HomeMy WebLinkAboutResolution #0952
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RESOLUTION N0. 952
A RESOLUTION APPROVING AN '"OFFER TO PURCHASE REAL PROPRETY" AND
DIRECTING THE MAYOR TO EXECUTE THE SAME ON BEHALF OF THE CITY
WHEREAS, the Community and Industrial Development Committee has determined
tnat it is in the best interest of the City of Canton to purchase certain real
property more particularily described in Exhibit "A" hereto attached; and,
WHEREAS, the City Council of the City of Canton, Fulton County, Illinois
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 it is in the best interest of the City of Canton to purchase
certain real property more particularily identified in Exhibit "A" hereto
attached and upon the terms and conditions therein set forth. That said
Exhibit is herein incorporated by reference.
2. That the Mayor of the City of Canton, Fulton County, Illinois is
hereby authorized and directed to execute and deliver an original copy of
said Exhibit to the proposed Sellers therein named.
3. That, upon acceptance of such offers, all City officers are hereby
authorized and instructed to take such other and further actions as may be
reasonably necessary to conclude the purchase in said Exhibit contemplated.
4. That this Resolution shall be effective 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 6th. day of duly 1982, upon a roll
call vote as followa:
AYES: Alderman Horr, Carl, Grant, Sarff, Savill and Kovachevich.
NAYS: None
ABSENT: Alderman Hammond
APPROVED:
Donald E. Edwards, Mayor.
ATTEST:
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ancy Whi es, City C,lnerk~.
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OFFER TO ~;'r ?.~'_", ~^:._~~ ~;~iD 11CCEPTII~;CE
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iO: i no Lstate of Josa~_. ~.:c= _~, C.'~'~',•GJ~d• and, to John Dw
ores};,
Rwtij~o~:d Crandvs "a~ ~- J-- -- d
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L -~ 7 -- -- ~_ _.:, ==' Leo Dc•~ora;;, b~~.inu =~ ~.l
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'-~.-_~. :.. ...~.i~r~l ecca sed, S`~ll~r7.
ih~ Ci ~y of Canton, a -~n_~ _1 co--potation hereinafter called
th= "City", hereby ofi~rs =~ - --=,aJe the real estate owned :~- the
afo=e ten ti oned situated ___ o•. /a _ ~ vn~ t to the City of Canton, yFulton
County, Illinois, descri~=d .s =~_=Ices:
_~
Part of the Souta=st ~_a=ter of Section 26, Township
7 i-iorth, Range 4 ?;s= o. tha Fourth Principal Merdian,
Fulton County, I1-=. c=s, ba;ng more particularily
described as fol=:.~s, o-;tit: Begining at a point
23 feet North o= ~-~~ So::=~,,.est corner of the Southeast
Quarter of the ao=~sa=d Soction 26, said point-also
being on the I~'o_ ~~! rig: t-of-say line of Walnut Street;
thence, North along t_.; rI=_st line of said Southeast
Quarter a distances o ~=~ eet to a point; thence,
East along the `:o=ta. ? ~es o= the Southwest Quarter
of the Southeast Q°:? yes= o said Section 26 a distance
of 25 feet to a :,o?,t; =hence, South along a line
parallel to the Mast.=^_? of said Southeast Quarter
a distance of 6•'0 ==_at =o a point; thence, West along
a line parallel to ~::= Soutn line of said Southeast
Quarter a dista~c= o 2=, f?et to the point of begining,
said tract of gro~,^nd c^, =i n i ng 0.367 acres, more or
less, and all lyin7 i~ _:e aforesaid Southeast Quarter
of Section 26, ^c:;::s i~ 7 ;orth, Range ~ East of the
Fourth Principal `~=c_~, Fulton County, Illinois.
1. Pli?tCii.?SE PRICE AND ~i;SS=SS-~,;';- Tza purchase price shall be
Tcre l-~e .Thousand DollaYs (, ~ _ 2, :, ~ . J 3 } . As part of the considerat-
ion Hereunder the City s?;? :~ =ntitled to possession of the
foregoing tract of land o^ t__a ?te o` closing.. Payment of the
foreyaing purchase prices s?j_ b= iri _ull satisfaction of all
dama;es which ::lay be incu== ~d b_ _ha aforementioned Sellers by
reason pf the City's ara:,:;s.d c~~s=ruction of a public roadway
on so:r.e or all of the abc-~=_ case=ibed real property, If the
fore:;oing offer is acceot`c :~; ~:~ le.s, Sellers hereby covenant
and ac;ree to not make clams o- _-.~ City for other or further
da-za7as by reason of the c;,-s ==-_c =ion and use of the aforesaid
real prop=rty for public =o_c~:a-: _~ur_ooses, negligence on the
part of tha City excepte`.
2. TEP~~!S OP CO`3VEYADICE: ^__ :_= ia-s shall convey by general
t`~arranty daed or Executo='s ..___, Gs the case may be, to the
City a good and merchanta:,_e .=:_ a to the land satisfactory to
the City Attorney, free a_._ ___a= o~' all mineral rights, easements
restrictions, leases, j~:c---=n=s, ,
,.axas, assessments, or other
encu.-.~erances or clouds o- :i=_~, =xisting or inchoate, up to
and including time of c? :;s__ g, _ ; st ar caith all right, title
and interest in and to a-:-: stra.- , roads, avenues, alleys,
alleyways, and rights o= :,~-:, =~_ _~i~g or in any way appertaining
to t e land herein desc=_~ec. ___ : ~elle~s agree at their cost
to prepare and record al? ;_~c~ ~ - o=her evidence of title necessary
in t~:e opinion of the Ci =:• =.____-. _ ~o vest in the City title to
the said land in fee si-:~_: =~s~_ ~=e. The Sellers agree to furnish
to the City, within ten (:~~ ____ _rc-~ the acceptance hereof, such
abstracts, certificates, .._ .,,___ ; :~i once of title as he may have
of resoling the premises to ~. _v---: -
- ~„ The City shall contir_ue
and = ay for the continuat_~_ ~_ _ _
_._ atstract and shall pay for its
eYa-ai *~at; o't of the update=_ . ~s =_ ~ ~ t, iul Sellers shal]- pay for any
costs and =ees incurre ~~ c__~_ __.~iY title.
P,esol ution ~;o. ,
Exhibit A.
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3_ ?_~_'•'~.`~T 0= ~i1?C~LiS ? =-~,- • ~a~~~ez~ of t_he purchase
sc_c_~ied in ?ara^.aph _ ---_ < ~- prig
- y _, =----, _, ;r~.-`no.~.~. interest, steal]. be inacie
u:,o:~ corvev~:~ce to the C.-- - -= tl< to the foregoing real proL.,erty
a::C atioro-,al t'r.eY2oz" h'T ~ ~.~ _~ .-.~.-;~Orney, ~1nC1 ;uch payfnent shall
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be =all ar_d just ccm~e-~s_, __-•-- =~- - ]-1
) ~tC~ ct t U C, t~~
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-_ -._ ~- 1 i ~ __ - 00 - -
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-~ rya y h ~~ e. c> r a ~
~~7 V ~Se
_ _~._~O__ o.: .__.._ .:~OSSc~..~=~` __'_ -.~~~.'J~._iC: Oi thE' ].cnd I)y thi~y~.l~~T
i
:;he ~~ .Y c~ui sii on be _~ _ ----_-=se o r through condemnation
D~'^:~~C:l?''CS ~S ~'1e_"c'.ln-:- _--- .. • -`:.~G.
4 . CO'+DIiIOV OF P.°.OPE~"' =`_' = _`•~?, 0= CITY'S TAKING POSSESSIOi~1:
Loss or da_:-age to the lance o_ ~c_o~rements thereon shall be at
th° . i sk of the Sellers .__.=_ ti `le has been conveyed and possession
been given to t~.e City. __. the eve~?t of loss or damage to the
premises, the City may, a= =ts ;ole option, cancel this agreement
or agree to make ~,rhate-Te= =_d~us=went of the purchase price as may
be acpropriate to comp=_r_sate+f... such loss or damage.
5. SP~E P3ICL OF PRO'_a??a ~ I:; ~,'~;T OF CONDEMNATION PROCEEDINGS:
Ir_ the event that the Ci_-; ~or_s~ders it necessary or advantageous
to its interest to have t^e _o=going described real property
accuired through conde~na_?on ~_oceedings, the Sellers agree that
the price stated in Pa=ag=aph ', above, to be the fair market value
of said real property i_^_c? ~~s=~, __ o= every interest therein; further,
Sellers hereby declares =?__ =o.egoirg fair market value to be
lull and just co:~pensat_c_^_ 1a_~.:.:o? e by the City for the taking of
t?^~e orooerty, and that a. ~,d ?? 1 awards of just compensation to
any and alI other parties sa_= be payable and deductable from said
s~,z_~. The Sellers furt::~= _-=~~ ;zat in the event of the institution
o= condem~-:atior_ proceedi*_gsJ ~.___= ibis offer and acceptance shall
cons _itute and be a sti:.u?=_ __o, o. fact which may be filed in any
s~~ch cond~-~nation proceed2 -' g _ _= the puzpose of fixing the fair
mar ~_t value a~:d just ccm_ esa__on to be paid for the taking of
.the above described rea_ --o-__--:.
6. TI`=F• PERIOD OFFER IS =' :ONCE: This offer shall remain in force
u-~ ti l 3uly 19, 1982 at ~:J o' .x?c P.2•i. Acceptance shall only be
rod' by Sellers delive_in- c. _ausing to be delivered to the City
a :ally and properly exe.u__c d.olicate original hereof. Delivery
sh=_11 be made to the Cit-_: C_e_'<_, City Building,. 210 E. Chestnut
Street, Cantor, Illinois ~1:,2~~. If not accepted as above set forth,
this o=fer shall become nL_ ~_~ void.
7. TP ~S: General real =_s.=_== .axes for the year 1981, payable in
2982 shall. be paid by S='_le=. Ge-jeral real estate taxes for the
year 1982, payable in ? 93~, spa" be prorated between Sellers and
the City based upon da_,•s c. :~ss~ssion during 1982. The actual tax
rate shall be used, if %-c;;_.; __ ^ot known, proration shall be upon
the basis of taxes Iasi _-~=__d. _= requested by the City, Sellers
shall deliver to the Cit _._ .=_st oaid real estate tax bill.
8. D JL'CTIO~iS FRO'•! PU~^.=_S? ? -CE• At the time of closing, sums
rta•_: be deducted from the _ __..__=s= price by the City for the payment
of :.axes azd liens to cc-~_ __ :~:=h tb~e foregoing requirements.
9. upon acceptance or t__= _:,==going offer by Sellers, these presents
sha' 1 b'c;;-ze a bindir_g a~=.=.~___: bet:aeen the Sellers and the City,
th°?= belts, eXecutorS, ~.____~_s=-atorS, assigns, and SUCCesSOrS in
i-~te_est. HO°~t2Ver, th_s o_=Y .s subject to the City obtaining all
ir_t=rests, ircludirg le_s_~o=ds, in the above described property.
In o :ray shah this o. =e= b= ~-ndi~g upon the City unless and until
it ^as siy:~ed 0=_ers to ~ _ :: :ts _cossession from all parties and
tA~:ants i-! interest.
10. zll r_otices ar_d Ce-_-ds __ _~i red hereunder shall be in writing.
:•`.aii:~g o= notice by ce___-__cv--ail shall be sui~.ficient proof of
S°.':iCe O n0t1C°.
P.~sol~tion .;o.
Ex.n i of t A.
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Execc:ted in duplicate o=i~_na~ ~~ Ca^`cn, zllinois this day of_
July, 1982. ~ l - L
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~__? C= ^:.~~,T~~i, ~ rntmi_ripal corporation,
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ATTEST:
J
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~:.naid E. Edwards, Mayor.
City Clerk.
A C C =. ? TAN C E
The foregoing Offer to Buy is e=2hy accepted upon the foregoing terms
and conditions this da°~ o J~ily, 1982.
(John Dworak)
(?~`arion Dc•~orakj
Estat@ of Joseph Dworak, c~~~~s~~,
BY: ,
personal representative, d_11
authorized..
(Raymond Grandys)
(Leo Dworak)
-3 ___.: ? ~st-
Resolution .;o . ,
Exhibit A.