18-57 Resolution No. 18-57
RESOLUTION
AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH
HANOVER TOWNSHIP RELATING TO THE TRANSFER OF CERTAIN REAL
PROPERTY FOR RECREATIONAL AND OTHER PUBLIC PURPOSES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that David J. Kaptain, Mayor and Kimberly A. Dewis, City Clerk, be and are hereby authorized
and directed to execute an Intergovernmental Agreement with Hanover Township on behalf of the
City of Elgin relating to the transfer of certain real property to Hanover Township for recreational
and other public purposes, a copy of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: May 9, 2018
Adopted: May 9, 2018
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
INTERGOVERNMENTAL AGREEMENT
FOR THE TRANSFER OF CERTAIN REAL PROPERTY
This Intergovernmental Agreement(the "Agreement") is entered into by and between the
City of Elgin, a municipal corporation of the State of Illinois (hereinafter referred to as the "City"),
and Hanover Township, an Illinois Township (the "Township") (collectively, the City and
Township may be referred to as "Parties") for the purpose of setting forth the terms by which the
City shall convey its right,title and interest in certain real property to the Township.
WITNESSETH:
WHEREAS, the City owns certain real property in Cook County, Illinois, which is more
specifically described in the attached Exhibits "A" and"B"(the"Property");
WHEREAS, the territory of the City is partly within and partly without the corporate
limits of the Township;
WHEREAS,the Property is located wholly within the corporate limits of the Township;
WHEREAS, portions of the Property consist of certain rights-of-way that are to be
vacated by the City;
WHEREAS, the Township is the owner of certain real property abutting portions of the
rights-of-way to be vacated by the City;
WHEREAS, the City and the Township have determined that it is necessary and
convenient for the Township to use, occupy, and improve the Property for public recreational
purposes and to better serve the mutual constituents of the City and the Township;
WHEREAS, the corporate authorities of the City have determined that the public
benefits that will accrue to the City and its residents by virtue of the transfer of the Property to
the Township pursuant to the terms of this Agreement constitute adequate consideration to
warrant the transfer of title of the entirety of the vacated rights-of-way described herein to the
Township;
WHEREAS, the City and Township are municipalities, as that term is defined by the
Local Government Property Transfer Act, 50 ILCS 605/1 et seq. (the"Act");
WHEREAS, the Township, by its Supervisor and Board of Trustees, has by ordinance
declared that the transfer herein contemplated is necessary and convenient for the Township to
use, occupy, and improve the Property to advance the public purposes of the Township in
providing recreational services to the residents of the Township;
WHEREAS, pursuant to the authority granted by Section 2 of the Act, 50 ILCS 605/2,
the City has agreed pursuant to a duly authorized resolution passed by the vote of two-thirds of
its Council to convey to the Township its right, title, and interest in the Property by the mutually
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agreed upon terms set forth below;
WHEREAS, pursuant to Article VII, Section 10 of the 1970 Constitution of the State of
Illinois, units of local government have had conferred upon them the power to, "contract or
otherwise associate among themselves ... to obtain or share services and to exercise, combine or
transfer any power or function, in any manner not prohibited by law or by ordinance;"
WHEREAS, the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq.,
provides that any one or more public agencies may contract with any one or more other public
agencies to perform any governmental service, activity or undertaking which any of the public
agencies entering into the contract is authorized by law to perform provided that such contract
shall be authorized by the governing body of each party to the contract. Such contract shall set
forth fully the purposes,powers,rights,objectives and responsibilities of the contracting parties;
NOW, THEREFORE, IN CONSIDERATION of the above, and of the mutual
covenants and promises set forth herein, and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, the City and Township hereby agree as
follows:
1. Recitals. The foregoing recitals represent the purpose and intent of this Agreement and
the Parties hereto desire for the terms hereof to be interpreted and executed in a manner that is
compliant with such purpose and intent.
