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HomeMy WebLinkAboutRes 13-13 07/16/2013 Transfer of Property from VOMP to Mount Prospect Park DistrictRESOLUTION NO. 13 -13 A RESOLUTION AUTHORIZING THE INTERGOVERNMENTAL TRANSFER OF PROPERTY FROM THE VILLAGE OF MOUNT PROSPECT TO THE MT. PROSPECT PARK DISTRICT WHEREAS, the Village of Mount Prospect (the "Village ") is a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970, and may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals and welfare; and WHEREAS, the Illinois Local Government Property Transfer Act, 50 ILCS 605/0.01 et seq. (the "Act "), authorizes the transfer of real estate owned by a municipality to a park district; and WHEREAS, the Village is the owner of the following described property: Lot B in DiMucci's Tamarack - Thornwood Park Subdivision, being a Subdivision of Lot 658 in Elk Ridge Villa Unit Number Seven, being a Subdivision of part of Lot 5 in Division of the Louis F. Busse Farm, being a Subdivision of part of the Northeast Quarter of Section 15, Township 41, Range 11, East of the Third Principal Meridian, in Cook County Illinois. 1100 S. Tamarack Drive, Mount Prospect, Illinois P.I.N.: 08 -15- 212 -012 (the "Property "); and WHEREAS, the Village became owner of the Property pursuant to a consent decree, Circuit Court of Cook County No. 69 L 2377, dated December 5, 1977 (the "Consent Decree "), a copy of which is attached hereto and incorporated herein as Exhibit A, which restricts the use of the Property; and WHEREAS, the Mt. Prospect Park District, an Illinois park district (the "Park District "), desires to utilize the Property for public purposes; and WHEREAS, the Property is no longer necessary or useful to the Village, which desires to transfer the Property to the Park District; and WHEREAS, the Village and Park District covenant to work cooperatively to resolve any future issue that may result from the Park District's use of the Property in regard to the restrictions in the Consent Decree. NOW THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Mount Prospect, Cook County, Illinois, pursuant to its home rule powers, as follows: SECTION 1: The preambles set forth above are incorporated herein and made a part hereof. SECTION 2: It is hereby determined that the public interest will be served by transferring the Property to the Park District, without cost or payment, subject to the conditions listed in Section 3 below. 299352_1 SECTION 3: Upon receipt of a certified copy of a duly executed Ordinance adopted by the Park District in accordance with the Act and authorizing its acceptance of right, title and interest in the Property, the Village shall transfer all of its right, title and interest in the Property to the Park District by quit claim deed, subject to the restrictions contained in the Consent Decree. The Park District shall record the executed deed in the Cook County Recorder's Office at its sole cost and expense. SECTION 4 : The Village President and Village Clerk are hereby authorized and directed to execute all appropriate documents and take such other action as is required to consummate the transfer of the Property by the Village. SECTION 5: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. PASSED and Approved this 16th day of July, 2013. AYES: Korn, Matuszak, Polit, Rogers, Zadel NAYS: None ABSENT: Hoefert Arlene A. Juracek Mayor ATTEST: fM.Lisa Angel , Village Clerk 299352_1 SEND FUTURE TAX BILLS TO: Village of Mount Prospect Park District Administrative Offices 1000 W. Central Road Mount Prospect, IL 60056 THIS DOCUMENT WAS PREPARED BV: Klein Thorpe & Jenkins, Ltd. 20 North Wacker Drive, Suite 1660 Chicago, IL 60606 Everette M. Hill, esquire THIS DEED IS EXEMPT FROM TAXATION UNDER THE PROVISIONS OF PARAGRAPH R SECTION 3131 = 45, OF THE ILLINOIS REAL ESTATE TRANSFER TAX ACT AND PARAGRAPH B OF SECTION 7 3 OF THE COOK COt1NTY TRANSFER TAX ORDIVANCE DATE GRANTOR: GRANTE OR REPRESENTATIVE QUIT CLAIM DEED Doc #: 1324819074 Fee: $80.00 RHSP Fee:$9.00 RPRF Fee: $1.00 Affidavit Fee: $2.00 Karen A.Yarbrough Cook County Recorder of Deeds Date: 09/06/2013 11:46 AM Pg: 1 of 22 THE GRANTOR, the Village of Mount Prospect, Cook County, Illinois, an Illinois municipal corporation (sometimes referred to as "Grantor" or "Grantor- Village "), with its principal office address at 50 S. Emerson Street, Mount Prospect, Illinois, 60056, for and in consideration of Ten Dollars and No /100ths ($10.00) and other good and valuable consideration in hand paid, and pursuant to authority given by the Corporate Authorities of the Village of Mount Prospect, by these presents does hereby REMISE, RELEASE, CONVEY AND QUIT CLAIM to Mount Prospect Park District( "Grantee "), as of the Transfer Date, all of its interest in the following described real estate (the "Subject Property "), situated in the Village of Mount Prospect, County of Cook, State of Illinois, more particularly described as follows, to -wit: LOT B IN DIMUCCI'S