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S-675 am n Ordinance No. 5-675 .AN ORDINANCE AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREE- lag MENT OF PURCHASE AND SALE WITH THE UNITED STATES GOVERN- MENT AS TO CERTAIN REAL ESTATE OWNED BY THE CITY ON NORTH LCD, GROVE AVENUE IN THE CITY OF ELGIN, WHICH THE UNITED STATES GOVERNMENT WISHES TO PURCHASE FOR UNITED STATES POST OFFICE PURPOSES. • 'ted • WHEREAS, the United States of America proposes to acquire certain real estate on North Grove Avenue in the City of Elgin for the construction of a United States facility, a portion of which property is owned by the City of Elgin and used for off-street parking purposes, and WHEREAS, the City Council of the City of Elgin, recognizing the need for such a facility and its value to the citizens of this community, desires to cooperate with the United States Government in furthering this project and to enter into a stipulation with the United States Government as to the value of said tract and to provide for easements for a riverside roadway in the event fan the premises are secured by the government, and orth base WHEREAS, the City Council is of the considered opinion that the value Les of said tract of land is $170, 428. 00, which is the exact cost of the acquisition the and improvement by the City of said tract, and )60 to WHEREAS, the interest of the general public will be greatly served by the construction of a new United States Post Office facility on the proposed ty site in the City of Elgin, and WHEREAS, the City Council is specifically given authority under Section 11-77 -1-.of_the t1iiaois-Municipal Code to-convey 1e and sell to the United States of America. and its proper agencies, real property owned by the municipality for the construction of any public works project or municipal building by the United States of America. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: one. Section 1. That the Mayor and City Clerk of the City of Elgin be and they hereby are authorized, empowered, directed and instructed for and on behalf of the City to execute an agreement for the sale of certain real estate owned by the City of Elgin to the United States of America. Said agreement to be in substantially the following form to-wit: AGREEMENT OF PURCHASE AND SALE This Indenture made this day of , 1961, between the CITY OF ELGIN, hereinafter called the Seller, of the one part and the UNITED STATES OF AMERICA, and its assigns, hereinafter called the Government, of the other part; WHEREAS by agreement dated January 3, 1961, the parties hereto agreed to One Hundred Seventy Thousand Four Hundred Twenty-eight Dollars ($170,428.00) as the fair value of the Seller's property more particularly described therein; and WHEREAS, the parties agreed that said agreement of January 3, 1961, could be entered as a stipulation of record in a condemnation pro- ceeding; and NOW, THEREFORE, the parties hereto agree that the land described herein can now be acquired by direct purchase and it is mutually agreed as follows: tol 1. Subject to the reservations herein contained, the Seller agrees im to sell and convey to the Government and the Government agrees to pur- the chase the following described land situated in Elgin, Kane County, Illinois: aft PARCEL I Ci- Lots 2, 3, 4, 5, 6 and 7 and the vacated alley lying between Un said Lots 2 and 3 all in Fox River Manufacturing Company's Addition to Elgin, in the City of Elgin, Kane County, Illinois. PARCEL U ov That part of the East portion of the Northeast quarter of Section 14, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the point of intersection of the Westerly line of Race Street with the Southerly line extended Westerly of Lot 2 of Fox River Manufacturing Company's Addition to Elgin; thence Westerly along said extended Southerly line of Lot 2 to the Easterly bank of Fox River; thence Northerly along said Easterly bank to the Northerly line extended Westerly of Lot 7 of said Fox River Manufacturing Company's Addition; thence Easterly along said extended Northerly line to the Westerly line of Race Street; thence Southerly along said Easterly line 132 feet to the point of beginning; in the City of Elgin, Kane County, Illinois. -2- PARCEL III That part of the East fraction of the Northeast quarter of - Section 14, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northeast Corner of Block 20 of the Original Town of Elgin, on the East side of Fox River; thence Northerly along the Westerly line of North Grove Avenue 26 feet 1 inch for the point of beginning; thence Westerly parallel with the Northerly line of said Block 20, 78. 75 feet; thence Northerly parallel with the Westerly line of North Grove Avenue 57 feet 11 inches to the Southerly line of Fox River Manufacturing Company's Addition to Elgin; thence Easterly along said Southerly line 78. 