HomeMy WebLinkAboutOrdinance #3077 - lease of municipally owned real property; 24724 E. Lakeview Drive ORDINANCE NO. 3077
ORDINANCE AUTHORIZING LEASE OF MUNICIPALLY
OWNED REAL PROPERTY
WHEREAS, the City of Canton owns the following described real property:
Lot No. 3 of the Lakeview Addition to Lake Canton, Fulton County, Illinois.
which property is generally located at 24724 E. Lakeview Drive, Canton, Illinois, has P.IN. No.
10-09-30-203-303 and is currently used as residential real property lease was approved on June
17, 2014, Ordinance No. 3070; and
WHEREAS, the City Council of the City of Canton has determined that it is in the best
interest of the City of Canton that it amend said lease for municipally owned property; and
WHEREAS, pursuant to Section 11-76-2 of the Illinois Municipal Code, 65 ILCS 5/11-
76-2, notice was given of the proposal to original lease of such real estate, said notice having
first been published on May 23, 2014, and having been published at least once in the Canton
Daily Ledger, 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 Ordinance 3070;
and
WHEREAS, this Ordinance amending said lease was adopted at the regular meeting of
the City Council held on September 16, 2014; and
WHEREAS, the City Council finds and determines that the best interests of the City of
Canton and its residents will be served by the approval of the above-referenced amended lease.
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 facts the recitals hereinabove set forth.
2. The lease to Jeanette and Andrew Ewing is hereby amended by the City Council of
the City of Canton for the lease of the following described real estate:
Lot No. 3 of the Lakeview Addition to Lake Canton, Fulton County, Illinois.
Commonly known as 24724 E. Lakeview Drive, Canton, Illinois, has P.I.N. No. 10-
09-30-203-303
3. The Mayor is hereby authorized and directed to sign and the City Clerk is hereby
authorized and directed to attest to amended LAKE LOT LEASE of the aforesaid real
estate.
NLR Documents
Ordinances
9/9/14
4. The Mayor is hereby authorized and directed to enter into the aforesaid amended
LAKE LOT LEASE and the City Clerk is hereby authorized to acknowledge and
attest such LAKE LOT LEASE and to affix thereto the seal of the City of Canton.
5. 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.
6. This ordinance shall be in full force and effect from and after its passage, by a vote of
at least three fourths of the corporate authorities now holding office, and approval in
the manner provided by law.
PASSED THIS 16th DAY OF September 2014.
AYES:Aldermen Ellis, Lovell, Hale, Putrich, Pickel, JimNelson
NAYES: None
ABSENT: Aldermen Justin Nelson, Craig West
APPROVED THIS 16th DAY OF September, 2014.
APPROVED: ' �
Jeffrey . Fr , Mayar
ATTEST• �
lt
,
Diana Pavley- ock I it erk "
NLR Documents
Ordinances
9/9/14
i 4 6 1 8 3 5
JAM&S I. NELSOH
GOUHTY CLERK 8 FtfiGORUEB
FULTOH COUHTY, IL
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REC FEE: 63.QI@
PAGHS: 7
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CITY OF CANTON LAKESHORE LEASE
The City of Canton, an Illinois municipal corporation "Crty")makes this lease th us, Jeanette
and Andrew Ewing,as tenants, ("Lessees")on the�day of�,20�
The City,as part of its municipal water supply,has a large artificial lake called Lake Canton.
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 lalce.
1. DESCRIPTION: This lease to us is for the following real estate:
Lot No.3 of the Lakeview Addition to Lake Canton,Fulton County,Illinois
Common address: 24724 E. Lakeview Drive,Canton,IL 61520
PIN# 10-09-30-203-003
2. TERM: The term of this lease shall be for a period of thirty (30) 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 twenty-nine years and one day remaining on the term.
3. USE: Lessees may use the leased property for their residence. Lessees may not use the
property for other uses or purposes and at all times Lessees must protect the lake.
4. RENT: As rent, Lessees will pay to the City $450.00 per year for three (3) years, due on
May 1, 2015, May 1, 2016, and May 1, 2017. Every year thereafter, Payment of rent shall be
made in adva.nce on or before the May 1 of each year. The rent shall increase twelve dollars
($12.00) per year for each year after year three (3) of this lease. 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 a11 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 12 hereof and in order to
promote the leasing, care and improvement of the lake shore land, Lessees may mortgage the
leasehold hereby granted, together with all improvements now or by us 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 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 Lessees or those claiming
through or under Lessees 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 ma.nner as Lessees are required
to do in the event the mortgagee should acquire title to the leasehold.
6. TAXES: Lessees will pay all taxes and assessments on the leased property before they
become delinquent. Failure to pay such taxes by their due date will result in the default of this
lease.
7. UTILITIES: Lessees understand that Lessees are to pay all charges for water, garbage
removal,electricity, gas or other service for the leased property.
8. RESIDENCE: Lessees understand that Lessees may use up to 80 x 100 feet ofthe leased
area to build and then occupy one single family residence and appurtenances. Lessees may not
have more than one dwelling on the leased area at any one time.
Before Lessees build anything on leased lot, Lessees must submit plans showing plumbing and
sewage disposal, location on lot, etc. to the City and obtain written approval (usually a building
permit) from the City. If Lessees build without approval, the City may remove what said
structure and charge Lessees for the removal. No one else's lien may attach to any improvement
built on leased property without the City's written approval.
9. INSURANCE: Lessees understand that Lessees shall obtain insurance in their own name on
any improvements made however;the City will not be liable for damage to the property.
10. 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 the improvements or other
properiy of Lessees by the action of the waters.
