HomeMy WebLinkAboutOrdinance#4245 ORDINANCE NO. 4245
AN ORDINANCE AND DIRECTING THE PURCHASE OF CERTAIN REAL
ESTATE LOCATED ON OR NEAR LOCUST STREET FROM AMEREN
ILLINOIS COMPANY.
WHEREAS,the City Council of the City of Canton deems it in the best interests of the
residents of the City of Canton (the "City") to purchase of certain real property (the "Property")
legally described as follows:
A part of the Southeast Quarter of Section 28, Township 7 North, Range 4 East of the
Fourth Principal Meridian, Fulton County, Illinois,more particularly described as follows
and bearings are for descriptive purposes only:
Commencing at the Northeast corner of the Southeast Quarter of Section 28,thence along
the east line of said Section 28 bearing South 00 degrees 34 minutes 38 seconds West, a
distance of 844.77 feet to the projection of the south right-of-way line of Illinois State
Route 9, thence along said projection and said south right-of-way line bearing South 89
degrees 50 minutes 53 seconds West, a distance of 347.29 feet to the'Point of Beginning
of the parcel to be described:
From said Point of Beginning, thence bearing South 00 degrees 13 minutes 43 seconds
East, a distance of 176.53 feet to the north line of Homewood Addition Block 2; thence
along said north line bearing South 89 degrees 24 minutes 34 seconds West, a distance of
183.91 feet to the southwest corner of the City of Canton Property; thence along the
westerly line of said City of Canton Property bearing North 00 degrees 32 minutes 26
seconds East, a distance of 36.96 feet; thence continuing along said westerly line bearing
North 29 degrees 39 minutes 06 seconds East,a distance of 162.57 feet to said south right-
of-way line;thence along said south right-of-way line bearing North 89 degrees 50 minutes
53 seconds East, a distance of 102.42 feet; to the Point of Beginning, containing 0.615
acres more or less.
PINs: 09-08-284-080-14&09-08-284-080-40
AND
A part of the Southeast Quarter of Section 28, Township 7 North, Range 4 East of the
Fourth Principal Meridian,Fulton County, Illinois,more particularly described as follows
and bearings are for descriptive purposes only:
Commencing at the Northeast Corner of the Southeast Quarter of Section 28,thence along
the east line of said Section 28 bearing South 00 degrees 34 minutes 38 seconds West, a
distance of 844.77 feet to the projection of the south right-of-way line of Illinois State
Route 9, thence along said projection and said south right-of-way line bearing South 89
degrees 50 minutes 53 seconds West, a distance of 449.71 feet; thence along said south
right-of-way line bearing South 29 degrees 39 minutes 06 seconds West, a distance of
28.81 feet to the northeast corner of the Hicksgas Canton, Inc., property and the Point of
Beginning of the parcel to be described.
From said Point of Beginning; thence along the East line of said Hicksgas Canton, Inc.,
property bearing South 29 degrees 39 minutes 06 seconds West, a distance of 107.79 feet
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to the southeast corner of said Hicksgas Canton,Inc.,property;thence along the south line
of said Hicksgas Canton, Inc., property bearing South 89 degrees 50 minutes 53 seconds
West, a distance of 142.91 feet; thence bearing North 38 degrees 49 minutes 30 seconds
East,a distance of 152.48 feet to said south right-of-way line;thence along said south right-
of-way line for the next three courses bearing North 89 degrees 50 minutes 53 seconds
East,a distance of 28.08 feet;thence bearing South 00 degrees 09 minutes 07 seconds East,
a distance of 25.00 feet; thence bearing North 89 degrees 50 minutes 53 seconds East, a
distance of 72.50 feet to the Point of Beginning,containing 0.305 acres more or less.
PIN: 09-08-284-080-42
WHEREAS, pursuant to the provisions of Section 11-61-3 of Article 11 of the Illinois
Municipal Code, the Municipality is authorized to purchase real and personal property for public
purposes pursuant to contracts that provide for the consideration for such purchase to be paid in
annual installments during a period not exceeding 20 years; and
WHEREAS,AMEREN ILLINOIS COMPANY d/b/a AMEREN ILLINOIS(the"Seller")
has proposed to sell the Property to the City according to the terms and conditions as set forth in
the Contact for Sale,which is attached hereto as"Exhibit A"and fully incorporated herein.
NOW,THEREFORE,BE IT ORDAINED by the City Council of City of Canton,Fulton
County and State of Illinois, as follows:
Section 1 The foregoing recitals are incorporated herein as findings of the City Council of
the City of Canton.
Section 2: The Contract for Sale, substantially in the form attached hereto as"Exhibit A,"
is hereby APPROVED, subject to any further revisions to be made and/or approved by the City
Attorney upon further negotiation with the Seller. Closing shall occur on or before October 31,
2021,unless agreed to by the parties.
Section 3: From and after the effective date of this Ordinance the Mayor and City Clerk
are hereby authorized and directed to execute the Agreement, and to do all things necessary and
essential, including the execution of any other documents and/or certificates, to carry out the
provisions of the Agreement and to purchase the Property from Ameren Illinois Company. The
City Attorney, Christopher J. Jump, shall be authorized to make any and all necessary revisions
and amendments to the Agreement, as he and the City Engineer deem appropriate, to accomplish
the foregoing.
Section 4: This Ordinance shall be in full force and effect from and after its passage,
approval,and publication in the manner provided by law.
PASSED by the City Council of the City of Canton, Illinois, at a regular meeting this
3rd day of August,2021, upon a roll call vote as follows:
AYES: Alderperson Justin Nelson, Craig West, Angela Hale,Jeff Fritz,Angela
Lingenfelter, Greg Gossett
NAYS: None
ABSENT: Alderperson Andra Chamberlin,John Lovell
ABSTAIN:
APP OVED: Vt
cn:49
Ke t McDowel , yor
AiTTEST:
Diana Pavley-Rock, City Clerk
REMS INFORMATION
Agreement ID: AIC-201907-16700
Project ID: 29131 _
CONTRACT OF SALE
THIS CONTRACT, made and entered into by and between
i AMEREN ILLINOIS COMPANY d/b/a AMEREN ILLINOIS, an Illinois corporation (hereinafter "Seller'), and
CITY OF CANTON, a Municipal Corporation (hereinafter"Buyer');
WITNESSETH:
Buyer agrees to buy and Seller agrees to sell and convey to Buyer the real estate illustrated and/or
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described at Exhibit A, together with any improvements, appurtenances, and fixtures thereto(the "Property"
or the"Real Property")) pursuant to the following terms and conditions:
1. Sale Agreement. Seller agrees to sell to Buyer and Buyer agrees to purchase from Seller,
subject to all the terms and conditions of this Agreement, that certain real property legally described on
"Exhibit A" to this Agreement, together with all buildings, improvements, and fixtures located thereon and
all privileges, rights, easements, hereditaments and appurtenances thereunto belonging (the "Real
Property"or the"Property"). Seller shall convey merchantable title to the Real Property to Buyer 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 Real Property or use of the
Real Property, except for those title exceptions accepted by Buyer pursuant to Sections 3.1, 3.2, 3.3, and
3.7 of this Agreement(the"Permitted Objections").
2. Purchase Price. The purchase price is One and No/100'hs Dollars($1.00)to be paid by Buyer to
Seller at closing.
3. Conditions Precedent. Buyer's obligations under this Agreement shall be subject to the
conditions precedent identified in this Section being satisfied to the reasonable satisfaction of Buyer, in
Buyer's sole discretion (or waived by Buyer in writing). If all the conditions set forth in this Section are not
satisfied (or waived by Buyer in writing)on or before the Closing Date(as defined below), or the earlier date
identified with respect to each specific condition precedent, then Buyer may terminate this Agreement. In
the event of such termination, the parties shall have no further rights or liability under this Agreement. The
act of Closing shall be deemed as conclusive proof that all such conditions precedent had been satisfied or
waived by Buyer.
