HomeMy WebLinkAboutResolution #5074 RESOLUTION NO. 5074_
A RESOLUTION APPROVING AN AGREEMENT BETWEEN PEARLINE HADSALL,
LINDA MARTIN, SHERRY YOCUM AND JEREMY YOCUM AND THE CITY OF
CANTON AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND
DELIVER SAID AGREEMENT ON BEHALF OF THE CITY OF CANTON, ILLINOIS.
WHEREAS, the Legal & Ordinance Committee of the City of Canton has determined
that it is necessary and in the best interests of the City of Canton to enter into An agreement with
Pearline Hadsall, Linda Martin, Sherry Yocum, and Jeremy Yocum to help assist in the
demolition of property located at 421 West Locust Street, Canton, Illinois, 61520, that has been
deemed dangerous and as set forth in Exhibit"A" attached hereto and incorporated herein; and
WHEREAS,the City Council of the City of Canton has made a similar determination.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF CANTON, ILLINOIS,AS FOLLOWS:
1. That the agreement attached hereto and incorporated herein as Exhibit "A" is hereby
approved by the Canton City Council.
2. That the Mayor and City Clerk of the City of Canton, Illinois are hereby authorized and
directed to execute said Agreement on behalf of the City of Canton.
3. That this Resolution shall be in full force and effect immediately upon its passage by the
City Council of the City of Canton, Illinois and approval by the Mayor thereof.
PASSED by the City Council of the City of Canton, Illinois at a regular meeting this 1st day of
November 2016, upon a roll call vote as follows:
AYES: Alderman Justin Nelson, John Lovell, Angela Hale, Craig West, Tad Putrich,
Ryan Mayhew
NAYS: None
ABSENT: Alderman Gerald Ellis
ABSTAIN: None
APPROVED:
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Jeffrey A Fritz, Mayor
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PREPARED BY AND RETURN TO:
NANCY L. RABEL
CITY ATTORNEY
CITY OF CANTON
2 North Main Street
Canton, IL 61520
AGREEMENT
THIS AGREEMENT made and entered into this Li 11' 1,,day of I £ cLyn bt4', 2016,
between the City of Canton, a municipal corporation, (hereinafter referred to as the "First Party"
or "the City") and Pearline A. Hadsall, Linda G. Martin, Jeremy D. Yocum, and Sherry L.
Yocum, (hereinafter referred to as the "Second Party") who own property located at 421 West
Locust Street, Canton, Illinois 61520.
Second Party represents that they are the legal owners of the property known and called
421 West Locust Street, Canton, Illinois,and is duly authorized to enter into this Agreement with
First Party.
In consideration of the First Party's forbearance from further prosecuting its cause of
action against Second Party; and
Further, in consideration of the waiver of Second Party of its right to present defenses to
resist said cause of action; and
Further in consideration of the mutual covenants, agreements and stipulations of the
parties,the parties do hereby agree as follows:
1. Parties agree that the garage structure located at 421 West Locust Street, in the City
of Canton, Illinois, is a dangerous, and unsafe building as defined in Sec. 6-18-12 of
the Code of the City of Canton and that it is not economically feasible for the Second
Party to repair said structure,which is located on the following premises:
SITUATED IN THE COUNTY OF FULTON AND STATE OF ILLINOIS;
LOT NUMBER NINETY-SEVEN (97) IN HIPPLE'S SUBDIVSION OF LOTS
FOUR (4), SEVEN (7), EIGHT (8), AND FIFTEEN (15), FRENCH'S
ADDITION, SITUATED IN THE CITY OF CANTON, ILLINOIS
EXCEPTING; COMMENCING AT THE SOUTHWEST CORNER OF SAID
LOT 97, THENCE NORTH 12 MINUTES EAST 71.4 FEET, THENCE EAST
48.19 FEET, THENCE SOUTH 12 MINUTES WEST 71.4 FEET, THENCE
WEST 48.19 TO THE POINT OF BEGGING;
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AND
LOT NUMBER NINETY-EIGHT (98) IN HIPPLE'S SUBDIVISION OF LOTS
FOUR (4), SEVEN (7), EIGHT (8), AND FIFTEEN (15), FRENCH'S
ADDITION SITUATED IN THE CITY OF CANTON, COUNTY OF FULTON,
IN THE STATE OF ILLINOIS HEREBY RELEASING AND WAIVING ALL
RIGHTS UNDER AND BY VIRTUE OF THE HOMESTEAD EXEMPTION
LAWS OF THIS STATE.
TAX I.D.NUMBER: 09-08-27-301-023
MORE COMMONLY KNOWN AS: 421 WEST LOCUST STREET, CANTON,
ILLINOIS, 61520
2. The City agrees to loan the Second Party the sum of$34,238.00 for the sole purpose
of demolishing the building located at 421 West Locust Street, Canton, Illinois, and
as described more particularly in paragraph 1 of this Agreement.
3. The Second Party agrees to repay the City of Canton for the amount of$34,238.00,
plus the$60.00 filing fee for the recording of the Agreement.
4. The Second Party agrees to make payments in the amount of$250.00 a month, and
such payments shall commence on the 1st day of December, 2016, and shall be
payable on the first day of each AND EVERY MONTH THEREAFTER UNTIL
THE BALANCE HAS BEEN FULLY PAID. In the event that the property is not
demolished by the 1St day of December, 2016, Second Party agrees to commence
payments within 30 days from receiving an invoice from the City of Canton's
Accounts Receivable Department and future payments will be due on the 151 of every
month thereafter.
5. The Second Party agrees that this Agreement shall serve as a lien on the property
until fully paid; said Agreement to be filed with the Fulton County Recorder of
Deeds.
In the event of the failure of Second Party to pay an installment hereunder at the time
herein fixed, the entire sum payable hereunder shall at once become due and payable at
the option of the City of Canton in any instance and failure by the City to demand that the
balance be paid in full shall not be deemed a waiver thereof and shall not be construed as
a bar of impediment to the exercise of such option in any other instance. In the event that
the Second Party defaults and the City may demand the entire amount due and payable,
the City may foreclose on the lien and obtain ownership of said property.
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FIRST PARTY:
City of Canton, a municipal corporation
By: < // 1e(Ct Date: ///oj��o?o!(>
Jeffrey A. Fi'Ifz,Mayor
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Diana Pavley-Rock, City Clerk
SECOND PARTY:
Pearline A. Hadsall
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Linda G. Martin Ai.
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Jeremy D. Yocum
/ Date: //- 3 / L
Sherry LX'ocum -
Date: ALL/ Ve
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