HomeMy WebLinkAboutResolution #3402RESOLUTION NO. 3 4 n ~
RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF
CANTON AND MICHAEL HARMON AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF
OF THE CITY OF CANTON, ILLINOIS.
WHEREAS, the City of Canton, Illinois has entered into negotiations with
Michael Harmon the for sale of 1.15 acres in the City's Enterprise Industrial District; and,
WHEREAS, the City Council of the City of Canton, Illinois has reviewed the
terms of the proposed agreement, a copy of which is hereto attached and made a part
hereof as Exhibit "A"; and,
WHEREAS, the City Council of the City of Canton, Illinois has determined that
it is desirable and in the best interest of the City of Canton to enter into said agreement..
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CANTON, Fulton County, Illinois as follows:
1) That the agreement between the City of Canton and Michael Harmon,
which is attached hereto and made hereof as Exhibit "A:, is hereby approved, said
Agreement to be subject to and effective pursuant to the terms and conditions set forth
therein.
2) That the Mayor and City Clerk are hereby authorized and directed to
execute and deliver said agreement on behalf of the City of Canton, Illinois.
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.
PASSED by the City Council of the City of Canton, Fulton County, Illinois at a
regular meeting this day of /~~ye`rr ~er 1997, upon a roll call vote as
follows:
AYES: Aldermen Shores, May, Nidiffer, Meade, Phillips,
Hartford .
NAYS: Alderman Sarff .
ABSENT: Alderman Molleck APPROVED:
~~~
Donald E. Edwards, Mayor
ATTEST:
ancy Whit ,City Clerk
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Exhibit "A" ~ : ~
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AGREEMENT FOR SALE OF REAL ESTATE
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ARTICLES OF AGREEMENT, made as of this 1~day of
1997 between the City of Canton, and Illinois municipal corporation, hereinafter called
"Seller", and Michael Harmon, hereinafter called "Buyer" witnesseth, that, if the Buyer
shall first make the payments and perform the covenants hereinafter mentioned on its part
to be made and performed, the Seller hereby covenants and agrees to convey merchantable
title to the Buyer by a good and sufficient Municipal Corporate Deed, the lot, pieces, or
parcel of ground, situated in the City of Canton, County of Fulton and State of Illinois,
described as follows, to-wit:
North half of lot number fifteen (15) of the Enterprise Industrial District pursuant
to the Subdivision Plat thereof filed in the Fulton County (Illinois) Recorder's
Office on October 26, 1984 as Instrument Number 84-8960, containing 1.15 acres,
more or less, subject to all present and future easements of record and, further,
subject to all restrictive covenants and/or land use controls which Seller, or,
Seller's successors and assigns has placed or may place on said lot, all of the
foregoing real property being situated in the City of Canton, County of Fulton and
State of Illinois.
The Buyer hereby covenants and agrees to pay to the Seller at the office of the
City Clerk, City Building, 210 East Chestnut Street, Canton, Illinois, 61520, the sum of
Five Thousand Seven Hundred Fifty Dollars ($5,750.00), in the following manner: The
sum of $1,150.00 upon execution and delivery hereof, and, payments of $1,150.00 each
on or before the first, second, third, and fourth anniversary date of this agreement.
Possession to be given upon execution and delivery hereof. A Commitment for
title insurance policy in owner of record at date of conveyance shall be furnished by Seller
for examination by Buyer not less than thirty (30) days before the last scheduled payment.
Both Seller and Buyer agree that the subject property is part of the Enterprise
Industrial District being developed by Seller. Buyer agrees to use the above described real
property only in conformity with the City of Canton Zoning Ordinance (now codified as
Title 10, Chapter 1 through 20, inclusive, of the Canton Municipal Code) as the same is
now promulgated and as the same may hereafter be amended. Buyer agrees to use the
above described real property in conformity with all applicable rules or regulations of the
State of Illinois Environmental Protection Agency, of the Federal Environmental
Protection Agency, and of the Federal Aviation Administration (with respect to the height
and placement of improvements on the subject real property, as well as other associated
matters).
Buyer recognizes that Seller has developed restrictive covenants and other land use
controls, which are attached hereto and made a part hereof as Exhibit "B", to be applied
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to the Enterprise Industrial District, of which the above described real property is a part.
Buyer hereby irrevocably agrees that he shall take title to the above described real
property subject to any and all such restrictive covenants or and use controls developed by
the City of Canton.