2. Property. No later than one month after the effective date of this Agreement, the City
shall convey to the Township its right, title, and interest in the Property according to the
following terms:
A. The City shall convey the Property to the Township by way of a quit claim deed,
without any representations, warranties, or guarantees with respect to the title
thereto. Such conveyance shall also be subject to, without limitation, private,
public, and utility easements, if any; the rights of adjoining property owners, if
any; and the City's reservation of an easement in favor of the City and any public
utility or other company owning any public utilities or public service facilities
within vacated Hastings Street, as depicted and legally described on the Plat of
Easement prepared by Marchese and Sons, Inc., attached hereto as Exhibit C and
incorporated herein by this reference (the "City Easement"). The City Easement
shall be subject to the "City Easement(C.E.) Provisions" set forth on said Exhibit
C. Said City Easement shall be recorded with the Cook County Recorder of
Deeds prior to the recording of the quit claim deed conveying the Property to the
Township.
B. The City shall furnish the Township at closing a duly executed ALTA Extended
Coverage Statement, attached hereto as Exhibit D; provided, however, that
certification(8)on Exhibit D shall be stricken prior to execution by the City.
C. The City shall furnish an executed Real Estate Transfer Declaration signed by the
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City or the City's agent in the form required pursuant to the Real Estate Transfer
Tax Act of the State of Illinois; the Parties hereby agreeing that the conveyance
contemplated herein is exempt from any state, county or local transfer tax.
D. The time and place of the delivery of the quit claim deed shall be no later than one
month after the effective date of this Agreement.
E. Acceptance: The Township shall accept,receive, and hold title to the Property as
transferred from the City by quit claim deed.
F. Earnest Money. The parties agree that no earnest money shall be required
hereunder. The sufficiency of the indirect costs paid by both City and Township,
in preparation and administration of the Agreement through closing shall serve as
ample consideration in binding both the City and the Township.
G. Real Estate Taxes. The Parties understand and accept that the Property is
currently marked as exempt in the records of the Cook County Assessor, and that
no real estate taxes are due or owing, and there shall be no prorations of any real
estate taxes with respect to the conveyance of the Property from the City to the
Township.
H. "As-Is/Where-Is" Condition. The Property and any improvements located
thereon are being conveyed to the Township "As-Is/Where-Is," without any
representations,warranties, or guarantees being made by the City to the Township
whatsoever.
The Township shall be responsible for all maintenance and/or replacement of the
two(2)pedestrian bridges located on the property described in Exhibit"B."
J. The Property, and any and all improvements thereon or hereafter constructed,
shall be utilized solely for recreational and other public purposes.
3. Miscellaneous.
A. Notice. All notices required pursuant to this Agreement shall be sent by a means
capable of providing a confirmation of receipt, including (i) depositing the same
in the U.S. Mail, certified and return receipt requested, postage pre-paid; (ii)
personal service; (iii) nationally-recognized overnight courier; and (iv) facsimile,
to the addresses set forth below. All notices mailed shall be considered effective
upon the date described on the confirmation of receipt. Each party may change
the notice recipients by sending notice to the other parties at least 30 days in
advance of the effective date of such change.
If to the City: City of Elgin
Attn: City Clerk
150 Dexter Court
3
Elgin, IL 60120
Facsimile: (847)931-6027
with a copy to: City of Elgin
Attn: Corporation Counsel
150 Dexter Court
Elgin, IL 60120
Facsimile: (847)931-5665
If to the Township: Hanover Township
Attn: Township Administrator
250 S. Illinois Route 59
Bartlett, Illinois 60103
Facsimile: (630) 837-9064
with a copy to: Kopon Airdo, LLC
Attn: Michael A. Airdo
233 South Wacker Drive, Suite 4450
Chicago, Illinois 60606
Facsimile: (312) 506-4460
B. Governing Law; Venue. This Agreement shall be governed by the laws of the
State of Illinois and all litigation arising from the Agreement shall be in the
Circuit Court of Cook County,Illinois.
C. Mutual Cooperation. The Parties to this Agreement agree to provide mutual
cooperation, perform any act or execute any document necessary to cause the
intent and purpose of this Agreement to be realized.
