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HomeMy WebLinkAbout02-218 JULY, 2007 IN REVIEWING THIS FILE, IT WAS DETERMINED THAT AN EXECUTED COPY OF THE AGREEMENT LISTED BELOW WAS NEVER RETURNED TO THE CLERK'S OFFICE. ALL THAT IS AVAILABLE IS THE ATTACHED DRAFT COPY OF THE AGREEMENT AND ITS SUPPORTING PAPERWORK. REFERENCE: RESOLUTION NO. 02-218 PASSED: JUNE 12, 2002 SUBJECT: AGREEMENT WITH ROBERT F. BUECHE, FOR THE PURCHASE OF A PORTION OF A PROPERTY LOCATED AT 909 S. MCLEAN BOULEVARD, ELGIN, FOR$21,000 FOR THE SOUTH MCLEAN BOULEVARD IMPROVEMENT PROJECT • . :. SPEED MESSAGE TO FROM --/ 1 /' / „ . ,- .',' - 1 ,•(,' : ---"ef „el -, Pi....ck: 1-' (_,...c 4'1..,\'0..1... / /ri .1'If/Pi-4''....'.'''-:"....../g---- Ift../1-- ,,,,,,,,.1........- /\ ,_-/., ..`. 7 i r-.7 SUBJECT ,: " ' .11' .7 ( -, / "....., ..., iii•-(... .i.'L- e---=, - ..-.7.-:4----tr,--::,;...,44„-,_-.6.----. ,-- . 2 DATE , •-4...".- V l' •--' f ' s'...• 1;.•-• 4.—. .. ...., ....-' . . 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BUECHE FOR THE SOUTH MCLEAN BOULEVARD IMPROVEMENT PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Real Estate Sales Contract on behalf of the City of Elgin with Robert F. Bueche, for the purchase of a portion of property located at 909 S . McLean Boulevard, Elgin, for $21, 000 for the South McLean Boulevard Improvement Project, a copy of which is attached hereto and made a part hereof by reference. Ed Schock, Mayor Presented: June 12, 2002 Adopted: Vote: Yeas Nays : elm, Recorded: Attest : Dolonna Mecum, City Clerk r DRAFT 5/22/02 RLEGAL/RESALESK.909 REAL ESTATE SALES CONTRACT 1. CITY OF ELGIN, an Illinois municipal corporation (Purchaser) agrees to purchase at a price of $21,000.00 on the terms set forth herein, a portion of the property commonly known as 909 S. McLean Boulevard, Elgin, Kane County, Illinois, generally described as the portion of the property across the entire McLean Boulevard frontage of the property a distance of 389.13 feet, into the site from the existing right-of-way a distance of 12 feet at the south property line extending to the north approximately 212 feet, then into the site a distance of 8 feet extending to the north to the north property line with such portion of the property being legally described as follows: See Exhibit A attached hereto for legal description. 2. ROBERT F. BUECHE (Seller) agrees to sell the real estate and the property, if any, described above at the price and terms set forth herein, and to convey or cause to be conveyed to Purchaser or nominee title thereto by a recordable warranty deed, with release of homestead rights, subject only to: general taxes for the year 2001 and _subsequent years., rights of the public, State of Illinois, County of Kane and the City of Elgin for road purposes and utility easements, if any. 3 . Purchaser agrees to pay $21, 000.00; plus or minus prorations, at the time of closing. 4 . The time of closing shall be on or before June 14, 2002, or on the date, if any, to which such time is extended by reason of paragraph 2 of the Conditions and Stipulations hereafter becoming operative (whichever date is later) , unless subsequently mutually agreed otherwise, at the title company, provided title is shown to be good or is accepted by Purchaser. 5. All costs of title, survey and recording shall be paid by the Purchaser. 6. Seller also agrees to convey and grant to Purchaser at closing a temporary easement over a portion of Seller's adjacent property as described in and upon the terms set forth in the Easement Agreement attached hereto as Exhibit B. Seller and Purchaser shall enter into and execute such Easement Agreement and such fully executed Easement Agreement shall be delivered to Purchaser on or before the closing date specified in Paragraph 4 of this Real Estate Sales Contract. Purchaser shall record such Easement Agreement at Purchaser's cost. , • 7. Purchaser, as part of its McLean Boulevard Impr&vement Project, shall install curb returns at each of the entrances; remove and replace any driveway pavement (within the Seller' s property) if removed or damaged; install a handrail similar to one used on N. McLean at Wing; relocate existing lighting within area to be acquired, relocate bus shelter (Purchaser not responsible for damage due to age of item) to a location immediately outside limits of proposed right of way; and provide landscaping typical to City street projects. Page 1 of 4 rcontract is subject to the Conditions and Stipulations set forth on the attached pages hereof, which Conditions and Stipulations are made a part of this contract. Dated , 2002 PURCHASER: SELLER: CITY OF ELGIN ROBERT F. BUECHE 150 Dexter Court, Elgin IL 60120-5555 By: 211S— 3-2 LI° ' Mayor RO ERT F. BUECHE Attest: City Clerk Notices to Purchaser to be Sent to: Notices to Seller to be Sent to: William A. Cogley Norbert Ritt Corporation Counsel Attorney at Law City of Elgin 1130 N. McLean Boulevard 1Dexter Court leKElgin, IL 60123 1, Illinois 60120-5555 (eh. Page 2 of 4 CONDITIONS AND STIPULATIONS 1. Purchaser shall obtain at its own expense, not less than 5 days prior to the time of closing, a title commitment for an owner's title insurance policy issued by the Chicago Title Insurance Company in the amount of the purchase price, covering title to the real estate on or after the date hereof, showing title in the intended grantor subject only to (a) the title exceptions set forth in Paragraph 2 above, and (b) title exceptions pertaining to liens or encumbrances of a definite or ascertainable amount which may be moved by the payment of money at the time of closing and which the Seller may so remove at that time by using the funds to be paid upon the delivery of the deed (all of which are herein referred to as the permitted exceptions) . The title commitment shall be conclusive evidence of good title as therein shown as to all matters insured by the policy, subject only to the exceptions as therein stated. Seller shall furnish Purchaser an affidavit of title in customary form covering the date of closing and showing title in Seller subject only to the permitted exceptions in foregoing items (a) and (b) and unpermitted exceptions, if any, as to which the title insurer commits to extend insurance in the manner specified in paragraph 2 below. 