HomeMy WebLinkAbout02-220 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. 02-220
PASSED: JUNE 12, 2002
SUBJECT: AGREEMENT WITH ELGIN LODGE NO. 799 LOYAL ORDER OF
MOOSE, FOR THE PURCHASE OF A PORTION OOF PROPERTY
LOCATED AT 925 S. MCLEAN BOULEVARD, ELGIN, FOR$37,232
FOR THE SOUTH MCLEAN BOULEVARD IMPROVEMENT
PROJECT
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WHITE-ORIGINAL CANARY-DUPLICATE
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em. Resolution No. 02-220
RESOLUTION
AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT
WITH THE ELGIN LODGE NO. 799 LOYAL ORDER OF MOOSE 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 Elgin Lodge
No. 799 Loyal Order of Moose, for the purchase of a portion of
property located at 925 S . McLean Boulevard, Elgin, for $37, 232 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 :
�` Recorded:
E Attest :
Dolonna Mecum, City Clerk
DRAFT 5/21/02
RLEGAL/RESALESK.925
REAL ESTATE SALES CONTRACT
1. CITY OF ELGIN, an Illinois municipal corporation (Purchaser) agrees to purchase at a
price of $37,232 on the terms set forth herein, a portion of the property commonly known
as 925 S. McLean Boulevard, Elgin, Kane County, Illinois, legally described as follows:
See Exhibit A attached hereto for legal description.
2. ELGIN LODGE NO. 799 LOYAL ORDER OF MOOSE, an Illinois not-for-profit corporation,
(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.
3 . Purchaser agrees to pay $37,232; 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.
r—. contract is subject to the Conditions and Stipulations set forth on the attached
pages her f, which Conditions and Stipulations are made a part of this contract.
Dated 2— '3 , 2002
PURCHASER: SELLER:
CITY OF ELGIN ELGIN LODGE NO. 799 LOYAL ORDER OF MOOSE
150 Dexter Court, Elgin IL 60120-5555
By: 1,e(
Mayor
0 I /
Attest:
City Clerk A,
Notices to Purchaser to be Sent to: Notices to Seller to be Sent to:
William A. Cogley Elgin Lodge No. 799
Corporation Counsel Loyal Order of Moose
City of Elgin 70 N. State Street
rDexter Court Elgin, Illinois 60123
n, Illinois 60120-5555 .
With a Copy to:
Ronald 0. Roeser
Roeser & Vucha
Attorneys at Law
920 Davis Road
Elgin, Illinois 60123
r
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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 atated' 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
aIteroative, to obtain the commitment for the title insurance specified above 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 Comp=uy,
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.
411)
4'..k
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
lrte; 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
under the real estate.
Exhibit A ]�
That part of South 891.0 feet of the Northeast Quarter of the Northwest Quarter, lying
Easterly of the centerline of McLean Bouelvard and that part of the South 891.0 feet of
the West 343.2 feet of the Northwest Quarter of the Northeast Quarter, except the North
10 acres thereof, in Section 27, Township 41 North, Range 8 East of the Third Princinpal
Meridian, in the City of Elgin, Kane County, Illinois, described as follows :
Commencing at the Southwest corner of the above described parcel, being the intersection
of the centerline of McLean Boulevard with the South line of the said Northeast Quarter
of the Northwest Quarter; thence North 83 degrees 55 minutes 14 seconds East, along the
said South line, 33.10 feet to the East right of way line of McLean Boulevard per
Document No. 360847 for the Point of Beginning; thence mortberly, along the said right of
way line, being along a curve to the right having a radius of 34. 344 .50 feet and a chord
bearing of North 01 degrees 11 minutes 00 seconds West, 505.57 feet to the North line of
the above described property (being the South line of the North 10 acres) ; thence North
83 degrees 55 minutes 14 seconds East, along said North line, 13 .05 feet to a line that
is 45.0 feet Easterly of and parallel with the centerline of McLean Boulevard, thence
SoutbezIy, along said parallel line, being along a curve to the left having a radius of
34' 332'50 feet and a chord bearing of South 00 degrees 56 minutes 43 seconds East, 222 .88
feet; thence North 88 degrees 52 minutes 06 seconds East, 15 .0 feet to a line that is
65.0 feet Easterly of and parallel with the centerline of McLean Bouelvard; thence
Southerly, along said parallel line, being along a curve to the left having a radius of
34. 312 .50 feet and a chord bearing of South 01 degree 21 minutes 59 seconds East, 2e0.96
feet to the aforesaid South line of Northeast Quarter of the Northwest Quarter, thence
South 83 degrees 55 minutes 14 seconds West, along said South line, 32.1 feet to the
Point of Beginning. Said Parcel containing 0.263 acre more or less .
