HomeMy WebLinkAboutResolution #5393 - authorizing the mayor to execute a notice of federal interest, in relation to WTP project RESOLUTION NO. .3 9 A
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A NOTICE OF
FEDERAL INTEREST,IN RELATION TO THE WATER TREATMENT PLANT
PROJECT BEING PARTIALLY FUNDED BY THE U.S.DEPARTMENT OF
COMMERCE,ECONOMIC DEVELOPMENT ADNIINISTRATION,AND TO RECORD
SAID NOTICE OF FEDERAL INTEREST IN THE LAND RECORDS OF FULTON
COUNTY,ILLINOIS.
WHEREAS, on or about January 19, 2021, the City of Canton, Illinois (the "City") was
awarded a grant in the amount of approximately $1,026,637 (the "Award") from the U.S.
Department of Commerce("EDA")to support the expansion of water infrastructure in the City;
WHEREAS, pursuant to 13 C.F.R. Part 314 (the "Federal Regulations"), the City must
secure a Federal Interest in the Project Property associated with the Award for the Estimated Useful
Life of the Project through a recorded lien, statement or other recordable interest setting forth
EDA's Property interest in a Project(the terms "Estimated Useful Life of the Project," "Federal
Interest," "Project," "Project Property," "and "Property" shall have those definitions as set forth
in the Federal Regulations);
WHEREAS,the Mayor and City Council have determined that it is necessary and in the
best interests of the City of Canton for the Mayor to execute the Notice of Federal Interest,
substantially in the form as attached hereto as "Exhibit A" and to record the same in the Land
Records of Fulton County,Illinois.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CANTON,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. That the Notice of Federal Interest, substantially in the form as attached hereto as
"Exhibit"A" is hereby approved.
3. That the Mayor of the City of Canton, Illinois is hereby authorized to execute said
Notice of Federal Interest on behalf of the City of Canton.
4. That the Mayor of the City of Canton, Illinois is hereby authorized to record the
executed Notice of Federal Interest in the Land Records of Fulton County,Illinois.
5. That the City Treasurer shall cause appropriate payment to be issued in relation to any
recording fees necessary to accomplish the foregoing.
5.That this Resolution shall be in full force and effect immediately upon its passage by the
City Council of the City of Canton,Illinois and approval by the Mayor thereof.
PASSED by the City Council of the City of Canton,Illinois at a regular meeting this 181'
day of October,2022 upon a roll call vote as follows:
AYES: Mo-yoR N\c-1 ►0e,ll, WLbG9:Pt450Q5 00.55CTT) Loy e-i1, Ne,lsoN)Chvkmlate,lIN
NAYS: Not,3L
ABSENT: Y-tUegl?UsotAS P93%I-z. We-S T) IIIL1 U n'e,NFc-1To6L
PROVED:
ent McDowell,If r
ATTEST:
Andrea J.Amith-WaItZ,,Acting City Clerk
' S
Prepared by and Return to:
U.S. Department of Commerce
Economic Development Administration
230 South Dearborn Street, Suite 3280
Chicago,IL 60604
NOTICE OF FEDERAL INTEREST
On January 19,2021,the U.S. Department of Commerce, Economic Development Administration
("EDA")awarded a grant in the amount of$1,026,637 to the City of Canton,Illinois;(EDA Project
No. 06-01-06249) (the "Award") to support the expansion of water infrastructure in the City of
Canton Illinois. The water infrastructure to be expanded is located on real property described in
"Exhibit A"attached hereto (the"Property"). The scope of work supported by the Award includes
improvements to a water treatment plant, construction of a new building, and related activities as
described more fully in the Award's scope of work.
The Terms and Conditions of the Award and EDA regulations impose conditions on use of the
Property and provide for a continuing Federal interest in the property during the Useful Life of the
improvements funded by the Award, which EDA has determined to be 20 years from the date of
construction completion. Specifically, the Property may not be (1) used for any purpose
inconsistent with the purpose of the Award or EDA regulations at 13 C.F.R. part 314; (2)
mortgaged or otherwise used as collateral without the written permission of EDA; or (3) sold or
transferred to another party without the written permission of EDA, provided, however, that the
Award authorizes lease of the property for uses consistent with the purpose of the Award. These
conditions are in accordance with the EDA regulations at 13 C.F.R. part 314,the Specific Award
Conditions applicable to the Award,and the EDA Standard Terms and Conditions for Construction
Projects. These grant conditions and requirements cannot be nullified or voided through a transfer
of ownership.
Notice of any proposed change in usage or ownership of the Property must be provided to the
Regional Director, Chicago Regional Office, Economic Development Administration, 230 South
Dearborn Street, Chicago, Illinois, 60604.
(Signature Page Follows)
This Notice is provided by City of Canton,Illinois through its undersigned representative.
Signature:
Name: Kent A. McDowell
Title: Mayor
Date:
ATTEST:
Andrea J. Smith-Walters,Acting City Clerk
STATE OF ILLINOIS )
) ss.