Still, further, both Seller and Buyer agree that part of the mutual inducements
forming a part of this Agreement is the creation and retention of jobs in the Enterprise
Industrial District. Accordingly, Seller and Buyer both hereby agree that gross sales price
set forth on Page 1 of this Agreement shall be modified as follows: A sum equal to
$115.00 multiplied by the number of permanent jobs created by Buyer one year from the
date hereof shall be deducted from the aforesaid gross sale price. For purposes of this
paragraph, a "permanent job" shall be any job created by the Buyer and reported to the
State of Illinois by Buyer for State Income Tax purposes on the first anniversary of this
Agreement which is then permanently filled. The number of such permanent jobs shall be
certified to the Canton City Council by the City of Canton's Community Development
Director and Buyer hereby irrevocably agrees to abide by the number of permanent jobs so
certified. Buyer agrees to make its books and records available to the City of Canton, its
officers and employees for purposes of such certification. Such modification shall be made
by Seller within sixty (60) days after the first anniversary of this Agreement. Seller shall,
within such period, reimburse to Buyer that portion, if any, of the gross sales price,
computed as aforesaid, without interest, within said sixty (60) day period.
Notice shall be given to any party hereto by United States mail, certified mail,
return receipt requested, and directed to the following addresses:
To Seller: City Clerk
City Building
210 East Chestnut Street
Canton, Illinois 61520
Any notice given to the Seller shall include an informational copy, mailed as
aforesaid, and addressed to the attention of the City Attorney at the above stated address.
To Buyer: Michael Harmon
1100 West Locust, Box 19
Canton, Illinois 61520
OTHER TERMS AND CONDITIONS:
Notwithstanding the provisions of this Agreement found at Page 1 hereof, the
gross sales price set forth at Page 1 of this Agreement shall not be modified so as to fall
below a modified gross sales price of $2,300.00.
Both Seller and Buyer covenant and agree that the covenants, terms and conditions
of this Agreement shall survive the closing herein contemplated and shall continue to be
binding upon each of said parties.
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Both Seller and Buyer irrevocably covenant and agree that part of the mutual
consideration supporting this Agreement is the Buyer's agreement to create existing jobs in
the Enterprise Industrial District or Buyer's agreement to create new jobs in the Enterprise
Industrial District. In the event that the Buyer has not created or retained those
permanent jobs represented by Buyer to Seller to be created then Seller may, in its sole
and exclusive option, declare this agreement a nullity and enter upon and retake
possession of the aforesaid premises without notice to Buyer and without process of law.
Buyer shall from the date hereof and during the pendency of this agreement pay all
general real estate taxes on the above described premises and pay all special assessments
thereon, if any, saving Seller whole and harmless therefrom.
Both Seller and Buyer irrevocably covenant and agree to share equally in the cost
of surveying the premises which are the subject of this agreement said for the purpose of
dividing lot #15 as requested by the Buyer.
IN WITNESS WHEREOF, Seller and Buyer have executed duplicate originals of
this Agreement for Sale of Real Estate as of the date first above-mentioned.
BUYER: Michael Harm SELLER: City of Canton, an Illinois
municipal corporation
By: ~ By:
ael on Donald E. Edwards, Mayor
Date: ~~~ ~i ~ "
Date: ~ ~- ~~ ~ ~ 7
Address: lloo w. Locust, sox 19
Canton, IL 61520
Phone: 309/647-0260
(CORPORATE SEAL)
Address: 210 E. Chestnut Street
Canton, IL 61520
Phone 309/647-5022
ATTEST: _
City Clerk
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"EXHIBIT B"
MASTER DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS
The CITY OF CANTON, an Illinois municipal corporation, on the day and date
shown at the end hereof makes this Master Declaration of Covenants, Conditions and
Restrictions pursuant to a reservation contained in each deed of lots heretofore conveyed
and as owner of lots remaining for the purpose of establishing a general plan for the
development of the (Canton) Enterprise Industrial District, (a subdivision, plat recorded
on October 26, 1984, Slide 215, Fulton County, Illinois land records) so that all of the lots
listed in Exhibit A will be held, occupied, sold and conveyed subject to the following
easements, restrictions, covenants, conditions, liens and charges set out in this Declaration
and referred to as the restrictions, all of which shall run with the real property described in
Exhibit A and be binding on all parties having any right, title, or interest in the property or
any part thereof, and on their heirs, successors and assigns. These restrictions inure to
the benefit of each owner of the real property described in Exhibit A and every part of it as
a servitude in favor of each and every parcel of it as the dominant tenant and maybe
enforced by the Declarant, its successors and assigns, each owner (as defined herein) or
the owners' successors and assigns.
ARTICLE I
Unless the context otherwise specifies or requires, the following words or phrases,
when used in this Declaration have the meaning specified here:
A. Declarant means the City of Canton, an Illinois municipal corporation and its
successors and assigns.
B. Lot means a legally described plot of real estate as shown on the recorded
subdivision plat.
C. Restrictions means this Declaration, together with any and all suggested
declarations which maybe adopted by Declarant.
