HomeMy WebLinkAbout87-1209 Times Square AGREEMENT TO AMEND DEDICATION AND GRANT FOR PUBLIC PURPOSE
This Agreement made this 091 1�E��x2
g q day of-November, 1987 , by and
among the AMERICAN NATIONAL BANK & TRUST COMPANY OF CHICAGO, not
individually, but as TRUSTEE UNDER TRUST AGREEMENT DATED MAY 15,
1970 , and known as Trust No. 29804 ( "GRANTOR" ) , the CITY OF ELGIN,
an Illinois municipal corporation ( "CITY" ) , the FEDERAL NATIONAL
MORTGAGE ASSOCIATION ( "FNMA" ) , and SECRETARY OF HOUSING AND URBAN
DEVELOPMENT, acting by and through the DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT ( "HUD" ) .
PREAMBLES :
WHEREAS , the parties had previously entered into a Dedication
and Grant for Public Purpose for certain real estate known as
Watchtower Drive , CITY of Elgin , Kane County, Illinois ( "Dedica-
tion" ) ;
WHEREAS , the CITY approved the Dedication on November 11 ,
-1987 ;
WHEREAS , the Dedication as approved did not include certain
terms and conditions , which are relevant according to the Illinois
Municipal Code , Ill . Rev . Stat . 1985, ch. 24 , par. 11-91 et sea. ;
in the event of vacation and which the parties agree should have
been included in the Dedication; and
WHEREAS , the parties understand and agree that this Amendment
is in the nature of a technical correction, that this Amendment
does not materially alter the understanding of the parties as
expressed in the Dedication, and that the Amendment will supersede
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•
the Dedication only as specifically set forth herein and that the
Dedication otherwise remains in full force and effect and enforce-
able according to its terms.
NOW, THEREFORE, in and for exchange of the foregoing preambles
and other good and valuable covenants and undertakings, the suffi-
ciency of which is acknowledged by execution , the parties hereto
declare , grant , covenant and stipulate as follows:
1 . Section 1 of the Dedication is deleted in its entirety and
the following Section 1 is inserted in its place:
"1 . The GRANTOR does hereby perpetually give ,
grant and dedicate the Real Estate described on the Plat
of Dedication and all improvements thereon including
without limitation asphalt roadways, curbs, gutters,
sidewalks , street lighting , storm and sanitary sewer
service and water pipelines to the CITY OF ELGIN for the
exclusive purpose of public use and public ways, to be
used as a public street for pedestrian and vehicular
traffic in perpetuity unless this dedication is vacated
or otherwise extinguished , in which case section 2 shall
control . "
2. Section 2 of the Dedication is deleted in its entirety and
the following Section 2 is inserted in its place :
"2 . The CITY may close the Real Estate to traffic
only upon the following conditions: ( i ) such closing
must be in the public interest, ( ii ) an equally well
improved alternative means of ingress and egress to and
from National Street is provided by the CITY, other than
the existing access to Bent Street, and ( iii ) the
GRANTOR, FNMA and HUD or the then existing mortgagee ,
first approve in writing of such closing and alterna-
tive . Notice of such intended road closing and a copy
of this Agreement shall be mailed to:
GRANTOR: AMERICAN NATIONAL BANK & TRUST
COMPANY OF CHICAGO, Trustee
Under Trust No. 29804 ,
Dated May 15 , 1970
33 North LaSalle Street
Chicago, Illinois 60602
Page -2- of 4 Pages
FNMA: Federal National Mortgage Association
Regional Counsel
950 East Paces Ferry Road
Atlanta , Georgia 30326-1161
HUD: Mr. Ben Tessler
Loan Management Branch
Department of Housing & Urban Development
547 West Jackson Boulevard
Chicago, Illinois 60606
Notwithstanding anything herein to the contrary,
upon abandonment, vacation or the extinguishment of the
dedication , title to the Real Estate shall continue to
vest in the GRANTOR and shall be free and clear of the
dedication. In the case of extinguishment by vacation,
there shall be no requirement that the GRANTOR pay any
compensation to the CITY therefor."
3 . The CITY shall enact an appropriate ordinance or resolu-
tion approving this Amendment . The GRANTOR shall be responsible
for recording this Amendment .
4 . This Amendment may be executed in any number of counter-
parts , each of which together shall constitute the agreement of the
parties . Except as specifically provided in this Amendment , the
parties hereto covenant and agree that the Dedication as approved
and recorded in the Recorder of Deeds Office , Kane County, Illinois
is and shall be fully enforceable according to its original terms.
5. Except as specifically provided herein, the parties hereto
covenant and agree that the Dedication agreement they executed has
not been altered or modified.
