HomeMy WebLinkAboutOrdinance #4563 - Lease of Municipally Owned Real Property ; 24700 E. Lakeview Drive 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 June 16, 2026, the City Council of such
municipality passed and approved Ordinance #4563 entitled:
ORDINANCE AUTHORIZING LEASE OF MUNICIPALLY
OWNED REAL PROPERTY
The ordinance attached is a true and correct copy of the ordinance adopted by Canton
City Council.
DATED AT CANTON, ILLINOIS, THIS 16th DAY OF June, 2026
Seal
di Smith-Walters, City Clerk
City of Canton, Illinois
ORDINANCE NO. 4563
ORDINANCE AUTHORIZING LEASE OF MUNICIPALLY
OWNED REAL PROPERTY
WHEREAS,the City of Canton(the"City")owns the following described real property,
which is currently used as residential real property (hereinafter,the"Property"):
Lot Number Four(4)in Lakeview Addition to Lake Canton,in the County of Fulton, in the State
of Illinois,which property is generally located at 24700 E. Lakeview Drive, Canton,
Illinois (P.I.N. 10-09-30-203-002)
WHEREAS, pursuant to Section 11-76-2 of the Illinois Municipal Code, 65 ILCS 5/11-
76-2, notice has been given of the proposal to lease such Property, said notice having first been
published on May 13, 2026, and having been published at least once in the Fulton Democrat, a
newspaper published in the county in which the municipality is located, not less than 15 nor
more than 30 days before the date on which it is proposed to adopt this Ordinance;
WHEREAS, pursuant to said notice, this Ordinance was adopted at the regular meeting
of the City Council held on June 2, 2026;and
WHEREAS,the City's corporate authorities find and determine that the best interests of
the City of Canton and its residents will be served by leasing the Property to Natalie and Ann
Williams.
NOW,THEREFORE, BE IT ORDAINED by the City Council of the City of Canton,
Fulton County,Illinois, as follows:
1. The City Council finds as fact the recitals hereinabove set forth.
2. The leasing of the Property to Natalie and Ann Williams is hereby APPROVED, subject
to written lease agreements being executed by and between the City and Natalie and
Ann Williams.
3. The Mayor is hereby authorized to sign and the City Clerk is hereby authorized to attest
to the written lease agreements of the Property, and said lease agreements shall be
substantially in the form attached hereto as "Exhibit A."However,prior to execution,
the Mayor and/or City Attorney are authorized to make reasonable, final revisions to the
leases that are otherwise consistent with this Ordinance and in the best interests of the
City.
4. The Mayor and the Clerk are hereby authorized, respectively,to execute and attest such
other documents as may be necessary to the conveyance herein authorized.
3. This ordinance shall be in full force and effect from and after its passage and approval in
the manner provided by law.
PASSED THIS 2"d DAY OF JUNE, 2026.
AYES: Mayor McDowell, Alderpersons Chamberlin, Lovell, Hale, Pickel, Ketcham, Gossett
NAYES: None
ABSENT: Alderpersons Nelson, Grimm
APPROVED THIS 16th DAY OF June , 2026.
e-_1AAPPROVED:��A1
KN
ent A. Mc ow ayor
ATTEST:
Z.1'4'.f'of
L A&il�
)fndr-ea Smith-Walters, City Clerk
EXHIBIT A
11111111 HIM PRO 1111111111
Tx:4300604
2621997
PATRICK O'BRIAN
COUNTY CLERK & RECORDER
FULTON COUNTY, IL
RECORDED ON
06I22/2026 01:01 PM
RECORDING FEE 67.00
PAGES: 8
CITY OF CANTON LAKESHORE LEASE
The City of Canton, an Illinois municipal corporation ("City") makes this City of Canton
Lakeshore Lease ("T.ease") with NATALIE E. AND ANN E. WILLIAMS ("Lessees") on the
is* day of 2026.
WHE AS, ire City, as part of its municipal water supply, has a large artificial lake
called Lake Canton;
WHEREAS, the City has shoreline property; however, it must protect the lake from
pollution, undue erosion, and other injury which it can do best if it owns and ultimately controls
the land but leases under terms and conditions which will protect the lake;
WHEREAS, the City previously leased the Property (as defined below) to Joseph and
Rachel Scurto, pursuant to a certain City of Canton Lakeshore Lease, dated October 10, 2025
and recorded in the Land Records of Fulton County, Illinois as Document No. 2518547 on
October 14, 2025.
