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HomeMy WebLinkAboutOrd 3049 09/02/1980 RDINANCE NO. 3049 AN ORDINANCE AUTHORIZING THE PURCHASE OF REAL PROPERTY (THE BOESCHE PROPERTY~ W~ERE~S, it is ~eemed advisable, necessary and in the public interest that the Village of Mount Prospect of Cook County, Illinois acquire a parcel of real estate which is legally described as: That part of the Northwest 1/4 of Section 12, Township 41 North, Range 11 East of the Third Principal Meridian, described as follows: Co~u~encing at the Southeast corner of the Northwest 1/4 of said Section.12, running thence Westerly along the South line of said Northwest 1/4, 754.84 feet; thence North parallel with the East line of said Northwest 1/4, a distance of 638.78 feet to ~he point of beginning of the' tract of land being described herein; thence continuin~ North along said parallel line a distance of 318.45 feet to the Southerly line of the right of way of the Wisconsin Division of the Chicago and Northwestern Railway; thence Southeasterly along said Southerly line of right of wa~, a distance of 175.25 feet; thence South parallel with the East line of said Northwest 1/4, a distance of 232.89 feet; thence Westerly parallel with the South line of said Northwest 1/4, 150.0 feet to the point of beginning (excepting therefrom the Westerly 33 feet and also excepting the Northeasterly 66 feet ~ thereof). together with Lot 1 in J. A. Weber's Addition to Mount ~rospec~, being a Subdivision of part of the East 1/2 of the Northwest 1/4 Section 12, Township 41 North, Range 11 East of the'Third'Principal Meridian, in Cook County, Illinois, hereinafter referred to as the "Subject Property"); and tHEREAS, the Subject Property will serve the public and corporate ~urposes for which the Village of Mount Prospect is organized; nd iHEREAs, the Village of Mount Prospect as an Illinois home rule tunicipality has the authority to. purchase real estat~ to ~e used for proper public purposes. ;OW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF ~RUSTEES OF THE VI?.T.AGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS s follows: ECTION ONE: The recitals set forth hereinabove are incorporat herein as findings of the President and Board of Trustees of the Village of Mount P~ospect. SECTION TWO: The President and Board of Trustees of the Villag of Mount Prospect hereby determine that it is advisable, necessary and in the public interest that the Village of Mount Prospect purchase a parcel of real estate which is legally decribed as: That part of the Northwest 1/4 of Section 12, Township 41 North, Range 11 East of the Third Principal Meridian, described as follows: Commencing at the Southeast corner of the Northwest 1/4 of said Section 12, running thence Westerly along the South line of said Northwest 1/4, 754.84 feet; thence North parallel with the East line of said Northwest 1/4, a distance of 638.78 f~et to the point of beginning of the tract of land bei'ng described herein; thence continuing North along said parallel line a distance of 318.45 feet to the Southerly line of the right of way of the Wisconsin Division of the Chicago and Northwestern Railway; thence Southeasterly along said Southerly line of right of way, a distance of 175.25 feet; thence South parallel with the East line of said Northwest 1/4, a distance of 232.89 feet; thence Westerly parallel with the South line of said Northwest 1/4, 150.~ feet to the point of beginning (excepting therefrom the Westerly 33 feet and also excepting the Northeasterly 66 feet thereof). together with Lot 1 in J. A. Weber's Addition to Mount Prospect~ being a Subdivision of part of the East 1/2 of the Northwest 1/4 Section 12, Township 41 North, Range '11 East of the Third Principal Meridian, .in Cook County, Illinois, ' (hereinafter referred to as the "Subject Property"), pursuant to an agreement for the purchase thereof at a total cost of $165,000. SECTION THREE: The Board of Trustees hereby authorizes the President to sign and the. Village Clerk to attest an agreement for the purchase of the Subject ~roperty in substantially the same form with substantially the same terms as the agreement attached hereto as Exhibit A and incorporated herein by this reference, and to do all things necessary and essential, including the execution of any documents and certificates necess~ to carry out the provisions of said agreement. SECTION FOUR: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. -2- Passed this 2nd. day of September , 1980 AYES: Farley, Floros, ~urauskis, Richardson, Wattenberg NAYS: None ABSENT: Miller, Krause Approved this 2nd. day of September , 1980. Approved: Attest: Village Clerk GREEMENT FOR PURCHASE OF BOESCHE'S RESUBDIVISION THIS AGREEMENT dated this25%k day of July, 1980, between the Village of Mount Prospect, a municipal corporation in the County of Cook and State of Illinois~ (hereinafter called ~'the Vi!lage") ~ and Arthur H. Boesche and Evelyn P. Boesche, his wife, (hereinafter called '~the Sellers"); W I T N E S S E T H: WHEREAS, the corporate authorities of the Village of Mount Propsect have determined that it is