HomeMy WebLinkAboutResolution #0941
RESOLUTION NO. 941
A RESOLUTION APPROVING CERTAIN "OFFERS TO PURCHASE REAL PROPERTY"
AND DIRECTING THE MAYOR TO EXECUTE THE SAME ON BEHALF OF THE CITY
WHEREAS, the Community and Industrial Development Committee has
determined that it is in the best interest of the City of Canton to
purchase certain real property more particularily described in
Exhibits "A" and "B" 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
Exhibits "A" and "B" hereto attached and upon the terms and
conditions therein set forth. That said Exhibits are 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
original copies of said Exhibits 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 purchases
in said Exhibits 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 18th day of May ,
1982, upon a roll call vote as follows:
AYES• Aldermen Horr, Clarke, Carl, Grant, Sarff, Savill, Kovachevich.
NAYS: None.
ABSENT • Alderman Hammond.
APPROVED;
Donald E. Edwards, Mayor.
ATTEST:
ncy W tes, City Clerk.
OFk~ it7 ~~SE P~r,AL PROPER'T'Y
Elmer M. Riley and I. P~uth - - -
~: Riley, husband and wife ~ hereinafter designated as "Seller".
The Czty-of .Canton,-;a-'~i~z_...~ ~-~oration,~ 3iereinaft~r called -the -
"City", hereby offers to purchase the real estate owned by the under-
signed Seller situated in the Cit:T of Canton, Fulton County, State of
Illinois, described as follc~=s:
The South Half of Lot :=6, e~;cept the westerly 71 feet
of even width and the South Half of Lot 4~7, all being
in Block 1 of Anderson's first Addition to the City
of Canton, Fulton County, Illinois.
1. PURCHASE PRICE AND FMS-SS1S:. The purchase price shall be Fifteen
Thousand dollars (S 15,000.00 ~ p~ of the
consideration hereunder the Citti' wall be entitled to
possession of the
entire tract of land herein described on or before -date of closing
and shall have the right to use ~i!e land and construct thereon any and all
improvement contemplated uo~.t~tanding payment may not have been made for
the land nor title thereto rran:-e_ ~ to the City.
2. TERMS OF CQVVEYANCE. ~e ~-ller shall convey by jliarranty Deed to the
City a good and merchantable ti-1e to the land satisfactory to the Attorney
for the City, free and clear or a.?1 msneral rights, easements, restrictions,
leases, judgements, taxes, a_nd a`sess<nents, existing or inchoate, liens or
encumbrances of any sort at t~~ r,:_==-e of payment by the City of the purchase
price, together ~irlth all ri^~t, title and interest in and to any street,
roads, avenues, alleys, a? le.:•.a: ~ , and rights of way, abutting or in anytivise
appertaining to the land herein 4_s;:ribed. The ~~ agrees at their expense
to pay the cost of prepa_~-azie~? =^.~. recording all deeds or other evidence of
title necessary in the opinion: o= the Attorney for the City to vest in the
City a tialid and satisfacto=-- t? -e to the land. The Seller agrees to
furnish to the City, witi~~ tee: %-0) days from the date hereof, such abstracts,
certificates, or other e~~d=~:= ~~' title as he may have affecting the premises
to be transferred to the Cit.°. =:e City shall continue and pay for the
Abstract of Title and e~.-~a=icn cr title at its expense but the Seller
shall pay for the costs and f~-_ _nrurred to clear their title.
3, PAYtt~VT OF PRICE. Pac:-Ent of tae purchase price specified in Paragraph
1 (but «d.thout any interest tiler=gin) shall be made upon conveyance to the
City of title to the land a^d a_-;pro:al thereof by the Attorney for the City,
and shall by full and just co~_r.~-~sation for all obligations of the City
hereunder and all claims rh=ch T^~e 5?ller may have or assert by reason of
the possession or occupancy o -c:e land by the City, whether acquisition be
by direct purchase or thro~a~: cL-:c~nation proceedings as provided in
Paragraph 5 hereof.
[Fesolution No. q~l ,
Exhibit "A")
~_~
4. OCri~ZTICSV' OF PP.OP'~~' AT TI~~ OF CITY'S TAKLhTG POSSESSION. Loss or damage
to the land or irproveTMents there-on sha],l be at the risk of the Seller until
possession thereof has been surrendered, or until title thereto has been
conveyed to the City, cryhichever occurs first, and in the event of any loss
or dares je to said lard, or i*:;nroc~nts, _prior to such surrender.. of -possessio~i
or conveSance of title, as the case may be, the City may, at its option, cancel
the contract created by the acceptance of this offer or agree to make ~fiat-
ever adjustment of the purchase price that may be appropriate to cover any
such loss. or dara.~?e .
5. S_~L PRICE OF P~~=?"± F L` E5,'~,I' Og (~k~TDIl~~~TATION P~CF~INGS . In the
event that the City considers it necessary or advantageous to its interest
to have the land acquired through condemnation proceedings, the Seller agrees
that the price stated in Paragraph 1, which he hereby declares to be the
fair market ~ alue of the real estate inclusive of every interest therein,
shall be frill and just compensation payable by the City for the taking of
the property, and that ans and all awards of just compensation to any and
all other parties shall be payable and dec?~.ctible from said sum. The Seller
further agrees in the event of the institution of condemnation proceedings
that this offer and the acceptance thereof shall consitute and be a stibu-
lation ctihich rray be filed in such condemnation proceedings fixing the fair
market value and just ccc~-nsation to be paid fox the taking thereof in the
a.^~ount of the contract pri;z herein set forth.
6. TI?~ Pt`l. ?IOD OFFS? IS ~; I'0~' . If this offer is not accepted by the
Seller on or before :`ay 31, 1982 it shall become
null and void.
7. TAXES. The general t=~xrs for the year 1981, payable in the year 1982 ,
and all unpaid taxes scr prior years, shall be paid by the Seller. The
general taxes for the rear 1982 parable in the year .1983, shall be pro-
rated from _January 1, 1982, to date of payment of the purchase price.
Othert:dse, the proration s_?..~ 1 be based on the most recent ascertainable taxes.
If requested br the City, tie Seller agrees to deliver the last paid real
estate tax bill to the City.
8. D~L:CTIC?'~S ~*.t P-i.~,,,ri=~ pR.ICE. If is agrees at the time of settlement,
funds for the purchase price r_~y be used to pay taxes and other liens to
comply with the above recrui_rzments, same to be handled under the supervision
of the Department of Cc~:r~aaity Develop!nent of the City and legal representa-
tive of the Citr, as a.a_n~s, and subject to the approval of the Attorney for
the City on title questions involving and needed to produce merchantable
title.
r}..
9. tipon acceptance of this of-er by Seller, it shall become a binding
contract between the parties hereto, and their heirs, executors, adminis-tra,
tors, assigns, and successors in interest. However, this offer is subject
to the City obtaining all interests, including leaseholds, in the above-
cescribed property. In no ec~~ ~ s~a1 this offer be bincling on -the- City
unless and until it has side-ci Oifers to Buy from all other parties and
tenants interested iri the abore~-cescribed property.
10. X11 notices and demands herein required shall be in writing. The
ailing of a notice by cerzifie~ ~~il to the Seller shall be sufficient
ser~Tice thereof .
Executed in duplicate at C_~~~'Qti, I'1Z,II~'OIS, this j9~ day of
~iay 19 82 .
CITY OF CANI'OY, ILLINOIS
BY:
DO~vALD E . IDWAFD-S, 1~1AYOR
30C--a; '•;CE OF OFFER
ine foreoroing Offer to p~.~rcha.se cal property is hereby accepted this
day of 19 upon the foregoing terms
and corait ions .
SELI~i.
~~,--
..
O_tr~' ~ PUR~LASE HEAL, PROPEI~1'Y
/not remarried,
TO: John Marinich, a widower ,hereinafter designated as "Seller".
The Gitp of Canton, a `"uniclp~:l Cr~rpprat~i.on, hereinafter called the
"City", hereby offers to p*~.rchase the real estate owned bq the under-
signed Seller situated in tha City of Canton, Fulton County, State of
Illinois, described as follo:-s:
Lot Number Sixty-eight (68) in Barnes
and Jones Addition to the City of
Canton, Fulton County, Illinois.
1. Pr-.T:'tCIIA~E PRICE A'~ POS. =SSIOV The purchase ri h 11 b Ten
Thousand Five Hundred
._. p ce s a e
dollars (~ 10,500.00 ), ~ p~ of the
consideration hereunder the City shall be entitled to possession of the
entire tract of land herein described on or before ~ ~ date of closing
and shall have the right to use the land and construct thereon any and all
improvement contemplated no~:thstanding payment may not have been made for
the land nor title thereto c~n-~~eted to the City.
2. TEH:LbS CiF CQWE'YA\CE. ~a Seller shall convey by ~4arranty Deed to the
City a good and merchantable title to the land satisfactory to the Attorney
for the City, free and clear or all mineral rights, easements, restrictions,
leases, judgements, taxes, and assessments, existing or inchoate, liens or
encumbrances of any sort at tae date of payment by the City of the purchase
price, together Frith all right, title and interest in and to any street,
roads, avenues, alleys, alle~a~~s, and rights of way, abutting or in anywise
appertaining to the land herein described. The- Ci,b~, agrees at their expense
to pay the cast of preparat?on and recording all deeds or other evidence of
title necessary in the opinion of the Attorney :for the City to vest in the
City a valid and satisfacto_: title to the land. The Seller agrees to
furnish to the City, c,ithin ten (_10) days from the date hereof, such abstracts,
certificates, or other eric~.:::e of title as he may have affecting the premises
to be transferred to the C1~C. The City shall continue and pay for the
Abstract of Title and exa.^y-~ation of title at its expense but the Seller
shall pay for the costs and fps incurred to clear their title.
3, PAY1~PI' OF PRICE. Pa~r-,ent of the purchase price specified in Paragraph
1 (but without" any interest thereon) shall be made upon conveyance to the
City of title to the land and a_nproval thereof by the Attorney for the City,
and shall by full and just ~..nsation for all obligations of the City
hereunder and all clams ~hzch the Seller may have or assert by reason of
the possession or occupancc of the land by the City, whether acquisition be
by direct purchase or thso~anh condFrnnation proceedings as provided in
Paragraph 5 hereof.
[Resolution No. q`F~ ,
Exhibit "B"]
,. ~:'
4. CC{y~DITIO~I OF PP,OPTP_Z'`i ~T TI'.fE OF CITY'S TAKING POSSESSION.
Loss or damage
to the land or im}~roven-,ents thereon shall be at the risk of the Seller until
possession thereof has been surrendered, or until title thereto has been
conveyed to the City, ctihichever occurs first, and in the event of any loss
or dama.g-e to said land, or i~:pzvvements, prior to such surrender of possession
or conveyance of title, as the case may be, the City may, at its option, cancel
the contract created by the acceptance of this offer or agree to make what-
ever adjustment of the purchase price that may be appropriate to cover any
such loss or dama=ge.
5.
S_A,LE FJRICE OF P_ROP~''L'F Lti EL~~I' OF CX?VDEP~TATIOIV P~C~EDINGS .
_ In the
event that the City considers it necessary or advantageous to its interest
to have the land acquired through condemnation proceedings, the Seller agrees
that the price stated in Paraa¢raph 1, vfiich he hereby declares to be the
fair market value of the real estate inclusive of every interest therein,
shall be full and just compensation payable by the City for the taking of
the property, and that ans and all awards of just canpensation to any and
all other parties shall be payable and deductible from said sum. The Seller
further agrees in the event of the institution of condemnation proceedings
that this offer and the acceptance thereof shall consitute and be a stipu~
lation t~hich may be filed in such condemnation proceedings fixing the fair
narket value and just cor~nsation to be paid for the taking thereof in the
amount of the contract price herein set forth.
6. TI'~iE PERIOD OFFER IS Lti FORS. If this offer is not accepted by the
Seller on or before May 31, 1982
it shall become
null and void.
7. TAXES. The general ta_~es for the year 1981 payable in the year 1982
and all unpaid taxes for prior sears, shall be paid by the Seller. The
general taxes for the yea~~ 1982 payable in the year 1983 shall be pro-
rated from Januarti_l,, 1982 to date of payment of the purchase price.
Otherwise, the proration sr:~11 be based on the most recent ascertainable taxes.
If requested by the City, tae Seller agrees to deliver the last paid real
estate tax bill to the Cl~C.
8. DIDL;G'I'IC3~TS FROM PL~L~~ PRICE. If is agrees at the time of settlement,
funds for the purchase price n~ay be used to pay taxes and other liens to
comply with the above recr1ir~ents, same to be handled under the supervision
of the Department of Cc~:runitj- Development of the City and legal representa-
tive of the City, as agents, and subject to the approval of the Attorney for
the City on title questions involving and needed to produce merchantable
title.
_ _ _
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9. Upon acceptance of this offer by Seller, it shall become a binding
contract between the parties hereto, and their heirs, executors, achninistra-
tors, assigns, and successors in interest. Hrnvever, this offer is subject
to the City obtaining all interests, including leaseholds, in the above-~
described property. In no event shal this-offer be binding on the City
unless and until it has signed Offers to Buy from all other parties and
tenants interested in the abo~-e-described property.
10. All notices and demands herein requixed shall be in writing. The
mailing of a notice by certified mail to the Seller shall be sufficient
service thereof.
Executed in duplicate at C_~`~ti, ILLINOIS, this / 4 ~- day of
Ma.Y_ , 19~_.
CITY OF CANTCi~I, ILLINOIS
BY: ~~ Q
DONALD E. EDWARDS, MAYOR
AOGTFrA\TCE OF OF'.FER
The foregoing Offer to purchase real property is hereby accepted this
day of 19 upon the foregoing terms
and conditions.
~~