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HomeMy WebLinkAboutOrdinance #3036 ORDINANCE NO. 3036 ORDINANCE AUTHORIZING LEASE OF MUNICIPALLY OWNED REAL PROPERTY WHEREAS,the City of Canton owns the following described real property: Lot number Eight (8) of Northshore Addition to Lake Canton, Fulton County, Illinois, situated in the County of Fulton and State of Illinois. PIN No. 10-09-19-101-008 which property is located at 24481 E. Northshore Drive, Canton, Illinois 61520 and is currently used as residential real property; and WHEREAS,the City Council of the City of Canton has determined that it is in the best interest of the City of Canton that it enter into a amendment of a prior lake lot lease previously entered into by the Municipality in the format attached hereto as Exhibit A; and WHEREAS,pursuant to Section 11-76-2 of the Illinois Municipal Code, 65 ILCS 5/11-76-2, notice has been given of the proposal to lease such real estate, said notice having first been published on November 29,2013, and having been published at least once in the Canton Daily Ledger, a newspaper published in the county in which the municipality is located, not less than 15 nor more than 30 days before the date on which it is proposed to adopt this Ordinance; and WHEREAS,pursuant to said notice, this Ordinance was adopted at the regular meeting of the City Council held on December 17, 2013; and WHEREAS,the City Council finds and determines that the best interests of the City of Canton and its residents will be served by the approval of the above-referenced Amendment to Lake Lot Lease; NOW,THEREFORE, BE IT ORDAINED by the City Council of the City of Canton, Fulton County, Illinois, as follows: SECTION ONE: The City Council finds as facts the recitals hereinabove set forth. SECTION TWO: The proposal of DAVID JOHNSON and SAM SMITH is hereby accepted by the City Council of the City of Canton for the lease of the following described real estate: Lot number Eight (8) of E. Northshore Addition to Lake Canton, Fulton County, Illinois, situated in the County of Fulton and State of Illinois. SECTION THREE: The Mayor is hereby authorized and directed to sign and the City Clerk is hereby authorized and directed to attest a LAKE LOT LEASE of the aforesaid real estate, which Lease shall be in the form attached hereto as Exhibit A. SECTION FOUR: The Mayor is hereby authorized and directed to enter into the aforesaid LAKE LOT LEASE and the City Clerk is hereby authorized to acknowledge and attest such LAKE LOT LEASE and to affix thereto the seal of the City of Canton. SECTION FIVE: The City Mayor and the City Clerk are hereby authorized, respectively, to execute and attest such other documents as may be necessary to the conveyance herein authorized. SECTION SIX: This ordinance shall be in full force and effect from and after its passage, by a vote of at least three fourths of the corporate authorities now holding office, and approval in the manner provided by law. PASSED THIS 3rdDAY OF DECEMBER, 2013. AYES: Aldermen Pasley, Lovell, Ellis, Pickel, Jim Nelson, Putrich, West NAYES: None ABSENT: Alderman Justin Nelson APPROVED THIS 3rd DAY OF December, 2013. ��, � ��- ''� yor ATT STi. ' � �� �- -� c.z'l cle _' *��*��**�����*�**��****��****��**�*a�*��**��**�*****���*�*�*�* CITY OF CANTON LAKESHORE LEASE The City of Canton, an Illinois municipal corporation(" 'ty")makes this lease with me, Samuel L. Smith,as tenant, ("L,essee"}on the ?� day of . -,y���,20�. The City,as part af its municipal wazer supply,has a large artificiallake called Lake Canton. The City has shoreline property,however it must protect the lake from pollution, undue erosion, and other injury which it can do best if it owns and ultimately controls the land but leases under terms and conditions which wiil protect the lake. 1. DESCRIPTION: This lease to me is for the following real estate: Lot$ in Northshore Addition to Lake Canton; situated in the County of Fulton and the State of Illinois. P.I.N.No. 10-09-19-1Q1-008 24481 E.Narthshore Drive,Canton,IL 61520 2. TERM: The term of this lease shall be for a period of thirty(30)years fram this date provided that an additional year shall be added to its term on each anniversary date hereof so that there shall always be a minimum of twenty-nine years and one day remaining on the term. 3. USE: I may use the leased property for my residence. I may not use the property for other uses or purposes and at all times T must protect the Iake. 4. RENT: As rent T will pay to the City a sum of money representing ten percent(10%)of the equalized assessed valuation of the land portion for real estate tax purposes. The assessed valuation from the Quadrennial