HomeMy WebLinkAboutResolution #3965 RESOLUTION NO 3965
A RESOLUTION APPROVING DEMOLITION OF IMPROVEMENTS TO REAL
PROPERTY LOCATED AT 42 WEST CHESTNUT, CANTON, ILLINOIS
WHEREAS, the CITY OF CANTON, is an Illinois Municipal Corparation lawfully
organized to operate in Illinois and located within Fulton County, Illinois.
WHEREAS, 65 ILCS 5/11-31-1 et. seq. empowers municipalities to demolish, repair and
cause the demolition or repair of dangerous and unsafe buildings; and further empowers
municipalities to apply to the Circuit Court for an Order to demolish, obtain a personal judgment
for costs of demolition and the legal action, and obtain a lien on said premises and to foreclose
the same; and
WHEREAS, Linda M. Ashwood is the owner of record of a parcel of real property
commonly known as 42 West Chestnut Street, Canton, Illinois, and more fully described as:
Legal Description: A part of Lot Number Sixteen (16) in Jones' First Addition; and a strip of
surplus land running along the South side of West Chestnut Street, known as the gore, described
as follows: Commencing at a point 8 inches North of the intersection of the West line of an alley
between Lots 16 and 15 in said Addition, and the South line of West Chestnut Street, running
thence South along the West line of said alley 127.75 feet, more or less, to the South line of said
Lot 15, thence West 23 feet, thence North to a point 23 feet West of the place of beginning;
thence Ease to the place of beginning, all situated in the City of Canton, in the County of Fulton,
State of Illinois. ALSO: A strip of land 2 feet wide off of the East side of the center part of Lot
16 in Jones' First Addition to the City of Canton, Fulton County, Illinois and more particularly
described as follows: Beginning 23 feet West of the Northeast corner of said Lot 16, thence West
2 feet, thence South to the South line of said Lot, thence East 2 feet, thence North to the place of
beginning, situated in the City of Canton, Fulton County, Illinois.
Permanent Tax Index Number: 09-08-27-412-003
WHEREAS, MS Investment Group, Inc. brought the 2009 delinquent taxes on October
22, 2010 via sales certificate number 20090255; and
WHEREAS, the residential real property described above contains a dangerous and
unsafe building as well as hazardous, noxious or unhealthy substances upon such real property;
and
WHEREAS, notices to remediate the dangerous, unsafe and unhealthy conditions were
provided to Linda M. Ashwood and MS Investment Group, Inc.; and
WHEREAS, Linda M. Ashwood was served with a copy of the Notice to Remediate via
certified mail, return receipt requested at her last known address whereby the parcel was signed
for; and ~
WHEREAS, MS Investment Group, Inc. was served with a copy of the Notice to
Remediate via certified mail, return receipt requested at its last known address whereby the
parcel was signed for; and
WHEREAS, at least 15 days have passed since the owner and lienholder(s) of record of
such property has been notified to put such residential real property in a safe condition or to
demolish it; and
WHEREAS, despite the provision of such notice, the property owner has failed to put the
real property in a safe condition or to fully demolish it; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Canton,
Fulton County, Illinois that the building(s) located on the premises descried above was in a
dangerous and unsafe condition within the meaning of the statute set forth in 65 ILCS 5/11-31-1
et. seq., and immediate demolition and remediation are required.
BE IT FURTHER RESOLVED that the City Attorney for the City of Canton is hereby
authorized and directed to apply on behalf of the City of Canton to The Circuit Court of the
Ninth Judicial Circuit of Fulton County, Illinois for an Order authorizing the demolition of the
buildings upon the residential real property in question and the removal of the garbage and debris
located upon such property at Plaintiff's expense, such costs, including court costs, attorney's
fees, and other costs related to enforcement of 65 ILCS 5/11-31-1 being recoverable as a lien
upon the real estate and foreclosure, if necessary.
PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular
City Council meeting on this 20th day of September 2011, upon a roll call vote as follows:
AYES: Aldermen Schenck, Pasley, Fritz, West, Nelson, Ellis, Pickel, Hartford
NAYS: None
ABSENT: None
APPROV~D:
~ /
/~d-~
: ;>`"'"~--i
Kevin R. Meade, Maydr
ATTEST:
~
Diana er, City Clerk