TAMARACK- THORNWOOD PARK SUBDIVISION, BEING A SUBDIVIDION OF LOT 658 IN ELK RIDGE VILLA UNIT NUMBER SEVEN, BEING A SUBDIVISION OF PART OF LOT 5 IN DIVISION OF THE LOUIS F. BUSSE FARM, BEING A SUBDIVISION OF PART OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 41, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. Address of Real Estate: l 100 S. Tamarack Drive, Mount Prospect, Illinois 60056 Property Identification No: 08 -15 -212 -012 -0000 The conveyance is made subject to the following covenants, representations and restrictions: The terms and conditions of the Consent Decree dated the 5 of December, 1977, entered in the Circuit Court of Cook County, Illinois, in the case entitled Pioneer Trust & Savings Bank, as Trustee under Trust No. 16470, v. Village of Mount Prospect, No. 69 L 2377. fill ll VILLAGE OF MOUNT PROSPECT !ii REq � r � r � k LU �X +i 302710_111 HHIJU NI 39091 IN WITNESS WHEREOF, said Grantor has cau,�Pd this Quit Claim Deed to be executed by its Village president Arlene Juracek as of th day o v t , 2013 (the '`Transfer Date "). VILLAGE OF MOUNT PROSPECT, an Illinois municipal corporation By: Name: Arlene Juracek Title: Village President ATTEST: B• Name: tsa Angell Title: Village Clerk ACKNOWLEDGMENT STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) 1, the undersigned, a Notary Public for said County and State, DO HEREBY CERTIFY, that Arlene Juracek and Lisa Angell are personally known to me to be the President and Clerk of the Village of Mount Prospect respectively, an Illinois municipal corporation, and are personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such Village President and Village Clerk, they signed and delivered the said instrument pursuant to the authority given by the Village of Mount Prospect Board of Trustees, and as their free and voluntary act, and as the free and voluntary act and deed of the Village, for the uses and purposes therein set forth, and that the Village Clerk, as custodian of the corporate seal of the Village, has caused the seal to be affixed thereto. Given under my hand and official seal, thi�� day o , 2013 Notary Public My commission expires: CAPAL NOUWV PUNA grAlM OF 11JNN My C mt � 7l1W�Did 3027101 STATEMENT BY GRANTOR AND GRANTEE The Grantor or its agent affirms that, to the best of its knowledge, the name of the Grantee shown on the deed or assignment of beneficial interest in a land trust is either a natural person, an Illinois corporation or foreign corporation authorized to do business or acquire and hold title to real estate in Illinois, a partnership authorized to do business or acquire and hold title to real estate in Illinois, or other entity recognized as a person and authorized to do business or acquire title to real estate under the laws of the State of Illinois. Village of Mount Prospect, an Illinois municipal corporation BY: Name: Arlene Juracek Title: Village President ATTES B. Name: isa Ange 1 Title: Village Clerk SUBSCRIBED AND SWORN TO BEFORE ME thi day of 2013. VFt CIALSE "01MRMAWATEOPUMM Notary Public: � tyyC°�0"�rsaT►tyJ'2ota The Grantee or their agent affirms and verifies that the name of the Grantee shown on the deed or assignment of beneficial interest in a land trust is either a natural person, an Illinois corporation or foreign corporation authorized to do business or acquire and hold title to real estate in Illinois, a partnership authorized to do business or acquire and hold title to real estate in Illinois, or other entity recognized as a person and authorized to do business or acquire and hold title to real estate under the laws of the State of Illinois. r C �j Mo spect dark 's " t Dated I U /" , 2013 B Title: M e" AND WORN TO BEFORE ME y of f u — , 2013. OFFICIAL SEAL MARIA GOMEZ NOTARY PUBLIC - STATE OF ILLINOIS ': MY COMMISSION EXPIRE&O11MI T Nntary pnhlir Note: Any person who knowingly submits a false statement concerning the identity of a grantee shall be guilty of a Class C misdemeanor for the first offense and of a Class A misdemeanor for subsequent offenses. 302710_1 MAYOR Irvana K Wilks TRUSTEES Paul Wm. HoefErt Arlene A jm=ek A_ johaKom john Matuszak Steven S. Polit Mchael A Zadel VILLAGE MANAGER Webael E_ janonis VILLAGE CLERK l4L Lisa Angell Phone: 847/392 -6000 Faac 847/392 -M TDD_ 847/392 -6064 WWW-Mg MtprWe — f± org Village of Mount Prospect 50 South Emerson Street, Mount Prospect, Minois 60056 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) I, M. Lisa Angell, do hereby certify that I am the duly appointed Village Clerk of the Village of Mount Prospect and as such, am keeper of the records and files of said Village. ■ I do further certify that attached hereto is a true and correct copy of Resolution No. 13 -13, "A RESOLUTION AUTHORIZING THE INTERGOVERNMENTAL TRANSFER OF PROPERTY FROM THE VILLAGE OF MOUNT PROSPECT TO THE MT. PROSPECT PARK DISTRICT passed at the regular meeting of the President and Village Board of Trustees held July 16, 2013 at which time the Village Board voted as follows: AYES: Korn, Matuszak, Polit, Rogers, Zadel NAYS: None ABSENT: Hoefert all as appears in the official records and files of the Village of Mount Prospect. Dated this 30 day of July, 2013. ( M. Lisa Angell Village Clerk Village of Mount Prospect Cook County, Illinois (Seal) RESOLUTION NO. 13 -13 A RESOLUTION AUTHORIZING THE INTERGOVERNMENTAL TRANSFER OF PROPERTY FROM THE VILLAGE OF MOUNT PROSPECT TO THE MT. PROSPECT PARK DISTRICT WHEREAS, the Village of Mount Prospect (the "Village ") is a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970, and may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals and welfare; and WHEREAS, the Illinois Local Government Property Transfer Act, 50 ILCS 605/0.01 et seq. (the "Act "), authorizes the transfer of real estate owned by a municipality to a park district; and WHEREAS, the Village is the owner of the following described property: Lot B in DiMucci's Tamarack - Thornwood Park Subdivision, being a Subdivision of Lot 658 in Elk Ridge Villa Unit Number Seven, being a Subdivision of part of Lot 5 in Division of the Louis F. Busse Farm, being a Subdivision of part of the Northeast Quarter of Section 15, Township 41, Range 11, East of the Third Principal Meridian, in Cook County Illinois. 1100 S. Tamarack Drive, Mount Prospect, Illinois P.I.N. 08 -15- 212 -012 (the "Property "); and WHEREAS, the Village became owner of the Property pursuant to a consent decree, Circuit Court of Cook County No. 69 L 2377, dated December 5, 1977 (the "Consent Decree "), a copy of which is attached hereto and incorporated herein as Exhibit A, which restricts the use of the Property; and WHEREAS, the Mt. Prospect Park District, an Illinois park district (the "Park District "), desires to utilize the Property for public purposes; and WHEREAS, the Property is no longer necessary or useful to the Village, which desires to transfer the Property to the Park District; and WHEREAS, the Village and Park District covenant to work cooperatively to resolve any future issue that may result from the Park District's use of the Property in regard to the restrictions in the Consent Decree. NOW THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Mount Prospect, Cook County, Illinois, pursuant to its home rule powers, as follows: SECTION 1: The preambles set forth above are incorporated herein and made a part hereof. SECTION 2: It is hereby determined that the public interest will be served by transferring the Property to the Park District, without cost or payment, subject to the conditions listed in Section 3 below. 299352_1 SECTION 3: Upon receipt of a certified copy of a duly executed Ordinance adopted by the Park District in accordance with the Act and authorizing its acceptance of right, title and interest in the Property, the Village shall transfer all of its right, title and interest in the Property to the Park District by quit claim deed, subject to the restrictions contained in the Consent Decree. The Park District shall record the executed deed in the Cook County Recorder's Office at its sole cost and expense. SECTION 4 : The Village President and Village Clerk are hereby authorized and directed to execute all appropriate documents and take such other action as is required to consummate the transfer of the Property by the Village. SECTION 5: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. PASSED and Approved this 16th day of July, 2013. AYES: Korn, Matuszak, Polit, Rogers, Zadel NAYS: None ABSENT: Hoefert Arlene A. Juracek Mayor ATTEST: M. Lisa Angell, Village Clerk 299352_1 Exhibit A CONSENT DECREE 299352_1 STATE Or ILL OIS % !COUNTY OF COOK ) i IN TIE �i iV�ii �Ri C�a1Viz: Oa C �: �(1 iR, Mwu'I{3 <S. ! CCUU-NI TTY DEPAIRThIENT - LAW DI ?SIOItii i PIONTEER TRUST &SAVINGS BANK, ) i as Trustee under Trust No. 16470, ) Plaintiff, ) j f vs. ) No, 69 L 2377 VILLAGE OF MOUNT PROSPECT, ) a Municipal Corporation ) Defendant. ) CONSENT DECREE i This matter having come on for trial on Plaintiffs Complaint for Declaratory- Judgment, on Defendant's Answer to said Complaint, and Plaintiff having rested its case; said parties having reported to the Court that. they have settled, compromised, I adjusted, and adjourned all matters and issues between them pertaining to the above er_titled cause; and the parties having further reported to the Court that they have �agreed to and consent to be bound by the terms of the agreement hereinafter set fort? i and the Court being fully advised in the premises: -NOW, THEREFORE, UPON THE AGREEMENT OF THE PARTIES HERETO, the Court finds as follows: 1. That the Court has jurisdiction of the subject matter of this action and I lof the pasties thereto, and has jurisdiction and authority to enter this Consent Deere f i 2. That the Plaintiff is an Illinois corporation with offices in the. City of r �i Chicago, County of Cook, State of Minois. and is a party to this action, not indivi- dually, but as Trustee under Trust Agreement dated July 26, 1968, and known as Trust No. 16470. 3. That the Defendant is a municipal corporation in the. County of Cook, of Mhois . 4. That this Consent Decree shall apply to and affect only the parties: hereto and their successor(s) in interest and the tract of land which is the subject matter the above captioned suit. which land is hereinafter referred to as "the Subject Pro- petty" and is more specifically described as: Lot 658 in Elk Ridge VillaW Unit No. Seven, being a Sub- division of part of Lot 5 in Division of the Louis F. Busse Farm, being.a Subdivision of part of the Northeast Quarter (1) of Section 16, Township 41 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois.. .5. That, for the purpose of this Consent Decree, the term "Owner" means the Plaintiff as Trustee, and the beneficiaries of PIONEER TRUST AND SAVINGS BANK, as Trustee under Trust Agreement dated July 26, 1968, and known as Trust No. 16474 -- both the Trustee and. beneficiaries being the only parties hav- ing any legal or beneficial title in the Subject Property; and the term "Villagers shall be understood to mean the Defendant, VILLAGE OF MOUNT PROSPECT, a mu cipal corporation of Cook County, Illinois. G., That the Subject Property will be subdivided pursuant to the Plat of Subdivision, a copy of which is attached hereto and hereby made a part hereof as I Exhibit A (Plat of Subdivision) . A. That the Subject Property shall be resubdivided into two (2) lots, Lot A and Lot B, as reflected upon said Exhibit A (Plat of Subdivision) , which Plat of Subdivision does comply with all applicable ordinances of the Village of Mount Prospect, shall be approved by the President and Board of Trustees of the Village of Mount Prospect, and shall be recorded at the Ownees sole expense with the Registrar of Titles, Cook County, Illinois. B. That, prior to the recording of the said Exhibit A (Plat of Sub- division) . the Owner will furnish the Village with public improvement instal- lation, guarantees in the amount of TWELVE THOUSAND FIVE HUNDRED SEVEN- TEEN AND SEVENTY -- FIVE /HUNDREDTHS DOLLARS ($12,517.75) and in the form attached hereto and hereby made a part hereof as Exhibit B (Sub- division Bond). -2- C. That the Owner will construct and install sufficient public im- provements, on -site and off -site, -- pursuant to the engineering plans attached hereto and hereby made a part hereof as Exhibit C (Engineering Plan) . 7. That simultaneously frith. the execution of this Consent Decree by the Village 1 the Village shall approve the planned' u -nit development to be located on Lot A of the Subject Property, which,Lot A is shown on Exhibit A (Plat of Subdivision) hereto. A. That the Owner shall cause the said Lot A of the Subject Property to be improved with the land uses and standards substantially as shown on the site plan, attached hereto and hereby made a part hereof as Exhibit D (Site Plan). B. That any directory or guide signs proposed for the east driveway on Grove Drive and the driveway on Tamarack Drive shall be installed at least two (2) feet behind the property line, with a gap of at least two (2) feet between the bottom of any such sign and the roadway and an overall height not in ex- cess of six (6) feet above grade. C. That within five (5) days after the recording of Exhibit A (Plat of Subdivision) , the Village -- upon receipt from the Owner of the permit and inspection fees on a per building basis pursuant to the Schedule thereof attached hereto and hereby made a part hereof as Exhibit E (Fee Schedule) -- shall issue building permits for the construction of the planned unit develop- ment in conformity with the architectural and structural drawings attached hereto as Exhibit F (Building Plans) , prepared by Stanley F. May, dated August 1, 1977, and numbered 1 through 13, 13A, 14, 15, S -1 through S -5, P -1, H -1, H -2, and GA -1, inclusive, heretofore approved by the Village administration; and that said permit and inspection fees shall constitute the total fees required by the Village for the said construction and such amounts shall remain in full force and effect and shall not be increased for a period of two and one -half (21) years from the date of this Consent Decree. -3- S. That, at the time of the entry of thiss Consent Decree, the Owner shall convey or cause to be conveyed to the Village, and the Village will accept the owner- ship of, title to the real estate shown upon Exhibit A (Plat of Subdivision) as Lot B. A. That such conveyance to the Village shall be by recordable Trustee's Deed im the form thereof attached hereto and hereby made a part hereof as Exhibit G (Deed); which deed and this Consent Decree shall be registered with the Registrar of Titles of Cook County, Illinois, at the sole expense of the Village. The Village further agrees to pay for its own Certifi- cate of Title. B. That at the time of conveyance of such real estate (hereinafter referred to as "Lot 13 the Owner shall cause to be delivered to the Village a Torrens Certificate of Title by ordering same from the Registrar of Titles of Cook County, Illinois, which Certificate shall show title in the name of the Village, subject only to: 1) The .general exceptions of record; 2) General real estate taxes for 1977 and subsequent years; and 3) Any such restrictions and conditions as may be created by the terms of this Consent Decree. C. That general real estate taxes, if any, and other similar items shall be adjusted ratably as of the time of conveyance. D. That prior to conveying the said Lot B to the Village, the Owner shalt cause the real estate comprising the said Lot B to be cleared of all debris and leveled at rough. grade . E. That the Village, after subparagraphs A through D hereinabove have been accomplished, shall proceed to landscape said Lot B substantially as shown upon the landscape plan attached hereto and hereby made a part hereof as Exhibit H (Landscape Plan) , which landscaping shall be completed by the Village not later than November 1, 1979. -4- 1) That the Village shall maintain the said Lot B as a land- scaped park without structures or recreational equipment substantially in accordance with Exhibit H hereto (Landscape Plan) . 2) That the parties' hereto agree that a.permanent injunction be entered restraining the Village from utilizing the said site for any purpose other than as a landscaped open space area as depicted in said Exhibit H hereto (Landscape Plan) , and directing the Village to main- tain said site at its sole expense. a. That in the event of default by the Village, the Village shall have ninety (90) days after receipt of written notice of such default to cure such default. b. That if the Village does not rectify the default within said ninety (90) day period, then the Owner may seek with this Consent Decree. 9. That no development or construction work shall take place on the said Lot A shown on the said Exhibit A (Plat of Subdivision) until the dedications and conveyances required by Paragraph No. 8 hereto have been made. 10. That the Owner shall have the right to construct a permanent illuminated sign upon the south side of the south line of Golf Road (Illinois Route 58) right- of -way, at the location shown and pursuant to the sign plan attached hereto and made a part hereof as Exhibit J (Sign Plan) . 11. That the parties hereto agree that all provisions, conditions, and regula- set forth in this Consent. Decree and the Exhibits to which it refers, shall all Village ordinances, codes, and regulations that are in conflict with as they may apply to the Subject Property. 12. That this Consent Decree shall be binding upon the parties hereto and their assignees and successors in interest. , THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS: - 5= (1) That the agreements by and between the Plaintiff, PIONEER TRUS ADD SAVINGS BANK, as Trustee under Trust Agreement dated July 26, 1968, and known as Trust No. 16470 as well as the beneficiaries thereof, and.the Defen- dant, VILLAGE OF MOUNT PROSPECT, set forth hereinabove be, and they are hereby approved. (2) - That no appeals shall be taken from. this Consent Decree by any of the parties to this cause. (3) That none of the parties to this proceeding shall recover of and from any other party . any costs which such party may have sustained in connection with this cause, but all such costs, having been paid, shall remain with and be taxed to the parties who shall heretofore have incurred such costs. (4) That this Court reserves and retains jurisdiction of the above entitled action for the purpose of permitting the parties to this Consent Decree to apply to this Court at any future time for such further orders and directions as may be necessary for the construction, implementation, or enforcement of this Consent Decree. Dated this _� + day of, ` , 1977. JUDGE Consented to: Consented to: Pioneer Tru & Savings Bank, as Village of Mount Prospect, a municipal Trustee . er Trust 16 co oration By: RU Carbly H. Krause - Mayor 10ER Ito a Di Mucca, J J ermann - Village Attorney. . R di 'Keefe, Babcock & Parsons M :ci arl�nith - f Counsel Robe Di Mucci ,,�- -- - - - -- JUM ARTHUR L. DUNNE Martin Tuchow - Attorney for Plaintiff DEC 5 1977 Mio &m ol d {arzov - for Plaintiff CIRCUIT COUNT -6- CONSENT'DECREE SCHEDULE OF EXHIBITS Exhibit A Exhibit B Exhibit C .Exhibit D Exhibit E . Exhibit F Exhibit G Exhibit H Exhibit J Subdivision Plat Subdivision Bond Engineering Plan Site Plan Fee schedule Building Plans Deed Landscape Plan Sign Plan CA F 54F =.G :r: S:.Rq...CE C-S4:P;.':Y Cr _'yICA {{{ C_':EPt -L Cf,%'P %Y CF (..ERICA t: - tiC' - n::Y OF A`.: -vECp' i - :Fica?_.>ZA f it E. _F•.In.i:C•V ?E:35 _ /�• { BON 01 7I iL�LJ • f 7- jND KtiCW ALL "' ;l dy [r "RES'ENT Dl lluC I - T _ S, That w e ci % ..o<•a �:3x de Inc. i 235 t;2st Hardee RcGd f of Palatine Illinois as and SAFECO INSl.1 MME CO TANY OF-Al-'ERICA, a Washington corporation, havin its principal office and place of business in ti:e City of Seattle,_ ;•Tashingtpn, as Surety 'are held and f fir-mly bound unto the Village of mount Prospect, Illinois in the sum of ' -- T•aelve thausard f:.-,e Itueidre s6venteea and 7511 00---- - -- --------- = - ------------- - - - - -- ---- - - - - -- ---- - - - - -- 7. ?5------ - ------ -- -? DOLLARS, for `.rI i.ch ^.cent well >3 tr;tl to a e , -ve b 1 : Uu:sel`.• - .PS, our heirs, executors, administrators, - successors, nd. assi-lts,. jointly Slid _eY erally, f_r:aly by these preseats. SEALED with our Seals :; dated !:Ms lst r r ; — - - -- — day O,. O ober A.D. 19 77 - • - - - - -- i the above bounden Principal has been or is about t.0 be granted approval for a ! Plat of subdivision '.ortolan as # 7.i 'l:lcci's Tamarack,, Thorawood Park Subdivision located 1 Mou Prospect, Illinois described as !3nid approval being conditioned upon the installation of aver ._zirs, .storms and — sani.tary s*:a that are to be mine by the Villa of' 1'cu t f_ospect, Illinois { After cons truct - I on - - t in said subdivision, in accordance with pl ans and specifications prepared _ Fletcher rnc> neerilig Co., 450 Lee St., De Plaines, Illinois ' _ Dr a :aa «s Narl3e 74 -36 dated 1 -_0 -75 kaO�zt as 5 t, e Ta .'s art-ant s a 5 es. - _. i T':zH REFORE TIDE CONMITION OF TRIS 03LICATIONT IS such, that if the above bou::den Princina_1 .� - .,.' -ll *d truly and in good, sufficient and :aor r•.aatlz e ... rr performs or ca .se to be -med the insLaliaticn of said _: proVGi'e _ts, thCn this Ui7 ?i� t0 be �Ui.d,Athar:;iS2 { `o' r'= - .'•ai r_ in fall force and effect: I It is understood that this o.bli ation is to g Di .loci P:a �der Inc. ae 3ui t remain in full force and affect for a eriOd Pri,ic i,ai � of t:ao years after said is-prcv4„ +;ts �,• are co- plEted by the Principal and accepted by the ?card of Trustees of the Villa Se Of :fount Prospect, Illimosi for the pui=ose of a guaranteeing, against defects . in worle:_ansi:ip end m/ ' ateri.:is as ell as r" ta_ning Said L `Prow S ? S _,C ILS_1 RR ,tiGE CO "P� \Y QF '� F FICA r- e:::t::ts durin such eriod. — ? := acy tJF t i L 4`i33 ` ,.\l_L tit EN i;Y "flit{SL i'RESENTS: fhat S : :feeo lasurance Company of Amcrica :¢ud Ge: ... .. ........cc G: ::y of Am rica, ^th a 1','asl :i : :y :i•n i'a tT•Jtai i0 , cs e :!ch hereby 3 . ---- ----------- ------ -- ----- - - - - -- NANCY L. S::AS ----- ----------- - -- - - - - -- t ::e : :n(l ! r. :ful :atorrcy(s }a :z -fac ;, with '111H suthorily to ezccutc oil iti baleen` tiy' 'iw ::iul surety bonds or un(l 1 11:. era l`u�ca; of a s: :nilar character issue(: i:r the Ca. isc of its b: :1css, d to l;ii:d t'1r res, (alive 62mir ny Z! . f\ i;IfNrSS WHEREOF, Safeco l:stirsnee Company of America Lnd Cd =:eral Insurance Ca: piny of America I :ave each executed and attested these presents Iris 3th (?::y of August 19 .74 ' : <ar AC4C✓rM Y_C- :L,gEL..Cwi �J�' CERTIFICATE Extract from Article VI, Secti;m 12, of tile'By o; SAY)ECO F ::scrar.ce Company of America ACIC:\'OWLcJG.` IiNT BY SM TY STATE OF Yi. ? o s i — ss County of On this 1st day of Oc`ob`t 1977 before ire personally r rl Faey was _� paared - ; known to me to be the Attorney -in -Fact of S:ik !:CO INSURANCE CC >ii'A.�Y OF ANiLRICA, GENERAL l\SU \CE COUP?. \Y OF AMERICA or FIRST i NAT! INSURANCE COMPANY OF ANtERICA, the corporation that executed the within InstrunYent, and ackao:vl- ed;;. to me that such corporation exea:ted the same_ I\ WITNIESS WHIMEOF, I have hereunto set my hand and affixed my Offi cial seat, at my of 2ce ip the aforesaid Cocnty, the d and year in tl :is certifieate first above written, .Notary Public in the State of 41 (Seal) County Of Sri g :r7hw ?"I r_. _ 7.3Q R3 io /72 F3(Nr'c0 C. u1 S.A. this day day of October -- i4.77T• CGS ?p 4 F - 19 TE SEAL — x S J m C.na cFtSIa,SLPZaAV ti W x _ Sr�T`rOFgc351`V~O� off /C j�Zltt :S�`c CASH ESCROW MUST BE SUBMITTED FOR: 17 trees @ $85.00 each $ 1,445.00 2 street signs @ $55.00 each 110.00 148 ft - TV sewer inspection @.$1.00 /ft. 148.00 16 lots @ $ 25.00 per lot.for non- assessed property water • 400.00 2% if public improvement costs less than$50,000.00 1.5% if greater for plan review 688.00 15 hrs @ $15.00/hr for public improvement inspection fee 225.00 $ 3,016.00 Grand Total $48,718.00 These figures do not include Bonds. and Deposits for.Public Improvements. Permit Fees . Based on information available July 19, 1977: FEES - .23 UNI' •BUILDING Building $ 895.00 Electrical - 187 circuits - 23 meters - 600 amp. 757.00 Plumbing fixture fee 460.00 6" water tap 1,500.00 Sewer connection fee 3,450.00 Air conditioning 73.00 Water meter 2" 754.00 Water. tap @ 1:50 /d.u. 3,450.00 Gas_ Piping. 135.00 Certificate of Occupancy @ $5d.u. 115.00 .Plan examining fee 219.00 Water use 230.00 Chlorination 40.00 Q .Total ..$:12,078.00 . FEES - 35 UNIT BUILDING Building $ 1,258.00 Electrical - 275 circuits - - 35< meters - 800 amp 1,082.00' Plumbing Fixture fee 676.00 .6° water tap 1,500.00 - Sewer connection fee 5,250.00 Air conditioning 85 -00 Water meter 2" 754.00 Water tap @ 155 /d.u. 5,250.00 Gas piping 155.00 Certificate of Occupancy @ $5 /d.u. 175.00 Plan examining fee 238.00 Water use -350 -00 Chlorination. 40.00 Total - $16,812.00 2 - 35 UNIT $33,624.00 l .- 23 . UNIT. BUILDING $12,078.00 Total $45,702.00 CASH ESCROW MUST BE SUBMITTED FOR: 17 trees @ $85.00 each $ 1,445.00 2 street signs @ $55.00 each 110.00 148 ft - TV sewer inspection @.$1.00 /ft. 148.00 16 lots @ $ 25.00 per lot.for non- assessed property water • 400.00 2% if public improvement costs less than$50,000.00 1.5% if greater for plan review 688.00 15 hrs @ $15.00/hr for public improvement inspection fee 225.00 $ 3,016.00 Grand Total $48,718.00 These figures do not include Bonds. and Deposits for.Public Improvements. THIS INCTRLIIF WAS PREPARED BY , 9raold J. Karzov, 30 N. LaSalle St., Chicago, Ill. 60602 PIONEER BANK & TRUST WM AiINY 4000 W. (NORTH AVENUE — CHICAGO, ILLINOIS . THE GRANTOR, PIONEER BANK & TRUST COMPANY, a corporation of Illinois, as Trustee under the provisions of a deed or deeds in trust, duly recorded and delivered to said corporation in pursuance of a trust agreement dated the ? 6th day of July 1968 , and known as Trust Number 16470 ; for the consideration of :en anti no / I OthS - -- -- dollars,and other good and valuable considerations in hand paid, conveys and quit claims to VILLAGE OF MOUNT PROSPECT, a municipal corporation, _ party of the second part, whose address is .100 SouthEmerson, Mount Prospect, Illinois, the following described real estate situated in Cook County. Illinois, to wit: Lot Bin DiMuccits.Tamarack- Thornwood Park Subdivision, being a Subdivision of Lot 658 in Elk Ridge Villa Unit Number Seven,: being a Subdivision of part of Lot' 5 in Division of the Louis V.. Busse.,. Farm, being a Subdivision of part.of the Northeast. Quarter of Section . 15, Township 4'1, Range 11, East of the Third Principal Meridian, in Cook County, Illinois. Subject to: a) Covenants, conditions, :restrictions, and easements of record, if any; b) general real estate taxes for the year 1977 and ubsequent years; and c) the terms and conditions of the Consent Decree. dated 1977, entered in the Circuit Court of Cook County, Illinois, in the case entitled Pioneer Trust & Savings Bank, as Trustee under Trust No. 16470 v. Village of Mount Prospect No. 69.L 2377. Together with the tenements and appurtences thereunto belonging. To have and to hold unto said party of the second part said premises forever. This deed is executed pursuant to and in the exercise of the power and authority granted to and vested in said trustee by the terms of said deed or deeds in trust delivered to said trustee in pursuance of the trust agreement above mentioned. This daed is made subject to the lien of every trust deed or morgage (if any there be) of record in said county given to secure the payment of money, and remaining unreleased at the date of the delivery hereof. . Iii WITNESS WHEREOF, said Grantor has caused its corporate seal to be hereto affixed. and. has caused its name to be signed to these presents by its vice president and attested by its assistant secretary this day of 'PIONEER BANrK & TRUST CONIPA \'Y as trustee as aforesaid. U BY ;� �nG ' : ...,� • Vice President 4 yi • ��= ATTEST Assistant Secretary STATE OF ILLI OIS 1, the undmNigned. a Notary Public in and for the County and State utbres id. Oo HLREBY SS. CERTIFY that the above named Vice President and Assistant c tant Secretary of the PIONEER BANK COUNTY OF COOK TRUST COMPANY. Grantor. personally known to me to be the same person whose namyti are ub- scribed to the foregoing im trumcnt as such Vice .President and AaNistxnl Secretary rn: pvctiveis _ appeared before me this day in person and acknowledged that they signed and dclivand "thc .aid instrument as their own free and voluntary act and us the face and votuntary act of said Cort+ora: ion for the uses and purposes thctein act forth: and the said A,.istant Secretary thcnand there ackro— o led_ed that said Assistant Su retary. as custodian of the corporate scal'of said Corporation, cau.cd the corporate seal of said Corporation to be affixed to said instrumcnt as yid Assistant Secretary' own free and voluntary act and as the ftao and 'voluntary act of said Corporation for thc. dna and• 3 purposes therein set forth. Z v D , Given under my hand and \oturial Seal this duy of . 19 Notary Public '.SAME FOR tr4FORmATION ONLY - tNSERT STREET ADOMMS G;r.ABD`iE . D STREETD'c5CRi6ED niiOPERTV L °RE L C1TV - .. t , V "_' OR 1 ' INSTRUCTIONS 1 — R . Y R_CORfJE R'S OFF—CF— 80XN FO.M 'Re-,. 222 ORDINANCE NO. 682 MT. PROSPECT PARK DISTRICT AN ORDINANCE DECLARING IT NECESSARY OR CONVENIENT FOR THE MT. PROSPECT PARK DISTRICT TO USE, OCCUPY OR IMPROVE CERTAIN REAL ESTATE LOCATED ON TAMARACK DRIVE, IN MT. PROSPECT, ILLINOIS, FOR PARK AND RECREATIONAL PURPOSES WHEREAS, the Mt. Prospect Park District ( "Park District ") is a municipal corporation and body politic, organized and operating pursuant to the provisions of the Illinois Park District Code (70 ILCS 1205/1 -1 et seq.) and all laws amendatory thereof and supplementary thereto, including the Local Government Property Transfer Act (50 ILCS 605/ 1 et seq.) ( " Act "); and WHEREAS, the territory of the Park District is located partly within and partly without the corporate limits of the Village of Mt. Prospect, Illinois; and WHEREAS, the Village of Mt. Prospect ( "Village ") is a home rule municipality; and WHEREAS, the Park District and the Village are each a "municipality" as defined in the Act and have overlapping boundaries with each other; and WHEREAS, the Village owns and holds a certain parcel of real estate (the "Real Estate ") commonly known as 1100 S. Tamarack Drive, Mt. Prospect, Illinois, and legally described as follows: Lot B in Di Mucci's Tamarack - Thornwood Park subdivision, being a subdivision of Lot 658 in Elk Ridge Villa Unit Number Seven, being a subdivision of part of Lot 5 in Division of the Louis F. Busse Farm, being a subdivision of part of the Northeast Quarter of Section 15, Township 41, Range 11, East of the Third Principal Meridian, in Cook County, Illinois. P.I.N. 08 -15- 212 -012; and 1 WHEREAS, the Real Estate is subject to the terms and conditions of the Consent Decree dated the 5 th of December, 1977, entered in the Circuit Court of Cook County, Illinois, in the case entitled Pioneer Trust & Savings Bank, as Trustee under Trust No. 16470 v. Village of Mt. Prospect, No. 69 L 2377, a copy of which (without certain exhibits thereto not here relevant) is attached hereto as Exhibit A (the "Consent Decree "); and WHEREAS, the Village wishes to transfer all of its right, title and interest in the Real Estate to the Park District by Quit Claim Deed and to covenant with the Park District as grantee to work cooperatively with the grantee to resolve any future use issue that may result from the Park District's use of the Real Estate arising out of or in connection with the restrictions in the Consent Decree; and WHEREAS, the Park District is willing to accept a conveyance of the Real Estate from the Village by Quit Claim Deed and to record the executed deed in the office of the Recorder of Deeds of Cook County, Illinois, at the Park District's sole cost and expense. NOW, THEREFORE, BE IT ORDAINED by the Board of Park Commissioners of the Mt. Prospect Park District, as follows: 1. That the recitals set forth hereinabove are true and correct and are incorporated into the text of this Ordinance to the same extent as if each of such recitals had been set forth here in its entirety. 2. That it is necessary or convenient for the Park District to use, occupy or improve the Real Estate for park and recreational purposes. 3. That the Park District shall forthwith accept a conveyance of the Real Estate on the above and foregoing terms, provided the Village has adopted the necessary authorizing Resolution as contemplated by the Act. 4. That the officers of the Park District be and are hereby directed to take such steps and execute such documents as shall be necessary or advisable to accomplish the intent of this Ordinance. 5. That any ordinance, resolution, rule, regulation or policy of the Park District in conflict or inconsistent herewith is hereby expressly repealed to the extent of such conflict or inconsistency. 6. That this Ordinance shall be in full force and effect from and after its adoption. 2 ADOPTED this 26th day of June, 2013. VOTE: AYES: -. NAYS: ABSENT: -- ,secretary Board of ark Commissioners Mt. Prospect Park District 3 President Board of Park Commissioners Mt. Prospect Park District STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) I, BILL STARR, DO HEREBY CERTIFY that I am the duly appointed, qualified and acting Secretary of the Mt. Prospect Park District and of the Board of Park Commissioners of the Mt. Prospect Park District; and that I have access to the official minutes of the meetings of the Board of Park Commissioners and of the Mt. Prospect Park District. I DO FURTHER CERTIFY that the above and foregoing is a true and correct copy (duplicate) of a certain ordinance entitled: ORDINANCE NO. 682 MT. PROSPECT PARK DISTRICT AN ORDINANCE DECLARING IT NECESSARY OR CONVENIENT FOR THE MT. PROSPECT PARK DISTRICT TO USE, OCCUPY OR IMPROVE CERTAIN REAL ESTATE LOCATED ON TAMARACK DRIVE, IN MT. PROSPECT, ILLINOIS, FOR PARK AND RECREATIONAL PURPOSES that the foregoing was passed by the Board of Park Commissioners of said Mt. Prospect Park District on the 26th day of June, 2013, and was on the same day approved by the Secretary of the Mt. Prospect Park District; that it was filed and recorded in the office of the Secretary of the Mt. Prospect Park District of which the foregoing is a true copy (duplicate) is now on file in the office of such Secretary. GIVEN under my hand and seal of the Mt. Prospect Park District this 26th day of June, 2013. (SEAL) M