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3.1 Title Evidence. Seller, at Seller's sole cost and expense, shall have fifteen (15) days from the
Effective Date to provide Buyer 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 as the parties agree ("Title Insurer"), covering the Real Property in the amount of the
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Purchase Price showing merchantable record title to the Real Property to be in Seller. At Closing, Seller shall
cause Title Insurer to issue the Title Policy to Buyer(in accordance with the Title Commitment provided for in
this Section 3), 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), subject only to the Permitted
Objections and other matters approved or waived in writing by Buyer.
3.1.1 Objections to Title of Record. Within fifteen (15)days after Buyer's receipt of the aforesaid
Title Commitment, Buyer shall furnish to Seller written notification of any unacceptable exceptions in the Title
Commitment or objections to or defects in title of record set forth in the Title Commitment. If Buyer fails to
give said notice within said fifteen (15)day period, Buyer shall be deemed to have accepted all matters then
affecting title to the Real Property set forth in the Title Commitment. If Buyer does give said notice, Buyer
shall be deemed to have accepted all matters set forth in the Title Commitment not set forth in the notice
(provided Buyer 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 unacceptable exceptions or objections to
or defects in title set forth in the notice and shall notify Buyer 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.
3.1.2 Failure to Cure Objections. In the event Seller fails to cure Buyer's unacceptable
exceptions or objections to or defects in title within twenty(20)days of receiving notice of such unacceptable
exceptions or objections to or defects in title, or if Seller shall determine that its efforts to cure will not be
successful, Buyer may either(i)waive such unacceptable exceptions or objections to or defects in title and
proceed with closing hereunder or(ii)terminate this Agreement. In the event of such termination,the parties
shall have no further rights or liability under this Agreement.
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3.2 Survey. Buyer and Seller shall each have the right but not the duty, at their respective costs, to
obtain a survey (collectively hereinafter "Survey") of the Property. Seller shall reimburse Buyer for actual
costs of said Survey, up to a maximum of Four Thousand and Noll 00'h Dollars($4,000).
3.2.1 Objections to Title of Record. Within fifteen (15) days after Buyer's receipt of the Survey,
Buyer shall furnish to Seller written notification of any objections to or defects in title of record set forth in
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the Survey. If Buyer fails to give said notice within said fifteen (15) day period, Buyer shall be deemed to
have accepted all matters then affecting title to the Real Property set forth in the Survey (except those
matters that were also identified in the Title Commitment and to which Buyer has previously objected). If
Buyer does give said notice, Buyer shall be deemed to have accepted all matters set forth in the Survey
not set forth in the notice (except those matters that were also identified in the Title Commitment and to
which Buyer has previously objected).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 therein and shall notify Buyer 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.
3.2.2 Failure to Cure Objections. In the event Seller fails to cure Buyer's objections to or defects
in title set forth in the Survey 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, Buyer 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.
3.3 Previous Due Diligence. Within fifteen (15)days from the Effective Date, Seller shall deliver to
Buyer via electronic format or otherwise make available for inspection and copying, copies of the following
documents relating to the Real Property, if available, (collectively, the"Documents"):
3.3.1 Seller's existing title insurance policy;
3.3.2 All service contracts and other agreements affecting the Real Property;
3.3.3 All leases or licenses affecting the Real Property;
3.3.4 Copies of all warranties, permits and government-related documents;
3.3.5 Any prior physical inspections,engineering reports,appraisals,grading plans, etc.;
3.3.6 Any prior environmental audits, reports, soil tests and/or inspections;
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3.3.7 Any compliance information i.e.: ADA, city ordinance;
3.3.8 All plans,specifications, and requirements affecting or related to the Real Property;
3.3.9 All plans and specifications, if any, relating to the construction or alteration of the
improvements to the Real Property;
3.3.10 Insurance policies (including property, liability and flood insurance coverage) and
loss runs for the last 2 years;
3.3.11 Copies of any litigation involving the Real Property for past 5 years; and
3.3.12 Copies of any pending litigation involving the Real Property.
3.4 Environmental Audit. Buyer and Seller shall each have the right but not the duty, at their
respective costs,to obtain an environmental study or studies(collectively hereinafter"study")of the Property.
If Buyer elects to obtain an environmental study of the Property, Seller shall cooperate therewith and Seller
shall answer questions, to the best of its information and belief with respect thereto, and shall give such
permissions for entry and for environmental sampling as may be reasonably required therefor. Seller shall
reimburse Buyer for actual costs of said environmental study, up to a maximum of One Thousand and
No/100th Dollars($1,000).
3.4.1 If either party elects to obtain an environmental study of the Property, it shall promptly furnish
the other party with a copy of the report and/or results thereof. If either party determines that the environmental
condition of the Property disclosed by said study is unacceptable, in the party's sole discretion, said party
shall have the right and privilege to terminate this Contract by written notice to the other party. In case of such
termination, in below entitled"Termination"shall apply and neither party shall have any liability to the other by
reason of such termination. If neither party shall have given the other said notice of termination on or before
the Closing Date, this Environmental Audit shall be deemed to have been satisfied or waived.
3.4.2 Notwithstanding the foregoing, Seller shall provide Buyer with a Safety Plan, to be prepared
in accordance with the No Further Remediation(NFR)Letter from the Illinois Environmental Protection Agency
(IEPA) that is filed of record within the Fulton County Records as Document#1251307, prior to closing and
within thirty(30)days of the execution of this Agreement.
3.4.3 Seller represents, covenants and warrants that unless set forth above, or except as set forth
in Section 3.4.4,Seller has not: (i)conducted or authorized the storage,treatment,or disposal on the Property
of any petroleum, or petroleum products, or hazardous substances, (ii) handled, treated, stored,transported,
released or disposed of any petroleum or petroleum products, hazardous or toxic materials, substances,
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pollutants, contaminants or wastes on the Property, (iii) knowingly allowed or is aware of the migration of any
petroleum, or petroleum products, or hazardous substance from the Property onto any neighboring property,
(iv) become aware of any pending litigation or threatened or proceedings before any court or any
administrative agency in which any person or entity alleges the release or threat of release, on or in the
Property of any petroleum,or petroleum products,or hazardous substance, (v)received actual or constructive
knowledge that any governmental or quasi-governmental authority or agency (federal, state or local) or any
employee or agent thereof has determined, or threatens to determine, that there is a release or threat of
release on or in the Property of any petroleum, or petroleum products, or hazardous substance. There have
been no communications or agreement with Seller, or any other person or entity to Seller's knowledge, with
any governmental or quasi-governmental authority or agency (federal, state or local) relating in any way to
the release or threat of release, on or in any part of the Property of any petroleum, or petroleum products, or
hazardous substance. For purposes of this Agreement, "hazardous substance"shall mean any matter giving
rise to liability under the Resource, Conservation, Recovery Act, 42 U.S.C. Section 6901 et seq., the
Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et seq.,
any state or local law regulating hazardous or toxic waste, asbestos, environmental protection, spill
compensation, clean air and water, or under any common law theory based on nuisance or strict liability;
3.4.4 Seller represents,covenants and warrants,to the best of Seller's knowledge and belief,there
are no other underground storage tanks, pipe lines, or other underground storage structures whether active
or inactive located on the Real Property; and
3.4.5 Seller represents, covenants and warrants, to the best of Seller's knowledge and belief, no
polychlorinated biphenyls, asbestos or hazardous substances were stored, treated or disposed of on the Real
Property,and that there currently are no polychlorinated biphenyls,asbestos or hazardous substances located
on the Real Property.
