HomeMy WebLinkAboutResolution #5443 RESOLUTION NO. 5443
A RESOLUTION AUTHORIZING SALE OF SURPLUS PUBLIC REAL ESTATE
LOCATED AT OR ABOUT 920 W. LOCUST STREET
WHEREAS, the City of Canton, Fulton County, Illinois ("City"), is a non-home rule
unit of government;
WHEREAS, Section 11-76-4.1 of the Illinois Municipal Code (65 ILCS 5/11-76-4.1)
provides:
Sale of surplus real estate. The corporate authorities of a municipality by resolution may
authorize the sale or public auction of surplus public real estate. The value of the real
estate shall be determined by a written MAI certified appraisal or by a written certified
appraisal of a State certified or licensed real estate appraiser. The appraisal shall be
available for public inspection. The resolution may direct the sale to be conducted by the
staff of the municipality;by listing with local licensed real estate agencies,in which case
the terms. of the agent's compensation shall be included in the resolution; or by public
auction.The resolution shall be published at the first opportunity following its passage in
a newspaper published in the municipality or, if none, then in a newspaper published in
the county where the municipality is located. The resolution shall also contain pertinent
information concerning the size, use, and zoning of the real estate and the terms of sale.
The corporate authorities may accept any contract proposal determined by them to be in
the best interest of the municipality by a vote of two-thirds of the corporate authorities
then holding office, but in no event at a price less than 80%of the appraised value.
WHEREAS, the City currently owns the following described surplus real estate I
(hereinafter the "Surplus Real Estate")
TRACT 1:
A part of the Southeast Quarter of Section 28,Township 7 North,Range 4 East of the Fourth
Principal Meridian,in the County of Fulton and State of Illinois,more particularly described
as follows and bearing are for descriptive purposes:
Commencing at the Northwest corner of said Southeast Quarter marked by a drill hold,
thence bearing South 0 degrees 55 minutes 00 seconds West,a distance of 446.31 feet along
the West line of said Southeast Quarter to the Actual Point of Beginning; thence along the
Southerly right-of-way line of State Route 9 for the next four courses, bearing South 89
degrees 05 minutes 00 seconds East, a distance of 25.99 feet; thence bearing North 58
degrees, 43 minutes 26 seconds East, a distance of 31.80 feet; thence bearing South 63
degrees 16 minutes 24 seconds East, a distance of 145.10 feet; thence bearing South 57
degrees 22 minutes 24 seconds East, a distance of 28.50 feet;thence leaving said Southerly
right-of-way line, bearing South 0 degrees 55 minutes 00 seconds West, a distance of
158.62 feet; thence bearing South 89 degrees 49 minutes 02 seconds West, a distance of
207.81 feet to said West Quarter Section line; thence bearing North 0 degrees 55 minutes
00 seconds East, a distance of 223.83 feet along said West Quarter Section line to the Point
of Beginning.
TRACT 2:
Part of the Southeast Quarter, Section 28, Township 7 North, Range 4 East of the Fourth
Principal Meridian, Fulton County, Illinois,being more particularly described as follows:
Commencing at the Northwest corner of said Southeast Quarter marked by a drill hole;
thence bearing South 0 degrees 55 minutes 00 seconds West,a distance of 670.14 feet along
the West line of said Southeast Quarter to a point; thence bearing North 89 degrees 49
minutes 02 seconds East,a distance of 207.81 feet to the Actual Point of Beginning marked
by an iron pin; thence bearing North 0 degrees 55 minutes 00 seconds East, a distance of
158.62 feet to the South right-of-way line of Illinois State Route 9 marked by an iron pin;
thence bearing South 57 degrees 22 minutes 24 seconds East, a distance of 221.98 feet
along said right-of-way line to a point marked by an iron pin; thence bearing South 87
degrees 13 minutes 24 seconds East, a distance of 92.40 feet along said right-of-way line
to a point marked by an iron pin; thence bearing South 0 degrees 50 minutes 36 seconds
West,a distance of 3 3.5 5 feet along said right-of-way line to a point marked by an iron pin;
thence bearing South 89 degrees 49 minutes 02 seconds West, a distance of 281.29 feet to
the Point of Beginning.
