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HomeMy WebLinkAboutResolution #216RESOLUTION~o~~~ WHEREAS, it has been made to appear to tt~e City Council of the City of Canton, Illinois, a Mun~eipal Corporation, that a certain deed, heretofore filed in the Office of the Recorder of Deeds of Fulton County, Illinois on the 28th day of May, 1941 and there recorded as Instrument No. 2139076 in Volume 4137 on page 211 of the Laced Records of said County, transferred or conveyed title to the folloxing described realty: Lots Numbered Eleven (11) and 'fxelve (12) in Fishers Addition to the City of Canton, Fulton County, Illinois; and, WHEREAS, it appears from ,said deed, by reason of certain language therein con- tained, that it may be construed, thought, believed or asserted that said City ©f Canton, Illinois, a Municipal Corporation, may be a grantee therein intended and, as such, thereby to bane some vested right, title or interest in and to said malty; and, WHEREAS, it appears from a search of the records of said City of Canton, Illinois that said City never paid any part of ttte purchase price of said realty; xas not a party to the transaction giving rise to said deer; and has never occupied, used, or received any income from said realty; and, WHEREAS, it further appears that Baia City in fact neither has nor nox claims any right, title or interest in and to sand realty, either in lax or equity, xhether by possession, claim of possession, or in any other manner xhatsoever, by reason of said deed or any other instrument or act; and, Wt1EREAS, it has been made to further appear that ~YOODROW VAN MID~LESWORTH and FLOYD J. VAN MIDDLESwORTH, of the City of Canton, County of Fulton and Mate of Illinois, nox rightfully claim and assert themselves the oxners of said realty, bath in lax and in equity; and, WEEREsS, it appears that the merchaatabitity of title is: said oxners of said realty has, in Yact, beau questioucd by reason of the deed hcreinabove mentioned by reason twat language therein contained has been construed to import that sain City of Canton may have an interest in said realty; and, V1~iERr;AS, conaiderata.ons of truth and good conscience importune an affirmative declaration ~f the interest of said City in said realty in order to resolve and re- move cloud on title thereof by said deed arising, THEREFORE, SE IT RF,SOLVED, and it is hereby resolved, by the CITY COUNCIL OF THE CITY OF CANTON, ILLINOIS: That the City of Canton, Illinois, a Municipal Corporation, does hereby declare that it has no right, title, interest, claim or demand xhatsoever, xhetner in lax or in equity, in and to said re~-lty by reason of said deed arising; and, That the Mayor of the City of Canton, Illinois and the City Clerk thereof be, and they hereby are, authorized and directed to make, execute and deliver to the legal oxners of said realty any instrument or instruments in xriting necessary or proper to disclaim and effect a disclaimer of any interest of sand City in and to said realty by said dced arising and, thereby, to perfect the •erchantabi.~ity of said title, in so far as said City is concerned, in said oxners. BE IT FURTHER RE50LVED, and it is hereby resolved, that such disclaimer may be substantially in the fo'lloxing xords and figures: "KNOW ALL MEN BY THESE PRESENTS: 'NHEREAS, it appears from a RESuLUTION, passed at a regular meeting of the City Coua- cil of the City of Canton, Illinois, held on the 1$th day of March, A. D. 1958 and approved by the Mayor of said City on said data, this instrument was authorized aad that the Mayor and City Clerk of said City were thereby authorized and dirscted to make, execute and deliver this instrument, NOW, THEREFORE, the CITY OF CANTUAt, TLLIlvOIS, A MUNICIPAL CORPORATION, does hereby relinquish, waive and disclaim to WOUDROW VArt MIDDLr:SW08TH and FLOYD J. VAN MIDDLE.SW08TH~ of the City of Canton, County of Fulton and State of Illinois, all of its right, title, claim, demand and interest, in law and is equity, in and to the following described realty, to-wit:. Lots Numbered Eleven (11) and Twelre (12) in Fisher~a Addition to the City of Canton, Fulton County Illinois."' PASSED by the City Council and approved by the Mayor this 18th day of Mauch, A. D. iy58. APPROVED: ATTEST: