HomeMy WebLinkAboutOrdinance#4254r
ORDINANCE #4254
AN ORDINANCE AUTHORIZING THE SALE OF ALL OR PART OF LOTS 12-20 OF
OLD BEACH ADDITION SUBDIVSION AND REJECTING REMAINING BIDS
ADOPTED BY THE CITY COUNCIL OF THE CITY OF CANTON ILLINOIS:
AUGUST 17, 2021
PUBLISHED BY THE CITY CLERK PURSUANT TO THE AUTHORITY OF THE CITY
COUNCIL OF THE CITY OF CANTON:
AUGUST 17, 2021
STATE OF ILLINOIS )
) SS.
COUNTY OF FULTON )
CERTIFICATE
I, Diana Pavley-Rock, certify that I am the duly elected City Clerk of
the CITY OF CANTON, FULTON COUNTY, ILLINOIS.
I further certify that on August 17,2021 , the City Council of such
municipality passed and approved Ordinance #4254 entitled:
AN ORDINANCE AUTHORIZING THE SALE OF ALL OR PART OF LOTS 12-20 OF
OLD BEACH ADDITION SUBDIVSION AND REJECTING REMAINING BIDS
The ordinance attached is a true and correct copy of the ordinance adopted by Canton
City Council.
DATED AT CANTON, ILLINOIS, THI 7 DA OF AUGUST 2021
Seal City of Canton, Illinois
ORDINANCE NO. 4254
AN ORDINANCE AUTHORIZING THE SALE OF ALL OR PART OF LOTS 12-20
OF OLD BEACH ADDITION SUBDIVISION AND REJECTING REMAINING BIDS
WHEREAS, the City of Canton, Fulton County, Illinois ("City"), is a non-home rule unit
of government;
WHEREAS, Section 11-76-2 of the Illinois Municipal Code (65 ILCS 5/11-76-2)
provides, in part:
An ordinance directing a sale, or a lease of real estate for any term in excess of 20 years,
shall specify the location of the real estate,the use thereof,and such conditions with respect
to further use of the real estate as the corporate authorities may deem necessary and
desirable to the public interest. Before the corporate authorities of a city or village make a
sale, by virtue of such an ordinance, notice of the proposal to sell shall be published once
each week for 3 successive weeks in a daily or weekly paper published in the city or village,
or if there is none, then in some paper published in the county in which the city or village
is located. The first publication shall be not less than 30 days before the day provided in
the notice for the opening of bids for the real estate. The notice shall contain an accurate
description of the property, state the purpose for which it is used and at what meeting the
bids will be considered and opened,and shall advertise for bids therefor.All such bids shall
be opened only at a regular meeting of the corporate authorities. The corporate authorities
may accept the high bid or any other bid determined to be in the best interest of the city or
village by a vote of 3/4 of the corporate authorities then holding office, but by a majority
vote of those holding office,they may reject any and all bids. The consideration for such a
sale may include but need not be limited to the provision of off-street parking facilities by
the purchaser, which parking facilities may be made part of the municipal parking system.
Such consideration also may include the provision of other public facilities by the
purchaser.
WHEREAS, the City currently owns real estate described as: Lots 1-20 of Old Beach
Addition, a subdivision of a part of the northeast quarter of Section 30, Township 7 North, Range
5 East of the Fourth Principal Meridian, Fulton County Illinois, as set forth in the plat recorded in
the Recorder's Office of Fulton County, Illinois, as Document No. 1778527, containing 11.378
acres, more or less (hereinafter"Old Beach Addition");
WHEREAS, the corporate authorities, by Resolution No. 5317, determined that Lots 12-
20 of Old Beach Addition (the "Subject Property") are no longer necessary, appropriate, required
for the use of, profitable to, or for the best interests of the City;
WHEREAS, the corporate authorities, by this Ordinance, have determined that Lots 12-
20 of Old Beach Addition continue to be no longer necessary, appropriate, required for the use of,
profitable to, or for the best interests of the City;
WHEREAS, pursuant to Resolution No. 5317, the City authorized notice of the proposal
to sell all or part of the Subject Property (the "Notice");
WHEREAS, the Notice was published in the Fulton County Democrat, a newspaper
published in the county where the City is located once per week for three (3) successive weeks;
WHEREAS, a Certificate of Publication in regards to the publishing of the Notice is
attached a hed hereto as Exhibit A"•
WHEREAS, the first publication of the Notice was not less than thirty (30) days before
the opening of the bids for the Subject Property;
WHEREAS,the bids were opened at the regular meeting of the corporate authorities held
on June 15, 2021 at 6:30 p.m.;
WHEREAS,the City received three (3)bids from the following persons or entities for all
or part of the Subject Property:
(1) John and Gloria Davis Land Trust;
(2) Royce Jones and Jed Rhoades; and
(3) Roger Strode and Donna Strode.
WHEREAS, on July 6, 2021, the Committee on Lakes, Buildings and Grounds reviewed
the bids received and voted to send the bids to Council without any recommendation;
WHEREAS,the corporate authorities have determined that it is in the best interests of the
City to accept the bid from John and Gloria Davis Land Trust to purchase all or part of the Subject
Property for residential purposes;
WHEREAS,the description for the Subject Property is attached hereto as "Exhibit B."
NOW, THEREFORE, BE IT ORDAINED THE CITY COUNCIL OF THE CITY OF
CANTON, FULTON COUNTY, ILLINOIS AS FOLLOWS:
1. The City hereby finds as fact the recitals set forth above and incorporates said recitals
herein as though fully set forth.
2. The bid from the John W. and Gloria D. Davis Land Trust Number 1, attached hereto as
"Exhibit C," is hereby ACCEPTED to sell the Subject Property to John W. and Gloria D.
Davis Land Trust Number 1 for the purchase price of$26,000.00, subject to terms and
conditions of the Real Estate Sale Agreement substantially in the form attached hereto as
"Exhibit D."
3. The use of the Subject Property shall be for residential purposes only.
4. The City Attorney is hereby authorized to make any edits deemed necessary to the Real
Estate Sale Agreement, upon approval of the Mayor, provided that the sale price of the
Subject Property being sold hereunder is not decreased, except for credits or prorations
deducted at closing per the terms and conditions of the Real Estate Sale Agreement.
5. The Mayor is hereby authorized to execute the Real Estate Sale Agreement and any and all
other documents necessary to accomplish the foregoing sale of the Subject Property;
6. Any and all other bids in relation to the purchase of any or all of the Subject Property are
hereby rejected in their entirety.
7. That all ordinances or parts thereof in conflict with this Ordinance are hereby expressly
repealed.
8. If any part or parts of this Ordinance shall be held to be unconstitutional or otherwise
invalid, such unconstitutionality or invalidity shall not affect the validity of the remaining
provisions of this Ordinance.
9. This Ordinance shall be in full force and effect from and after its passage and approval as
provided by law.
PASSED AND APPROVED THIS 17`h day of August, 2021.
AYES: Mayor McDowell, Alderperson Greg Gossett, Angela Lingenfelter, Jeff Fritz,
Angela Hale, Craig West, Justin Nelson, Andra Chamberlin
NAYS: Alderman John Lovell
ABSENT: None
APPROVED:
By.
Kent Mc owell, Mayor
ATTEST:
Diana Pav ey-Rock, City Clerk
AFFP
LEGAL NOTICE Requests for Bi
LEGAL NOTICE
City of Canton Requests for Bids to Acquire Real Estate Owned by the City of Canton
2 N. Main St. The City of Canton,Fulton County,Illinois(hereinafter the"City")owns real
Canton, IL 61520 estate described as:Lots 9 and 11-20 of Old Beach Addition,a subdivision
of a part of the northeast quarter of Section 30,Township 7 North,Range 5
East of the Fourth Principal Meridian,Fulton County Illinois,as set forth in
the plat recorded in the Recorder's Office of Fulton County,Illinois,as
Document No.1778527(the"Subject Property").
The Illinois Municipal Code authorizes the City to convey the real estate
when,in the opinion of the corporate authorities,the real estate is no longer
necessary,appropriate,required for the use of,profitable to,or for the best
interests of the City.The City has determined that the Subject Property is no
Affidavit of Publication longer necessary,appropriate,required for the use of,profitable to,or for
STATE OF ILLINOIS the best interests of the City.
COUNTY OF FULTON The Illinois Municipal Code further provides that said conveyance may be
made after approval of an ordinance by the corporate authorities and after a
notice of the proposal to sell said real estate.
Therefore,it is authorized by the Mayor and City Council of the City of
I, said Legal Clerk, being duly sworn, says: Canton,as follows:
That I am the Legal Clerk of the Daily Ledger, a daily 1.Any party who is interested in acquiring any or all of the Subject Property
shall submit a sealed bid for said acquisition on or before 5:00 P.M.on April
newspaper of general circulation, printed and published in 30,2021 via personal delivery or via U.S.Mail to the City of Canton,ATTN:
Canton, Fulton County, Illinois;that the publication, a copy City Attorney,2 North Main Street,Canton,Illinois 61520.The sealed bid
of which is attached hereto,was published in the said must be personally delivered to or received by the City Attorney's Office by
newspaper on the following dates: 5:00 p.m.on April 30,2021 to be considered.Bids shall not be submitted by
e-mail and any submitted via e-mail will not be accepted. Any questions
March 30, 2021, April 06, 2021, April 13,2021 regarding this matter shall be directed to the City Attorney,Christopher
Jump of Davis&Campbell L.L.C.,at(309)673-1681.
2.All bids will be opened at the regular meeting of the Canton City Council
on May 4,2021 at 6:30 p.m.The bids will be opened during said meeting.
That said newspaper was regularly issued and circulated 3.All bids to purchase all or part of the Subject Property shall include the
on those dates. following and be subject to the following conditions:
SIGNED:
a.All bids shall contain the offered price and proposed terms of acquisition.
b.All bids shall include a description of the planned use,which shall be for a
residential use only(unless later otherwise approved by a majority of the
Legal Clerk0 corporate authorities of the City of Canton)and consistent with City zoning
and land use ordinances for areas zoned Residential(R-1).
Subscribed to a d sworn to me this 3th day of April 2021.
c.Any conveyance of the Subject Property will be subject to annexation into
the City of Canton.In the event said annexation is not complete to the City's
]i satisfaction prior to closing,the Bidder shall enter into any and all
annexation/pre-annexation agreements required by the City prior to closing
Notary ate of Wi consin, COU of Brown and must further agree to cooperate and assist with any annexation of the
Subject Property post-closing,if not complete to the City's satisfaction at the
time of closing.
My commission expires: �. d.The Subject Property is currently zoned Residential(R-1),as described in
the Fulton County Zoning Ordinances.In the event the annexation is
00019816 00056738 completed prior to closing and the City remains owner of the Subject
Property,then the Subject Property will become zoned Conservation(CO-
1),pursuant to the Citv of Canton's Municipal Code.until further rezonino_is
V I C KY F E LTY properly approved.In the event the annexation is not completed prior to
Notary Public closing and the Bidder owns the property at the time of annexation,then the
State of Wisconsin
Subject Property will become zoned AG-1 (Agriculture),pursuant to the City
of Canton's Municipal Code,until further rezoning is properly approved.The
Bidder must agree to assist with and cooperate in the rezoning of the
property to Residential(R-1)under Title 10 of the City of Canton's Municipal
Code as soon as reasonably practicable upon completion of the annexation
to the City of Canton's satisfaction.Efforts should be made to complete said
re-zoning prior to closing.
e.All bids shall include site plan(s),including those for the purchase of the
Subject Property and any other potential development of any adjacent or
nearby properties owned by the City(e.g.,potential leased areas).All other
potential development shall be separate from the bid,negotiable(to the
extent permitted by law),and at the discretion of the City of Canton,if the
City wishes to further pursue that development in addition to the purchase of
the Subject Property.
f.All bids should include projected financials,including any incentives being
requested from the City,if any.
g.All bids must contain drafted covenants pertaining to the residential use
and development of the Subject Property,which the Bidder agrees that the
City may record against the Subject Property and revise prior to closing.
h.All bids must include a projected timeline for the development and sale of
the parcels.
i.All bids must contain covenants,deed restrictions,and/or other controls to
reasonably advance a timely development Subject Property within five(5)
years.After five(5)years,any undeveloped lots within the Subject Property
shall be subject to a purchase option by the City of Canton,which shall run
with the land and be available to the City of Canton for no less than five(5)
years thereafter.The purchase price under said purchase option may be
negotiated at the time of exercising by the City of Canton(if applicable),but
said purchase price shall not exceed the sale price(pro-rated per acre)from
the City to the Bidder for the undeveloped lots then being purchased by the
City of Canton.
j.All bids must contain a description of the project team.
k.All bids remain subject to a final purchase agreement and approval by
ordinance,which must be approved by a vote of 3/4 of the corporate
authorities then holding office.
I.All bids must contain a written acknowledgment from the Bidder that the
Bidder acknowledges,voluntarily consents to and understands that:(1)the
corporate authorities may accept the high bid or any other bid determined to
be in the best interest of the City of Canton by a vote of%of the corporate
authorities then holding office,but by a majority vote of those holding office,
they may reject any and all bids;and(2)The City of Canton reserves the
right to request alternative bids/proposals or to negotiate terms of the final
purchase agreement after the deadline for the submission of bids has
passed,to the extent permitted by Illinois law.
4.The corporate authorities may accept the high bid or any other bid
determined to be in the best interest of the City of Canton by a vote of%of
the corporate authorities then holding office,but by a majority vote of those
holding office,they may reject any and all bids.The City shall further reserve
the right to request alternative bids/proposals or to negotiate terms of the
final purchase agreement after the deadline for the submission of bids has
passed,to the extent permitted by Illinois law.
