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HomeMy WebLinkAboutResolution #1193#1193 A RESOLDTION APPROVING AN AGRRN':' BETWEEN THE CITY OF CANTON AND THE METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO WHEREAS, the Legal and Ordinance Committee has determined that it is necessary and in the best interest of the City of Canton to enter into an Agreement with the Metropolitan Sanitary District of Greater Chicago as set forth in Exhibit A to this Resolution; and, WHEREAS, the Canton City Council has made a similar determination. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois, as follows: 1. That the attached Agreement, Exhibit A, by and between the City of Canton and the Metropolitan Sanitary District of Greater Chicago be, and the same hereby is, approved by the Canton City Council. 2. That the Mayor and City Clerk are hereby authorized and directed to execute and deliver said Agreement together with all checks and other documents reasonably necessary to effectuate the terms of said Agreement. 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 January , 1987, upon a roll call vote as follows: AYES: Aldermen Kovachevich, Zilly, Steck, Sarff, Workman, Bohler, May, Chapman. NAYS: None. ABSENT: None. ~, APPROVED : ~~'~"3-~~~~~ _,~ MAYOR. ATTEST: ~.~i'" - ity Clerk. AGREEMENT This Agreement made and entered into as of this 20th day of January , 1987, WITNESSETH as follows: 1. Parties: The parties to this Agreement are the City of Canton, an Illinois municipal corporation, with its principal office at 210 E. Chestnut Street, Canton, IL 61520, hereinafter called "Purchaser", and the Metropolitan Sanitary District of Greater Chicago, an Illinois municipal corporation, with its principal office at 100 E. Erie Street, Chicago, IL 60611, hereinafter called "Seller". 2. Subject Matter: The subject matter of this Agreement is the sale to Purchaser by Seller of the real estate set forth in Exhibit A to this Agreement and the purchase by Purchaser from Seller of the real estate set forth in Exhibit A to this Agreement. 3. Purchase Price: The purchase price of the real property set forth in Exhibit A shall be One Hundred Seventy Thousand and no/100 ($170,000.00) Dollars. Seller acknowledges receipt of Fifty Thousand and no/100 Dollars ($50,000.00) from Purchaser on September 26, 1986. The remaining balance of One Hundred Twenty Thousand and no/100 ($120,000.00) Dollars shall be paid by Purchaser to Seller in semiannual installments of Twenty Thousand and no/100 ($20,000.00) Dollars each with the first such installment to be made on December 31, 1987 and subsequent installments to be made on or before June 30, 1988, December 31, 1988, June 30, 1989, December 31, 1989, and June 30, 1990. Purchaser shall have the right of prepayment at any time. 4. Interest: The principal payments set forth in the foregoing paragraph shall bear interest at the rate of 8$ per annum. Such interest shall become due and payable at the same time as the semiannual principal payments. 5. Conveyance: Conveyance by Seller to Purchaser shall be by general Corporate Quit-claim Deed. 6. Proof of Status of Title: Seller shall provide Purchaser with a Commitment to Insure Title in the amount of the purchase price to be issued, if possible, by Chicago Title Insurance Company through Fulton County Abstract Company, Lewistown, Illinois. Such Commitment and the Title Policy to be issued shall reflect merchantable title in Seller. All expenses in connection with perfecting title and title insurance shall be paid by the Seller. Seller shall be allowed a reasonable period of time, but not less than 30 days, to cure any defects and to make said title merchantable. 7. Time of Conveyance: Seller shall convey merchantable title to the property set forth in Exhibit A to Purchaser within 30 days of the date of this Agreement. 8. Existing Tenancies: The parties recognize that the subject real property is subject to an existing tenancy created pursuant to Seller's Permit appertaining to Field 151. Seller represents to the Purchaser that Seller, on or about September 30, 1986, gave notice to the Tenant of termination of the tenancy effective December 31, 1986. Purchaser agrees to reimburse the Tenant for any amounts due and owing under said Permit to the Tenant by reason of the termination of said Permit. Further, Purchaser agrees to save Seller whole and harmless by reason of any claim or action brought by or through said Tenant based upon said Permit and/or its termination. 9. Abatement of Taxes: Seller and Purchaser agree that the real property set forth in Exhibit A is a portion of a larger tract of property which is identified in Exhibit B to this Agreement. Contemporaneously with this Agreement and the sale and purchase of the real property set forth in Exhibit A, Seller agrees to voluntarily petition Purchaser for the annexation and rezoning of all property set forth in Exhibit B into the Corporate Limits of the City of Canton, Illinois. Purchaser agrees, contemporaneously with the passage of any Annexation Ordinance, to abate the City's share of real estate taxes on all of the property set forth in Exhibit B, excepting only the 100 acres identified in Exhibit A. Such abatement shall be for a period of approximately 16~ years; i.e., 20 years from date of July 1, 1983. After seven years from the date of this Agreement, Seller shall have the right to petition purchaser for the disconnection of any property set forth in Exhibit (2> B which has not been either acquired by Purchaser for its corporate purposes, or, which has not been acquired by other developers in or near Purchaser's Enterprise Industrial Park for industrial or economic development/redevelopment purposes. 10. Real Estate Taxes: 1987 general real estate taxes, or, prorata 1987 real estate taxes, as applicable, shall be paid by Seller. The balance of 1987 general real estate taxes, if any, and all subsequent real estate taxes and special assessments shall be paid by Purchaser. 11. Exculpation Clause: Both Seller and Purchaser understand that the real property set forth in Exhibit A is being purchased for ultimate conveyance to the State of Illinois for use by the State of Illinois as the site of a new State Correctional Center. The parties to this Agreement understand that the State of Illinois has certain requirements relative to the quality of real property upon which such correctional centers are located. Satisfaction of some of the requisite State criteria involve the making of test borings and other tests and/or examinations to determine the acceptability of the real property for State construction purposes. Should the State of Illinois determine that the site as set forth in Exhibit A to this Agreement is unacceptable for the location of a State Correctional Facility, then both Seller and Purchaser agree that this Agreement shall be and become a nullity, that Seller shall reimburse to Purchaser all monies paid by Purchaser pursuant to this Agreement, and that the parties to this Agreement shall reassume their respective positions prior to entering into this Agreement. In the event this Agreement becomes a nullity as provided in this Paragraph 11, Purchaser shall remain liable to Seller for Seller's cancellation costs as provided in the foregoing Paragraph 8. 12. Binding Agreement: This Agreement shall be binding upon each of Seller and Purchaser and upon each of Seller's and Purchaser's respective successors and assigns. The Doctrine of Merger shall not apply to this Agreement and this Agreement shall survive the conveyance of title. (3) IN WITNESS WHEREOF delivered by each of the first above written. this Agreement has been executed and Seller and the Purchaser as of the date CITY OF CANTON ("Purchaser"), an Illinois municipal corporation, BY: ~ Donald E. Edwards, Mayor. ATTEST: Nancy Whites, City Clerk. ~ METROPOLITIAN SANITARY DISTRICT OF GREATER CHICAGO ("Seller"), an Illinois municipal corporation, BY: Chairman, Committee on Finance. ~ ATTEST: Secretary. (4) W. [OR., 3W. V4 OF dEL. Z9 TRtil E POINT OF BElsINNINGc WEdT LINE ~EGT10N 29 Q~ m ~~ N 1 '~ v ~_ W ~ r -~3.z9• ILL. STATE RTE. ~ ~ 48.28' j, 89.43' 41"W 3 89.45' 31" W, I V94.74' ~ j 42~ 58' 19" 1(V V 8.80' m ~ ~ V wR I 9 ~ o 3~ O '- O r 3W. GOR.~ 3.w. ya , d EG. 29 TRACT I 100.000 AGRE3 W 4~i ~ ry ~,. o ~ •~0 'QQ ~2 ~~ 'SQL 89.29' O'1' E ~-- - - 3ou-rH uNE 3L'L~'10N Z9 LEb EAi D o EXIdT. LANL. R/W MARKER a 10 N w N Mi ~I SOUTH uNE JEGTION 29 4.g' 30`07' 28" W ~- 4.5' N89.44'4'S"E x.80. 8S' N Sq' 19' 34" E ~ IOS.92' N 8~i• Z9' 07" E ~ RADIUS=937.50' ARL. = 78.99' LH~.^ X80.55'49"8 7 8.9V' Agreement No. Exhibit A, Page 1 ~~~ 3LA.lE 1"=400' A part of the Southwest Quarter of Section 29 and a part of the Northwest Quarter of Section 32, located in ZbHmship 7 North, Range 4 East of the Fourth Principal Meridian, described as follows: Beginning at the Northwest corner of the Southwest Quarter of Section 29, Township and Range aforesaid, running thence N 89°43' 41" E, 73.29 feet; thence South 48.28 feet to an existing concrete right-of-way marker, said point being the true point of beginning; thence S 42°58'19" W, 68.80 feet to an existing concrete right~f- way marker; thence following the East right-of-way of County Route 21 A S 0°38'27" W, 1666.34 feet to an existing concrete right-of- way marker; thence following the arc of a curve to the left a distance of 1371.50 feet, whose chord bears S 44°42'18" E, 1231.50 feet to an existing concrete right-of-way marker; thence S 0°07'28" W, 4.5 feet; thence N 89°44'45" E, 680.88 feet. to an existing concrete right-of- way marker; thence N 89°19'34" E, 105.92 feet; thence along the arc of a curve to the right a distance of 78.99 feet, whose chord bears S 80°55'49" E, 78.96 feet; thence leaving said right~f-way of County Route 21 A N 0°38'27" E, 2611.84 feet to a point on the South right- of-way of Illinois State Route 9; thence along said right-of-way S 89°45'31" W, 1694.74 feet to the true point of beginning. Said tract containing 100.00 acres. Agreement No. Exhibit A, Page 2 Zr QQo~ F ~ ~ ~ ~ ~ ~ ~W ~t V gY aW W 3r7n~ d Z ~ Z W W W .. J o •YV a~laaaaiN3 ~ ~~ J W,~ ¢Z N01173F '1.i1 3F b/i 3F 3N11 1F3N W ill ~ RI - A~1 h F T N ~ N N W ; r ~N d ~• o~ ~ z ~, N ,r N W Wo Y~IQ W~ .~ NQ d v s 0' ~ r ZZ d l~ ~ ~ W N 1 1 ~~ze Oa ~ W ~Z ~ "(1 W If1 S ~ 0-d rtIN;~ d `~ a p~ v'A a ~ J H a 's d e = a ~ ~ o Z Q }' z e O W a ~- ~ ~ Q ^ N o I Z b 3 W L If1N~ N ~O ~;6 ~ b KY~YN ~ ~V~ ~t~ F"1 N v I 5 ~d ~ W a M~ ~ ~ ~ ~ d ~ a .J m .~ ~ ~ z ~ W N~~ 1 ~ ~ rid N M ~ e ~ Z• ~a 2~ y v ,b1c'~!'1~11 'M.LZ.BC.OF d-IZ J.'a'M}i~llH Jl1Nr107 ~~ a~i +~ ai ~ ~ ~-I.fr' b~ Ewa ~N W ~~ Tract I Imo; ~ Description A part of the Southwest Quarter of Section 29 and a part of the Northwest Quarter of Section 32, located in Township 7 North, Range 4 East of the Fourth Principal r9exidian, F1~lton County, Illinois, described as follows: Beginnir~ at the Northwest corner of the Southwest Quarter of Section 29, Township and Range aforesaid, mm~ing thence N 89°43'41" E, 73.29 feet; thence South 48.28 feet to an existing: concrete right~f-way marker, said point being the true point of beginning; thence S 42°58'19" W, 68.80 feet to an existing concrete right~f-way marker; thence following the East right-of-way of County Route 21-A S 0°38'27" W, 1666.34 feet to an existing concrete right~f-way marker; thence following the arc of a curve to the left a distance of 1371.50 feet, whose chord bears S 44°42'18" E, 1231.50 feet to an existing concrete right-of-way marker; thence S 0°07'28" W, 4.5 feet; thence N 89°44'45" E, 680.88 feet to an existing concrete right-of- way marker; thence N 89°19'34" E, 105.92 feet; thence along the arc of a curve to the right a distance of 613.03 feet, whose chord bears S 64°36'47" E, 602.16 feet to an existing concrete right-of-way marker; thence along the arc of a curve to the right a distance of 771.83 feet, whose cord bears S 22°57'09" E, 750.22 feet; thence S 0°37'21" W to a'point on the North right~f-way line of Enterprise Drive; thence leaving County Highway 21 A and following the North right-of-way line of Enterprise Drive in a North zasterly direction too a point on the west line of the Northeast Quarter of the Northeast Quarter of said Section 32; thence following along the West line of said Quarter quarter section in a Northerly direction to the South- east corner of the Southeast Quarter of the Southeast Quarter of said Section 29; thence Northerly along the West line of the Southeast Quarter of the Southeast Quarter of said Section 29 to the Southeast corner of the Northwest Quarter of the Southeast Quarter of said Section 29; thence nauzing in a Northwesterly direction to the most southerly ~ concrete right of-way marker located on the West lime of the Southeast Quarter of said Section 29; thence N O1°56'14" E, 34.33 feet to an existing concrete right of-way marker; thence along the South right-of-way of Illinois State Route 9 S 89°45'31" W, 2542.35 feet to an existing concrete right-of-way marker, said point also being the true point of beginning, said tract oonta;n;f,g 243.763 acres more or less. Agreement No. Exhibit B, Page 2 AGREEMENT N0. 494 AGREEl~NT This Agreement made and entered into as of this 22nd day of January 1987, WITNESSETH as follows: 1. Parties: The parties to this Agreement are the City of Canton, an Illinois municipal corporation, with its principal office at 210 E. Chestnut Street, Canton, IL 61520, hereinafter called "Purchaser", and the Metropolitan Sanitary District of Greater Chicago, an Illinois municipal corporation, with its principal office at 100 E. Erie Street, Chicago, IL 60611, hereinafter called "Seller". 2. Subject Matter: The subject matter of this Agreement is the sale to Purchaser by Seller of the real estate set forth in Exhibit A to this Agreement and the purchase by Purchaser from Seller of the real estate set forth in Exhibit A to this Agreement. 3. Purchase Price: The purchase price of the real property set forth in Exhibit A shall be One Hundred Seventy Thousand and no/100 ($170,000.00) Dollars. Seller acknowledges receipt of Fifty Thousand and no/100 Dollars ($50,000.00) from Purchaser on September 26, 1986. The remaining balance of One Hundred Twenty Thousand and no/100 ($120,000.00) Dollars shall be paid by Purchaser to Seller in semiannual installments of Twenty Thousand and no/100 ($20,000.00) Dollars each with the first such installment to be made on December 31, 1987 and subsequent installments to be made on or before June 30, 1988, December 31, 1988, June 30, 1989, December 31, 1989, and June 30, 1990. Purchaser shall have the right of prepayment at any time. 4. Interest: The principal payments set forth in the foregoing paragraph shall bear interest at the rate of 8~ per annum. Such interest shall become due and payable at the same time as the semiannual principal payments. 5. Conveyance: Conveyance by Seller to Purchaser shall be by general Corporate Quit-claim Deed. 6. Proof of Status of Title: Seller shall provide Purchaser with a Commitment to Insure Title in the amount of the purchase 1 price to be issued, if possible, by Chicago Title Insurance Company through Fulton County Abstract Company, Lewistown, Illinois. Such Commitment and the Title Policy to be issued shall reflect merchantable title in Seller. All expenses in connection with perfecting title and title insurance shall be paid by the Seller. Seller shall be allowed a reasonable period of time, but not less than 30 days, to cure any defects and to make said title merchantable. 7. Time of Conveyance: Seller shall convey merchantable title to the property set forth in Exhibit A to Purchaser within 30 days of the date of this Agreement. 8. Existing Tenancies: The parties recognize that the subject real property is subject to an existing tenancy created pursuant to Seller's Permit appertaining to Field 151. Seller represents to the Purchaser that Seller, on or about September 30, 1986, gave notice to the Tenant of termination of the tenancy effective December 31, 1986. Purchaser agrees to reimburse the Tenant for any amounts due and owing under said Permit to the Tenant by reason of the termination of said Permit. Further, Purchaser agrees to save Seller whole and harmless by reason of any claim or action brought by or through said Tenant based upon said Permit and/or its termination. 9. Abatement of Taxes: Seller and Purchaser agree that the real property set forth in Exhibit A is a portion of a larger tract of property which is identified in Exhibit B to this Agreement. Contemporaneously with this Agreement and the sale and purchase of the real property set forth in Exhibit A, Seller agrees to voluntarily petition Purchaser for the annexation and rezoning of all property set forth in Exhibit B into the Corporate Limits of the City of Canton, Illinois. Purchaser agrees, contemporaneously with the passage of any Annexation Ordinance, to abate the City's share of real estate taxes on all of the property set forth in Exhibit B, excepting only the 100 acres identified in Exhibit A. Such abatement shall be for a period of approximately 16~ years; i.e., 20 years from date of July 1, 1983. After seven years from the date of this Agreement, Seller shall have the right to petition purchaser for the disconnection of any property set forth in Exhibit (2) B which has not been either acquired by Purchaser for its corporate purposes, or, which has not been acquired by other developers in or near Purchaser's Enterprise Industrial Park for industrial or economic development/redevelopment purposes. 10. Real Estate Taxes: 1987 general real estate taxes, or, prorata 1987 real estate taxes, as applicable, shall be paid by Seller. The balance of 1987 general real estate taxes, if any, and all subsequent real estate taxes and special assessments shall be paid by Purchaser. 11. Exculpation Clause: Both Seller and Purchaser understand that the real property set forth in Exhibit A is being purchased for ultimate conveyance to the State of Illinois for use by the State of Illinois as the site of a new State Correctional Center. The parties to this Agreement understand that the State of Illinois has certain requirements relative to the quality of real property upon which such correctional centers are located. Satisfaction of some of the requisite State criteria involve the making of test borings and other tests and/or examinations to determine the acceptability of the real property for State construction purposes. Should the State of Illinois determine that the site as set forth in Exhibit A to this Agreement is unacceptable for the location of a State Correctional Facility, then both Seller and Purchaser agree that this Agreement shall be and become a nullity, that Seller shall reimburse to Purchaser all monies paid by Purchaser pursuant to this Agreement, and that the parties to this Agreement shall reassume their respective positions prior to entering into this Agreement. In the event this Agreement becomes a nullity as provided in this Paragraph 11, Purchaser shall remain liable to Seller for Seller's cancellation costs as provided in the forgoing Paragraph 8. ' 12. Binding Agreement: This Agreement shall be binding upon ' each of Seller and Purchaser and upon each of Seller's and Purchaser's respective successors and assigns. The doctrine of merger shall not apply to this Agreement, and this :~~reement shall survive the conveyance of title. (3) IN WITNESS WHEREOF delivered by each of the first above written. this Agreement has been executed and Seller and the Purchaser as of the date CITY OF CANTON ("Purchaser"), an Illinois municipal corporation, -~-, BY : ~ ~ ~--o.-. cJ~2 , Donald Edwards, Mayor. ATTEST: ~Y , a cy Whi es, City Clerk. METROPOLITIAN SANITARY DISTRICT OF GREATER CHICAGO ("Seller"), an Illinois municipal corporation, BY : ~ ~ C airman, Co it ee on Finance. ATTEST: e o t e District (4) APPROVED AS TO FORM AND LEGALITY: (J . Head Assistant A torney ~~ ttorney _, `-~ _._ r-a3-g APP ROVED General Superintendent . 4 TRUE POINT OF BElaINNINLi WEST LINE ~EGT10N 24 N.W. LOR., 3W. V4 OF dEL. Z9 ~-~3.z9• ILL. STATE RTE. ~ ~- 48.28 d 89' 43' 41" W ,3 89.45' 31" W, 1 x.94.74' ~_ j 42.58' 19• W V8.80' Q+ ~ .1 J NI J W • OTC ~ N to O Z ~ O V 1 3 O O 3w coR., 3.w. ya . d EG. 29 TRACT I 100.000 AGRE3 3ouTH LINE wA 3EGT10 N 29 90 - - 30.0'1'28"W, 4 4.5' ~. w~ cy ~~ SO 'QQ ~~3 i sp 30.07'28• W 4.5' N 89.29' O"1' E N89.44'4.5"E - - (.80. 88' dOUTH UNE N $9'19'34"E 3eLT10N Z9 IOS.92' LEb E1~1 ~ o EX13T. LANL• R/W MARKER z J 89.29' 07" E RADILId=937. SC' A,RL. = 7 8.99' LH~.• ~80.55'49'E 7 8.9 V' Agreement No. ~ 494 Exhibit A, Page 1 SCALE I"=400' ,, ~ /~ -, A part of the Southwest Quarter of Section 29 and a part of the Northwest Quarter of Section 32, located in Township 7 North, Range 4 East of the Fourth Principal Meridian, described as follows: Beginning at the Northwest corner of the Southwest Quarter of Section 29, Township and Range aforesaid, running thence N 89°43' 41" E, 73.29 feet; thence South 48.28 feet to an existing o~ncrete right-of-way marker, said point being the true point of beginning; thence S 42°58'19" W, 68.80 feet to an existing concrete right-of- way marker; thence following the East right-of-way of County Route 21 A S 0°38'27" W, 1666.34 feet to an existing concrete right-of- way marker; thence following the arc of a curve to the left a distance of 1371.50 feet, whose chord bears S 44°42'18" E, 1231.50 feet to an existing concrete right-~f-way marker; thence S 0°07'28" W, 4.5 feet; thence N 89°44'45" E, 680.88 feet. to an existing concrete right-of- way marker; thence N 89°19'34" E, 105.92 feet; thence along the arc of a curve to the right a distance of 78.99 feet, whose chord bears S 80°55'49" E, 78.96 feet; thence leaving said right~f-way of County Route 21 A N 0°38'27" E, 2611.84 feet to a point on the South right- of-way of Illinois State Route 9; thence along said right~f-way S 89°45'31" W, 1694.74 feet to the true point of beginning. Said tract containing 100.00 acres. Agreement No. 4_ Exhibit A, Page 2 xr ~ o 3 ~ P ~ ~ ' W t1L ~ g Y ~~'Ff~IJrt1~ z Z W W W •' W J a ~~ J -- ~~ -- W .~ z tr .n wm F N K ~ N W ; F~- to •n in d m• O aD ~ 2 ~ N ,r H W NO Y;i d ~ .~ N~ 2d S~ p r ;~ 0 ZZ d •xv a t t ;~ l ~ ~ N I W I ~~z~ v~~°t G~ -"z-^~ d J d ` ;e Q O ^ Z Z Q }' _ N Y li O W a o- ~ ~ Q • N 'Y1 tt t ~ i o i Z W in~r o-~ qlN ;~ :f~;n NW 3 •a t ~N W ~~m t ~~g m %•~ ~J Q N 'q ~3n 3 ~' ~ H N J ~- v ( p~ ~~ ~ i eN a WQ Q. v ~ ~ ~ z ~ ~ ~ W ~am N~. ~ ~ ~N ~Nd d K r V ` i b£'~I~l'll `M LZ 81i.O F I d-12 J.`v'Mti~IFl A1NTI07 ¢2 N01173F 'bi{ 3F 4/i 3F 3Nt1 1F3M z w ~ s~ a~i ~ a~i ,a ~ ~~ ~ Ewa ~N ~~ ~w .^ V Tract I Legal Description A part of the Southwest Quarter of Section 29 and a part of the Northwest Quarter of Section 32, located in Township 7 North, Range 4 East of the Fourth Principal Dleridian, Elton County, Illinois, described as follows: Beginning at the Northwest o~rner of the Southwest Quarter of Section 29, Township and Range aforesaid, running thence N 89°43'41" E, 73.29 feet; thence South 48.28 feet to an existing,. concrete right~f-way marker, said point being the true point of beginning; thence S 42°58'19" W, 68.80 feet to an existing concrete right~f-way marker; thence following the East right-of-way of Cotmty Route 21 A S 0°38'27" W, 1666.34 feet to an existing concrete right-of-way marker; thence following the arc of a curve to the left a distance of 1371.50 feet, whose chord bears S 44°42'18" E, 1231.50 feet to an existing concrete right-of-way marker; thence S 0°07'28" W, 4.5 feet; thence N 89°44'45" E, 680.88 feet to an existing concrete right-of- way marker; thence N 89°19'34" E, 105.92 feet; thence along the arc of a curve to the right a distance of 613.03 feet, whose chord bears S 64°36'47" E, 602.16 feet to an existing concrete right~f-way marker; thence along the arc of a curve to the right a distance of 771.83 feet, whose cord bears S 22°57'09" E, 750.22 feet; thence S 0°37'21" W to a~point on the Nc?*_+~ right-~f-gray line of Enterprise Drive; thence leaving County Highway 21-A and following the North right-of-Tway line of Enterprise Drive in a North easterly direction to a point on the west line of the Northeast Quarter of the Northeast Quarter of said Section 32; thence following along the West line of said Quarter rniari-ar section i11 a Northerly direction to the South- east corner of the Southeast Quarter of the Southeast Quarter of said Section 29; thence Northerly along the West line of the Southeast Quarter of the Southeast Quarter of said Section 29 to the Southeast corner of the Northwest Quarter of the Southeast Quarter of said Section 29; thence naming in a Northwesterly direction to the most southerly existing coc~csete right of~way marker located on the West line of the Southeast Quarter of said Section 29; thence N O1°56'14" E, 34.33 feet to an existing conc:.