HomeMy WebLinkAbout04-272 Resolution No.04-272
RESOLUTION
AUTHORIZING EXECUTION OF A REAL ESTATE CONTRACT
(Dickie Avenue)
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 Contract on behalf of the City of Elgin with The Estate of Arnold Grasser, for
the sale of property commonly known as a portion of Dickie Avenue,Elgin, for$9,372.60,a copy of
which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: October 13, 2004
Adopted: October 13, 2004
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
REAL ESTATE CONTRACT
1 . The Estate of Arnold Grasser, (Purchaser) agrees to
purchase at the price of Nine Thousand Three Hundred
Seventy-Two Dollars and 60/100 ($9, 372 . 60) on the terms set
forth herein, the real estate (Real Estate) legally
described as follows :
That part of Dickie Avenue bounded on the North
by the southerly right-of-way line of F.A.
Route #6 (U. S . Route 20) bounded on the East by
the easterly right-of-way line of Dickie Avenue,
bounded on the South by the northerly right-of-
way line of Bluff City Boulevard and its westerly
extension to the point of tangency, as measured
at right angles to the North line of Bluff City
Boulevard per the plat of vacation recorded
December 6, 1928 as Document No. 10225730 and
bounded on the West by the westerly line of
Dickie Avenue and its southwesterly extension to
the aforesaid point of tangency, all in Elgin
Heights Addition to Elgin, being a subdivision of
part of Section 19, Township 41 North, Range 9
East of the Third Principal Meridian, according
to the plat thereof recorded September 17, 1891,
as Document No. 1537442 , in Cook County,
Illinois.
2 . City of Elgin, an Illinois municipal corporation (Seller)
agrees to sell the Real Estate described above at the price
and terms set forth herein and to convey its interest in
such Real Estate by quit claim deed to Purchaser subject to
all matters of record or otherwise including, but not
limited to: general real estate taxes for the years 2003
and subsequent years; special governmental taxes or
assessments for improvements not yet completed; unconfirmed
special governmental taxes or assessments; covenants,
conditions and restrictions; easements, if any;
encroachments, if any; the provisions of Paragraph 10 of
this agreement; and the reservation of easements described
in Paragraph 3 of this agreement .
3 . Prior to closing Seller shall provide for the adoption of
an ordinance vacating the subject portion of Dickie Street
as a public street . Prior to the passage of such ordinance
Purchaser shall submit written evidence to the Seller that
Purchaser has acquired title to and is the owner of all of
the property on both sides of the portion of Dickie Street
proposed to be vacated. In addition to the purchase price
Purchaser shall pay to the Seller the amount of Six Hundred
Seventy Dollars ($670 . 00) as a fee for the vacation of the
subject portion of Dickie Street . It is expressly agreed
and understood that in addition to other matters as set
forth herein Seller' s conveyance to the Purchaser of the
Real Estate shall also be subject to the reservation of
easements as set forth in the proposed ordinance vacating
the subject portion of Dickie Street attached hereto as
Exhibit A.
4 . The time of closing shall be on sp, T_ -7 1 , 2004 .
5 . Any and all costs of any title or survey desired by the
Purchaser shall be paid by the Purchaser. All costs of
recording shall also be paid by the Purchaser.
6 . There shall be no prorations . Seller shall convey its
interest in the property to the Purchaser subject to, among
other matters, any and all general taxes, special
assessments and any other similar items .
7 . Time is of the essence of this contract .
8 . All notices herein 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.
9 . Seller shall deliver possession to Purchaser on the
closing.
10 . A. The parties hereto understand and agree that the
Seller is conveying the Real Estate to the Purchaser
"as is" and "where is" without any representations or
warranties whatsoever, including but not limited to
representations or warranties relating to the
condition, merchantability or suitability of the Real
Estate for any particular purpose or as to any
Environmental Condition, (as hereinafter defined)
which may or may not exist on the Real Estate .
B. The parties hereto further understand and agree that
the Seller shall have no responsibility for any
response or corrective actions or remediation of any
environmental condition (as hereinafter defined) at,
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on, under or about the Real Estate and that the
Purchaser hereby waives and releases any claim for
contribution against, and covenants not to sue the
Seller, or Seller' s officials, officers, employees,
agents, attorneys, personal representatives,
successors or assigns, whether asserted directly or
indirectly, or whether in the nature of an action for
contribution, third party proceeding or other action
or proceeding whatsoever, for all damages including,
without limitation, punitive damages, liabilities,
costs, losses, diminutions in value, fines, penalties,
demands, claims, cost recovery actions, lawsuits,
administrative proceedings, orders, response action
costs, compliance cost, investigation expenses,
consultants fees, attorneys fees, paralegal fees and
litigation expenses (collectively "Claims" ) arising
out of or in connection with any Environmental
Condition (as hereinafter defined) on the Real Estate
or its migration to any other site or location or
arising out of or in connection with any Environmental
Law (as hereinafter defined) .