2. If the title commitment discloses unpermitted exceptions, Seller shall have 30 days from the date of delivery thereof to have the exceptions removed from the commitment or to have the title insurer commit to insure against loss or damage that may be occasioned by such exceptions, and, in such event, the time of closing shall be 35 days after the delivery of the commitment or the time specified in paragraph 5 on the front page hereof, whichever is later. If Seller fails to have the exceptions removed, or in the alternative, to obtain the commitment for the title insurance specified ahove as to such exceptions within the specified time, Purchaser may terminate this contract of may elect, upon notice to Seller within 10 days after the expiration of the 30-day period to take title as it then is with the right to deduct from the purchase price liens or encumbrances of a definite or ascertainable amount. If Purchaser does not so elect, this contract shall become null and void without further actions of the parties. 3 . General taxes, indebtedness, if any, and other similar items shall be adjusted ratably as of the time of closing. If the amount of the current general tax is not then ascertainable, the adjustment thereof shall be on the basis of the amount of the most recent ascertainable taxes. All prorations are final unless otherwise provided herein. 4. The provisions of the Uniform Vendor and Purchaser Risk Act of the State of Illinois shall be applicable to this contract. 5 . By mutual agreement of the parties this sale may be closed through an escrow with Chicago Title and Trust Company, in accordance with the general provisions of the usual form of Deed and Money Escrow Agreement then in use by Chicago Title and Trust Company, with such special provisions inserted in the escrow agreement as may be required to conform with this contract. Upon the creation of such an escrow, anything herein to the contrary notwithstanding, payment of purchase price and delivery of deed shall be made through the escrow and this contract and the earnest money shall be deposited in the escrow. The cost of the escrow shall be paid by Purchaser. 6 . Time is of the essence of this contract. 4) Page 3 of 4 All notices herein required shall be in writing and shall be served on the parties at the addresses following their signatures. The mailing of a notice by registered or certified mail, return receipt requested, shall be sufficient service. 8. Purchaser and Seller hereby agree to make all disclosures and do all things necessary to comply with the applicable provisions of the Real Estate Settlement Procedures Act of 1974 . In the event that either party shall fail to make appropriate disclosure when asked, such failure shall be considered a breach on the part of said party. 9. Seller shall deliver possession to Purchaser on the closing. Seller shall remove from the premises by the date of closing all debris and Seller's personal property not conveyed by Bill of Sale to Purchaser. 10. Seller shall furnish a completed Real Estate Transfer Declaration signed by the Seller or Seller's agent in the form required by the state and county, and shall furnish any declarations signed by Seller or Seller's agent or meet other requirements as established by any local ordinance with regard to a transfer or transaction tax. Purchaser shall pay the amount of any applicable stamp tax imposed by the state, county or local ordinance on the transfer of title. 11. Seller hereby represents and warrants to the Purchaser that to the best of Seller's knowledge: (a) there are not now nor have there ever been to the Seller's knowledge any underground storage tanks (whether in service or closed) located at, on or under the real Irkes te; and (b) no hazardous materials or substances have been located on the real estate ave been released into the environment, or discharged, placed or disposed of, at or ufi er the real estate. ellik Page 4 of 4 Exhibit A All, Legal description to be inserted by attorneys for the parties. r. RAGREE/EASEMENT. 