75 feet to the Westerly line of North Grove Avenue; thence Southerly along said Westerly line 57 feet 11 inches to the point of beginning, in the City of Elgin, Kane County, Illinois. PARCEL IV ed Lot 1 of Fox River Manufacturing Company's Addition to 1 Elgin, in the City of Elgin, Kane County, Illinois. together with all and singular the herditements, appurtenances, and improvements thereunto belonging or in anywise appertaining but upon the express condition that for a period of twenty (20) years from and ois: after the date of conveyance of said above described premises by the City, said premises shall not be used for any purposes other than j United States Post Office purposes. Subject to a perpetual easement for public roadway purposes only, kber and across the following described premises, to-wit: ian, lU That part of the Northeast quarter of Section 14, Township 41 North, Range 8 East of the Third Principal Meridian des- :rly cribed as follows: Commencing at the Northeast Corner of ‘i Block 20 of J. T. Gifford's Plat of Elgin; thence Southeasterly 1� along the Westerly line of North Grove Avenue a distance of 'V z 82. 0 feet to the Northerly line of Highland Avenue; thence Southwesterly along the Northerly line of Highland Avenue a id j distance of 222. 0 feet; thence Northwesterly at right angles to the last described course a distance of 186.0 feet to a Q 7 point in the Southerly line extended of Lot 2 in the Fox River Manufacturing Company's Addition to Elgin, for the place of beginning; thence continuing Northwesterly along the last described course extended a distance of 152.0 feet to the -3- Northerly line extended of Lot 8 in the Fox River Manufacturing exi Company's Addition to Elgin; thence Northeasterly along said Northerly line extended a distance of 20.0 feet; thence South- of I easterly a distance of 152.0 feet to a point in the Southerly line extended of Lot 2 in the Fox River Manufacturing Company's wit Addition to Elgin that is 20.0 feet from the place of beginning; thence Southwesterly along said Southerly line extended a dis- col tance of 20.0 feet to the place of beginning, also, all right, title and interest which the grantors may have, or claim to re: have, in the property lying between the Westerly line of the th aforedescribed tract and the center thread of the Fox River. ' Being situated in the City of Elgin, Kane County, Illinois. to 2. The purchase price if One Hundred Seventy Thousand Four Hundred pu Twenty-eight Dollars ($170,428. 00) payable at the time of delivery of the at Warranty Deed as hereinprovided. G+ 3. The sale shall be consummated by the delivery of a warranty deed fr with full covenants in proper form for record and shall be duly executed, d; acknowledged and have all required revenue and transfer stamps in the prop- v, er amount affixed thereto by the Seller at the Seller's expense. n 4. The seller agrees to deliver to the Postmaster General or his assigns t. without delay a title insurance commitment, written by a title company satisfactory to the Attorney General of the United States, obligating the t company to issue a policy of title insurance to the Government or its assigns t of the type and in the form approved by the Attorney General of the United i States, in an amount not less than the purchase price, guaranteeing title at the time of closing in the condition required in this agreement. Without additional expense to the United States, seller agrees to provide any further ' deeds of conveyance, evidences of title or any other instruments necessary in the opinion of the Attorney General to convey to the United States of America a valid and satisfactory title to said land clear of all mineral rights, easements, restrictions, leases, judgments, taxes and assessments, -4- ..a existing or inchoate, liens or incumbrances of any sort, at the date of the transfer of the title to the United States except as herein other- wise provided. The Deed to the United States shall be in form and 1 content satisfactory to the Attorney General. If the Seller fails or refuses to provide the aforesaid instruments deemed necessary by the Attorney General, the Government shall have the election either to obtain said instruments and charge the cost thereof against the iundred purchase price, or to terminate this agreement. Upon such termin- g the ation the seller shall refund the consideration paid the seller by the Government in connection with this agreement. Any delay resulting y deed from obtaining the aforesaid instruments shall extend the closing rated, date the number of days equal to such delay. The seller shall con- the prop- vey said property to the Government at the time of closing. It will not be necessary to discharge liens and mortgages, if any, until the is assigns transfer of the title to the Government is about to be made. sny 5. If, in the opinion of the Government, it becomes desirable the to condemn the lands described in this agreement, this agreement may s assigns be entered in the condemnation proceedings as a stipulation for the United purpose of fixing the contract price as fair, just and reasonable com- title at pensation for the lands described, and providing that any and all awards hout of just compensation that may be established by judgment in the court further in behalf of any and all persons, corporations and associations other :essary than the seller, shall be deductible from the said contract price, and of the seller consents to such judgments, if any, and agrees to accept the ral balance of said contract price remaining after the payrne nt and deduction s sments, -5- C therefrom of the amount or amounts of any and all such awards, as full 1( and just compensation for the taking of the described lands. to 6. If title can be conveyed in the condition required hereunder, the p3 parties agree to complete the sale within 30 days after the Attorney gi General delivers his preliminary title opinion to the Postmaster General. In the event of default hereunder by the Government or its assignee, the G( seller's exclusive remedy shall be to terminate this agreement. or 7. It is specifically understood that the seller shall have the right pr to retain possession of and use said property as a public parking lot, pr rent free, until such time as the United States Government needs exclusive possession of the property for actual construction purposes. sh It being the intent of this condition that the Seller shall have a continuing Ci right of possession, rent free, even subsequent to the purchase of this the land and the payment of the purchase price hereunder until such time co. as the property is actually needed for construction purposes by the foi United States Government. If a Contract for the construction of the sh; Postal Facility is not awarded by the Post Office Department within two col years after the date of conveyance of title to the Government, the City shall repurchase the premises conveyed hereby for the sum of One cal Hundred Seventy Thousand Four Hundred Twenty-eight Dollars ($170,428.00). 4ke 8. The closing of this sale shall take place at Elgin, Illinois. 044 9. Rents, general and special water and sewer rent or rates, electric and gas charges, if any, shall be prorated and adjusted to the inc. date of possession: Bu] -6- full _ 4 10. The City shall deliver possession of said property subsequent - ' to closing when notified by the Postmaster General at least 30 days the a prior to the giving of such possession, subject to the rights, however, - i given to the City in paragraph 7 preceding. feral, 11. The City shall indemnify and save and keep harmless the the Government against any and all loss, costs, damage claim, expense, or liability whatsoever because of accident or injury to persons or ght property of others occuring in the use or operation of the described premises or in connection with the occupancy by the City thereof. 12. The agents, employees or representatives of the Government B. shall have the right, subject to the use made of the premises by the wing City to enter upon the said premises for the sole purpose of inspecting is the same and making test borings, plans, and topographical survey in connection with the Government's contemplated use of said premises for a United States Post Office. The Government, at its expense, shall promptly restore the property of the undersigned to its original wo condition in accordance with good engineering practices. y 13. The risk of loss or damage to said property by fire or other casualty until delivery of the conveyance is assumed by the seller. • _ _ - _ _ • - - - - aignable by - - - - - -- - - - - - - • - - - - nay-be 15. As used in this agreement the term Postmaster General includes the Postmaster General, the Assistant Postmaster General, Bureau of Facilities, and any person acting as either such officer. -7- 16. All notices, deliveries or tenders given or made in connection to t.. herewith shall be deemed completed and legally sufficient if mailed or ogvn delivered to the respective party for whom same is intended at the ad- and dress herein set forth. incl 17. The seller warrants that no person or selling agency has been mer employed or retained to solicit or secure this contract upon an agree- and ment or understanding for a commission, persentage, brokerage, or furt: contingent fee, excepting bona fide established commercial or selling othe agencies maintained by the seller for the purpose of securing business. State For breach or violation of this warranty the Government shall have neiti the right to annul this contract without liability or in its descretion oath to deduct from the contract price or consideration the full amount of shat such