C. Purchaser hereby acknowledges and agrees that it is
purchasing the Real Estate in its "as is" and "where
in" condition and that, as of the closing, the
Purchaser will be purchasing the Real Estate with no
direct recourse or direct rights of action against the
Seller or the Seller' s officials, officers, employees,
agents, attorneys, personal representatives,
successors or assigns.
D. The Purchaser for itself and its successors, assigns
and grantees, hereby covenants and agrees that in
consideration of this contract, neither the Purchaser
nor its successors or assigns shall directly or
indirectly sue Seller or Seller' s officials, officers,
employees, agents, attorneys, personal
representatives, successors or assigns for any claims
with respect to, or arising out of any Environmental
Condition (as hereinafter defined) or any other
condition of, or situation existing with respect to
the Real Estate or any Environmental Law (as
hereinafter defined) . The covenant and agreement of
the Purchaser as set forth in the preceding sentence
shall hereinafter be called the "Covenant Not to Sue" .
The parties hereto understand and agree that
Purchaser' s Covenant Not to Sue Seller as stated
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herein does not apply to any action taken by the
Purchaser to enforce any contractual obligations of
the Seller as may be specifically set forth in this
contract and does not constitute an indemnity
agreement between the parties and that Seller retains
any liability it may have for claims brought by third
parties including but not limited to any governmental
agencies, provided, however, that the Purchaser agrees
not to assign any claims against Seller or Seller' s
officials, officers, employees, agents, attorneys,
personal representatives, successors and assigns to
any third parties.
E. "Environmental Condition" shall mean any condition or
situations existing on, under, at or about the Real
Estate, the groundwater, subsurface water, and/or the
underground soil and geologic conditions thereunder,
as of the date of the execution of this contract which
(i) constitutes a violation of any State of Illinois
or federal environmental law, regulation or ordinance
and/or (ii) which does or might form the basis of any
public or private claim or cause of action for the
cleanup or remediation as a result of the release,
threatened release, migration or the existence of any
contaminants, pollutants, petroleum and petroleum
byproducts, crude oil or any fraction thereof,
chemicals, wastes or substance (including, without
limitation, regulated substances and hazardous wastes
and hazardous substances as such terms are commonly
used and understood within the framework of existing
federal and Illinois environmental laws and
regulations) and/or (iii) are a release or a threat of
release of hazardous substances or hazardous waste,
and/or (iv) are described or included in any report
provided by the Seller to the Purchaser or in any
report generated by the Purchaser' s Environmental
Investigations of the Real Estate.
F. "Real Estate" shall mean the property described in
this contract, any and all improvements thereon, and
the soils, subsoils, geologic formations and
groundwater on and under such property.
G. "Environmental Law" shall mean any federal or state
law, statute, regulation, rule, order, decree,
judgment or direction concerning environmental
protection or health and safety including, without
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limitation, the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended,
the Resource, Conservation and Recovery Act, as
amended, the Toxic Substances Control Act, as amended,
and the Illinois Environmental Protection Act, as
amended.
H. The provisions of this Paragraph 10 shall be deemed
remade as of the Closing and shall survive the Closing
and shall not be merged into the closing documents.