Reassessment shall be used to make the calculation, thus rental rates will be readjusted as necessary every four years. Payment of rent sha11 be made in advance on or before the first day of May. To secure the payment of rent and other agreements in this lease tkie City sha11 have the superior lien(inferior only to mechanic's liens}on all improvements on the leased property in addition to any other liens and remedies it znay have at Iaw. At the option of the City, its lien may be enforced in equity or by distress or by foreclosure sa1e. 5. MORTGAGE: Notwithstanding the provisions of Paragraphs 12 hereof and in order to promote the leasing,care and improvement of the lake shore land, I may mortgage the leasehold hereby granted,together with a11 improvements now or by me hereafter on the leased premises, and the mortgagee and assigns may cause this lease and such mortgage or either of them to be filed for record in the Recorder's Office of said County and enfarce said mortgage and acquire title to the leasehold and such improvements in any lawful way and rent the property pending foreclosure and acquisition and disposal of title, and the mortgagee or assigns rnay sell and � assign said leasehold and improvements. No default or action by me or those claiming through or under me shail be effective as against the mortgagee or the mortgagee's assigns,unless the mortgagee or the mortgagee's assigns fail to pay, or cause to be paid,within thirty(30)days after being served with written notice thereof, any delinquent taxes on the leasehold or improvements thereon,or sums then owing to the City under said lease.The mortgagee and assigns shall comply with the provisions of the lease in the like manner as I am required to do in the event the mortgagee should acquire title to the leasehold. 6. TAXES: I will pay a11 taxes and assessments on the leased property before they become delinquent. 7. UTILITIES: I understand that I am to pay all charges for water,garbage removal, electricity, gas or other service for my leased property. 8. RESIDENCE: I understand that I may use up to 80 x 1�0 feet of my leased area to build and then occupy one single family residence and appurtenances. I may not have more than one dwelling on my lot at any one time. . Before I build anything on my lot,I must submit plans showing plumbing and sewage disposal, location on lot,etc. to the City and obtain written approval (usually a building permit)fram the City. If I build without approval,the City may remove what I build and charge me for the removal. No one else's lien may atta.ch to any improvement built without the City's written approval. 9. INSURANCE: I understand that I shall obtain insurance in my own.name on any improvements I make however;the City will not be liable for damage to my property. 10. WATER LEVEL: It is understood that the City will not be responsible for maintaining any certain lake level and will not be responsible for damage caused to my improvements or other property of mine hy the action of the waters. 11. GENERAL REGULATIONS: I will: . a. Keep by leased Iand neat and clean and free from noxious weeds and debris. Also I will m.aintain the improvements in good repair. b. Install and maintain such facilities for the disposal of sewage, solid or liquid waste as may be required by the City, Fulton County Health Department, State Department of Public Health or other public authority for sanita.tion and public health. If sewer connections are ava.ilable and the City so orders, I will connect ta the sewer. In no instance will I allow sewage to enter the lake from my lot. c. Care for and protect from injury all shade and ornamental trees, shrubbery, and sod and I will not remove,trim,or permit the removal or trimming of any trees more than three inches in diameter without the consent of the City. d. Pernut any of my Iot to be denuded of vegetation or to be cultivated in such manner as to cause or permit soil erosion. Further I agree to maintain the shoreline in good condition. e. Exclude the general public from my lot and from that part of the lake within 25 feet of the shoreline of my Iot. (except as to navigation) f. Obey all rules,regulations,and ordinances of the City pertaining to leased lots,the lake and surrounding lands and will not allow violations by my family,my guests or any other person on my lot. g. Not permit on or near by lot anything in violation of any law—State, Federal, or municipal— or the regulations of any public authority. Not use or permit the premises to be used far any immoral or iliegal purposes. h. Not cause nor permit any objectionable noise or odor to be emitted from my lot;not will I keep on my lot any dornestic