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Home My WebLink AboutResolution #5451 - accepting bid for surplus property located at 155 S. 2nd Avenue RESOLUTION NO. 5451 A RESOLUTION ACCEPTING BID FOR SURPLUS PROPERTY LOCATED AT 155 S.2nd AVENUE, CANTON,IL 61520 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") East Half(E-1/2) of Lot 71 and Lot 72,N 45-1/2 East Half(E-1/2) of Lot 73; South Half (S-1/2) of Lot 73 and all of Lots 74 and 75, in Jones 2nd Addition to the City of Canton, County of Fulton, State of Illinois. (Final Legal Description Subject to Change) PIN(s): 09-08-27-440-002; 09-08-27-440-004; 09-08-27-440-005; 09- 08-27-440-007; 09- 08-27-440-008; 09-08-27-440-009; 09-08-27-440-010; 09-08-7-440-011 Common Address: 155 S. 2nd Avenue, Canton,IL 61520 WHEREAS, the corporate authorities, by Resolution No. 5444 (adopted August 15, 2023) and 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 has been appraised by Chad A. Beekman, a Certified General Real Estate Appraiser, and his appraisal indicates a fair market value of Fifty Thousand and No/100 Dollars ($50,000.00) (the"Appraised Value"); WHEREAS, Jarvis Welding L.L.P. is the only person or entity that submitted a proposal (the "Proposal") for the purchase of the Surplus Real Estate, a copy of which is attached hereto as "Exhibit A"; WHEREAS, the Proposal offers to purchase the Surplus Real Estate for an amount that is at least 80% of the appraised value of the Surplus Real Estate, as determined by a written certified appraisal from a State certified or licensed real estate appraiser(Chad Beekman); WHEREAS,the corporate authorities have determined that it is in the best interests of the City to sell the Surplus Real Estate to Jarvis Welding L.L.P., subject to the terms and conditions set forth herein. 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 Proposal, attached hereto as "Exhibit A," is hereby ACCEPTED and APPROVED, subject to additional terms and conditions satisfactory to the City; 3. The Mayor is authorized to execute a purchase agreement, for a sale price of $40,000.00 plus other customary closing costs, and any and all other necessary documents, in order to sell all or a portion of the Surplus Real Estate to the Jarvis Welding L.L.P.; 4. The Mayor is authorized to negotiate the purchase agreement, after consulting with the City Attorney, in order to effectuate the sale substantially on the same terms and conditions as in the Proposal and with Section 4 of Resolution 5443, provided that the sale price does not decrease; and 5. Any Resolutions in conflict with this Resolution are hereby repealed or otherwise superseded. 6. 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 3rd day of October,2023. Ayes: Mayor McDowell, Alderpersons Chamberlin, Grimm,Nelson,Lovell, Gossett, Ketcham, Lingenfelter Nayes:None Absent:Alderperson Hale APPROVED: ent McDowell, r ATT ST: drea J. S 'th-Walters, City Clerk 2410093 This document prepared by PATRICK O'BRIAN COUNTY CLERK & RECORDER Chu 0pherJ.imp FULTON COUNTY, IL DAVIS&CAMPBELL L.L.C. RECORDED ON 401 Main Street,Suite 1600 02/01/2024 08:32 AM Peoria,Illinois 616M RECORDING FEE 68.00 Voice:(309)673-1681 RHSP FEE 18.00 Fax:(309)673-1690 PAGES: 3 Email:dump@dcamplaw.com Mail tax bill and return after recording to: B&B Canton Properties,LLC 124 E.Pine Street Canton,IL 61520 SPECIAL WARRANTY DEED The Grantor, the CITY OF CANTON, an Illinois municipal corporation, for the condderation of Ten Dollars ($10.00) and otber good and valuable considwdon GRANTS, BARGAINS and'SELLS to the Grantee, B & B CANTON PROPERTIES, LLC, an Illinois limited Habiility company,the following-descrAW real property(the`IhopwV): The East Half of Lot 71;the But Half of Lot 72;the East Half of Lot 73;the South 37 feet of the West Half of Lot 73;and Lot 74;all in Jones Second Addition to the City of Canton,situated in the County of Fulton and State of Illinois. The above desonbed parted does not include any portion of adjoining Second Avenue which was vacated per City of.Canton Ordinance 146, approved and signed by Mayor Paul Woods on December 18, 1951,and recorded June 22, 1976 as Document No. 76. 48046 in Book 825,Pages 409-410,being the easterly seventeen(17)feet wide strip of said Second Avemic,and Ordinance 563,approved and signed by Mayor Robert Jennings on September 21, 1976, being the remaining forty-nine (49)feet wide strip of Second Avenue. This forty-nine(49)feet wide strip portion of Second Avenue is currently and shall remain property of the City of Canton. P.I.N.(s): 09-08-27-440.002; 09-08 27-440-004; 09.0&27-440.005; 09-08-27440-W7; 09-08-27-440-008;09-08-27440-009;09-08 274"10;09.08 27.""I 1 Common Add=:155 S.2nd Avemme,Canton,IL 61520 1 Fulton County Clerk Recorder Instrument No. 2410093 Page 1 of 3 together with all and singular the hereditaments and appurtenances thereto;to have and to hold the same, with the appurtenances thereto, forever,subject to: (j)a restriction that the Property shall only be used for commercial and/or industrial purposes,and consistent with ordinances of the City of Canton, Illinois, including without limitation zoning ordinances, unless expressly permitted in writing by the City of Canton, Illinois; (ii)the dedications, conditions, covenants, restrictions and easements of record,and all applicable zoning laws and building ordinances,and matters of survey relating to the Property;(iii)and the general real estate taxes which are levied or assessed against the Property with respect to calendar year 2023 and subsequent calendar years. The Property is not homestead property. And the Grantor, for itself and its successors, does covenant, promise and agree to the Grantee, and its successors, that it has not done or suffered to be done, anything whereby the Property is,or may be,in any manner encumbered or charged,except as herein recited;and that it will warrant and defend the Property against all persons lawfully claiming by,through or under the Grantor,except acts of the Grantee,but none other. Dated this A&day of January,2024. I� This Transaction Exempt Under Section CITY OF CANTON, 31-45(b)of the Illinois Real Estate an Illin is Municipal Otir� rAtiOri Tr sfer Tax Law(351 200/31-45(b)). kimc> By.. A d $0 Xen Buyer,Seller, r Repre ativ A. eDowe/,aMeyor f r Attest: .. Andrea J.S 1ith-Walters,City Clerk STATE OF ILLINOIS ) SS COUNTY OF FULTON ) I, the undersigned, Notary Public in and for said County and State aforesaid,do hereby certify that Kent A.McDowell,Mayor of the City of Canton,an Illinois municipal corporation, personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed and delivered the said instrument as a free and voluntary act for the uses and purposes therein set forth. Given under my hand and official seal this day of January,2024. 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I ® Dlr�bnAeEba�Aoidoreprb�nletoompton IOww1btfa bad cowl I cola Mlaraplw . MGM— tGemb O'OF OASOFFMTOM001 0,LUMOKtAftwwaylnpebpttM db"Ir tbj >ndb r spas tormoftbo6lbdaRatIW. t NANCY A.SCHE _ _ , u Oft 19�aa� Wemee � OeBc_. BW,solbadaadaaoelbbelmaatatrb, darat,�UARY m 24 OFFKXALM d omiaU1DWCOMMWNWM tl, IQM71AMM ,- �ypoait�smatWa�ttaasgrAdddstoaaad]bataoftodspstposee swanea"MIM I I T*13 Mao FatttbraIFletOfBasttdoa�neec� Dar.— Fulton County Clerk Recorder Instrument No. 2410093 Page 3 of 3