commission, percentage, brokerage, or contingent fee. of th 18. No member of or Delegate to Congress, or Resident Com- missioner, shall be admitted to any share or part of this contract, or agre to any benefit that may arise therefrom; but this provision shall not in th be construed to extend to this contract if made with a corporation for ogre, its general benefit. neith 19. The parties further agree that if the Government acquires embc title to the land described in Exhibit ,attached hereto and made a l part hereof, from certain thi;d.partiea,. the.Government.will_convey._ hands to the City an easement in perpetuity, oyez. and across said.property. Witness1 for public road purposes, which easement is fully described in Exhibit "B" attached hereto and made a part hereof, and in return therefor and in consideration thereof, the City will grant and convey -8- • action alb to the Government an additional 20-foot strip of property of the City- Or owned property, which is described in Exhibit "C", attached hereto ad- and made a part hereof. The City agrees to provide such evidence, including a title insurance policy if so requested, as the Govern- been ment may require to assure vesting in the Government of a valid ee- and marketable fee simple title to said 20-foot strip. The City or further agrees to supply at its own expense such further deeds and ng other legal instruments which the Attorney General of the United ess. States may require to assure a valid and satisfactory title. If neither the City nor the Government is able to convey a valid and satisfactory title as required by this Article 19, such inability shall in no way affect this document with regard to the acquisition of the property in Article 1 hereof. 20. It is understood and agreed that all understandings and or agreements heretofore had between the g parties hereto are merged in this contract which alone fully and completely expresses their r agreement and that the same is entered into after full investigations neither party relying upon any statement or representation not embodied in this contract, made by the other. IN WITNESS WHEREOF, the parties hereof have set their V- hands and seals as of the day and year first above written. CITY OF ELGIN, a Municipal Witnesses: Corporation of the State of Illinois By (L.S.) (L.S.) -9- 214 July 27, 1961 VOLUME mu (Address) Witnesses: UNITED STATES OF AMERICA By PF Assistant Postmaster General (SEAL) Washington 25, D.C. Section 2. That the Mayor and City Clerk of the City of Elgin be and they are WHERE hereby authorized, empowered and directed and instructed, for and on behalf of hand ' the City to execute a proper deed of conveyance of the real property described suffi in the foregoing agreement to the United States of American upon the said imprc United States of America complying with the terms and conditions set forth in Ordir the above agreement and being entitled to such conveyance. Apri] Section 3. That this ordinance shall be effective from and after its passage WHERF as provided by law and shall be published in pamphlet form by authority of the went: City Council. Speci t Presented: July 27, 1961 WHERE Passed: July 27, 1961 the i Vote: Yeas 5 Nays 0 LeRoy A. Mote, Mayor that Recorded: July 27, 1961 Published: July 27, 1961 Attest: Myrtle E. Spiegler, City Clerk NOW, mar Reports of Elgin Banks as Of June 30. 1961 Ordered Filed Secti is di Financial statements were received from the First National Bank of Elgin, the the l Elgin National Bank, and the Union National Bank and Trust Company as of June 30, 1;. tient issued in accordance with the request of the Comptroller of the Currency. The fiftt reports were ordered filed on motion of Councilman Shales, seconded by Councilmen same Johnson. Yeas: Councilmen Barber, Johnson, Schroeder, Shales and Mayor Mote. for t Nays: None. Secti Departmental Reports Received and Ordered Filed flegiE TreaE - Councilman Johnson made a motion, seconded by Councilman Shales, to order the sped reports presented by the City Manager filed. Yeas: Councilmen Barber, Johnson, upon i Schroeder, Shales and Mayor Mote. Nays: None. The Reports included the June City 3 Reports of the Public Works Department, Parking Lot Revenues, Personnel and Payrol:. Motor Fuel Tax Allotment, and the Treasurer. The Treasurer also presented a six Secti ? months summary of Revenue and Budgetary Operations to June 30, 1961. videc to bE Ordinance Passed Providing for Calling $5,000 Bonds Issued for one C Northeast District Sewer Extension Secti The Treasurer reported that $5,000 was available to provide for payment of !WOW: specs Sewer Extension Bonds, and Councilman Shales made a motion, seconded by Councilmen the C Barber, to pass an ordinance providing for payment of these Special Assessnt kms' inlet me 1 Yeas: Councilmen Barber, Johnson, Schroeder, Shales and Mayor Mote. Nays: Noor.