livestock,poultry,or noisy or dangezous dog. i. Not do nor permit anything to be done or remain on my lot or in or on the lake in any way tending to pollute the waters or to create a nuisance or disturb the pea.ce or quiet of the neighborhood or annoy any occupant of neighboring property. j. Not a11ow yard waste including grass clippings, leaves or like material to enter the lake from my lot. k. Not use herbicides nor insecticides near the water of the lake nor anywhere rain may wash these chemicals into the lake except with the written permission of the Water Superintendent of the CiTy. 1. Not extend any structure into the lake such a dock, boat lift or any other structure more than fifteen feet(15')from the normal shoreline. The"normal shoreline"is determined when the water level is even with the top of the spillway. I further will not install any separate structure such as a fence,post,etc. below the normal water surface. 12. TRANSFER: I understand I may not assign or transfer this lease or any interest in it although I may mortgage my leasehoid. Similarly the lease may not be transferred by a mortgagee,receiver,trustee in bankruptcy or ather representative of ine or my estate nor may it be transferred by operation of law, legal process or any other means whatsoever without the written consent of the City,which consent will not be unreasonably withheld. No part of the leased premises may be used by any person other than me,my family,guests, and employees without written consent of the City. I understand that the annual rent may be adjusted upon transfer. Should I desire to assign or transfer this lease to any other person,I shall first give written natice to the City with the name of the proposed transferee. No transfer shall be effective unless notice is given to the City, a new lease is prepazed by the City and the new lease,when signed is filed with the City. I3. VOLUNTARY CANCELLATION: I may surrender this lease if I have fully performed my duties and thus be relieved of any further obligation under it. 14. RESERVED RIGHTS OF CITY: A. I understand that if the City requires exclusive use of the leased properry for any public purpose, which is inconsistent with my occupancy of it,the City may terminate this lease by giving me six months written notice of its intention and paying me for the value of my improvements. If the City exercises its rights hereunder, it shall pay to me an.amount equal to the value of the premises which shail not exceed the fair market value of the premises. In the event that the City and I cannot agree as to the fair market value of the premises,each shall select a qualified professional real estate appraiser,and the appraisers so selected shall select a third qualified professional real estate appraiser, and the fair market value of the premises shall be the average of the highest and lowest appraisals submitted by these three appraisers. B. Representatives of the City may come upan my leased property as£ollows: (1)At any and all times for the purpose of inspecting. (2)At any time to gain needed access to other land. (3)To plant and care for trees and other vegetation. (4)To construct,operate and maintain sewer,water and gas pipes, electrical lines and pipes and lines for other services and their appurtenances. (5}To improve and protect the shoreline. (6)To do any other work necessary to maintain the lake or its structures. 15. DEFAULT: I understand that the City may,at its option,terminate this lease: A. If I fail to perform my duties under this lease and fail to remedy the non-performance after sixty(60)days written notice from the City. B. If I fail to vacate at the end of the lease term. G If the lease has been transferred other than in accordance with the provisions in paragraph 12. D. Upon termination,the City may without further demand or notice, enter and take possession of the premises and expel me or anyone else found there without being guilty of forcible entry of trespass and without liabiiity for loss or damage. All buildings and other improvements at the option of the City may become the City's property in full settlement as liquidated damages. 