HomeMy WebLinkAboutOrdinance #3082 \
ORDINANCE NO 3082
ORDINANCE AUTHORIZING SALE OF
MUNICIPALLY OWNED REAL PROPERTY LOCATED AT
306 N. 14TH AVENUE, CANTON, ILLINOIS
WHEREAS,the City of Canton owns the following described real property:
Lots Four (4) and Five (5) in Block Two (2) in Eastern Star Subdivision to the City of Canton,
situated in the County of Fulton and State of Illinois, PIN No. 09-08-26-409-006, which real
property is generally located at 306 N 14th Ave., 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 no longer
necessary, appropriate, or in the best interest of the City of Canton that it retain title to said Real
Property and that the Real Property is not required for the use of, or profitable to, the City of
Canton; 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 sell the Real Property and bids have been invited
for the purchase of Real Property, said notice having first been published on August 2, 2014, and
having been published for three successive weeks in the Canton Daily Ledger, a newspaper
published in the City of Canton; and
WHEREAS, pursuant to said notice, bids were opened at the regular meeting of the
Canton City Council held on October 21, 2014; and
WHEREAS, the following bids for the purchase of the Real Property have been
received:
BIDDER AMOUNT
Greg and Tracy Kitchen $306.06
276 N. 14th Avenue
Canton, IL 61520
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 acceptance of the bid submitted by Greg and Tracy
Kitchen and the sale of the Real Property to such bidder for the amount of $306.06, which
amount represents the highest and only bid; and
WHEREAS, it is found to be in the best interests of the City of Canton for the following
reasons:
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�
1. This house has been determined abandoned and declared unsafe.
2. The City has no interest in residential property except to help clean the City up.
3. Purchasers are required to demolish residence within 90 days from closing.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Canton,
Fulton County, Illinois, as follows:
1. The foregoing recitals are incorporated herein as findings of the City Council of the City
of Canton, Fulton County, Illinois.
2. The bid of Greg and Tracy Kitchen in the amount of$306.06 is hereby accepted by the
City Council of the City of Canton for the sale of the Real Property.
3. The Mayor, or his designee, is hereby authorized and directed to sign and the City Clerk
is hereby authorized and directed to attest a contract for the sale and purchase of the Real
Property, which contract shall be in the form attached hereto as Exhibit A.
4. Upon satisfaction of the terms of the aforesaid contract and upon the payment or securing
of the aforesaid bid price in the manner provided in said contract, the Mayor, or his
designee, is hereby authorized and directed to convey and transfer the Real Property to
Greg and Tracy Kitchen by proper deed of conveyance, stating therein the aforesaid
consideration, and the City Clerk is hereby authorized to acknowledge and attest such
deed and to affix thereto the seal of the City of Canton.
5. The Mayor, or his designee, and the City Clerk are hereby authorized, respectively, to
execute and attest such other documents as may be necessary to the conveyance herein
authorized.
6. 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 4th DAY OF NOVEMBER, 2014.
AYES: Aldermen Ellis, Justin Nelson, Lovell, Hale, West, Putrich, Pickel
NAYES: None
ABSENT: Alderman Jim Nelson
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��
APPROVED THIS 4th DAY OF NOVEMBER, 2014.
,-
�'' ! o�i17� ��
Jef re A. ' , Mayor
ATT T:
avley- ck, ' erk
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,
REAL ESTATE PURCHASE AGREEMENT
This is an agreement between the City of Canton ("Seller") and Greg and Tracy Kitchen
("Buyer")for the sale and purchase,respectively,of the real estate hereinafter described. The Seller
agrees to sell and the Buyer agrees to purchase the property described below and to faithfully carry
out and perform the covenants and other provisions of this contract.
ARTICLE I
1. The seller herein is:
CITY OF CANTON, an Illinois municipal corporation
2 North Main St.
Canton, IL 61520
2. The buyer herein is:
Greg& Tracy Kitchen
276 N. 14`h Ave.
Canton, IL 61520
ARTICLE II
1. The real estate which is the subject matter of this agreement is described as follows,to-
wit:
Lot Numbered Four (4) and Five (5) in Block Number Two (2) in Eastern Star
Subdivision to the city of canton, situated in the City of Canton, County of Fulton
and State of Illinois.
