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HomeMy WebLinkAboutOrdinance #3092ORDINANCE NO. 3092 ORDINANCE AUTHORIZING SALE OF MUNICIPALLY OWNED REAL PROPERTY LOCATED AT 629 VAN WINKLE DRIVE, CANTON, ILLINOIS WHEREAS, the City of Canton owns the following described real property: Lot Number 20 in Block Number 2 in Babcock's Quality Hill Second Addition to the City of Canton, situated in the County of Fulton and State of Illinois, PIN No. 09- 08 -33- 204 -015, which real property is generally located at 629 VanWinkle 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 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 5111- 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 November 10, 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 December 16, 2014; and WHEREAS, the no bids for the purchase of the Real Property were received by the December 16, 2014 cutoff. WHEREAS, Ann Fabish contacted the City after bids were closed in offered to purchased said property for $1.00 and demolish it in accordance with the original request for bids; 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 Ann Fabish and the sale of the Real Property to such bidder for the amount of $1.00, which amount represents the highest offer received on the property since no bids were received during the open bid time; and WHEREAS, it is found to be in the best interests of the City of Canton for the following reasons: 1. This property has been determined abandoned and declared unsafe. 2. The City has no interest in residential property except to help clean the City up. 3. Purchaser is required to demolish residence within 90 days from closing. NLR Ordinances 02/13/2015 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 off to purchase by Ann Fabish in the amount of $1.00 is hereby accepted by the City Council of the City of Canton for the sale of the Real Property. 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 Ann Fabish 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 17TH DAY OF FEBRUARY, 2015. AYES: Aldermen Gerald Ellis, Justin Nelson, Angela Hale, Tad Putrich, Dave Pickel, Jim Nelson NAYES: None ABSENT: Aldermen John Lovell MAYOR PRO TEM: Alderman Craig West APPROVED THIS 17th DAY OF February, 2015. NLR Ordinances 02/13/2015 NLR Ordinances 02/13/2015 Jeqfrey Fr'itz, Mayor REAL ESTATE PURCHASE AGREEMENT This is an agreement between the City of Canton ( "Seller ") and Ann M. Fabish ( "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. wit: 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: Ann M. Fabish 635 VanWinkle Drive Canton, IL 61520 ARTICLE II 1. The real estate which is the subject matter of this agreement is described as follows, to- Lot Number 20 in Block Number 2 in Babcock's Quality Hill Second Addition to the City of Canton, Fulton County, Illinois. Property address: 629 Van Winkle Drive, Canton, IL 61520 PIN: 09- 08 -33- 204 -015 2. This conveyance shall be subject to all easements, recorded or unrecorded, for public utilities, pipelines, highways, roadways, and/or drainage purposes. ARTICLE III NLR Documents/Demolitions 2/11/15 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 shall convey title to Buyer as Buyer directs prior to closing. ARTICLE IV 1. The total purchase price to be paid for said real estate and property is one dollar and no cents ($1.00). 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 customary exceptions and conditions contained in such policies of insurance. NLR Documents/Demolitions 2/11/15 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 1. Buyer shall pay the 2014 real estate taxes, if any, 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 bills 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. NLR Documents/Demolitions 2/11/15 ARTICLE IX 1. If Buyer fails to make payments of all money specified to be paid by them under this contract within the time allowed for such payments as provided herein, or shall