NOW THEREFORE, in consideration of the terns and conditions contained herein, the
City and Lessee agree as follows:
1. DESCRIPTION: The real property leased to Lessee under this Lease (hereinafter the
"Leased Property"or the"Property")is described as follows:
Lot Number Four(4) in Lakeview Addition to Lake Canton,in the County of Fulton,in the
State of Illinois.
Common Address: 24700 E.Lakeview Drive, Canton,Illinois 61520
P.I.N.: 10-09-30-203-002
2. TERM: The term of this Lease shall be for a period of forty (40) years from this date
provided that an additional year shall be added to its term on each anniversary date hereof so that
there shall always be a minimum of thirty-nine years and one day remaining on the term.
3. USE: Lessee shall use the Leased Property for residential purposes only. Lessee may not use
the Leased Property for any other uses or purposes. At all tunes,Lessee must take reasonable and
legal steps to protect the lake from pollution,undue erosion, and other injury.
4. RENT: Lessee shall pay rent to the City a sum of money representing ten percent (10%) of
the equalized assessed valuation of the land portion for real estate tax purposes. The assessed
valuation from the Quadrennial Reassessment shall be used to make the calculation, thus rental
rates will be readjusted as necessary every four years. Payment of rent shall be made in advance
on or before the first day of May. To secure the payment of rent and other agreements in this
Lease the City shall have the superior lien (inferior only to mechanic's liens) on all
improvements on the Leased Property in addition to any other liens and remedies it may have at
law. At the option of the City, its lien may be enforced in equity or by distress or by foreclosure
sale.
5. MORTGAGE: Notwithstanding the provisions of Paragraphs 13 hereof and in order to
promote the leasing, care and improvement of the lake shore land, Lessee may mortgage the
leasehold hereby granted, together with all improvements now or by Lessee hereafter on the
leased premises, and the mortgagee and assigns may cause this Lease and such mortgage or
either of them to be filed for record in the Recorder's Office of said County and enforce said
mortgage and acquire title to the leasehold and such improvements in any lawful way and rent
the Leased Property pending foreclosure and acquisition and disposal of title, and the mortgagee
or assigns may sell and assign said leasehold and improvements. No default or action by Lessee
or those claiming through or under Lessee shall be effective as against the mortgagee or the
mortgagee's assigns, unless the mortgagee or the mortgagee's assigns fail to pay, or cause to be
paid, within thirty (30) days after being served with written notice thereof, any delinquent taxes
on the leasehold or improvements thereon, or sums then owing to the City under said Lease. The
mortgagee and assigns shall comply with the provisions of the Lease in the like manner as
Lessee is required to do in the event the mortgagee should acquire title to the leasehold.
6. TAXES: Lessee shall be solely responsible and pay all taxes and assessments on the Leased
Property and its improvements before they become delinquent. Failure to pay such taxes by their
due date shall be deemed a default of this Lease.
7. UTILITIES: Lessee shall be solely responsible for an pay all charges for water, garbage
removal, electricity, telephone, cable, satellite/tv, internet, fiber, gas, wastewater treatment
and/or disposal, or other service for the Leased Property (collectively "utilities"). Failure to pay
such utilities shall be deemed a default of this Lease. Lessee shall also be responsible for the
installation, maintenance, removal and/or repair of any water lines, sewer lines, wastewater
treatment and/or disposal, private sewage disposal systems, electricity/power lines,
intemet/telephone/tv connections, fiber lines, gas lines, or other utility connections located upon
the Leased Property.
8. RESIDENCE: Lessee may use up to 80 x 100 feet of the Leased Property to build and then
occupy one single family residence and appurtenances. Lessee shall not have more than one
residential dwelling on the Leased Property at any one time.
Before commencing any new construction, Lessee must submit all necessary plans, as
determined in the City's sole discretion, showing plumbing and sewage disposal, location on lot,
etc. to the City and obtain written approval (i.e. building permit, if required) from the City.
Lessee must additionally obtain written approval (i.e. a building permit, if required) from Fulton
County. If Lessee commences any such construction without such approvals, the City may
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remove Lessee's improvements and charge Lessee for the removal. No one else's lien may
attach to any improvement built without the City's written approval.