Dated /p/.2//o y
PURCHASER: SELLER:
ESTATE OF ARNOLD GRASSER CITY OF ELGIN
•
BY `-(1.t,Q,i;f ot.c-0 By
t s Mayor
Attest :
RYD411 -0
City Clerk
150 Dexter Court
Elgin, IL 60120-5555
Attention: City Manager
with a copy of any notice to: with a copy of any notice to:
Joseph Delaney William A. Cogley
Attorney at Law Corporation Counsel
800 E. Northwest Highway City of Elgin
Suite 1010 150 Dexter Court
Palatine, IL 60074 Elgin, IL 60120-5555
F:\Legal Dept\Real Estate\RE-Sales Contract-Dickie Street ROW.doc
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•
EXHIBIT A
Ordinance No. S
AN ORDINANCE
VACATING A PORTION OF A PUBLIC STREET
(Dickie Avenue)
WHEREAS,the public interest will be served by vacating a portion of a public street in the
City of Elgin, Cook County, Illinois, as shown in Exhibit"A" attached hereto; and
WHEREAS, said property is not necessary to serve the public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That a portion of a public street in the City of Elgin, Cook County, Illinois,
legally described as follows:
That part of Dickie Avenue bounded on the North by the southerly right-of-
way line of F.A.Route#6(U.S.Route 20)bounded on the East by the easterly right-
of-way line of Dickie Avenue,bounded on the South by the northerly right-of-way
line of Bluff City Boulevard and its westerly extension to the point of tangency, as
measured at right angles to the North line of Bluff City Boulevard per the plat of
vacation recorded December 6, 1928 as Document No. 10225730 and bounded on the
West by the westerly line of Dickie Avenue and its southwesterly extension to the
aforesaid point of tangency, all in Elgin Heights Addition to Elgin, being a
subdivision of part of Section 19, Township 41 North, Range 9 East of the Third
Principal Meridian, according to the plat thereof recorded September 17, 1891, as
Document No. 1537442, in Cook County, Illinois.
be and the same is hereby vacated.
Section 2. That the City of Elgin does hereby reserve for and to itself and for and to any
public utility company owning any public utility or public service facilities in, upon or under said
right of way vacated by this ordinance full right of access for the purpose of continuing,extending or
installing any public utility or public service facilities and to maintain,renew,extend or construct or
reconstruct any such public utility or public service facilities. No buildings or other permanent
structure shall be construed upon said right-of-way vacated by this ordinance.
Section 3. That for and in consideration of the city vacating the portion of Dickie Avenue
as provided herein the Estate of Arnold Grasser as the owner of a parcel of property abutting the
portion of Wright Avenue vacated herein shall to the city the sum of$10,042.60. Upon receipt of
such funds,a quitclaim deed,a certified copy of this ordinance and a plat of said vacated right of way
shall be filed with the Recorder of Deeds of Cook County, Illinois, and thereupon the Estate of
Arnold Grasser as the owner of a parcel of property abutting the portion of Dickie Avenue vacated
herein shall pursuant to 65 ILCS 5/11-91-1 acquire title to the entire portion of Wright Avenue
vacated by this ordinance.
Section 4. That this ordinance shall be in full force and effect from and after its passage
and recording in the manner provided by law.
Ed Schock, Mayor
Presented:
Passed:
Vote: Yeas Nays:
Recorded:
Published:
Attest:
Dolonna Mecum, City Clerk
F:\Legal Dept\Ordinances\Vacate-Dickie Avenue ROW.doc
QUIT CLAIM DEED
(Corporation to Corporation)
THE GRANTOR, CITY OF ELGIN,
a municipal corporation,
created and existing under
and by virtue of the laws
of the State of Illinois and
duly authorized to transact business in the State of Illinois, for
and in consideration of the sum of Ten and no/100 ($10 . 00) Dollars,
in hand paid, and pursuant to authority given by the City Council
of the City of Elgin conveys and quit claims unto DANA MARZILLO, as
Trustee of the ARNOLD GRASSER REVOCABLE TRUST DATED OCTOBER 15,
2001, all interest in the following described Real Estate situated
in the County of Kane and State of Illinois, and legally described
as follows :
That part of vacated Dickie Avenue bounded on the North
by the southerly right-of-way line of F.A. Route #6 (U.S.
Route 20) bounded on the East by the easterly right-of-
way line of Dickie Avenue, bounded on the South by the
northerly right-of-way line of Bluff City Boulevard and
its westerly extension to the point of tangency, as
measured at right angles to the North line of Bluff City
Boulevard per the plat of vacation recorded December 6,
1928 as Document No. 10225730 and bounded on the West by
the westerly line of Dickie Avenue and its southwesterly
extension to the aforesaid point of tangency, all in
Elgin Heights Addition to Elgin, being a subdivision of
part of Section 19, Township 41 North, Range 9 East of
the third Principal Meridian, according to the plat
thereof recorded September 17, 1891, as Document No.
1537442 , in Cook County, Illinois .
SUBJECT TO: A reservation by the Grantor herein the City of
Elgin whereby the City of Elgin hereby reserves for itself and
for any and to any public utility company owning any public
utility or public service facilities in, upon or under the
property described herein full right of access for the purpose of
continuing, extending or installing any public utility or public
service facilities and to maintain, renew, extend or construct or
reconstruct any such public utility or public service facilities.
