HomeMy WebLinkAboutOrd 2337 02/01/1972
ORDINANCE NO. 2337
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AN ORDINANCE DECLARING NECESSITY OF THE USE OF LAND
WHEREAS, the President and Board of Trustees of the Village of
Mount Prospect have determined to purchase a site for use as
the location of a water reservoir and pumping facilities and
for other municipal purposes; and
WHEREAS, the said site can be purchased for One Hundred Eighty
Thousand Dollars ($180,000.00) over a six (6) year period, with
Twenty-Five Thousand Dollars ($25,000.00) to be paid during fis-
cal 1971-72; and
WHEREAS, the Village of Mount Prospect has appropriated Two
Hundred Thousand Dollars ($200,000.00) for the acquisition of
land during this fiscal 1971-72; and
WHEREAS, the President and Board of Trustees of the Village of
Mount Prospect have reviewed the aforesaid matter and are of the
opinion that the site proposed to be purchased is needed to pro-
vide additional water reservoir capacity and pumping facilities
and for other municipal purposes; and
WHEREAS, the subject property presently owned by School District
No. 57 and the Trustees of Schools -- Township 41 North, Range
11 East, is located within the corporate limits of the Village
of Mount Prospect; and
WHEREAS, the President and Board of Trustees of the Village of
Mount Prospect have determined that bonds shall not be issued
for the cost of acquiring the said site;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS
SECTION ONE: That the President and Board of Trustees of the
Village of Mount Prospect declare it is necessary for it to use
and/or improve certain real estate described below for the hous-
ing of a water reservoir and pumping facilities, as well as for
other municipal purposes, which real estate is legally described
as:
"That part of the West 325.71 feet, (measured at right
angles to the West line thereof) of Lot 7 in Owner1s
Subdivision of Section 13, Township 41 North, Range 11
East of the Third Principal Meridian lying North of a
line drawn at right angles to the West line of said Lot
7, from a point on said West line, which is 939.70 feet
South of the Northwest corner of said Lot 7 (except the
West 33 feet thereof);
and
That part of Lot 7 in Owner's Subdivision of Section 13,
Township 41 North, Range 11 East of the Third Principal
Meridian, lying North of the center line of Sunset Road,
extended West, as laid out in Go1fhurst, being a resub-
division of Lot 3 in Owner1s Subdivision, aforesaid;
(except the West 350.71 feet thereof, measured at right
angles to West line of said Lot 7);
and
That part of the East 25 feet of the West 350.71 feet (the 25
feet and the 350.71 feet measured at right angles to the West
line thereof) of Lot 7 in Owner1s Subdivision of Section 13,
Township 41 North, Range 11 East of the Third Principal Meri-
dian, lying North of a line drawn at right angles to the West
line of said Lot 7 from a point on said West line which is
739.70 feet South of the Northwest corner of said Lot 7."
SECTION TWO: That the Village of Mount Prospect purchase the
above described real property owned by School District No. 57,
which real estate is located within the corporate limits of the
Village of Mount Prospect.
SECTION THREE: That the purchase price of the aforementioned
property shall not exceed the sum of One Hundred Eighty Thousandl
Dollars ($180,000.00) payable over a six (6) year period, Twenty+
Five Thousand Dollars ($25,000.00) of the said One Hundred I
Eighty Thousand Dollars ($180,000.00) to be paid during this
fiscal 1971-72 to the Board of Education of School District No.
57, Cook County, Illinois, a body politic and corporate, the
vendor, from the funds appropriated for the acquisition of land
by the Village of Mount Prospect.
SECTION FOUR: That legal title to the aforementioned tract sha1
be in the name of the "VILLAGE OF MOUNT PROSPECT, ILLINOIS, A
r~UNICIPAL CORPORATION. II
SECTION FIVE: That the President of the Board of Trustees of I
the Village of Mount Prospect is authorized to sign, execute,
and deliver a contract to purchase the aforementioned land (as
per copy attached hereto) pursuant to the terms and amount afore
mentioned; and that the Clerk of the Village of Mount Prospect I
is authorized to attest said signature.
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SECTION SIX: That this Ordinance shall be in full force and I
effect from and after its passage, approval, and publication in
the manner provided by law.
AYES: 5
NA Y S : 0
,;:c;::;:,:..;,::.::;':;~;;c/'~%"
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Mayor
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PASSED AND APPROVED this
1st day of February, 1972.
