HomeMy WebLinkAboutResolution #5007 - donation agreement with soo lee and kung lee regarding 920 west locust street RESOLUTION NO. 5007
A RESOLUTION APPROVING A DONATION AGREEMENT BETWEEN SOO LEE AND
KUNG LEE AND THE CITY OF CANTON IN REGARD TO 920 WEST LOCUST STREET,
CANTON, ILLINOIS.
WHEREAS, Soo Lee, acquired the property commonly known as 920 West Locust Street
through a trust deed; and
WHEREAS, Soo Lee and Kung Lee have made a determination that it is not in their interests to
sell the property outright, but instead, is willing to donate it to the City of Canton; and
WHEREAS, after investigation, the City of Canton has determined that there is potential and
use for this property consistent with the City's goals; and
WHEREAS, the City Council of the City of Canton has made a determination that it is
necessary and in the best interest of the City of Canton to enter into a donation agreement Soo Lee and
Kung Lee and accept 920 West Locust Street, Canton, Illinois, as is.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF CANTON, ILLINOIS, AS FOLLOWS:
1. That the agreement which is attached hereto and incorporated herein as Exhibit A, is hereby
approved by the Canton City Council.
2. That the Mayor of the City of Canton, Illinois, or his designee, is hereby authorized and
directed to execute said agreement on behalf of the City of Canton.
3. That the attorney of the City of Canton is hereby authorized and directed to execute all
necessary documents to complete the property transfer.
4. 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 thereof.
PASSED by the City Council of the City of Canton, Illinois, at a regular meeting this 8th day of April,
2015 upon a roll call vote as follows:
AYES: Gerald Ellis, Justin Nelson, Angela Hale, Craig West, Tad Putrich, David Pickel, Jim
Nelson
NAYS: None
ABSENT: Alderman John Lovell
DW Resolutions
04/10/2015
APPROVED:
Jeffre A. Fri y o r
ATTEST.
Diana Pavley-Rock, Ci erk
DW Resolutions
04/10/2015
DONATION AGREEMENT
This is a Donation Agreement (the "Donation Agreement") for certain real propertv
located at 920 WEST LOCUST STREET, CANTON. IL 61520 and made un of Tract 1
and Tract 2 ("Property"). dated and effective as of this day of APRIL, 2015, between Soo B.
Lee and Kung Lee, ("Donors") and CITY OF CANTON, A MUNICPAL CORPORATION,
a Illinois Corporation ("Donee").
RECITALS
This Donation Agreement is made and entered into on the basis of the following facts and
understandings of the parties hereto:
A. Donors acquired the Property identified on Exhibit A on or about July 16, 1991 through trust
deed.
B. Donors did not originally construct anv of the improvements forming part of anv Property.
Donors have not occupied any Property for its own use, since Tc�fit/ , 2014.
C. Donors are only willing to grant Donee the Properties on an "as is, where is" and "with all
faults" basis.
D. Donee has been given a full and complete opportunity to conduct its own investigation as to
any matter, fact or issue that might influence Donee's decision to accept the Property from
Donors. Accordingly, Donee is willing to accept the Property from Donors without any
representations or warranties whatsoever regarding the Property and on an "as is, where is"
and "with all faults" basis.
AGREEMENT
1. DONATION
1.1 Closing Costs. Donors shall pay all costs associated with the transfer of the
Property, including but not limited to attorney's fees, agents fees and
recording costs ("Closing Costs").
1.2 Transfer. Donors agree to donate the Property to Donee and Donee agrees to accept
the Property from Donors on the terms and conditions set forth herein. In
consideration of Donors' transfer of the Property to Donee, Donee shall
perform all of Donee's obligations hereunder including but not limited to the
release and indemnity set forth in Section 2.2 of this Donation Agreement.
1.3 Title. Title shall be transferred on the Closing Date via a quit claim deed or its
equivalent.
Page 1 of 9
1.4 Further Assurances. Donee and Donors agree to execute all instruments and
documents and to take all actions reasonably necessary and appropriate to
consummate the transfer and donation of the Property and shall use their best
efforts to close in a timely manner.
