S-785 O rdina.nce No. 5-785
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AN ORDINANCE
AUTHORIZING THE MAYOR AND C.TY CLERK TO EXECUTE A DEED
CONVEYING CERTAIN PROPERTY INCLUDED IN THE URBAN RENEWAL
PROJECT IDENTIFIED AS, "CITY OF ELGIN, ILLINOIS, CENTRAL AREA
REDEVELOPMENT PROJECT ILL. NO. R=44", TO ILL NC -S BU:LD NC -
AUTHORITY, A BODY CORPORATE AND POLITIC OF THE STATE OF
ILLINOIS IN CONFORMITY WITH THE REDEVELOPMENT PLAN FOR SAID
PROJECT.
WHEREAS, in furth.erence of the objectives of Division 11 of the Illinois
Municipal Code entitled, "Urban Rehabilitation", the City of Elgin, Illinois, as
"Local Public Agency", has undertaken a program for the clearance and re-
construction of slum and blighted areas in the City of Elgin,- Illinois, and in
this connection is engaged in an Urban Renewal Project identified as, "City
of Elgin, Illinois, Central Area Redevelopment Project Ill. No. R-44", and
WHEREAS, the City of Elgin, as "Local Public Agency", has under
date of October 31, 1963, approved an Urban Renewal Plan for said project,
also known as the Redevelopment Plan, providing for the clearance and re-
. development of the project area, and subsequently, under date of September 1,
1964, approved a revised Urban Renewal Plan for said project area which pro-
vided that a certain portion of said project area, described therein, be con-
veyed by the City of Elgin to the Illinois Building Authority, a body corporate
and politic, of the State of Illinois, for the purpose of being developed as a
site for a new courthouse for the Second Appellate District of the State of
Illinois, and
WHEREAS, the City of Elgin, as Local Public Agency, has not completed
the clearance of said particular tract of land nor the development of the site
improvements thereon, but it is imperative that the;illinois Building Authority
be vested with title to said real estate so that it will be in a position to proceed
with the financing of the construction of said courthouse.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ELGIN, ILLINOIS:
Section 1. That the Mayor and City Clerk of the City of Elgin be, and
they hereby are, authorized and empowered, directed and instructed for and on
behalf of the City of Elgin, to execute a quit-claim deed conveying certain real
estate included in the Urban Renewal Project identified as, "City of Elgin,
Illinois, Central Area Redevelopment Project Ill. No. R-44", legally described
hereafter to the Illinois Building Authority.' Said deed to be in substantially the
following form, to-wit:
"QUIT=CLAIM DEED
THIS INDENTURE WITNESSETH That the Grantor, THE CITY OF
fibk ELGIN, a municipal corporation of the State of for and in considera-
tion of Ten Dollars ($10. 00) and other good and valuable consideratiori, in
hand paid, conveys and quit-claims to ILLINOIS BUILDING AUTHORITY, a
body corporate and politic of the State of Illinois, the following described real
estate situated in the City of Elgin, County of Kane, State of Illinois:
That part of the Northeast quarter of Section 14, Township 41
North, Range 8 East of the Third Principal Meridian in the
City of Elgin, described as follows: Commencing at the inter-
section of the Southerly line of North Street with the Westerly
line of Brook Street; thence Southerly along the Westerly line
of Brook Street, a distance of 17. 7 feet to a point on a line that
• is 70. 0 feet South of and parallel with the North. line of North
Street; thence Westerly along said parallel line, a distance of
10. 5 feet for the place of beginning; thence Southerly parallel
with the West line of Douglas Avenue, a distance of 181, 67 feet;
thence Westerly at•right angles to the last described course, a
distance of 244. 0 feet; thence Northerly at right angles to the
elk last described course and parallel with the West line of Douglas
Avenue, a distance of 178. 33 feet to a point on a line that is
70. 0 feet South of and parallel with the North line of North Street;
thence Easterly along said parallel line, a distance of 244. 02 feet
to the place of beginning. Being situated in the City of Elgin,
Kane County, Illinois, and containing 1. 008 acres more or less.
It is specifically agreed that this Deed is subject to all of the terms,
provisions, covenants, conditions and restrictions contained in the official
Urban Renewal Plan adopted by the City Council of the City of Elgin, Illinois,
for Urban Renewal Project known as, "Central Area Redevelopment Project"
(Project No. R-.44) which is filed of record in the Recorder of Deeds office of
Kane County, Illinois, in Book No. 2284 at Page 577 as Document 1045162
and also the revised Urban Renewal Plan adopted by the City Council of the
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City of Elgin, Illinois, for said Urban Renewal Project which is filed in the
rak office of the Recorder of Deeds of Kane County, Illinois, in Book 2284 at Page
590 as Document No. 1045163, (specifically excluding, however, any provi-
sions contained in said Plans requiring buildings constructed in the area to
provide an off-street loading berth), said Urban Renewal Plan and revised
Urban Renewal Plan being incorporated herein by reference.