Lessee may place on the leased premises items such as a garage, dock, boat lift or other related
structure. If said garage, dock, boat lift or other related structure is found in disrepair, Lessee has
thirty (30) days after notice from the City to either correct the defective conditions of said
garage, dock, boat lift or other related structure or remove and replace them. If the garage, dock,
boat lift or other related structure is replaced, whatever has been removed shall properly be
disposed of in accordance with all applicable laws, rules and regulations. Repair and/or removal
and replacement shall be at the sole expense of Lessee. If Lessee fails to correct the defective
condition within the thirty (30) day period, the City reserves the right to take any remedial action
necessary to correct the condition, including demolishing the garage, dock, boat lift or other
related structure and disposing of same. The City shall be reimbursed by Lessee for any and all
costs associated with the City's required remedial action, whether City engages in the corrective
work or demolition work itself or hires a third party to engage in same.
Lessee shall follow all ordinances, rules and regulations adopted by the City Council of the City
of Canton, Illinois, as they may be amended from time-to-time and applicable to Lake Canton
and/or the Leased Property. Failure to comply with said ordinances, rules, and regulations may
be deemed a default of this Lease.
9. PRIVATE SEWAGE DISPOSAL SYSTEMS: Private sewage disposal systems shall be
permitted, installed, maintained and replaced in accordance with the rules and regulations as
prescribed by the Illinois Department of Public Health, Fulton County Health Department,
Illinois Environmental Protection Agency and U.S. Environmental Protection Agency. Private
sewage disposal systems shall be inspected, at the cost of the Lessee, for proper operation and
sludge levels at the time of Lease renewal or transfer of Lease. Documentation from the
inspection shall be submitted to the City within five (5) days of the inspection completion.
Private sewage disposal systems shall have tanks pumped for solids removal by a licensed tank
cleaning company every three (3) years. Documentation from the tank cleaning company
verifying their work has been completed shall be submitted to the City within five (5) days of
completion of their work. The systems shall be inspected by the Fulton County Health
Department every ten (10) years. Documentation of completion of said inspections by the Fulton
County Health Department shall be provided to the City within five (5) days of completion of
their inspection. The systems utilizing aeriation equipment in conjunction with disinfection
tanks shall have proper disinfection chemicals installed and must be functional at all times.
Discharges from private sewage disposal systems shall not cause erosion issues or contribute to
soil migration and those found to cause these issues must be replaced by Lessee at Lessee's
expense.
If Lessee's private sewage disposal system is found in disrepair, Lessee has thirty (30) days to
either correct the defective conditions of said system or remove and replace said system. If the
system is replaced it shall properly be disposed of in accordance with all applicable laws, rules
and regulations. Repair and/or removal and replacement shall be at the sole expense of Lessee.
If Lessee fails to correct the defective condition within the thirty (30) day period, the City
reserves the right to take any remedial action necessary to correct the condition and dispose of
the system. The City shall be reimbursed by Lessee for any and all costs associated with the
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City's required remedial action, whether City engages in the corrective work itself or hires a
third party to engage in same.
10. INSURANCE: Lessee shall obtain insurance on any improvements located on the Leased
Property and shall be responsible for all necessary liability or casualty insurance for the Leased
Property. The City shall not be liable for any damage to Lessee's property or the Leased
Property, and the Lessee releases and holds the City harmless from same.
11. WATER LEVEL: It is understood that the City will not be responsible for maintaining any
certain lake level and will not be responsible for damage caused to Lessee's improvements or
other property of Lessee by the action of the waters. The City reserves the right to raise/lower
the water levels of Lake Canton, and the City shall not be responsible for damage caused to
Lessee's improvements or other property of Lessee by said raising/lowering of the water levels
of Lake Canton.