909 DRAFT 5/22/02 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT made and entered into this day of , 2002 , by and between the City of Elgin, an Illinois municipal corporation, (hereinafter referred to as the "City" ) , and ROBERT F. BUECHE (hereinafter referred to as the "Grantor" ) . WITNESSETH WHEREAS, Grantor owns the real property in Kane County, Illinois, which is legally described on Exhibit A attached hereto (hereinafter referred to as the "Temporary Construction Easement Premises" ) ; and WHEREAS, the City desires to obtain a Temporary em. Construction Easement from Grantor over the Temporary Construction Easement Premises relating to the construction and installation of roadway improvements over certain property which is adjacent to the Temporary Construction Easement Premises; and WHEREAS, Grantor has agreed to grant such a temporary construction easement pursuant to the terms and conditions of this easement agreement . NOW, THEREFORE, for and in consideration of the mutual undertakings as set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows : Exhibit B 1 . That Grantor does hereby grant to the City a Al) temporary construction easement for that portion of Grantor' s property legally described on Exhibit A attached hereto and referred to herein as the Temporary Construction Easement Premises allowing access over and use of said portion of Grantor' s property for the purpose of constructing and installing roadway improvements over certain property which is adjacent to the property owned by Grantor, for the purpose of regrading as necessary the Temporary Construction Easement Premises so as to provide an engineered slope or grade thereon to conform to the grade of the adjacent right-of-way following the completion of the construction and installation of roadway improvements thereon and for the purpose of constructing curb returns, pavement and relocating existing bus shelter. The 4114, Temporary Construction Easement hereby granted shall automatically expire 36 months from the date of this agreement . 2 . That in consideration of Grantor entering into this Easement Agreement and Grantor ' s grant to the City of the Temporary Construction Easement provided for herein the City shall pay to the Grantor the sum of Ten Dollars ($10 . 00) . 3 . That following the exercise by the City of any easement rights granted herein, the City shall promptly repair and restore the Temporary Construction Easement Premises and shall leave the Temporary Construction Easement Premises and surrounding premises of Grantor free from debris . 4 . That the City for itself, its agents and independent contractors, hereby agrees to indemnify and hold 47) -2- rm. Grantor and its successors harmless from third party claims for personal injuries or property damage arising directly as a result of the City' s work in the Temporary Construction Easement Premises during construction. The City further agrees to indemnify and hold harmless Grantor from any and all liens placed against the Temporary Construction Easement Premises arising from said construction activities . 5 . That during the term of the Temporary Construction Easement granted herein the Grantor and its successors shall not construct any structures or buildings nor plant any trees on the Temporary Construction Easement Premises nor undertake any other activities on the Temporary Construction Easement Premises which unreasonably interfere rik with the City' s intended use of the Temporary Construction Easement Premises . 6 . That no amendment, revision or modification hereof shall be effective unless it is in writing and signed by all parties hereto. 7 . That this agreement constitutes the entire agreement between the parties and is intended as a complete and exclusive statement of the terms of the parties agreement, and it supersedes all prior and concurrent promises, representations, proposals, negotiations, discussions and agreements that may have been made in connection with the subject matter hereof . 8 . That this agreement shall be governed by and rft construed in accordance with the laws of the State of Illinois . -3- 9 . That it is understood and agreed that the City 417) may utilize the services of third party contractors, employees or other agents to perform work on either the adjacent property or the Temporary Construction Easement Premises . 10 . That the Grantor hereby represents and warrants to the City that it is the fee simple title holder of the Temporary Construction Easement Premises and that it has the full power and authority to enter into and make the grant of easement as provided herein. 11 . That this agreement shall be binding on the parties hereto, their successors and permitted assigns and shall run with the land. 12 . That this agreement shall be recorded by the City at the City' s cost with the Kane County Recorder. 47, IN WITNESS WHEREOF, the parties have entered into and executed this Easement Agreement on the date and year first written above . CITY OF ELGIN, an Illinois ROBERT F. BUECHE municipal corporation By Mayor ROBERT F. BUECHE Attest : City Clerk 47) -4- rk STATE OF ILLINOIS ) SS . COUNTY OFKANE I , the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that Ed Schock, Mayor, personally known to me to be the same person whose name is subscribed to the foregoing instrument , appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his free and voluntary act of the uses and purposes therein set forth. Given under my hand an official seal , this day of , 2002 . Notary Public STATE OF ILLINOIS ) SS . COUNTY OFKANE I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that ROBERT F . BUECHE is personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his free and voluntary act of the uses and purposes therein set forth. Given under my hand an official seal , this day of , 2002 . Notary Public This Instrument Prepared by and Return to After Recording to: William A. Cogley City of Elgin Legal Department 150 Dexter Court Elgin IL 60120-5555 elk -5- EXHIBIT A 47) Legal description to be inserted by attorneys for the parties . 47) 444)