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HomeMy WebLinkAbout79-1129 -1-GA- 11 aq FILED FOR RECORD • KANE COUNTY.ILL. . • 153499 I 19?O FEB -4 Al4 10 fit DECLARATION OF COVENANTS RECORDER OF DEEDS These covenants made and entered the 29th day of November, 1979 by the Greater Elgin Senior Center, Inc. , an Illinois not for profit corpora- tion, hereinafter referred to as "Owner" the legal and equitable owner of certain real property legally described as: That part of Lots 8 and 19 in Block 13 of the Original Town of Elgin on the East side of Fcx River, described as follows: Beginning at the point of intersection of the East line of Spring Street with the South line of Fulton Street; thence East along the South line of Fulton Street (being the North line of said Lots 19 and 8) , 97.6 feet to a point 36 feet West of the Northeast corner of said Lot 8; thence South parallel with the East line of said Lot 8, 44.86 feet; thence West parallel with the South line of said Fulton Street to the Easterly line of Grove Avenue; thence Northerly along said Easterly line to the East line of said Spring Street; thence North along said East line of Spring Street, 44 feet to the point of beginning, in the City of Elgin, Kane County, Illinois. WITNESSETH WHEREAS, the City of Elgin, a municipal corporation, has applied for and received federal funds through the Housing and Community Development Block Grant, B-79-MC-17-0011 for the purchase and rehabilitation of a structure for a senior citizens center; and WHEREAS, the Greater Elgin Senior Center, Inc. , has an ongoing program for senior citizens and is in need of additional facilities to con- tinue its program; and WHEREAS, the City of Elgin agrees to transfer its federal funds to the Greater Elgin Senior Center for the purchase of a building for its programs subject to the covenants herein contained. NOW, THEREFORE, the Owner declares, covenants and agrees as follows: 1. That the Owner agrees to use the building for a multi-family senior citizen center on the property legally described as: That part of Lots 8 and 19 in Block 13 of the Original Town of Elgin on the East side of Fox River, described as follows: Beginning at the point of intersection of the East line of Spring Street with the South line of Fulton Street; thence East along the South line of Fulton Street (being the North line of said Lots 19 and 8) , 97.6 feet to a point 36 feet West of the Northeast corner of said Lot 8; thence South parallel with the East line of said Lot 8, 44.86 feet; thence West parallel with the South line of said Fulton Street to the Easterly line of Grove Avenue; thence Northerly along said Easterly line to the East line of said Spring Street; thence North along said East line of Spring Street, 44 feet to the point of beginning, in the City of Elgin, Kane County, Illinois. 2. That the Owner agrees not in any way to change its use without the express written approval of the City of Elgin, a municipal corporation. -1- 1534991 3. That the Owner agrees that it will not mortgage, refinance or allow any lien or encumbrance on said building or property without the express written approval of the City of Elgin, a municipal corporation. 4. That the Owner agrees not to convey, lease or in any way divest itself of the fee ownership of said property without the express written approval of the City of Elgin, a municipal corporation. 5. That the owner agrees to maintain an insurance policy acceptable to the City of Elgin on said building and property and any proceeds that become payable from said policy shall be used to repair the building or shall be returned to the City of Elgin. 6. That the Owner agrees that should it no longer desire fee simple ownership of said property it shall reconvey the property to the City of Elgin, a municipal corporation, for the consideration of One Dollar ($1.00) and this declaration. 7. That the Owner agrees that should it violate any provision of this covenant and after notice by the City of Elgin fail to correct said violation within sixty (60) days or should the building remain vacant for ninety (90) days after occupancy, the Owner shall within thirty (30) days convey all its interest to the City of Elgin as provided for in paragraph 6. 8. That the benefits and burdens of these covenants herein con- tained shall annex to and run with the land herein described as: That part of Lots 8 and 19 in Block 13 of the Original Town of Elgin on the East side of Fox River, described as follows: Beginning at the point of intersection of the East line of Spring Street with the South line of Fulton Street; thence East along the South line of Fulton Street (being the North line of said Lots 19 and 8) , 97.6 feet to a point 36 feet West of the Northeast corner of said Lot 8; thence South parallel with the East line of said Lot 8, 44.86 feet; thence West parallel with the South line of said Fulton Street to the Easterly line of Grove Avenue; thence Northerly along said Easterly line to the East line of said Spring Street; thence North along said East line of Spring Street, 44 feet to the point of beginning, in the City of Elgin, Kane County, Illinois. and shall bind the respective legal representatives, successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, the Owner has executed these covenants the day and year first above written. GREATER E IN SENIOR CENTER, INC. ,}K;43, President Att t: 1 5 3 4 9 retary -2- • 4' 4; • STATE OF ILLINOIS ) ) SS COUNTY OF KANE ) I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY, that G � ,L. personally known to me to be the President of t o Greater Elgin Senior Center, Inc. , a not for profit corporation, and \-\0,, o,d, personally known to me to be the Secretary of said corporation, anrSpersonally known to me to be the same persons whose names are subscribed to the fore- going instrument, appeared before me this day in person and severally acknowledged that as such President and Secretary, they signed and delivered the said instrument as President and Secretary of said corporation, and caused the corporate seal of said corporation to be affixed thereto, pursuant to authority, given by the Board of ••.„k � of said 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 day of November, 1979. Commission expires: , 19 Nota Public This Instrument Prepared by: James W. Binninger — �.; Assistant Corporation Counsel - City of Elgin _ U 150 Dexter Court J•' ',r Q Elgin, Illinois 60120 %,y;-;, 312-695-6500 -3- 53499