Loading...
HomeMy WebLinkAboutOrdinance #4513 - Acquisition of 125 S. Avenue G STATE OF ILLINOIS) ) SS. COUNTY OF FULTON) CERTIFICATE I, Andi Smith-Walters, certify that I am the duly elected City Clerk of the CITY OF CANTON, FULTON COUNTY, ILLINOIS. I further certify that on November 4. 2025, the City Council of such municipality passed and approved Ordinance #4513 entitled: AN ORDINANCE AUTHORIZING ACQUISITION OF 125 S. AVENUE G, CANTON, IL 61520 BY THE CITY OF CANTON The ordinance attached is a true and correct copy of the ordinance adopted by Canton City Council. DATED AT CANTON, ILLINOIS, THIS 4th DAY OF NOVEMBER, 2025 Seal di Smith-Walters, City Clerk ity of Canton, Illinois ORDINANCE NO. 4513 AN ORDINANCE AUTHORIZING ACQUISITION OF 125 S. AVENUE G, CANTON, IL 61520 BY THE CITY OF CANTON WHEREAS, the City of Canton (the "City") has the authority to promote the health, safety,and welfare of the City and its citizens and to encourage development,job creation, and/or the full utilization of real estate; and WHEREAS, pursuant to 65 ILCS 5/8-1-2, the City has the authority to appropriate money for corporate purposes only and provide for payment of debts and expenses of the corporation; and WHEREAS, certain property purportedly owned by Michael Ray Elwell (the "Owner")with a common address of 125 S. Avenue G., Canton, Illinois 61520 and legally described in "Exhibit A" attached hereto (PIN 09-08-28-410-001) (the "Property") is located within the corporate territorial limits of the City; and WHEREAS, the Property is currently unoccupied and the City has deemed the buildings located thereon dangerous and unsafe in accordance with the City's Municipal Code and Illinois law, and the Owner wishes to transfer title of the Property to the City for demolition purposes, provided the City acquires title for the Property in return for paying all real estate closing and recording fees necessary to transfer title of the Property without additional obligation of the City to further compensate the Owner; and WHEREAS, the City Council and Mayor of the City deem it in the best interests of the residents of the City to accept the gift of the Property to be used for public purposes, subject to the City conducting appropriate due diligence in relation to the Property, including but not limited to having title work and environmental inspections conducted; and WHEREAS, Section 11-61-3 of the Illinois Municipal Code (65 ILCS 5/11-61-3) provides, in part: "[t]he corporate authorities of each municipality having a population of less than 1,000,000 inhabitants shall have the express power to purchase or lease either real estate or personal property for public purposes through contracts which provide for the consideration for such purchase or lease to be paid through installments to be made at stated intervals during a certain period of time, but, in no case, shall such contracts provide for the consideration to be paid during a period of time in excess of 20 years[]"; WHEREAS,pursuant to the provisions of Section 11-61-1.5 of the Illinois Municipal Code(65 ILCS 5/11-61-1.5),"[e]very municipality has the power to acquire by gift,legacy, or grant any real estate or personal property,or rights therein,for purposes authorized under this Code as its governing body may deem proper, whether the land or personal property is located within or outside the municipal boundaries[]"; and Pagel of 3 WHEREAS,the Owner has agreed to gift the Property to the City, subject to the City being responsible for any and all closing costs and recording fees relating to the transfer of title of the Property; and WHEREAS,the City will incur reasonable closing expenses, including but not limited to title insurance premiums, other related closing expenses, and environmental inspection expenses to acquire the Property for the City,and funds are presently and shall be available in the future for the acquisition and demolition of the Property. NOW,THEREFORE,BE IT ORDAINED by the City Council of the City of Canton, Fulton County and State of Illinois, as follows: 1. The foregoing recitals are incorporated herein as findings of the City Council of the City of Canton. 2. The City Council and Mayor of the City of Canton hereby determine that it is advisable, necessary, and in the best interests of the City to acquire the Property by gift, subject to the City's satisfaction of its due diligence review related to the Property, including but not limited to conducting title work and environmental inspections.Upon the City's satisfactory completion of its due diligence review, the Mayor is hereby authorized to accept a deed transferring the Property to the City. 3. Upon the City's satisfactory completion of its due diligence review of the Property,the Mayor is hereby authorized to take all necessary actions and to execute any documents necessary to accomplish the acquisition of the Property by gift and to pay reasonable and necessary closing expenses and due diligence expenses, including but not limited to title work and environmental inspections. The City Treasurer is hereby authorized to issue any necessary payments to accomplish the foregoing. 