ATTEST:
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t"1U--C/ Ie /
, Village Cle
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REAL hi.T ATb SALE CONTRACT
This a~reement maJe ill the VillaJe of Mount Prospect,
of Cook, State of Illinois, tnis ..2f#!.<iay Of..;j.-~
between the Villa~e of Mount Prospect, a municipal
orporatioI1, hereinafter referred to as "VILLAGE", and the Trustee~
f Schools of Township 41 North, Range 11 East, ~ook County, 111i-
lois, hereinafter referred to as uDISTRICl'IJ, witnesseth:
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1. Tue VILLAGE agrees to purchase at the price of One
iundred ~ighty Triousan~ Dollars ($180,000.00) on the terms set
orth herein the following described real estate together with all
. illproVCIaents presently located thereon in the Village of ~10UIlt
rospect, Cook County, Illinois:
"That part of the West 325.71 feet, (laeasured at
right angles to the .,'est, line thereof) of Lot 7
in Own~rfs ~uou.ivi5ion of Section 13, Townsnip
41 North, Kung~ 11 East of the Thirc Prin.cir,al
MeriJian lyin;. Nortll of a line tinHfn ,it :ri,>.t
il.4^,.' }.es t.o t~~,-; ~.,;;;;) t. line of s .;dJ l.ot 7 J ':"'ru,.. .1
point on sahl hcst. lint:1 wl1icn is 9.5::1.70 i:.;ct
SQuth of tHe NOJ:tht-,iest (.ornor of saiti Lot 7 (e~'~-
cept the nest 33 feet tnereai);
and
Tnat ?J.rt oi Lot 7 in Owner's Subdi-risio::1 Ot
~ l~ C t :i (} n L;, t T ()\-.nl S h 1 P 41 l~ v r t h : R '-1...1 ~ \~ 12 L...1. $ t " f
1"" .~ 7~'1": ......~~ ;....~."""'~ ~ - ~ . "il *t"-':~""":"l.'': q,.~..., 1. )....: '4' \". ,,~....:.'. ....;;: r:..';.'. ',.',
..a" ..;.,..." .. .............!?" :-,"".. \J..l.U,A, .... '.l..,.t.; a'~;'i.,H ...:... _"-
center line of Sunset Road, (;xt.en~eJ hcst, as
lai~ out in Golfhurst, being a resubuivision of
Lot 3 in Owner's Sub~iYision, aforesai~~ (e~ccpt
tr.~~ k[B:..~;'t 350,,71 ret3t tllert;of, liL~~,lSUrCl..~ ~t I~i~;~;:t
a.fL~;les 'to ~\est line of saiu Lot 1) j
and
"
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That part of tne East 2S feet oi the west j)u.71
roet (the l5 feet ,WI..l t,lC 35U.71 fCI.:t ;"v,I'jU;n,'J
,tt l'it;~lt cnglcs to tili,;': i;;(.;St lin~; tHereof) oi Le.'c 7
ill OV:1!j.~l.'S ~~l~)J.i"'.l'isioll of ~;ecti0;1 1.3, 'f(j\;c'i~~rlil) ,,~l,
1\01'1:). R<..ln\~C' 11 L~~st or L.o 'LdrJ. rrii~cL;.;.l ;:('r~",j,,;;.)
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Jyi;lf' Sortn of a line urawn at ri~>~t aa~i:le:; tG:'I:(:
h'est"1ine of saiJ Lot 7 freEr a point on" said ;'{.;;st
liac l','nich is ;):J:J. 70 feet ~outn oi tllC Ncrtm':~;;$t:
cornel' of said. Lot 7,H
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re[~rrGl to as thu
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pro l~ e l' t r" .
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2. The DISTRICT agrees to sell the real estate and
roporty described hereinabove at the price and terms set forth
erein and to conveyor cause to be conveyed to the VILLAGE title
hereto by a recordable stamped Trustees' Deed, with release of all
ights including dower and homestead rights, if any, and a proper
ill of sale, subject only to: private, public, and utility ease-
ents and roads and highways, if any, said conveyance to take
lace upon the payment of the first portion of the purchase price
y the VILLAGE as set forth hereinbelow.
3. VILLAGE agrees to pay DISTRICT Twenty-Five Thousand
'ollars ($25,000.00) upon closing hereof and the balance payable a
ollows:
a. Twenty-Five Thousand Dollars ($25,000.00) to be
paid by the VILLAGE to the DISTRICT each June 1, begin-
ning with the year 1972 and continuing through 1~16, one
(1) final payment of Thirty Thousand Dollars ($30,OOO.ooj
is to be paid the DISTRICT by the VILLAGll on June 1, 197~:'
, b. In the event of a violation of any of the afore- I
mentioned condition.s for payment and, if upon thirty (30'
days written notice by the DISTRICT to the VILLAGE, tne
VILLAGE does not make payment of the full am.ouut of wi'del
it is in default, then this instrwllcnt shall become null
and void, the VILLAGli shall forfeit all ri~ht anJ title i
to said subject property, and all interest therein suall
revert to the DISTRICT herein. In the event such rever-
sion to the DISTRICT OCCU'l"S, all monies having been paid
in partial satisfaction of the purchase price prior to
said reverter shall be deemed to constitue liquidated
damages and shall rCI:lain ill the hands of the DISTRICT.
4. The time of closing silall be on April 3, 1972,
Isubsequently mutually agreed otherwise, and shall take place
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office of tue Superintendent of Elementary SC~1.oo1 District No. 57
or at tile Cook County Torrens Office in the event title is regis-
tered under the torrens system -- provided title is shown to be
600d or is accepted by the VILLAGE. A duplicate original of this
contra.ct, duly executed by the DISTRICT shall be delivered to tne
VILLAGE within fifteen (15) days from the date hereof, otherwise,
at the VILLAGE'S option, this contract shall become null and void.
S. The VILLAGE has passed Ordinance No.~~-37. Jeclarin
that it is necessary for it to use the subject land and property
for the location thereon of a certain water reservoir and pumping
facilities, and for other municipal purposes. However, at such
tiae as the VILLAGE, U1C purchaser herein, deems by the passage of
a proper Resolution of Notice that it no longer has any need for
the subject property or any portion ~~ereof. tAe VILLAGB shall de-
liver to the DISTRICT herein a certified copy of the said Resolu-
tion of Notice, widell Resolution of Nutice shall set forth the
[legal description of t~e subject prop~~ty or portiun
which tue VILLAGE is desirous of divesting itself.
a. Within thirty (30) days after delivery of said
ther~oi, of
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Rcsolutioll of t,otice to the DISTRICT, ti:e rn:~~T1{:CT LI,d.f
cle~t to repurchase t~e subject property or portion
thereof which is the subject matter of the said Resolu-
tion of Notice at a price equal to l06i of Sixteen Thau-
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sand Five Hunllred Thirty-Nine and Fifty-Six Qne iiundreJtps
Dollars (~16,539.S6) per acre calculated p~r annum from I
date hereof.
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b. In. the CV';;Dt the DISTRICT makes the s<:dd clcct1;:ih
to repurchase it Shall do so by giving to tho VILLAG~
wril.:te.l nuth:~ of ~UCIl electi\m <lcCo~Jkl~ni~J by e.:irn~"st
llioney in the amount of S~ of the totell IHu.ci:'..1se price: u':::;
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terZlineJ in the );Humor set forth herein.:ibo~{e. lL.;1i~',..
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of said notice of election may be by personal delivery
or certified mail.
c.
In the event the DISTRICT
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iila.r;;.es
the said elec-
tion to repurchase by the said delivery or mailing of
the said notice within the said thirty (30) day period,
the DISTRICT shall then have a period of twelve (12)
months from the date of said delivery or mailing of tne
said notice to tender to the VILLAGE the remaining 95%
of the purchase price in cash or certified check. Upon
such tender and delivery of the purchase price, the
VILLAGE shall execute and deliver to the DISTRICT its
trustees' deed to the land legally described in the afor ..
mentioned Resolution of Notice.
d. In the event the DISTRICT ~oes not elect to re-
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purchase the subject property or portion thereof within I
the said thirty (30) day period, the VILLAGE n~ay accept I
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an of~r froB any person, fi~. or corporation not & I
party to this a&reemcl..t and the subj oct property or por-!
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tion thereof to which the aforementioned Resolution of
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IIVILLAGL. not less th;;'Il five (5)
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Ii tilt; lh.mcr s otTens (H:.l! lea e
it
Notice relates shall be deemed released from this right
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the VILLAGE of only a part or parts of the subjoct prop-I
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crtl hereinubc\'{.; leball;: described shall no t uf f c ,-. t t. i,e ;
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herein contained right of first refusal as to the re~ain~
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of first refusal~
~lY such conveyance on the part oi
der of the said subject property.
6.
DISTRICT sllall deliver or cause to be deliver~J to
d D)' S
,
I)rior to tf-.e ti ,'e 0 i;': ""1 'F :)~, :
~.' . ~..~. -.oj> .... '\..,.- ."., \".... ..~.... ~;;. ~ f
of Title or a title co~
t ~ l~ '~'.: t ~'c" t ~
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j an o"ln.er' s ti tIe insurance policy i ~sucd by the C1ica~o Ti tIe 1;14
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surance COll1pany in the amowlt of tile purchase price, coverin~
title to the subject property on or after the date hereof, snowin~!