3.5 Inspection. Buyer, its employees, agents, representatives and independent contractors shall
have the right to enter upon the Real Property at any reasonable time during normal business hours and
make all tests or inspections of the Real Property (whether within or without the building or improvements)
that they desire to make at Buyer's sole cost and expense. If Buyer determines that the Real Property is
not acceptable to Buyer in Buyer's sole discretion, then Buyer shall have the right to terminate this
Agreement as provided below. The Buyer's satisfaction of itself of the matters set forth in this Section. 3.6
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shall be done for the Buyer's own account and not as a representative or agent of the Seller. Further, the
Buyer shall forever fully protect, defend and hold the Seller harmless from all reasonable losses, costs,
damages, attorneys' fees and expenses of every kind and nature whatsoever which the Seller may suffer,
expend or incur and which arise out of, relate to, or are in any way connected with the Buyer's due diligence
activities pursuant to this Section 3.5. Further, the Buyer shall, within seven (7) days of recordation, pay
and discharge of record or bond over all mechanics' and materialmen's liens which arise out of, relate to,
or are in any way connected with the Buyer's due diligence activities.
3.6 Zoning/Building Permits. Buyer being satisfied, in its sole judgment, that zoning the Real
Property is suitable for Buyer's intended use of the Real Property and that all necessary building permits
and/or platting approvals have been or are able to be obtained by Buyer.
3.7 Ingress/Egress and Other Necessary Interests. Buyer being satisfied, in its sole judgment,that
it shall have adequate means of ingress and egress to the Real Property. For purposes of this Section 3.7,
"adequate"means of ingress and egress may include, but not be limited to, a leasehold interest, easements
over, or fee simple title to land adjacent to the Real Property, which shall provide Buyer access to public
roadway(s)from the Real Property. Any language for any leasehold interests, easements over or affecting
the Real Property, or fee simple title to land necessary for Buyer's enjoyment and use of the Real Property
(as determined by Buyer) shall meet Buyer's satisfaction, as determined in Buyer's sole judgment.
3.8 Legal Description. Buyer being satisfied, in its sole judgment, that the legal description in
Exhibit A has been modified to correctly state the legal description of the Real Property being purchased
hereunder, including without limitation, describing all easements affecting said Real Property, to Buyer's
satisfaction.
If all of the conditions set forth in Sections 3.1 through 3.8 are not satisfied(or waived by Buyer)
on or before the Closing Date ("Due Diligence Period"), then Buyer may terminate this Agreement. In the
event of such termination, the parties shall have no further rights or liability under this Agreement.
5. As Is—Where Is. Seller represents, covenants and warrants that Seller is the sole owner of and
has good and merchantable fee simple title to the Property, free and clear of all liens, encumbrances,
easements, covenants, restrictions, dedications or rights-of-way, leases, or other matters affecting title to the
Property or use of the Property, except the Permitted Objections and other matters approved in writing by
Buyer. Buyer acknowledges and Seller agrees that prior to closing Buyer will have had full opportunity to
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inspect and investigate every aspect of the Property, including all matters related to legal status or
requirements, physical condition, zoning, environmental condition, title, leasing, contracts and all other
matters of significance, Except for Seller's express obligations under this Agreement, including, without
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limitation, Section 16 hereof, and the Environmental Audit set forth above, Buyer specifically acknowledges
I and agrees that the Property is being sold in an"AS IS"condition and "WITH ALL FAULTS"as of the date of
the closing. Except as expressly set forth in this agreement, no statements, representations or warranties
have been made or are made and no responsibility has been or is assumed by Seller, or by any partner,
officer, employee, member, manager, person, firm, agent or representative acting or purporting to act on
behalf of Seller, as to any matters concerning, or that might in any manner affect, the Property, including the
condition or repair of the Property or the value, expense of operation, or income potential thereof, and Buyer
is not relying upon any such statement, representation or warranty. Further, to the extent that Seller has
provided to Buyer information or reports regarding any inspection,engineering,environmental or other matters
regarding any aspect of the Property and except as otherwise expressly set forth in this agreement, Seller
makes no representations or warranties with respect to the accuracy, completeness, methodology of
preparation or otherwise concerning the contents of such reports. Buyer acknowledges that Seller has
requested Buyer to inspect fully the Property and investigate all matters relevant thereto and to rely solely
upon the results of Buyer's own inspections or other information obtained or otherwise available to Buyer,
rather than any information that may have been provided by Seller to Buyer. Buyer's acceptance of the deed
for the Property shall constitute its irrevocable declaration that it has fully inspected the Property, or has been
given a reasonable opportunity to do so, and that it is fully satisfied with every aspect of the condition of the
Property. The property to be conveyed is subject to a No Further Remediation (NFR) Letter from the Illinois
Environmental Protection Agency(I EPA)that is filed of record within the Fulton County Records as Document
#1251307. The 0.305 acre parcel to be conveyed is subject to a Permanent Deed Restriction as mentioned
in the Warranty Deed between HICKSGAS CANTON and AMEREN ILLINOIS COMPANY f/k/a CENTRAL
ILLINOIS PUBLIC SERVICE COMPANY d/b/a AmerenCIPS recorded in the Fulton County records as
Document#34379. Said restriction states that"No improvements shall be constructed upon the premises
conveyed within 50 feet of the liquid propane storage tanks now located or to be located upon Grantor's
premises unless Grantor, its successors or assigns, has given written permission to Grantee, its successors
or assigns, to construct a particular improvement."
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6. Notice of Litigation,Violation,or Encroachment. Seller represents,covenants and warrants it has
received no notice, nor has Seller any knowledge, of any actions or claims filed or threatened by anyone
against the Real Property or Seller in connection with any injury or damage sustained incidental to the use or
occupancy of the Property. Seller shall promptly notify Buyer of any such notice received between the
Effective Date and the Closing Date. Seller knows of no violation of any federal, state, county or municipal
law, ordinance, order, rule or regulation affecting the Property, and Seller has received no notice of any such
violation issued by any governmental authority. Seller further represents, covenants and warrants that it has
no knowledge of any boundary disputes or encroachments upon or affecting the Property.
7. Governmental Regulation. Seller represents, covenants and warrants, to the best of Seller's
knowledge, the Property complies in all respects with all statutes, ordinances, regulations and administrative
or judicial orders or holdings, whether or not appearing in public records, and the consummation of the
transactions contemplated by this Agreement shall not violate any such statutes, ordinances, regulations and
administrative or judicial orders or holdings or any other agreement or indenture by which Seller is bound.
8. Risk of Damage. Risk of damage to any improvements to the Property from the effective date of
this Contract shall be upon Buyer. Buyer shall have the right, but not the obligation, to insure any and all
improvements on the Property from fire or other casualty in any amounts it deems appropriate.
9. Condemnation. If, prior to closing, the Property described at Exhibit A or any portion thereof is
taken or threatened to be taken by eminent domain, Seller shall give Buyer prompt written notice thereof and
Buyer shall have the right to cancel this Contract by written notice delivered to Seller. In such event, the
below entitled"Termination"section shall apply. If Buyer does not give such notice of cancellation,the parties
shall go forward under this Contract.
10. Closing. This transaction shall be closed on or before November 30, 2021 (the"Closing Date"),
at such time during business hours and at such location in Canton, IL, of which Seller shall give Buyer written
notice no later than five (5) business days in advance of said date. Said closing date may be extended by
mutual agreement in writing, or may be extended by Seller if said extension is needed by Seller to obtain the
release of the Property from the mortgage thereon. In the event any environmental studies ordered by Buyer
and/or the Safety Plan are not completed prior to fourteen (14) days before October 31, 2021, then closing
shall be extended to a date, to be mutually agreed upon, at least fourteen (14) days after the completion of
said studies and/or Safety Plan (unless otherwise mutually'agreed).