D. Master Declarations means this instrument as amended from time to time.
E. Owner means either Declarant or any person who is either the grantee of the
fee simple estate by conveyance or his/her successor or assign or the purchaser under a
contract for deed for a lot in the Canton Enterprise Industrial District.
F. Person means the natural individual or any other entity with the legal right to
own or hold title to real property.
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ARTICLE GENERAL RESTRICTIONS
A. No lot may be used for any residential purpose including overnight parking of
occupied recreational vehicles.
B. No action can be taken nor can any use be made of lots or parts thereof within
the Canton Enterprise Industrial District which constitutes a nuisance or violates any
applicable public law, ordinance or regulations.
C. No shed, tent or temporary building can be erected, maintained or used on any
lot. However, temporary buildings for use and used only for purposes incidental to the
initial construction of improvements can be constructed provided that the temporary
buildings and promptly removed within 30 days after completion of the construction work.
D. Business signs of the customary and usual nature are permitted provided
however:
(1) That no flashing signs are permitted
(2) That there be no more than two signs per business. These may be double
sided buy may not exceed 50 square feet per side.
(3) that if a sign ordinance be adopted by the City of Canton, said ordinance shall
apply except in cases of conflict when these restrictions shall apply.
E. No weeds, rubbish, debris objects or material of any kind can be placed or
permitted to accumulate on any portion of any property that renders that portion
unsanitary, unsightly, offensive or detrimental to any property in its vicinity.
F. No noxious or offensive trade or activity can be carried on upon any portion of
the property no shall anything be done or maintained on the property that is or becomes an
annoyance or nuisance to neighboring properties.
G. No disable or inoperative machinery or equipment may be allowed to remain
on any lot for more than 30 days.
No machinery or equipment of any kind can be placed operated or maintained on any lot
except machinery or equipment that is usual and customary in connection with the basic
use of the property.
H. No salvage yards or junkyards as the same are defined by the city zoning
ordinance shall be permitted.
MORTGAGE PROTECTION GENERAL PROVISIONS
1) Terms: The covenants, conditions and restrictions of this Declaration shall run
until October 30, 2009. After that date, covenants, conditions and restrictions are
automatically extended for successive periods of ten years each unless extinguished or
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amended by a written instrument executed by at least 75 percent of the owners of lots in
Canton's Enterprise Industrial District and recorded with the Fulton County Land
Records.
2) Right of Enforcement: Except as otherwise provided in this Declaration, any
owner of any lots within the Enterprise Industrial District has the right to enforce any or
all of the provisions of these restrictions on any property within the Enterprise Industrial
District and its owners.
3) Violations and Nuisance: Every act or omission where any provision of these
restrictions violated in whole or in part is here declared to be a nuisance and can be
enjoined or abated, whether or not the relief sought is for negative or affirmative action by
Declarant, or any owners of lots within the enterprise Industrial District. However, any
other provisions to the contrary notwithstanding, only declarant, can enforce by self-help
any of the provisions of these restrictions, and only if the self-help is preceded by
reasonable notice to the owner involved.
4) Violation of Law: Any violation of any state, municipal, or local law,
ordinance, or regulation pertaining to the ownership occupation, or use of any property
within Enterprise Industrial District is hereby declared to be a violation of the restrictions
and subject to any or all of the enforcement procedures set forth in these restrictions.
5) Captions. All captions and titles used in this Declaration are intended solely for
convenience or reference and do not affect the substance set forth in any provision.
MORTGAGE PROTECTION
Mortgage priority shall be maintained in that no breach of the covenants,
conditions or restrictions contained in this Declaration shall affect, impair, defeat or render
invalid the lien or charge of any mortgage made in good faith and for a value encumbering
any lot. All covenants and restrictions are binding upon any owner whose title is derived
through foreclosure, deed in lieu of foreclosure or otherwise with respect to a lot.
Exhibit A
Lots 2 through 23 and Outlots 1 through 2A of Enterprise Industrial District, City of
Canton, Fulton County, Illinois
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OFFICIAL RECEIPT /
MISCELLANEOUS INCOME ~/ ~ 1 Z L~
City of anton, 19
RECEIVED FROM $ ~? S~ ~ DO
oilers ~ cents
The sum of o too DOLLARS
In payment for ~l~
rl -~----,~ _ cJ e _ , n _ , ~
This receipt Is made wltR a carbon copy which is an ezacf CITY OF CA N, ILLINOIS
duplicate-any alterations or erasures made after it has been torn
from book will render this receipt void. Always get a receipt for
every payment. B
City Clerk Trey
~o ~ so750 ,ice 2 6 9 3
saoo~2alsas
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NOpNtlSTBANKS Canton. IL 81520
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HARMON TRUCKING a-s2
R.R.2 PH. 647-0260
``~ CANTON, IL 61520