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HomeMy WebLinkAboutResolution #1196RESOLUTION NO. 1 1 9 ~~ A RESOLUTION APPROVING A COMPROMISE AND S~T~~~'i' AGREEN~]T BETWEEN THE CITY OF CANTON, U.S.F. & G. AND PAULINE THREW AND DIRECTING THE MAYOR AND CITY CLERK TO EXFCUT'E AND DELIVER SAID AGR ON BEHALF OF THE CITY OF CANTON, ILLINOIS. WHEREAS, the City of Canton has reviewed the proposed Compromise and Settlement Agreement, a copy of which is hereto attached and made a part hereof as Exhibit "A"; and, WHEREAS, the Canton City Council has determined that it is desireable and in the best interest of the City of Canton to approve said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois as follows: 1. That the Compromise and Settlement Agreement between the City of Canton, U.S.F. & G. and Pauline Threw, which is attached hereto and made a part hereof as Exhibit "A", is hereby approved. 2. That the Mayor and City Clerk are hereby authorized and directed to execute and deliver said Compromise and Settlement 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, Fulton County, Illinois and approval by the Mayor thereof. PASSID by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 8th day of ~p r.il , 1987, upon a roll call vote as follows: AYES. Aldermen Kovachevich, Zilly, Steck, Sarff, Workman, Bohl~er, May, Chapman. NAYS: None. ABSENT: None . APPROVED: //~f ~~, nald E . dwards, D4ayor ATTEST: ~I Nan White ,City Clerk ,,~ ' C COIKPROMISB AND SLr'PTLEMBNT AGRBBMSNT ~ ' This Compromise and Settlement Agreement entered into as of this ___L- day of 1987, between the City of Canton, an Illinois municipal corporation, hereinafter called "City", U.S.F. & G., hereinafter called "Second Party", and Pauline Threw, hereinafter called "Third Party", WITNESSETH: WHEREAS, Third Party has filed suit against the City generally alledging breach of contract on the City's part with respect to an alledged easement running over and across certain real property solely owned by Third Party and identified in the plat attached to this Agreement; and, WHEREAS, the City denies ownership of or any legal responsibility for the alledged easement and improvements relating thereto; and, WHEREAS, Second Party, as the City's insurance carrier, has undertaken the City's defense in the foregoing matter; and, yWHEREAS, it is the desire of each of the City, Second Party, and Third Party to settle this controversey without further court proceedings and to provide for the absolute and complete ownership of said alledged easement and all improvements relating thereto in Third Party and in Third Party's successor(s) in title. NOW, THEREFORE, in consideration of the mutual covenants set forth below, the City, Second Party, and Third Party agree as follows: 1. The City will replace existing underground the from point E to point G on the attached plat with eight (8) inch plastic pipe; ` . 2. The City will repair and/or replace, as necessary, a concrete headwall and wings generally located at or near point G on the attached plat. 3. The City will back-fill areas of erosion from point E' to point G on the attached plat with dirt to existing grade and will level same; that is, from the general area of an existing fence at or near Point E' to the area of the existing headwall at or near Point G; 4. The City will remove the 2 or 3 trees located at or near point G on the attached plat; 5. Upon completion of the foregoing, the City will convey to Third Party and Third Party will accept the City's conveyance of all of the City's right, title, or interest in and to the alledged easement and all improvements relating thereto from point A to point G on the attached plat. Such conveyance shall be filed of record by the City with the Fulton County (Illinois) Recorder of Deeds'; 6. Upon completion of all of the foregoing, Second Party shall pay to Third Party the sum of $2,500.00 as. full and complete payment to Third Party of the balance of Third Party's attorney fees herein and hereby incurred by Third Party. -2- .ble for seeding the fill and nom and to point F and point make a good faith effort to later than July 1, 1987. ?yond the City's control, full not expected to extend, d Party stipulate as follows: .greement shall bind the City, 'h our respective heirs, and assigns. This Compromise to the benefit of each of the Zd each of their respective ~cessors and assigns; still ~:tlement Agreement shall inure :end Second Party's officers, present, or, future. City and Second Party, their eby releases all of said City's yes, and agents, whether past, .1 claims and causes of action ~y have, or that any person 'e or claim to have, against the ors and