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HomeMy WebLinkAbout03-62 Resolution No. 03-62 RESOLUTION AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT (158 and 160-162 Ann Street) 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 Progressive Baptist Church, for the purchase of property commonly known as 158 and 160- 162 Ann Street , Elgin, for $55 , 000 , a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: February 26, 2003 Adopted: February 26 , 2003 Omnibus Vote : Yeas : 6 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk August 1, 2019 R03-62 is for a sales contract for 158 and 160-162 Ann Street. Other documents is this folder list the address as 150 Ann Street. The pin # was listed as 06-14-229-004 for both addresses. Upon further investigation it was learned that the original address was 150 Ann Street. That corner lot now goes by the address 341 Douglas Avenue and is the location of the neighborhood butterfly garden park. REAL ESTATE SALES CONTRACT 1 . CITY OF ELGIN, a municipal corporation (Purchaser) agrees to purchase at a price of $55, 000 . 00 on the terms set forth herein, the following described real estate in Kane County, Illinois : Legal Description per Survey to be Inserted by the Attorneys for the Parties (Permanent Index Number 06-14-229-004 , 06-14-229-010) commonly known as 158 and 160-162 Ann Street, Elgin, Kane County, Illinois, and with approximate lot dimensions of 17, 696 . 25 square feet or . 40 acres . 2 . Owner (s) of Record (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, and a proper bill of sale, subject only to general taxes for the year 2002 and subsequent years . 3 . Purchaser agrees to pay the purchase price, plus or minus prorations, at the time of closing. 4 . The time of closing shall be on or before March 31, 2003 , 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 . Seller hereby represents and warrants to Purchaser the following for the purpose of inducing Purchaser to enter into this agreement, which representations and warranties to the best of Seller' s knowledge shall be true as of the date hereof and of the Closing Date and shall survive the closing: a. To the best of Seller' s knowledge neither the Improvements, if any, nor the Premises contain any friable asbestos and no polychlorinated biphenyls (PCBs) are located in, on or under the Premises (including, without limitation, in, on or under any equipment located thereon) ; b. To the best of Seller' s knowledge there are not now, nor have there ever been any Underground Storage Tanks (whether in service or closed) located at, on or under the Premises; c . To the best of Seller' s knowledge no hazardous materials or substances have been located on the Premises or have been released into the environment, or discharged, placed or disposed of, at or under the Premises; d. To the best of Seller' s knowledge the Premises have never been used as a dump for waste material ; e. To the best of Seller' s knowledge the Premises and its prior uses comply with and at all times have complied with any applicable governmental law, regulation or requirement relating to environmental and occupational health and safety matters and hazardous materials or substances . 6 . Purchaser' s obligation to purchase under this contract with subject to the inspection and approval of the condition of the property by Purchaser or Purchaser' s agent, at Purchaser' s expense, within seven (7) business days from the date of acceptance of this contract by the parties hereto. In the event the condition of the property is not approved, written notice shall be given to the Seller or Seller' s agent by the Purchaser within the time specified for approval, and thereupon, Seller' s obligation to sell and Purchaser' s obligation to purchase under this contract shall become null and void. In the absence of written notice within the time specified herein, this provision shall be deemed waived by all parties hereto, and this contract shall be in full force and effect . 7 . Seller shall compensate Seller' s real estate broker in accordance with Seller' s agreement with Seller' s real estate broker. It is agreed and understood that Purchaser shall have no responsibility to pay any real estate commission. This contract 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: S` , 2003 PURCHASER: CITY OF ELGIN SELLER: PROGRESSIVE BAPTIST CHURCH By: „� )• 4121) Mayor Seller Signature Attest : -` -a', 6d////e" 'Pit TIP City Clerk Print Seller Name Seller Signature Print Seller Name Purchaser Address : Seller Address : City of Elgin Progressive Baptist Church 150 Dexter Court 305 Ann Street Elgin, Illinois 60120-5555 Elgin, Illinois 60120 Attention: Corporation Counsel Sefie v-S 44orney 847- G13 I -5655 Robe r-f- J , S+e-r--f i Ico/ 8if7 q3S� 6 10 / S1- 11y -+ 54e, -e ki / 7 Qou Ias, Avenue Pa rKoktd 1- Holler L (�0!aO �l L r tri Pi edG e- ©"C FConor�,'c Qe'eIop, 07-14/-0503 x 13 g7_ 741- 6q 73 CONDITIONS AND STIPULATIONS 1 . Seller at Seller' s expense shall not less than seven (7) days prior to closing obtain and provide to Purchaser a title commitment for an iwnQ r ' s insuce _policy ONNe $ vuamµ ii t4/ G . 46 Jissued by the 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 also 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 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 . Y(O"( 3 . General real estate taxes shall/ be prorated as of the time of closing. - - e cu - • - =1 estate tax is not then ascertainable, the adjustm- - hereof shall be on the basis of the amount of : % of the most recent ascertainable taxes. All pro - ions are final unless otherwise provided herein. Se shall furnish a completed Real Estate Transfer Decla - ion signed by the Seller or the Seller' s agent in th- orm required pursuant to the Real Estate Transfer Act of the State of Illinois and shall furnish any - -claration signed by the Seller or the Seller' s agent o eet other requirements as established by any local o e ' nance with regard to a transf r f title or real estate a act iomo . Settee is eXesnp-r -fork pay kt3 real es4a'Le "iaKes, ✓✓ 4 r&F 4 . This sale shall be closed through an escrow with -•••_ . , in accordance with the general provisions of the usual form of DeedAa.ck. Money Escrow Agreement then in use by - ' -- __ _ _ , 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 the Purchaser. 5 . Time is of the essence of this contract . 6 . 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 . 7 . 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. 8 . Seller shall deliver possession to Purchaser on the closing. Prior to closing Seller shall terminate any existing tenancies for the subject property and shall deliver the property at closing vacant and free and clear of any tenancies or occupants . 9 . Seller at Seller' s expense shall not less than seven (7) days prior to closing obtain and provide to Purchaser a plat of survey which is dated not more than six (6) months prior to the date of closing, by an Illinois registered land surveyor, providing for the legal description of the real estate and showing any encroachments, measurements of all lot lines, all easements of record, building setback lines of record, fences, all building and other improvements on the real estate and distances thereof to the nearest two lot lines . F:\Legal Dept\Real Estate\RE-Sales Contract-158&160-162 Ann St. .doc 0,„G„ City of Elgin Agenda Item No. 4P § E L 10 u1u October 4 , 2002 G �,KM N t�� � TO: Mayor and Members of the City Council 1" ' FINANCIALLY STABLE CITYGOVERNMENT EFFICIENT SERVICES, ANDQUALITY INFRASTRUCTURE FROM: Olufemi Folarin, Interim City Manager SUBJECT: Purchase of 158 and 160-162 Ann Street PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council regarding progress on negotiations to purchase 158 and 160-162 Ann Street . BACKGROUND On July 24 , 2002 , City Council authorized staff to spend up to $52, 000 to purchase the above mentioned parcels of vacant land. A verbal offer of $50, 000 was made to the owner of the properties, Progressive Baptist Church of Elgin. The church countered with a selling price of $65, 000 . A formal appraisal of the properties has not been ordered. Staff has had conversations with Neil Steffen and he has informally indicated that a sale price of $65, 000 is high. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT 10-4,( Presently there are no funds allocated in the five year plan for acquisition, maintenance, or site improvements . Funds would need to be included in the 2003 budget for the aforementioned items . Maintenance of the park is estimated at $1, 150 annually with the purchase of playground equipment estimated to cost approximately $80, 000 Purchase of 158 and 160-162 Douglas Avenue October 4 , 2002 Page 2 M LEGAL IMPACT A real estate contract would be required. ALTERNATIVES 1 . Purchase the lots . 2 . Decline to acquire this property. RECOMMENDATION It is recommended that staff be authorized to offer up to $55, 000 to acquire the two parcels . Respectfully submitted, • Olufemi F. arin Inte y ' . - ager RHM:cm Attachments • /9rojreó $ive /?ctpiiit Church 305..Ann Street • 4 n e4 n�;Willie c670120 -Reverend jWlie 1L�/a1eJ9astor _ - •' �ekp�wne: (Church) 847-468-1103 ®A ® (Arne) 847-888-3363 September 23, 2002 Dear Mr. Mogler, This letter is to follow up with the conversation you had with Pastor Tate of Progressive Baptist Church of Elgin IL, about the vacant lots located at 158 Douglas and 160-162 Ann St. Elgin IL, we will accept $65,000.00 for both lots. We have arrived at this price based on the two lots that sold for $55,000. each located at 453 and 454 Fremont St. Elgin IL. Thank You Z Dan : 2..!, -7.: . ',41 ',,-----,40 i . 