Loading...
HomeMy WebLinkAboutResolution #4004 RESOLUTION NO. 4004 A RESOLUTION AUTHORIZING THE EXECUTION OF A DEMOLITION AND PROPERTY TRANSFER AGREEMENT BY AND BETWEEN LINDA M. ASHWOOD AND THE CITY OF CANTON,IL. WHEREAS, the City of Canton, is an Illinois Municipal Corporation located within Fulton County, Illinois; and WHEREAS, 65 ILCS 5111-31-I(a) states that "The corporate authorities of each municipality may demolish, repair, or enclose or cause the demolition, repair or enclosure of dangerous and unsafe buildings or uncompleted and abandoned buildings within the territory of the municipalities and may remove or cause to remove of garbage, debris, and other hazardous, noxious, or unhealthy substances or materials from those buildings." The municipality may obtain a personal judgment for the cost of demolition and legal action, and obtain a lien on said premises to foreclose the same; and WHEREAS, the corporate authorities have filed an action in Fulton County, Illinois, for an order authorizing action to be taken with respect to a building located at 42 W. Chestnut Street, Canton, Illinois, as the owners of the property have failed to put the building in a safe condition or to demolish it (2012 MR-74); and WHEREAS, the property is owned by LINDA M. ASHWOOD; and WHEREAS, through negotiations with the City, LINDA M. ASHWOOD, wishes to transfer ownership of 42 W. Chestnut Street to the City of Canton in forbearance of the City further prosecuting its cause of action in this matter; and WHEREAS, the legal and ordinance committee has decided that it is necessary and in the best interest of the City of Canton to accept ownership of said property and move forward with demolition; and WHEREAS, the City Council of the City of Canton has made a similar determination. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON, FULTON COiJNTY, ILLINOIS, as follows: 1. That the Demolition and Property Transfer Agreement attached hereto and incorporated herein as Exhibit A is hereby approved by the City of Canton. 2. That the Mayor and Clerk of the City of Canton, lllinois are hereby authorized and directed to execute said Agreement on behalf of the City of Canton. 3. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Illinois, and approval by the Mayor and City Clerk thereof. Passed by the City Council of the City of Canton, Illinois, at a regular meeting this 16th day of October, 2012, on a roll call vote as follows: AYES: Aldermen Pickel, Hartford, Schenck, Pasley, West, Fritz, Ellis, Nelson NAYS: None ABSENT: None APPROVE~: / ~ , . o , , , , _ ~ Kevin R. Meade, ayor AT ST: ; ~ ; , ' % GE D Pavley, City Cle PREPARED BY AND RETURN TO: CHRISSIE PETERSON CITY ATTORNEY CITY OF CANTON 2 North Main Street Canton, IL 61520 DEMOLITION AND PROPERTY TRANSFER AGREEMENT THIS AGREEMENT made and entered into this day of , 2012, between the City of Canton, an Illinois municipal corporation, (hereinafter referred to as the "City") and LINDA M. ASHWOOD, 25580 N. Dog Patch Road, Ellisville, Illinois (hereinafter referred to as the "Ashwood"). Ashwood represents that she is the legal owner of the property known and called 42 W. Chestnut Street, Canton, Illinois, and is duly authorized to enter into this Agreement with the City; and In consideration of the City's forbearance from further prosecuting its cause of action (Case No. 12-MR-74 file in the Ninth Judicial Circuit, Fulton County, Illinois on June 20, 2012) against Ashwood; and Further, in consideration of the waiver of Ashwood of her right to present defenses to resist said cause of action; and Further in consideration of the mutual covenants, agreements and stipulations of the parties, the parties do hereby agree as follows: 1. Parties agree that the structure located at 42 W. Chestnut, in the City of Canton, Illinois, is a dangerous and unsafe building as defined in Sec. 6-18-12 of the Code of the City of Canton and Section 11-31-1 et. seq. of the Illinois Municipal Code (65 ILCS 5111-31-1 et. seq.) and that it is not economically feasible for Ashwood to repair said premises, which is legally described as follows: 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 East to the place of beginning, all situated in the City of Canton, in the County of Fulton, State of Illinois. ALSO: A strip ofland 2 feet wide off 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 comer 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. TAX I.D. NUMBER: 09-08-27-412-003 COMMONLY ADDRESS: 42 West Chestnut Street, Canton, Illinois 61520 2. Ashwood agrees and consents to permit the City to enter upon the premises and demolish or cause to be demolished the structure described in Paragraph 1 in the City of Canton and County of Fulton, Illinois. 3. The City agrees to enter upon the premises and demolish or cause to be demolished said structure. 4. That on DATE, the City obtained an order for the demolition of said structure. 5. That on DATE, the City demolished said structure. 6. That the cost to demolish said structure is estimated to be XXXX. 7. That pursuant to 65 ILCS 5/11-31(a) the City may recover the cost of the demolition, including court costs, attorney's fees and other costs related to the enforcement of this statutory section from the owner of the real estate as a lien upon the property. 8. The City is entitled to file a lien in the amount of XXX representing all cost of demolition, court costs, attorney's fees and other filing fees. 2 9. I n lieu of foreclosure of the lien and/or any judgment obtained as part of the lawsuit filed (Case No. 12-MR-74), under Section 11-31-1 of the Illinois Municipal Code, Ashwood is conveying the property to the City. CITY OF CANTON OWNER An Illinois Municipal Corporation 42 W. Chestnut, Canton, Illinois By: By:----------------------- Kevin R. Meade, Mayor Linda M. Ashwood ATTEST: By:------------------------ Diana Pavley, City Clerk 3 STATE OF ILLINOIS IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT FULTON COUNTY City of Canton, an ) Illinois Municipal Corporation, ) Plaintiff ) Case No. 12-MR-74 ) v. ) ) LINDA M. ASHWOOD and ) MS INVESTMENT GROUP, INC., ) ) ) Defendants. ) AGREED ORDER FOR DEMOLITION The Plaintiff, City of Canton ("Canton"), and Defendant, Linda M. Ashwood ("Ashwood") have reached an agreement on the demolition of 42 W. Chestnut and offer the following: l. The instant lawsuit was commenced on June 20, 2012 by Canton filing a Complaint to Demolish. 2. That on August 16, 2012, the defendant, Linda M. Ashwood was properly served with a First Alias Summons and the Complaint. 3. That in lieu of filing a responsive pleading, Defendant has reached an agreement with Plaintiff on the demolition of the building at 42 W. Chestnut. 4. Defendant voluntarily agrees to the City demolishing said structure immediately. 5. In lieu of foreclosing the lien for demolition costs and expenses, the City will accept and Ashwood will convey title to the property to the City. WHEREFORE, counsel for the Parties respectfully request acceptance and approval of this Agreed Order for Demolition. i Respectfully submitted, CITY OF CANTON Attorney for Plaintiff Chrissie L. Peterson LINDA M. ASHWOOD This Order is entered at [a.m.] [p.m.] on , 2012. Enter: Judge 2 . ~ , t , 1 35c8~Q~ JAMES I. HELSON GOIiHTY GLERK ~ kEC~TtDER PREPARED BY AND RETURN TO: FULTO?1 COUNTY. IL CHRISSIE PETERSON ~~~2~RE~~OR~ED1~OH~1 •`gAM CITY ATTORNEY kEC FEE: 46. 0~ CITY OF CANTON PAGES: 3 2 North Main Street Canton, IL 61520 DEMOLITION AND PROPERTY TRANSFER AGREEMENT THIS AGREEMENT made and entered into this day of , 201~ between the City of Canton, an Illinois municipal corporation, (here' after referred to as the "Cit~~") and L,TNDA M. ~SHWOOD, 25580 N. 1~c~~ Patch Road, F.llisville. Illinois (h~reinafter referred to as the "Ashwood"). Ashwood represents that she is the legal owner of the property known and called 42 W. Chestnut Street, Canton, Illinois, and is duly authorized to enter into this Agreement with the City; and In consideration of the City's forbearance from further prosecuting its cause of action (Case No. 12-MR-74 file in the Ninth Judicial Circuit, Fulton County, Illinois on June 20, 2012) against Ashwood; and Further, in consideration of the waiver of Ashwood of her right to present defenses to resist said cause of action; and Further in consideration of the mutual covenants, agreements and stipulations of the parties, the parties do hereby agree as follows: 1. Farlies agree that the structure l~cated ~t 42 ~N. Chestnut, in the Cit}~ of Canton, Illinois, is a dangerous and unsafe building as defined in Sec. 6-18-12 of the Code of the City of Canton and Section 11-31-1 et. seq. of the Illinois Municipal Code (65 ILCS 5/11-31-1 et. seq.) and that it is not economically feasible for Ashwood to repair said premises, which is legally described as follows: 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 East 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 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 Cant~n, Fulton County, Illinois. TAX I.D. NUMBER: 09-08-27-412-003 COMMONLY ADDRESS: 42 West Chestnut Street, Canton, Illinois 61520 2. Ashwood agrees and consents to permit the City to enter upon the premises and demolish or cause to be demolished the structure described in Paragraph 1 in the City of Canton and County of Fulton, Illinois. 3. The City agrees to enter upon the premises and demolish or cause to be demolished said structure. 4. That on November 21, 2012, the City obtained an order for the demolition of said structure. 5. That between February and March, 2013, the City intends to demolish said structure. 6. That the cost to demolish said structure is estimated to be approximately $50,000.00 to $75,000.00. 7. That pursuant to 65 ILCS 5/11-31(a) the City may recover the cost of the demolition, including court costs, attorney's fees and other costs related to the enforcement of this statutory section from the owner of the real estate as a lien upon the property. 8. The City is entitled to file a lien in an amount yet to be determined representing all cost of demolition, court costs, attorney's fees and other filing fees. 2 ~ r ~ , i 9. In lieu of foreclosure of the lien and/or any judgment obtained as part of the lawsuit filed (Case No. 12-MR-74), under Section 11-31-1 of the Illinois Municipal Code, Ashwood is conveying the property to the City. CITY OF CANTON OWNER ~ An Illinois Municipa~~orporation 42 W. Ch nut, Canto , Ill' '~s ' ~ By: ~ ~ / ~ ~ By: evin R. Meade, Ma or Linda M. Ash ood ATTES : gy; i !l~ii iana Pavley, City C erk 3