Legal Description
(see legal description attached hereto as Exhibit"A")
NOTE:SUBJECT TO CHANGE
EXHIBIT A
LEGAL DESCRIPTION
Lots 9 and 11-20 of Old Beach Addition,a subdivision of a part of the
northeast quarter of Section 30,Township 7 North,Range 5 East of the
Fourth Principal Meridian,Fulton County Illinois,as set forth in the plat
recorded in the Recorder's Office of Fulton County,Illinois,as Document
No.1778527.
PINs: 10-09-30-206-009
10-09-30-206-011
10-09-30-206-012
10-09-30-206-013
10-09-30-206-014
10-09-30-206-015
10-09-30-206-016
10-09-30-206-017
10-09-30-206-018
10-09-30-206-019
10-09-30-206-020
NOTE:THE FINAL LEGAL DESCRIPTION FOR THE PARCELS SOLD IS
SUBJECT TO CHANGE AND SUBJECT TO APPROVAL BY THE CITY OF
CANTON PRIOR TO ANY CLOSING UPON THE SALE OF REAL ESTATE.
By order of the City of Canton,Illinois
Ms.Diana Pavley-Rock,City Clerk
March 23,2021
The Fulton
In The Matter Of DEMOCRAT
City of Canton
Bequests for Bids Official Certificate of Publication as Required by State Law and IPA By-Laws
Certificate of the Publisher
Attorney Martin Publishing Co.,Inc.certifies that it is the publisher
of The Fulton Democrat.The Fulton Democrat is a secular
Published 3 times newspaper,has been continuously published or weekly for
more than fifty(50)weeks prior to the first publication of the
Date 5/12/2021 attached notice,is published in the City of Lewistown,County
of Fulton,Township of Lewistown,State of Illinois,is of general
Number 19 Volume 172 circulation throughout that county and surrounding area,and is
a newspaper as defined by 715 ILCS 5/5.
Date 5/26/2021 A notice,a true copy of which is attached,was published
3 times in The Fulton Democrat,namely onetime per
Number 21 Volume 172 week for 3 successive weeks.The first publication of the
notice was made in the newspaper,dated and published on
Fee$ 959'88 5/12/2021 ,and the last publication of the notice was made
in the newspaper dated and published on 5/26/2021
Invoice# 19378 The notice was also placed on a statewide public notice website
as required by 715 ILCS 5/2.1.
In witness,Martin Publishing Co.,Inc.has signed this
certificate by R.L.Martin,JR,its publisher,at Lewistown,
Illinois,on 5/26/2021 .
Martin Publishing Co.,Inc.
By:
IlCat L 6L)eI44.4,
Publisher/Authorized Agent
(Note: Unless otherwise ordered,notarization of this document is not
required.)
The Fulton Democrat,Wednesday,May 26,202flCE1,Page 6
ua a TREE NOTICE TAKE NOTICE TAKE NOTICE TAKE NOTICE
vswws }tRVT{T-C,� Bair- Fife&:5-13.21 Flied:5-73.21 Filed:5-13-21 Fled:017-00
1f{]Fl�tf7j9Ji,11i611Yjl IIq{L iq'C 11 U Cort020.13-21 Cert.&'013.248 Cert120-13-21 Cert. 5-It]-038
21
NOTICES TO NOTICBSTO NOnCESTO NOTICES 777
Donnie Eskridge c/o Eskridge Greg Swire Gregory ASM., J.IY.Wheatley
Farms Reese Swim Rae.A.Swis. Camadn Whoatley
LEGAL NOTICE Donild Eskridge Ipam Sete Bank Ipau Slate Bank Patrick J.O'Brian,Fallen County
Req is fi idsmAcquire Rcal Flints Owned by the City of Canton Robert Eskridge Patrick J.O'Brian,Fallon County Patrick J.O'Brian.Fulton County Ckrk
Charlotte E.IIid Ckrk Pmmns in omv ps-
TheCiryof Canbm Fulmn Cowry,minis mudnaau the"Cit7^l ownsreaz Eskridge Farms r/o Ralph D. Pusan.'ream pos panty oraclual pos ussion o[mid pangera waMlown
este described as,lets 12-20 al Old Beath AddNon.a subdivision o/apart g° P pwcy or azlual Persons in ocn praperry-w
ofthanorthcutq,uterof Sedon30.Tow%hip7Nom..Range 5 Eastofthe Cskridgc session a�said property-unknown n°f said property-unknown errand parte,imerested in said
.aurin Ynnclpm Mandan,kvlbn l;avdty IWno19,a4 set term m Ne plat G�*-`J'nv�_'c.-•-e r---•� land or lots •M A , Und°rlam "- " 1 APeation larTax DeM an property
rdMinthe Recorders Office of Fulmo Cmnly.Imnois,as Document Na Pmmnsin opmpanry orecmai pos APeation for Tax DeN on properly APetfion forTaz Deed on property described below has been filed with
yoi1778527(the'Subjttt Properly7. n (said property-unknown desonbed below has bean coed with described below has been mrd with the Circuit Clerk of Fulton Cauv
The Il6nis rom. f Cede authorizes the City m mune.me real..gaze servo ry
svhev,i^the opinion of the mrpoote authorities,the real estate is n°longer e J parties interested in said the Gnuil Clerk o[Fulton County. the C"t Clerk^(Fuloq Cowry, minou as Case 418TX-01(5D
necessary,appropriate,required Por the use°(pro6lahk b,car for me bei laud m lots Illinois m Case&187X-0I(48) Illinois as Case 918TMI(53) Property is located at
'ntemsts of lbs City The City has determined that me Suhjen Property ta o APCfiaon forT-DeN on property Pknperty Is located at Property N Hod al: 206 S Ryan St
longer nttessary,appmpriab.r 9ubN for the ux at pmOmble to.car[°r me desrrihad below has been filed mW BOS N.Sth Ave. 848 E Spmce SL fuvdo.Mins•IL 61544
beet inteream of me Ciry the Crmil Clerk of Fallen County, Croon,8.615211 Canb^1L61520 begal Descdplm^or Permanent
Tho IlGnoia Municipal Cede further provides mat said a weya.ee may be ROnois m Case II&TX01 pits Legal Descap0ov or Proporty Ictal ocae,ip6°v or Permanent Index No.0302-042PLLDf
made afar,approval of an ord usax,by the corporate authorities and after a Proµrty is located aC index No.010828306010 index Nn 0908.263241706 leu 9,10&I l m A J.Hadar s 2nd
ootimolthepmpusalmaclImidmalestate. Canton Twp. las Numbered One V)and Two C°mmenci^g al the South East Mdiuon m me Viltage of tendon
Thrnfore,it a authorized by me Mayor and CityCouncil a[the Gtyof IcRal Desrnpapn o Pennan.nt (2),b Black Number Pont(S)In U.G. Corner of Lot 19 in W.T.Davis Mills,Fulton County,mine'.
Canton.as follows: index No.030826300806 BroadorIf' Addition to Canton, Addition m the City of Canon,me, Said property was cold an October
1.MyparrywhouinteretedInacquiring anyar all otme Subject Property SW 21nVP 7 N RANGE 4 E CITY cPring Thirty-Eight and glhe.m Norm 120.8f.t Then. 26.2018 for&.reread real estate
shall submitasealed hid(ormidacquisition onorbelorI 500RML on Jun.11 OF CANTON FARMHAND COOhny Tenors(.'i8.6)feet off m.East end of West 53 feet Thence South 1208 teeL taxes and/or special amosaarms for
2021 via personal delivery or via VS Mail m the City
o(Canmn.ATTN:City OF FUL1'ON STALE OF B1A015 'd leu.situabd'n m.City of Thmm East 53 feet o me point n the year2017.
Avorney,2 North Main Street.Canmn,Illinois 61520.These nl,d bid must be Sl95AC Gmm�.County If Fultan.State of beginning,situated in the City at The paced (redemption win
persorvilly delivered to or received by the Cry Altorne7's Office by 5:00 Fra Said property was sold an Dctobe( Illinois Canmm.County of F.I a.Sete o! exp've on Odobm 252021.
w Jun I I.2021 to be ca^side-L Bids span not be submitted by Oman and 26 201H for delinquent real estate Said Proprry was sold on October cannel. On November 2.2021 al 10.00 am
any submitted uta email will not be acreptN.My questions regarding this taxes and/or special am,mraeab for 2f 2018 for delinquent real estate Said property was said on October in m 302 the Petitioner will make
mazter shall be directed m the Ch1 ABomay.Chriaopber Jump of Davis& the year W17. taxes and/or special assommenu for 26,2018 for delinquent real e,m c application b such court m said mus
The period of dempfiov will theyear2017. exec and/or seasmenb for far
Campbell t.1-E,at 1309)6'31681. expire on October ti,2021. The period of denptoa will me year 2017. il as Tax Deed.Order D'vmting Issuance of
2.All IS.'o the openN acme rcguermcatlngo(Ihe Canmn City Caw<0 pre November 2.2023azIOW am .spite on October ti,202E The period (redemption will KamleenLB.nem
on June
I5,2021 al 6:30 p.m The bids uncal be opened during said meeting. in ram 302 the Pefiaooer will make On November Z 2021 ai 10.00 am October 25,2021. Potida°er
3Nibidsm purcM1am aO or parto(me Subjel Property shall Indudethefo4 a li t o such mart in said enure in room 302 the Peblioaer will make On Nosxmbu 2.2011111.W am Circuit Clerk Chzuleme Marta
to,r d be sub'cct to the mlbwin PP'n an
tan 1 gmvditiws ryfwan OMu D'vmtn Lssuance at w
.M bids share contain the agued price and proposed bans of.cqui a pplicalm m such mutt iv said man m room 3�the Putitioaer will make 5/19,26,6/2np
tkn. Tax Dred. ty for w Order Directing Issues of application o such court I.said com,
b.NI bids shall iedude a dcmriptiov a[the plmmM use,which shall Eamlem L Bellamey Tax Deed, ty for an Order Directing Issuanm of TAIQ;NOTICE
be mra,",lentiil are onty(un less leeromerwise approved bye PMftiwer Charles Beflemey Tax Dmd Fled:5-13-21
myorilyafthe corporate authorites^(the Ciry a[Can[on)and con Circuit
Clerk Cmvlenc Markley as Trust-,P.M.- Komleen L Beliemey Cert.#2017-0067
'temwith City saving and land u a-fiances inn areas coned 5/19,26,6/2vp Circuit Clerk:Chmlm.Markley Petitioner NOTICESTO
Residential(R-H. TAKE NOTICE 5/19,26,6/2np Circuit Cleric Chariwe Markley tarry D.Douhet
cM of Sub TAKE NOnCE 5/19,26,6/2np Anne M.Doubet
ymmeyanmo len R'oputywmbembjorloannoa FIM:5.13-21 CdnL•513.21 TAID;N(TTIpE Patrick J.O'Brian,Full..Ca..ty
U.
I'm the City of Canton.In the event said annexed°^is not coin Cert.12017-0170
let.me Ciys mtutaclion prkr to clodng,the Bidder sha0 inter NOTICEST'O Cert&2017-0220 Clerk
Fkd:5.13.21
to anyana illanmxation/pmannoation agreemmu required by Bnan Kllarper NOTICESTO Cert.&2017-0168 Persons in occuPwrycar acoal
the Gty prior-closing and mustfurmeragror mcmpoone and Walter D.Barn law OlGm Bay L Swiso EfAL NOnCF57"0 possessionofmgdproperty-
amist wim any awev0on oAb" ub'jM Fro-WiY postelvsing,it Patrick J.O'Brian.Fulton County Itowa State Bank Gregory A Swire unknown o-"`a.d o tiox
t complete
m the
City's
"u""'Uon at th,mac of closing. Clock Patrick 1.O'Brien.Fulton County RmsaA Swire interested in said land car lots
&.The Subioct Property is mrrcnty zoned Reddental(R-1).as Personsin oavpanq oracmil pas Clad' Ipava Sem Bmk A Petition for Tax Deed n
JesaibeJin co Fplmn Caunry Zoning Ordinances.In the went the session of said property-^known Persons in omupanay car actual pos pyridk J.O'Bdm,Fulton Caunry pproperty described below has
tion
completed
priormclashng and the Cityrenilasowner o ars and parties interested in said comm o(said property-unknown Clerk b refiled with the Circuit Clerk of
p(meSubjedProperry,thenmeSubjectProputywillbecome land orlau en and partiesintensted(nsaid Persons in occupancy or actual pos Fulton County,Illinois as Case
nod Covservatiw(C0.D.purmantbme GtyafCanmv's APetiaonlorTazN onproperty land-lob acs.o^of said property-unknown 4187X-01(59)
Munkipal Code,unm mrthar rezoning is pmpMyappmved.o the do 7xd bel ow has bem fdM with APeation torr Deedon property ars d parties Mhmsted in said Property islomtedat
t the annesaton is not campletedpdorta closivgandtho the Circuit Clerk of Fulton County, doted below has bem Bled with teed or lou 34250.Court St
Sidderownsthe pmputyat fletimeo(annexation.men the Illinois as Case#18-TX-01(55) the C it Clerk of Fallen C°..ty. APutitioa for Tax Deed*,property Fermin IL 61531
Sublen Propenywm become tuned AGI aRriImre).pursuant to prop:rtY is looted at Illinois as Cam&IBTX-01 W9) described hrlmv Mss beet/NN with gu
the Ciry o/Cwm- Municipal Cod,..Of further nmting b prop 256 Fia(fner Blvd. Propxry.I- at the Cirmdl Clork of Fulton County. LLgal nDescription r
crly approved Thc Bidder must agree m_es with and mepemm Canton,IL 61520 �N.71drd Ave- Illinois az Case slBTX ry' Permanent Index No.OSOM1-02-
therezoningofinepropertyloResidendilm-B underntle to of Legal Dcscripton Parmananf Camm�.LL61520 Pre-try le lomtN at 412-003
the City of CWdonyhlunicipalCedeas soon as reatenably pmdfca Index No.09082637)1002 Legal Description car Permanent 290Thompson CL 7heWrh of the N'h of Lot l3
ble upon campledov of the annemboa to the Cry o[Cmmn'a sans! tel Number 17,iv Floyd B.Hehner Index No.09-0827425010 Canton IL 61520 and the W-h of Int 14,Smith's
.mein Effena should be made m complete said-ammg pd.,m Victory Adddion m Canton•County of EbdY-Sesxn(b7)feel a(f the Seam Le Descri nom°r Permanent Addition to Farmington.County of
msing. Fulmn and Smit°[nGnois ads of lex(6)and tet Seven(7) and, OgOg1bJ26(IOg Fulton and Smte of Blinois
c.M bids shan include rim pla^(s).Including those for the purchase Said propury wa.said on October In H.W 'SiSehrre's Addition m the Clry Lot I i^Floyd B.Hafiner Vfcty ry Said properly a old on
(the Subject Property and any°the(potenaai dwelopment.(any 26,2018 for delinquent real estate of Canton.County of Fuimn.Stan,of Addition m City of Canton,County of 0,tube[26,2018 forsdelinquertt
adjacent or newby properties owned by the City(tag.,potential lases and/or special assonaments or IlGnis Fallen.Stan,of minis real estate taxes and/or special
]eased camas).M omer potents,development shall be separate the year 2017. Said property,was sold on October Said property was mid on Ocmber a mens for the year 2017.
koro the bid.veg°tiabk(to the extent prnnmed by law)•and a[the The period f redemption will 26.2018
0 d/r delin�ue tt mal estate 26.2018 for dcWquent kcal estate The period of redemption will
discretion of theCno[Cantomnthe Ciry wish.to further pursue cxpirc a^Ocl°ber25.202L Pad lazes and/or special assessments far expire on October 25,2021.
matdevcI,pm,ti,addiU,nwth,p,,hamofthe S.bj- On November 2.2021 at IOW am the Year 2017. me year 2017. On November 2.2021 at 10,00
prop,ry in m 302 the Petitioner will make The period (rcdem'Uon will caw period f dempttm will a in room 302 the Petitioner
LMbidsshoum includeprejecmdfi=dals.indudingwyimm�tves apphention m such court in said coon- expire on Ocl°trer 25.20."1. aspire°nOMber 25,202E wiB make pplication to h
being requested from the Clty,if any. ry for an Order Directing Issuance of On N-mber 2,2021 at 10.00 am On November 2 2021 az LOW am url in said county for.0
g un
All bids must V rain dnflN comRncanLs�rtaining o the re4dential Tax Deed. pp7 atiw 2 the emurt o will)Cove' In m 302 the Peatoner win rake Directing Issuance of Tax Deed.
and dwxle meat o[the Subject Rai y.avhich the Bidder KatMeen L Benemw a application to such court m mid on Charles Bellew
agrees mal the City may record against me Subject properly and PMtiwer ty for an Order Dimling Issuance of ty farOrder Directing Issuance of ry
In to coring. Circuit Clerk:Chadenc Afarkley Tax Decd Tax Dmd. i Trustee,Petitioner
II.NI bids most Include a Pmjre ad limchne for the dIM.Ment and 5/19,26,6/2ep Charles Belicmey Emblems L Bellemey Ci
Cleric Charlene
sale of he pmeeb. Trust-,Petimmer Petitioner Markley
I.,lll bids most contain cower
enLs deed and/or other m^ TAKE NOTICE Circuit Cld.Charlene 51-ldey Circuit are,Charlene MlMdry 5/19,26,6/2np
trolsm reasonably acne-atmetY devaloProent Subject Property Filed:5-1321 5/19,26,6/2nP 5/19,26,6/2np
wathm five(5)years.Mer rune(5)ycam any undeveloped lois ansa Cort.&2017 21 a
n the Subject Property shall be subject to a purchase opthm by the NOTICESTO TAKE NOTICE Severns makes Dean's List at
Cityo(Canb^,which shall nnwith the Land and be avaitahle to the Edward E Vann�Van 11 Fled:5.1321
City of Carl-for no less than sax(7 years thereafter.The par Jana L Vmmauav Cert&2017-0543
chatechase price under said purchaseCaete may be negoaab tat m. Table Groin Sete Bank In&D.970 Central Methodist University
p arc ngbyteGtyo(Canmn(Japplabk).buts mid par Oic mro(R mnuc.5eteotnnnpi. Rd U.7h°mPwa
chase price stall notexcmdlhe sale price(p ted peracce)from DenL of Revenue,Den Unit Bobbi Thampso°
the City to the Bidder for the undmdoped lots the^being Fur gtick J.OBrizn.Fulton County Patrick J.O'Brian,F.Ium County
ch dbythe Cryof Cantoa Ckrk Ckrk Zachary Ryan Severns of Severns,ajunldr,is majoring in
Alibi ds must mvtain adeeriptioa oftho project team Permns in oavp ney°ractual Permns in oavpavcyoracoal Por
k.M bids rennin into'.&m a final P°s- usslon o[saidproLewistown earned a place on the accounting.
parch a oemwt and approval sexy o!said prop:rry- Imo eerry knvm Skin 2021 Dean's list at Since g. founding by ordinance.which must be approved by.
to of Y of the carpo ers and partes in=Zned in mid rs and part' teresbd in said P g g in 1854,
to aumpritim men holding ofnce. IanJ or lots b^dormis Central Methodist University. CMU has evolved into aimivcrsi-
LMbidsmuslea^etaawrittw acknowledgment from the Bidderthat A Petition feria D•ed on property A Pefibon for Tax Deed on property Nearly 1,000 students across ty that con(ls master's,baeho
me Bidder azknowiedges viluaerity consents t^and wdersunds desvib'd be ow ha ben coed w th described below ha been filed w h aB G llpu e6 and online learning lots d associate's degrees
a. ch,corporate authori&s mw amepl the high bid the Cmit Clerk of the Crmit Clerk o(Futton County, incl Hiere requirements for g programming on its
merbid deterwned Io beIn the beg interest of the Chyo(Canton Fulton Caunry•Illinois as Cam 418 Rune's as Case&187X01(58) q place- through ro
by aoule o@4 ofthe emmomb authorities the^holding office but TX-01(57) Property is located at men,including a grade point main campus in Fayette,
by a rvajodly rate of mase holding office.may may reject any and Property V located ne Isabel Twp. average of 3.50 or higher for the Missouri and through extension
ata bids;and(2)The Ciry of canmn reserve me right to request Vernon[ Legal De.viption or Permanent
alterative bids/ sill or to negafiam conn.a(the final Tvp. semester. silts and online.
propo wr Ictal Des'rip or Permanent Index Na22.24-07300005
chase agmcment after the deadline for me submission otb'Mas Indox No.262208-fW007 SEC 7'FVP 4 RNG 3 S'h SW
passed,mtheeztent permitted by mine's law SE-OB nYP Of RAA'GE Of E ISMEL'RVP FULTON COUNTY Area students on Culver-
4.Theeorlrorak authontiesmay anent theldghbid or myatherbid decor- 34RD SIVSEVERMphT"PFUL ILLINOIS IS.SI AC
'cant to bo In the hest interest atm.Gty a[Canmn byanateofsAo(themry TONCOUNTYILI1N0151R.AC Said properly was said on October T
porate aumedfies then holding of&e,hot by,mal ly vole of them holding Said properly was mW en October 26.2018 for delinquent real eseu Stockton President's List
oI&e•th.ynuyrejeclmywdall bids The Ciryshill furmero-c the right 26.2018 for deGvquenl real.rete t,""sand/or spzdal amemouas for
o oxf.c.il-mue bids/proposals or to vegotimo terms of the nnal For, faxes and/or special asa.ssmenu for the yor 8717.
base agrcemovl situ the deadline for the submission of bids has pas.xL m the year 2017. The Wrimif redemption will '17hree Fulton County students Culver-51«klon College,locat-
the extent permitted by minis law The period (redemption will expire on Oneber 252021. 00 hae been named to [tic ed in Canton,Missouri,is a four-
Legal Desorption expire-Ocober 25.202L O^November Z 2021 al lo. am.
(see legal d-6ptlon attached hereto as Exhlbil"A7 On November 2.20_'1 at 10.00 am In room 302 he Petitioner will make President's list at Culver- year residential institution In affi4
NOPE:SVBJECCTO CHANGE m room 302 the Pcotil-will make aPPliotlan m such mutt in Bald coon Stockton College for the Spring iafion with the Christian Church
OBIIBITA application to such mart in said coup lY for an Order Directing Issuance of 2021 sem.,. (Disciples of Christ).
LEGALDESCRIPf10N ry for an Order Directing Issuance of Tan Dad Blake Murphy of Conlon, GSC
lou 12-20 of Old Beach Addition.n sub thaamn of a part of the northeast I.Dmd. Kethlem L BHmy N Y speeOlixes in experiential
quarter of Smile,30.11-hip 7N.,OL Range 5 Exslofthe Fourth Principal Kathleen L Belemey Petitioner Shannon Tournear of Vermont education and is one of only two
Meridian.Fallen County Blinois•as set firth in tae plat recorded in the PMaover Clrmit Clerk Charlene Mlorklw and Maggie Iaste86 from Ipava colleges ht the nation to offer the
Recorders Ol6m of Fulton County.minors•as Document No.1778527. Ch zit Clerk Cmlene Moddey 511.,2 2!7p havecompleled a[ademiccqursr 12.3 Semeamr calendar.where
PIN: 100930206012 5/19,26,6/2vp TAKE NOHCE
100936206013 FIM:513-21 work with a high grade-point the typical]bweek semester is
100MO-206x14 Cert.420174420 average for the semester to care divided into a 12-week term and a
1011933060
015 TAKE NOTICE NOTICESTO the distinction. 3--k term.
100930206016 FIM:513-21 Ronald o(Tabl,,Grove Students on the President's CSC is a member of the Heart
100136206017 Cert 12017-0304 ljst have earned a 4.00 grade of America Athletic Conference
100930206018 NOTICES
D.Ash Rarmers Creor Vaiw
1003-36206919 Paul Id.Aahwoml Farmers
&Merdmnm Sutc Bank peal average and been enrolled and the National Association of
100930206020 Linda M.Mhwoed of Bushnell in t minimum of lower
than.hauls intercollegiate Athletics
NOTE:THE FINALLEGALAND UBJECPI70NFORTHE PARCEL CSOWITY F Palndk J.O'Brian,Fulton County Patrick J.O'Brian.Fulmn County vrith no grade lower thane"C."
SUBJECT TO CHANGE(NDSING UPON HE SUE
LBY THEFREAL STA OF Clerk Clerk
CANTON
PRIOR TO ANY CLOSING UPONTHE OF REAL ESTATE Pcrsansi said p perty acnal Por Pcrsays in id property
ank pos
By Mer ia me C7ry of eekCaution.Ci monis n of said properly-unknown n of said property-wknowv Lascelles named to Culver-
Ms.Diaw Pwiry-Rock,City 2Clock021 co rs and ponies interested in said mrsrrs and partes interest.&in sill
h12.1 2021 lana or lou land orlob
5/12,19,26vy .nbedonfowTax hasDoId been Med
APendon low has bed filed with Stockton College Dean s Listfor
described below has been mN wim decibel below has been filed with
LEGAL PUBLIC
H the Cimtil Clerk of ELlmn County, ma Circuit Clerk of Futon County.
NOTICE OF PUBLLC ITFARIIVG mine's as Case tIBTXat 113 Illinois er Case caged a I(50) Spring 2021 Semester
On Mnuil Budget and Appropdato^Ordinance Pmp nY is looted at Im Franklin .Tapley is located at 101 N.West
(Lewistown Cando Public Library District SL.Marietta 11.61459 SL.Table Grove,R61482
Notice is hereby given m the Public that on July 19.2021.at the hear of 6:30 Legal Deseriptoa or Permwent Legal Desedpaan Permanent Maggie U-Ifes from ipava, with the Christian Church
PAT.at the L.ewkwm Public Library building,32l West Lincoln Avenue. Index No.I1-11-16417UO1 Index Na I6I731dR4001 has been named to the Spring (Disciples of Christ).CSC tier
Lewixown,nlinois•a public heaving will be held°^the annual Budget and T VP.55 MARLETTA 12Sr ONES lofs7.8.9.10.ll and 12 in Blork3 2021 Dean's list at Culver- cia5zes in experiential education
Appropriation O%manco for the Unknown Carnegie Public mbrary Dislria for 8LK SEC 16T%VP 6N,RANGE lE OF i Haouvoa t Mditloa tai the Village Slockmn College and is one of only tune colleges 1n
me 6malymrbeRinninRlulyL2021and ondingJwe30.2022.Mypermvw[.r. THE 4111 Ph1 FULIUN CO STATE of Tabic Grove.County of Fulton,
erred in said budge[and notion-may be present at said time and plate and OF ILLINOIS Sem of nleuia Completing academic-a - the OI in to offer the 12.3
cawbe heard In regard t°me budge area ordinanm.The tenmWe baa tis Said property was mm on October Said property was mid on OMber work with a high grade
g ata 26,2018 for delinquent mal.sem 2a 2018 for delimII 1.real estate point semestucalendar,where the lyp-
Ole with the S_W y of the Boats o[Tn tee,Lewistown Carmgie tax..and/or special assessmmm mr mxe and/or.pedal assassmcnts mr average between a 3S and 3.99 ical 15week semester is divided
Public Laid h acing 4 az me Libblit office and may be reviewed upon request the year 2017. the year 2017. on a 4.0 stale,while candid m a into a 12-week term and a 3-week
prior-sail hearing by the Public The period t LL will The period of redemption will minimum of 12 hours containing term.