Property address: 306 N. 14`" Avenue, Canton, IL 61520
PIN: 09-08-26-409-006
2. This conveyance shall be subject to all easements, recorded or unrecorded, for public
utilities, pipelines, highways, roadways, and/or drainage purposes.
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ARTICLE III
1. Seller agrees to convey said property to Buyer by means of an Illinois statutory form of
Municipal Corporate Quit Claim Deed in recordable form duly executed and acknowledged. Seller
sha11 convey title to Buyer as Buyer directs prior to closing.
ARTICLE IV
1. The tota.l purchase price to be paid for said real estate and property is three hundred six
dollars and six cents ($306.06).
2. Said purchase price will be paid in the following manner:
a. The total purchase price,with no rate of interest,due and payable
at closing, on or before thirty (30) days from date, upon delivery of
deed,title policy and possession as herein provided.
ARTICLE V
1. Said conditions exist on said property and Buyer acknowledges that its bid was accepted
with certain limitations including:
a. Within 60 days of closing from the date of closing on said property, Buyer
will obtain a demolition permit from the City of Canton to demolish said property;
and
b. Within 90 days from the date of closing on said property,Buyer will have the
demolition of said property completed. If this process is not completed within 90
days of the closing,Seller may request Buyer to transfer title to said property back to
Seller and Seller may keep all monies paid to date to finish demolition of said
property; or, at the Seller's discretion, Seller may extend Buyer's time on the
demolition permit. If said time is extended, Buyer may be responsible for fines if
property does not meet the City of Canton Code.
2. Seller shall furnish upon closing, a title insurance policy in the amount of the full
purchase price guaranteeing a merchantable title to this property subject only to the usual and
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11/5/14
customary exceptions and conditions contained in such policies of insurance.
ARTICLE VI
1. Buyer shall be entitled to possession of this real estate upon delivery of deed,title policy
and possession as hereinabove set forth.
ARTICLE VII
l. Buyer shall pay the 2014 real estate taxes that are due and payable in 2015 and all
subsequent real estate taxes.
2. Buyer shall pay for preparation of deed,preparation of closing statement and closing costs,
and purchase of revenue stamps (if applicable.)
3. Seller shall pay for preparation of the real estate purchase agreement.
ARTICLE VIII
1. Seller does hereby covenant that there are no outstanding unpaid bilis for materials
delivered or services rendered to the subject real estate during the next year preceding the date of this
contract and further agree to indemnify and hold harmless Buyer from any claims for any such
materials or services rendered or delivered to said premises during said period of time. Buyer shall
not do, or permit to be done, upon said premises anything which a mechanic's lien could arise or
attach thereto, except with the previous written consent of Seller and at the expense of Buyer.
2. The terms and conditions of this contract shall be binding on the heirs, executors,
administrators, successors and assigns of the parties thereto; that time is of the essence in this
contract.
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.
ARTICLE XII
1. That it is specifically agreed and understood by the parties that Buyer has inspected the
real estate and the improvements herein conveyed and that Buyer accepts said real estate and
improvements "as is".
ARTICLE XV
IN WITNESS WHEREOF,the parties have hereunto set their hands and seals in duplicate
and interchangeably as of the day of ,A.D.,2014. All executed copies ofthis
contract shall be considered as originals and shall be effective and enfarceable for all purposes.