6 . This Amendment is executed by American National Bank &
Trust Company of Chicago, as Trustee as aforesaid in the exercise
of the power and authority conferred upon it and vested in it as
such Trustee . It is expressly understood and agreed that nothing
herein shall be construed as creating any personal liability on
Page -3- of 4 Pages
American National Bank & Trust Company of Chicago as Trustee.
IN WITNESS HEREOF, the parties hereto have set their hands to
this Amendment as of date herein set forth.
AMERICAN NATIONAL BANK & TRUST
COMPANY OF CHICAGO, not individually ,
but as TRUSTEE UNDER TRUST NO. 29804 ,
DATED MAY 15 , 1970
BY:
ITS:
ATTEST:
CITY OF ELGIN , AN ILLINOIS MUNICIPAL
CORPORATION
B Y:
ITS :
ATTEST:
SECRETARY OF HOUSING AND URBAN
DEVELOPMENT, acting by and through
the DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
BY:
ITS:
ATTEST:
FEDERAL NATIONAL MORTGAGE ASSOCIATION
BY:
ITS :
ATTEST:
Page -4- of 4 Pages
{
DECLARATION AND GRANT FOR PUBLIC PURPOSE
This Grant and Deed of Dedication dated this 19th .day of
October, 1987, by and between the AMERICAN NATIONAL BANK & TRUST
COMPANY OF CHICAGO, not individually, but as TRUSTEE UNDER TRUST
AGREEMENT DATED MAY 15, 1970, and known as TRUST NO. 29804
("GRANTOR" ) , the CITY OF ELGIN, an Illinois municipal corporation
( "CITY" ) , the FEDERAL NATIONAL MORTGAGE ASSOCIATION ( "FNMA" ) , and
SECRETARY OF HOUSING AND URBAN DEVELOPMENT, acting by and through
the DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ( "HUD" ) .
PREAMBLES:
WHEREAS, the GRANTOR owns in fee simple absolute the real
estate commonly known as Watchtower Drive, City of Elgin, Kane
County, Illinois and legally described in Exhibit "A" attached
hereto and made a part hereof by reference and depicted on the
Plat of Dedication to be recorded concurrently, as provided by
Illinois law ( "Real Estate" ) ;
WHEREAS, the Real Estate is presently improved with asphalt ,
curbs and gutters, sanitary sewer mains, water pipelines, and
street lighting;
WHEREAS, the Real Estate has been and presently is being
used for ingress and egress to Watchtower Apartments a/k/a Times
Square Apartments FHA Project No. 071-44013 and is commonly known
as Times Square Drive;
WHEREAS, the Real Estate is presently encumbered by a first
mortgage held by FNMA as assignee, such mortgage being recorded
as No. 1167104 , dated June 5, 1970 , and assignment thereof as No.
1216244, dated January 31, 1972, by the terms of which FNMA' s
consent to this Dedication is necessary;
WHEREAS, the Real Estate is also presently encumbered by a
Regulatory Agreement dated June 1, 1970, by and between GRANTOR
and HUD, recorded as No. 1167105, dated June 5, 1970, by the
terms of which HUD' s consent to this Dedication is necessary;
WHEREAS, the Real Estate provides the primary ingress and
egress to and from Watchtower Apartments;
WHEREAS, the Owner of the adjacent property located directly
to the north of Watchtower Apartments intends to develop such
property for a retail shopping center ;
WHEREAS, such intended retail shopping center is beneficial
to and in the best interest of the CITY, GRANTOR, FNMA and HUD;
WHEREAS, the intended retail shopping center development is
contingent upon the Real Estate being perpetually available for
ingress and egress by the Public;
WHEREAS, the CITY desires to accept upon the terms contained
herein this dedication of and to the Real Estate and to maintain
the Real Estate and its improvements in good repair .
NOW, THEREFORE, in and for exchange of good and valuable
covenants and undertakings, the sufficiency of which is acknowl-
edged by execution, the parties hereto declare, grant, covenant
and stipulate as follows:
1. The GRANTOR does hereby perpetually give, grant and
dedicate the Real Estate described on the Plat of Dedication and
all improvements thereon including without limitation asphalt
roadways, curbs, gutters, sidewalks, street lighting, storm and
- 2 -
sanitary sewer service and water pipelines to the CITY OF ELGIN
for the exclusive purpose of public use and public ways, to be
used a public street for pedestrian and vehicular traffic. ,
2. The CITY may close the Real Estate to traffic only upon
the following conditions: (i) such closing must be in the public
interest, ( ii) an alternative means of ingress and egress to and
from National Street is provided by the CITY, other than the
existing access to Bent Street, and ( iii) the GRANTOR, FNMA and
HUD or the then existing mortgagee, first approve in writing of
such closing and alternative. Notice of such intended road
closing and a copy of this Agreement shall be mailed to:
GRANTOR: AMERICAN NATIONAL BANK & TRUST
COMPANY OF CHICAGO, Trustee
Under Trust No. 29804,
Dated May 15, 1970
33 North LaSalle Street
Chicago, Illinois 60602
FNMA: Federal National Mortgage Association
Regional Counsel
100 Peachtree Street N.W.
Atlanta, Georgia 30303
HUD: Mr . Ben Tessler
Loan Management Branch
Department of Housing & Urban Development
547 West Jackson Boulevard
Chicago, Illinois 60606
3. This Dedication is subject to encumbrances, restric-
tions, and easements of record, but FNMA and HUD shall consent
hereto be executing this Dedication. By their consent, FNMA and
HUD stipulate that this Dedication shall not constitute an event
of default under the Mortgage and Regulatory Agreement and
release all right, title and interest in and to the Real Estate,
except as is provided herein.
- 3 -
4. The CITY approves and accepts the present condition of
the existing roadway and all other improvements and shall be
solely responsible and liable for the repair, maintenance and
replacement of all existing improvements and utilities, including
without limitation roadway, curbs, gutters, sidewalks, storm and
sanitary sewer, water and street lighting.
5. Notwithstanding the CITY's obligation in paragraph
four, the GRANTOR hereby reserves an easement for constructing,
maintaining, operating, repairing, and replacing any utilities
the GRANTOR deems necessary on to the benefit of Watchtower
Apartments .
6 . The CITY hereby agrees not to object to a petition to
be filed by Grantor seeking to obtain all governmental approvals
(including variations) necessary for the GRANTOR to re-erect and
maintain signage on the real estate described on Exhibit B. Such
signage shall not exceed approximately 150 square feet.
7. Pursuant to Section 11-208 of the Illinois Motor
Vehicle Code (Ill. Rev. Stat . 1983, ch. 95 1/2, par . 11-208) , the
CITY shall not permit any parking on the Real Estate, without the
prior written consent of the GRANTOR, and shall post appropriate
signs therefor as provided in Section 11-207 (Ill. Rev. Stat.
1983, ch. 95 1/2, par . 11-207) .
8. The CITY shall establish separate electrical service
for the Real Estate and shall be solely responsible for providing
dusk to dawn lighting of the Real Estate.
9. The CITY shall enact an appropriate ordinance or
resolution approving this Grant and Dedication. The effective
date shall be the date first written above.
- 4 -
10 . This instrument may be executed in any number of
counterparts, each of which together shall constitute the agree-
ment of the parties.
11. This Dedication is executed by American National Bank &
Trust Company of Chicago, as Trustee as aforesaid in the exercise
of the power and authority conferred upon it and vested in it as
such Trustee. It is expressly understood and agreed that nothing
herein shall be construed as creating any personal liability on
American National Bank & Trust Company of Chicago as Trustee.
AMERICAN NATIONAL BANK & TRUST
COMPANY OF CHICAGO, not individually,
but as TRUSTEE UNDER TRUST NO. 29804,
DATED MAY 15, 1970
By:
Its:
ATTEST:
CITY OF ELGIN, AN ILLINOIS MUNICIPAL
CORPORATIO
By: c...✓�` �
Its: `JLz
ATTEST:
SECRETARY OF HOUSING AND URBAN
DEVELOPMENT, acting by and through the
Department of Housing and Urban
Development
By:
Its:
ATTEST:
- 5 -
FEDERAL NATIONAL MORTGAGE ASSOCIATION
By:
Its:
ATTEST:
- 6 -
EXHIBIT A
LEGAL DESCRIPTION
That part of Block 1 of Sherman's Addition to Elgin,
described as follows: Commencing at the Northeast corner
of said Block I; thence Southwesterly along the Northerly
line of said Block I , a distance of 574.53 feet for the
place of beginning; thence Southeasterly along a line
that forms an angle of 91 degrees 00 minutes 0 seconds to
the left with the prolongation of the last described
course, a distance of 915.0 feet; thence Southwesterly
parallel with the Northerly line of said Block I, a
distance of 40.0 feet; thence Northwesterly along a line
that forms an angle of 89 degrees, 00 minutes 0 seconds
to the right with the prolongation of the last described
course, a distance of 915.0 feet to the Northerly line of
said Block I; thence Northeasterly along said Northerly
line, a distance of 40.0 feet to the place of beginning,
excepting therefrom that part of land lying in that part
of Block I of Sherman' s Addition to Elgin, described as
follows:
Commencing at the Northeast corner of said Block It
thence Southwesterly along the Northerly line of said
Block 1 , a distance of 614.53 feet to a point; thence
Southeasterly along a line that forms an angle of 91
degrees 00 minutes 0 seconds to the left with the
prolongation of the last described course 33.0 feet to
the point of beginning; thence Northeasterly along a line
parallel with the Northerly line of said Block, a
distance of 4.9 feet; thence Southeasterly along a line
that forms an angle of 89 degrees 00 minutes 0 seconds to
the right with the prolongation of the last described
course 25.0 feet; thence Southwesterly along a line
parallel with the Northerly line of said Block, a
distance of 4.9 feet; thence Northwesterly 25.0 feet to
the point of beginning, in the City of Elgin, Kane
County, Illinois.
EXHIBIT B
LEGAL DESCRIPTION
•
A parcel of land lying in that part of Block 1 of Sherman' s
Addition to Elgin, described as follows:
Commencing at the Northeast corner of said Block 1; thence
Southwesterly along the Northerly line of said Block 1, a dis-
tance of 614 . 53 feet to a point; thence Southeasterly along a
line that forms an angle of 91 degrees 00 minutes 0 seconds to
the left with the prolongation of the last described course 33.0
feet to the point of beginning; thence Northeasterly along a line
parallel with the Northerly line of said Block, a distance of 4.9
feet; thence Southeasterly along a line that forms an angle of 89
degrees 00 minutes 0 seconds to the right with the prolongation
of the last described course 25.0 feet; thence Southwesterly
along a line parallel with the Northerly line of said Block , a
distance of 4.9 feet; thence Northwesterly 25.0 feet to the point
of beginning, in the City of Elgin, Kane County, Illinois.
STATE OF ILLINOIS )
SS.
COUNTY OF )
The undersigned, a Notary Public in and for said County and
State aforesaid, DOES HEREBY CERTIFY that
the Secretary and the
President of American National Bank and
Trust Company of Chicago, a National Banking Association
( "Bank" ) , personally known to me to be the same persons whose
names are subscribed for the foregoing instrument as such
, and , respectively, appeared before
me this day in person and acknowledged that they signed and
delivered the said instrument as their own free and voluntary
act, and as the free and voluntary act of the Bank, for the uses
and purposes therein set forth; and the said secretary did also
then and there acknowledge that as custodian of the corporate
seal of Bank, did affix the said corporate seal thereof to said
instrument as own free and voluntary act, and as
the free and voluntary act of Bank, for the uses and purposes
therein set forth.
GIVEN under my hand and Notarial Seal this day of
, 1987 .
Notary Public
My Commission Expires :
STATE OF ILLINOIS )
SS.
COUNTY OF KANE )
The undersigned, a Notary Public in and for said County and
State aforesaid, DOES HEREBY CERTIFY that George VanDeVoor��rsonally
known to me to be the Mayor and Nancy Roll
personally known to me to be the Deputy City Clerbf the City of
Elgin, an Illinois municipal corporation ( "City" ) are the same
persons whose names are subscribed for the foregoing instrument
as such Mayor and Deputy City Clerk
respectively, appeared before me this day in person and acknowl-
edged that they signed and delivered the said instrument as their
own free and voluntary act, and as the free and voluntary act of
the City, for the uses and purposes therein set forth; and the
said Deputy City Clerk did also then and there acknowl-
edge that as custodian of the corporate seal of City, did affix
the said corporate seal thereto, pursuant to the authority given
by the City Council of said City, as her own free and
voluntary act, and as the free and voluntary act of City, for the
uses and purposes therein set forth.
GIVEN under my hand and Notarial Seal this 20 day of
November , 1987 .
4 L
Notary Public
My Commission Expires : �y-����/ � �' �� �►,�,���SEAL�� ‘
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STATE OF ILLINOIS )
SS.
COUNTY OF )
The undersigned, a Notary Public in and for said County and
State aforesaid, DOES HEREBY CERTIFY that
, personally known to me to be the
President of the FEDERAL NATIONAL MORTGAGE ASSOCIATION, an
corporation, and , person-
ally known to me to be the Secretary of said
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 President and Secretary,
they signed and delivered the said instrument and caused the
corporate seal of said corporation to be affixed thereto, pursu-
ant to the authority given by the Board of Directors of said
corporation as their free and voluntary act and as the free and
voluntary act of said corporation, for the uses and purposes
therein set forth.
GIVEN under my hand and official seal this day of
, 1987 .
Notary Public
My Commission Expires:
STATE OF ILLINOIS )
SS.
COUNTY OF )
The undersigned, a Notary Public in and for said County and
State aforesaid, DOES HEREBY CERTIFY THAT
, personally known to me to be the
of The Department of Housing and Urban Development ( "HUD" ) and
, personally known to me to be the
Secretary of HUD are the same persons
whose names are subscribed to the foregoing instrument as such,
appeared before me this day in person and acknowledged that
signed and delivered the said instrument as
own free and voluntary act, and as the free and
voluntary act of HUD, for the uses and purposes therein set
forth.
GIVEN under my hand and Notarial Seal this day of
, 1987.
Notary Public
My Commission Expires :