16. PREFERENCE IN RE-LEASING: When this lease expires,ox my heirs or devisees,if I am nat in default, sha11 be preferred by the City over all others for further leasing, subject to applicabls ordinances and regulations and for such term and upon payment of such rent as the Ciry may charge for the described real estate Samuel L. Smith STATE OF ILLINOIS, ) }SS. COUNTY OF FULTON } I,the undersigned, a Notary Public in and for said County in the Sta.te aforesaid,do hereby certify that Samuel L. Smith,personally known to me to be the same person(s) whose name(s)are subscribed to the foregoing instrument,appeared before me this day in person and severally acknowledged that he signed, sealed,and delivered the said instrument as his free and . voluntary act for the uses and purposes therein set forth. Given under my hand and notarial sea1,this day of 20� OFFtCIAL SEAL -� ���'���� CAfdtOL E KOHLER Notary Public NOTARY Pl{9LIC-STATE OF iLLfN01S UA`/CQMNMSSION EXPIitES:70l02114 CITY OF CANT(aN, ILLiNOIS DEPARTMENT OF LAKE DEVELOPMENT By: Jeffrey A. Pritz,Mayor Attest: Diana.Pavely-Rock,City Clerk � STATE OF ILLINOIS, ) }SS. COUNTY OF FULTON ) I,the undersigned, a Notary Public in and for said County in the State aforesaid, do hereby certify that Jeffrey A. Fritz,Mayor and Diana Pavely-Rock, City Clerk,of the City of Canton, Illinois,personally known to me to be the same persons and such officers, respectively, whose names are subscribed to the foregoing instrument,appeared before me this day in person and severally acknowledged that they signed, sealed and delivered the said instrument as the free and voluntazy act of the said City, for the uses and purposes therein set forth,pursuant to due authority conferred by its Council. Given under my hand and notarial seal, fihis day of ,20_. Notazy Public Send tax notice to: Samuel L. Smith 24541 E.NQrthshore Drive Canton,IL 61520 This instrument prepared by and return to: City Attorney - City of Canton 2 N. Main Street Canton,IL 61520 Telephone (309)b47-2'73$ �. , . 13�? 69� ,]AT�E� I. NELSCtN C�IUNTY CLEkI{ � FiECC1FtI>Ek FULTCIN GOiINTY, 3L Fi°fiGC�RI>EIr pN 12/1Q�/�0f3 1Qt:y�i:�}a!�?f FfEC: FEE: E��?.Q10 F'AGES: 6 *��**���*��������*�**�����*������*���*�*���������**�����*����� CITY OF CANTON LAKESHORE LEASE The City of Canton, an Illinois municipal c�rporation("City") makes this lease with me, Samuel L. Smith, as tenant, ("Lessee") on the�`?day of �� �g��;1' , 20�. The City, as part of its municipal water supply, has a large artificial lake called Lake Canton. The City has shoreline property, howe�er it must protect the lake from pollution, undue erosion, and other injury which it can do best if it owns and ultimately controls the land but leases under terms and conditions which will protect the lake. 1. DESCRIPTION: This lease to me is for the following real estate: Lot 8 in Northshore Addition to Lake Canton; situated in the County of Fulton and the State of Illinois. P.I.N. No. 10-09-19-101-008 24481 E. Northshore Drive, Canton,IL 61520 2. TERM: The term of this lease shall be for a period of thirty (30) years from this date provided that an additional year shall be added to its term on each anniversary date hereof so that there shall always be a minimum of twenty-nine years and one day remaining on the term. 3. USE: I may use the leased property for my residence. I may not use the property for other uses or purposes and at all times I must protect the lake. 4. RENT: As rent I will pay to the City a sum of money representing ten percent (10%) of the equalized assessed valuation of the land portion for real estate tax purposes. The assessed valuation from the Quadrennial Reassessment shall be used to make the calculation, thus rental rates will be readjusted as necessary every four years. Payment of rent shall be made in advance � � on or before the first day of May. To secure the payment of rent and other agreements in this lease the City shall have the superior lien(inferior only to mechanic's liens) on all improvements on the leased property in addition to any other liens and remedies it may have at law. At the option of the City, its lien may be enforced in equity or by distress or by foreclosure sale. 5. MORTGAGE: Notwithstanding the provisions of Paragraphs 12 hereof and in order to promote the leasing, care and improvement of the lake shore land, I may mortgage the leasehold hereby granted, together with all improvements now or by me hereafter on the leased premises, and the mortgagee and assigns may cause this lease and such mortgage or either of them to be filed for record in the Recorder's Office of said County and enforce said mortgage and acquire title to the leasehold and such improvements in any lawful way and rent the property pending foreclosure and acquisition and disposal of title, and the mortgagee or assigns may sell and assign said leasehold and improvements. No default or action by me or those claiming through or under me shall be effective as against the mortgagee or the mortgagee's assigns, unless the mortgagee or the mortgagee's assigns fail to pay, or cause to be paid, within thirty (30) days after being served with written notice thereof, any delinquent taxes on the leasehold or improvements thereon, or sums then owing to the City under said lease. The mortgagee and assigns shall comply with the provisions of the lease in the like manner as I am required to do in the event the mortgagee should acquire title to the leasehold. 