~ete right of-way marker; thence aloes the South right-bf-way of Illimis State Route 9 S 89°45'31" W, 2542.35 feet to an existing concrete right~f-way marker, said point also being the trove point of beginning. said tract containing 243.763 acres more or less. Agreement No. 494 Exhibit B, Page 2 BEFORE THE CITY OF CANTON PLANNING AND ZONING COMMISSION IN THE MATTER OF THE PETITION ) FOR ANNEXATION AND RE-ZONING OF: ) THE METROPOLITAN SANITARY DISTRICT ) OF GREATER CHICAGO. ) NOTICE OF HEARING ,~~,~, day of January, 1987. (Nan y Whites), City Clerk. T0: Copperas Creek Fire Copperas Creek Fire Cooperas Creek Fire Protection Dist. Protection Dist. Protection Dist. Dewey J. Fidler $Jerry Luper $Gover Beaird RR #3 RR #5 P.O. Box 1 Canton, IL 61520 Canton, IL 61520 Norris, IL 61553 NOTICE IS HEREBY GIVEN TO YOU, AND EACH OF YOU, AS FOLLOWS: 1. A Petition for Annexation and Re-Zoning of approximately 243.763 acres of certain real property therein more particularily set forth has been filed with the City of Canton by the Metropolitan Sanitary District of Greater Chicago. A true and correct copy of that petition is hereto attached. 2. Hearing on said petition is scheduled for date of February 9, 1987 commencing at the hour of 7:00 o'clock P.M. before the City of Canton Planning and Zoning Commission in the City Council Chambers, City Building, 210 E. Chestnut Street, Canton, Illinois. At that time and place you may appear and be heard on all matters touching upon said petition. 3. This notice is given to you in your capacities as Trustees of the Copperas Creek Fire Protection district pursuant to Division 1, Article 7, Chapter 24, Illinois Revised Statutes (1985) and local ordinance. STATE OF ILLINOIS, COUNTY OF FULTON. AFFIDAVIT OF SERVICE SS. NANCY WHITES, being first duly sworn, deposes and says on oath that as City Clerk of the City of Canton she did cause the foregoing notice to be served upon the Trustees of the Copperas Creek Fire Protection District, and each of them, by mailing true and correct copies of the same by certified mail, return receipt requested, at their addresses as above set forth and deposited in the United States Mail at Canton, Illinois on the 23rd day of January, 1987, postage fully prepaid. ancy ites. SUBSCRIBED AND SWORN TO before me this 23rd day of January, 1987. Nota Pu lic. PETITION FOR A1~RxATION AND RE-ZONING COMES NOW the Metropolitan Sanitary District of Greater Chicago, an Illinois municipal corporation, owner of the premises hereinafter described, and petitions the City Council of the City of Canton, Fulton County, Illinois to annex to said City and re-zone the following described real estate, and in support thereof says as follows: 1. That the real estate which is the subject matter of this Petition is legally described as set forth in the annexation plat hereto attached, identified as Exhibit "A", and herein incorporated by reference as fully as though set forth at this place verbatim. 2. That the real estate sought to be annexed and re-zoned is not within the corporate limits of any municipality but is contiguous to the City of Canton, Illinois. 3. That there are no electors residing in the territory sought to be annexed and re-zoned. 4. That the Petitioner is the fee owner of the aforesaid real estate. 5. That the real estate sought to be annexed and re-zoned is part of the Canton Community Fire Protection District but is not part of any library district. 6. That proper notice of the filing of this Petition for Annexation and Re-Zoning has been given to the Trustees of the Canton Community Fire Protection District as provided by law and that an affidavit that service of notice has been made as provided by law has been filed with the Fulton County Recorder of Deeds. 7. That the real estate sought to be annexed and re-zoned has been previously used for agricultural purposes and is presently zoned by Fulton County as. I-1, Light Industrial; that said real property is best suited for industrial purposes and should be annexed to the City of Canton, Illinois in an I-2, Heavy Industrial Zoning Classification. 8. That the highest and best use of the real estate sought to be annexed and re-zoned is heavy industrial. WHEREFORE, Petitioner respectfully requests that the above described real property be annexed to the City of Canton, Fulton County, Illinois and re-zoned to I-2, Heavy Industrial under the City of Canton's zoning ordinance, pursuant to ordinance and - Chapter 24, §7-1-8 of the Illinois Revised Statutes (1985). METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO, an Illinois municipal corporation, BY: Chairman, Committee on Finance ATTEST: Clerk. STATE OF ILLINOIS, ) SS. COUNTY OF COOK. ) being first duly sworn, upon his oath. deposes and .says that he is of the Metropolitan Sanitary District of Greater Chicago, an Illinois municipal corporation, and, in such capacity has read-and subscribed the foregoing; that the matters and things set forth above are, to the best of affiant's knowledge, true, accurate and correct. SUBSCRIBED AND, SWORN to before me this day of , 1986. ~- Notary Public. APPROVED: Real Estate.Administrator -2- ., ~, APPROVED AS TO FORM AND LEGALITY: Principal Assistant Attorney Attorney APPROVED: General Superintendent. GOLLNTY HIGHWAY ZI-A d0.38'2l"W, 16(e4.34' LL Z pn L A^~n ' AWw1 ~ N~0 m0 ` L ` .G -~ m r ~ ~ . A A ~ y ~ I U- N NA m NO ~ ~ m o J "a H N~ f u- nNivn w ~ ~~ '. ~J N J_ Q~~ W n~ ~ I = I !!- f ;N mN - p ~~'~~ wok c.n,w A=o ` J 6 ul (n In o Z I i V- ~ ~ mf m F \ ~~ 7v p-° O ~ A"zmZ I ! 1 ~ p N,cA ~~+ WN > ~ I I .p ~ ~ (~, WEdT LINE dE 3E V4, dEGT10N %4 2~i N N ~ v I O A ENTERPRl3E ~R. a w 0 x ° Z ~ ~ Z ~ y m ~ x Z z 9 ~~~~~~ v ~• z• zn ~?"'o~^~ Z'm° ~ '° a ~ ~ _ ~ ~ ~ Y ~ ~_~ ~O ~z v z~ a W ~, ~~ A; N W. oN Ai '~° m; ~ r w~ f r -,1 LL Z .D N ~y f "~ m N ~~ N ~ W m N .~ 2 ;P W~ m ~m r N.9 ~ ~ a p ., Tract I Legal Description A part of the Southwest Quarter of Section 29 and a part of the Northwest Quarter of Section 32, located in Township 7 North, Range 4 East of the Fourth Principal D4eridian, Fulton County, Illinois, described as follows: Begiruiing at the Northwest corner of the Southwest Quarter of Section 29, Township and Range aforesaid, running thence N 89°43'41" E, 73.29 feet; thence South 48.28 feet to an existing wncrete rightrof-way marker, said point being the true point of beginning; thence S 42°58'19" W, 68.80 feet to an existing concrete right-of-way marker; thence following the East rightrof-way of County Route 21-A S 0°38'27". W, 1666.34 feet to an existing concrete right-of-way marker; thence following the arc of a curve to the left a distance of 1371.50 feet, whose chord bears S 44°42'18" E, 1231.50 feet to an existing concrete rightrof-way marker; thence S 0°07'28" W, 4.5 feet; thence N 89°44'45" E, 680.88 feet to an existing concrete rightrof- way marker; thence N 89°19'34" E, 105.92 feet; thence along the arc of a curve to the right a distance of 613.03 feet, whose chord bears S 64°36'47" E, 602.16 feet to an existing concrete rightrof-way marker; thence along the arc of a curve to the right a distance of 771.83 feet, whose cord bears S 22°57'09" E, 750.22 feet; thence S 0°37'21" W to a point on the North right-of-way line of Enterprise Drive; thence leaving County HighFray 21 A and following the North rightrof way line of Enterprise Drive in a North- easterly direction to a point on the west line of the Northeast Quarter of the Northeast Quarter of said Section 32; thence following along the West line of said Quarter quarter section in a Northerly direction to the South- east corner of the Southeast Quarter of the Southeast Quartex of said Section 29; thence Northerly along the West line of the Southeast Quarter of the Southeast Quarter of said Section 29 to the Southeast corner of the Northwest Quarter of the Southeast Quarter of said Section 29; thence running in a Northwesterly direction to the mast southerly existing eoricrete right- ofway marker located on the West line of the Southeast Quarter of said Section 29; thence N O1°56'14" E, 34.33 feet to an existing concrete right- ofway marker; thence along the South right-of-way of Illirbis State RQUte 9 S 89°45'31" W, 2542.35 feet to an existing concrete right-~f-way marker, said point also being the true point of beginning, said tract containing 243.763 acres irore or less. EXHIBIT A .. PETITION FOR ANNEXATION AND RE-ZONING COMES NOW the Metropolitan Sanitary District of Greater Chicago, an Illinois municipal corporation, owner of the premises hereinafter described, and petitions the City Council of the City of Canton, Fulton County, Illinois to annex to said City and re-zone the following described real estate, and in support thereof says as follows: 1. That the real estate which is the subject matter of this Petition is legally described as set forth in the annexation plat hereto attached, identified as Exhibit "A", and herein incorporated by reference as fully as though set forth at this place verbatim. 