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11. Taxes. General taxes for the calendar year in which the closing occurs,water and sewer charges,
if any, and other similar items, shall be prorated to the date of closing on the basis of thirty (30) days to the
month, Seller to have the last day. The prorating of said general taxes and other charges shall be based on
the latest available bills therefor. All prorations shall be final. Seller shall bear any special tax or assessment
which is due and payable on or before the effective date of this Contract and Buyer shall bear any special tax
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or assessment due and payable thereafter(if any). Adjustments to the purchase price for the foregoing shall
be shown on the closing statement to be delivered to Buyer at or before closing. Said adjustments to the
purchase price shall be deemed to satisfy Seller's duties with respect to tax or other liens arising out of the
subject matter of said adjustments.
12. Closinq Costs and Closing Statement. Seller shall pay for recording the deed of release from the
mortgage and title insurance charges/premiums. Buyer shall pay for recording the deed of conveyance from
Seller. Any closing costs not herein provided for shall be borne by Buyer. Seller shall cause the Closing
Statement to be delivered to Buyer at or before the closing.
13. Possession. Upon execution of this Agreement, Seller will have the sole right to possession of
all of the Property, and there will be no third party with the right to possession of any portion of the Real
Property,whether pursuant to a written lease(including any option to extend a written lease), an oral lease,
or as otherwise may be provided by law. Upon closing, any leases by and between the Buyer and Seller
affecting the Property shall terminate and be of no further effect.
14. Mortgage Release/Liens. Except for the Permitted Objections, the Seller represents,
covenants, and warrants the Property is not subject to any liens, encumbrances, security interests,
liabilities, easements, covenants, restrictions, dedications, rights-of-way, or judgments of any kind
whatsoever. Unless otherwise provided herein, Seller shall, at or before the closing, obtain the release of the
Property described at Exhibit A from the lien of the mortgage thereon and any and all other liens or
encumbrances thereon, including without limitation any mechanics' liens and judgment liens, which are not
approved in writing by Buyer. Seller shall be responsible for all debts, claims, contracts and liabilities in any
way connected with the conduct of its operations on the Real Property on or prior to the Closing Date, and
Buyer shall have no liability for Seller's operations conducted on the Property on or prior to the Closing
Date or for any liabilities, known, unknown, contingent or otherwise, of Seller. Seller will have no liability for
any of Buyer's actions on the property after closing. Seller shall defend said Property against enforcement
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of said liens and shall save harmless the Buyer from any liabilities, costs and expenses arising therefrom.
15. Brokers'Claims. Buyer shall hold harmless and indemnify Seller from and against any liabilities,
costs,and expenses including without limitation attorneys'fees which may arise out of any claim for real estate
agent's or broker's commission,finder's fee, or the like, by reason of any act of Buyer or any legal relationship
between Buyer and any other person.
16. Survival. The indemnities set out in the immediately preceding Sections regarding Mechanics'
Liens and Judgment Liens and regarding Brokers'Claims shall survive closing.
17. Notices. Any notice under this contract shall be provided in writing and shall be effective when
delivered in person or when mailed, postage prepaid, by Certified or Registered mail to the respective parties,
addressed as follows:
Seller:
AMEREN ILLINOIS COMPANY d/b/a AMEREN ILLINOIS
c/o Ameren Services
Attn: Director, Real Estate Department(Agent for Seller)
P.O. Box 66149 (M/C 700)
St. Louis, Missouri 63166-6149
MFeatherstoneo,ameren.com
Buyer or agent for Buyer:
CITY OF CANTON
ATTN: Mayor
2 N. Main Street
Canton, I L 61520
kmcdowell&cantoncityhall.org
With a copy to:
CITY OF CANTON
ATTN: City Attorney
2 North Main
Canton, IL 61520
cHumpR-dcamplaw.com
18. Termination. This Contract shall terminate in the event that: (i) either party exercises its rights
herein to terminate this Contract; or(ii) upon the failure of any contingency set forth in this Contract, unless
otherwise agreed to by the parties. Upon said termination, the parties shall be relieved of any further liability
under this Contract and the Seller shall bear the costs of the title commitment.
19. Effective Date. The effective date of this Contract shall be the date it is signed by Seller, as
evidenced by the date set out beneath the Seller's signature, subject to the Illinois Municipal Code and other
Rev. 11/18/2014 -10-
QW7
I
i
applicable laws and regulations.
20. Eztiiibits,HeadiriQs: All Exhibits referred to in this contract are incorporated herein by reference.
The headings are for convenience and shall not be construed to vary the meaning of the text.
21. Waiver., Waiver of any right by either party on any one or more occasion shall not be deemed a
waiver of said right or any other right on any subsequent occasion(s).
22. Time of Essence. Time is of the essence for this Contract.
23. No Assignment. This Contract is personal to the parties and their respective rights hereunder
are not assignable without the prior written consent of the other party,which consent shall not be unreasonably
withheld.
24. Entire'Agreement. This instrument constitutes the entire agreement.
25. .Publicatiorr h Newspaper: Buyer 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. Closing may be extended, at the option of the Buyer, in the event additional time is
needed to properly and timely comply with the Illinois Municipal Code and the publishing requirements set forth
therein.
IN WITNESS WHEREOF,the parties have set their hands and seals to this instrument.in two(2)counterparts.
BUYER:;
CITY O ,'CAN QN;., sM nicip`,Corpo
By .'.
L i .
y•
Kent McDowell, Mayur
Dated: October 13 .2021
SELLER:
AMEREN ILLINOIS COMPANY
d/b/a AMEREN ILLINOIS
By:, V.
Geoffrey D. Douglass, Director, Real Estate
Dated: October 20 2021
Featherstone
WO#JOPGC
Canton MGP Site
Rev. 11/18/2014 -
02167
EXHIBIT"A"
i
A part of the Southeast Quarter of Section 28, Township 7 North, Range 4 East of the Fourth Principal
Meridian, Fulton County, Illinois, more particularly described as follows and bearings are for descriptive
purposes only:
Commencing at the Northeast corner of the Southeast Quarter of Section 28, thence along the east line of
said Section 28 bearing South 00 degrees 34 minutes 38 seconds West, a distance of 844.77 feet to the
projection of the south right-of-way line of Illinois State Route 9,thence along said projection and said south
right-of-way line bearing South 89 degrees 50 minutes 53 seconds West, a distance of 347.29 feet to the
Point of Beginning of the parcel to be described:
From said Point of Beginning, thence bearing South 00 degrees 13 minutes 43 seconds East, a distance
of 176.53 feet to the north line of Homewood Addition Block 2; thence along said north line bearing South
89 degrees 24 minutes 34 seconds West, a distance of 183.91 feet to the southwest corner of the City of
Canton Property; thence along the westerly line of said City of Canton Property bearing North 00 degrees
32 minutes 26 seconds East, a distance of 36.96 feet; thence continuing along said westerly line bearing
North 29 degrees 39 minutes 06 seconds East, a distance of 162.57 feet to said south right-of-way line;
thence along said south right-of-way line bearing North 89 degrees 50 minutes 53 seconds East,a distance
of 102.42 feet; to the Point of Beginning, containing 0.615 acres more or less.
PIN 09-08-28-408-014 & 09-08-28-408-040 -
A part of the Southeast Quarter of Section 28, Township 7 North, Range 4 East of the Fourth Principal
Meridian, Fulton County, Illinois, more particularly described as follows and bearings are for descriptive
purposes only:
Commencing at the Northeast Corner of the Southeast Quarter of Section 28,thence along the east line of
said Section 28 bearing South 00 degrees 34 minutes 38 seconds West, a distance of 844.77 feet to the
projection of the south right-of-way line of Illinois State Route 9,thence along said projection and said south
right-of-way line bearing South 89 degrees 50 minutes 53 seconds West, a distance of 449.71 feet; thence
along said south right-of-way line bearing South 29 degrees 39 minutes 06 seconds West, a distance of
28.81 feet to the northeast corner of the Hicksgas Canton, Inc., property and the Point of Beginning of the
parcel to be described.
