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HomeMy WebLinkAboutResolution #3149RESOLUTION PD. 3149. A RE90LUT I QV APPRON I NG AN AC~EEAIEPTf PROM I D I I~G FOR THE SALE/ PISE OF CITY UMfED REAL PROPERTY LOCATED AT ADDRESS OF 504 SOUTH FIFTH AVEENI~, C,ANTOI\I, 1 LL I PD 1 S . W-fF~4S, the Canton City Council has heretofore determined the necessity of selling certain real property identified in the attached agreement; and, W-EREA.S, it is now necessary to enter into a written agreement providing for the City of Canton's sale of such real property. NC~iV, Tl-Ef2EF~E, BE 1 T HEREBY RESOLVFF~ BY TF-E CITY OOtNC 1 L OF TI-E CITY ~ C~WTpV, Fulton County, Illinois as follows: 1. That the agreement providing for the sale of city owned real property located at 504 South Fifth Avenue, Canton, Illinois, such agreement being attached hereto and identified as Exhibit "A" incorporated herein by reference, is hereby approved by the Canton City Council. 2. That the Mayor and City Clerk are hereby authorized and directed to execute and deliver duplicate originals of said agreement and to execute and deliver the requisite quit-claim deed and all other papers necessary to conclude said transaction. 3. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Fulton County, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 20th day of October, 1992, upon a roll call vote as follows: AYES: ~~~ Molleck, Coay, Sarff, Steck, Bohlen, Meade, Chapman, May, NAYS: None, Ag~T: None , APPFm1/m: Donald Edwards, Mayor ATTEST: ~~: Nanc Whites City Clerk ACflEB~FM Imo. AN A(~OYT PF~V I D 1 NG Fit Tif SALE ~ CERTA I N CITY QMED REI~LTY W-EFiEAS, the City of Canton, an Illinois municipal corporation, is the owner of certain real property hereinafter more particularly described which such real property has been by said City determined to be no longer necessary, appropriate, required for the use of, profitable to, or for the bests interests of the City of Canton; and, VIHEAEAS, Linda Martin desires to purchase such real property from the City of Canton. NaM, l'1-~~E, I T I S 1-EFiE61f ABED AS FOLLQN5 1. SELLER: The Seller of the real property hereinafter described is the City of Canton, an Illinois municipal corporation, having its main office located at 210 East Chestnut Street, Canton, Illinois 61520, hereinafter referred to as the "City". 2. BIJYEFt: The Buyer of the real property hereinafter described is Linda Martin whose permanent mailing address is P.O. Box 493, Canton, Illinois, hereinafter referred to as the "Buyer". 3. SIBJECT M4TTER: The subject matter of this agreement is certain real property located within the corporate limits of the City of Canton, Fulton County, Illinois with common address of 504 South Fifth Avenue, Canton, Illinois. Said real property is legally described as follows, to-wit: ~, Lot Number Sixteen (16) in Marshall and Fisher's First Addition to the City of Canton, situated in the County of Fulton and State of Illinois.' 4. ~151DERATIQH: The consideration supporting this agreement is made up of the mutual covenants and agreements herein set forth and payment of the cash sum of Thirteen Thousand Six Hundred Dollars ($13,600.00) by Buyer to the City in lawful money. 5. OQVNEYANCE: The City shall convey title to said real property to Buyer by a good and sufficient quit-claim deed. 6. TITLE: The City shall show proof of merchantable title in said real property to Buyer by either, in the City's sole discretion, supplying Buyer with an updated abstract of title or a commitment to insure title in the amount of the cash sum set forth in paragraph 4, above. In the event an abstract is provided by the City, it shall be updated only once at the City's expense. Proof of merchantable title as aforesaid shall be furnished by the City to Buyer within 30 days of the date of this agreement or, for good cause shown, at such other further time as the parties may agree to; and such extension of time shall be accomplished by an instrument in writing. 7. DEFECTS IN TITLE: In the event Buyer makes objection to the status of title and, in the opinion of the City Attorney, such objection sets forth a bona fide defect causing title to not be merchantable, the City shall, in its sole discretion, cure such defect within 60 days of Buyer's making of such objection o. declare this agreement to be null and void provided, however, that the city return to Buyer any earnest money deposit without interest and, still further, providing that Buyer release to the City the original of the abstract of title or commitment to insure title. 8. CLOSING: Closing shall take place within 14 days of the expiration of the time period set forth in paragraph 6, above. Closing shall take place at the City's main office as set forth in paragraph 1, above. 9. TABS MD UTILITIES: General real estate taxes, utilities and special assessments, if any, shall be prorated between the City and Buyer according to their respective time of possession of the premises. The City shall be responsible for all general real estate taxes, utilities and special assessments, if any, which are levied or placed against said premises in any year preceeding the instant year and which are now legally cognizable, due and owing. The City may, at its election, allow some or all of its share of such general real estate taxes, utilities and special assessments, if any, as a credit against the cash sum due and owing to the City from the Buyer. All as set forth in paragraph 4, above. If such credit is given by the City to the Buyer, the Buyer hereby covenants and agrees to hold the City whole and harmless on account thereof.~~ 10. 71;7VING WAD USE ~ PRE~AISES: The above described premises is presently zoned B-2, General Commercial District under the City of Canton's zoning ordinance(s), as amended. The use of the premises shall be governed by reference to such zoning ordinance(s) as the same presently exists and as such zoning ordinance(s) may be amended. No notice has been received by the city concerning any zoning code violations. 11. TE7VA1~'Y/OOCILiPAK.Y/POSSESSION: The City hereby warrants that the subject premises, to the best of its knowledge, is not now subject to a right of any third party tenant or occupant. The City shall give possession of the above described premises to Buyer at closing. 12. IMIPI.IED/E~F~ESSED WARRANTIES: Other than as above set forth, this agreement is not subject to any express or implied warranty of any sort. The Buyer hereby warrants that he has had full and ample opportunity to inspect the above described premises; that he is satisfied that his inspection thereof was complete; and, that, other than as herein set forth, no promises, representations or inducements whatsoever have been made to Buyer by the City or by the City's officers, officials, employees or agents. 13. AIJTF~2ITY: This agreement is executed and delivered by the City to the Buyer by authority of the City Council of the City of Canton, Fulton County, Illinois and pursuant to an ordinance thereof passed at its regular meeting of 1992. 14 . QTFf}2 TEliu6 AND OQ~D I T I aVS None. IN WITNESS VMfREoF the City and the Buyer have set their hands and seals to two originals thereof this day of , 1992. ATTEST: City Clerk (Corporate Seal) CITY OF GANTgV, an Illinois municip 1 corporation, ,~ ~ ~z~%~~'f ~~~~ Its Mayor Buyer