12. GENERAL REGULATIONS: Lessee will:
a. Keep the Leased Property neat and clean and free from noxious weeds and debris. Also,
Lessee will maintain the improvements in good repair;
b. Install and maintain such facilities for the disposal of sewage, solid or liquid waste as
may be required by the City, Fulton County Health Department, State Department of
Public Health or other public authority for sanitation and public health. If sewer
connections are available and the City so orders, Lessee will connect to the sewer. In no
instance will Lessee allow sewage to enter the lake from the Leased Property;
c. Care for and protect from injury all shade and ornamental trees, shrubbery, and sod and
Lessee will not remove, trim, or permit the removal or trimming of any trees more than
three inches in diameter without the consent of the City;
d. Not permit any of the Leased Property to be denuded of vegetation or to be cultivated in
such manner as to cause or permit soil erosion. Further, Lessee agree to maintain the
shoreline in good condition;
e. Exclude the general public from the Leased Property and from that part of the lake within
25 feet of the shoreline of the Leased Property(except as to navigation);
f. Obey all rules, regulations, and ordinances of the City pertaining to leased lots, the lake
and surrounding lands and will not allow violations by Lessee's family, Lessee's guests
or any other person on the Leased Property;
g. Not permit on or near our lot anything in violation of any law — State, Federal, or
municipal — or the regulations of any public authority, nor use or permit the premises to
be used for any immoral or illegal purposes;
h. Not cause nor permit any objectionable noise or odor to be emitted from the Leased
Property; nor will Lessee keep on the Leased Property any domestic livestock, poultry, or
noisy or dangerous dog;
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i. Not do nor permit anything to be done or remain on the Leased Property or in or on the
lake in any way tending to pollute the waters or to create a nuisance or disturb the peace
or quiet of the neighborhood or annoy any occupant of neighboring property;
j. Not allow yard waste including grass clippings, leaves or like material to enter the lake
from the Leased Property;
k. Not use herbicides nor insecticides near the water of the lake nor anywhere rain may
wash these chemicals into the lake except with the written permission of the
Water Superintendent of the City;
1. Not extend any structure into the lake such a dock, boat lift or any other structure more
than fifteen feet(15') from the normal shoreline without express consent of the City. The
"normal shoreline" is determined when the water level is even with the top of the
spillway. Lessee will not install any separate structure such as a fence, post, etc. below
the normal water surface.
13. TRANSFER: Lessee may not assign or transfer this Lease or any interest in Lease without
the consent of the City; however, Lessee may mortgage the leasehold. This Lease may not be
transferred by a mortgagee, receiver, trustee in bankruptcy or other representative of Lessee nor
may it be transferred by operation of law, legal process or any other means whatsoever without
the written consent of the City, which consent will not be unreasonably withheld. No part of the
leased premises may be used by any person other than the Lessee, Lessee's family, guests, agents
and employees without written consent of the City.
Lessee understands that the annual rent may be adjusted upon transfer.
Should Lessee desire to assign or transfer this Lease to any other person, Lessee shall first give
written notice to the City with the name of the proposed transferee.
No transfer shall be effective unless notice is given to the City, the City approves of the
transfer/assignment, a new lease is prepared by the City and the new lease, when signed, is filed
with the Fulton County Recorder.
14. VOLUNTARY CANCELLATION: Lessee may surrender this Lease if Lessee has fully
performed Lessee's duties and thus be relieved of any further obligation under this Lease.
15. RESERVED RIGHTS OF CITY:
a. Lessee understands that the City requires exclusive use of the Leased Property for any
public purpose, which is inconsistent with Lessee's occupancy of it, the City may
terminate this Lease by giving me six months written notice of its intention and paying
Lessee for the value of Lessee's improvements. If the City exercises its rights hereunder,
it shall pay to Lessee an amount equal to the value of the premises which shall not exceed
the fair market value of the premises. In the event that the City and Lessee cannot agree
as to the fair market value of the premises, each shall select a qualified professional real
estate appraiser, and the appraisers so selected shall select a third qualified professional
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real estate appraiser, and the fair market value of the premises shall be the average of the
highest and lowest appraisals submitted by these three appraisers.
b. Representatives of the City may come upon the Leased Property as follows:
(1) At any and all times for the purpose of inspecting.
(2) At any time to gain needed access to other land.
(3) To plant and care for trees and other vegetation.
(4) To construct, operate and maintain sewer, water and gas pipes, electrical lines and
pipes and lines for other services and their appurtenances.
(5) To improve and protect the shoreline.
(6)To do any other work necessary to maintain the lake or its structures.
c. The City is hereby released and held harmless from any and all damages, costs, expenses,
liabilities, causes of action, or suits arising from or related to the exercising of any of its
rights under this Section 15, including but not limited to the entering upon the Leased
Property for any of the above reasons.