assigns, or, against any 'icers, employees, or, agents, 3sed upon or arising in any way is successors and assigns, hereby Second Party, their successors and ill cease and desist from suing or ~d Party, their successors and assigns, and Party's officers, employees, or, or future, for any claim or demand s, or may have, or that any person day have or claim to have, based upon ~n, against the City or Second Party, or, against any of said City's or yees, or agents, whether past, ement Agreement is intended to ~gations of the City, of Second Party, ct to the above transaction. To ty, Second Party and Third Party ~d easement is hereby rescinded and as if it had never been created. ~ment Agreement is entered into by ~rd Party solely for the purpose of ors in dispute as above set forth. _ 11 it be construed as, any admission y, or Third Party of the truth or -4- Both the City, Second Party, and Third Party realize that the facts on which the foregoing Compromise and Settlement Agreement is based may hereafter turn out to be other than or different from the facts in that connection now known by the City, Second Party, or Third Party, or believed by them to be true. The City, Second Party, and Third Party each expressly accepts and assumes the risk of the facts so turning out to be different, and each of the City, Second Party, and Third Party agrees that the foregoing Compromise and Settlement Agreement shall be in all respects effective and not subject to termination, rescinssion, or modification by reason of any such change in fact. Executed in triplicate original by the City, Second Party, and Third Party as of the day and date first above written. CITY OF CANTON, an Illinois SECOND PARTY, U.S.F. & G., municipal corporation, by: by: onald E. Edwards, Mayor Its Agent, Duly Authorized. ATTEST: THIRD PARTY, Na y Wh tes, City Clerk (Pauline Threw) T~ -5- ~,. ~; .. ~, .~ :_. =- `- ~'^'~;~ f~~ ., S~ J ~ ~ LLARENLE TNREW PROPERTY LOGATE~ IN TKE NE ~/4 OF ~EGTI0l~1 35, T7 N., R.4E OF THE 4T-" PM. ENE LOR. SEC. 35 ' T7N,R4E,4T-'~ PM. .~" ~ t ~ ~ ~ ~ ~ East ~ Walnut..__~treet' -r ~.~ ~~ r ~. -~. ~ ._..'- w ~ ~- ~ o in t A __r,_1 ~t ~ ." T ~. 0 N 1 N. ~t ~ EXIST. 8` ~ b" FIELD TILE / P t ~' l28't t E ~9 Pt E' ~~ Pt 'P •~ • Pt G • H~A~WAIL >;a ~fi Li R n ~+. ~ ~ r.. ~~. .~. .~ ter. ~ ~ ~ ~ C co~RO~us$ ~ ss~~'r ~ This Compromise and Settlement Agreement entered into as of this gth day of April , 1987, between the City of Canton, an Illinois municipal corporation, hereinafter called "City", U.S.F. & G., hereinafter called "Second Party", and Pauline Threw, hereinafter called "Third Party", WITNESSETH: WHEREAS, Third Party has filed suit against the City generally alledging breach of contract on the City's part with respect to an alledged easement running over and across certain real property solely owned by Third Party and identified in the plat attached to this Agreement; and, WHEREAS, the City denies ownership of or any legal responsibility for the alledged easement and improvements relating thereto; and, WHEREAS, Second Party, as the City's insurance carrier, has undertaken the City's defense in the foregoing matter; and, WHEREAS, it is the desire of each of the City, Second Party, and Third Party to settle this controversey without further court proceedings and to provide for the absolute and complete ownership of said alledged easement and all improvements relating thereto in Third Party and in Third Party's successor(s) in title. NOW, THEREFORE, in consideration of the mutual covenants set forth below, the City, Second Party, and Third Party agree as follows: 1. The City will replace existing underground the from point E to point G on the attached plat with eight (8) inch plastic pipe; 2. The City will repair and/or replace, as necessary, a concrete headwall and wings generally located at or near point G on the attached plat. 3. The City will back-fill areas of erosion from point E' to point G on the attached plat with dirt to existing grade and will level same; that is, from the general area of an existing fence at or near Point E' to the area of the existing headwall at or near Point G; 4. The City will remove the 2 or 3 trees located at or near point G on the attached plat; 5. Upon completion of the foregoing, the City will convey to Third Party and Third Party will accept the City's conveyance of all of the City's right, title, or interest in and to the alledged easement and all improvements relating thereto from point A to point G on the attached plat. Such conveyance shall be filed of record by the City with the Fulton County (Illinois) Recorder of Deeds; 6. Upon completion of all of the foregoing, Second Party shall pay to Third Party the sum of $2,500.00 as full and complete payment to Third Party of the balance of Third Party's attorney fees herein and hereby incurred by Third Party. -2- 7. Third Party shall be responsible for seeding the fill and construction areas in or near, and, from and to point F and point G on the attached plat. 8. City represents that it will make a good faith effort to complete its obligations hereunder not later than July 1, 1987. All parties agree that, for reasons beyond the City's control, full performance by City may extend, but is not expected to extend, beyond July 1, 1987. The City, Second Party, and Third Party stipulate as follows: This Compromise and Settlement Agreement shall bind the City, Second Party, and Third Party and each our respective heirs, executors, administrators, successors and assigns. This Compromise and Settlement Agreement shall inure to the benefit of each of the City, Second Party and Third Party and each of their respective heirs, executors, administrators, successors and assigns; still further, that this Compromise and Settlement Agreement shall inure to the benefit of all of the City's and Second Party's officers, employees, or agents, whether, past, present, or, future. Third Party hereby releases the City and Second Party, their successors and assigns, and also hereby releases all of said City's and Second Party's officers, employees, and agents, whether past, present, or, future, from any and all claims and causes of action that Third Party had, now has, or may have, or that any person claiming through Third Party may have or claim to have, against the City or Second Party, their successors and assigns, or, against any of said City's or Second Party's officers, employees, or, agents, whether past, present, or, future based upon or arising in any way from the above described transaction. -3- Third Party, for its, its successors and assigns, hereby covenants with the City and Second Party, their successors and assigns, that Third Party shall cease and desist from suing or prosecuting the City or Second Party, their successors and assigns, or, any of said City's or Second Party's officers, employees, or, agents, whether past, present, or future, for any claim or demand which Third Party had, now has, or may have, or that any person claiming through Third Party may have or claim to have, based upon the above described transaction, against the City or Second Party, their successors and assigns, or, against any of said City's or Second Party's officers, employees, or agents, whether past, present, or, future. This Compromise and Settlement Agreement is intended to extinguish all rights and obligations of the City, of Second Party, and of Third Party, with respect to the above transaction. To accomplish that result, the City, Second Party and Third Party hereby declare that the alledged easement is hereby rescinded and shall have no more effect than as if it had never been created. This Compromise and Settlement Agreement is entered into by the City, Second Party, and Third Party solely for the purpose of compromising and settling matters in dispute as above set forth. It does not constitute, nor shall it be construed as, any admission by either the City, Second Party, or Third Party of the truth or validity of any claims asserted. -4- Both the City, Second Party, and Third Party realize that the facts on which the foregoing Compromise and Settlement Agreement is based may hereafter turn out to be other than or different from the facts in that connection now known by the City, Second Party, or Third Party, or believed by them to be true. The City, Second Party, and Third Party each expressly accepts and assumes the risk of the facts so turning out to be different, and each of the City, Second Party, and Third Party agrees that the foregoing Compromise and Settlement Agreement shall be in all respects effective and not subject to termination, rescinssion, or modification by reason of any such change in fact. Executed in triplicate original by the City, Second Party, and Third Party as of the day and date first above written. CITY OF CANTON, an Illinois municipal corporation, by: SECOND PARTY, U.S.F. & G., by: Donald E. Edwards, Mayor ATTEST: Nancy Whites, City Clerk Its Agent, Duly Authorized. ~ THIRD PARTY, (Pauline Threw) ~ -5- LLARENLE THREW PROPERTY LOGATE~ IN T~tE . NE ~/4 OF ~ELT14Pl 35, T~ N., R.4E OF THE 4T-" PM. '~ ~ NE COR. DEL. 35 T7N~R4E~4T-'.! PM. ' r ~ Eajt Walnut treef' i..I ---~-mss..-~ ~'~ - oint A ~t ." T -- _ r" .. 0 Pt EXIT. S` ~ b" FIELD TILE •~ J \,P t '• - t E Pt E'~~ . , ~ ~, Pt G H~A~WAII. •~ w~. ~, • ~ Fa~fi Li rc n ~+. L~ . .~..... ..~~ .~C