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title in the intended grantor subject only tv en) the ~caer::11 ex- I
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ceptions co~ntair4eJ. in ~he policy, (b) the title exceptions sel: \
forth above, and (c) title exceptions pertaining to lienti Of en-
cumorances of a definite or ascertainable amou.nt which liLay be re- I
moved by the paYOlent of money at the time of Closing anJ which the!
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DISTRICT may so remove at that time by using the funds to be paid I
upon the delivery of tn.e deed (all of w;.ich arc herein referred to!
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as the permitted exceptions). The Torrens Certificate or Title
Corunitment, as the case may be, shall be conclusiye evidence of
good ti tle as therein shown as to all matters. insured by the i~olic'
subject only to the exceptions as therein stated. DISTRICT also
shall furnsih V~L~\GE an affidavit of title in customary form
I cove ring tile da to of cl os i ng and sl. C>I in" title in DI 5 Till CT 5 U~ j C ct
\'\onlY to th~ p~r.itt~J eKce~tlgn. in farecoigg it.a. (Ll mua eel
and unpermitted exceptions or Jetects in tae title disclcs~d D1
II the . s ~ rvey, if any, as to "hi en. th. tit lo ins ure r ~ ow"i t5 to 0 x.
IItenl.i l.n.sural1c..; ill thl: i.H~iUH.:r syccifhnl iu p;J.~'~~.ra.pil 7 belv,>l.
;'!_ .. 'l' . _. tI . .. ,~.~ . . - - "" ..' .
I 7. It tHe I~tl:..; ...C..;lUlti,H;ut or ..orIJH:3 l.{;:r.t.J.il.~a~;,; ~l:;;.'
1,;:103'-'5 eit..u:r unp~r;.~itteu e;:c.eptions or survey matters that ll,:~AI,Ji~;;;
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: tae ti tle u~l;;~d.rki;tajle (h~n'ein n~i~rreJ to ;$;l 'fJ~:i~:~t;)Il), UlSTf'.r
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shall have t..li r ty (30) days :t'rom the da te of Joli v e~"f tllC' roo i' t:.'1
have the exc€,.,itions removed from the cc-:.:.,41 ttlent or to C01"1.'.,~\:t 5;J '.
A
llJG fects or to have t,:lC title insure r co~:!;:1.i t tc) insqrt: n(..~a:H.$. t hE'
\\or tiaJ,iage that ,oay l>e occasivil"d by sue" exception. or do ("elS,
\~n.l 1.n ".,'11 ".ve',,"l"f ...11.~ 'tl."'"'' o.c "1)"""'" <', ""11 >,;>t'~f"t.,...c"".,. ("':
;,;:..~ \..I., ~I..l_._ -... .... ..j.... h.C ..l...... t ...~4'~~ .)d..t~,.. ",", ','-'-"'1 ...' ',' \,"
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~lftcr Jt.:livery of the C0L~li tmcllt or the tir,e exp~'~'~:i 1)' :. i, .:,.:.;
Ll~i 'V' s
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in pa.r<J~l"i.1.p;l <1- h.ereof, Hllid1.eVcl' is latel". IfiHST1UCT i,'::;
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to have the exceptions removed or correct any survey defects, or
in the alternative, to obtain the commitment for title insurance
specified above as to such exceptions or survey defects within the
specified time, VILLAGE may terminate this contract or may elect,
upon notice to DISTRICT within ten (10) days after the expiration
of the thirty (30) day period, to take title as it then is with
the right to deduct from the first portion of the purchase price
liens or encumbrances of a definite or ascertainable amount. If
VILLAGE does not so elect, this contract shall become null and
void without further action of the parties.
8. Any payments herein required to be made at the time
of closing shall be by certified check or cashier's check, payable
to DISTRICT.
9. All notices herein required shall be in writing and
shall be served ~n the parties at the addresses following their
signatures. The mailing of a notice by registered or certified
mail, return receipt requested, shall be sufficient service.
10. The VILLAGE agrees to pay for the paving of the
entire length and width of William Street from Golf Road north
to Weller Creek.
ATTEST:
VILLAGE OF MOUNT PROSPECT
.,-",;.;,~.:.,,,,.,';'~:;,r/""'''', /,;;;r'~,/ t
~..,;;__,,'A::d~X~. 5i~'4,.....k......~<
Mayor
By:
ATTEST:
THE TRUSTEES OF SCHOOLS OF
TOWNSHIP 41 NORTH, ~.NGE 11
EAST, COOK COUNTY, ILLINOIS
By: ~ Yh. ~~L:
President
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