COUNTY OF FULTON )
The foregoing instrument was acknowledged before me, a Notary Public in and for said County
and State, this day of September, 2022, by Kent A. McDowell (Mayor) on behalf of the
City of Canton,Illinois.
Notary Public
My commission expires:
EXHIBIT A
A part of the Northeast Quarter of Section 30, Township 4 North,Range 5 East of the Fourth
Principal Meridian, City of Canton,Fulton County,Illinois,more particularly described as
follows:
Commencing at the southeast corner of said Northeast Quarter,thence North 89 degrees 21
minutes, 48 seconds West along the south line of said Northeast Quarter 636.00 feet to the Point
of Beginning of the parcel to be described:
From the Point of Beginning,thence continuing North 89 decrees 21 minutes 48 seconds West
along said south line 965.00 feet;thence North 03 degrees 15 minutes 41 seconds East 750.00
feet; thence North 15 degrees 48 minutes 23 seconds East 455.00 feet; thence South 57 degrees
58 minutes 23 seconds East 986.95 feet;thence South 03 degrees 15 minutes 41 seconds West
675.00 feet to the Point of Beginning.
The above described parcel contains 20.717 acres,more or less.
P.I.N.: Part of 10-09-30-100-020
IU171 JAI 1.111111111111
. _ TX 422837622
Prepared by and Return to: ?4 .;r
U.S. Department of Commerce F'ATRIC:k; 0'BF:IHN
COUNTY CLERK & RECORDER
Economic Development Administration FULTON GOUNT11 , IL
230 South Dearborn Street, Suite 3280 RECORDED ON
Chicago, IL 60604 111'04,12022 10.48 AM
RECORDING FEE 67.00
PAGES.-; 3
NOTICE OF FEDERAL INTEREST
On January 19,2021,the U.S. Department of Commerce, Economic Development Administration
("EDA")awarded a grant in the amount of$1,026,637 to the City of Canton,Illinois;(EDA Project
No. 06-01-06249) (the "Award") to support the expansion of water infrastructure in the City of
Canton Illinois. The water infrastructure to be expanded is located on real property described in
"Exhibit A"attached hereto (the"Property"). The scope of work supported by the Award includes
improvements to a water treatment plant, construction of a new building, and related activities as
described more fully in the Award's scope of work.
The Terms and Conditions of the Award and EDA regulations impose conditions on use of the
Property and provide for a continuing Federal interest in the property during the Useful Life of the
improvements funded by the Award, which EDA has determined to be 20 years from the date of
construction completion. Specifically, the Property may not be (1) used for any purpose
inconsistent with the purpose of the Award or EDA regulations at 13 C.F.R. part 314; (2)
mortgaged or otherwise used as collateral without the written permission of EDA; or (3) sold or
transferred to another party without the written permission of EDA, provided, however, that the
Award authorizes lease of the property for uses consistent with the purpose of the Award. These
conditions are in accordance with the EDA regulations at 13 C.F.R. part 314, the Specific Award
Conditions applicable to the Award,and the EDA Standard Terms and Conditions for Construction
Projects. These grant conditions and requirements cannot be nullified or voided through a transfer
of ownership.
Notice of any proposed change in usage or ownership of the Property must be provided to the
Regional Director, Chicago Regional Office, Economic Development Administration, 230 South
Dearborn Street, Chicago, Illinois, 60604.
(Signature Page Follows)
This Notice is provided by City of Canton,Illinois throu h its undersigned representative.
Signature: _
Name: Kent A. McDowell
Title: Mayor
Date:
ATTE T:
'^ Q
drea J. Smith-Walters,Acting City Clerk
STATE OF ILLINOIS )
ss.
COUNTY OF FULTON )
The foregoing ms ent was acknowledged before me, a Notary Public in and for said County
and State,this /Y day of October, 2022, by Kent A. McDowell (Mayor) on behalf of the City
of Canton, Illinois.
Notary Public
My commission expires: c 4
OFFiCA.SEAL
CAROL E KOHLER
NOTARY PUBLIC.STATE OF ILLINOIS
MYCOiM 61pDEl(PiRES:tOf0211028
EXHIBIT A
A part of the Northeast Quarter of Section 30, Township 4 North, Range 5 East of the Fourth
Principal Meridian, City of Canton, Fulton County, Illinois, more particularly described as
follows:
Commencing at the southeast corner of said Northeast Quarter, thence North 89 degrees 21
minutes, 48 seconds West along the south line of said Northeast Quarter 636.00 feet to the Point
of Beginning of the parcel to be described:
From the Point of Beginning,thence continuing North 89 decrees 21 minutes 48 seconds West
along said south line 965.00 feet; thence North 03 degrees 15 minutes 41 seconds East 750.00
feet;thence North 15 degrees 48 minutes 23 seconds East 455.00 feet; thence South 57 degrees
58 minutes 23 seconds East 986.95 feet; thence South 03 degrees 15 minutes 41 seconds West
675.00 feet to the Point of Beginning.
The above described parcel contains 20.717 acres, more or less.
P.I.N.: Part of 10-09-30-100-020