From said Point of Beginning; thence along the East line of said Hicksgas Canton, Inc., property bearing
South 29 degrees 39 minutes 06 seconds West, a distance of 107.79 feet to the southeast corner of said
Hicksgas Canton, Inc., property;thence along the south line of said Hicksgas Canton, Inc., property bearing
South 89 degrees 50 minutes 53 seconds West,a distance of 142.91 feet;thence bearing North 38 degrees
49 minutes 30 seconds East, a distance of 152.48 feet to said south right-of-way line; thence along said
south right-of-way line for the next three courses bearing North 89 degrees 50 minutes 53 seconds East, a
distance of 28.08 feet; thence bearing South 00 degrees 09 minutes 07 seconds East, a distance of 25.00
feet; thence bearing North 89 degrees 50 minutes 53 seconds East, a distance of 72,50 feet to the Point of
Beginning, containing 0.305 acres more or less.
PIN 09-08-28-408-042
Exhibit A (cont.)
Depiction of 0.615 Acre Parcel.
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2200245
PREPARED BY: Ameren Legal Department E'iaTRIC:F; 0'B<'IHht
1901 Chodteau Avenue
St.Louis,MO 63103 COUNTY CLERK &, RECORDER
Ameren Services FULTON COUNTY, IL
4839 Longfellow Drive RECORDED ON
Springfield,IL 62711 01/07.r2022 11:;5 AM
MAIL TAX BILL TO: City of Canton RECORDING FEE bS.00
2 N.Main Street RHSP FEE 9.00
Canton,Illinois 61520 PAGES: 5
REMS INFORMATION
Agreement ID: AIC-201907-16700
Project ID: 29131
SPECIAL CORPORATE WARRANTY DEED
THE `GRANTOR, AMEREN ILLINOIS COMPANY d/b/a AMEREN ILLINOIS, an Illinois
corporation f/k/a CENTRAL ILLINOIS PUBLIC SERVICE COMPANY d/b/a AMEREN CIPs,for and
in consideration of Ten Dollars in hand paid, does hereby GRANT, CONVEY, and WARRANT to CITY OF
CANTON (hereinafter, the"Grantee"), of the County of Fulton and State of Illinois, and its successors and
assigns, all of that certain real estate situated in the County of Fulton and State of Illinois known and
described in Exhibit A attached hereto and made a part hereof, together with all and singular the
improvements and fixtures located thereon, the hereditaments and appurtenances thereunto belonging, or
in anywise appertaining and the reversion or reversions, remainder or remainders, rents, issues and profits
thereof, and all the estate, right, title, interest, claim or demand whatsoever, of Grantor, either in law or
equity of, in and to the above described premises,with the hereditaments and appurtenances (collectively,
the"Real Property").
TO HAVE AND TO HOLD the Real Property unto Grantee, and to is successors and.assigns in
Fee Simple forever.
And Grantor,for itself, and its successors, does covenant, promise and agree to and with Grantee,
and to its successors and assigns that Grantor has not done or suffered to be done, anything whereby the
Real Property hereby granted is, or may be, in any manner encumbered or charged, except as herein
recited: and that is WILL WARRANT AND DEFEND, the title and quiet possession to the Real Property
against all persons lawfully claiming, or to claim the same by,through or under Grantor, subject only to the
following exceptions:
1. The rights of lessees and tenants in possession;
2. Taxes for 2021 and subsequent years which are not yet due and payable;
3. Restrictive covenants and easements, if any, of record;
a. subject to a No Further Remediation (NFR) Letter from the Illinois Environmental
Protection Agency (IEPA) that is filed of record within the Fulton County Records as
Document#1251307.
b. subject to a permanent restriction on the 0.305 acre parcel conveyed herein and as
mentioned in the Warranty Deed between HICKSGAS CANTON and AMEREN
ILLINOIS COMPANY f/k/a CENTRAL ILLINOIS PUBLIC SERVICE COMPANY d/b/a
AmerenCIPS recorded in the Fulton County records as Document #34379. Said
restriction states that "No improvements shall be constructed upon the premises
conveyed within 50 feet of the liquid propane storage tanks now located or to be located
upon Grantor's premises unless Grantor, its successors or assigns, has given written
permission to Grantee, its successors or assigns, to construct a particular
improvement."
Rev.12/21/2011 Page 1 of 5 Return To:C�
CENTRAL ILLINOIS TITLE COMPANY
P0, R:?)i 745
DECATUR, IL 62525
` e
4. Items from Title Commitment Schedule B if applicable and listedas Exhibit"B" hereto.
The Grantor herein warrants that Grantor nor any person or persons claiming through Grantor has
any homestead rights in or to the property.
IN WITNESS WH REOF, ke -Grantor has caused this instrument to be executed by its Director,
Real Estate this- day of 12021
AMEREN ILLINOIS COMPANY d/b/a AMEREN
ILLINOIS, an Illinois corporation f/k/a
CENTRAL ILLINOIS PUBLIC SERVICE
COMPANY d/b/a AMEREN CIPs
By:
Geoffrey D. Douglass, Director, Real Estate
STATE OF MISSOURI
SS
CITY OF ST. LOUIS
I,�'�-` `COI. 7ib a notary public in and for said City and State, do hereby certify
that Geoffrey D. Douglass of AMEREN ILLINOIS COMPANY d/b/a AMEREN ILLINOIS, an Illinois
corporation f/k/a CENTRAL ILLINOIS PUBLIC SERVICE COMPANY d/b/a AMEREN CIPs, who is
personally known to me to,be the same person whose name is subscribed to the foregoing instrument, as
such Director, Real Estate, appeared before me this day in person, and acknowledged that he signed and
delivered the said instrument as his free and voluntary act and as the free and voluntary act of said
Corporation, for the uses and purposes therein set forth.
GIVEN under my hand and notarial seal thisay of A.D., 20 .
Not � i
My commission expires U ;q 3 ;cam 130�CKS0�
JESSI AS,
Featherstone NOTARY PUBIC--NOTARY-SEAL
Canton MGP STATE OF MISSOURI
File#P918.2 COMMISSIONED EOR.ST:LOUT$CITY
12/22/21 MY COMMISSION EXPIRES JUL.22,2023
ID#E19217S19
DOCUMENTARY STAMP
"exempt under provisions of Paragraph "e" ,Section 31-45,Property Tax Code(35 ILCS 200/31-
45)."
Da e Bu fir, eHer or a resentativ
i
Rev.12/21/2011 Page 2 of 5
EXHIBIT "A"
0.615 Acre parcel
PIN 09-08-28-408-014 and 09-08-28-408-040
No Common Address
A part of the Southeast Quarter of Section 28, Township 7 North, Range 4 East of the Fourth Principal
Meridian, Fulton County, Illinois, more particularly described as follows and bearings are for descriptive
purposes only:
Commencing at the Northeast corner of the Southeast Quarter of Section 28, thence along the east line of
said Section 28 bearing South 00 degrees 34 minutes 38 seconds West, a distance of 844.77 feet to the
projection of the south right-of-way line of Illinois State Route 9,thence along said projection and said south
right-of-way line bearing South 89 degrees 50 minutes 53 seconds West, a distance of 347.29 feet to the
Point of Beginning of the parcel to be described:
From said Point of Beginning, thence bearing South 00 degrees 13 minutes 43 seconds East, a distance
of 176.53 feet to the north line of Homewood Addition Block 2; thence along said north line bearing South
89 degrees 24 minutes 34 seconds West, a distance of 183.91 feet to the southwest corner of the City of
Canton Property; thence along the westerly line of said City of Canton Property bearing North 00 degrees
32 minutes 26 seconds East, a distance of 36.96 feet; thence continuing along said westerly line bearing
North 29 degrees 39 minutes 06 seconds East, a distance of 162.57 feet to said south right-of-way line;
thence along said south right-of-way line bearing North 89 degrees 50 minutes 53 seconds East,a distance
of 102.42 feet;to the Point of Beginning, containing 0.615 acres more or less.