11. GENERAL REGULATIONS: Lessees will:
a. Keep the leased land neat and clean and free from noxious weeds and debris. Also
Lessees will mainta.in 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, Lessees will connect to the sewer. In no instance will Lessees
allow sewage to enter the lake from leased lot.
c. Care for and protect from injury all shade and ornamental trees, shrubbery, and sod.
Lessees 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 lot to be denuded of vegetation or to be cultivated in such
manner as to cause or permit soil erosion. Further Lessees agree to maintain the shoreline in
good condition.
e. Exclude the general public from the lot and from that part of the lake within 25 feet of
the shoreline of the lot. (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 a11ow violations by Lessees' family, guests or any other
person on leased lot.
g. Not permit on or nearbyleased lot anything in violation of any State or Federal law,
any municipal code,or any regulations of any public authority. Lessees will not 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 leased lotand
will not keep on leased lot any domestic livestock,poultry,or noisy or dangerous dog.
i. Not do nor permit anything to be done or remain on leased lot 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 leased lot.
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 lalce such a dock, boat lift or any other structure more
than fifteen feet(15')from the normal shoreline. The "normal shoreline"is determined when the
water level is even with the top of the spillway. Lessees further will not install any separate
structure such as a fence,post,etc. below the normal water surface.
12. TRANSFER: Lessees understand that Lessees may not assign or transfer this lease or any
interest in it although Lessees may mortgage the leasehold. Similarly the lease may not be
transferred by a receiver, trustee in bankruptcy or other representative of us or our estate 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 Lessees, Lessees' family, guests, and
employees without written consent of the City. The Lender of said Lessees' mortgage, may
transfer said lease in the even of a foreclosure or deed in lieu. However, said transfer must
comply with the Illinois Municipal Code and all other State statutes and local ordinances.
Lessees understand that the annual rent may be adjusted upon transfer.
Should Lessees desire to assign or transfer this lease to any other person, Lessees sha11 first give
written notice to the City with the name of the proposed transferee. Lessees understand that a
proposed transfer must comply with the Illinois Municipal Code.
No transfer shall be effective unless notice is given to the City, a new lease is prepared by the
City and the new lease,when signed is filed with the City.
13. VOLUNTARY CANCELLATION: Lessee may surrender this lease if Lessees have fully
performed their duties and thus be relieved of any further obligation under it.
14. RESERVED RIGHTS OF CITY:
A. Lessees understand that if the City requires exclusive use of the leased property for
any public purpose, which is inconsistent with Lessees' occupancy of it, the City may terminate
this lease by giving Lessees six (6) months written notice of its intention and paying Lessees for
the value of Lessees' 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 Lessees cannot agree as to the fair market value of
the premises, each sha11 select a qualified professional real estate appraiser, and the appraisers so
selected sha11 select a third qualified professional real estate appraiser, and the fair mazket 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 mainta.in the lake or its structures.
15. DEFAULT: Lessees understand that the City may, at its option, terminate this lease:
A. If Lesses fail to perform their duties under this lease and fail to remedy the
non-performance after sixty(60)days written notice from the City.
B. If Lessees fail to vacate at the end of the lease term.
C. If Lessees fail to pay real estate taxes when they become due.
D. If the lease has been transferred other than in accordance with the
provisions in paragraph 12.
E. Upon termination,the City may without further demand or notice,
enter and take possession of the premises and expel Lesses or anyone elsefound 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.
16. NOTICE: In the event of default on said leased property that Lessees have a mortgage on,
the Lendor has the right to correct said defaults within 120 days from receipt of notice of intent
to terminate said lease or surch further time as may be necessary to complete foreclosure as
agreed to by the City. In the event of default or court-ordered ternunation of leasehold interest,
the City will notify Lender of such default or termination.
17. PREFERENCE IN RE-LEASING: When this lease expires and is not in default Lessees'
heirs or devisees, shall be preferred by the City over all others for further leasing, subject to
applicable ordinances and regulations and for such term and upon payment of such rent as the
Ci may charge for the described real estate
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Jeanette R��ea- F_vvS n� And Ewing
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 Jeanette and Andrew Ewing,personally known to me to be the same person(s)
whose name(s)are subscribed to the foregoing instrument, appeazed before me this day in person
and severally acknowledged that they signed, sealed, and delivered the sa,id instrument as their
free and voluntary act for the uses and purposes therein set forth.
( ''
Given under my hand and notarial seal,this��day of������'�'2��1
J
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OFF�C�A�SEA� .—_ ._.__`+.�+--t-�� % r
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CAROL E KOHLER Notary Public
NOTARY PUBLIC-STATE OF ILLINOIS
MY COMMISSION EXPIRES:10/02174
CITY OF CANTON,ILLINOIS
DEPAR�ENT OF LAKE DEVELOPMENT
1 By: �' �' ^�r;z►�-
� � " �3
Jeffrey A. Fritz, Mayor
/
Attest: �
Diana Pav e ock, i Clerk
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 Jeffrey A. Fritz, Mayor and Diana Pavley-Rock, 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�ay of ��` `�4 �•i ,201�
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Notary P lic
Send taac notice to: �++�+�
OFFICIAL SEAL
CAROL E KOHLER
Andrew and Jeanette Ewing NOTARY PUBLIC-STATE OF ILLINOlS
24724 E. Lakeview Drive MY COMMISSION EXPIRES:10/02/14
Canton, IL 61520
This instrument prepared by and return to:
Attomey Nancy L. Rabel
City of Canton
2 N. Main Street
Canton,IL 61520
Telephone(309) 647-2738