advisable, necessary and in the public interest that the Village purchase for public purposes the property commonly known as Boesche's Resubdivision, located at 117 East Prospect Avenue, Mount Prospect, Illinois, and legally des- cribed as follows: That part-of the 'Northwest 1/4 of Section 12~ Township 41 North~ Range 11 East of the Third Principal Meridian, described as follows: Commencing at the Southeast corn,e~ of the Northwest 1/4 of said Section 12, running theD/~esterly along the South line of said Northwest 1/4~ 754.84 feet; thence North parallel with the East line of said Northwest 1/4, a distance of 638°78 feet to the point of beinning of the tract of land being described herein; thence continuing North along said parallel line a distance of 318.45 feet to the Southerly line of %he right of way of the Wisconsin Division of the Chicago and Northwestern Railway; thence Southeasterly along said Southerly line of right of way, a distance of 175o25 feet; thence South parallel With"th~ast line of said Northwest 1/4, a distance of 232.89 feet; thence Westerly parallel with the South line of said Northwest 1/4, 150.0 feet to the point of beginning (excepting therefrom the Westerly 33 feet and also excepting the Northeasterly 66 fee% thereof together with Lot 1 in J. A. Weber's Addition to Mount Prospect, being a Subdivision of part of the East 1/2 of the Northwest 1/4 of Section 12, Township 41 North, Range 11 East of the Third Principal Meridian, in Cook County, Illinois (hereinafter called "Boesche's Resubdivision" or "the premises")~ and WHEREAS, the Sellers have agreed to sell the Boesche's Resubdivision to the Village as hereinafter provided: NOW THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained and other valuable considera- tion, it is mutually agreed between the Sellers and the Village as follows: 1. The Sellers agree to sell Boesche's Resubdivision to the Village and the Village agrees to purchase Boesche's Resob- division from the Sellers for the sum of One Hundred Sixty-Five Thousand and no/100 dollars ($165,000.00), and in addition permit Sellers to remove certain items to be determined by Sellers~ which items were affixed to the premises during Sellers~ long period of ownership, and which they have a desire to keep not so much for their value, but their desire to preserve same and prevent their demolition and destruction in the event said items are left on the premises. 2. The Village has paid Sixteen Thousand Five Hundred Dollars ($16,500.00) as earnest money to be applied on the purchase price~ and agrees to pay or satisfy the balance of the purchase price~ plus or minus prorations, at the time of closing in cash or Certified or Cashier's Check° 3. The Sellers shall, at closing~ convey Boesche's Resubdivision to the Village by a stamped Warranty Deed, with release of homestead rights~ subject only to: (a) covenants, conditions and restrictions of record; (b) private, public and utility easements and roads and highways, if any; (c) special taxes or assessments for improvements not yet completed; (d) any unconfirmed special tax or assessment; (e) installments not due at the date hereof of any special tax or assessment for improve- ments heretofore completed; and (f) general taxes for the year 1980 and subsequent years. 4. Closing shall be on October 15, 1980 unless mutually agreed otherwise by the Sellers and the Vi!!age~ at 100 South Emerson Street, Mount Prospect~ Illinois, provided title is shown to be good or is accepted by the Village. 5. The Sellers shall deliver possession to the Village on the date set forth in paragrap~ 4, above. If Sellers fait to deliver possession of the premises to the Village on or before the date set forth in paragraph 4, above, Sellers agree to pay to the Village the sum of $100.00 per day for each day they remain in possession after the date set forth in paragraph 4, above. 6. The Village has in its possession a recorded Plat of Survey of Boesche's Resubdivision, made and certified by Surveyor on April 24, 1979, as having been made in compliance with the Illinois Land Survey Standards. 7. The Sellers shall deliver or cause to be delivered to the Village or the Village's agent, not less than 35 days prior to the time of closing, a title commitment for an owner's title insurance policy issued by the Chicago Title Insurance Company or another equally reputable title insurance company in the amount of the purchase price, covering title to Boesche's Resubdivision on or after the date hereof, showing title in the intended grantor subject only to (a) the general exceptions contained in the policy, (b) the title exceptions set forth above, if any, and (c) title exceptions pertaining to liens or encumbrances of a definite or ascertainable amount which may be removed by the payment of money at the time of closing and which the Sellers may so remove at that time by using the funds to be paid upon the delivery of the deed [all of which are herein referre~ to as the pezmitted exceptions). The title commitment shall be conclusive evidence of good title as therein shown as to all matters insured by the policy, subject only to the exceptions as therein stated. The Sellers also shall furnish the Village an affidavit of title in customary form covering the date of closing and showing title in the Sellers subject only to permitted exceptions in.the foregoing items (b) and (lc) and unpermitted exceptions, if any, as to which the title insurer co,nits to extend insurance in the manner specified in paragraph 8 below. 