6. TAXES: I will pay all taxes and assessments on the leased property before they become delinquent. 7. UTILITIES: I understand that I am to pay all charges for water, garbage removal, electricity, gas or other service for my leased property. 8. RESIDENCE: I understand that I may use up to 80 x 100 feet of my leased area to build and then occupy one single family residence and appurtenances. I may not have more than one dwelling on my lot at any one time. Before I build anything on my lot, I must submit plans showing plumbing and sewage disposal, location on lot, etc. to the City and obtain written approval (usually a building permit) from the City. If I build without approval, the City may remove what I build and charge me for the removal. No one else's lien may attach to any improvement built without the City's written approval. 9. INSURANCE: I understand that I shall obtain insurance in my own name on any improvements I make however; the City will not be liable for damage to my property. 10. WATER LEVEL: It is understood that the City will not be responsible for maintaining any certain lake level and will not be responsible for damage caused to my improvements or other property of mine by the action of the waters. 11. GENERAL REGULATIONS: I will: , . a. Keep by leased land neat and clean and free from noxious weeds and debris. Also I will maintain the improvements in good repair. b. Install and maintain such facilities for the disposal of sewage, solid or liquid waste as may be required by the City, Fulton County Health Department, State Department of Public Health or other public authority for sanitation and public health. If sewer connections are available and the City so orders, I will connect to the sewer. In no instance will I allow sewage to enter the lake from my lot. c. Care for and protect from injury all shade and ornamental trees, shrubbery, and sod and I will not remove, trim, or permit the removal or trimming of any trees more than three inches in diameter without the consent of the City. d. Permit any of my lot to be denuded of vegetation or to be cultivated in such manner as to cause or permit soil erosion. Further I agree to maintain the shoreline in good condition. e. Exclude the general public from my lot and from that part of the lake within 25 feet of the shoreline of my lot. (except as to navigation) f. Obey all rules, regulations, and ordinances of the City pertaining to leased lots, the lake and surrounding lands and will not allow violations by my family, my guests or any other person on my lot. g. Not permit on or near by lot anything in violation of any law— State, Federal, or municipal— or the regulations of any public authority. Not use or permit the premises to be used for any immoral or illegal purposes. h. Not cause nor permit any objectionable noise or odor to be emitted from my lot; not will I keep on my lot any domestic livestock, poultry, or noisy or dangerous dog. i. Not do nor permit anything to be done or remain on my lot or in or on the lake in any way tending to pollute the waters or to create a nuisance or disturb the peace or quiet of the neighborhood or annoy any occupant of neighboring property. j. Not allow yard waste including grass clippings, leaves or like material to enter the lake from my lot. k. Not use herbicides nor insecticides near the water of the lake nor anywhere rain may wash these chemicals into the lake except with the written permission of the Water Superintendent of the City. l. Not extend any structure into the lake such a dock, boat lift or any other structure more than fifteen feet(15') from the normal shoreline. The "normal shoreline" is determined when the water level is even with the top of the spillway. I further will not install any separate structure such as a fence, post, etc. below the normal water surface. 