SELLER: BUYER:
CITY OF CANTON Greg& Tracy Kitchen
2 North Main Street 276 N. 14th Ave.
Canton, IL 61520 Canton, IL 61520
By: By:
Je � e A. , ayor Gr Kitchen
BY� `�/ C�� �, ,:�� —�
Tracy itchen
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HUD-1 UMFORM SETT[.EMENT STATEMI�.'NTl' OMB App�uval No.2502-0265
U 3 D C1F t U DEVL� OPM S M
8. TYPE OF LOAN 6.Fila Number: 7.l.oen Num�ar:
1.OFHA 2.�FmHA 3.❑Conv.Unins RE 7232
4.Q VA 5.0 Conv.Ins 8. Mortgage Insutsace Ca�e Numbor
C. N(?'1'F.': Thia form is N�mieliod to givc you s ata0artent of wtwl settlement casta. Amomts paid to and hy the eeklemeM agent ere ahown. flrnu muktd"(p.o.cJ"
in 'eal 'm th s.
D. NAMFi�WO ADDRES5 OP AORItOWER: E. NAME,ADDRESS AND TIN OF SELLER: �. NAML�ANU ADllItLSS�F[.QNDER:
Gregory L. Kitchen City of Canton
Tracy R. Kitchen
276 N. 14th Ave. 2 North Main St.
Canton, IL 61520 Canton, IL 61520
G. PROPERTY IACA'I'ION: H. S�7TL.EMENT A(IENT NAME?,ADnRFSS ANQ TIN
306 N. 14th Ave.
Canton, IL 61520 Beal Law Office, Ltd. 46-4412449
310 N L• Ma'n St. Canton L 61520
PLACE OF SE711.BMENT 1. SE!'i'[.ENIf?M'DA7'E 11/1 A/2 O 1 A
3106 North Main St. FUNDING DATE 11/19/2014
nton II, 61520
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8ectlon 6 oi the Real F.Ah�&eUlemant Prooedur�s Acl(RESPA)requlres dleclowra ot at�cfi�pea Impa�d uqm 1h�6ano�sr�nd aNl�.Ths�s aro
ths fdlowinp: •HUD mu�t dsvNOp a Sp�d�l kdommtlan Baoklet to help Mird pa�ly diecloeuroa hist eti d�r{pMd b provids M►e bartowsr wHh
psrsons borrovrinp maxy!o finanae the pumhsse o�ieaidential real estete p�rtlnent I�tamadon durinp qie aeqkmeM prtua�s in o►dx b be a bet�er
to f�r Urnktlllmd qM!nilufe�rld CoNs d real estate aettltmeMlaMcsa: shopper.
'Each ler�der mu�i provld�the booklN to eB appNcanb from whom H The PuWle RepoMng 8urden fir tlds coll�d9w+o1 IMbmutfan Is wtinu�sd
reosive�or for MA�om k peparae a writbn appllortlon ta bonuw monay to �O averape one hour pmr ro�porua,fnd�Mkip Uis�fa reviewing N�tion�,
fmanoe tha p�u'cha�a of rerld��i reel es�e:'Lendsl�must TxiPan ond aearchh+q�xktMW daf�rouroea.Oa�eHnp emd rtdnlainNp Ih�daM
dlatribuls wHh IM Bookbl s[iood Fsllh EalimaM of lir�s�piament ooe�s needed,�d oompbU�p u�d rsWewlnp Ihs ooHecpon oi InMrtnotlon.
p�at the barowx le Ifkely to Incur In wnnedion wNh Ihe setllement Thaee Tf�a apencyr may not odleat tl�h l�fortnetlon,and you are not requf►ed b
dlsclowros ere manedetorY• comWote this fonn.unlea it dfepl�ys a cwroMtY vaNd OMB aonlyd mimber
fiectlon 4(a)of RE3PA nwndaEss that HUD devalop and prescAbs q�is Ths Infortnatlon roquesESd daw rat lend Nsslf 10 cordidenl'wlity.
efanderd form to be used at Ihe tlme of ban ssltlement to provide full
O EASY 30Ff 2008 Previoua editione are obsolete Pege 1 form IiUD-1(3/66)ref Handbook 4305.2
3�ATTORNEYS' TITLE GUARANTY FUND, [NC.