Secmmry,Board oIT ns0.I cytpme on OMber 25.2@L O,Wber 25,2021. no de lower than a C.has GSC u a member of the Heart
Date:h[w-.2021 expire on gm
I.'atom Cam O^November 2.2021 al 10.00 am O^November 2 2�1 al 10:W am.
egie Pnbnc Library District resulted in this prestigious honor. of America Athletic Conference
1126 N.Mlam Street In ram 302 the Pebtaner win make in o°m 302 me Paati°ner wiB make Culver-Stockton College,local- and the National Association of
lewistmn,IL 61542 apPliotio b such mart In said coup applientien t^such court in said conn. gc,
1301)547-2660 b Por an Order Dlrectimi In...m of ty for an Order Dimling lssuanm of ed in Cason,Mo.,is a four-year Intercollegiate Athletics.
5/26vp Tax Deed. I.Deed, residential institution in affiliation
Kathleen L Ioinemey Charles fiction residential
ASSUMED NAME PMtia°er Trustor, 51.1°or
PCeuGIno1V NOTICE Circuit Clerk Chari-°Markley Cirm7t Cleflc Chmime MmWoy y
PublicNilm Coherebyrk-fFIwn Mw1.A.D.202l.ngforLhth. medk 5/19.26,6/2vp 5/19,26,6/2vp o 'AL.
�$
mfficeofti flitopcoan C°uniax.e.xmWng(°rmmawrmsavd a
post.k Mdresses oI ill the V.M L wining,can,ut 3l g,and -an ,vg the
business knwnl d Whales&.f M.LLC, I. a1310 E.Fukw SL Cuba, I 9
d 61427.Dated this dthday of MaY.AD.202E I I I I' 1
eoB`ianSu businesses
Fulmo Cowry Clerk ppt�tg
5/19,26,6/2pd �� is what makes homelowns GROW
EXHIBIT B
Legal Description
Lots 12-20 of Old Beach Addition, a subdivision of a part of the northeast quarter of
Section 30, Township 7 North, Range 5 East of the Fourth Principal Meridian, Fulton County
Illinois, as set forth in the plat recorded in the Recorder's Office of Fulton County, Illinois, as
Document No. 1778527.
PINS: 10-09-30-206-012
10-09-30-206-013
10-09-30-206-014
10-09-30-206-015
10-09-30-206-016
10-09-30-206-017
10-09-30-206-018
10-09-30-206-019
10-09-30-206-020
Miller, writers Direct Email:
Hall & nancy.rabel@mhdaw.com
Triggs,LLc
416 MAIN STREET June 11, 2021
sum 1125
PEORIA,IL 61602
PHONE: (309)671-9600 Via Personal Delivery
FAX: (309)671-9616
N%,",",.mhtlaw.com City of Canton
ATTN: Chris Jump, City Attorney
ROBERT C.HALL• 2 North Main Street
DENNIS R.TRIGGS•• Canton, IL 61520
WILLIAM R.KOHLHASE
RICHARDM.JOSEPH•'• Re: Response to Requestfor Bids to Acquire Real Estate
NATHAN R.MILLER Owned by the City of Canton
JAY E.GREENING
SCOTT A.BRUNTON Dear Chis:
MICHAEL A KEEI'ON
MARK D.WALTON Enclosed please find the response to the Request for Bids to Acquire Real
CHRISTOPHER D.OSWALD Estate Owned by the City of Canton dated May 6, 2021 ("RFP"), on behalf of the
ROBERT B.MCCOY John and Gloria Davis Land Trust. Enclosed you will find the written proposal/
JOSHUA D.HERMAN response to the RFP, preliminary development plans, projected annual revenues
KATHERINE L.SV,7SE from project, as well as proposed draft covenants for the development. Mr. Davis
KAP M.CARTER intends to attend the City Council meeting set for Tuesday, June 15, 2021 when the
COLIN N.MUMMERY bids are scheduled to be opened. I have advised him that most likely, the City will
hold a separate, special meeting where the proposals can be discussed.
(OF COUNSEL)
JENNIFER KLEIN VANDEWIEE I also have preliminary development plans available in electronic form.
NANCY I-RABEL Once the bids are open, I can send those to you for distribution to the Council. I did
not want to send them before the bids were opened since it is a sealed bidding
ROBERT HOLLIS MMLER(RET.) process.
PATRICK A MURPHEY(RET.)
MICHAELJ.TIBBS(RET.) If you have any questions,please let me know.
CHARLES H.YOUNG(RET.)
THOMAS R.DAVIS(1952-2005) Sincerely,
PAULA.LEWIS(1949-2011)
r^ h
ALSO LICENSED IN:
. FLORIDA
DISTRICT OF COLUMBIA Nancy L. Ra
ARKANSAS AND WISCONSIN Y
NLR Jlb
Encs. (4)
cc: John Davis
! n
EAST LAKE DEVELOPMENT
Located on Dal Bar and Old Beach Roads, Canton, IL
RESPONSE TO REQUESTS FOR PROPOSALS TO
ACQUIRE REAL ESTATE OWNED BY THE CITY OF CANTON
The John and Gloria Davis Land Trust ("Davis") submits the following proposal in
response to the Request for Bids to Acquire Real Estate Owned by the City of Canton ("City")
date May 6, 2021. Said real estate includes Lots 12-20 of the Old Beach Addition, a subdivision
of a part of the northeast quarter of Section 30, Township 7 North, Range 5 East of the Fourth
Principal Meridian, Fulton County Illinois, as set forth in the plat recorded in Recorder's Office of
Fulton County, Illinois, as Document No. 1778527 ("Property").
PIN: 10-09-30-206-012
10-09-30-206-013
10-09-30-206-014
10-09-30-206-015
10-09-30-206-016
10-09-30-206-017
10-09-30-206-018
10-09-30-206-019
10-09-30-206-020
The Property is approximately 3.985+ acres located.on the east side of Canton, Illinois
bordering Dal Bar Road and a private lane commonly known as Old Beach Road. The Property
is not currently located within the City of Canton's jurisdictional limits.
PROPOSAL OVERVIEW
Canton Lake is a premier building site for Canton, Illinois and the City should capitalize
on this opportunity,not just now,but also in the future. The Property has the ability to draw high-
end homes that will benefit the City through property taxes for years to come. However,high-end
homes will require larger lots than currently platted, as well as a view of Canton Lake. Davis'
proposal includes- combining some of the currently-platted lots, thereby offering larger lots
allowing for larger, more expensive homes. This proposal would benefit the citizens of Canton
not just with the one-time proceeds from the purchase price, but also in the future by allowing the
City to reap the benefits from higher property taxes that would be garnered from more expensive
houses.
Davis proposes to purchase the Property and develop it for residential use, consistent with
the City of Canton zoning and land use regulations for areas zoned Residential (R-1). Said
development will be known as the "East Lake Development" (the "Development"). Should the
annexation of the Property into the City's jurisdictional limits not be completed by the closing of
the sale of the Property to Davis, Davis will continue to cooperate with the City's efforts to annex
the Property,including entering into a pre-annexation agreement if necessary. Once the annexation
of the Pronertv is complete, Davis will cooperate with or request the re-zoninp, of the Property to
Residential (R-1) zoning pursuant to the City of Canton Municipal Code. V f
As shown on the attached site plans, Davis' proposal is to combine the current, smaller
nine(9)lots making five(5)larger,more accommodating lots. The Development will offer single-
family homes with a view of and access to Canton Lake, including a private boat slip.
PROPOSAL
Davis submits the following proposal, subject to negotiations with the City and final
modifications:
A. Davis' purchase price proposal is $26,000.00 for the Property. Said purchase price
is cash at closing and not contingent on financing. Davis is willing to pay the City
an agreed upon deposit that would be held in escrow until closing.
B. The planned use for East Lake Development is single-family residential compliant
with City of Canton, R-1 zoning and land use.
C. Should annexation of the Property not be completed by closing, Davis will enter
into a pre-annexation agreement with the City and work in a timely manner to have
the Property annexed into the City's jurisdictional limits.
D Once annexation of the Property is complete,Davis will apply to the City of Canton
pursuant to the City of Canton Municipal Code("City Code"),to have the Property
zoned R-1, Residential.
E. Site plans for the Property and adjacent property are included herewith as Exhibit
A.
Davis will provide utility service to each lot including water service from the City
water main on the east side of Dal Bar Road and the south side of Old Beach Road.
Davis will also provide gas and electrical service to each lot.
Development of adjacent property: Davis' proposal contains the development of
two (2) additional adjacent properties, both currently owned by the City of Canton,
including:
(1) the lease of Lot 11 that will allow access from Old Beach Road,
through Lot 11, down to Canton Lake where six (6) boat slips will be constructed
by Davis. There will be one (1) boat slip for each lot in the Development as well
as one (1) for guests of residence of the Property. The remainder of Lot 11 would
be reserved for parking for the Old Beach subdivision which is currently where
guests of the residents of the Old Beach subdivision park. An access path would
run on the south side of Lots 8-10 down to Canton Lake.
If the City is unwillingto lease Lot 11, Davis would request an access easement
q
running along the west side of Lot 11, then south along the south boundary of Lots
8, 9 and 10, all of the way to the Canton Lake shoreline, for the creation of a
2
path/road approximately 20' wide, for access to Canton Lake for residents of the
Development.
(2) the lease of the property currently covered by trees and undergrowth,
between the west side of Lots 15-20 and Canton Lake ("Leased Property"). The
lease of this property to Davis, then to the purchaser of the corresponding
Development lot, is essential in the marketing and selling of the Development and
to attract the quality and size of houses that Davis proposes for the Development.
Davis will clear the underbrush on the Leased Property and work with the City to
maintain the trees and the character of the Leased Property while giving the
Development a view of Canton Lake. The leasing of the Leased Property will
further enhance the beauty of Canton Lake by removing years of undergrowth and
brush. Once the lots in the Development are sold to individual purchasers, the
Leased Property adjacent to the lot on the Property will be transferred to said
purchaser. The lease will be between the purchaser and the City of Canton and
governed by the lease entered into between those parties. Davis agrees to enter a
lease for the Leased Property that will prohibit any building on the Leased Property
other than a dock, and will require the lessee to maintain the shoreline, consistent
with the current leases between the City of Canton and other residents of Canton
Lake. The City would continue to lease the Leased Property and continue to receive
100% of the proceeds from said leases which the City would determine as well
maintain its shoreline control as it does with the rest of the Canton Lake shoreline.
F. Projected financials are included herewith as Exhibit B. Davis is requesting the
following incentives from the City:
• Waiver to water and sewer tap fees
• Lease of Lot 11 or easement over Lot 11 for access to Lake
• Lease of property west of Lots 15-20 to Canton Lake front for$100 annually
until the corresponding lots in the Development are sold and the lease is
transferred to that lot owner.
G. See attached covenants included herewith as Exhibit C.
H. Davis intends to begin preparing the Development within ninety (90) days of
closing. If the property west of Lots 15-20 is lease to Davis in conjunction with the
purchase of the Property, Davis will begin clearing the undergrowth of leased
property as approved by the City, within sixty (60) days of approval of the lease,
weather permitting.
Davis will begin marketing the Development for sale within sixty (60) days of the
approval of the lease of the property immediately west of Lots 15-20 to the Lake
front. The intent is to have the first residence built withing eighteen (18) from the
date of purchase of the Property. Davis would ask for a six (6) month extension
given the price of building materials due to the COVID pandemic. Lease of the
Leased Property is imperative to the success of the Development.
3
I. The development of residences on all lots in the East Lake Development shall be
in a timely manner and within five (5)years. After five (5)years, any undeveloped
lots within the East Lake Development shall be subject to a purchase option by the
City of Canton,which shall run with the land and be available to the City of Canton
for no less than five (5) years thereafter. The purchase price under this purchase
option may be negotiated at the time of exercising by the City of Canton (if
applicable), but said purchase price shall not exceed the sale price (pro-rata per
acre) from the City of Canton to the Bidder for the undeveloped lots then being
purchased by the City of Canton.
J. The project team includes Developer – John Davis, Architect – George Kelly,
Attorney–Nancy Rabel, Builders—Eric Sebree and Howard McAdams or builder
chosen by the lot purchaser.
K. Davis understands that the acceptance of this bid is subject to a final purchase
agreement entered into between Davis and the City of Canton. Davis understands
that said agreement must be approved by the City Council by the passing of an
ordinance by three-fourths(3/4)vote of the corporate authorities then holding office.
L. Davis acknowledges, voluntarily consents to and understands that:
(1) the corporate authorities may accept the high bid or any other bid
determined to be in the best interest of the City of Canton by a vote of 3/4 of the
corporate authorities then holding office, but by a majority of those holding office,
they may reject all bids; and
(2) the City of Canton reserves the right to request alternative
bids/proposals or to negotiate terms of the final purchase agreement after the
deadline for the submission of bids has passed, to the extent permitted by Illinois
law.
Hereby submitted this 11"' day of June, 2021.