8. Jif ~he title co~nitment discios~s unpe~n~itted exce?%ions, the Sellers shall have 30 days from the date of delivery thereof to have the exceptions removed from the commitment or to have the title insurer commit to insure against loss or damage that may be occasioned by such exceptions, so that the time of closing shall be no later than the time specified in paragraph 4 above. If the Sellers fail to have the exceptions removed, or in the alternative, to obtain the commitment for title insurance specified above as to such - 3 - exceptions within the specified time, the Village may terminate this contract or may elect, upon notice to the Sellers within 10 days after the expiration of the 30-day period, to take title as it then is with the right to deduct from the purchase price liens or encumbrances of a definite or ascertainable amount. If the Village does not so elect, this contract shall become null and void without further actions of the parties. 9. Rents and premiums under assignable insurance policies, if any~ and water and other utility charges, general taxes, if any, and other similar items shall be adjusted ratably as of the time of closing° if the amount of the current general taxes is not then ascertainable, the adjustment thereof shall be on the basis of 110% of the amount of the most recent ascertainable taxes. All prorations are final unless otherwise provided herein° Existing leases and assignable insurance, if any~ shall then be assigned to the Village° The Sellers shall pay the amount of any stamp tax imposed by State law on the transfer of the title, and shall furnish a completed Real Estate Transfer DeclaratioD signed by the Sellers or the Sellers' agent in the form required pursuant to the Real Estate Transfer Tax Act of the State of Illinois and shall furnish any declaration signed by the Sellers or the Sellers' agent or meet other requirements as established by any local ordinance with regard to a transfer or transactions tax; such tax required by local ordinance shall be paid by the party upon whom such ordinance places responsibility %herefor~ If such ordinance does not so place responSibility, the tax shall be paid by'the Sellers. 1Qo Sellers warrant that they have received no notices from any city, village or other governmental authority of zoning, bui!ding~.fire or health code violations in respect to the real estate that have not been h~retofore corrected. 11. The provisions of the Uniform Vendor and Purchaser Risk Act of the State of Illinois shall be applicable to this contract. 12. The earnest money in the amount set forth in para- graph 2 above, shall be held by Clement V. Ward~ Esquire, 222 North Wille St., Mount Prospect, Illinois, for the mutual benefit of the parties who sign this contract. - 4 - 13. If this contract is terminated without the Village's fault, the earnest money shall be returned to the Vi!lage~ but if the termination is caused by the Village's fault, then at the option of the Sellers and upon notice to the Vii!agew ~the earnest money shall be forfeited to the Sellers and applied first to the payment of Sellers' expenses; the balance, if any, to be retained by the Sellers as liquidated damages, which shall, be the Sellers~ sole remedy. 14. 15. Time is of the essense of this contract° Ail notices herein rlequired shall be in writing and shall be served on the parties at the following addresses: The Sellers: Mr. and Mrs. Arthur H. Boesche 117 East Prospect Avenue Mount Prospect, Illinois 60056 The Village: Terrance L. Burghard Village Manager Village of Mount Prospect 100 South Emerson Street Mount Prospect, Illinois 60056 The.mailing of notice by registered or certified ~ail~ return receipt requested, shall be sufficient service. 16. The Sellers shall furnish to the Village attorneys, Ross, Hardies, O'Keefe, Babcock & Parsons, One ~BM Plaza, Suite 3100, Chicago, Illinois 60611, at least three business days prior ~o closing, photocopies of the Warranty Deed, Affidavit of Titl~ and Clo~ing Statement to be delivered at Closing. 17. The Village, its officers, its employees, or other persons, or organizations hire~ by the Vi!!age~ shall have no right, or authority, to perform any work of any kind on the premises until on or before October 15, 1980, the date when title to the entire premises, as well as possession thereof, is to be ~ransferred to the Village. N WITNESS WHEREOF, the Sellers have executed this agreemen~ and the Village has caused this agreement to be executed by its Mayor and attested by its Clerk and the official seal of the Village to be hereuntoaffixed, all as of the day and year first above written. ARTHUR H. BOESCHE ATTEST: VILLAGE OF M~UNT PROSPECT EVELYN Po BOESCHE Mag6r - 6 -