus Real Estate.The appraisal shall be available for public inspection upon receipt of same at the City Clerk's office and during regular business hours. 3.The City encourages any parties interested in submitting a proposal to purchase the Surplus Real Estate,on the terms and conditions set forth herein,to the City to submit same to the Mayor's Office,in writing,no later than September 2,2022. 4.The City Clerk shall cause this Resolution to be published at the first opportunity following its passage in a newspaper published in the municipality,or if none,then in a newspaper published in Fulton County. S.The substantive terms ofthe sale of the Surplus Real Estate shall be as follows: •Purchase Price:No less than eighty percent(80%)of the appraised value •Size of Real Estate:20,359 square feet,more or less,or 0.467 acres,more or less • Zoning:The Surplus Estate shall be rezoned as a Single-Family Residential District(R-1) - prior to on effective on the date of closing •Use:The Surplus Estate shall be used solely for residential purposes.Closing Date:On or before December 31,2022 •Restrictions/Covenants:Upon closing,the Surplus Real Estate shall be encumbered by restrictions and/or covenants satisfactory to the City and consistent with development of nearby property 6.The Purchase price shall not be any less than 80%of the appraised value. 7.The sale of the Surplus Real Estate shall be conducted by the Mayor,being staff of the City of Canton. 8.The City hereby reserves the right to accept any contract proposal determined tobe in the best interest of the City of Canton. 9.The final contract accepted by the City shall be subject to a vote of two-thirds(2/3)ofthe corporate authorities then holding office. 10.This Resolution shall be in full force and effective immediately upon its passage by the City Council of the City of Canton and approval by the Mayor thereof. PASSED AND APPROVED THIS 19th day of July,2022. AYES: NAYS:ABSENT: Mayor Kent McDowell,Justin Nelson,John Lovell,Craig West,Angela Hale,Jeff Fritz,Angela Lingenfelter,Greg Gossett None AldetpersonArdraChamberlin By; Kent McDowell,Mayor ATTEST: i Diana Pavley-Rock,City Clerk TE-121349