CLOSING PROTECTION LETTER
SELLER
November 13,2014
TRANSACTION(hereafter,the"Real Estate Transaction"):
Attomeys'Title Guaranty Fund,Inc.,Commitment for Title Insurance Number: 140456600016
Loan Number:
Buyer: Gregory L.Kitchen and Tracy R Kitchen
Seller: City of Canton,an Alinois municipal corporation
Property Address:306 N. 14th Ave.,Canton,IL 61520
Lender:
Attorneys' Title Guaranty Fund, Inc., ("ATG°Ds) agrees,subject to the Conditions set forth below,to reimburse you for actual
loss incurred by you as a party to the closing of the Real Estats Transaction conducted by
Beal Law Offlce,Ltd.,Member No:4566,3106 N.Main Street,Canton,IL 61520
or Attorneys' Title Guaranty Fund, Inc., 1 South Wacker Drive, 24`�Floor, Chicago, Illinois, 60606-4654, or both, ("Escrow
Agent") provided that you are the seller in the Real Fstate Transaction wherein title insurance of ATG is specified for the
protection of your purchaser,your purchaser's lender,or both,and provided the loss arises out of:
1. failure of the Escrow Agent to comply with your written closing instructions to the extent that they relate to(a) the
status of the title to that interest in land or the validity, enforceability,and priority of the lien of the mortgage on that
interest in land,including the obtaining of documents and the disbursement of funds necessary to establish the status of
title or lien;or(b)the obtaining of any other document,specifically required by you,but only to the extent the failure to
obtain the ather document affects the status of the title to that interest in land or the validity,enforoeability,and priority
of the lien of the mortgage on that interest in land,and not to the extent that your instructions require a determination of
the validity,enforceability,or the effectiveness of the other document;or
2. fraud, dishonesty, or negligence of the Escrow Agent in handling your funds or documents in connection with the
closing to the extent that fraud, dishonesty, or negligence relates to funds paid to you or on your behalf, or which
shoutd have been paid to you or on your behalf.
One South Wacker Drive�x�d Floor�Chicago,lL 606o6-46S4
'Iblephone 31=37s 936i.-�Fusimik 31=372 9So9�Toll Free 800:ss o4os
CHAMPAIGN I CHICAGO I ARLINGTON HEIGN7S I BELLRVti.1.8 I FRANKFORT I GURNSE
LISFRTYVILLB I LOMBARD 1 OAK LAWN I SItOK1E I WHFiATON(WAUICFSHA,W7S
ATO FORM 412�-B FOR U&E IN:IL,IN
•ATO(REV,G19) wwNCatgEcam Ppe 1 oi2
Conditioes:
1. ATG will not be liable to you for loss arising out of:
A. Failure of the Escrow Agent to comply with your closing instructions that require title insurance protection
inconsistent with that set forth in the title insurance binder or commitment issued by ATG. Instructions that
require the removal of specific exceprions to ritle or compliance with the requirements contained in the binder
or commitment shall not be deemed to be inconsistent.
B. Loss or impairment of your funds in the course of collection or while on deposit with a bank due to bank
failwe,insolvency,or suspension,except as shall result from failure of the Escrow Agern to comply with your
written closing instructions to deposit the funds in a bank that you designated by name.
C. Fraud, dishonesty, or negligence of your employee, agent, attorney, or broker, who is not also the Escrow
Agent.
D. Your settlement or release of any claim without the written consent of ATG.
E. Any matters created,suffered,assumed,or agreed to by you,or known to you and not disclosed to ATG.
2. When ATG shall have reimbursed you pursuant to this letter,it shall be subrogated to all rights and remedies that you
would have had against any person or property had you not been so reimbursed. Liability of ATG for reimbursement
shall be reduced to the extent that you have knowingiy and voluntarily impaired the value of this right of subrogation.
3. (This paragraph 3 applies only if the Escrow Agent is a Title Insurance Agent of ATG.)The Escrow Agent is ATG's
agent only for the limited purpose of issuing title insurance policies. The Escrow Agent is not ATG's agent for the
purpose of providing other closing or settlement services.