4. This Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Passed this 4th day of November, 2025. AYES: Alderpersons Chamberlin, Lovell, Hale, Pickel, Ketcham, Gossett NAYS: None ABSENT: Alderpersons Grimm Nelson ABSTAIN: None APPROVED: Kent cDowel , yor F T:Z ell erk Page 2 of 3 EXHIBIT A Lots 10, 11, and 12 in Block 1 in Babcock's Quality Hill Second Addition to the City of Canton; situated in the County of Fulton and State of Illinois. PIN: 09-08-28-410-001 Property Address: 125 S. Avenue G, Canton, IL 61520 Page 3 of 3 This document prepared by: DAVIS&CAWBELL L.L.C. 401 Main Street, Suite 1600 Peoria, Illinois 61602 Phone: (309) 673-1681 Fax: (309) 673-1690 Mail tax bill and return after recording to: City of Canton Attn: City Treasurer 2 N. Main Street Canton, IL 61520 GENERAL WARRANTY DEED The Grantor, MICHAEL RAY ELWELL, of Temple, Texas, for the consideration of Ten Dollars ($10.00) and other good and valuable consideration CONVEYS and WARRANTS to the Grantee, CITY OF CANTON, an Illinois municipal corporation, the real property described on Exhibit A(the"Property"). Subject to all easements, covenants and restrictions of record and applicable zoning and building restrictions relating to the Property. Subject to the general real estate taxes which are levied or assessed against the Property with respect to calendar year 2026 and subsequent calendar years. The Grantor hereby releases and waives all rights under and by virtue of the Homestead Exemption Laws of the State of Illinois. Exempt pursuant to Section 3145(b) of the Real Estate Transfer Tax Law. Date: 'Michael Ray Kwell, Grantor [SIGNATURE PAGE TO FOLLOW] 1 Dated this 2 5 day of 2026. MICHAEL RAY ELWELL, Grantor By: Michael R lwell STATE OF G S ) SS COUNTY OF ✓.fieZZ ) 1, the undersigned, Notary Public in and for said County and State aforesaid, do hereby certify that Michael Ray Elwell, 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 t brU u rq , 2026. Notar)hublic ►�`•� MATTHEW KALLAIL Notary ID#124993810 My Commission Expires ?O'er November 21,2029 2 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Lots 10, 11, and 12 in Block 1 in Babcock's Quality Hill Second Addition to the City of Canton; situated in the County of Fulton and State of Illinois. Tax I.D.Number: 09-08-28-410-001 Common Address: 125 S. Avenue G, Canton, IL 61520 3 Old Republic National Title Insurance Company ALTA (2006) LOAN AND EXTENDED COVERAGE STATEMENT(ILLINOIS FORM) STATEMENT REQUIRED FOR THE ISSUANCE OF ALTA OWNERS AND LOAN POLICIES Commitment No.: 49062 Date: With respect to the land described in the above Commitment the Signatories herein, make the following statements to induce Old Republic National Title Insurance Company or its Agents to issue the subject title policy or policies, now or in the future. STATEMENT OF SELLER(S)AND PURCHASER(S) The Seller(s)and Purchaser(s)certify: 1) No contracts for the furnishing of any labor or material to the land or the improvements thereon have been let that have not been fully performed and satisfied, 2) No labor or materials have been furnished within the previous six months that has not been paid in full, 3) No security agreements or leases in respect to any goods or chattels that have or will become attached to the land or any improvements thereon as fixtures, have been given or are outstanding that have not been fully performed and satisfied; 4) There are no unrecorded leases to which the land may be subject for more than a three-year term or contain an option to purchase, right of renewal, right of first refusal or other unusual provisions; 5) There are no unrecorded contracts,deeds, mortgages, lines of credit, leases or options affecting the subject property; 6) No special assessments affect the land and no notice has been received of any proposed special assessments or common expense assessments; 7) No homeowners association affects the land, 8) The only occupants of the subject property are the Seller(s)or Purchaser(s); 9) No proceedings in bankruptcy or receivership or other action in any state or federal court affecting the property are pending The above certifications are true except for: STATEMENT OF MORTGAGOR(S) The Mortgagor(s), if any, certifies that the mortgage and the principal obligations it secures are good, valid, and free from all defenses, that any person purchasing the mortgage and the obligations it secures, or otherwise acquiring any interest therein, may do so in reliance upon the truth of the matters herein recited. This certification is made to enable the holder or holders, from time to time, of the mortgage, and obligations to sell, pledge or otherwise dispose of the same freely at any time, and to insure the Purchasers or Pledges thereof against any defenses thereto by the Mortgagor or the Mortgagor's heirs, personal representative or assigns. Individuals/Beneficiaries of Trust or Seller(s)/Owner(s) Individuals/Beneficiaries of Trust or Purchaser(s) City pf Canton,an Illinois m icipal corporation �o C.�M chael Ray Elwel K t A. McDowell, Mayor Corporations Corporations IN WITNESS WHEREOF, IN WITNESS WHEREOF, has caused these has caused these presents to be signed by its President and attested to by presents to be signed by its President and attested to by its Secretary under its corporate seal on the above its Secretary under its corporate seal on the above date. date. By: By: President President Attest: Attest: Secretary Secretary LENDER'S DISBURSEMENT STATEMENT The undersigned hereby certifies that the proceeds of the loan, secured by the mortgage insured under the loan policy to be issued pursuant to the above Commitment, were fully disbursed to or on the order of the Mortgagor on To the best knowledge and belief of the undersigned,the proceeds will not be used to finance future improvements or repairs on the land. Date: Signature: TO BE FILED WITH THE FULTON COUNTY RECORDER OF DEEDS AFFIDAVIT FOR PURPOSE OF ILLINOIS PLAT ACT REQUIREMENTS THIS IS A LEGAL DOCUMENT-PLEASE CONSULT YOUR ATTORNEY (Zoning&Subdivision Ordinances May Also Apply) PARCEL NUMBER: 09-08-28-410-001 Grantor or Grantor's Attorney authorized representative in a deed transferring interest in the real estate described in the accompanying deed and further states this transfer IS EXEMPT FROM THE ILLINOIS PLAT ACT(765 ILCS 205)BECAUSE OF THE FOLLOWING: © NOT A DIVISION OF LAND—PARCEL BOUNDARIES REMAIN UNCHANGED(The Recorder will proceed with recording the deed and no further questions apply. County Plat Officer signature is NOT required. Please sign below and have notarized) ❑ A DIVISION OF LAND THAT MEETS ONE OF THE FOLLOWING EXCEPTIONS — APPROVAL BY COUNTY PLAT OFFICER (OR DESIGNEE)IS REQUIRED ALONG WITH APPLICABLE FEE PRIOR TO RECORDING: ❑ The divisions or subdivision of land into parcels or tracts of 5 acres or more in size which does not involve any new streets or easements of access. ❑ The division of lots or blocks of less than 1 acre in any recorded subdivision which does not involve any new streets or easements of access. ❑ The sale or exchange of parcels of land between owners of adjoining and contiguous land. ❑ The conveyance of parcels of land or interest therein for use as a right of way for railroads or other public utility facilities and other pipe lines which does not involve any new streets or easements of access. ❑ The conveyance of land for highway or other public purposes or grants or conveyances relating to the dedication of land for public use or instruments relating to the vacation of land impressed with a public use. ❑ Conveyances made to correct descriptions in prior conveyances. ❑ The sale or exchange of parcels or tracts of land following the division into no more than 2 parts of a particular parcel or tract of land existing on July 17, 1959 and not involving any new streets or easements of access. ❑ The sale of a single lot of less than 5 acres from a larger tract when a survey is made by an Illinois Registered Land Surveyor; provided that this exemption shall not apply to the sale of any subsequent lots from the same larger tract of land, as determined by the dimensions and configuration of the larger tract on October 1, 1973, and provided also that this exemption does not invalidate any local requirements applicable to the subdivision of land. ❑ The preparation of a plat for wind energy devised under section 10-620 of the Property Tax Code. ❑ Division meets criteria for agricultural exemption I swear to the best of my knowledge that the statements contained herein are true and correct. Grantor/Grantor's Attorney further states that this affidavit for the purpose of indicating to THE RECORDER OF DEEDS OF FULTON COUNTY, ILLINOIS,that the conveyance by the attached instrument is within,and in compliance with,the provisions of the Illinois Plat Act. Name: Michael Ray Elwell Sign atur �� �J�/���i Date: Name: Signature: Date. Subscribed and sworn to before me this 2 t t'` day of �f_6e Aet` 2026 T MAT-THEW KALLAIL Notary ID#124993810 My Commission Expires November 21, 2029 Notary Public Approval for State Plat Act,County Subdivision and Zoning Code Purposes: SURVEY REQUIRED FOR RECORDING: Yes❑ No❑ Fulton County Plat Officeridesignee: _ Date:_____ (NOTE: County Plat Officer signature required for properties only in the UNINCORPORATED areas of Fulton County)