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HomeMy WebLinkAboutResolution #3986 - agreement with kevin p & brenda j tracey regarding the demolition of 249 w oak RESOLUTION NO. 3986 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF CANTON AND KEVIN P. AND BRENDA J. TRACEY REGARDING THE DEMOLITION OF 249 W. OAK IN THE CITY OF CANTON, IL. WHEREAS, the Legal and Ordinance Committee of the City of Canton has determined that it is necessary and in the best interest of the City of Canton to enter into an Agreement with Kevin P. and Brenda J. Tracey as owners of 249 W. Oak in regard to an agreed demolition, as set forth in Exhibit A attached hereto and incorporated herein; and WHEREAS, the City Council of the City of Canton has made a similar determination. 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 Agreement attached hereto and incorporated herein as Exhibit A is hereby approved by the City of Canton. 2. That the Mayor and Clerk of the City of Canton, Illinois are hereby authorized and directed to execute said Agreement on behalf of the City of Canton. 3. 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 and City Clerk thereof. Passed by the City Council of the City of Canton, Illinois, at a regular meeting this 15t" day of May, 2012, on a roll call vote as follows: AYES: Alderman Nelson, Ellis, Fritz, Pasley, Schenck, Hartford, Pickel NAYS: Alderman West ABSENT: None APPROVED: i , ~ ~ ~f ~ • , . Kevin R. Meade, May r AT ST: ' a Pavley, City Cler PREPARED BY AND RETURN TO: CHRISSIE PETERSON CITY ATTORNEY CITY OF CANTON 2 North Main Street Canton, IL 61520 AGREEMENT THIS AGREEMENT made and entered into this ~l ~day of ~cu~ , 2012, between the City of Canton, a municipal corporation, (hereinafter referred to as~the "First Party") and KEVIN P. AND BRENDA J. TRACEY, 138 Poplar, Canton, Illinois 61520 (hereinafter referred to as the "Second Party"). Second Party represents that he/she is the legal owner of the property known and called 249 W. Oak, Canton, Illinois, and is duly authorized to enter into this Agreement with First Party. In consideration of the First Party's forbearance from further prosecuting its cause of action against Second Party; and Further, in consideration of the waiver of Second Party of its right to present defenses to resist said cause of action; and Further in consideration of the mutual covenants, agreements and stipulations of the parties, the parties do hereby agree as follows: 1. Parties agree that the structure located at 249 W. Oak, in the City of Canton, Illinois, is a dangerous, and unsafe building as defined in Sec. 6-18-12 of the Code of the City of Canton and that it is not economically feasible for the Second Party to repair said structure, which is located on the following premises: A PART OF THE NORTHWEST QUARTER OF SECTION THIRTY-FOUR (34) IN TOWNSHIP SEVEN (7) NORTH, RANGE FOUR (4) EAST OF THE FOURTH PRINCIPAL MERIDIAN, CANTON, FULTON COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT 29-1/11 RODS WEST OF THE NORTHEAST CORNER OF THE SOUTH HALF OF SAID QUARTER SECTION, THENCE WEST 120 FEET, THENCE SOUTH 174 FEET, THENCE EAST 120 FEED, THENCE NORTH TO THE PLACE OF BEGINNING; EXCEPTING, . , COMMENCING AT A POINT 601 FEET WEST OF THE SAID NORTHEAST CORNER OF THE SOUTH HALF OF SAID QUARTER SECTION, THENCE RUNNING SOUTH 174 FEET; THENCE EAST 60 FEET; THENCE NORTH 174 FEET; THENCE WEST TO THE PLACE OF BEGINNING. TAX I.D. NUMBER: 09-08-34-117-004. MORE COMMONLY KNOWN AS: 249 W. OAK, CANTON, ILLINOIS, 61520 2. The Second Party agrees and consents to permit the City to enter upon the premises and demolish or cause to be demolished the structure at the above address in Paragraph 1 in the City of Canton and County of Fulton, Illinois. 3. The First Party agrees to enter upon the premises and demolish or cause to be demolished said structure. 4. The Second Party agrees to reimburse the City of Canton for the amount of the cost of the demolition, including the filing fee of the Agreement, providing that such cost shall not exceed the sum of Seven Thousand, Forty-one Dollars ($7,041.00): $7,000.00 for the cost of demolition and $41.00 for recording fees. 5. The Second Party agrees to make payments in the amount of $150.00 a month, and such payments shall commence on the 1 S` day of July, 2012, and shall be payable on the first day of each AND EVERY MONTH THEREAFTER IJNTIL THE BALANCE HAS BEEN FULLY PAID. In the event that the property is not demolished by the ls` day of July, 2012, Second Party agrees to commence payments within 30 days from receiving an invoice from the City of Canton's Accounts Receivable Department. 6. The Second Party agrees that this Agreement shall serve as a lien on the property until fully paid; said Agreement to be filed with the Fulton County Recorder of Deeds. In the event of the failure of Second Party to pay an installment hereunder at the time herein fixed, the entire sum payable hereunder shall at once become due and payable at the option of the City of Canton in any instance and failure by the City to demand that the balance be paid in full shall not be deemed a waiver thereof and shall not be construed as a bar of impediment to the exercise of such option in any other instance. 2 ~ V J ~ FIRST PARTY: SECOND~PARTY: City of Canton~ m icipal corporation ~ ~ By: F ~ / Kevin R. Meade, Mayor Kevin P;~I'racey Owner, 249 W. Oak ~ ~ Brenda J. Tracey Owner, 249 W. Oak ATTES : By: ~c~i` a avley, City C rk 3