4. ATG's liability for your losses arising from closing or settlement services is strictly limited to the protection expressly
provided in this letter. Any liability of ATG for loss does not include liability for loss tesulting from the negligence,
&aud,ar bad fa.ith of any party to a real estate transaction other than the Escrow Agent,the lack of creditworthiness of
any borrower connected with a real estate transaction, or the failure of any collateral to adequately secure a loan
connected with a real estate transaction. However, this letter does not affect ATG's liability with respect to its title
insurance binders,commitments,or policies.
5. Either ATG or you may demand that any claim arising under this letter be submitted to arbitration unless the amount of
the claim is greater than$2,000,000.If the amount of the claim is greater than$2,000,000,the claim may be submitted
to arbitration only when agreed to by both ATG and you.
6. You must promptly send written notice of a claim under this letter to ATG at P.O. Box 9136, Champaign, Illinois
61826-9136. ATG is not liable for a loss if the written notice is not received within one year from the date of the
closing.
7. The amount of indemnity paid to all parties to the Real Estate Transaction shall in no event exceed the amount of the
closing funds deposited with the Escrow Agent.
8. The protection herein afforded extends only to transactions involving real property located in Illinois and Indiana.
Any previous closing protection letter or similar agreement is hereby cancelled with respect to the Real Estate Transacrion.
�ATTORNEYS' T1TLE GUARANT'Y FUND, INC.
• � "C - �
B . r
y a
Tania M.S..'tnri,Senior Managing Attorney-Underwriting
ATO FORM�129-8 FOR USE IN:IL,IN
O ATG(REV M13) P�pe 2 0(2
�AT7'ORN EYS' 'I'CTL� GlJ'ARAN'I'Y i�UND, I NC:
�a
At'FFllated Companiea
PRIVACY POLICY NOTICE
This Notice sets forth the privacy policies and practicxs of Attorneys'Tifle Cruaranty�nd,Inc.(ATGm)and its affiliated oompanies,
Aucrions by ATG, ATG Trust Company, NLT Tifle,L.L.C., and The Judicial Sales Corporation This Notice identiE'ies the sources
af nonpublic, personal informadon we collect regarding o�r customers, and spec'ii'ies what measures wa take to secure that
information.
The words"you"and"your"mean all of our consumer customers who have a business relationship with us,such as:
' Insureds under ATG title insurance policies;
• Psrties t0 resl estAte trensaCtions;
' Persons with a�ust account;and
■ Bornowers who have a loan accoant or who have applie�for a loan.
"We,""our,"and"us"mean ATG and its affiliated companies listed above.
"Nonpublic perwnal informatioa"means infornaation about qou that we collect in connection with providing a financial product or
service to you.Non public personal information does not include information that is available from public sources,such as telephone
directories or government records.
An"�llxte"is a company we own or controt,a company that owns or controls us,or a company that is owned or controlled try the
same company that owns or controls us. Oa�nership does not mean complete ownership,but means owning a sufficient share to have
control.
A"nonaffiliated third party"is a company that is not an affiliate of ours.
THE INFORMATION WE COLLECT
We oollect nonpublic,Personal informstion about you from the following sources:
• Information we receive from you on tifle insurance applications or other forms associated with your traasaction with us;
• Information from a consumer reportin8 ag��Y
' Miscellaneous informarion about your transaction that beoomes part�our file on your transaction with us;and
■ Information about your transactions with aonaffiliated third parties.
We do not disclase any nonpublic,personel information about you to azryone,except as suthorized by Iaw.
THE CONFIDENTTALITY,SECURTTY,AND INTEGRITY
OF YOUlt NONPIIBLIC PERSONAL INFORMATION
We restrict acc�ess to non�blic,personal information about you to only those employees who ne�d to know that information in ordea
to pmvide prnducts or seivices to you. We maintain physical, electronic, and proc,edural safeguards that comply wlth federal
rcgulations to protect your nonpublic personal information from unauthorized use.
NONPIIBLIC PERSONAL INFORMATION AND
NONAFFILIATED TSIItD PARTIES
You t�ave eahvstsd us with important personal informaaon aboui you,and we will not disclose your nonpublic,personal i�formation
to nonaffiliated third parties,exc�pt as perauttad by law.