It is further specifically agreed that this Deed is also subject to all
of the terms, provisions, covenants, conditions and restrictions contained
in that certain resolution adopted by the City Council of the City of Elgin,
Illinois, on November 11, 1963, entitled, "RESOLUTION OF THE COUNCIL
OF THE CITY OF ELGIN, ILLINOIS, ASSURING THE HOUSING AND HOME
FINANCE AGENCY AND THE UNITED STATES OF AMERICA THAT THE
CITY OF ELGIN WILL ACQUIRE AND REDEVELOP CERTAIN PROPERTY
INCLUDED IN THE URBAN RENEWAL PROJECT IDENTIFIED AS 'CITY OF
ELGIN, ILLINOIS, CENTRAL AREA REDEVELOPMENT PROJECT ILL, NO,
R-44' IN STRICT CONFORMITY WITH THE REDEVELOPMENT PLAN FOR
SAID PROJECT", which resolution has been duly filed for record in the Re-
corder of Deeds' office of Kane County, Illinois, in Book 2284 at Page 570 as
Document No, 1045164 and being incorporated herein by reference.
It is further specifically agreed that all of the terms, provisions,
covenants, conditions and restrictions contained in the above-identified Urban
Renewal Plan, revised Urban Renewal Plan, and Retention Resolution shall
and are hereby, declared to be covenants running with the land, enforce-
able as therein set out, and which, in addition thereto, are hereby declared
to be also for the benefit of the Grantor and also enforceable by it regardless
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of whether or not title to all of the land in the said Central Area Redevelopment
Project Urban Renewal Project Area may have been transferred to other
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public bodies.
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This deed of conveyance is subject to the following express conditions
and restrictions, to-wit:
1. That the Grantee hereunder shall commence construction of the
contemplated improvements on said property on or before December I, 1965.
2. That said improvements shall be completed on or before March 1,
1967, barring any unusual delays beyond the control of the Grantee, such as
strike and conditions of national emergency.
The Grantee, by the acceptance of this Deed, covenants for itself, its
successors and assigns that it shall not discriminate upon the basis of race,
color, creed or national origin in the sale, lease or rental, or in the use or
occupancy of the described property or any improvements erected or to be
erected thereon.. This covenant shall be a covenant running with the land and
the United States of America is a beneficiary thereof and is entitled to enforce
the same.
This Deed is made to the Grantee as a public corporation by the Grantor,
as Local Public Agency, under an Urban Renewal Project pursuant to the pro-
visions of Sections 11-11-1 and 11-11-2 of Chapter 24, Illinois Revised Statutes
for 1963.
• IN WITNESS WHEREOF, This Deed is executed and the corporate seal
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of the City of Elgin, Illinois, is affixed thereto pursuant to authority and
direction given in Ordinance No. 3-785 , passed by the City Council of Elgin,
Illinois, on June 24th , 1 96 5.
Dated: CITY OF ELGIN, a municipal corporation
of the State of Illinois
By
Clyde L. Shales, Mayor
ATTEST: •
City Clerk"
Section 2. That subsequent to the conveyance of said property, the
City shall complete the land clearance of said area and install site improve-
ments thereon in accordance with the Urban Renewal Plan, as revised, for
said Project Ill. No. R-44.
Section 3. That the said City Council hereby determines that it is
r1/4 necessary and proper to make conveyance of said property at this time in
order to carry out the Redevelopment Plan as set forth for said project, and
that the manner of conveyance is appropriate for the disposal of the land and
insures that it shall be developed in accordance with the Urban Renewal Plan,
and Revised Urban Renewal Plan,
Section 4. That the consideration for said conveyance shall be the
assurance of the Illinois Building Authority as provided in the covenants and
restrictions hereinabove set forth that said property shall be developed in
accordance with the Urban Renewal Plan.
Section 5. That this ordinance shall be effective from and after its
passage, as provided by law, and shall be published in pamphlet form by
authority of the City Council.
Presented: June 10, 1965 Clyde L. Shales, Mayor
Passed: June 24, 1965
Vote: Yeas 4 Nays 0
Recorded: June 24, 1965
Published: June 24, 1965
Attest: Myrtle E. Spiegler, City Clerk
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