12. TRANSFER: I understand I may not assign or transfer this lease or any interest in it although I may mortgage my leasehold. Similarly the lease may not be transferred by a mortgagee, receiver, trustee in bankruptcy or other representative of ine or my estate nor may it be transferred by operation of law, legal process or any other means whatsoever without the written consent of the City, which consent will not be unreasonably withheld. No part of the leased premises may be used by any person other than me, my family, guests, and employees without written consent of the City. I understand that the annual rent may be adjusted upon transfer. Should I desire to assign or transfer this lease to any other person, I shall first give written notice to the City with the name of the proposed transferee. No transfer shall be effective unless notice is given to the City, a new lease is prepared by the City and the new lease, when signed is filed with the City. 13. VOLUNTARY CANCELLATION: I may surrender this lease if I have fully performed my duties and thus be relieved of any further obligation under it. 14. RESERVED RIGHTS OF CITY: A. I understand that if the City requires exclusive use of the leased property for any public purpose, which is inconsistent with my occupancy of it, the City may terminate this lease by giving me six months written notice of its intention and paying me for the value of my improvements. If the City exercises its rights hereunder, it shall pay to me an amount equal to the value of the premises which shall not exceed the fair market value of the premises. In the event that the City and I cannot agree as to the fair market value of the premises, each shall select a qualified professional real estate appraiser, and the appraisers so selected shall select a third qualified professional real estate appraiser, and the fair market value of the premises shall be the average of the highest and lowest appraisals submitted by these three appraisers. B. Representatives of the City may come upon my leased property as follows: (1) At any and all times for the purpose of inspecting. (2) At any time to gain needed access to other land. (3) To plant and care for trees and other vegetation. (4) To construct, operate and maintain sewer, water and gas pipes, electrical lines and pipes and lines for other services and their appurtenances. (5) To improve and protect the shoreline. (6) To do any other work necessary to maintain the lake or its structures. 15. DEFAULT: I understand that the City may, at its option, terminate this lease: A. If I fail to perform my duties under this lease and fail to remedy the non-performance after sixty(60) days written notice from the City. B. If I fail to vacate at the end of the lease term. S - � C. If the lease has been transferred other than in accordance with the provisions in paragraph 12. D. Upon termination, the City may without further demand or notice, enter and take possession of the premises and expel me or anyone else found there without being guilty of forcible entry of trespass and without liability for loss or damage. All buildings and other improvements at the option of the City may become the City's property in full settlement as liquidated damages. 16. PREFERENCE IN RE-LEASING: When this lease expires, or my heirs or devisees, if I am not in default, shall be preferred by the City over all others for further leasing, subject to applicable ordinances and regulations and for such term and upon payment of such rent as the City may charge for the described real estate � Samuel L. Smith STATE OF ILLINOIS, ) )SS. COUNTY OF FULTON ) I, the undersigned, a Notary Public in and for said County in the State aforesaid, do hereby certify that Samuel L. Smith, personally known to me to be the same person(s) whose name(s) are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that he signed, sealed, and delivered the said instrument as his free and voluntary act for the uses and purposes therein set forth. f Given under my hand and notarial seal, this�day of�J l 1 , 20 �� OFFICIAL SEAL � ! CAROL E KOHLER Notary Public NOTARY PUBLIC-STATE OF ILLINOIS MY COMMiSSION EXPIRES 10/02/14 CITY OF CANTON, ILLINOIS DEPARTMENT OF LAKE DEVELOPMENT By: �f'r ���. Jeffrey A. F ' , ayor f /��r ' � Attest: ,,�C .=� , �'ana Pavely- ck, Cit Clerk - , . STATE OF ILLINOIS, ) )SS. COUNTY OF FULTON ) I, the undersigned, a Notary Public in and for said County in the State aforesaid, do hereby certify that Jeffrey A. Fritz, Mayor and Diana Pavely-Rock, City Clerk, of the City of Canton, Illinois, personally known to me to be the same persons and such officers, respectively, whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they signed, sealed and delivered the said instrument as the free and voluntary act of the said City, for the uses and purposes therein set forth, pursuant to due authority conferred by its Council. ��f Given under my hand and notarial seal, this j day of ��(;.�'����?.�-� , 2p�� d d �� Notary Pu lic ` Send tax notice to: r.,��, OFFICIAL SEAI Samuel L. Smith CAROL E KOHLER NOTARY PUBLIC-STATE OF ILLINOIS 24541 E. Northshore Drive MY COMMISSION EXPIRES 10/02/14 Canton, IL 61520 This instrument prepared by and return to: City Attorney City of Canton 2 N. Main Street Canton, IL 61520 Telephone (309) 647-2738