JOHN AND GLORIA DAVIS LAND TRUST:
�.��
By: `� j � By:
�
John W. Davis Gloria Davis
4
SEE EXHIBIT A
PRELIMINARY SITE PLAN FOR
EAST LAKE DEVELOPMENT, CANTON, IL 61520
JUNE 11, 2021
EXHIBIT B
PROJECTED ANNUAL REVENUES FROM EAST LAKE DEVELOPMENT
Cost$120/sq. Cost Cost
ft. $130/sq.ft. $140/sci.ft.
2,000 sq. ft. (1 LOT)
Lot $ 25,000 $ 25,000 $ 25,000
House $ 240,000 $ 260,000 $ 280,000
Total Cost of Residence $ 265,000 $ 285,000 $ 305,000.
Assessed Value $ 88,333 $ 95,000 $ 101,667
Est. Property Taxes per lot (1) $ 8,833 $ 9,500 $ 10,167
2,500 sq. ft. (4 LOTS)
Lot $ 30,000 $ 30,000 $ 30,000
House $ 300,000 $ 325,000 $ 350,000
Total Cost of Residence $ 330,000 $ 355,000 $ 380,000
Assessed Value $ 110,000 $ 118,333 $ 126,667
Est. Property Taxes per lot(4) $ 11,000 $ 11,833 $ 12,667
Total Annual Tax Revenue to
County for East Lake Development
lots $ 52,833 $ 56,833 $ 60,833
Total Annual Rental Revenue from
Leased Property to City*(3 lots) $ 1,500 $ 1,500 $ 1,500
Annual Revenue to County from
taxes on Leased Property per lot(3) $ 1,005 $ 1,005 $ 1,005
Total Annual Revenue to County
from taxes on Leased Property(3
lots) $ 3,016 $ 3,016 $ 3,016
TOTAL ANNUAL REVENUE** 57,349 61,349 65,349
*This assumes an annual rent of$500.
**These are conservative estimates.
EXHIBIT C
PROPOSED RESTRICTIONS FOR
EAST LAKE DEVELOPMENT,DAL BAR RD., CANTON,IL
The undersigned, Owner of all of the lands described as Lots 12-20 of the surveyor's
Certificate in the plat of the Old Beach Addition, a subdivision in Fulton County, Illinois, hereby
certifies that it has caused the survey and accompanying plat to be known as the EAST LAKE
DEVELOPMENT, acknowledges said survey to be correct to the best of its knowledge and belief.
The John and Gloria Land Trust ("Davis" or "Owner"), owner of Lots 12-20 of the Old
Beach Addition, in Fulton County, Illinois, as reflected on the final plat recorded in the Fulton
County Recorder's office on November 7,2017,with Document No. 1778527 that are now known
as the EAST LAKE DEVELOPMENT does hereby set forth, publish and declare the following
conditions, covenants and restrictions which shall apply to all lots in EAST LAKE
DEVELOPMENT ("Development").
(1) All lots of the EAST LAKE DEVELOPMENT, shall be developed for residential
single-family in compliance with R-1, Residential zoning as set forth in Title 10 of the City of
Canton Municipal Code ("City Code").
(2) Individual single-family dwellings permitted on Lots 12-14, or any merged lot, in
said Development shall be a minimum of 2,000 square feet of finished living area, exclusive of a
finished or unfinished basement. Individual single-family dwellings permitted on Lots 15-20, or
any merged lot, in said Development shall be a minimum requirement of 2,500 square feet of
finished living area, exclusive of a finished or unfinished basement.
(3) The City Code shall apply to all lots in the Development, specifically those sections
of the City Code that deal with zoning. All buildings and/or residences shall comply with the
regulations and restrictions set forth in the Code, including Title 10, "Zoning Regulations", as
amended from time to time.
(4) No structure of a temporary character, trailer, basement, tent, shack, garage, barn
or other outbuilding shall be used on any lot at any time as a residence either temporarily or
permanently.
(5) Each lot shall have only one(1) entrance and exit("Driveway") from said lot. Said
Driveway must be composed of a dry, dustless surface comprised of either asphalt or concrete.
Any additional parking spaces on any lot shall also be composed of a dry, dustless surface that
matches the surface of the main Driveway of the lot.
(6) Fences on each lot are allowed in compliance with the City Code, however, all
fences must be wood or vinyl material. No chain link fences,are allowed on any lot in the East
Lake Development.
(7) Each lot shall have a designated boat slip on Canton Lake. The owner of said lot
shall be responsible for the maintenance and repair of their designated boat slip. The owner of
eacl:lct�l:al �e re3i .^,n S;bl:v1 1a/11,1 F1v-1&tu Silui%, Gf L11v 111a111LQ11a11VG 0.11u vi;pail of L11G WIC; 11)
boat slip that is designated as the "East Lake Development Guest Boat Slip" ("Guest Boat Slip").
Maintenance and repair of the Guest Boat Slip shall be approved by 51% of the then owners of
each lot in the East Lake Development. Each owner shall be responsible for his/her pro rata share
of approved maintenance and repair and shall be paid to the owner who incurred the debt for said
maintenance and repair withing thirty (30) days of receipt of written notice of the completion of
said maintenance and repair and the incurring of said debt.
(8) No livestock (defined as animals that typically live or are raised on a farm,
including,but not limited to, cattle,horses, swine, goats, sheep and donkeys)or poultry(including,
but not limited to, chickens, ducks,turkeys and geese) of any kind shall be raised,bred, or kept on
any lot. Domestic animals are limited to two (2) outside domestic animals per lot. Domestic pets
shall not be permitted to roam at large.
(9) Should the Owner enter into a lease Lot 11 of the Old Beach Subdivision, said Lot
11 is reserved for the use of owners, leaseholders, and their guests, of the Old Beach Subdivision,
including owners of lots in the Development.
(10) The development of residences on all lots in the East Lake Development shall be
in a timely manner and within five (5)years. After five (5)years, any undeveloped lots within the
East Lake Development shall be subject to a purchase option by the City of Canton, which shall
run with the land and be available to the City of Canton for no less than five (5) years thereafter.
The purchase price under this purchase option may be negotiated at the time of exercising by the
City of Canton (if applicable), but said purchase price shall not exceed the sale price (pro-rata per
acre) from the City of Canton to the Owner for the undeveloped lots then being purchased by the
City of Canton in addition to the pro-rata share of Owner's development costs.
Should the City purchase lots in the East Lake Development from Owner and Owner still
has a lease on the property to the west of said lots to the Canton Lake shoreline, said lease will
terminate and the City will reimburse Owner for the pro-rata share of the development of said
property.
(11) These covenants, restrictions and conditions are to run with the land and shall be
binding on all persons claiming under them for a period of 25 years from the date these covenants
are recorded, after which time said covenants, conditions and restrictions shall be automatically
extended for successive periods of 10 years, unless an instrument signed by the then owners of
2/3rds of the lots have been recorded, agreeing to change these covenants, conditions and
restrictions in whole or in part after said 25 years.
(12) Any person owning any lot in said Development may enforce these conditions,
covenants and restrictions by proceedings at law or in equity against any person or persons
violating or attempting to violate same, either to restrain or to recover damages.
(13) Invalidation of any one of the above provisions by judgment or court order shall in
no way affect any of the other provisions which shall remain in full force and effect.
IN WITNESS WHE OF, the undersigned Owner has caused this certificate to be
subscribed this I ! day of , 2021.
v
2
JOHN AND GLORI DAVIS LAND TRUST
B vs
John W. Davis Gloria Davis
3
EAST LAKE DEVELOPMENT
Located on Dal Bar and Old Beach Roads, Canton, IL
RESPONSE TO REQUESTS FOR PROPOSALS TO
ACQUIRE REAL ESTATE OWNED BY THE CITY OF CANTON
The John and Gloria Davis Land Trust ("Davis") submits the following proposal in
response to the Request for Bids to Acquire Real Estate Owned by the City of Canton ("City")
date May 6, 2021. Said real estate includes Lots 12-20 of the Old Beach Addition, a subdivision
of a part of the northeast quarter of Section 30, Township 7 North, Range 5 East of the Fourth
Principal Meridian, Fulton County Illinois, as set forth in the plat recorded in Recorder's Office of
Fulton County, Illinois, as Document No. 1778527 ("Property").
PIN: 10-09-30-206-012
10-09-30-206-013
10-09-30-206-014
10-09-30-206-015
10-09-30-206-016
10-09-30-206-017
10-09-30-206-018
10-09-30-206-019
10-09-30-206-020
The Property is approximately 3.985+ acres located on the east side of Canton, Illinois
bordering Dal Bar Road and a private lane commonly known as Old Beach Road. The Property
is not currently located within the City of Canton's jurisdictional limits.
PROPOSAL OVERVIEW
Canton Lake is a premier building site for Canton, Illinois and the City should capitalize
on this opportunity,not just now,but also in the future. The Property has the ability to draw high-
end homes that will benefit the City through property taxes for years to come. However, high-end
homes will require larger lots than currently platted, as well as a view of Canton Lake. Davis'
proposal includes combining some of the currently-platted lots, thereby offering larger lots
allowing for larger, more expensive homes. This proposal would benefit the citizens of Canton
not just with the one-time proceeds from the purchase price, but also in the future by allowing the
City to reap the benefits from higher property taxes that would be garnered from more expensive
houses.
Davis proposes to purchase the Property and develop it for residential use, consistent with
the City of Canton zoning and land use regulations for areas zoned Residential (R-1). Said
development will be known as the "East Lake Development" (the "Development"). Should the
annexation of the Property into the City's jurisdictional limits not be completed by the closing of
the sale of the Property to Davis, Davis will continue to cooperate with the City's efforts to annex
the Property,including entering into a pre-annexation agreement if necessary. Once the annexation
of the Property is complete, Davis will cooperate with or request the re-zoning of the Property to
Residential (R-1) zoning pursuant to the City of Canton Municipal Code.
As shown on the attached site plans, Davis' proposal is to combine the current, smaller
nine(9)lots making five(5)larger,more accommodating lots. The Development will offer single-
family homes with a view of and access to Canton Lake, including a private boat slip.
PROPOSAL
Davis submits the following proposal, subject to negotiations with the City and final
modifications:
A. Davis' purchase price proposal is $26,000.00 for the Property. Said purchase price
is cash at closing and not contingent on financing. Davis is willing to pay the City
an agreed upon deposit that would be held in escrow until closing.
B. The planned use for East Lake Development is single-family residential compliant
with City of Canton, R-1 zoning and land use.
C. Should annexation of the Property not be completed by closing, Davis will enter j
into a pre-annexation agreement with the City and work in a timely manner to have
the Property annexed into the City's jurisdictional limits.
D Once annexation of the Property is complete,Davis will apply to the City of Canton
pursuant to the City of Canton Municipal Code("City Code"),to have the Property
zoned R-1, Residential.
E. Site plans for the Property and adjacent property are included herewith as Exhibit
A.
Davis will provide utility service to each lot including water service from the City
water main on the east side of Dal Bar Road and the south side of Old Beach Road.
Davis will also provide gas and electrical service to each lot.
Development of adjacent property: Davis' proposal contains the development of
two (2) additional adjacent properties, both currently owned by the City of Canton,
including:
(1) the lease of Lot 11 that will allow access from Old Beach Road,
through Lot 11, down to Canton Lake where six (6) boat slips will be constructed
by Davis. There will be one (1) boat slip for each lot in the Development as well
as one (1) for guests of residence of the Property. The remainder of Lot 11 would
be reserved for parking for the Old Beach subdivision which is currently where
guests of the residents of the Old Beach subdivision park. An access path would
run on the south side of Lots 8-10 down to Canton Lake.
If the City is unwilling to lease Lot 11, Davis would request an access easement
running along the west side of Lot 11,then south along the south boundary of Lots
8, 9 and 10, all of the way to the Canton Lake shoreline, for the creation of a
2
path/road approximately 20' wide, for access to Canton Lake for residents of the
Development.
(2) the lease of the property currently covered by trees and undergrowth,
between the west side of Lots 15-20 and Canton Lake ("Leased Property"). The
lease of this property to Davis, then to the purchaser of the corresponding
Development lot, is essential in the marketing and selling of the Development and
to attract the quality and size of houses that Davis proposes for the Development.
Davis will clear the underbrush on the Leased Property and work with the City to
maintain the trees and the character of the Leased Property while giving the
Development a view of Canton Lake. The leasing of the Leased Property will
further enhance the beauty of Canton Lake by removing years of undergrowth and
brush. Once the lots in the Development are sold to individual purchasers, the
Leased Property adjacent to the lot on the Property will be transferred to said
purchaser. The lease will be between the purchaser and the City of Canton and
governed by the lease entered into between those parties. Davis agrees to enter a
lease for the Leased Property that will prohibit any building on the Leased Property
other than a dock, and will require the lessee to maintain the shoreline, consistent
with the current leases between the City of Canton and other residents of Canton
Lake. The City would continue to lease the Leased Property and continue to receive
100% of the proceeds from said leases which the City would determine as well
maintain its shoreline control as it does with the rest of the Canton Lake shoreline.
F. Projected financials are included herewith as Exhibit B. Davis is requesting the
following incentives from the City:
• Waiver to water and sewer tap fees
• Lease of Lot 11 or easement over Lot 11 for access to Lake
• Lease of property west of Lots 15-20 to Canton Lake front for$100 annually
until the corresponding lots in the Development are sold and the lease is
transferred to that lot owner.
G. See attached covenants included herewith as Exhibit C.
H. Davis intends to begin preparing the Development within ninety (90) days of
closing. If the property west of Lots 15-20 is lease to Davis in conjunction with the
purchase of the Property, Davis will begin clearing the undergrowth of leased
property as approved by the City, within sixty (60) days of approval of the lease,
weather permitting.