0.305 Acre parcel
PIN 09-08-28-408-042
No Common Address
A part of the Southeast Quarter of Section 28, Township 7 North, Range 4 East of the Fourth Principal
Meridian, Fulton County, Illinois, more particularly described as follows and bearings are for descriptive
purposes only:
Commencing at the Northeast Corner of the Southeast Quarter of Section 28,thence along the east line of
said Section 28 bearing South 00 degrees 34 minutes 38 seconds West, a distance of 844.77 feet to the
projection of the south right-of-way line of Illinois State Route 9,thence along said projection and said south
right-of-way line bearing South 89 degrees 50 minutes 53 seconds West, a distance of 449.71 feet;thence
along said south right-of-way line bearing South 29 degrees 39 minutes 06 seconds West, a distance of
28.81 feet to the northeast corner of the Hicksgas Canton, Inc., property and the Point of Beginning of the
parcel to be described.
From said Point of Beginning; thence along the East line of said Hicksgas Canton, Inc., property bearing
South 29 degrees 39 minutes 06 seconds West, a distance of 107.79 feet to the southeast corner of said
Hicksgas Canton, Inc.,property;thence along the south line of said Hicksgas Canton, Inc., property bearing
South 89 degrees 50 minutes 53 seconds West,a distance of 142.91 feet;thence bearing North 38 degrees
49 minutes 30 seconds East, a distance of 152.48 feet to said south right-of-way line; thence along said
south right-of-way line for the next three courses bearing North 89 degrees 50 minutes 53 seconds East, a
distance of 28.08 feet; thence bearing South 00 degrees 09 minutes 07 seconds East, a distance of 25.00
feet; thence bearing North 89 degrees 50 minutes 53 seconds East, a distance of 72.50 feet to the Point of
Beginning, containing 0.305 acres more or less.
Rev.12/21/2011 Page 3 of 5
EXHIBIT "B"
• Agreement and Easement given to the City of Canton, IL for sanitary sewer purposes
dated April 30, 1964 and recorded October 2, 1964 in Book 743 on Page 584.
• Sewer Easement given to the City of Canton, IL dated October 4, 1984 and recorded
January 7, 1985 in Book 968 on Page 140.
• Access Easement from the City of Canton, Illinois and given to Central Illinois Public
Service Company d/b/a AmerenCIPS dated June 3, 2003 and recorded September 10,
2003 as Document No. 0333147.
• Permanent Restriction as contained in Warranty Deed dated October 17, 2003 and
recorded October 27, 2003 as Document No. 0334379.
• Environmental No Further Remediation Letter recorded December 13, 2012 as Document
No. 1251307.
• Rights, if any, of the United States of America, the State of Illinois and the municipality
in and to so much, if any, of the land as may have been formed by means other than
natural accretions and to so much, if any, as may be covered by the waters of Big Creek.
(Parcel 2)
• Rights, if any, of the adjacent property owners in and to the free and unobstructed flow of
the water of Big Creek, a part of which is located adjacent to or within the insured
premises. (Parcel 2)
• Consequences of the meandering of Big Creek.
• Rights, if any, of adjoining and contiguous owners to have maintained the uninterrupted
flow of any stream across the premises.
Rev. 12/21/2011 Page 4 of 4
v
TO BE FILED WITH THE FULTON COUNTY RECORDER OF DEEDS
AFFIDAVIT FOR PURPOSE OF ILLINOIS PLAT ACT REQUIREMENTS
THIS IS A LEGAL DOCUMENT—PLEASE CONSULT YOUR ATTORNEY
(Zoning&Subdivision Ordinances May Also Apply))
PARCEL NUMBER:b q_t7g-�5- 0)"I t I 0
Grantor or Grantor's Attorney authorized representative in a deed transferring interest in the real estate described in the accompanying deed and
further states this transfer IS EXEMPT FROM THE ILLINOIS PLAT ACT(765 ILCS 205)BECAUSE OF THE FOLLOWING:
A DIVISION OF LAND-PARCEL BOUNDARIES REMAIN UNCHANGED(The Recorder will proceed with recording the deed and no
further questions apply. County Plat Officer signature Is NOT required. Please sign below and have notarized) i
❑ A.DIVISION OF LAND THAT MEETS ONE OF THE FOLLOWING EXCEPTIONS - APPROVAL BY COUNTY PLAT OFFICER (OR
DESIGNEES REQUIRED ALONG WITH APPLICABLE FEE PRIOR TO RECORDING:
❑ The divisions or subdivision of land into parcels or tracts of 5 acres or more in size which does not involve any new streets or
easements of access.
❑ The division of lots or blocks of less than 1 acre in any recorded subdivision which does not involve any new streets or easements of
access.
❑ The sale or exchange of parcels of land between owners of adjoining and contiguous land. I
❑ The conveyance of parcels of land or interest therein for use as a right of way for railroads or other public utility facilities and other pipe -
lines which does not involve any new streets or easements of access.
❑ The conveyance of land for highway or other public purposes or grants or conveyances relating to the dedication of land for public use or
instruments relating to the vacation of land impressed with a public use.
❑ Conveyances made to correct descriptions in prior conveyances.
❑ The sale or exchange of parcels or tracts of land following the division into no more than 2 parts of a particular parcel or tract of land
existing on July 17,1959 and not involving any new streets or easements of access.
❑ The sale of a single lot of less than 5 acres.from a larger tract when a survey is made by an Illinois Registered Land Surveyor; provided
that this exemption shall not apply to the sale of any subsequent lots from the same larger tract of land, as determined by the dimensions
and configuration of the larger tract on October 1, 1973,and provided also that this exemption does not invalidate any local requirements
applicable to the subdivision of land.
❑ The preparation of a plat for wind energy devised under section 10-620 of the Property Tax Code.
❑ Division meets criteria for agricultural exemption
I swear to the best of my knowledge that the statements contained herein are true and correct. Grantor/Grantor's Attorney further states
that this affidavit for the purpose of Indicating to THE RECORDER OF DEEDS OF FULTON COUNTY,ILLINOIS,that the conveyance by the
attached instrument is within,and in compliance with,the provisions of the Illinois Plat Act.
Name: �{'t / 01 VVt Signat re: cn ti Date:
Name: Signatu e: Date:
Subscribed and sworn to before me this �day of 20 c-
"OFFICIAL SEAL"
REBECCA C. BINKLEY �6
NOTARY PUBLIC,STATE OF ILLINOIS
MY COMMISSION EXPIRES 02-08.2023 Notary Pub c
Approval for State Plat Act,County Subdivision and Zoning Code Purposes: SURVEY REQUIRED FOR RECORDING: Yes❑ No❑
Fulton County Plat Officeridesignee: Date:
(NOTE: County Plat Officer signature required for properties pUll r in the UNINCORPORATED areas of Fulton County)
CHICAGO TITLE m
INSURANCE COMPANY
Policy No.: 4555-1-CT 6529-2022.72306-226355611
OWNER'S POLICY OF TITLE INSURANCE
Issued by
CHICAGO TITLE INSURANCE COMPANY
Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy
must be given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE
CONDITIONS, CHICAGO TITLE INSURANCE COMPANY, a Florida corporation, (the "Company") insures as of Date of Policy and,
to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of
Insurance, sustained or incurred by the Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss
from
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or
delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified, expired, or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts
by electronic means authorized by law; or
(vii)a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but
unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments
of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing
improvements located on adjoining land.