2. That the real estate sought to be annexed and re-zoned is not within the corporate limits of any municipality but is contiguous to the City of Canton, Illinois. 3. That there are no electors residing in the territory sought to be annexed and re-zoned. 4. That the Petitioner is the fee owner of the aforesaid real estate. S. That the real estate sought to be annexed and re-zoned is part of the Canton Community Fire Protection District but is not part of any library district. 6. That proper notice of the filing of this Petition for Annexation and Re-Zoning has been given to the Trustees of the Canton Community Fire Protection District as provided by law and that an affidavit that service of notice has been made as provided by law has been filed with the Fulton County Recorder of Deeds. 7. That the real estate sought to be annexed and re-zoned has been previously used for agricultural purposes and is presently zoned by Fulton County as. I-1, Light Industrial; that said real property is best suited for industrial purposes and should be annexed to the City of Canton, Illinois in an I-2, Heavy Industrial Zoning Classification. 8. That the highest and best use of the real estate sought to be annexed and re-zoned is heavy industrial. WHEREFORE, Petitioner respectfully requests that the above described real property be annexed to the City of Canton, Fulton County, Illinois and re-zoned to I-2, Heavy Industrial under the City of Canton's zoning ordinance, pursuant to ordinance and Chapter 24, §7-1-8 of the Illinois Revised Statutes (1985). METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO, an Illinois municipal corporation, BY : ~• , Chairman, Committee on Finance ATTEST: Clerk. STATE OF ILLINOIS, ) SS. COUNTY OF COOK. ) .T~ M c s C , CC'r r'r ~ , being first duly sworn, upon his oath. deposes and says that he is C t, ~,~,., ~,,., ® ~ l rn an c ~. of the Metropolitan Sanitary District of Greater Chicago, an Illinois municipal corporation, and, in such capacity has read and subscribed the foregoing; that the matters and things set forth above are, to the best of affiant's knowledge, true, accurate and correct. . _ /, ^ , SUBSCRIBED AND, SWORN to before me this ~~ ~ day of ~~., vh r y , ~ 6 IN ~~CeC~ Gt.~vt~fia o;.--,.,~-~-- Notary OVED: ----_-_ al Estate.Administrato c. -2- APPROVED AS TO FORM AND LEGALITY: P i cipal Assistant Attorney . _'~. ~ ,~ _.. Attorney APPROVED: r. ~ ~ ~~~ General Superintendent. ~ ~o Wz GDUNTY HI6NWAY ZI-A . I ~O`S8'2l"W, 1440.34' ~ b ZZ 0 Ip f D 1LZ50 ~- ~{' ~ ~ s A'A Z LL ~a ~ ~ N W: A AN,Wj pQl ~ ~ plp~ ~ r w~ m ~ ~ N .` u y z f A ~ ~ ~ 0 ~ A U' ~ ~ o o ~ i ~'. ~ m h o I JO n ~ la, W ~ -~ ~ V J a ~"~ N~ ~ o ~ N G m a u- U- ~ D Nvn N -0 O ~~~. N ~ ,OpNW p~ LL I ~~ ~N ` ` A`• Wi: WO` ? (:NW m JEI~jI M to o Z I 4 ~mfm ~` ~an ~ ~ o. o ~~ mzmZ I r ~~+A I wN I e P ~ I " G WEST LINE jE %4, ~ (~, dE V4, dEGT1ON 29 N ~ -~ O b A ENTERPRISE pR. ^ < -~ 0 i H Z ° fTl ~ Z fTl y m ~ x Z Z y ;ura~~ D ~Am~mo -sue o .~ z ~~~a a ~ ~ D -v ~y~ :-1 r f z r p ~ z° a ~m N.9 Tract I Legal Description A part of t1~e Southwest Quarter of Section 29 and a part of the Northwest Qu~-~rter of Section 32, located in Township 7 North, Range 4 East of the Fourt}i Principal Meridian, Fulton County, Illinois, described as follows: Beginning at the Northwest corner of the Southwest Quarter of Section 29, Township atxi Range aforesaid, running thence N 89°43'41" E, 73.29 feet; t}ience South 48.28 feet to ati existing concrete rightrof-way marker, said point being the true point of beginning; thence S 42°58'19" W, 68.80 feet to an existing concrete rightrof-way marker; thence following the East rightrof-way of County Route 21-A S 0°38'27". W, 1666.34 feet to an existing concrete right-of-way marker; thence following the arc of a curve to the left a distance of 1371.50 feet, whose chord bears S 44°42'18" E, 1231.50 feet to an existing concrete rightrof-way marker; thence S 0°07'28" W, 4.5 feet; thence N 89°44'45" E, 680.88 feet to an existing concrete right-of- way marker; thence N 89°19'34" E, 105.92 feet; thence along the arc of a curve to the right a distance of 613.03 feet, whose chord bears S 64°36'47" E, 602.16 feet to an existing concrete rightrof-way marker; thence along the arc of a curve to the right a distance of 771.83 feet, whose cord bears S 22°57'09" E, 750.22 feet; thence S 0°37'21" W to a point on the North right-of-way line of Enterprise Drive; thence leaving County HighHray 21-A and following the North rightrof way line of Enterprise Drive in a North- easterly direction t~ a point on the west line of the Northeast Quarter of the Northeast Quarter of said Section 32; thence following along the West line of said Quarter quarter section in a Northerly direction to the South- east corner of the Southeast Quarter of the Southeast Quarter of said Section 29; thence Northerly along the West line of the Southeast Quarter of the Southeast Quarter of said Section 29 to the Southeast corner of the Northwest Quarter of the Southeast Quarter of said Section 29; thence rurulisig in a Northwesterly direction to the most southerly existing ooricrete right of-way marker located on the West line of the Southeast Quarter of said Section 29; thence N O1°56'14" E, 34.33 feet to an existing concrete right- ofway marker; thence along the South rightrof-way of Illirois State Route 9 S 89°45'31" W, 2542.35 feet to an existing concrete right-of-way marker, said point also being the true point of beginning, said tract containing 243.763 acres more or less. EXHIBIT A t A F F I D A V I T STATE OF ILLINOIS, COUNTY OF FULTON. SS. NANCY WHITES, being first duly sworn upon-her oath deposes and says as follows: 1. That her name is Nancy Whites; that she is now the duly elected and qualified City Clerk of the City of Canton, Fulton County, Illinois; that she makes this Affidavit in her capacity as City Clerk. 2. Affiant makes this affidavit in conformity with Section 1, Division 1, Article 7, Chapter 24, Illinois Revised Statutes (1985). 3. Affiant did, on date of January 23 1987, cause notice of hearing on the Petition for Annexation and Re-Zoning of the Metropolitan Sanitary District of Greater Chicago to be served upon the Trustees of the Copperas Creek Fire Protection District, formerly the Canton Community Fire Protection District. Service was made by depositing said notice in the United States Mail at Canton, Illinois, certified mail, return receipt requested, in envelopes plainly addressed to said Trustees with postage thereon fully prepaid. 4. Hearing on said Petition is set for date of February 9, 1987. The real property affected by said Petition is described in Exhibit A attached. 