NONPIIBLIC PERSONAL INFORMATION AND
FORMER CIISTOMERS
We do not disclose nonpublic,pe�sonal information about former customers,exe,ept as permitted by law.
ATO FORM 9097
o�tc+�EV.sn� Preparod by ATG REsour� FOR USE IN: ALL 3TATES
1 462E.34
JAMfiS I. t1ELSQl1
COUMTY CLBRH 6 RECARDBR
FUL7pN GOUIITY, IL
RFCORDfiD 011
11/13/2814 09:59:57AM
RHC FEE: 60.00
PAGfiS: 3
Above this line intended for Recording purposes
************************************************************************
IN THE OFFICE OF THE RECORDER OF DEEDS
FULTON COUNTY, ILLINOIS
CITY OF CANTON,an Illinois )
Municipal Corporation, )
)
Lien Holder, )
)
vs. )
)
CHARLES STEAGALL and )
FULTON COUNTY TRUSTEE, )
)
Defendant. )
RELEASE OF LIEN
IT IS HEREBY AGREED AND ACKNOWLEDGED that the City of Canton, an Illinois
Municipal Corporation,doing business at 2 N. Main Street, Canton, Illinois("Lien Holder") filed
a certain lien on the property of CHARLES STEAGALL & FULTON COLJNTY TRUSTEE,
said property being described as follows:
PIN# 09-08-34-416-061
Commonly known as: 163 Shamrock Street, Canton,IL 61520
Pursuant to 65ILCS S/11-20-7 of the Illinois Municipal Code, on September 17 2013,the City of
Canton filed a Notice of Lien (Document No. 1356263) with the Fulton County Clerk and
Recorder against the aforementioned real estate for the cutting of weeds and grass and removal
of rubbish and debris, in the amount of Three Thousand Seven Hundred Sixty-One Dollars and
sixty-two cents($3,761.62)respectively.
Page 1 of 3
NLR DocumentsJLien&Releases
I1/10/14
NOW,the Lien Holder does hereby:
1. Release, discharge and terminate the above lien;
2. Reiease to the Owner all right, title and interest that the Lien Holder may have
acquired in and to the above property by reason of such lien;
3. Authorize and direct the Register of Deeds of said county to dischazge and cancel the
lien of record; and
4. Release and forever dischazge the Owner from a11 claims, causes of action, demands
and liability of whatever nature which the Lien Holder ever had, now has or hereafter
may have in connection with furnishing the above labor and/or services.
This instrument shall bind Lien Holder and its heirs, legal representatives, successors and
assigns. This instrument shall inure to the benefit of the Owner and his heirs, legal
representatives,successors,and assigns.
IN WITNESS WHEREOF, this Release of Lien is executed under seal on the
day of November,2014.
CITY OF CANTON
) BY: �'I_.�, �-'z�'"�
f, f,�" Je y�A. F'1�IZlayor
ATT.ST: /
i�
BY ?�
Diana Pav -Ro , ' ler
STATE OF ILLINOIS, )
) SS.
COUNTY OF FULTON )
BEFORE me this day, a Notary Public, in and for the County in the State aforesaid,
personally appeared Jeffrey A. Fritz, personally known to me to be the Mayor of the City of
Canton, Illinois and Diana Pavley-Rock, personally known to me to be the City Clerk of the
City of Canton, personally known to me to be the same persons who executed the foregoing
agreement and that they acknowledged that they executed and delivered said agreement as
their free and voluntary act for the uses and purposes therein set forth.
GIVEN under my hand and Notarial Seal this g}� day of �l t�v���
20�. ,M,
4""�'���� ,=r .A�SEAL
�, .
��1���q���.�rN��l6 .
MY���08�15`i 9 ���ti��J�`S �16 .�v`,r�h
Notary Public
Page 2 of 3
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11/10/14
Prepared by$nd Return To:
CITY OF CANTON
2 N. Main Street
Canton,IL 61520
309-647-0065
Page 3 of 3
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