D. Recording. This Agreement shall be recorded.
E. Severability. In the event any provision of this Agreement is found to be invalid
or unenforceable,the Parties intend for such finding not to affect the enforcement
or application of the remaining provisions herein to the greatest extent permitted
by law.
F. Effective Date. This Agreement shall become effective upon the mutual signature
of this Agreement by all Parties.
G. Counterparts. This Agreement may be executed in separate counterparts. It shall
be fully executed when each Party whose signature is required has signed at least
on (1) counterpart, even though no one (1) counterpart contains the signature of
all the Parties.
H. Entire Agreement. This Agreement, including matters incorporated herein,
represents the entire agreement between the Parties. There are no other
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covenants, warranties, representations, promises, conditions, or understandings,
either oral or written, other than those contained herein, within the
Intergovernmental Agreement for the Shared use of the Property, and within the
quit claim deed conveying the Property.
IN WITNESS WHEREOF, the Parties hereto have approved the execution of this
Agreement by their respective officers on the dates set forth below:
CITY OF ELGIN
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Mayor
Date: May 9, 2018 ATTEST:
City Clerk (661:: eS
HANOVER TOWNSHIP
AIL. gozaigelic
Supervisor
Date 2/, GI O/8 ATT :
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Townsiff; Clerk
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LEGAL DESCRIPTION:
VACATED HASTINGS STREET
THAT PART OF HASTINGS STREET IN PLAYGROUND PARK ADDITION TO ELGIN,
BEING A SUBDIVISION IN THE WEST HALF OF SECTION NINETEEN, TOWNSHIP
FORTY-ONE NORTH, RANGE NINE, EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED ON MAY 10, 1929 AS
DOCUMENT NUMBER 10367527, DESCRIBED AS FOLLOWS: BEGINNING AT THE
SOUTHEAST CORNER OF LOT SIXTY-SEVEN IN SAID SUBDIVISION; THENCE
NORTH 89 DEGREES 05 MINUTES 01 SECONDS EAST, ON THE NORTH LINE OF
SAID HASTING'S STREET, 153.41 FEET; THENCE SOUTH 32 DEGREES 11 MINUTES
49 SECONDS WEST, 78.80 FEET ON THE LINE BETWEEN SAID PLAYGROUND
PARK ADDITION TO ELGIN SUBDIVISION AND ELGIN HEIGHTS ADDITION TO
ELGIN, A SUBDIVISION IN SECTION NINETEEN, TOWNSHIP FORTY-ONE NORTH,
RANGE NINE, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE
PLAT THEREOF RECORDED ON SEPTEMBER 17, 1891 AS DOCUMENT NUMBER
1537442 TO THE SOUTH LINE OF HASTINGS STREET; THENCE SOUTH 88
DEGREES 55 MINUTES 47 SECONDS WEST, ON THE SOUTH LINE OF SAID
HASTING'S STREET, 111.11 FEET; THENCE NORTH 00 DEGREES 16 MINUTES 18
SECONDS WEST, 66.31 FEET TO THE POINT OF BEGINNING, ALL IN COOK
COUNTY,ILLINOIS.
CONTAINING 8746 SQUARE FEET OR 0.201 ACRES,MORE OR LESS THEREIN.