1. - a IR 4 w .ih D o u MPS . • �.... � .. .4' , .,..„_,,.,„,. ,...........,... .. . .. ,:.... Ill k:. .v .,. _ ..,.._ _... 'n" l�NMR7" li q t rte" ai .iY it . +IC , 11:4,., M+ R °� -•::' ' , • SI i 1 • 11 . t1 . 4iiti.4.`'''''i .,.,dlli., .. .# — - . 1,-.' ,.... ,. ,,,......., . , ,......,, . . . ,..., , 0, • 171,0,7111 ,:. ,,., , . , .. .... .„ . . . .,,m _ . . . •, ,, ................., ...„:„ ...., Y w • . ,, .. ...... „ -r - • Eil - '''...--., - EigrAam 0,..„,,..„.... , ,. ... , „ . ...„ , .0, ,,,..„..„.. .. ...„„..., ... , _ . . ., . , ., . ... , . , .,• , . • pu. _ - IEEE I cif . ', II • a ., k f • Dom°"" .. •, -t f 3: r7§ X - ...a..._r. t � _ rig .. S k. ,arA ., . F I ff gg • ` -411"- , IR August 1, 2002 J...s.-- .\.IS I • - Dear Mayor Schock, The Northeast Neighborhood Association(NENA) in it's letter of support for"The Rowhomes at Centre"of June 24,2002, requested the city of Elgin look into purchasing a vacant parcel on the corner of Ann and Douglas Ave. This property was recently listed for sale by Coldwell Banker Primus and is comprised of two lots 158 Douglas Avenue and 160-162 Aim Street. The Douglas Ave lot is offered at a list price of$24,000 while the Ann street lot is being offered at $28,000 ( listing sheets are enclosed). The Ann Street lot is deeper and is situated behind khe property currently being renovated by Neighborhood I louse Service(NHS). NIIS has shown interest in acquiring the rear portion of the Ann street lot to create a back yard for their Douglas Avenue property.NENA would be willing to consider reducing the amount of land to be devoted to a public park should the city wish to negotiate with NHS on the rear portion of the Ann Street property. The parcel of land at Kimball Street and Douglas Avenue which had been designated as an entryway park, for the I listoric District was limited in its use as a park. We would once,again like to stress the importance of public open space in our neighborhoods and the parcel at Ann and Douglas would provide the entire Northeast Neighborhood with a wider range of activities and uses. As some properties in our neighborhood tend to sell quickly,we would encourage the city to proceed promptly in this matter to ensure all generations the use and enjoyment of this future park. I Sincerely, Betsy Cou ire, President , Northeast Neighborhood Association Attachment cc: Council members Olufemi Folarin Sean Stegall Mark Biernacki Miriam Scott NorthEast Neighborhood Association • P.O. Box 1446 • Elgin, Illinois 60121 OW GL!znnt 11:01 tsµI I4Z315. - UI3-'KiMUS NAGE 02 -AUG-2002 11:25 _ _=---= #1 + + IL-$ 24, 000 ACTV WF N OMD: CLD: VL I + + IS-$ SAG SO PNT FIN MT 841 + -- + (MAP COORDS — N: 12 W: 34 S: 0 E: 0 I + + 158 DOUGLAS 123 021068211 ELGIN 60120- SUB: I DIR: ANN W TO DOUGLAS CORNER OF ANN & DOUGLAS I 1 ( CRP: ELGIN C:KANE T:ELGIN 1 + - + IRM: BR: BTH: 0.0 MBB: FP: BMT: PKN: Ct.n: 1 ISTY: TPE: EXT: OWN: FSI + + IDIM: 82X82 ACR: 0.00 AZN:RES 1 ILSZ:LT . 25 AC PIN: 0614229010 MP: SAS:NI + -- + IFTG:CTY ST G:CENTUR 46 TX:EXEMPT -00 I ICUU:RES-SNGL FAM J: KIMBAL 46 TXC:N IUTIL:GAS NEARBY,WATER-MUNI H:LARKIN 46 POS:CLOSING I IBAK: RP: RU: LT: I IBIM: LND: + + NICE SIZE LOT FOR YOUR NEW HOME. + + CC:3%-75 SCI:N SHO: DRIVE BY OWNER:CHURCH AON:N PH: BROKER:COLDWELL BANKER PRI* ID#: 7636 PH: 847-742-5000 AGENT:BRENDA RODGERS ID#:77363 PH: 847-742-5000 AGENT E-MAIL: COLIST: AAN: + + INFO NOT GUAR. ,CHECK FLOOD INS. , RM.SZ.ROUNDED TO NEAREST FT. Prepared by: Coldwell Banker Primus on August 2,2002 A8/02/2002 11:51 8477425039 CBPRIMUS PAGE 03 -AUG-2002 11:25 a #2 + + IL-$ 28, 000 ACTV WF N OMD: CLD: VL I + + 1S-$ SAG SO PNT FIN MT 841 + + IMAP COORDS - N: 12 W: 34 S: 0 E: 0 I + + 160-62 ANN 123 02106790 ELGIN 60120- SUB: DIR: DUNDEE AVE TO ANN ST W TO PIQ CRP:ELGIN C:KANE T: ELGIN + + IRM: BR: BTH: 0. 0 MBB: FP: BMT: PKN: CARS: I ( STY: TPE: EXT: OWN: FSI + + 1DIM: 85X132 ACR: 0 . 00 AZN: RES I ILSZ :LT . 25 AC PIN: 0614229004 MP: SAS:NI + + IFTG:CTY ST G:CENTUR 46 TX:EXEMPT -00 I ICUU: RES--SNGL FAM J: KIMBAL 46 TXC:N I IUTIL:GAS NEARBY,WATER-MUNI H:LARKIN 46 POS:CLOSING IBAK: RP: RU : LT: IBIM: LND: I + + CHECK OUT THIS LOT PERFECT FOR YOUR NEW HOME. + + CC: 3%-75 SCI :N SHO: DRIVE BY OWNER: PROGRESSIVE AON:N PH: BROKER:COLDWELL BANKER PRI* ID#: 7636 PH: 847-742-5000 AGENT: BRENDA RODGERS ID# : 77363 PH: 847-742-5000 AGENT E-MAIL: COLIST: AAN: + + INFO NOT GUAR. , CHECK FLOOD INS. ,RM_SZ.ROUNDED TO NEAREST FT. Prepared by: Co/dwell Banker Primus on August 2,2002