No buildings or other permanent structures shall be constructed
upon the vacated right-of-way described in this deed.
1 '
In Witness Whereof, said Grantor has caused its corporate seal to be
hereto affixed, and has caused its name to be signed to these presents
by its Mayor, and attested by its City Clerk, this 3cTN day of
November, 2004 .
CITY OF ELGIN
By •
Mayor
IMPRESS
CORPORATE SEAL
HERE Attest :
City Clerk
STATE OF ILLINOIS
ss
COUNTY OF K A N E
I, the undersigned, a Notary Public, in and for the County and
State aforesaid, DO HEREBY CERTIFY, that Ed Schock, personally
known to me to be the Mayor of the City of Elgin, a municipal
corporation, and Dolonna Mecum, City Clerk of said municipal
corporation, and personally known to me to be the same persons
whose names are subscribed to the foregoing instrument, appeared
before me this day in person and severally acknowledged that as
such Mayor and City Clerk, they signed and delivered the said
instrument as Mayor and City Clerk of said municipal corporation,
and caused the corporate seal of said municipal corporation to be
affixed thereto, pursuant to authority, given by the City Council
of said municipal corporation as their free and voluntary act, and
as the free and voluntary act and deed of said corporation, for the
uses and purposes therein set forth.
Given under my hand and official
seal this ,'0yt4 day of November, 2004
IMPRESS NOTARIAL
SEAL HERE
�ary ;. .lic
"OFFICIAL SEAL"
JENNIFER QUINTON
NotaryPublic,State of Illinois
My Commission Expires 08/30/08
This Instrument Prepared By: Address of Property:
William A. Cogley Vacated Portion of Dickie Avenue
Corporation Counsel Elgin, Kane County, Illinois 60120
City of Elgin
150 Dexter Court The above address is for statistical
Elgin, IL 60120-5555 purposes only and is not a part of
this deed.
Mail To After Recording To: Send Subsequent Tax Bills To:
Law Offices of Dibv4 14 "1<2. L- i72��k�
Joseph F. Delaney
800 E. Northwest Highway 3 / D0 (A) '4 L d�'O 4 "
Suite 1010 -Z vu% /
Palatine, IL 60074 ` +
F:\Legal Dept\Real Estate\Deed-Quit Claim-Dickie Avenue.doc
PERMANENT INDEX NUMBER OF ADJOINING PROPERTIES IN BLOCK 2
IN ELGIN HEIGHTS ADDITION TO ELGIN:
PART OF LOT 1 06-19-319-002
PART OF LOT 2 06-19-319-008
LOT 3 06-19-319-009
LOT 4 06-19-319-010
LOT 5 06-19-319-011
PART OF LOT 6 06-19-319-012
06
1,
Agenda Item No.
,I City of Elgin
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April 9, 2004 ECONOMIC GROWTH
TO: Mayor and Members of the City Council
FROM: David M. Dorgan, City Manager J /k'
Raymond H. Moller, Director of Economic Development
SUBJECT: Sale of Dickie Avenue Right of Way
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to authorize the sale of unimproved right of way for Dickie Avenue, to the owner of
956 and 960 Bluff City Boulevard.
RECOMMENDATION
It is recommended that the City Council approve the sale of the unimproved portion of the
Dickie Avenue right of way to the estate of Arnold Grasser.
BACKGROUND
The unimproved portion of Dickie Avenue separates properties owned by the estate of Mr.
Arnold Grasser. The estate owns 956 and 960 Bluff City Boulevard. The owner is requesting that
the city vacate the right of way that divides the two parcels. The proposed vacation consists of
15,621 of land. The property owner is prepared to pay$9,372.60 for the land.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
FINANCIAL IMPACT
The proceeds from the land sale will be credited to the General Fund.
re- Sale of Dickie Avenue Right of Way
April 9, 2004
Page 2
LEGAL IMPACT
A plat of vacation and a real estate contract will be required.