2. ACKNOWLEDGMENTS, RELEASE AND INDEMNITY
2.1 Donee's Acknowledgments. Donee acknowledges that Donee is accepting the
property solely in reliance on Donee's own investigation, and the property is in "as
is, where is" condition with all faults and defects, latent or otherwise. Donee
expressly acknowledges that, in consideration of the agreement of donors herein,
and except as otherwise specified herein, donors make and has made no
representations or warranties, express or implied, or arising by operation of law,
including, but not limited to, any warranty as to condition, merchantability or
fitness for a particular use or purpose, with respect to any property or any matter
related thereto, or(without limitation)to any of the following matters:
(a) Soils, Etc. Soils, seismic, hydrological, geological and topographical conditions
and configurations.
(b) Artifacts. Archeological, prehistoric and historic artifacts, remains and relics.
(c) Endangered Species. Endangered plant, animal and insect species.
(d) Hazardous Materials. Hazardous Materials and other environmental conditions,
including without limitation, lead-based paint, asbestos and mold.
(e) Physical Defects. Physical and mechanical defects in or on any Property,
including without limitation, the plumbing, heating, air conditioning and
electrical systems and the roof, floor, ceilings, walls and other internal
structural components of any buildings or improvements.
(f) Land and Floor Area. The area of the land and the square footage contained in
any buildings or improvements.
(g) Utilities, Schools, Etc. Availability of adequate utilities, water, schools, public
access, and fire and police protection.
(h) Assessment Districts. The status and nature of any assessment districts and the
amount of any assessment liability.
Page 2 of 9
(i) Planning and Zoning. Present, past or future conformity of any Property with
planning, building, zoning, subdivision and development statutes, ordinances,
regulations and permits, the general plan and the specific plan.
(j) Development Fees. The character and amount of any fee, charge or other
consideration which must be paid by Donee to develop any Property.
(k) Title. The condition of title to any Property, including but not limited to the
existence of any easement, license or encroachment whether or not a matter of
public record, and whether or not visible upon inspection of such Property.
(1) Taxes. The status of any general or special real property taxes or assessments
or personal property taxes or any other taxes and assessments applicable to the
Property.
(m) Owner's Association. The financial condition of any owner's association,
including, without limitation, the adequacy of any reserves held by any
owner's association.
(n) Other Matters. Any other matter relating to any Property or to the
development or operation of any Property, including, but not limited to, value,
feasibility, cost, governmental permissions or entitlements, marketability and
investment return.
2.2 RELEASE AND INDEMNITY
(a) Release. Donee fully releases and discharges donors from and relinquishes
all rights, claims and actions that Donee may have or acquire against Donors which
arise out of or are in any way connected with the condition of the property,
including without limitation (a) any matter set forth in section 2.1 above, (b) the
presence of hazardous materials on, under or about any property (including but
not limited to any undiscovered hazardous materials located beneath the surface of
the property) and (c) violations of any hazardous materials laws pertaining to the
property or the activities thereon. This release applies to all described rights, claims
and actions, whether known or unknown, foreseen or unforeseen, present or future.
(b) Meaning. For purposes of this section 2.2, all references to "donors" shall
include: (a) donors' parent, subsidiary and affiliate corporations, (b) donors'
directors, officers, shareholders, employees and agents, and (c) the heirs,
successors, personal representatives and assigns of donors' directors, officers,
shareholders, employees and agents.
(c) Effectiveness. The provisions of this section 2 shall be effective as of the
closing date and shall survive the closing date or termination of this donation
agreement.
Page 3 of 9
3. CLOSING DATE: If the closing date does not timely occur due to the default of
Donee, (a) Donee shall have no further right to receive the property and (b) Donors
shall be free to dispose of the property in any way they see fit.
4. GENERAL PROVISIONS
4.1 Successors and Assigns. This Donation Agreement shall be binding upon and
inure to the benefit of the successors and assigns of the parties.
Notwithstanding the foregoing, Donee may not transfer, assign or encumber
Donee's rights under this Donation Agreement without Donors' prior written
approval.
4.2 Entire Agreement. This Donation Agreement contains the entire agreement
between the parties concerning the Donation and sale of the property, and
supersedes all prior written or oral agreements between the parties to this
Donation Agreement. No addition to or modification of any term or provision
shall be effective unless in writing, signed by both Donors and Donee.
4.3 Time of Essence. Donors and Donee hereby acknowledge and agree that time
is strictly of the essence with respect to each term and condition of this
Donation Agreement and that the failure to timely perform any of the terms
and conditions by either party shall constitute a breach and default under this
Donation Agreement by the party failing to so perform.
4.4 Partial Invalidity. If any portion of this Donation Agreement shall be declared
by any court of competent jurisdiction to be invalid, illegal or unenforceable,
that portion shall be deemed severed from this Donation Agreement and the
remaining parts shall remain in full force as fully as though the invalid, illegal
or unenforceable portion had never been part of this Donation Agreement.
4.5 Governing_Law. The parties intend and agree that this Donation Agreement
shall be governed by and construed in accordance with the laws of the state in
which the Property is located.
4.6 No Third Parties Benefits. No person other than Donors and Donee, and their
permitted successors and assigns, shall have any right of action under this
Donation Agreement.
4.7 Waivers. No waiver by either party of any provision shall be deemed a waiver
of any other provision or of any subsequent breach by either party of the same or any
other provision.
4.8 Captions. The captions and Section numbers of this Donation Agreement
are for convenience and in no way define or limit the scope or intent of the Sections
of this Donation Agreement.
Page 4 of 9
4.9 Counterparts. To facilitate execution, this Donation Agreement may be
executed in as many counterparts as may be convenient or required. It shall not be
necessary that the signature of, or on behalf of, each party, or that the signature of all
persons required to bind any party, appear on each counterpart. All counterparts shall
collectively constitute a single instrument. It shall not be necessary in making proof
of this instrument to produce or account for more than a single counterpart containing
the respective signatures of, or on behalf of, each of the parties hereto. Any signature
page to any counterpart may be detached from such counterpart without impairing the
legal effect of the signatures thereon and thereafter attached to another counterpart
identical thereto except having attached to it additional signature pages.
4.10 No Presumption. All the parties hereto and their attorneys have had full
opportunity to review and participate in the drafting of the final form of this Donation
Agreement and all documents attached as exhibits. Accordingly, such documents
shall be construed without regard to any presumption or other rule of construction
whereby any ambiguities within this Donation Agreement would be construed or
interpreted against the party causing the document to be drafted.
4.11 Notices. Any notices or other communication required or permitted under
this Donation Agreement shall be in writing, and shall be (a) personally delivered, or
(b) sent by certified or registered United States mail, postage prepaid, return receipt
requested, or (c) by overnight delivery by a reputable courier to the address of the
party set forth in this Section or (d) telecopied to the Fax number of the party set
forth in this Section. Such notice or communication shall be deemed given (i) if sent
by personal delivery or by overnight courier, when delivered in person, (ii) if sent by
telecopier, when evidence of successful transmission by telecopier has been received
by sender or, (iii) in the case of mailed notice, forty-eight (48) hours following
deposit in the United States mail. Notice of change of address shall be given by
written notice in the manner detailed in this Section.
Page 5 of 9
If to the Donee: CITY OF CANTON
Attention: City Attorney
2 North Main Street
Canton, Illinois 61520
If to the Donor:
Soo B. Lee
c/o Attv. Chris Walters
149 E. Locust Street
Canton, IL 61520
With a conv to:
Kung Lee
c/o Attv. Rvan Powers
Froehliniz, Weber& Schell, LLP
167 W. Elm Street
Canton, IL 61520
4.12 Joint and Several. If more than one person or entity has executed this Donation
Agreement as Donee, the obligations of all such persons or entities hereunder shall
be joint and several.