3. Unmarketable Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to
building and zoning) restricting, regulating, prohibiting, or relating to
(a) the occupancy, use, or enjoyment of the Land;
(b) the character, dimensions, or location of any improvement erected on the Land;
(c) the subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to
enforce, but only to the extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice
of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of
the enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in
the Public Records.
S. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without
Knowledge.
9. Title being vested other than as stated Schedule A or being defective
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer
of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown
in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy,
state insolvency, or similar creditors' rights laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under
federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the
Public Records
72306 ALTA Owners Policy 06/17/06_306
Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any
derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
Page 1
(i) to be timely, or
(ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been
created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the
recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this
Policy, but only to the extent provided in the Conditions
IN WITNESS WHEREOF, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly
authorized officers.
CHICAGO TITLE INSURANCE COMPANY
Counters' ned:
n
Authorized Officer (Agent By:
Faiq Mihlar
Heavner, Beyers & Mihlar, LLC �� "'�F Randy R. Quirk
145 South Water St 'i:� ` President
IL 62523 sEat'`
Decatur, �
Tel:217-422-1719
Fax:217-422-2919
Attest:
Marjorie Nemzura
Secretary
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage,
costs, attorneys'fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting,
regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not
modify or limit the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk
6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and
not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an
Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under
Covered Risk 9 and 10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the
transaction vesting the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching
between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests
Title as shown in Schedule A.
CONDITIONS
72306 ALTA Owners Policy 06/17/06_306
Copyright 2006-2016 American Land Title Association. All rights reserved.The use of this Form (or any
derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. '
All other uses are prohibited. Reprinted under license from the American Land Title Association.
Page 2
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a)"Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this
policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions.
(b)"Date of Policy": The date designated as'Date of Policy" in Schedule A.
(c)"Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity.
(d)"Insured": The Insured named in Schedule A.
(i) The term "Insured" also includes
(A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devi
sees, survivors, personal representatives, or next of kin;
(B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization;
(C) successors to an Insured by its conversion to another kind of Entity;
(D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the
Title
(1)if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named
Insured,
(2)if the grantee wholly owns the named Insured,
(3)if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the
named Insured are both wholly-owned by the same person or Entity, or
(4)if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured
named in Schedule A for estate planning purposes.
(ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the
Company would have had against any predecessor Insured.
(e)"Insured Claimant": An Insured claiming loss or damage.
(f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by
reason of the Public Records or any other records that impart constructive notice of matters affecting the Title.
(g)"Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land"
does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or
easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but this does not modify or limit the extent that
a right of access to and from the Land is insured by this policy.
(h)"Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic
means authorized by law.
(i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive
notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d),
"Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District
Court for the district where the Land is located.
(j) "Title": The estate or interest described in Schedule A.
(k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee
of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition
requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE
The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured
retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser
from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the
Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the
Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these
Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title,
as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title,
as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide
prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice.
4. PROOF OF LOSS
In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as
a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien,
encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the
extent possible, the basis of calculating the amount of the loss or damage.
S. DEFENSE AND PROSECUTION OF ACTIONS
(a)Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company,
at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party
72306 ALTA Owners Policy 06/17/06_306
Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any
derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association. '`
Page 3
asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action
alleging matters
insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the
Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and
will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the
defense of those causes of action that allege matters not insured against by this policy.
(b)The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to
institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to
establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate
action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an
admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must
do so diligently.
(c)Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may
pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole
discretion, to appeal any adverse judgment or order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE
(a)In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or
proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action
or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the
Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining
witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the
opinion of the Company may be necessary or desirable to establish the Title, or any other matter as insured. If the Company is
prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the
policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the
matter or matters requiring such cooperation.
(b)The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized
representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as
may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including
books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before
or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of
the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to
examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or
damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section
shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the
claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or
grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited
by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY
In case of a claim under this policy, the Company shall have the following additional options:
(a)To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and
expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of
payment and that the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy,
other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend,
prosecute, or continue any litigation.
(b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant.
(i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under
this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that
were authorized by the Company up to the time of payment and that the Company is obligated to pay; or
(ii)To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with
any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time
of payment and that the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's
obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall
terminate, including any liability or obligation to defend, prosecute, or continue any litigation.
8. DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant
who has suffered loss or damage by reason of matters insured against by this policy.
(a)The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of
(i) the Amount of Insurance; or
72306 ALTA Owners Policy 06/17/06_306
Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any
derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
Page 4
(ii)the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by
this policy.
(b)If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as
insured,
(i) the Amount of Insurance shall be increased by 10%, and
(ii)the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was
made by the Insured Claimant or as of the date it is settled and paid.
(c)In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and
expenses incurred in accordance with Sections 5 and 7 of these Conditions.
9. LIMITATION OF LIABILITY
(a)If the Company establishes the Title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of
access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any
method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that
matter and shall not be liable for any loss or damage caused to the Insured.
(b)In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have
no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of
all appeals, adverse to the Title, as insured.
(c)The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in
settling any claim or suit without the prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY
All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of
Insurance by the amount of the payment.
11. LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which
exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an
Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the
Insured under this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment
shall be made within 30 days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(a)Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the
rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has
against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the
Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company
of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the
Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and
remedies.
If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the
exercise of its right to recover until after the Insured Claimant shall have recovered its loss.
(b)The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of
insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights.
14. ARBITRATION
Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to
the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there
shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not
limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in
connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the
transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be
arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess
of$2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy
and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered
in any court of competent jurisdiction.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT
(a)This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between
the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole.
72306 ALTA Owners Policy 06/17/06_306
Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any
derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
Page 5
(b)Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be
restricted to this policy.
(c)Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or
expressly incorporated by Schedule A of this policy.
(d)Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and
provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii)
modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance.
16. SEVERABILITY
In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy
shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force
and effect.
17. CHOICE OF LAW; FORUM
(a)Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined
the premium charged therefore in reliance upon the law affecting interests in real property and applicable to the interpretation,
rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located.
Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity
of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case
shall the court or arbitrator apply its conflicts of law principles to determine the applicable law.
(b)Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a
state or federal court within the United States of America or its territories having appropriate jurisdiction.
18. NOTICES, WHERE SENT
Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must
be given to the Company at CHICAGO TITLE INSURANCE COMPANY, Attn: Claims Department, P.O. Box 45023, Jacksonville, FL
32232-5023.