ALTERNATIVES
1. Sell the vacated right of way to the estate of Arnold Grasser.
2. Choose not to vacate the right of way.
Respectfully submitted for Council consideration.
dr
Attachments
/
LAW OFFICES OF
JOSEPH F. DELANEY
800 E.NORTHWEST HIGHWAY 14 E.JACKSON STREET
SUITE 1010 SUITE 1200
PALATINE,IL 60074 CHICAGO,IL 60604
847/991-9753 312/294-8989 x107
FAX 847/991-9754
March 5, 2004 •
Mr. Ray Moeller
City of Elgin
150 Dexter Court
Elgin, IL60120
Re: 956-960 Bluff City BlvdlDickie Avenue
Dear Mr. Moeller:
This will confirm that my clients are in agreement with your office to purchase the
subject property at$.60/square foot. Please advise at to how the purchase will proceed. I
already have Plat of Vacation surveys completed and include on for your consideration.
I look forward to completing this transaction in the very near future.
Ver truly yours,
(1
oseph elaney
JFD/mb
Cc: Nisivaco
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LAW OFFICES OF
JOSEPH F. DELANEY
800 E.NORTHWEST HIGHWAY 14 E.JACKSON STREET
SUITE 1010 SUITE 1200
PALATINE,IL 60074 CHICAGO,IL 60604
847/991-9753 312/294-8989 x107
FAX 847/991-9754 February 16, 2004
Mr. Ray Moeller
City of Elgin
150 Dexter Court
Elgin, IL60120
Re: 956-960 Bluff City Blvd/Dickie Avenue
Dear Mr. Moeller:
As you may recall, we spoke earlier this year regarding property located at 956 Bluff City
Blvd and Dickie Avenue. In December 2003 we discussed purchase of this parcel by my
clients. At that time a figure of$1.00/square foot was suggested. I did not have an
accurate idea of the square footage we were looking at and set about to make a proper
determination. I enclose for your consideration surveys of the subject parcel we ordered.
As you can see the subject parcel is 15,621 square feet.
I further reviewed comparable recent sales of vacant land in Elgin to determine a fair
market price. Vacant property located at McDonald and Burlington roads sold for
approximately$.60/square foot. This most closely resembles the subject parcel and we
believe constitutes an accurate fair market value. In my previously submitted draft
ordinances, my clients were seeking an even exchange of the property for the years of
maintaining and securing the parcel. Our cost for maintaining the parcel on an annual
basis is approximately$250.00 (mowing bi-weekly, snow removal as needed). When we
take that into account over the sixteen years of ownership, we get a figure of$4,000.00.
Taking what we consider fair market value and subtracting the expenses paid to maintain
the parcel, my clients arrived at their offer. My clients offer to purchase the subject
parcel for$5,372.60.
Please consider this offer and contact me so we may conclude this matter to the mutual
benefit of the City of Elgin and my clients.
Ver truly yours,
oseph Delaney (./f2e-4/1.2
JFD/mb
Cc: Nisivaco
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LAW OFFICES OF
JOSEPH F. DELANEY
800 E.NORTHWEST HIGHWAY 14 E.JACKSON STREET
SUITE 1010 SUITE 1200
PALATINE,IL 60074 CHICAGO,IL 60604
847/991-9753 312/294-8989 x107
FAX 847/991-9754 October 21, 2003
Mr. Michael Gehrman
Mr. Ray Moeller
City of Elgin
150 Dexter Court
Elgin, IL60120
Re: 956-960 Bluff City Blvd/Dickie Avenue
Dear Messrs. Gehrman and Moeller:
As you may recall, we spoke earlier this year regarding property located at 956 Bluff City
Blvd and Dickie Avenue. We discussed the ownership of a certain parcel of land that is
contiguous to 956 Bluff City Blvd and 960 Bluff City Blvd. We presented evidence of
ownership of this parcel by the City of Elgin by way of a Title Insurance Commitment
from Chicago Title Insurance. I enclose an additional copy for your convenience.
I had several conversations with Mr. Gehrman as to how to proceed with this matter so
that the subject parcel can be attached to 956 and 960 Bluff City Blvd. As you know.
The City never created a road on this parcel and today the parcel is clearly abandoned.
My clients, the owners of parcels on both sides of this abandoned road desire to unite
their parcels by attaining ownership of the abandoned Dickie Avenue. My clients have
maintained the parcel throughout the years and have otherwise openly acted as owners of
the parcel.
In order to conclude this matter I enclose a draft ordinance, which will allow the City of
Elgin to vacate this portion of Dickie Avenue and adjoin the subject parcel to 956-960
Bluff City Blvd. In this way the City can commence taxing the subject parcel and my
clients can use the property for best possible use.
Please contact me so we may conclude this matter as soon as possible.
Very truly yours,
'2-44'7
r _Joseph Delaney
JFD/mb
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