08-156 Resolution No. 08-156
RESOLUTION
AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT
WITH RONALD K. LAEHN
(Easterly Portion of Unimproved Alley Lying Between
Heine Avenue and McLean Boulevard)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that
Ed Schock,and Diane Robertson,City Clerk,be and are hereby authorized and directed to execute a
Real Estate Sales Contract on behalf of the City of Elgin with Ronald K. Laehn, for the sale of
property commonly known as the easterly portion of unimproved alley lying between Heine Avenue
and McLean Boulevard,Elgin,for$2,925,a copy of which is attached hereto and made a part hereof
by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 11, 2008
Adopted: June 11, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
REAL ESTATE SALES CONTRACT
1. Ronald K. Laehn (the "Purchaser," herein) agrees to purchase at the price of Two
Thousand Nine Hundred Twenty-Five Dollars and 00/100 ($2,925.00) on the terms set
forth herein, the real estate (the "Real Estate," herein), depicted as Parcel 2 on the Plat of
Survey attached hereto as Exhibit A and legally described as follows:
The Easterly 'A of the Vacated Alley lying Northerly of and adjoining Lots
10, 11, 12 and 13 in Block 1 of Columbia Park Addition to Elgin, in the
City of Elgin, Kane County, Illinois.
2. The City of Elgin, an Illinois municipal corporation (the "Seller," herein) 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
2007 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; the reservation of easements described in Paragraph 3 of
this agreement; and any private easement rights or rights of access of abutting property
owners, if any.
3. Prior to closing Seller shall provide for the adoption of an ordinance vacating the subject
portion of the Real Estate as a public right-of-way. In addition to the purchase price
Purchaser shall pay to the Seller the amount of Three Hundred Thirty-Five Dollars
($335.00) as a fee for the vacation of the subject portion of the Real Estate. Purchaser
shall also pay to the Seller the amount of Seven Hundred Dollars ($700.00) as a fee for
the appraisal of the subject portion of the Real Estate. 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 the Real Estate, attached
hereto as Exhibit B and incorporated herein by this reference.
4. The time of Closing (the "Closing," herein) shall be on or before June 30, 2008, or such
other date as may hereafter be agreed to by the parties.
5. Any and all costs of any title or survey desired by the Purchaser shall be paid by the
Purchaser. Al! 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.
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S. 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 he 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. To the fullest extent permitted by law, the Purchaser agrees to and shall
indemnify, defend and hold harmless the City, its officers, employees, boards and
commissions from and against any and all claims, suits, judgments, costs,
attorneys' fees, damages or other relief or liability by or from any other owners of
property adjoining the Real Estate arising out of or resulting from vacation of the
subject portion of the Real Estate or the sale of the Real Estate to the Purchaser.
In the event of any action against the City its officers, employees, agents, boards
or commissions covered by the foregoing duty to indemnify, defend and hold
hamiless, such action shall he defended by legal counsel of the City's choosing.
In the event and to the extent that any legal work is performed by the City's in-
house legal counsel pursuant to the provisions of this section, the City shall be
reimbursed by the Purchaser for such legal work at the rate of $200 per hour,
which rate the Purchaser hereby agrees and acknowledges to be a reasonable rate
for such in-house attorneys' fees.
C. 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, 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).
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D. 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.
E. 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 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.
F. "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.
G. "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.
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H. "Environmental Law" shall mean any federal or state law, statute, regulation, rule,
order, decree, judgnicnt or direction concerning environmental protection or
health and safety including, without 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.
I. 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 II- /1 • °g
PURCHASER: SELLER:
RONALD K. LAEHN CITY OF ELGIN
By e4$1 By
Ronald K. La- Mayor
Attest:
City Clerk
214 North McLean Boulevard 150 Dexter Court
Elgin, IL 60123 Elgin, IL 60120-5555
Attention: City Manager
with a copy of any notice to: with a copy of any notice to:
Andrew E. Kolb, Esq. William A. Cogley
Schnell, Bazos, Freeman, Kramer, Corporation Counsel
Schuster& Vanek City of Elgin
1250 Larkin Avenue, Suite 100 150 Dexter Court
Elgin, IL 60123 Elgin, IL 60120-5555
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EXHIBIT A
Plat of Survey
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• NO. 17330 PLAT OF SURVEY ..N,
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OF PROPERTY DESCRIBED AS: •I4-i►►.