Davis will begin marketing the Development for sale within sixty (60) days of the
approval of the lease of the property immediately west of Lots 15-20 to the Lake
front. The intent is to have the first residence built withing eighteen (18) from the
date of purchase of the Property. Davis would ask for a six (6) month extension
given the price of building materials due to the COVID pandemic. Lease of the
Leased Property is imperative to the success of the Development.
3
I. The development of residences on all lots in the East Lake Development shall be
in a timely manner and within five(5)years. After five (5)years, any undeveloped
lots within the East Lake Development shall be subject to a purchase option by the
City of Canton,which shall run with the land and be available to the City of Canton
for no less than five (5) years thereafter. The purchase price under this purchase
option may be negotiated at the time of exercising by the City of Canton (if
applicable), but said purchase price shall not exceed the sale price (pro-rata per
acre) from the City of Canton to the Bidder for the undeveloped lots then being
purchased by the City of Canton.
J. The project team includes Developer – John Davis, Architect – George Kelly,
Attorney–Nancy Rabel,Builders—Eric Sebree and Howard McAdams or builder
chosen by the lot purchaser.
K. Davis understands that the acceptance of this bid is subject to a final purchase
agreement entered into between Davis and the City of Canton. Davis understands
that said agreement must be approved by the City Council by the passing of an
ordinance by three-fourths (3/4)vote of the corporate authorities then holding office.
L. Davis acknowledges, voluntarily consents to and understands that:
(1) the corporate authorities may accept the high bid or any other bid
determined to be in the best interest of the City of Canton by a vote of 3/4 of the
corporate authorities then holding office, but by a majority of those holding office,
they may reject all bids; and
(2) the City of Canton reserves the right to request alternative
bids/proposals or to negotiate terms of the final purchase agreement after the
deadline for the submission of bids has passed, to the extent permitted by Illinois
law.
Hereby submitted this 11 h day of June, 2021.
JOHN AND GLORIA DA IS LAND TRUST:
r
By: C By:
John W. Davis Gloria Davis
4
SEE EXHIBIT A
PRELIMINARY SITE PLAN FOR
EAST LAKE DEVELOPMENT, CANTON, IL 61520
JUNE 11, 2021
EXHIBIT B
PROJECTED ANNUAL REVENUES FROM EAST LAKE DEVELOPMENT
Cost$120/sq. Cost Cost
ft. $130/sq.ft. $140/sq.ft.
2,000 sq. ft. (1 LOT)
Lot $ 25,000 $ 25,000 $ 25,000
House $ 240,000 $ 260,000 $ 280,000
Total Cost of Residence $ 265,000 $ 285,000 $ 305,000
Assessed Value $ 88,333 $ 95,000 $ 101,667
Est. Property Taxes per lot(1) $ 8,833 $ 9,500 $ 10,167
2,500 sq. ft. (4 LOTS)
Lot $ 30,000 $ 30,000 $ 30,000
House $ 300,000 $ 325,000 $ 350,000
Total Cost of Residence $ 330,000 $ 355,000 $ 380,000
Assessed Value $ 110,000 $ 118,333 $ 126,667
Est. Property Taxes per lot(4) $ 11,000 $ 11,833 $ 12,667
Total Annual Tax Revenue to
County for East Lake Development
lots $ 52,833 $ 56,833 $ 60,833
Total Annual Rental Revenue from
Leased Property to City*(3 lots) $ 1,500 $ 1,500 $ 1,500
Annual Revenue to County from
taxes on Leased Property per lot(3) $ 1,005 $ 1,005 $ 1,005
Total Annual Revenue to County
from taxes on Leased Property(3
lots) $ 3,016 $ 3,016 $ 3,016
TOTAL ANNUAL REVENUE" $ 57,349 $ 61,349 $ 65,349
*This assumes an annual rent of$500.
**These are conservative estimates.
EXHIBIT C
PROPOSED RESTRICTIONS FOR
EAST LAKE DEVELOPMENT,DAL BAR RD., CANTON, IL
The undersigned, Owner of all of the lands described as Lots 12-20 of the surveyor's
Certificate in the plat of the Old Beach Addition, a subdivision in Fulton County, Illinois, hereby
certifies that it has caused the survey and accompanying plat to be known as the EAST LAKE
DEVELOPMENT, acknowledges said survey to be correct to the best of its knowledge and belief.
The John and Gloria Land Trust ("Davis" or "Owner"), owner of Lots 12-20 of the Old
Beach Addition, in Fulton County, Illinois, as reflected on the final plat recorded in the Fulton
County Recorder's office on November 7, 2017,with Document No. 1778527 that are now known
as the EAST LAKE DEVELOPMENT does hereby set forth, publish and declare the following
conditions, covenants and restrictions which shall apply to all lots in EAST LAKE
DEVELOPMENT ("Development").
(1) All lots of the EAST LAKE DEVELOPMENT, shall be developed for residential
single-family in compliance with R-1, Residential zoning as set forth in Title 10 of the City of
Canton Municipal Code ("City Code").
(2) Individual single-family dwellings permitted on Lots 12-14, or any merged lot, in
said Development shall be a minimum of 2,000 square feet of finished living area, exclusive of a
finished or unfinished basement. Individual single-family dwellings permitted on Lots 15-20, or
any merged lot, in said Development shall be a minimum requirement of 2,500 square feet of
finished living area, exclusive of a finished or unfinished basement.
(3) The City Code shall apply to all lots in the Development, specifically those sections
of the City Code that deal with zoning. All buildings and/or residences shall comply with the
regulations and restrictions set forth in the Code, including Title 10, "Zoning Regulations", as
amended from time to time.
(4) No structure of a temporary character, trailer, basement, tent, shack, garage, barn
or other outbuilding shall be used on any lot at any time as a residence either temporarily or
permanently.
(5) Each lot shall have only one(1)entrance and exit("Driveway") from said lot. Said
Driveway must be composed of a dry, dustless surface comprised of either asphalt or concrete.
Any additional parking spaces on any lot shall also be composed of a dry, dustless surface that
matches the surface of the main Driveway of the lot.
(6) Fences on each lot are allowed in compliance with the City Code, however, all
fences must be wood or vinyl material. No chain link fences are allowed on any lot in the East
Lake Development.
(7) Each lot shall have a designated boat slip on Canton Lake. The owner of said lot
shall be responsible for the maintenance and repair of their designated boat slip. The owner of
L 1,.� ,.L,.11 L_ _....�„�,.:L1,. l..«L:,./L..__«.. a,. I-_-_ _.r4L,........:«�......--- --A «,....,,:« _f+U_ /11
eacIll Lot J11a11 be responsibl,0 1V1 111J/1101 piV-1 Q.L0.J110.10 Vl L111i 1110.111L,110.1riv 0.11111%IPGLI1 V1 Lll�i11l \1)
boat slip that is designated as the "East Lake Development Guest Boat Slip" ("Guest Boat Slip").
Maintenance and repair of the Guest Boat Slip shall be approved by 51% of the then owners of
each lot in the East Lake Development. Each owner shall be responsible for his/her pro rata share
of approved maintenance and repair and shall be paid to the owner who incurred the debt for said
maintenance and repair withing thirty (30) days of receipt of written notice of the completion of
said maintenance and repair and the incurring of said debt.
(8) No livestock (defined as animals that typically live or are raised on a farm,
including,but not limited to,cattle,horses, swine, goats, sheep and donkeys)or poultry(including,
but not limited to, chickens, ducks, turkeys and geese) of any kind shall be raised, bred, or kept on
any lot. Domestic animals are limited to two (2) outside domestic animals per lot. Domestic pets
shall not be permitted to roam at large.
(9) Should the Owner enter into a lease Lot 11 of the Old Beach Subdivision, said Lot
11 is reserved for the use of owners, leaseholders, and their guests, of the Old Beach Subdivision,
including owners of lots in the Development.
(10) The development of residences on all lots in the East Lake Development shall be
in a timely manner and within five(5)years. After five(5)years, any undeveloped lots within the
East Lake Development shall be subject to a purchase option by the City of Canton, which shall
run with the land and be available to the City of Canton for no less than five (5) years thereafter.
The purchase price under this purchase option may be negotiated at the time of exercising by the
City of Canton (if applicable), but said purchase price shall not exceed the sale price (pro-rata per
acre) from the City of Canton to the Owner for the undeveloped lots then being purchased by the
City of Canton in addition to the pro-rata share of Owner's development costs.
Should the City purchase lots in the East Lake Development from Owner and Owner still
has a lease on the property to the west of said lots to the Canton Lake shoreline, said lease will
terminate and the City will reimburse Owner for the pro-rata share of the development of said
property.
(11) These covenants, restrictions and conditions are to run with the land and shall be
binding on all persons claiming under them for a period of 25 years from the date these covenants
are recorded, after which time said covenants, conditions and restrictions shall be automatically
extended for successive periods of 10 years, unless an instrument signed by the then owners of
2/3rds of the lots have been recorded, agreeing to change these covenants, conditions and
restrictions in whole or in part after said 25 years.
(12) Any person owning any lot in said Development may enforce these conditions,
covenants and restrictions by proceedings at law or in equity against any person or persons
violating or attempting to violate same, either to restrain or to recover damages.
(13) Invalidation of any one of the above provisions by judgment or court order shall in
no way affect any of the other provisions which shall remain in full force and effect.
IN WITNESS WHEREOF, the undersigned Owner has caused this certificate to be
subscribed this day ofc�l 2021.
v
2
JOHN AND LORIA DAVIS LAND TRUST
f
�1 t B - z 24�-�
BY Y•
John W. Davis Gloria Davis
3
REAL ESTATE SALE AGREEMENT
THIS REAL ESTATE SALE AGREEMENT ("Agreement") is made as of the F-� day of
August, 2021 (the "Effective Date"), by and between the CITY OF CANTON, 2 N. Main Street, Canton,
Illinois 61520, an Illinois municipal corporation, hereinafter referred to as "Seller" or the "City", and
(Insert Address)hereinafter referred to as"Purchaser". In consideration of
the mutual covenants, payments and conditions heretofore and hereinafter set out,the parties hereto agree as
follows:
1. DEFINITIONS:
(a) The parties to this contract shall be known as the "Seller"or"Purchaser" as
required by the context of the agreement.
(b) The singular tense includes the plural and the masculine gender includes the
feminine.
(c) Titles to the paragraphs of this agreement are descriptive only and do not
alter,limit,expand or amend the substance of the section itself.
(d) The"Property"or"Premises"means the real estate described on Exhibit"A",
which is generally located on or about Dal Bar Road in Canton,Illinois,and
together with all fixtures therein or thereon which are now a part of said
premises.
2. SALE AGREEMENT: Seller agrees to sell to Purchaser and Purchaser agrees to purchase
from Seller, subject to all the terms and conditions of this Agreement, the Property, together with all
improvements, and fixtures located thereon and all privileges, rights, easements, hereditaments and
appurtenances thereunto belonging. Seller shall convey merchantable title to the Property to Purchaser by
special warranty deed, free and clear of all liens and encumbrances, and not subject to any easements,
covenants, restrictions, dedications or rights of way, or other matters affecting title to the Property or use
of the Property, except for those title exceptions (a) accepted by Purchaser pursuant to Section 7 of this
Agreement; (b)related to any encroachments, encumbrance, violation,variation, overlaps,boundary
line disputes, matters of survey, or adverse circumstances affecting title that would be disclosed
by an accurate and complete land survey of the Property or related to any boats, trailers, or other
personal property located upon the Property;and,(c)related to any agreements,leases,pre-annexation
agreements, easements, covenants, or restrictions approved by the City pursuant to Section 12 below
(collectively the"Permitted Objections").
Said Special Warranty Deed shall be delivered by the Seller to the Purchaser simultaneously with the
closing of this Real Estate Sale Agreement upon full compliance with the terms and conditions hereof. Seller
shall cause said Special Warranty Deed and Illinois Real Estate Transfer Declaration ("PTAX-203") to be
prepared at Seller's expense and Seller shall attach the appropriate revenue stamps required by Form PTAX-
203 to said Special Warranty Deed in order to make same recordable or allow a credit to the Purchaser at the
time of closing for the amount of such stamps. Purchaser shall pay the recording costs for said deed once the
appropriate revenue stamps have been purchased by the Seller (if any) and affixed to the Special Warranty
Deed.
4. PURCHASE PRICE: The Purchaser will pay to the Seller, as consideration for said
conveyance and for the covenants of the Seller the sum of$f � in the manner following: (1)
One Thousand and No/100 Dollars upon the execution of this Agreement(the"Earnest Money"); and(2)the
remaining balance of$ _7 at closing,simultaneously with the delivery of the Special
Warranty Deed hereinabove provided, which then conveys merchantable title in accordance with this
Agreement to the Purchaser.
5. PRORATIONS:
a. Real Estate Taxes: Taxes for any year prior to the year in which this sale closes shall be paid
by Seller, if any. Taxes for the year in which the sale closes shall be prorated,with Seller paying that portion
accruing prior to the date of closing and Purchaser paying that portion accruing on and after the date of closing.
If the amount of real estate taxes for any year cannot be ascertained by the time of closing,then the taxes for
that particular year shall be computed on the basis of the best available tax information at the time of closing.
Taxes for any year after the year in which this sale closes shall be paid by the Purchaser.
b. Utilities: All utilities, if any and any other proratable items such as rent shall be prorated to
the day prior to the date of closing,with the Seller paying or receiving that portion accruing to the Seller prior
to the date of closing and the Purchaser paying or receiving that portion accruing to the Purchaser on and after
the date of closing.
C. Adjustment: All prorations and adjustments required to be made under this Paragraph shall
be made at the time of the closing of this transaction with an appropriate cash payment or a credit to the purchase
price and all such adjustments or payments,once made, shall be final.
6. INSURANCE: All existing insurance now carried on the improvements on said real estate,
together with any existing public liability insurance, shall be kept in force at the expense of the Seller until
12:00 Noon, local time, on the Closing Date, at which time Seller may cancel the existing insurance on the
premises.
7. TITLE COMMITMENT AND POLICY: Seller shall have fifteen (15) days from the
Effective Date to provide Purchaser with a title commitment("Title Commitment")for the most current ALTA
form Owner's Title Insurance Policy("Title Policy"), including extended coverage, issued by a reputable title
insurance company selected by the Seller("Title Insurer"),covering the Property in the amount of the Purchase
Price showing merchantable record title to the Property to be in Seller. At Closing, Seller, at Purchaser's
expense, shall cause Title Insurer to issue the Title Policy to Purchaser (in accordance with the Title
Commitment provided for in this Section 7), with all general exceptions deleted or endorsed over(including
without limitation possession,encroachments,overlaps,boundary line disputes,matters of survey, easements,
mechanic liens and taxes or special assessments not shown as existing by the public records exceptions),except
those general exceptions which are a Permitted Objection and subject only to the Permitted Objections and
other matters approved or waived in writing by Purchaser.
(a) Objections to Title of Record. Within fifteen (15) days after Purchaser's receipt of the aforesaid
Title Commitment, Purchaser shall furnish to Seller written notification of any objections to or defects in title
of record set forth in the Title Commitment. If Purchaser fails to give said notice within said fifteen (15) day
period, Purchaser shall be deemed to have accepted all matters then affecting title to the Property set forth in
the Title Commitment. If Purchaser does give said notice, Purchaser shall be deemed to have accepted all
matters set forth in the Title Commitment not set forth in the notice(provided Purchaser shall not be deemed
to have waived any general exceptions). After receipt of said notice, Seller shall have the right,at its election,
to endeavor to cure such objections to or defects in title set forth in the notice and shall notify Purchaser of such
election within ten (10) days. If Seller does elect to endeavor to cure such objections to or defects in title, it
shall promptly commence and diligently pursue efforts to cure such objections.
(b) Failure to Cure Objections.In the event Seller fails to cure Purchaser's objections to or defects in
title within twenty (20) days of receiving notice of such objections to or defects in title, or if Seller shall
determine that its efforts to cure will not be successful,Purchaser may either(i)waive such title objections to
or defects in title and proceed with closing hereunder or(ii)terminate this Agreement as provided herein.
8. CLOSING AND POSSESSION: This transaction shall be closed at offices of Terrill Title
Co., Inc., or another reputable title insurer selected by Seller, on or before December 31, 2021 (the "Closing
Date").Purchaser shall pay the cost of the expenses of the closing including,without limitation,title searches,
recording fees, title insurance premiums, the preparation of the closing statements, disbursement sheets,
attendance at closing by the closing agents and the preparation and any reporting to IRS on such forms as may
be required by law. Each party shall be responsible for their own attorney's fees. Possession of the entire
premises shall be delivered simultaneously with the closing of this transaction.
9. SELLER'S WARRANTIES:
a. PURCHASER AGREES TO PURCHASE THE PROPERTY "AS IS" AND "WITH
ALL FAULTS" AND ACKNOWLEDGES THAT SELLER MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY NATURE.
d. Both Purchaser and Seller acknowledge that it is not necessary to exchange radon disclosures,
Lead Paint Disclosure form,nor Residential Real Property Disclosure form,since the premises is not residential
real estate as of the time of the execution of this Agreement.
e. Each of the parties represent and warrant to the other that neither has contacted any broker,
agent, "finder", or other party who would be entitled to a fee upon the closing of this transaction. Each party
shall assume and hold the other harmless against all such fees and expenses.
10. DEFAULT: "Default"means the failure of either party to perform any required act or make
any required payment pursuant to the terms of this agreement. In the event the Purchaser shall default, the
Seller shall have any one or a combination of more than one of the following remedies:
a. Seller may forfeit the rights of the Purchaser under this agreement and retain the Earnest
Money made pursuant to Section 4 hereof.
b. Seller may sue the Purchaser for specific performance of the Purchaser's obligations
hereunder as well as exercise any other rights and remedies available at law or in equity.
In the event the Seller shall default,the Purchaser may sue the Seller for specific performance of the
Seller's obligations hereunder, of for Purchaser's damages flowing from a breach of this agreement by the
Seller,as well as the exercise any other rights and/or remedies available at law or in equity.to the Purchaser.
In the event of default, the defaulting party shall reimburse non-defaulting party for all reasonable
attorney's fees and reasonable expenses of litigation incurred by the non-defaulting party in the enforcement of
the obligations hereunder or in such amounts as may be determined by a court.
12. CONTINGENCIES: In the event that any of the contingencies provided in this Section 12
are not satisfied on or before the Closing Date, in Seller's sole discretion, then Seller may terminate this
Agreement without penalty and without any further obligation for performance,and this Agreement shall then
become null and void as to the parties.In the event this Agreement is terminated as set forth in this Section 12,
then the earnest money shall be refunded to the Purchaser. This Agreement is contingent upon each of the
following items:
a. Lease: This Agreement is contingent upon a lease agreement(s) being approved by the
corporate authorities of the City of Canton and mutually agreed upon by the parties for area(s)near the Property
for the purpose of benefiting all or some of certain parcel(s) of the Property. In the City's sole discretion,
easement(s)may alternatively be granted in certain areas.
b. Annexation: This Agreement is contingent upon annexation of the Property into the City of
Canton on or prior to the Closing Date. Alternatively, in the sole discretion of the City and in the event
annexation is not completed on or prior to the Closing Date,then this Agreement may be contingent upon the
execution of a Pre-Annexation Agreement by the Purchaser on terms and conditions satisfactory to the City
prior to closing.Purchaser agrees to cooperate with the City and shall not object to or challenge any annexation
of the Property by the City of Canton or its representatives at any time,before or after closing.This provision
shall survive closing.
C. Zoning: This Agreement is contingent upon the premises being rezoned to Residential(R-1)
under Title 10 of the Canton Municipal Code upon or after the above-described annexation. Said rezoning may
be made contingent upon closing by the Canton City Council.Purchaser agrees to cooperate with the City and
not object to or challenge any rezoning of the Property to Residential (R-1) by the City of Canton, or its
representatives,at any time, including but not limited to rezoning requests made after the Closing Date.Upon
annexation,before or after the Closing Date,the Purchaser shall petition to rezone the Property to Residential
(R-1)within ten(10)days after said annexation.This provision shall survive closing.
d. Easements/Restrictions/Covenants: This Agreement is contingent upon easements,
restrictions and/or covenants being recorded against the Property on or before the Closing Date, and said
easements, restrictions and/or covenants shall be subject to the City's approval and satisfaction prior to
recording. Unless waived by the City, such easements, restrictions and/or covenants shall, at a minimum,
include a purchase option for the City to purchase undeveloped lots after five(5)years at a purchase price
that shall not exceed the purchase price contained herein for the undeveloped lots then being purchased by
the City.The easements,restrictions and/or covenants recorded against the Property may include provisions
for a timely development of the Property to the City's satisfaction.
e. Evidence of Authorization: This Agreement is contingent upon receipt of evidence
satisfactory to Seller and Title Insurer that Purchaser is authorized to execute this Agreement and proceed
with the transactions provided for in this Agreement, including but not limited to the sale of the Real
Property and the execution of any other documents contemplated by or necessary for this Agreement.
f. Other Documents: This Agreement is contingent upon receipt of such other documents,
instruments,covenants,restrictions,agreements,certifications,confirmations,and other documents as may
be required by Seller or Title Insurer to fully effect and consummate the transactions contemplated by this
Agreement and the development goals of the City.
13. PUBLICATION M NEWSPAPER: Purchaser shall be authorized to publish any notice of
this Agreement or sale, including without limitation any Ordinance related thereto, or any other publication
required under Illinois law, in a newspaper or newspapers of general circulation in Fulton County in order to
abide by any such laws governing municipalities. The Closing Date may be extended, at the option of the
Purchaser, in the event additional time is needed to properly and timely comply with Illinois law and/or the
publishing requirements set forth therein.
14. MISCELLANEOUS: The following miscellaneous provisions shall also apply to and be a
part of the agreement between the parties hereto:
a. This Agreement represents the total agreement of the parties and there are no other
agreements,written or oral,which are not made a part hereof.
b. Purchaser shall be free to obtain a survey at Purchaser's sole expense and without any expense
to the Seller hereunder. Seller shall cooperate to make the premises available to the Purchaser's surveyor.
C. Each party will hold the other harmless from any and all brokers' commissions,finders'fees,
consultants' fees or auctioneer fees due upon the closing of the transaction herein contemplated to any
auctioneer,broker,salesman,agent,finder or consultant claiming to have acted on either party's behalf.
d. This Agreement shall be binding upon the heirs, successors, executors, administrators and
assigns of the parties hereto.
C. Any warranties, agreements and obligations of either of the parties hereto which provide for
future performance shall not be deemed merged in the delivery of any deed or delivery of any document at the
closing of this transaction, but shall remain in full force and effect and fully enforceable as a part of this
contractual agreement and shall not be deemed merged or destroyed as a result of the closing of this transaction.
f. Time shall be in all things of the essence of this Agreement and all of the covenants and
agreements contained herein.
WITNESS the hands and seals of the parties hereto on the day and year first above written.
PURCHASER: SELLER:
NANAME CIT OF CANTON(AA
By' Ke McD ' ell, Mayor
lt"sf
Att st:
Diana Pavley Rock, City Clerk
8
EXMIT A
Lots 12-20 of Old Beach Addition,a subdivision of a part of the northeast quarter of Section 30,
Township 7 North,Range 5 East of the Fourth Principal Meridian, Fulton County Illinois, as set forth in
the plat recorded in the Recorder's Office of Fulton County, Illinois, as Document No. 1778527.
PINs: 10-09-30 206-012
10-09-30-206-013
10-09-30-206-014
10-09-30-206-015+
10-09-30-206-016
10-09-30-206-01"1
10-09-30-206-018
0-09-30-206-0191
10-09-30-206-020
REAL ESTATE SALE AGREEMENT
THIS REAL ESTATE SALE AGREEMENT("Agreement")is made as of the 20th day of August,
2021 (the "Effective Date"), by and between the CITY OF CANTON, 2 N. Main Street, Canton, Illinois
61520, an Illinois municipal corporation, hereinafter referred to as "Seller" or the "City", and JOHN W.
AND GLORIA DAVIS LAND TRUST NUMBER 1, hereinafter referred to as "Purchaser". In
consideration of the mutual covenants,payments and conditions heretofore and hereinafter set out,the parties
hereto agree as follows:
1. DEFINITIONS:
(a) The parties to this contract shall be known as the "Seller"or"Purchaser" as
required by the context of the agreement.
(b) The singular tense includes the plural and the masculine gender includes the
feminine.
(c) Titles to the paragraphs of this agreement are descriptive only and do not
alter,limit,expand or amend the substance of the section itself.
(d) The"Property"or"Premises"means the real estate described on Exhibit"A",
which is generally located on or about Dal Bar Road in Canton,Illinois,and
together with all fixtures therein or thereon which are now a part of said
premises.
2. SALE AGREEMENT: Seller agrees to sell to Purchaser and Purchaser agrees to purchase
from Seller, subject to all the terms and conditions of this Agreement, the Property, together with all
improvements, and fixtures located thereon and all privileges, rights, easements, hereditaments and
appurtenances thereunto belonging. Seller shall convey merchantable title to the Property to Purchaser by
special warranty deed, free and clear of all liens and encumbrances, and not subject to any easements,
covenants, restrictions, dedications or rights of way, or other matters affecting title to the Property or use
of the Property, except for those title exceptions (a) accepted by Purchaser pursuant to Section 7 of this
Agreement; (b)related to any encroachments, encumbrance,violation,variation, overlaps,boundary
line disputes, matters of survey, or adverse circumstances affecting title that would be disclosed
by an accurate and complete land survey of the Property or related to the use of the Property in
1
any way by any person or entity, including but not limited to the presence, parking or use of any
boats,trailers, or other personal property on the Property; and, (c)related to any agreements, leases,
pre-annexation agreements,easements, covenants, or restrictions approved by the City pursuant to Section
12 below(collectively the"Permitted Objections").
Said Special Warranty Deed shall be delivered by the Seller to the Purchaser simultaneously with the
closing of this Real Estate Sale Agreement upon full compliance with the terms and conditions hereof. Seller
shall cause said Special Warranty Deed and Illinois Real Estate Transfer Declaration ("PTAX-203") to be
prepared at Seller's expense and Seller shall attach the appropriate revenue stamps required by Form PTAX-
203 to said Special Warranty Deed in order to make same recordable or allow a credit to the Purchaser at the
time of closing for the amount of such stamps. Purchaser shall pay the recording costs for said deed once the
appropriate revenue stamps have been purchased by the Seller (if any) and affixed to the Special Warranty
Deed.
4. PURCHASE PRICE: The Purchaser will pay to the Seller, as consideration for said
conveyance and for the covenants of the Seller the sum of Twenty-Six Thousand and No/100 Dollars
($26,000.00)in the manner following: (1)One Thousand and No/100 Dollars($1,000.00)upon the execution
of this Agreement(the"Earnest Money");and(2)the remaining balance of Twenty-Five Thousand and No/100
($25,000.00)at closing,simultaneously with the delivery of the Special Warranty Deed hereinabove provided,
which then conveys merchantable title in accordance with this Agreement to the Purchaser.