5. Further, Affiant saith not. J ~4 ~' ~ /C/ Nancy Whites, City Clerk. SUBSCRIBED AND SWORN TO before me this 23rd day of January, 1987, by Nancy Whites, City Clerk, City of Canton, Fulton County, Illinois, to me personally known. No ry Public. Prepared by and return to: City Attorney City Building 210 E. Chestnut St. Canton, IL 61520 . ~ A part of the Southwest Quarter of Section 29 and a part of the Northwest Quarter of Section 32, located in Township 7 North, Range 4 East of the Foci Principal Meridian, Fulton County, Illinois, des~ibed as follows: $eginni~ at the Northwest career of the Southwest Quarter of Sectien 29, Township and Range afo*~°~~d, =tauvng thence N 89°43'41" E, 73.29 feet; them South 48.28 feet to an existing, concrete right-of-way mares, said point being the true point of ~g;nning; ~hpnM S 42°58'I9" W, 68.80 feet to an ex; ~-; ~ con~ete right~f-way marker; following the East right-vf-way of County Route 21-A S. 0°38'27" W, 1666.34 feet to an ~cistinq concrete right~f-way marker; then; following the arc of a cisve to the left a distance of 1371.50 feet, whose chord bears S 44°42'I8" E, I23I.50 feet to an ~~ ~-~ ng amcrete right-of-way marker; thence S 0° 07' 28" W, 4.5 feet; tt~u~ N 89°44' 45" E, 680.88 feet to an ~; ~-;*+g v~c:rete riq}it-of_ way marker; thence N 89°19'34" E, 105.92 feet; tt~ almzg the arc of a curve to the right a distance of 613.03 feet, whose ctnrd bears S 64°36'47" E, 602.16 feet to an ~ ~-;*+q concrete right-of-way marJser; thence along the arc of a curve to the right a d;s*°*~~of 7?1.83 feet, where cord bears S 22°57'09" E, 750.22 feet; ttrnce S 0°37'Z1" W to a point on the Nart3z right-cf-way line of Enterprise Drive; leaving Oo~u~ty Sly ?.I~1 and followia~g the North right-of-way ],ine of ~* ~ ~ Dirive 3n a Narttr easterly direction to a point an the west line of the Northeast Quarter of the Northeast Quarter of said Section 32; thence following alOIlg the West line of said Quarter quarter section 3n a Northerly direction to the South- east carter of the Southeast Quarter of the Southeast quarter of said Sectican 29; thence Northerly along the West ]_isie of the SOUt~ast Quarter . of the Southea~~-t Quarter of said Section Z9 to the Southeast ooa~er of the Nortlaaest Quarter of the Southeast 4u~ of said Sects 29; thence rLmn;,,~ in a Northwesterly direction to the most •~,*+-~,.~y ~,~-;*±g ~erete rig~tt- of-sway marker located oar the West ].iae of the Southeast Quarter of said Section 29; thence N Ol° 56' 14" E, 34.33 feet to as eadstiryg co:~crete right- of-way marker; thence alaa~q the South right-of-way of ri ~;*+~; 4 State Route 9 S 89°45'31" W, 2542.35 feet to an exs.stinq concrete right-ef-way maz3cer, said point also being the true point of beginning, said tract o~tainsng 243.763 noses moze or less. . EXHIBIT A City Water and Sewer Department 21 O E. CHESTNUT STREET • CANTON, ILLINOIS 61 S20 (909! 647-0288 MEMO T0: Mayor Don Edwards, Cliff Sagaser, David Leezer & Council Members FROM: Ray McKinney SUBJECT: Prison Rate Comparison DATE: January 20, 1987 In order to help you with your decision on a water and sewer rate reduction for the prison I have attached a chart showing comparisons of several communities that now service prisons. It is our understanding from all the towns that we talked to that the prison board has requested a rate reduction for the prison in their communities. The only city that gave them a reduction was Hillsboro. (See note on bottom of report.) ~ ~ ~ '4 ,. F .+ ~, ~' ~' m ~~ b ~ C!' a F+ rt C p• rt ~ n ~ ~ ~ ~ 4+ ~ ~ ~ fD p ~ ' (D O :T ~ ~ c" " ~ ~ ~ i W + 00 0 ~ O "'~ ~ H IY ~~ (D • M a 0 0 m n rt G m N y •, a ~ 'l7 O +i 1'Y O .}.h r'l rt fD m rt N +"! ID }a n m ~- C H ,~ ~ ~ ~~ ~ ~ ~ ~I ~I ~I ~~ ~~~I~I~,~~~~I~ ~''~ v V O Vt ~ v O~ W V1 r v Vf N r tJ1 V ~ r V O~ v r r O~ v r r N ~ 1~ .~ W N r N 1~ r N ~ ~ r V pp O~ C~ l~ r ~O O V W N r N r lJ~ r tJ~ N V O ~D ~ 00 p 'N ~~ ~ '~ ~ '~ ~ '~ ~~ ~ ~ ~ ~ ~ {n ~ to ~ to ~ O~ In 1~ N N A N r r ~.-. ~ l7~ ~D O W C~ N M N N O O V V W v v W to v N V O ~D ~p OD O N O Q~ v p r ~ ~ N OD O O O O lA V In v In ~ t~ W 1~ W r W o~ ~, cn v~ m Ho ~~ ~m m f~D N 'b M ('~~ v~ N O ~ r r N ~ O V l!~ In O ~ ~ r r ~ O ~ w V ~O VI t0 ~~ ~ ~ i~r n ~ n n ~~ K ~ moo moo cn µ ~.a, F+• N i? N N ~N ~ ~ ~~ ~ ~ W r N VV1 00 l!i N00 O~ W W v ~ m M F+ N lD r W ~D In to ~us 1n to ~cn to ~vs ~tn ~O V ~D V ~O ~D v O~ A W W V ~ V ~ V W N O V ~ V V V N ~t r ~O O O~ O r O~ r W V W V O O N V O ~O V O~ V1 V ~O r V i~ O W ~G W A In W OD r ~ ~ ~ ~ ~ r tE ~a ~n~ ~r t~~= ~w?F°z ~ *4 ~ ~ t x! `4 ~ a ae ~ K, °0 n ~ o~ro ~~Q~~ ~~~~ ~~~ ~~ rf H ~ B ~~ O ~ O ~ ~ ~ a pr ~ ~; O oae aF a~ a• M ~ rt t'~ O ~ O ~ O' F~+ rt p n ~ ~ ~ p M ~o ~~ 9 rt M ~ ~~~ t0-+ N.~,~D~a ~ ~ H ~ ~ ~ ~ o0 j~ ~o°DO~ q aoo ~~ f+,a '~ cs. (I~ r tF+A W r'1 O ytA 7 ~ b ~ r !j ~ ~ W ft g i a~ ~~'~ ~ O tt '!! ~F.++t~p1 ~ 10 W ppO Of ~ ri O ip W ~ t2 C1 b p~~ W Q1 t7 (D 0- N frtD fP M 1"f M LL rO~D ~ rat p µ `d C i mao~oo~ ~ m M H N fD t7 O K M fD F+ m a ao ~ ~ m opo ~ ~ ~b ~r w 0 a °~.: '* CITY OF CANTON 2ro East cnesrnur, canton, was stszo • Telephone ao~usar-0o2a~ ~4 ... ~: ' Oonaid E. Edwan~, Migbr James H. Malmgren, dyAnwnsy Nancy $. Whttes, Cxy cxrit Clfftord L. Sagaser, Gb Ergli-s~r Patrida A. Wright, city r~sevnr David M. Dorgan. olrec~pr,orAdmM-fahation ' January 9, 1987 ,,. Mr. James B Murray. ~~ Head Assista>lilt Attorney. - Metropoliti$n'Sanitary~District of Greater Chicago 100 East Erie Street Chicago, Illinois `~`0611~ Re: MSD to City. of Canton real estate transaction (Canton prison site) Dear Jim: Pursuant to our telephone conversation of late yesterday morning, enclosed please find the following documents: (1) Four originals of the Amended Agreement; (2) Four replacement pages for page l of the Agreement; (purchase of real estate) and; (3) Four copies of Mr:. Harald Turley's review appraisal. The changes which we discussed have been made fn the text of the enclosed Agreement. After our phone conversation of yesterday morning I talked with Mayor Edwards and he suggested that a replacement page 1 be made which would provide for the first installment of principal to be due on December 31, 1987 which would have the effect of making the last payment due on June 30, 1990. The enclosed replacement page 1 makes those changes. In light of the delays in concluding the transaction it would appear to be Mayor Edward's position that a December, 1.987 first payment date would be in order. Please review the enclosed and advise of your thoughts at your earliest convenience. I shall preliminarily anticipate presenting the Agreement to the Canton City Council for its consideration and action at its egular meeting of January 20, 1987. ncerely, awes Malmgren, City Attorney cc: Mayor= Aldermen ~ cc: Director Leezer; Msrs. Hodgson and Orr, I11. Dept. of Corrections; and, Mr. Jim Joyce, Capital Development Board. ,;:,°.; ~, ~- AGRB~NT This Agreement made and entered into as of this day of 1987, WITNESSETH as follows: 1. Parties: The parties to this Agreement are the City of Canton, an Illinois municipal corporation, with its principal office at 210 E. Chestnut Street, Canton, IL 61520, hereinafter called "Purchaser", and the Metropolitan Sanitary District of Greater Chicago, an Illinois municipal corporation, with its principal office at 100 E. Erie Street, Chicago, IL 60611, hereinafter called "Seller". 2. Subject Matter: The subject matter of this Agreement is the sale to Purchaser by Seller of the real estate set forth in Exhibit A to this Agreement and the purchase by Purchaser from Seller of the real estate set forth in Exhibit A to this Agreement. 3. Purchase Price: The purchase price of the real property set forth in Exhibit A shall be One Hundred Seventy Thousand and no/100 ($170,000.00) Dollars. Seller acknowledges receipt of Fifty Thousand and no/100 Dollars ($50,000.00) from Purchaser on September 26, 1986. The remaining balance of, One Hundred Twenty Thousand and no/100 ($120,000.00) Dollars shall be paid by Purchaser to Seller in semiannual installments of Twenty Thousand and no/100 ($20,000.00) Dollars each with the first such installment to be made on December 31, 1987 and subsequent installments to be made on or before June 30, 1988, December 31, 1988, June 30, 1989, December 31, 1989, and June 30, 1990. Purchaser shall have the right of prepayment at any time. 4. Interest: The principal payments set forth in the foregoing paragraph shall bear interest at the rate of 88 per annum. Such interest shall become due and payable at the same time as the semiannual principal payments. 