[Signatures on the next page]
Page 6 of 9
DONEE: CITY OF CANTON,A MUNICIPAL CORPORATION
Signature:
Print name:
Title:
DONOR: SOO B. LEE
Signature:
Print name:
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 Soo B. Lee,
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 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 ,20_
Notary Public
DONOR: KUNG LEE
Signature:
Print name:
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 Kung Lee,
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 severally acknowledged that she signed,sealed,and delivered the said 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 20_
Notary Public
Page 7 of 9
DONEE: CITY OF CANTON, A MUNICIPAL CORPORATION
Signature:
Print name:
Title:
DONOR: SOO B. LEE
Signature:
Print name:
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 Soo B. Lee,
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 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. AA�
Given under my hand and notarial seal,this W day of �T(�°�' 2015.
la�
Notary blic OFFICIAL SEAL
CHRIS W. WALTERS
NOTARY PIJBLIC, STATc OF ILLINOIS
DONOR: KUNG LEE My Commission Expires Feb 9
P ,2019
Signature:
Print name:
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 Kung Lee,
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 severally acknowledged that she signed, sealed, and delivered the said 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 20
Notary Public
Page 7 of 9
DONEE: CITY OF CANTON, A MUNICIPAL CORPORATION
Signature:
Print name:
Title:
DONOR: SOO B. LEE
Signature:
Print name:
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 Soo B. Lee,
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 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 20_
Notary Public
DONOR: KUNG LEE
Signature: �i
Print name:
NURIZ Mk-
STATE OF 1ttf34E)+S, )
r4;rkF,j()SS.
COUNTY OF R4+, B )
I,the undersigned,a Notary Public in and for said County in the State aforesaid,do hereby certify that Kung Lee,
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 severally acknowledged that she signed, sealed, and delivered the said instrument as their free
and voluntary act for the uses and purposes therein set forth. `,`11111111111''
Given under my hand and notarial seal,this day of � � 20L. ���`���,?�r CO.��i
Notary Public
AV
Page 7 of 9 �iqi Itj '1b tdltl� �v���
'1•0081#111 ��`
EXHIBIT "A"
PROPERTY
ADDRESS
920 W. Locust St.
Canton, IL 61520
P.I.N. #09-08-28-404-001
P.I.N.#09-08-28-404-002
LEGAL DESCRIPTION
See attached
Page 8 of 9
EXHIBIT "A"
Legal Description
For APN/Parcel ID(s): 09-08-28.404.001
A part of the Southeast Quarter of Section 28, Township 7 North, Range 4 East of the Fourth Principal
Meridian, in the County of Fulton and State of Illinois, more particularly described as follows and bearings
are for descriptive purposes:
Commencing at the Northwest corner of said Southeast Quarter marked by a drill hold, thence bearing
South 0 degrees 55 minutes 00 seconds West, a distance of 446.31 feet along the West line of said
Southeast Quarter to the Actual Point of Beginning;thence along the Southerly right-of-way line of State
Route 9 for the next four courses, bearing South 89 degrees 05 minutes 00 seconds East, a distance of
25.99 feet;thence bearing North 58 degrees 43 minutes 36 seconds East, a distance of 31.80 feet;thence
bearing South 63 degrees 16 minutes 24 seconds East, a distance of 145.10 feet;thence bearing South
57 degrees 22 minutes 24 seconds East, a distance of 28.50 feet;thence leaving said Southerly
right-of-way line,bearing South 0 degrees 55 minutes 00 seconds West, a distance of 158.62 feet;
thence bearing South 89 degrees 49 minutes 02 seconds West,a distance of 207.81 feet to said West
Quarter Section line; thence bearing North 0 degrees 55 minutes 00 seconds East, a distance of 223.83
feet along said West Quarter Section line to the Point of Beginning.