PIN(s): 09-08-28-404-001; 09-08-28-404-002
Common Address: 920 W. Locust Street, Canton,IL 61520
WHEREAS,the corporate authorities desire to dedicate, vacate, or otherwise reserve a
portion of the Surplus Real Estate to be utilized as a right-of-way or roadway and to sell the
remaining portion;
WHEREAS, except as stated in the preceding recital, the corporate authorities, by this
Resolution, have determined that the Surplus Real Estate is no longer necessary, appropriate,
required for the use of,profitable to, or for the best interests of the City;
WHEREAS, the Surplus Real Estate has been appraised by Chad A. Beekman, a
Certified General Real Estate Appraiser, and his appraisal indicates a fair market value of Sixty-
Five Thousand and No/100 Dollars ($65,000.00) (the "Appraised Value");
WHEREAS, the Surplus Real Estate is currently vacant, other than being utilized for
parking and storage;
WHEREAS,the corporate authorities previously adopted Resolution No.5439, on June
12, 2023, to sell the above-mentioned Surplus Real Estate, but the City did not receive any
proposals in accordance with the terms of said Resolution;
WHEREAS, the corporate authorities have determined that it is in the best interests of
the City to sell the Surplus Real Estate for further commercial or industrial development.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COUNCIL OF THE CITY OF CANTON, FULTON COUNTY, ILLINOIS AS FOLLOWS:
1. That the Recitals set forth above, and all facts and statements contained therein,
are found to be true and correct and are hereby incorporated and adopted as part of this
Resolution;
2. Any parties interested in submitting a proposal to purchase the Surplus Real
Estate, on the terms and conditions set forth herein, must submit their proposal to the Mayor's
Office, in writing,no later than September 15,2023. Said proposal must include the substantive
terms below, any additional proposed terms and conditions (including whether they are
negotiable), and the purchaser's proposed use of the Surplus Real Property.
3. The City Clerk shall cause this Resolution to be published at the first opportunity
following its passage in a newspaper published in the municipality, or if none, then in a
newspaper published in Fulton County.
4. The substantive terms of the sale of the Surplus Real Estate shall be as follows:
Purchase Price:No less than Fifty-Two Thousand and No/100 Dollars
($52,000.00),being 80% of the Appraised Value
Size of Real Estate: Approximately 1.26 acres excepting therefrom a portion of
thereof be dedicated,vacated or otherwise reserved to be utilized as a right-of-
way or roadway, as determined by the City. The legal description for said portion
is to be determined.
Zoning: The Surplus Real Estate is currently zoned B-2 (General Business). The
proposal may include requirements for re-zoning to another business or
industrial zoning classification.
Use: The Surplus Real Estate shall be used solely for commercial or industrial
purposes.
Closing Date: On or before October 31,2023,unless extended by agreement of the
City
Restrictions/Covenants: Upon closing, the Surplus Real Estate may be
encumbered by restrictions and/or covenants satisfactory to the City to
ensure development of the Surplus Property. The sale of the Surplus Real
Estate shall be subject to a portion of the above-described Surplus Real
Estate being dedicated, vacated, or otherwise reserved to be utilized as a
right-of-way or road, as the City determines in its discretion. The legal
description for said portion is to be determined.
5. The Purchase price shall not be any less than 80% of the appraised value.
6. The sale of the Surplus Real Estate shall be conducted by the Mayor, being staff of the
City of Canton.
7. Additional terms and conditions may be negotiated by and between the City and the
proposed purchaser prior to approval of the final purchase contract.
8. The City Clerk shall cause the appraisal to be available for public inspection at the Office
of the City Clerk, 2 N. Main Street, Canton, IL 61520, during normal business hours through September
15, 2023.
9. The City hereby reserves the right to accept and/or reject any contract proposal determined
to be in the best interest of the City of Canton.
10. The final purchase contract accepted by the City shall be subject to a vote of two-thirds
(2/3) of the corporate authorities then holding office.
11. Resolution No. 5439 is superseded by this Resolution and is further repealed.
12. This Resolution shall be in full force and effective immediately upon its passage by the
City Council of the City of Canton and approval by the Mayor thereof.
PASSED AND APPROVED THIS 15th day of August, 2023.
AYES: Mayor Kent McDowell,Alderpersons Grimm,Nelson, Lovell,Hale, Gossett,Ketcham,
Lingenfelter
NAYES:None
ABSENT: Alderperson-Chamberlin
APP OVAED�:,
�'V lJl,
Ke4 McD well Mayor
A T:
Al
�rea J. Wal ers-Smith, City Clerk