Loading...
HomeMy WebLinkAboutOrd 617 06/24/1958 ORDINANCE NO. (p I 7 AN ORDINANCE TO ACQUIRE CERTAIN PROPERTY BY THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, FOR STREET PURPOSES WHEREAS, the Village of Mount Prospect, Cook County, Illinois, is a duly organized Village created under and operating in accordance with the provisions and laws of the State of Illinois entitled the "Cities and Villages Act;" and WHEREAS, the corporate authorities of the Village of Mount Prospect find that the property hereinafter de- scribed should be purchased by the Village of Mount Pros- pect for purposes of use as streets and in connection with traffic control and in the interests of public safety, NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, AS FOLLOWS: Section 1: It is hereby found, determined and declared that it is useful, advantageous and necessary to the public interests of the Village of Mount Prospect and the residents thereof that the said Village of Mount Pros- pect acquire for public use as streets, traffic control and in the interests of public safety the following de- scribed property: Parcel No.1: Lot 1 in Block 4 in Prospect Park Subdivision No. 1 of the West half of the North 60 rods of the South West quarter of Section 12, Township 41 North, Range 11, East of the Third Principal Meridian in Cook County, Illinois; ALSO Parcel No.2: Lot itA" in the resubdivision of Lots 7, b, 9, and 10 in Block 3 in Meiers Addition to Mount Prospect in the North West quarter of Section 12, Township 41 North, Range 11, East of the Third Principal Meri- dian (except that part of said lots taken for street) in Cook County, Illinois. - 2 - Section 2: That the Village Attorney, Robert J. Downing, is hereby authorized and directed to negotiate with the owner or owners of the above-described property for the purpose of purchasing said property for the Village of Mount Prospect and to endeavor to agree with such owner or owners upon a purchase price. Section 3: In case the Village Attorney is able to agree with the owner or owners of said property, or any part thereof, upon the purchase price thereof, he is author- ized to purchase said property for the agreed price, subject to the approval by the President and members of the Board of Trustees of the Village of Mount Prospect. Section 4: In case of the inability of the Village Attorney to agree with the owner or owners of said property, or any part thereof, or in case the owner or owners or any of them are incapable of consenting to the sale thereof, or in case the names or residences of said owner or owners are unknown, or they are non-residents of the State of Illinois, the Village Attorney shall institute and prosecute condemna- tion proceedings in the name of and on behalf of the Village of Mount Prospect for the purpose of acquiring title to said property under the Village of Mount Prospect's right of eminent domain, and such property is hereby declared to be useful, advantageous and desirable to the Village of Mount Prospect and in the interests of public safety to be used for public purposes. Section 5: This Ordinance shall be in full force and effect from and after its passage. AYE: 7JfttSTtf'~S" C,.45 T~,.eL//V6~ ;V'~,.elf' IS , S C/-/,{,,4 J/6~ , YY; / L E/e , - 3 - ~H6 , NAY: J J , ABSENT : at/' S/6ES .' ~ / /e t j/ ,/P/VI.J B /€ t:J ,4 j:) PASSED this "?9'Tllday of JZt N/3 APPROVED this';??' T,#day of J7.t AI IE , 1958. , 1958. ~~~~\ Village C er . CHICAGO TITLE AND TRUST COMPANY III W. WASHINGTON ST. TELEPHONE DEARBORN 2-7700. CHICAGO 2, ILLINOIS TITLE DIVISION Kitchell and Conway 141 West Jackson Boulevard Cklcago, Illlnois PRELIMINARY REPORT ON TITLE Attention: Mr. Robert J. Downlq 47-81-727 MaY' 21, 1958 Owners Policy Per Agreeaent Mortgage Policy Number Ti tie Da te In connection with the above numbered application for Title Insurance Policy, we have completed our title searches to the property hereinafter described, and report that we are prepared to issue such policy, subject to the usual terms, conditions and exceptions contained in our regular form of Title Insurance Policy insuring against loss or damage, not exceeding the amount set forth in the policy, which the as- sured may sustain by reason of defects in the title of EARL (j. IVERS:N AND BERTHA E. IVERSEN, HIS WIn; as to parcell: WILLIAM L. IlEIIR AND LOUIS lillER, TRUSTDS UNDIR TRUST AGRDIINT DATED JANUARY 5,1953 as to parcel 2, on title date shown above, subject to the following: (1) rights or claims of parties in possession not shown of record; (2) questions of survey; (3) easements and claims of easement not shown of record; (4) mechan- ics' liens where no notice thereof appears of record; (5) special assessments and special taxes not con- firmed by a court of record; (6) building and zoning ordinances; (7) violation of or liability arising under the statute of Illinois relating to alcoholic liquors, approved January 31, 1934, or any Act amendatory thereof; (8) taxes for the year 1956 on LOt "An of parcel 2; and th.e years 1957 and 1958 on all of the premises herelnbelow described. NOTE: General Taxes 1958 not delinquent before May 2, 1959. (9) Forfeltur.'of Lot "A" ~f tarceJ No. 2 on January 23 ,1958 to state for ceneral TAxes 1956 for $33.98 and interest, penalties and costs. (10) Lot J. .f Parcel No.1, subject to aDDul benefits for the malntenance and repalraf Weller Creek Drainage Maln District under la.. Docket No. 40014, couaty Court. NOTE: Annual benefits up to and iDcl~dlD1 the year 1940 are paid. ~~j "', '\ i YEAR AMOUNT DISPOSITION 1941 to 1947 $0.25 eaCh year' Unpaid 1948 to 1955 $1.00 each year Unpaid and 1957 . USE ENV. 5004 FORM 22 47-81-727 -2- NOTI: No request for an annual benefit use._at aas been aac1e for the year 1956. aad no further aDDual benefits will be levl" after tae year of 1957. TAG prealses in question have been detache. from said drainage district. (11) LetHA" of parcel No.2, subject to anDual benefit" for the ..intenance and repair of 'ellerCreek Drainage Main District UDder Law Docket No. 40014, County Court. NOTB: Annual benefits up to and includiq the year 1945 are paid. DAR 1948 and 1947 1948 to 1950 1951 to 1954 1955 1957 AlIOUNT DISPOSITION $1.08 each year Unpaid Paid Unpaid Paid $1.00 each year $1.00 Unpaid NarE: No request for aa..)annual benefit asses_nt has been _d. for tile year195e. anel DO fur tiler &aDualbenefi ts rill be levied after the ,ear 01 1957. The preaises in ca- stion have been de- tached froa said drainage district. (12) Lot 1 in Parcel No.1, subject to anDual benefits for the maintenance and repair of Weller Creek Drainace Subdivision District No. 1 under law Docket No. 40014, Count, Court. NOTI: Annual beneti ts up to and including the year 1941 are paid. DAR 1942 to 1947 1948 to 1955 and 1957. AMOUNT DISPOSITION ... 25 each year $1.00 each year Unpaid Unpaid NarB: No request for an annual benefit aaaesaaent haa been lI&Cle for the ,ear 1956, and DO further anaual benefits will be levied after the year of 1957. Tbe prea:1ses in question .... been de- tach.d from aaid drainage district. 47-81-727 -3- (13) NOTE: Tbe title to the preals.s in questioD has DeeD resis- tere. UDder an Act concernins Land Titles, known as the Torrens Act. (Affects Parcel 2.) (14) .Natl; The title to the preaise. in que.tion, pursuant to tile proviaio.8 of the Tor.... Act, is subject to the issuance of a Torrens Title Certificate. In the event the preaise. ia question is to be either coavey" or eacwabered, or bot., the ......ary instruments should be left with us for fili.. with tile Beli8trar .f Title., toset.er with the Torrens Certificate. upon 111188 such ia$truaents application will be made for a new Torrens Certificate showl.. '* coDv.yance and or encumbrance. (Affects farcel 2.) (15) Teras, powers, provision$ and limitations of the trust under waich title to prea1ses in question is held. , (Affects Pu'cel 2.) (16) Ri&ht of any party interested by aotion, appeal, writ of error, bill of review, proceedings instituted under the SOldiers an. Sailors Civil Relief Act, or other direct procee4inas to have set aside, JIOClifi.. orraversed. , within the time allowed by law, the "cree eatereel in Case No. 54 C 3386 or the order coafiralq the ...le ha4l under said deeree, or to set aside said sale, within the time allowed by law. (Affects Parcel l~) (17) Restriction coatained in deed dated April 23, 1953 and recorded on llay 19,1953 as clOcUllent 15811461 from -;eu Trust Co.paay of Chicago as Trustee under Trust No. 1945 te Bar1 G. Iversen and Bertha B. Ivereea that the prea1ses1n questio.. shall not b$ sold to or purchase. by any person or per.ou other than those of t.e Caucaslaa Race. (Affects Parcell.) ~or further particulars... record.) (18) Ju....nts. lieas and otber matters invo1Yins ~r80118 whose n_. are .i.iiar to thoee ..ntioned hereafter. Such items ae affect the preal.es in question will be adeled whe.. the identity of said parties has been established by affidavit. (Chicago Title and Trust Coapuy Fora 70.) BdwiD lIeier George aeier Louis ..ter Rayao.4l .eler Barl G. Iversen 47-81-727 -4- (11) The 1epl _..l,ti08 ia Parcel Ho. 2 hu bee. ...... as hereiabef." 8Oted. (20) F01" the purpose of issuing our pollcy insuriDl the intwest of petitio_I" to be aeClu:1.red th:n\1tlh ceat.a..'U.o'l ,roo...i..., tbe followi.. parti..bould be .... defeD.daat.. thereto: (a) AD, peNon acquiriDl an latereat ia or Ilea UpeD p1"_'_ 11l ....t1oa .u.....t to the date of tlai. exaat.natioll, an' prior to coap1ete 118 ,....... (b) b., otker per... kaoft to the petitioa. or ita ait'Ol".." to have or oJala aD iatere.t in tile pr_l.... """p'. (0) OUr polle1 whe. i..u.ed will be ... subject to direct attack upon an, or_I' OJ" ju....nt ent__ 1n auch prOCMd.ias. (d) 8'1. ...""1.. co.tal." 1n tala repcwt ahall be couUued .. a ....1IJ'UOe of t)le power or rilht of peti tlODer to COIl.... the preal.... (e) HarEs ft. pl'OYl8ioaa of the 80141er8 aDd Sailors Civil Belief Act of 1.. .. _D4eCl should be CGIIPlled _th. (f) Earl G. l.er_ uel Bertha 1>. Iversen, hls wife, (a) Wil11... L. Meier u.d Louis .eler. Trust... uncleI' Trust ~Dt ateel J'aa\lU"1 5, 1953. (It) The Reclstrar of Titles of Cook Count.,. Illinois. lora: 't1pOa the fl11.. of the coapla1at. preper 118 peatleu _ aotlce should be :tiled in the off1ce of .... ReIS.atrar of Titles. (1) UaIuloIm.. On.ere t "e.erally. TUl;S PRlLI.I.ARY UPORT REFERS TO PROPERTY DlSCRIBED AS: Parcel No.1: Lot 1 18 Block" J..n J?roapect Park Subd1.1.iOll Ho. I of tbe ....t bait of tile Borth 60 rods of the SOuth ".st quarter of Section 12. 47-81...127 -5- Township 41 North, Range 11, Bast of the Third ~iDcipal Meridian; ALSO Parcel 2: Lot "A" in the resub4ivision of Lots 7,8,9. and 10 in Block 3 in Meiers A.dition to Mount Prospect in the North West quarter of Section 12, T01nlSbip 41 Nort1!l, RaDle 11, Bast of tae Third Principal Meridiaa(excpet that part of said lots taken for street) in Cook County, Illinols. CHICAGO TITLE AND TRUST COIIPANY Authorized Signatory Five pages 6/11/58