otherwise fail to carry out the Buyer's obligations under the provisions of this agreement, then this agreement shall at the option of Seller be forfeited and determined. In the event of such forfeiture, Buyer shall forfeit all payments made by them under this agreement, and such payments shall be retained by Seller in full satisfaction, and in liquidation of all damages sustained by Seller. ARTICLE X 1. Seller shall during the term of this contract keep the buildings on said premises insured against loss by fire, lightning or other casualty in an amount not less than the balance of the purchase price for the benefit of both buyer and seller and any mortgagee, as their interests may appear, with said policy or policies of insurance being delivered to and kept by seller. In case of loss or damage either before or after possession, if the insurance proceeds are sufficient to restore fully such building(s), they shall be used to pay therefor, but if not sufficient for full restoration, then they shall be applied to the unpaid balance of the purchase price. ARTICLE XI 1. Seller hereby discloses that the said real estate and property has been determined to be unsafe and dangerous by the City of Canton. Said property must be demolished pursuant to ARTICLE 5 of the agreement. ARTICLE XII NLR Documents/Demolitions 2/11/15 I . 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 ofv , A.D., 2015. All executed copies of this contract shall be considered as originals and shall be effective and enforceable for all purposes. SELLER: CITY OF CANTON 2 North Main Street Canton, IL 61520 By: Jef ey A. n , ayor NLR Documents/Demolitions 2/11/15 BUYER: Ann M. Fabish 635 Van Winkle Drive. Canton,.IL 6152p � r By Ann M. Fabish JAMES I. NELSON COUNTY CLERH & RECORDER FULTON COUNTY, IL RECORDED ON 03/06/2015 12:53:51PM O PAGES: 4 COG)l Y CORPORATE QUIT CLAIM DEED THIS INDENTURE WITNESSETH, That the Grantor, CITY OF CANTON, an Illinois municipal corporation, whose address is 2 North Main St. , Canton, IL 61520, for and in consideration of the sum of One Dollar, the receipt of which is hereby acknowledged, and other good and valuable considerations, CONVEYS and QUIT CLAIMS to ANN M. FABISH, whose address is 635 Van Winkle Drive, Canton, IL 61520, all interest in the following described real estate, to-wit: Lot Number 20 in Block Number 2 in Babcock' s Quality Hill Second Addition to Canton, Fulton County, Illinois; Property address: 629 Van Winkle Drive Canton, IL 61520 PIN: 09-08-33-204-015 Subject to all streets, alleys, roads and/or highways, easements, rights-of-way, dedications, restrictions, reservations and covenants affecting the real estate, if any; and also, rights-of-way for drainage tiles, ditches, feeders and laterals, if any; and also, all applicable zoning ordinances and restrictions; Subject to all easements, recorded or unrecorded, for public utilities, pipelines, highways, roadways and/or drainage purposes; Grantee shall pay the 2014 real estate taxes due and payable in 2015 and all subsequent real estate taxes. This Deed is made, executed and delivered pursuant to authority given by the City Council of said municipal corporation at a regular meeting thereof held on the 17th day of February, 2015. By the delivery, acceptance and recording of this deed, Grantees acknowledge that they take title to the real estate described in this deed and any and all improvements thereon in "as is" condition, and Grantor is now and hereafter absolved of any recourse with respect to said real estate and any and all of its improvements. This transaction is exempt under 35 ILCS 200/Sec.31-45(e) of the Illinois Real Estate Transfer Tax Act. CITY OF CANTON, an Illinois municipal corporation By: {� C'��ti1 �� k Its City Attorney (Impress the Corporation's Seal Here) CITY OF CANTON, an Illinois u ' c' al a pora ion Attest: Its e STATE OF ILLINOIS ) SS. COUNTY OF FULTON ) I, the undersigned, a Notary Public, in and