PARCEL ONE:
LOT 9 AND THE EAST 1/2 OF VACATED ALLEY LYING WEST AND ADJOINING SAID LOT 9 SCALE 1"= 20'
IN BLOCK 1 OF COLUMBIA PARK ADDITION TO ELGIN, IN THE TOWNSHIP OF ELGIN, KANE
COUNTY, ILLINOIS.
PARCEL TWO:
THE EASTERLY 1/2 OF THE VACATED ALLEY LYING NORTHERLY OF AND ADJOINING LOTS
10, 11, 12 AND 13 IN BLOCK 1 OF COLUMBIA PARK ADDITION TO ELGIN`, TN THE CITY OF
ELGIN, KANE COUNTY, ILLINOIS.
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STATE OF ILLINOIS)SS
COUNTY OF COOK )
I, GERALD SOPHA, AN ILLINOIS PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT I HAVE SURVEYED
THE ABOVE DESCRIBED PROPERTY AND THAT THE PLAT HEREON D-.VIN IS A TRUE AND ACCURATE REPRESENTATION
THEREOF. THIS PROFESSIONAL SERVICE CONFORMS TO THE CUR-: ILLINOIS MINIMUM STANDARDS FOR A
BOUNDRY SURVEY.
DATED: MAY 14, 2008 Ai*r / /// Aii ,
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GERALD SOP
ILL `OIS PROFESSION• LAND ST"VEYOR NO. 2473
LICENSE EXPIRE': NOVEMBER 30, 2008 •
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PREPARED FOR: RON LAEHN �.atp,P.;..„SOpy
214 NORTH MCLEAN BOULEVARD / t JERRYSOPHA
PROPERTY ADDRESS: :s 35-2173 i PROFESSIONAL LAND SURVEYOR
PROFESSIONAL: _
ELGIN, ILLINOIS D*p LAND *P P.0 BOX 746
1.,A SURVEYOR • S ELGIN.ILLINOIS 60121-0746
VW% OF 'y=' (847)695-0960
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• METAL STAKE SET. 0 METAL STAKE FOUND.
Any discrepancy in measurements should be promptly reported to the surveyor for explanation or correction.
COMPARE THE DESCRIPTION ON THIS PLAT WITH DEED. REFER TO DEED FOR EASEMENTS AND BUILDING LINES.
EXHIBIT B
Ordinance Vacating a Portion of a Public Alley(Unimproved Alley Lying Between Heine
Avenue and McLean Boulevard).
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Ordinance No. G32-08
AN ORDINANCE
VACATING A PORTION OF A PUBLIC ALLEY
(Unimproved Alley Lying Between Heine Avenue and McLean Boulevard)
WHEREAS, the public interest will be served by vacating a portion of a public right-of-way
in the City of Elgin, Kane 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 an unimproved public alley in the City of Elgin,Kane County,
Illinois, legally described as follows:
A 13 foot Alley that is located South of Lots 9 and 14 in Block 1 of Columbia Park
Addition to Elgin,the Easterly boundary of the Alley being the Westerly right-of-way
line of McLean Boulevard and the Westerly boundary of the Alley being the Easterly
right-of-way line of Heine Avenue, in Elgin, Kane 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 the alley as
provided herein,Juan Hernandez,as the owner of a parcel of property known as Lot 14 in Block 1 of
Columbia Park Addition to Elgin and abutting the westerly portion of the alley vacated herein, and
Ronald K. Laehn, as the owner of a parcel of property known as Lot 9 in Block 1 of Columbia Park
Addition to Elgin and abutting the easterly portion of the alley vacated herein, shall each pay to the
City the sum of$3,960.00. Upon receipt of such funds, a certified copy of this ordinance, a plat of
said vacated right-of-way, and respective quitclaim deeds,shall be filed with the Recorder of Deeds
of Kane County, Illinois, and thereupon: (1) Juan Hernandez, as the owner of a parcel of property
known as Lot 14 in Block 1 of Columbia Park Addition to Elgin and abutting the westerly portion of
the alley vacated herein shall pursuant to 65 ILCS 5/11-91-1 acquire title to the entire portion of the
westerly half of the public alley adjacent to said Lot 14 vacated by this ordinance;and(2)Ronald K.
Laehn,as the owner of a parcel of property known as Lot 9 in Block 1 of Columbia Park Addition to
Elgin and abutting the easterly portion of the alley vacated herein shall pursuant to 65 ILCS 5/11-91-
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1 acquire title to the entire portion of the easterly half of the public alley adjacent to said Lot 9
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: June 11, 2008
Passed:
Vote: Yeas Nays:
Recorded:
Published:
Attest:
Diane Robertson, City Clerk