72306 ALTA Owners Policy 06/17/06_306
Copyright 2006-2016 American Land Title Association. All rights reserved.The use of this Form (or any
derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
Page 6
OWNER'S POLICY OF TITLE INSURANCE
Issued by
Chicago Title Insurance Company
SCHEDULE A
Name and Address of Title Insurance Company:
CHICAGO TITLE INSURANCE COMPANY
10 South LaSalle Street,Suite 3100,Chicago, 60603
File No.: 6529 Policy No.: 72306-226355611
Address Reference: Industrial Land,Canton,IL 61520
Amount of Insurance: $30,000.00
Date of Policy: January 7,2022,at 11:45am
1. Name of Insured:
City of Canton
2. The estate or interest in the Land that is insured by this policy is:
Fee Simple
3. Title is vested in:
City of Canton
4. The Land referred to in this policy is described as follows:
Parcel 1: A part of the Southeast Quarter of Section 28,Township 7 North,Range 4 East of the Fourth Principal
Meridian,Fulton County,Illinois,more particularly described as follows and bearings are for descriptive purposes
only:
Commencing at the Northeast corner of the Southeast Quarter of Section 28,thence along the East line of said Section
28 bearing South 00 degrees 34 minutes 38 seconds West,a distance of 844.77 feet to the projection of the South right-
of-way line of Illinois State Route 9,thence along said projection and said South right-of-way line bearing South 89
degrees 50 minutes 53 seconds West,a distance of 347.29 feet to the Point of Beginning of the parcel to be described:
From said Point of Beginning,thence bearing South 00 degrees 13 minutes 43 seconds East,a distance of 176.53 feet to
the North line of Homewood Addition Block 2; thence along said North line bearing South 89 degrees 24 minutes 34
seconds West,a distance of 183.91 feet to the Southwest corner of the City of Canton Property; thence along the
Westerly line of said City of Canton Property bearing North 00 degrees 32 minutes 26 seconds East,a distance of
36.96 feet; thence continuing along said Westerly line bearing North 29 degrees 39 minutes 06 seconds East,a distance
of 162.57 feet to said South right-of-way line; thence along said South right-of-way line bearing North 89 degrees 50
minutes 53 seconds East,a distance of 102.42 feet; to the Point of Beginning. Situated in Fulton County,Illinois.
Issuing Agent:
Central Illinois Title Company
145 S.Water St.,Decatur,Illinois 62523
217-422-1719
AM E RI CA.N
LAND TITLE
ASSOCIATION
Copyright 2006-2009 American Land TitleAssociation. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members
in good standing as of the date of use. All other uses are prohibited. TM
Reprinted under license from the American Land Title Association.
ALTA Owner's Policy(6-17-06)(IL) Page 1
Schedule A
Policy No.: 72306-226355611
SCHEDULE A
Continued
Parcel 2: A part of the Southeast Quarter of Section 28,Township 7 North,Range 4 East of the Fourth Principal
Meridian,Fulton County,Illinois,more particularly described as follows and bearings are for descriptive purposes
only:
Commencing at the Northeast Corner of the Southeast Quarter of Section 28,thence along the East line of said
Section 28 bearing South 00 degrees 34 minutes 38 seconds West,a distance of 844.77 feet to the projection of the
South right-of-way line of Illinois State Route 9,thence along said projection and said South right-of-way line bearing
South 89 degrees 50 minutes 53 seconds West,a distance of 449. 71 feet; thence along said South right-of-way line
bearing South 29 degrees 39 minutes 06 seconds West,a distance of 28.81 feet to the Northeast corner of the Hicksgas
Canton,Inc.,Property and the Point of Beginning of the parcel to be described.
From said Point of Beginning; thence along the East line of said Hicksgas Canton,Inc.,Property bearing South 29
degrees 39 minutes 06 seconds West,a distance of 107.79 feet to the Southeast corner of said Hicksgas Canton,Inc.,
Property; thence along the South line of said Hicksgas Canton,Inc.,Property bearing South 89 degrees 50 minutes 53
seconds West,a distance of 142.91 feet; thence bearing North 38 degrees 49 minutes 30 seconds East,a distance of
152.48 feet to said South right-of-way line; thence along said South right-of-way line for the next Three courses
bearing North 89 degrees 50 minutes 53 seconds East,a distance of 28.08 feet;thence bearing South 00 degrees 09
minutes 07 seconds East,a distance of 25.00 feet; thence bearing North 89 degrees 50 minutes 53 seconds East,a
distance of 72.50 feet to the Point of Beginning.Situated in Fulton County,Illinois.
Countersigned
Cent Illinois Title Company
C r
By
Authorized ignature
Issuing Agent.-
Central Illinois Title Company
145 S.Water St.,Decatur,Illinois 62523
217-422-1719
AMERICAN
LAND TITLE
ASSOCIATION
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members �.
in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
ALTA Owner's Policy(6-17--06)(IL) Page 2
Schedule A
OWNER'S POLICY OF TITLE INSURANCE
Issued by
Chicago Title Insurance Company
SCHEDULE B
File No.: 6529 Policy No.: 72306-226355611
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs,attorneys'fees, or expenses that arise by
reason of:
1. Any facts,rights, interests or claims which are not shown by the public records but which could be ascertained by an
inspection of said land or by making inquiry of persons in possession thereof.
2. Any lien or right to a lien,for services,labor or material theretofore or hereafter furnished, imposed by law and not shown by
the public records.
3. Encroachments, overlaps,boundary line disputes and any matters which would be disclosed by an accurate survey and
inspection of the premises.
4. Rights of parties in actual possession of all or any part of the premises.
5. Easements or claims of easements,not shown by the public records.
6. Taxes for the year 2021 and thereafter.
First Installment 2020 taxes in the amount of$227.95 has been paid.
Second Installment 2020 taxes in the amount of$227.95 has been paid.
Taxes for the year 2021 are not yet due or payable.
Permanent Index No.09-08-28-408-014(Part of Parcel 1)
First Installment 2020 taxes in the amount of$136.87 has been paid.
Second Installment 2020 taxes in the amount of$136.87 has been paid.
Taxes for the year 2021 are not yet due or payable.
Permanent Index No. 09-08-28-408-040(Part of Parcel 1)
First Installment 2020 taxes in the amount of$125.73 has been paid.
Second Installment 2020 taxes in the amount of$125.73 has been paid.
Taxes for the year 2021 are not yet due or payable.
Permanent Index No. 09-08-28-408-042(Parcel 2)
Issuing Agent.
Central Illinois Title Company
145 S.Water St.,Decatur,Illinois 62523
217-422-1719
AM ERI CAN
LAND TITLE
Copyright 2006-2009 American Land Title Association. All rights reserved. ASSOCIATION
The use of this Form is restricted to ALTA licensees and ALTA members
in good standing as of the date of use. All other uses are prohibited. .m
Reprinted under license from the American Land Title Association.
ALTA Owner's Policy(6-17-06)(IL) Page 3
Schedule B
Policy No.: 72306-226355611
SCHEDULE B
Continued
7. Agreement and Easement given to the City of Canton,IL for sanitary sewer purposes dated April 30, 1964 and
recorded October 2, 1964 in Book 743 on Page 584.
8. Sewer Easement given to the City of Canton,IL dated October 4, 1984 and recorded January 7, 1985 in Book 968 on
Page 140.
9. Permanent Restriction as contained in Warranty Deed dated October 17,2003 and recorded October 27,2003 as
Document No. 0334379.
10. Environmental No Further Remediation Letter recorded December 13,2012 as Document No. 1251307.
11. Rights,if any,of the United States of America,the State of Illinois and the municipality in and to so much, if any,of
the land as may have been formed by means other than natural accretions and to so much,if any,as may be covered
by the waters of Big Creek.(Parcel 2)
12. Rights, if any,of the adjacent property owners in and to the free and unobstructed flow of the water of Big Creek,a
part of which is located adjacent to or within the insured premises,and Rights,if any,of adjoining and contiguous
owners to have maintained the uninterrupted flow of any stream across the premises. (Parcel 2)
13. Consequences of the meandering of Big Creek.
14. This Policy only covers Uniform Commercial Code filings made in the County Recorder's Office.No examination has
been made of the Secretary of State's filings which may affect the property in question.
Issuing Agent:
Central Illinois Title Company
145 S.Water St.,Decatur,Illinois 62523
217-422-1719
AMERICAN
LAND TITLE
Copyright 2006-2009 American Land Title Association. All rights reserved. ASSOCIATION
The use of this Form is restricted to ALTA licensees and ALTA members
in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
ALTA Owner's Policy(6-17-06)(IL)
Page 4
Schedule B