for said County and State aforesaid, DO HEREBY CERTIFY THAT NANCY L. RABEL, personally known to me to be the City Attorney of the Illinois municipal corporation whose name is grantor, and DIANA PAVELY-ROCK, personally known to me to be the Clerk of said Illinois municipal corporation, whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such City Attorney and as such Clerk of said Illinois municipal corporation, they signed and delivered the said instrument as City Attorney and Clerk of said Illinois municipal corporation, and caused the corporate seal of said corporation to be affixed thereto, pursuant to the authority given by the City Council of said Illinois municipal corporation as their free and voluntary act, and as the free and voluntary act and deed of said Illinois municipal corporation, for the uses and purposes therein set forth. Given under my hand and otarial Seal this ti day of March , 2015. j�pti!R� -Notary Public FUTURE TAXES` & RETURN TO: ANN M. FABISH 635 Van Winkle Drive Canton, IL 61520 PREPARED BY: BEAL LAW OFFICE, LTD. 3106 North Main St. - P.O. Box 400 Canton, IL 61520 . . TO BE FILED WITH THE FULTON COUNTY RECORDER OF DEEDS AFFIDAVIT FOR PURPOSE OF ILLINOIS PLAT ACT REQUIREMENTS THIS IS A LEGAL DOCUPdENT—PLEASE CONSULT YOUR ATTORNEY (Zoning r£Subdivision Ordinances thy Also Apply) PARCEL NUMBER 09-08-33-204-015 Grantor or Grantor's Attorney authorized representative in a deed transferring interest in the real estate described in the accompanying deed and further states this transfer IS EXEMPT FROM THE ILLINOIS PLAT ACT(765 ILCS 205)BECAUSE OF THE FOLLOWING: ® NOT A DIVISION OF LAND—PARCEL BOUNDARIES REMAIN UNCHANGED(The Recorder will proceed with recording the deed and no further questions apply. County Plat Officer signature is NOT required. Please sign below and have notarized) ❑ A DIVISION OF LAND THAT MEETS ONE OF THE FOLLOWING EXCEPTIONS — APPROVAL BY COUNTY PLAT OFFICER (OR DESIGNEE)IS REQUIRED ALONG WITH APPLICABLE FEE PRIOR TO RECORDING: ❑ The divisions or subdivision of land into parcels or tracts of 5 acres or more in size which does not involve any new streets or easements of access. ❑ The division of lots or blocks of less than 1 acre in any recorded subdivision which does not involve any new streets or easements of access. ❑ The sale or exchange of parcels of land between owners of adjoining and contiguous land. ❑ The conveyance of parcels of land or Interest therein for use as a right of way for railroads or other public utility facilities'and other pipe lines which does not involve any new streets or easements of access. ❑ The conveyance of land for highway or other public purposes or grants or conveyances relating to the dedication of land for public use or instruments relating to the vacation of land impressed with a public use. ❑ Conveyances made to correct descriptions in prior conveyances. ❑ The sale or exchange of parcels or tracts of land following the division into no more than 2 parts of a particular parcel or tract of land existing on July 17,1959 and not involving any new streets or easements of access. E] The sale of a single lot of less than'5 acres from a larger tract when a surrey is made by an 111inoi5 Registered Land Surveyor, provided that this exemption shall not apply to the sale of any subsequent lots from the same larger tract of land,as determined by the dimensions and configuration of the larger tract on October 1, 1973,and provided also that this exemption does not invalidate any local requirements applicable to the subdivision of land. ❑ The preparation of a plat for wind energy devised under section 10-620 of the Property Tax Code. ❑ Division meets criteria for agricultural exemption I swear to the best of my knowledge that the statements contained-her ' are true and correct. GrantorlGrantor's Attornev further states that this affidavit for the purpose of indicating to THE RECORDF R OF D DS OF FULT C NTY, ILLINOIS,that the conveyance by the attached instrumerit is within,and in compliance with,the provis ons he Illinois Pla A t Bruce C. Beal Attorne �V Date: 3/ s' /15 Name: � Y Signature' Name: Signature: Date: Subscribed and sworn to before me this /A day of March ,20_1 5 NANCY A WEBB OFFICIAL SEAL Notary Public,state of Illinois .'