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LEGAL DESCRIPTION
VACATED PARK, KRAMER STREET,&WILLARD AVENUE
THAT PART OF ELGIN HEIGHTS ADDITION TO ELGIN, ILLINOIS, 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 AS DOCUMENT NO. I537442, IN COOK COUNTY, ILLINOIS DESCRIBED
AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID ELGIN HEIGHTS
ADDITION; THENCE SOUTH 28 DEGREES 30 MINUTES EAST ALONG THE
SOUTHWESTERLY LINE THEREOF; SAID LINE ALSO BEING THE SOUTHWESTERLY
RIGHT OF WAY LINE OF WILLARD AVENUE, A DISTANCE OF 231.20 FEET TO AN
ANGLE POINT; THENCE SOUTH 36 DEGREES WEST A DISTANCE OF 41.17 FEET TO
THE NORTHERLY LINE OF OUT LOT 1 OF SAID ELGIN HEIGHTS ADDITION;
THENCE EASTERLY ALONG SAID NORTHERLY LINE A DISTANCE OF 81.66 FEET TO
THE NORTHWESTERLY RIGHT OF WAY LINE OF KIRK AVENUE; THENCE
NORTHEASTERLY ALONG SAID RIGHT OF WAY LINE ALONG A CURVE TO THE
RIGHT, HAVING A RADIUS OF' 216.0 FEET AN ARC DISTANCE OF 306.97 FEET;
THENCE NORTH 35 DEGREES 25 MINUTES 47 SECONDS EAST A DISTANCE OF 8.81
FEET TO THE SOUTHWEST CORNER OF THE INTERSECTION OF KRAMER STREET
AND KIRK AVENUE; THENCE WESTERLY ALONG THB NORTHERLY RIGHT OF
WAY LINE OF KRAMER STREET A DISTANCE OF 332.08 FEET TO THE POINT OF
BEGINNING, IN THE CITY OF ELGIN, COOK COUNTY,ILLINOIS.
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.' ► c R, First American Title Insurance Company
a +y 27775 Diehl Road
First American warrenville,IL 60555
ALTA 2006 LOAN AND EXTENDED COVERAGE STATEMENT(ILLINOIS FORM)
File No.: Date:
With respect to the land described in the above Commitment,the Signatories herein make the following statements to
induce First American Title Insurance Company or its Agents to issue the subject title policy or policies, now or in the
future.
STATEMENT OF SELLER(S)AND PURCHASER(S)
The seller(s)and purchaser(s)certify:
1) No contracts for the furnishing of any labor or material to the land or the improvements thereon have been let that
have not been fully performed and satisfied;
2) No labor or materials have been furnished within the previous six months that has not been paid in full;
3)No security agreements or leases in respect to any goods or chattels that have or will become attached to the land or
any improvements thereon as fixtures, have been given or are outstanding that have not been fully performed and
satisfied;
4)There are no unrecorded leases to which the land may be subject that are for more than a three-year term or contain
an option to purchase, right of renewal,right of first refusal or other unusual provisions;
5)There are no unrecorded contracts,deed, mortgage, lines of credit,leases or options affecting the subject property
6) No special assessments affect the land and no notice has been received of any proposed special assessments or
common expense assessments;
7) No homeowners association affects the land;
8)The only occupants of the subject property are the Sellers or Purchasers;
9) No proceedings in bankruptcy or receivership or other action in any state or federal court affecting the property are
pending.
The above certifications are true except for:
STATEMENT OF MORTGAGOR(S)
The mortgagor(s)(if any)certifies that the mortgage and the principal obligations it secures are good,valid and free from
all defenses; that any person purchasing the mortgage and the obligations it secures, or otherwise acquiring any interest
therein, may do so in reliance upon the truth of the matters herein recited. This certification is made to enable the holder
or holders,from time to time,of the mortgage,and obligations to sell, pledge or otherwise dispose of the same freely at
any time,and to insure the Purchasers or Pledgees thereof against any defenses thereto by the Mortgagor or the
Mortgagor's heirs, personal representative or assigns.
Individuals/Beneficiaries of Trust Individuals/Beneficiaries of Trust
Seller(s) Purchaser(s)
Corporations Corporations
IN WITNESS WHEREOF, IN WITNESS WHEREOF,
has caused has caused
these presents to be signed by its these presents to be signed by its
President and attested by its President and attested by its
Secretary under its corporate seal on the above date. Secretary under its corporate seal on the above date.
By: By:
President President
Attest: Attest:
Secretary Secretary
LENDER'S DISBURSEMENT STATEMENT
The undersigned hereby certifies that the proceeds of the loan,secured by the mortgage insured under the loan policy
to be issued pursuant to the above Commitment,were fully disbursed to or on the order of the mortgagor on
. To the best knowledge and belief of the undersigned,the proceeds will not be used to finance future
improvements or repairs on the land.
Date: Signature: