HomeMy WebLinkAbout02-237 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. 02-237
PASSED: JUNE 26, 2002
SUBJECT: AGREEMENT WITH ELGIN TOWNSHIP, FOR THE PURCHASE OF
A PORTION OF PROPERTY LOCATED AT 725 S. MCLEAN
BOULEVARD, ELGIN, FOR$16,700 FOR THE SOUTH MCLEAN
BOUELEVARD IMPROVEMENT PROJECT
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Resolution No. 02-237
RESOLUTION
AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT
WITH ELGIN TOWNSHIP 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 Township,
for the purchase of a portion of property located at 725 S. McLean
Boulevard, Elgin, for $16, 700 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 26, 2002
Adopted:
Vote: Yeas Nays :
Recorded:
Attest :
Dolonna Mecum, City Clerk
1
REAL ESTATE SALES CONTRACT
1. CITY OF ELGIN, an Illinois municipal corporation (Purchaser) agrees to purchase at a price of Sixteen
Thousand Seven Hundred and No/100($16,700.00)Dollars,on the terms set forth herein, a portion of the property
commonly known as 725 S.McLean Boulevard,Elgin,Kane County,Illinois,and legally described as follows(the
"Property"):
(See attached Exhibit B,being the legal description of the Property in question)
Vutitwillittg(XPIU,WfffetVitibtroWICW
2. ELGIN TOWNSHIP (Seller) agrees to sell the Property 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 tights, subject only to: general taxes, if any, for the year 2001 and subsequent years.
3. Purchaser agrees to pay to Seller Sixteen Thousand Seven Hundred and No/100($16,700.00)Dollars,plus
or minus prorations, at the time of closing.
June 14
4. The time of closing shall be on or before N41115146,2002, 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 office of 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
A. 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.
This contract is subject to the Conditions and Stipulations set forth on the pages attached hereto,which Conditions
and Stipulations are made a part of this Contract.
Dated
/7141 , 2002.
PURCHASER: SELLER:
CITY OF ELGIN ELGIN TOWNSHIP
150 Dexter Court 1814 Grandstand Place
Elgin IL 60120-5555 Elgin,IL 60123
By: By 11 4,T ' 4f,7h
Edward Schock,Mayor Doug 1 �n,Township
Supervisor
Attest: ..�` `gip
City Clerk Clerk, Township df Elgin
1
CONDITIONS AND STIPULATIONS
. Purchaser shall obtain at its own expense.not less than 5 days prior to the time of closing,a title commitm'-nt
for an owner's title insurance policy issued by the Chicago Title Insurance Company in the amount of the purch:se
price,covering title to the real estate on or after the date hereof,showing title in the intended grantor subject onl to
(at the title exceptions set forth in Paragraph 2 above,and(b)title exceptions pertaining to liens or encumbrance 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.re
herein referred to as the permitted exceptions).The title commitment shall be conclusive evidence of good titl: as
therein shown as to all matters insured by the policy, subject only to the exceptions as therein stated. Seller s all
furnish Purchaser an affidavit of title in customary form covering the date of closing and showing title in Se ler
subject only to the permitted exceptions in foregoing items(a)and(b)and unpermitted exceptions,if any,as to w ch
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 deliv-ry
thereof to have the exceptions removed from the commitment or to have the title insurer commit to insure against 1s ss
or damage that may be occasioned by such exceptions,and,in such event,the time of closing shall be 35 days a ter
the delivery of the commitment or the time specified in paragraph S on the front page hereof,whichever is late . If
Seller fails to have the exceptions removed, or in the alternative,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 el ct,
upon notice to Seller within 10 days after the expiration of the 30-day period,to take title as it then is with the ri ht
to deduct from the purchase price liens or encumbrances of a definite or ascertainable amount.If Purchaser does of
so elect, this contract shall become null and void w:ithout 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.
riblf 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 applicabl to
this contract.
5. By mutual agreement of the parties this sale may be closed through an escrow with Chicago Title and T st
Company,in accordance with the general provisions of the usual form of Deed and Money Escrow Agreement t en
in use by Chicago Title and Trust Company,with such special provisions inserted in the escrow agreement as ay
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 con' .ct
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.
7. All notices herein required shall be in writing and shall be served on the parties at the addresses follow ng
their signatures.The mailing of a notice by registered or certified mail,return receipt requested, shall be suffici-nt
service.
8. Purchaser and Seller hereby agree to make all disclosures and do all things necessary to comply with he
applicable provisions of the Real Estate Settlement Procedures Act of 1974. In the event that either party shall ail
to make appropriate disclosure when asked, such failure shall be considered a breach on the part of said party.
2
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 Purchaser11111)
10. Prior to closing date,Purchaser at its own expense shall obtain a spotted survey of the premises, dated not
more than 6 months prior to the closing date,certified by a licensed surveyor,having all corners staked and showing
all improvements,easements,and building lines existing as of this contract date.If requested,seller shall provide an
affidavit verifying that no changes and improvements have been made since the date of the survey.
11. 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 :he amount of any applicable stamp tax imposed by the state,county or local ordinance on the transfer of title.
12. 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 estate;and(b)no hazardous materials or substances have been located on the
real estate or have been released, into the environment, or discharged, placed or disposed of, at or under the real
estate.
13. The parties acknowledge and agree that there is located within the area to be acquired by the City pursuant
to this Contract a certain fire hydrant. The City shall bear sole responsibility,at its sole expense,for removing said
fire hydrant from the area,to a new location east of the present location,and within the area to be acquired by the City
pursuant to this Contract.
14. The parties further acknowledge and agree that the Township has previously constructed certain curbing for
the entrances into its property from McLean Blvd. The City shall bear sole responsibility, at its sole expense, to
match up any curbing incorporated into its plan to improve and widen McLean Blvd. with the existing Township
curbing.
15. The parties further acknowledge and agree that the Township has recently constructed a new Town Hall
Building on its Property,which building has not yet been certified for occupancy by the City;and that the Township
has planned and intends to occupy said building not later than May 15, 2002, subject to final inspection of the
building itself. The City shall not withhold its occupancy permit from the Township for any factors arising out of
this Contract as to the condition of the site improvements (as separated from the condition of the building itself),
including but not limited to the curb cuts, driveways,curbing,location of the fire hydrant,and/or closing of one of
the previously existing entrances to the Property from McLean Blvd.
16. Notices to Purchaser to be sent to: Notices to Seller to be Sent to:
William A. Cogley Mark Schuster
Corporation Counsel Township Attorney
City of Elgin Schnell,Bazos,Freeman,Kramer& Schuster
150 Dexter Court 1250 Larkin Avenue #100
Elgin, Illinois 60120-5555 Elgin,IL 60123
RLegal/resalesk.725
3
RAGREE/EASEMENT. 725
epkDRAFT 5/21/02
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 ELGIN TOWNSHIP (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
Construction Easement from Grantor over the Temporary
ell.kConstruction 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 :
few Exhibit A
a '
1 . That Grantor does hereby grant to the City a
temporary construction easement for that portion of Grantor' s 47)
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
curbing to match the curbing previously constructed by the47)
Grantor. The 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 .
A")
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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
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
ea.. subject matter hereof .
-3-
8 . That this agreement shall be governed by and
construed in accordance with the laws of the State of Illinois. 47)
9. That it is understood and agreed that the City
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. 41",
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 TOWNSHIP
municipal corporation
By By
Mayor Doug Johnson
Attest : Attest :
City Clerk
44)
-4-
1 I
STATE OF ILLINOIS
) SS .
COUNTY OF K A N E
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 OF K A N E
I, the undersigned, a Notary Public, in and for said
County, in the State aforesaid, do hereby certify that
R , 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
P by
and Return to After Recording to:
William A. Cogley
City of Elgin
Legal Department
150 Dexter Court
Elgin IL 60120-5555
-5-
Exhibit A
47)
That part of the Southeast Quarter of the Southwest Quarter of
Section 22 , 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 intersection of the centerline of McLean
Boulevard, with the South line of the said Southwest Quarter;
thence North 83 degrees 58 minutes 50 seconds East, along said
South line, 45 . 26 feet to a line that is 45 . 0 feet Easterly of
and parallel with the said centerline for the Point of
Beginning; thence Northerly, along said parallel line, radius
34332 . 50 feet, chord bearing North 00 degrees 45 minutes 17
seconds East, 182 .41 feet; thence North 00 degrees 54 minutes
25 seconds East, parallel with the said centerline, 119 . 74
feet to a line that is 300 . 0 feet Northerly of and parallel
with the said South line of the Southwest Quarter; thence
North 83 degrees 58 minutes 50 seconds East, along said
parallel line, 10 . 08 feet to a line that is 55 . 0 feet Easterly
of and parallel with the said centerline; thence South 00
degrees 54 minutes 25 seconds West, along said parallel line,
98 . 55 feet; thence South 89 degrees 05 minutes 35 seconds
East, 15 . 0 feet; thence South 00 degrees 53 minutes 14 seconds
West, 60 . 0 feet; thence North 89 degrees 09 minutes 21 seconds
West, 10 . 0 feet to a line that is 60 . 0 feet Easterly of and
parallel with the said centerline; thence Southerly, along
414)
said parallel line, radius 34317 . 50 feet, chord bearing South
00 degrees 43 minutes 30 seconds West, 142 . 98 feet to the
aforesaid South line of the Southwest Quarter; thence South 83
degrees 58 minutes 50 seconds West, along said South line,
15 . 10 feet to the Point of Beginning. Said parcel containing
0 . 106 acre more or less .
47)
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Exhibit B
he West 45.0 feet of the South 300 .0 feet of the Southeast Quarter of the Southwest
uarter of Section 22, Township 41 North, Range 8 East of the Third Principal Meridian,
n the City of Elgin, Kane County, Illinois lying East of the centerline of McLean
oulevard. Said parcel contains 0.312 acre more or less, of which 0.229 acre is
rescriptive.
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