5. PRORATIONS:
a. Real Estate Taxes: Taxes for any year prior to the year in which this sale closes shall be paid
by Seller, if any. Taxes for the year in which the sale closes shall be prorated,with Seller paying that portion
accruing prior to the date of closing and Purchaser paying that portion accruing on and after the date of closing.
If the amount of real estate taxes for any year cannot be ascertained by the time of closing,then the taxes for
that particular year shall be computed on the basis of the best available tax information at the time of closing.
Taxes for any year after the year in which this sale closes shall be paid by the Purchaser.
2
b. Utilities: All utilities,if any and any other proratable items such as rent shall be prorated to
the day prior to the date of closing,with the Seller paying or receiving that portion accruing to the Seller prior
to the date of closing and the Purchaser paying or receiving that portion accruing to the Purchaser on and after
the date of closing.
C. Adjustment: All prorations and adjustments required to be made under this Paragraph shall
be made at the time of the closing of this transaction with an appropriate cash payment or a credit to the purchase
price and all such adjustments or payments,once made, shall be final.
6. INSURANCE: All existing insurance now carried on the improvements on said real estate,
together with any existing public liability insurance, shall be kept in force at the expense of the Seller until
12:00 Noon, local time, on the Closing Date, at which time Seller may cancel the existing insurance on the
premises.
7. TITLE COMMITMENT AND POLICY: Seller shall have fifteen (15) days from the
Effective Date to provide Purchaser with a title commitment("Title Commitment")for the most current ALTA
form Owner's Title Insurance Policy("Title Policy"), including extended coverage, issued by a reputable title
insurance company selected by the Seller("Title Insurer"),covering the Property in the amount of the Purchase
Price showing merchantable record title to the Property to be in Seller. At Closing, Seller, at Purchaser's
expense, shall cause Title Insurer to issue the Title Policy to Purchaser (in accordance with the Title
Commitment provided for in this Section 7),with all general exceptions deleted or endorsed over(including
without limitation possession,encroachments,overlaps,boundary line disputes,matters of survey,easements,
mechanic liens and taxes or special assessments not shown as existing by the public records exceptions),except
those general exceptions which are a Permitted Objection and subject only to the Permitted Objections and
other matters approved or waived in writing by Purchaser.
(a) Objections to Title of Record. Within fifteen (15) days after Purchaser's receipt of the aforesaid
Title Commitment,Purchaser shall furnish to Seller written notification of any objections to or defects in title
of record set forth in the Title Commitment. If Purchaser fails to give said notice within said fifteen(15) day
period,Purchaser shall be deemed to have accepted all matters then affecting title to the Property set forth in
3
the Title Commitment. If Purchaser does give said notice, Purchaser shall be deemed to have accepted all
matters set forth in the Title Commitment not set forth in the notice(provided Purchaser shall not be deemed
to have waived any general exceptions). After receipt of said notice, Seller shall have the right,at its election,
to endeavor to cure such objections to or defects in title set forth in the notice and shall notify Purchaser of such
election within ten(10) days. If Seller does elect to endeavor to cure such objections to or defects in title, it
shall promptly commence and diligently pursue efforts to cure such objections.
(b) Failure to Cure Objections.In the event Seller fails to cure Purchaser's objections to or defects in
title within twenty (20) days of receiving notice of such objections to or defects in title, or if Seller shall
determine that its efforts to cure will not be successful,Purchaser may either(i)waive such title objections to
or defects in title and proceed with closing hereunder or(ii)terminate this Agreement as provided herein.
8. CLOSING AND POSSESSION: This transaction shall be closed at offices of Terrill Title
Co., Inc., or another reputable title insurer selected by Seller, on or before January 31, 2022 (the "Closing
Date").Purchaser shall pay the cost of the expenses of the closing including,without limitation,title searches,
recording fees, title insurance premiums, the preparation of the closing statements, disbursement sheets,
attendance at closing by the closing agents and the preparation and any reporting to IRS on such forms as may
be required by law. Each party shall be responsible for their own attorney's fees. Possession of the entire
premises shall be delivered simultaneously with the closing of this transaction.
9. SELLER'S WARRANTIES:
a. PURCHASER AGREES TO PURCHASE THE PROPERTY "AS IS" AND "WITH
ALL FAULTS"AND ACKNOWLEDGES THAT SELLER MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY NATURE.
b. Both Purchaser and Seller acknowledge that it is not necessary to exchange radon disclosures,
Lead Paint Disclosure form,nor Residential Real Property Disclosure form,since the premises is not residential
real estate as of the time of the execution of this Agreement.
4
C. Each of the parties represent and warrant to the other that neither has contacted any broker,
agent, "finder",or other party who would be entitled to a fee upon the closing of this transaction. Each party
shall assume and hold the other harmless against all such fees and expenses.
10. DEFAULT: "Default"means the failure of either party to perform any required act or make
any required payment pursuant to the terms of this agreement. In the event the Purchaser shall default, the
Seller shall have any one or a combination of more than one of the following remedies:
a. Seller may forfeit the rights of the Purchaser under this agreement and retain the Earnest
Money made pursuant to Section 4 hereof.
b. Seller may sue the Purchaser for specific performance of the Purchaser's obligations
hereunder as well as exercise any other rights and remedies available at law or in equity.
In the event the Seller shall default,the Purchaser may sue the Seller for specific performance of the
Seller's obligations hereunder, of for Purchaser's damages flowing from a breach of this agreement by the
Seller,as well as the exercise any other rights and/or remedies available at law or in equity.to the Purchaser.
In the event of default, the defaulting party shall reimburse non-defaulting party for all reasonable
attorney's fees and reasonable expenses of litigation incurred by the non-defaulting party in the enforcement of
the obligations hereunder or in such amounts as may be determined by a court.
12. CONTINGENCIES: In the event that any of the contingencies provided in this Section 12
are not satisfied on or before the Closing Date, in Seller's sole discretion, then Seller may terminate this
Agreement without penalty and without any further obligation for performance,and this Agreement shall then
become null and void as to the parties.In the event this Agreement is terminated as set forth in this Section 12,
then the earnest money shall be refunded to the Purchaser. This Agreement is contingent upon each of the
following items:
a. Lease: This Agreement is contingent upon a lease agreement(s) being approved by the
corporate authorities of the City of Canton and mutually agreed upon by the parties for area(s)near the Property
for the purpose of benefiting all or some of certain parcel(s)of the Property,including Lotl 1. Should the City
determine to lease Lot 11,then the John and Gloria Davis Land Trust shall have the first option to lease Lot 11.
5
In the City's sole discretion,easement(s)may alternatively be granted in certain areas,including Lot 11 to the
John and Gloria Davis Land Trust, or subsequent owners of East Lake Development. This provision shall
survive closing and shall not merge with the recording of the deed.
b. Annexation: This Agreement is contingent upon annexation of the Property into the City of
Canton on or prior to the Closing Date. Alternatively, in the sole discretion of the City and in the event
annexation is not completed on or prior to the Closing Date,then this Agreement may be contingent upon the
execution of a Pre-Annexation Agreement by the Purchaser on terms and conditions satisfactory to the City
prior to closing.Purchaser agrees to cooperate with the City and shall not object to or challenge any annexation
of the Property by the City of Canton or its representatives at any time,before or after closing.This provision
shall survive closing.
C. Zoning: This Agreement is contingent upon the premises being rezoned to Residential(R-1)
under Title 10 of the Canton Municipal Code upon or after the above-described annexation.Said rezoning may
be made contingent upon closing by the Canton City Council.Purchaser agrees to cooperate with the City and
not object to or challenge any rezoning of the Property to Residential (R-1) by the City of Canton, or its
representatives,at any time,including but not limited to rezoning requests made after the Closing Date.Upon
annexation,before or after the Closing Date,the Purchaser shall petition to rezone the Property to Residential
(R-1)within ten(10)days after said annexation.This provision shall survive closing.
d. Easements/Restrictions/Covenants: This Agreement is contingent upon easements,
restrictions and/or covenants being recorded against the Property on or before the Closing Date, and said
easements, restrictions and/or covenants shall be subject to the City's approval and satisfaction prior to
recording. Unless waived by the City, such easements, restrictions and/or covenants shall, at a minimum,
include a purchase option for the City to purchase undeveloped lots after five(5)years at a purchase price
that shall not exceed the purchase price contained herein for the undeveloped lots then being purchased by
the City.The easements,restrictions and/or covenants recorded against the Property may include provisions
for a timely development of the Property to the City's satisfaction. This provision shall survive closing and
shall not merge with the recording of the deed.
6
e. Evidence of Authorization: This Agreement is contingent upon receipt of evidence
satisfactory to Seller and Title Insurer that Purchaser is authorized to execute this Agreement and proceed
with the transactions provided for in this Agreement, including but not limited to the sale of the Real
Property and the execution of any other documents contemplated by or necessary for this Agreement.
f. Other Documents: This Agreement is contingent upon receipt of such other documents,
instruments,covenants,restrictions,agreements,certifications,confirmations,and other documents as may
be required by Seller or Title Insurer to fully effect and consummate the transactions contemplated by this
Agreement and the development goals of the City. This provision shall survive closing and shall not merge
with the recording of the deed.
13. PUBLICATION IN NEWSPAPER: Purchaser shall be authorized to publish any notice of
this Agreement or sale, including without limitation any Ordinance related thereto, or any other publication
required under Illinois law,in a newspaper or newspapers of general circulation in Fulton County in order to
abide by any such laws governing municipalities. The Closing Date may be extended, at the option of the
Purchaser, in the event additional time is needed to properly and timely comply with Illinois law and/or the
publishing requirements set forth therein.
14. MISCELLANEOUS: The following miscellaneous provisions shall also apply to and be a
part of the agreement between the parties hereto:
a. This Agreement represents the total agreement of the parties and there are no other
agreements,written or oral,which are not made a part hereof.
b. Purchaser shall be free to obtain a survey at Purchaser's sole expense and without any expense
to the Seller hereunder. Seller shall cooperate to make the premises available to the Purchaser's surveyor.
C. Each party will hold the other harmless from any and all brokers'commissions,finders'fees,
consultants' fees or auctioneer fees due upon the closing of the transaction herein contemplated to any
auctioneer,broker,salesman,agent,finder or consultant claiming to have acted on either party's behalf.
d. This Agreement shall be binding upon the heirs, successors, executors, administrators and
assigns of the parties hereto.
7
e. Any warranties, agreements and obligations of either of the parties hereto which provide for
future performance shall not be deemed merged in the delivery of any deed or delivery of any document at the
closing of this transaction, but shall remain in full force and effect and fully enforceable as a part of this
contractual agreement and shall not be deemed merged or destroyed as a result of the closing of this transaction.
f. Time shall be in all things of the essence of this Agreement and all of the covenants and
agreements contained herein.
WITNESS the hands and seals of the parties hereto on the day and year first above written.
PURCHASER: SELLER:
JOHN W.AND GLO D.DAVIS CITY OF CANTON
&UST,N1 R 1
A
c
t
avis Kent McDowell, Mayor
e
% `� _ _ � � est:
By: Gloria D.Davis
Its: Co-Trustee (lana Pavley Rock, City Clerk
8
EXHIBIT A
Lots 12-20 of Old Beach Addition,a subdivision of a part of the northeast quarter of Section 30,
Township 7 North,Range 5 East of the Fourth Principal Meridian,Fulton County Illinois, as set forth in
the plat recorded in the Recorder's Office of Fulton County,Illinois, as Document No. 1778527.
PINS: 10-09-30-206-012
10-09-30-206-013
10-09-30-206-014
10-09-30-206-015
10-09-30-206-016
10-09-30-206-017
10-09-30-206-018
10-09-30-206-019
10-09-30-206-020
9
Addendum to Real Estate Sale Agreement
This Addendum to Real Estate Sale Agreement is entered into on January
2022-by and between the City of Canton; an Illinois municipal .corporation, hereinafter;Seller,
and the JOHN W.AND GLORIA DAVIS LAND TRUST NUMBER 1,hereinafter Purchaser.
The Seller and the Purchaser agree that the closing on the sale and purchase of the
.property located on Dal Bar Road, Canton, Illinois, shall take,place on or before,February 28,
2022: Thus, the- closing date in the Real Estate Sale Agreement dated August 20, 2021 is
amended to on or before february 28,2022.
All of the other terms and conditions.of the Real Estate Sale Agreement entered into on
August 20,2021 shall remain in full force and.effect.
.Entered-into this day of January;2022.
-SELLER: BUYER:
CITY OF CANTON Ong W.AND GL D.DAVIS
jLj TRUSTnER 1
UA
Kefit McDowell,Mayo` .Davis,Co-Trustee
A st: —A-L I A- �Lf4
Gloria D..Davis,Co-Trustee
Di avley Rock,City er
Addendum to Real Estate Sale Agreement
This Addendum'to Real Estate Sale Agreement is.entered into on January
2022 by and between the City of Canton, an Illinois municipal corporation, hereinafter Seller,
and the JOHN W.AND GLORIA DAVIS LAND TRUST NUMBER 1,hereinafter Purchaser.
The Seller and the Purchaser agree that the closing on the sale and purchase of the
property located on Dal Bar Road, Canton, Illinois, shall take place on or before-February 28,
2022. Thus, the closing date in the Real Estate Sale Agreement dated August 20, 2021 is
amended to on or before February 28,2022..
All of the other terms and conditions of the Real Estate Sale Agreement entered into on
August 20,2021 shall remain in full force and effect.
Entered into this day of January,2022.
SELLER: BUYER
CITY OF CANTON JO W.AND GL D.DAVIS
L TRUST ER 1
16h
K-inf Mc owell, :Davis,Co-Trustee
A st: /
Gloria D.Davis,Co-Trustee
Drana Pavley Rock,City Clerk