5. Conveyance: Conveyance by Seller to Purchaser shall be by general Corporate Quit-claim Deed. 6. Proof of Status of Title: Seller shall provide Purchaser with a Commitment to Insure Title in the amount of the purchase c A This Agreement made and entered into as of this day of , 1987, WITNESSETH as follows: 1. Parties; The parties to this Agreement are the City of Canton, an Illinois municipal corporation, with its principal office at 210 E. Chestnut Street,. Canton, IL 61520, hereinafter called "Purchaser", and the Metropolitan Sanitary District of Greater Chicago, an Illinois municipal corporation, with its principal office at 100 E. Erie Street, Chicago, IL 60611, hereinafter called "Seller". 2. Subject Matter: The subject matter of this Agreement is the sale to Purchaser by Seller of the real estate set forth in Exhibit A to this Agreement and the purchase by Purchaser from Seller of the real estate set forth in Exhibit A to this Agreement. 3. Purchase Price: The purchase price of the real property set forth in Exhibit A shall be One Hundred Seventy Thousand and no/100 ($170,000.00) Dollars. Seller acknowledges receipt of Fifty Thousand and no/100 Dollars ($50,000.00) from Purchaser on September 26, 1986. The remaining balance of, One Hundred Twenty Thousand and no/100 ($120,000.00) Dollars shall be paid by Purchaser to Seller in semiannual installments of Twenty Thousand and no/100 ($20,000.00) Dollars each with the first such installment to be made on June 30, 1987 and subsequent installments to be made on or before December 31, 1987, June 30, 1988, December 31, 1988, June 30, 1989, and December 31, 1989. Purchaser shall have the right of prepayment at any time. 4. Interest: The principal payments set forth in the foregoing paragraph shall bear interest at the rate of 8$ per annum. Such interest shall become due and payable at the same time as the semiannual principal payments. 5. Conveyance: Conveyance by Seller to Purchaser shall be by general Corporate Quit-claim Deed. 6. Proof of Status of Title: Seller shall provide Purchaser with a Commitment to Insure Title in the amount of the purchase price to be issued, if possible, by Chicago Title Insurance Company through Fulton County Abstract Company, Lewistown, Illinois. Such Commitment and the Title Policy to be issued shall reflect merchantable title in Seller. All expenses in connection with perfecting title and title insurance shall be paid by the Seller. Seller shall be allowed a reasonable period of time, but not less than 30 days, to cure any defects and to make said title merchantable. 7. Time of Conveyance: Seller shall convey merchantable title to the property set forth in Exhibit A to Purchaser within 30 days of the date of this Agreement. 8. Existing Tenancies: The parties recognize that the subject real property is subject to an existing tenancy created pursuant to Seller's Permit appertaining to Field 151. Seller represents to the Purchaser that Seller, on or about September 30, 1986, gave notice to the Tenant of termination of the tenancy effective December 31, 1986. Purchaser agrees to reimburse the Tenant for any amounts due and owing under said Permit to the Tenant by reason of the termination of said Permit. Further, Purchaser agrees .to save Seller whole and harmless by reason of any claim or action brought by or through said Tenant based upon said Permit and/or its termination. 9. Abatement of Taxes: Seller and Purchaser agree that the real property set forth in Exhibit A is a portion of a larger tract of property which is identified in Exhibit B to this Agreement. Contemporaneously with this Agreement and the sale and purchase of the real property set forth in Exhibit A, Seller agrees to voluntarily petition Purchaser for the annexation and rezoning of all property set forth in Exhibit B into the Corporate Limits of the City of Canton, Illinois. Purchaser agrees, contemporaneously with the passage of any Annexation Ordinance, to abate the City's share of real estate taxes on all of the property set forth in Exhibit B, excepting only the 100 acres identified in Exhibit A. Such abatement shall be for a period of approximately 16~ years; i.e., 20 years from date of July 1, 1983. After seven years from the date of this Agreement, Seller shall have the right to petition purchaser for the disconnection of any property set forth in Exhibit (2) B which has not been either acquired by Purchaser for its corporate purposes, or, which has not been acquired by other developers in or near Purchaser's Enterprise Industrial Park for industrial or economic development/redevelopment purposes. 10. Real Estate Taxes: 1987 general real estate taxes, or, prorata 1987 real estate taxes, as applicable, shall be paid by Seller. The balance of 1987 general real estate taxes, if any, and all subsequent real estate taxes and special assessments shall be paid by Purchaser. 11. Exculpation Clause: Both Seller and Purchaser understand that the real property set forth in Exhibit A is being purchased for ultimate conveyance to the State of Illinois for use by the State of Illinois as the site of a new State Correctional Center. The parties to this Agreement understand that the State of Illinois has certain requirements relative to the quality of real property upon which such correctional centers are located. Satisfaction of some of the requisite State criteria involve the making of test borings and other tests and/or examinations to determine the acceptability of the real property for State construction purposes. Should the State of Illinois determine that the site as set forth in Exhibit A to this Agreement is unacceptable for the location of a State Correctional Facility, then both Seller and Purchaser agree that this Agreement shall be and become a nullity, that Seller shall reimburse to Purchaser all monies paid by Purchaser pursuant to-this Agreement, and that the parties to this Agreement shall reassume their respective positions prior to entering into this Agreement. In the event this Agreement becomes a nullity as provided in this Paragraph 11, Purchaser shall remain liable to Seller for Seller's cancellation costs as provided in the foregoing Paragraph 8. 12. Binding Agreement: This Agreement shall be binding upon each of Seller and Purchaser and upon each of Seller's and. Purchaser's respective successors and assigns. (3) ' IN WITNESS WHEREOF this Agreement has been executed and delivered by each of the Seller and the Purchaser as of the date first above written. CITY OF CANTON ("Purchaser"), an Illinois municipal corporation, BY: Donald E. Edwards, Mayor. ~ ATTEST: Nancy Whites, City Clerk. ~ METROPOLITIAN SANITARY DISTRICT OF GREATER CHICAGO ("Seller"), an Illinois municipal corporation, BY: Chairman, Committee on Finance. ~ ATTEST: Secretary. (4) TRU6~ POINT Ol= I3LLlNNtNLs WEST LINL ~ELTiON 29 Q N W O V N.1K LOR., d W. S/4 OF d EG. 29 /-~3.z~• ILL. STATE RTE. ~ 48.28 3 8943' 41"W ~--- - - 3 89.45' 31" W, 1 V94.74' ~_ j 42.58' 19` H/ ~+8. t30' ~ ~ ~ J 1 J J 3 IO TRACT I 100.000 ACRES ~.w coR., 3.w ya , d 1=L. Z9 3011TH UNE 1 V'Y jEGTiON 29 ~ 9O ~ - - 30.01'28"W, 4.3' 30.07'28• W 4.3' N89.44'45"E x.80. $8' N 84.19' 34" E 3CGTION Z9 IOS.92' LE6 E1~i D o ExIdT. LANL. R/W MARKER p J N ~~ 3LA-lE i"=400' J 89.29' 07" E RA-eluj=9a~. sc' ARL. s 78.99' GHQ. _ ~3 805' 4`3' E 78.9v' Agreement No. Exhibit A, Page 1 ..... , ~- A part of the Southwest Quarter of Section 29 and a part of the Northwest Quarter of Section 32, located in Zbwnship 7 North, Range 4 East of the Fourth Principal Meridian, described as follows: Beginning at the Northwest corner of the Southwest Quarter of Section 29, Township and Range aforesaid, ruining thence N 89°43' 41" E, 73.29 feet; thence South 48.28 feet to an e~cisting ooncrete right-of-way marker, said point being the true point of beginning; thence S 42°58'19" W, 68.80 feet to an existing concrete right-of- way marker; thence following the East right-of-way of County Route 21 A S 0°38'2?" W, 1666.34 feet to an existing concrete right-of- way marker; thence following the arc of a curve to the left a distance of 1371.50 feet, whose chord bears S 44°42'18" E, 1231.50 feet to wn existing concrete right-of-way marker; thence S 0°07'28" W, 4.5 feet; thence N 89°44'45" E, 680.88 feet. to an existing concrete right-of- way marker; thence N 89°19'34" E, 105.92 feet; thence along the arc of a curve to the right a distance of 78.99 feet, whose cord bears S 80°55'49" E, 78.96 feet; thence leaving said right-of~vay of Crnmty Route 21 A N 0°38'27" E, 2611.84 feet to a point on the South right of-way of Illimis State Route 9; thence along said right-of-iaay S 89°45'31" W, 1694.74 feet to the true point of begisming. Said tract containing 100.00 acres. Agreement No.