Tract 2:
Part of the Southeast Quarter, Section 28, Township 7 North, Range 4 East of the Fourth Principal
Meridian, Fulton County, Illinois, being more particularly described as follows: Commencing at the
Northwest corner of said Southeast Quarter marked by a drill hole; thence bearing South 0 degrees 55
minutes 00 seconds West, a distance of 670.14 feet along the West line of said Southeast Quarter to a
point; thence bearing North 89 degrees 49 minutes 02 seconds East, a distance of 207.81 feet to the
Actual Point of Beginning marked by an iron pin; thence bearing North 0 degrees 55 minutes 00 seconds
East, a distance of 158.62 feet to the South right of way line of Illinois State Route 9 marked by an iron
pin; thence bearing South 57 degrees 22 minutes 24 seconds East, a distance of 221.98 feet along said
right of way line to a point marked by an iron pin; thence bearing South 87 degrees 13 minutes 24
seconds East, a distance of 92.40 feet along said right of way line to a point marked by an iron pin; thence
bearing South 0 degrees 50 minutes 36 seconds West, a distance of 33.55 feet along said right-of-way
line to a point marked by an iron pin; thence bearing South 89 degrees 49 minutes 02 seconds West, a
distance of 281.29 feet to the Point of Beginning.
assasis
AMERICAN
Copyright American Land Title Association. All rights reserved. LAND TITEE
AMCIATION
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment(08/17/2008) Printed: 03.11.15®04:03 PM
Page 3 IL.CT-FMDI-01080.225245-SPS-1-15.5245.1500375
r i
dAHES I. NELSON
COUNTY CLERK &
Prepared by and FULTON COUNTY, ILGORnER
Return to after recording:
Nancy L. Rabel,Attorney 1/2015 ON
(�°�1�112015 03:44:05PM
City of Canton
REC FEE: 60.00
2 N. Main Street PAGES: 4
Canton, IL 61520
QUIT CLAIM DEED
The Grantor, Soo B. Lee, of the County of Fulton of the State of Illinois for and in consideration
of One Dollar ($1.00) and other good and valuable consideration in hand paid, CONVEYS AND
QUIT CLAIMS to the City of Canton, the Grantee, an Illinois Municipal Corporation, whose
address is 2 N. Main Street, Canton, IL 61520, of the County of Fulton of the State of Illinois, all
interest in the following described real estate situated in the City of Canton, County of Fulton, in
the State of Illinois, to wit:
See attached Exhibit A as legal description;
Property Address: 920 W. Locust Street
Canton, IL 61520
PIN 09-08-28-404-001 and 09-08-28-404-002
Hereby releasing and waiving all rights under and by virtue of the Homestead Exemption Laws
of the State of Illinois.
This Transaction is exempt under 35 ILCS 200/Sec. 31-45(e)
of the Illinois Real Estate Transfer Tax Act.
EXHIBIT "N'
Legal Description
A part of the Southeast Quarter of Section 28,Township 7 North, Range 4 East of the Fourth Principal
Meridian, in the County of Fulton and State of Illinois,more particularly described as follows and bearings
are for descriptive purposes:
Commencing at the Northwest corner of said Southeast Quarter marked by a drill hold,thence bearing
South 0 degrees 55 minutes 00 seconds West, a distance of 446.31 feet along the West line of said
Southeast Quarter to the Actual Point of Beginning;thence along the Southerly right-of-way line of State
Route 9 for the next four courses,bearing South 89 degrees 05 minutes 00 seconds East, a distance of
25.99 feet;thence bearing North 58 degrees 43 minutes 36 seconds East,a distance of 31.80 feet;thence
bearing South 63 degrees 16 minutes 24 seconds East,a distance of 145.10 feet;thence bearing South
57 degrees 22 minutes 24 seconds East,a distance of 28.50 feet;thence leaving said Southerly
right-of-way line,bearing South 0 degrees 55 minutes 00 seconds West,a distance of 158.62 feet,
thence bearing South 89 degrees 49 minutes 02 seconds West,a distance of 207.81 feet to said West
Quarter Section line;thence bearing North 0 degrees 55 minutes 00 seconds East,a distance of 223.83
feet along said West Quarter Section line to the Point of Beginning.