elw RAGREE/EASEMENT. 925
DRAFT 5/21/02
EASEMENT AGREEMENT
THI EASEMENT AGREEMENT made and entered into this
(A.71 day of !At , 2002 , by and between the City of
Elgin, an Il, inois municipal corporation, (hereinafter
referred to as the "City" ) , and ELGIN LODGE NO. 799 LOYAL
ORDER OF MOOSE, an Illinois not-for-profit corporation
(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
feConstruction Easement Premises" ) ; and
.
WHEREAS, the City desires to obtain a Temporary
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
417,1 . That Grantor does hereby grant to the City a
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 and 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. The Temporary Construction Easement
hereby granted shall automatically expire 24 months from the 47)
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
Grantor and its successors harmless from third party claims
for personal injuries or property damage arising directly as a
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rw 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
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
construed in accordance with the laws of the State of Illinois .
9 . That it is understood and agreed that the City
may utilize the services of third party contractors, employees
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or other agents to perform work on either the adjacent 47,
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.
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 ELGIN LODGE NO. 799 LOYAL ORDER
municipal corporation OF MOOSE, an Illinois
not-for-profit corporation
By By (7 _2244
Mayor
Attest : Att 'S :
4 /
C
_44 1 it(AMC tAi
City Clerk
47,
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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
CoAntry,t int the State aWrfsa,id, do hereby certify that
i
hrS JciNgtyrdia_ 0 TizAs3IL jelot-zipirK , s 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.
3 rt--1
4. 'ven under my h. - . a offic ' s1 seal , this
day of , 2a02 .
.tary Public
This Instrument Prepared by OFFICIAL S
_EAL
ROESER
and Return to After Recording to: RONALD `'
mmicisvoloFILLm°46
William A. Cogley NowelcARY0 ' ExpinEs:01/18*6
City. of Elgin
Legal Department
150 Dexter Court
Elgin IL 60120-5555
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EXHIBIT A 414,
That part of South 891 . 0 feet of the Northeast Quarter of the
Northwest Quarter, lying Easterly of the centerline of McLean
Boulevard and that part of the South 891 . 0 feet of the West
343 . 2 feet of the Northwest Quarter of the Northeast Quarter,
except the North 10 acres thereof, in Section 27, Township 41
North, Range 8 East of the Third Principal Meridian, in the
City of Elgin, Kane County, Illinois, described as follows :
Commencing at the Southwest corner of the above described
parcel , being the intersection of the centerline of McLean
Boulevard with the South line of the said Northeast Quarter of
the Northwest Quarter; thence North 83 degrees 55 minutes 14
seconds East, along the said South line, 33 . 10 feet to the
East right of way line of McLean Boulevard per Document No.
360847; thence Northerly, along the said right of way line,
being along a curve to the right having a radius of 34 , 344 . 50
feet and a chord bearing of North 01 degrees 11 minutes 00
seconds West, 505 . 57 feet to the North line of the above
described property (being the South line of the North 10
acres) ; thence North 83 degrees 55 minutes 14 seconds East,
along said North line, 12 . 05 feet to a line that is 45 . 0 feet
Easterly of and parallel with the centerline of McLean
Boulevard for the Point of Beginning; thence continuing North
47)
83 degrees 55 minutes 14 seconds East , 5 . 02 feet to a line
that is 50 . 0 feet Easterly of and parallel with the said
centerline; thence Southerly, along said parallel line, being
along a curve to the left having a radius of 34 , 327 . 50 feet
and a chord bearing of South 00 degrees 56 minutes 43 seconds
East, 223 . 32 feet ; thence South 88 degrees 52 minutes 06
seconds West, 5 . 0 feet to a line that is 45 . 0 feet Easterly of
and parallel with the same centerline; thence Northerly, along
said parallel line, being along a curve to the right having a
radius of 34 , 332 . 50 feet and a chord bearing of North 00
degrees 56 minutes 43 seconds West, 222 . 88 feet to the Point
of Beginning.
Said parcel containing 0 . 026 acre more or less .
414)
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