~ Exhibit A, Page 2 ., ' ~ ~ ~~~ _ ~E ~~ s ~d m d 7r~n~ ~ z~~~ ~ ~ Z . ~~ o a ~. 'Yd 3P1]id11iLN9 LiJ a opt ~~ ~. ~ ~ ~ a .w _ _ _ - ¢Z NCIL'7BR 'bit 3F ~ r ~'~ b/I 9F ~N11 11=3M 1 1 Lt ~~ I WZZaNd J 1 K~O+ ~~ Ot..~ ~zy~ ~ ~ ~fi F-' ~ Z ~ o~~ W M1N:f 3. 3~n N~ 3 n ~ • d+~i t ~N. N z"~ ~~~ ~ `' b ~}aN 11 `3r in K 111 ~(J ~ N N S. ~- tt, W ; J ~ brl d ~N V I .~~ end to ~ '~ ~ Q ~ < q o .1 ~~ _ ~o ~ ; ~,~ a$° ~ € ;,~ r~ ~m ~z* 9~ ~ r ix .b4'9901 `M.L2.8tiiAi I '~/-tZ ,lr/Mti91N AlNr1o7 ~N A ~~ 0 z w 1.1 a4 s~~ ~~ ~ ~ ego Qi W .' Tract I Legal Description A part of the Southwest Quarter of Section 29 and a part of the Northwest Quarter of Section 32, located in Taanship 7 North, Range 4 East of the Fourth Principal Meridian, Fulton County, Illinois, described as follows: BegiuuLisyg at the Northwest Darner of the Southwest Quarter of Section 29, Township and Range aforesaid, running thence N 89°43'41" E, 73.29 feet; thence South 48.28 feet to an eacisting,ooncrete right-of-way marker, said point being the true point of beginning; thence S 42°58'19" W, 68.80 feet to an existing concrete right-of~way marker; thence following the East right~f-way of County Route 21 A S 0°38'27" W, 1666.34 feet to an existing concrete right-of-way marker; thence following the arc of a c~uve to the left a cii.stanoe of 1371.50 feet, whose chord bears S 44°42'18" E, 1231.50 feet tD an existing concrete right-of-way marker; thence S 0°07'28" W, 4.5 feet; thence N 89°44'45" E, 680.88 feet to an existing concrete right-of- way marker; thence N 89°19'34" E, 105.92 feet; thence along the arc of a co=ve to the right a distance of 613.03 feet, whose chard bears 3 64°36'47" E, 602.16 feet to an existing concrete right-of-way marker; thence along the arc of a curve to the right a distance of 771.83 feet, whose yard bears S 22°57'09" E, 750.22 feet; thence S 0°37'21" W too a"point an the North right-of-way line of Enterprise Drive; thence leavir:q Camty Highway 21 A and following the North right-of-way line of F~tPrprise Drive in a North easterly directiion to a point on the west line of the Northeast Quarter of the Northeast Quarter of said Section 32; thence following alrn~q the West line of said Quarter quarter section in a Northerly direction tD the South east corner of the Southeast Quarter of the Southeast Quarter of said Section 29; thence Northerly along the West line of the Southeast Quarter of the Southeast Quarter of said Section 29 tD the Southeast corner of the Northwest Quarter of the Southeast Quarter of said Section 29; thence namtiinq in a Northwesterly direction t7a the mast sauttyarly existing cacrrete right of-sway marker located on the West line of the Southeast Quarte~c of said Section 29; thence N O1°56'14" E, 34.33 feet to an existing oooctete right of-way marker; thence alm:q the South right-of~way of Illinois State Route 9 S 89°45'31" W, 2542.35 feet to an eui,sting oo:x-refs right-~f-way marker, said point also being the true point of beginning, said tract containing 243.763 ages mare ar less. Agreement No. Exhibit B, Page 2 "-----._ ~ J Iit1R(~LI) n. Tt'RLF~', SREA, MAI .J~ea~ ~slale ~' raiser PP Mr. David A. Leezer Director Department of Community Development City of Canton 210 East Chestnut Street Canton, Illinois 61520 MEMBER AMERICAN INSTITUTE Of REAL ESTATE APPRAISERS ~ ~ SENIOR REAL ESTATE ANALYST M A 1 SOCIETY OF REAL ESTATE APPRAISERS Ba24 NORTH FROSTWOOD PARKVYAY PEORIA. ILIINOiS 61615 PHONES: OFFICE: e91-8492 RESIDENCE: 243-5432 AREA CODE 309 January 6, 1987 Re: Review of Appraisal of 1001 Acres in Canton Township, Fulton County, Illinois Dear Mr. Leezer: In accordance to your letter request, I have reviewed the narrative appraisal of R. Dennis Tompkins, S.R.A. dated December 10, 1986, of property owned by the Met>;opolitan Sanitary District. This appraiser has made an on-site inspection of the subject property and has inspected the six sales stated in the report. This appraiser has also considered Fulton County industrial and agricultural land sales, which are in his files, in addition to those stated in the report. The review appraiser approves and concurs with the estimate of $170,000.00 or $1,700.00 per acre as of October 14, 1986. Mr. Thompkins did not have any description of the land, only a survey plat being page 014 in the report. On pages 23 and 24 are six sales of comparable land with the reviewer having to look at the assessor's property record card and make his own judgement and comparison of how the sale was to be analyzed. The reviewer would concur that the Market Data or Direct Sales Approach is applicable to the valuation of the subject property. ~,.1. , - ' ~ Lei . t, .1 . '. ~:i . .'!~~ !tit, ,, :'1 ~~ , .~..r~~ Mr. David A. Leezer -2- January 6, 1987 Reviewer's Certification .. r ,. This reviewer cer~tifi~s; the following: ~ ~ ~ ti .. .. 1. He has no direct or indirect past, present or future interest in the .above property. 2. He has no personal interest or bias with respect to the subject matter discussed in the writer's report or the=parties involved. 3. The date of this certification being January 6, 1987. HDT / w Respectfully submitted, Harold D. Turley, S.R.E.A M.A.I. Review Appraiser z r `~ .~ QUALIFICATIONS OF :'HE APPRAISER HAROLD D. TURLEY, SREA,ltAI EDUCATION Bachelor of Science, Bradley University Graduate of American Savings and Loan Institute EXPERIENCE 12 years - Appraiser in Savings and Loan 16 years - Eminent Domain Appraising, • Division of Highways, State of Illinois CLIENTS Federal, State, County and City Agencies, Banks, Insurance Companies, Savings and Loans, Corporations, Attorneys and Individuals DiEMBERSHIP American Institute of Real Estate Appraisers Senior Real Estate Analyst Society of Real Estate Appraisers National Association of Review Appraisers Right-of-Way Association Building Owners and "tanagers Association Peoria Board of Realtors INSTRUCTOR Illinois Central College, Real Estate A ` American Institute of Real Estate AppraPserssing Course lA QUALIFIED WITNESS Peoria, Tazewell, Knox, McDonough and Henderson Counties Illinois Property :'ax Appeals Board The American Institute of Real Estate Anpraisers conducts a voluntary program of continuing education for its designated members. ldAIs ann RMs who meet the minimum standards of this program are awarded periodic educational certification. I am certified under this program through Dece*nber 31, 1989. CITY OF CANTON 210 East Chestnut, Canton, Illinois 61520 • Telephone 309/647-0020 Donald E. Edwards, Mayor Nancy S. Whites, Gyclnk Patricia A. Wright, Cny rnaur.- May 13, 1987 James H. Malmgren, ClyAnon-ay Clifford L. Sagaser, CtryEnginae- David A. Leezer, DiroctorolAdminiahaann CERTIFIED MAIL: RETURN RECEIPT REQUEST N0. P 063 962 581 Mr. Don Zoufal Illinois Department 100 W. Randolph Suite 4-200 Chicago,. IL 60601 of Corrections Re: Proposed Canton prison site CDB Project No. 120-008-001 Dear Don: COO pM Enclosed please find the original Quit-claim Deed running from the City of Canton to the State of Illinois,-Department of Corrections; the original of Attorneys' Title Guaranty Fund Commitment to Insure Title; certified copy of City Resolution No. 1197; and, a copy of Title 8, Chapter 10 of the Canton Municipal Code relating to the water and sewer system. Enclosed materials should provide all information which you had requested. However, should you have further needs or requirements please do not hesitate to contact me. I am sending a copy of this letter together with a duplicate Commitment and copies of all other documents to each of Mr. Authur D. Nordenberg and to Mr. Roy S. Frazier, Jr. I would appreciate receiving a copy of the State's Title Opinion and will need to be advised as of the date and time of filing of the Quit-claim Deed in the Fulton County Land Records. JHM/sh cc: file; Mayor; all Alde Arthur D. Nordenberg; Mr. Roy S. Frazier Encl. S' cerely, ames Malmgren, City Attorney