16. DEFAULT: Lessee understand that the City may, at its option,terminate this Lease:
a. If Lessee fails to perform Lessee's duties under this Lease, or is otherwise in default of
this Lease as set forth elsewhere in this Lease, and fail to remedy the non-performance or
other default after sixty (60) days written notice from the City.
b. If Lessee fails to vacate at the end of the Lease term.
c. If the Lease has been transferred other than in accordance with the provisions in
paragraph 13.
d. Upon termination, the City may without further demand or notice, enter and take
possession of the premises and expel Lessee or anyone else found there without being
guilty of forcible entry of trespass and without liability for loss or damage. All buildings
and other improvements at the option of the City may become the City's property in full
settlement as liquidated damages.
The City may take any and all actions available at law or in equity to enforce the terms
and conditions of this Lease. In the event the City must enforce the terms and conditions of this
Lease, then the Lessee shall be responsible for all reasonable attorney's fees and court costs
incurred by the City in relation said enforcement.
17. TERMINATION OF PRIOR LEASE: The Lessee unconditionally releases,
indemnifies, holds harmless, acquits, and forever discharges the City, as well as any of its
predecessors, successors, and assigns, present and former parents, subsidiaries, elected officials,
appointed officials, mayors, city clerks, treasurers, members of City Council, department heads,
sextons, affiliates, investors, officers, directors, trustees, shareholders, employees, former
employees, independent contractors, agents, representatives, heirs, estates, executors,
administrators, attorneys, and/or insurers, all collectively referred to as "Releasees," and each of
them, from any and all charges, complaints, claims, promises, agreements, controversies, suits,
demands, costs, losses, debts, actions, causes of action, damages, judgments, obligations,
liabilities, and expenses of whatever kind and character, known or unknown, suspected or
unsuspected, including any claims for attorneys' fees and costs, which the undersigned parties,
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now have, own, hold, or claim to have, own, or hold, or may have had, owned, or held, or may in
the future claim to have, own, or hold against the Releasees, or any of them, arising from, in
connection with or related to any prior lease related to the Leased Property, including the
Original Lease.
Upon the execution of this Lease by the City, the City shall be deemed to consent to the
assignment of the Original Lease, which was assigned on or about the date of this Lease. Lessee
hereby agrees that said Original Lease and/or any other leases previously covering the Leased
Property shall be deemed null, void, and of no further effect upon the execution of this Lease by
the City of Canton.
LESSEES:
Na ie E. Williams Ann E. Williams
STATE OF ILLINOIS, )
SS.
COUNTY OF FULTON )
I, the undersigned, a Notary Public in and for said County in the State aforesaid, do
hereby certify that Rachel and Joseph Scurto, personally known to me to be the same person(s)
whose name(s) are subscribed to the foregoing instrument, appeared before me this day in person
and severally acknowledged that he signed, sealed, and delivered the said instrument as his free
and voluntary act for the uses and purposes therein set forth.
Given under my hand and notarial seal, this day of , 202'y
OFFICIAL SEAL
CAROL E KOHLER Notary Public
NOTARY PUBLIC,STATE OF ILLINOIS
MY COMMISSION EXPIRES 10/0212026 CITY OF ANTON, I LINOIS
By:
c;:�u "I �0
Ken A. Mc o ll, Mayor
Attest:
�ndr-e`a-1 S ith-Walters, City Clerk
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STATE OF ILLINOIS, )
ss.
COUNTY OF FULTON )
I, the undersigned, a Notary Public in and for said County in the State aforesaid, do
hereby certify that Kent A. McDowell, Mayor and Andrea J. Smith-Walters, City Clerk, of the
City of Canton, Illinois, personally known to me to be the same persons and such officers,
respectively, whose names are subscribed to the foregoing instrument, appeared before me this
day in person and severally acknowledged that they signed, sealed and delivered the said
instrument as the free and voluntary act of the said City, for the uses and purposes therein set
forth, pursuant to due authority conferred by its Council.
Given under my hand and notarial seal, this day o , 20
04AAi ftj'4,a6h2
Notary Public
OFFICIAL SEAL
Send tax notice to: CAROL E KOHLER
NOTARY PUBLIC,STATE OF ILLINOIS
MY COMMISSION EXPIRES.10/02/2026
Ann and Natalie Williams
24700 E. Lakeview Drive
Canton, IL 61520
This instrument prepared by and return to:
City Attorney
City of Canton
2 N. Main Street
Canton, IL 61520
Telephone(309) 647-0065
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