� �4 My Commission Expires Nmary hnc January 07, 2018 Approval for State Plat Act,County Subdivision and Zoning Code Purposes: _ SURVEY REQUIRED FOR RECORDING: Yes❑ No❑ Fulton County Plat Officerldesignee: Date: N( OTE: County Plat Officer signature required for properties o-my in the UNINCORPORATED areas of Fulton County) y .. HUD-1 UNIFORM SETTLEMENT STATEMENT OMB Approval No.2502-0265 A. U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SETTLEMENT STATEMENT B. TYPE OF LOAN 6.File Number: 7.Loan Number: 1.❑FHA 2.❑FmHA 3. ❑Conv.Unins RE 7227 4.❑VA 5.❑Conv.Ins 8. Mortgage Insurance Case Number C. NOTE: This form is famished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked"(p.o.c.)" were Paid outside the closing,• they are shown here for informational urposes and are not included in the totals. D. NAME AND ADDRESS OF BORROWER E. NAME,ADDRESS AND TIN OF SELLER: F. NAME AND ADDRESS OF LENDER: Ann M. Fabish City of Canton 635 Van Winkle Drive 2 North Main St. Canton, IL 61520 Canton, IL 61520 G. PROPERTY LOCATION: H. SETTLEMENT AGENT NAME,ADDRESS AND TIN 629 Van Winkle Drive Canton, IL 61520 Beal Law Office, Ltd. 46-4412448 3106 North Main St., Canton IL 61520 PLACE OF SETTLEMENT I. SETTLEMENT DATE 03/06/2015 3106 North Main St. FUNDING DATE 03/06/2015 Canton IL 61520 J. SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION 100.GROSS AMOUNT DUE FROM BORROWER: 400.GROSS AMOUNT DUE TO SELLER: 101.Contract sales price 1.00 401.Contract sales price 1.00 102.Personal property 402.Personal property 103.Settlement charges to borrower(Line 1400 738.00 403. 104. 404. 105. 405. Adjustments for items paid by seller in advance Adjustments for items paid by seller in advance 106.City/town taxes 406.City/town taxes 107.County taxes 407.County taxes 108.Assessments 408.Assessments 109. 409. 110. 410. 111. 411. 112. 1 412. 120.GROSS AMOUNT DUE FROM BORROWER 739.00 420.GROSS AMOUNT DUE TO SELLER 1.00 200.AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500.REDUCTIONS IN AMOUNT DUE TO SELLER: 201.Depositor earnest money 501.Excess de osit 202.Principal amount of new loans 502.Settlement char es to seller Line 1400 203.Existing loans taken subject to 503.Existing loans taken subject to 204. 504. 205. 505. 206. 506. 207. 507. 208. 508. 209. 509. Adjustments for items unpaid by seller Adjustments for items unpaid by seller 210.City/town taxes 510.Cityhown taxes 211.County taxes 511.County taxes 212.Assessments 512.Assessments 213. 513. 214. 514. 215. 515. -- 216. 516. 217. 517. 218. 518. 219. 519. 220.TOTAL PAID BY/FOR BORROWER 520.TOTAL REDUCTION AMOUNT DUE SELLER 300.CASH AT SETTLEMENT FROM/TO BORROWER 1 600.CASH AT SETTLEMENT FROM/TO SELLER 301.Gross amount due from borrower(Line 120 739.00 601.Gross amount due to seller(Line 420 1.00 -- 302.Less amount Paid by/for borrower Line 220 602.Less reduction in amount due seller Line 520 303.Cash 17 From ❑To Borrower 739.00 L 603.Cash 0 To ❑From Seller 1.00 Section 5 of the Real Estate Settlement Procedures Act(RESPA)requires disclosure of all charges imposed upon the borrower and seller.These are the following: *HUD must develop a Special Information Booklet to help third party disclosures that are designed to provide the borrower with persons borrowing money to finance the purchase of residential real estate pertinent information during the settlement process in order to be a better to better understand the nature and costs of real estate settlement services; shopper. .Each lender must provide the booklet to all applicants from whom it The Public Reporting Burden for this collection of Information Is estimated receives or