Tract 2:
Part of the Southeast Quarter, Section 28, Township 7 North, Range 4 East of the Fourth Principal
Meridian, Fulton County, Illinois, being more particularly described as follows: Commencing at the
Northwest corner of said Southeast Quarter marked by a drill hole; thence bearing South 0 degrees 55
minutes 00 seconds West, a distance of 670.14 feet along the West line of said Southeast Quarter to a
point; thence bearing North 89 degrees 49 minutes 02 seconds East, a distance of 207.81 feet to the
Actual Point of Beginning marked by an iron pin; thence bearing North 0 degrees 55 minutes 00 seconds
East, a distance of 158.62 feet to the South right of way line of Illinois State Route 9 marked by an iron
pin; thence bearing South 57 degrees 22 minutes 24 seconds East, a distance of 221.98 feet along said
right of way line to a point marked by an iron pin; thence bearing South 87 degrees 13 minutes 24
seconds East, a distance of 92.40 feet along said right of way line to a point marked by an iron pin;thence
bearing South 0 degrees 50 minutes 36 seconds West, a distance of 33.55 feet along said right-of-way
line to a point marked by an iron pin;thence bearing South 89 degrees 49 minutes 02 seconds West, a
distance of 281.29 feet to the Point of Beginning.
Dated this day of April, 2015
X v (SEAL)
Soo B. Lee
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 Soo B. Lee, 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, sealed and delivered the said instrument as their free and voluntary act for the
uses and purposes therein set forth including the release and waiver of the right of homestead.
Given under my hand and notarial seal this 6 day of April, 2015.
Notary Public NC 'r ,LUNW
L
M., Feb 9,2M9
Future taxes & Return to:
City of Canton
2 N. Main Street
Canton, IL 61520
S � �l
r t
YtAi+l�
�I tOS
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: L. ri - (,+
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
swear to the best of my knowledge that the statements contained herein are true and correct. GrantorlGrantor's Attorney further states
iat this affidavit for the purpose of indicating to THE RECORDER OF DEEDS OF FULTON COUNTY, ILLINOIS,that the conveyance by the
.tached instrument is within,and in compliance with,the provisions o Illinois Plat Act.
ame: l!"�� V'Vd kV 7 , '�✓/ �e Signatudrd4e-
ame: Date:
Signature: Date.
'Subscribed and sworn to before me this f h day of 20 J
QMCIAL SEAL -
SARAH E. PORTER Not Pu ;c
NOIfARY PUBIJC•STATE OF ILUNOIS
[-My COMMISSION EXPIRES&12.2017
iproval for State Plat Act,County Subdivisi SURVEY REQUIRED FOR RECORDING: Yes❑ No
ilton County Plat Officer/designee: Date:
OTE: County Plat Officer signature required for properties only in the UNINCORPORATED areas of Fulton County)
i t5 E15Z-3
JAHES I. NELSON
COUNTY CLERK A RECORDER
Prepared by and FULTON COUNTY, IL
Return to after recording: RECORDED ON
Nancy L. Rabel, Attorney 05/21/2015 03:44:06PH
City of Canton REC FEE: 60.00
2 N. Main Street PAGES: 4
Canton, IL 61520
QUIT CLAIM DEED
The Grantor, Gary S. Tucker, of the County of �a��,�a_p, of the State of
for and in consideration of One Dollar($1.00) and other good and valuable consideration in and
paid, CONVEYS AND QUIT CLAIMS to the City of Canton, the Grantee, an Illinois Municipal
Corporation, whose address is 2 N. Main Street, Canton, IL 61520, of the County of Fulton of
the State of Illinois, all interest in the following described real estate situated in the City of
Canton, County of Fulton, in the State of Illinois, to wit:
See attached Exhibit A as legal description;
Property Address: 920 W. Locust Street
Canton,IL 61520
PIN 09-08-28-404-001 and 09-08-28-404-002
Hereby releasing and waiving all rights under and by virtue of the Homestead Exemption Laws
of the State of Illinois.
This Transaction is exempt under 35 ILCS 200/Sec.3145(e)
of the Illinois Real Estate Transfer Tax Act.