for whom it prepares a written application to borrow money to to average one hour per response,including the time for reviewing instructions, finance the purchase of residential real estate;'Lenders must prepare and searching existing data sources,gathering and maintaining the data distribute with the Booklet a Good Faith Estimate of the settlement costs needed,and completing and reviewing the collection of information. that the borrower Is likely to incur in connection with the settlement.These This agency may not collect this information,and you are not required to disclosures are manadatory. complete this form,unless it displays a currently valid OMB control number. Section 4(a)of RESPA mandates that HUD develop and prescribe this The information requested does not lend itself to confidentiality. standard form to be used at the time of loan settlement to provide full 0 EASY SOFT 2008 Previous editions are obsolete Page 1 form HUD-I(3/86)ref Handbook 4305.2 L. SETTLEMENT CHARGES 700.TOTAL SALESBROKER's COMIVHSSION based on nrice $ @ PAID FROM PAID FROM Division of Commission line 700 as follows: BORROWER'S SELLER'S FUNDSAT FUNDSAT 701. SETTLEMENT SETTLEMENT 702. 703.Commission Paid at Settlement 704, 800.ITEMS PAYABLE IN CONNECTION WITH LOAN 801.Loan Origination Fee 802.Loan Discount 803.Appraisal Fee to 804.Credit report to 805.Lender s Ins tion Fee to 806. 807. 808. 809. 810. 811. 812. 813. 900.ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE 901.Interest from 03 0 6 2 015-04 01 2015 902.Mortgage Insurance Premium for 903.Hazard insurance Premium for 904. 905. 1000.RESERVES DEPOSITED WITH LENDER 1001.Hazard insurance 1002.Mortgage insurance 1003.City Property Taxes 1004.County Property Taxes 1005.Annual assessments 1006. 1007. 0.00 1008.Aitgregate Accounting Ad'ustment 1100.TITLE CHARGES 200.00 1101.Settlement or closing fee to Beal Law Office Ltd. 1102.Abstract or title search to 200.05-0 0.0 0 1103.Title Examination to Beal Law Office Ltd. 1104.Title insurance binder to 16 5.0 0 1105.Document Preparation to Beal Law Office Ltd. 1106.Notary fees to 1107.Attorney's fees to includes line numbers: 25.00 1108.Title Insurance to ATG includes line numbers: 1109.Lender's coverage Premium 0.00 1110.Owner's coverage 1000.00 Premium 25.00 75.00 1111. Closin Protection Letters to Beal Law Office Ltd. 1112. 1113. 1200.GOVERNMENT RECORDING AND TRANSFER CHARGES Release$ 7 0.0 0 1201.Recording fees: Deed$ 70.00 Mort a e 1202.C' /cn tax/stamps: Deed Mort a '- 1203.State tax/stamps: Deed$ Mortgage 3.00 1204. State Regulatory Fee to ATG 1205. 1300.ADDITIONAL SETTLEMENT CHARGES 1301.Survey to 1302.Pest inspection to 1303. 1304. 1305. 1306. 738.00 1400.TOTAL SETTLEMENT CHARGES enter on lines 103 Section J and 502 Section CERTIFICATION:I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief,it is a true and accurate statement of all receipts and disbursements made n m ccount orb me in this transaction. I further certify that I received'a of the -1 ent State ent. aNNAyJ - Seller City of Can on Borrower n M. Fabish Seller Borrower The HUD-1 Settlement Statement which I have prepared is a true and accurate account of the funds disbursed or to be disbursed by the undersigned as part of the settlement of this vinsaction. '� 03/06/2015 eme ` Date WARNING: It is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can include a fine and imprisonment. For details see: Title 18 U.S.Code Section 1001 and Section 1010. ®EASY SOFT 2008 Previous editions are obsolete Page 2 form HUD-1(3/86)ref Handbook 4305.2 7654 BEAL LAW OFFICE LTD REAL ESTATE ACCOUNT PH,309-647-6301 3106 N MAIN ST-P.O.BOX 400 CANTON,IL 61520 DATE-3/10/1 70 1476-711 PAY s_ TO THE ORDER OF CITY OF CNNTTCTI One and o/100----------------------------------------------------- DOLLARS Prairie State Bank&Trust 105 W.Lincoln Ave.,Lewistown,IL 61542 FOR Net proceeds/639 Van Tj inkle Or. -- �— _ ----- ----"" 110007654n■ 1:0711147631: 60 106 ? III'