EXHIBIT "A"
Legal Description
A part of the Southeast Quarter of Section 28,Township 7 North, Range 4 East of the Fourth Principal
Meridian, in the County of Fulton and State of Illinois,more particularly described as follows and bearings
are for descriptive purposes:
Commencing at the Northwest corner of said Southeast Quarter marked by a drill hold,thence bearing
South 0 degrees 55 minutes 00 seconds West, a distance of 446.31 feet along the West line of said
Southeast Quarter to the Actual Point of Beginning;thence along the Southerly right-of-way line of State
Route 9 for the next four courses, bearing South 89 degrees 05 minutes 00 seconds East, a distance of
25.99 feet; thence bearing North 58 degrees 43 minutes 36 seconds East,a distance of 31.80 feet;thence
bearing South 63 degrees 16 minutes 24 seconds East,a distance of 145.10 feet;thence bearing South
57 degrees 22 minutes 24 seconds East,a distance of 28.50 feet;thence leaving said Southerly
right-of-way line,bearing South 0 degrees 55 minutes 00 seconds West,a distance of 158.62 feet;
thence bearing South 89 degrees 49 minutes 02 seconds West,a distance of 207.81 feet to said West
Quarter Section line;thence bearing North 0 degrees 55 minutes 00 seconds East,a distance of 223.83
feet along said West Quarter Section line to the Point of Beginning.
Tract 2:
Part of the Southeast Quarter, Section 28, Township 7 North, Range 4 East of the Fourth Principal
Meridian, Fulton County, Illinois, being more particularly described as follows: Commencing at the
Northwest corner of said Southeast Quarter marked by a drill hole; thence bearing South 0 degrees 55
minutes 00 seconds West, a distance of 670.14 feet along the West line of said Southeast Quarter to a
point; thence bearing North 89 degrees 49 minutes 02 seconds East, a distance of 207.81 feet to the
Actual Point of Beginning marked by an iron pin; thence bearing North 0 degrees 55 minutes 00 seconds
East, a distance of 158.62 feet to the South right of way line of Illinois State Route 9 marked by an iron
pin; thence bearing South 57 degrees 22 minutes 24 seconds East, a distance of 221.98 feet along said
right of way line to a point marked by an iron pin; thence bearing South 87 degrees 13 minutes 24
seconds East, a distance of 92.40 feet along said right of way line to a point marked by an iron pin;thence
bearing South 0 degrees 50 minutes 36 seconds West, a distance of 33.55 feet along said right-of-way
line to a point marked by an iron pin; thence bearing South 89 degrees 49 minutes 02 seconds West, a
distance of 281.29 feet to the Point of Beginning.
Dated this h day of April,2015
(SEAL)
Gary S. Tucker
STATE OF GEORGIA )
SS.
COUNTY OF Eft i fhayn )
I, the undersigned, a Notary Public in and for said County, in the State aforesaid, do
hereby certify that Gary S. Tucker, 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, sealed and delivered the said instrument as their free and voluntary act for the
uses and purposes therein set forth including the release and waiver of the right of homestead.
-1-Lt
Given under my hand and notarial seal this day of April, 2015.
Notary Public
Future taxes & Return to:
City of Canton �,��:•• ' '•••`�D
2 N. Main Street '
Canton, IL 61520
M�'���►
May 081512:52p City Of Canton 3096471310 p.2
TO BE FfLED 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 d Sutdivision Ordinances May Also Apply)
PARCEL NUMBER: �) - C± -7�rS' C'��-C, t ` f+—�, g, ck,1 7%_r
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 1LLINOfS 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 cXCEPTIO.VS — APPROVAL BY COUNTY PLAT OFFICER i
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 safe or exchange of parcels or tracts of land following the division into no more than 2 parts of a particuiar 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 Irian 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:
Y t Signature
Name: Signature: Date:
Su oec►��sltrq 'lrf a me this day of 2E_A 5 _
corn
rn
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�Gi•'.oGgL tG
y'y C0U
q ,. N Diary Pu tic WDa::�I----
Approval for State Plat Act,County rvision 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)