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Home My WebLink AboutRESOLUTION - 5-97 - 1/28/1997 - CONVEYANCE OF PROPERTY RESOLUTION NO. 5-97 A RESOLUTION AUTHORIZING AND DIRECTING THE CONVEYANCE OF CERTAIN PROPERTY LOCATED IN ELK GROVE VILLAGE TO ELK GROVE PARK DISTRICT WHEREAS, the Village of Elk Grove Village and the President and Board of Trustees thereof, and the Elk Grove Park District are municipalities as defined as "An Act in relation to the transfer of interests in real estate by units of local government or school districts, approved July 2, 1925" (Chapter 50, Section 605/1 of the Illinois Compiled Statutes, 1994) ; and WHEREAS, the territory of said municipalities is wholly within, co-extensive with or partly within and partly without the corporate limits of the other; and WHEREAS, transfers of interests in real estate are authorized by said Act between municipalities upon such terms as may be agreed upon; and WHEREAS, Elk Grove Park District has found and determined that it is necessary and convenient for it to use, occupy and/or improve the parcel of real estate described in Section 2 hereof for Park District purposes by Ordinance No. 192 , a copy of which is attached hereto and made a part hereof as Exhibit "A"; and WHEREAS, it is the desire of the President and Board of Trustees of the Village of Elk Grove Village to convey said property to the Elk Grove Park District as long as the properties are to be used as a park for the benefit of the public, and as long as title to the property is not conveyed by the Park District. NOW, THEREFORE, IT IS HEREBY RESOLVED, by the President and Board of Trustees of the Village of Elk Grove Village, Cook and DuPage Counties, State of Illinois, as follows: Section 1: That the real estate described in Section 2 hereof is no longer necessary, suitable or convenient for village purposes. Section 2: That the following described parcel of real estate be conveyed by Quit Claim Deed to Elk Grove Park District, subject to the conditions and covenants set out in Section 3 and subject to covenants, conditions, limitations and restrictions of record, private and public easements, drainage ditches, titles, lateral feeders: Lot G in Huntington Chase phase One, Being a subdivision of part of Section 31, Township 41 North, Range 11, East of the Third Principal Meridian according to the plat thereof recorded June 5, 1995, as Document Number 95363869, in Cook County, Illinois. Section 3 : That the Village President and Village Clerk be and are hereby authorized to execute a Quit Claim Deed, a copy of which is attached hereto as Exhibit "B", thereby conveying the real estate legally described in Section 2 to Elk Grove Park District subject to the covenant and condition that said real estate shall be used as a park for the benefit of the public, that title to the property shall not be conveyed by the Park District. Section 4: That if any breach of the covenant and condition provided in Section 3 shall occur, the Village shall have the right to cause title to said real estate to REVERT TO THE VILLAGE OF ELK GROVE VILLAGE IN THE FOLLOWING MANNER: a. The Village Clerk shall, by certified mail, to the Board of Commissioners of the Elk Grove Park District, c/o The Elk Grove Park District, 499 Biesterfield, Elk Grove Village, Illinois, give notice that a covenant or condition has been breached, and specify the legal description of the parcel so affected. b. That if such breach has not been cured within ninety (90) days after the date of mailing of said notice the Village Clerk shall register a Declaration of Breach of Covenant with the Recorder of Deeds of Cook County, Illinois. C. That upon the recordation of such Declaration title to the realty shall revert to the Village of Elk Grove Village. Section 5: That the President and this Board and Village Clerk be and hereby are authorized and directed to execute the appropriate conveying instruments and such other documents as are necessary to implement this transfer. Section 6: That this Resolution shall be in full force and effect from and after its date of passage and approval according to law. VOTES: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 28th day of January 1997. APPROVED this 28th day of January 1997. Dennis J. Gallitano Village President ATTEST: Patricia S. Smith Village Clerk EXHIBIT "A" Page 1 of 4 OgpINANCE No. 192 ELK GROVE PARK DISTRICT AN ORDINANCE DECIAMG THE NECESSITY AND CONVENIENCE OF THE USE AND OCCUPANCY OF LOT G IN HUNPINGTON CHASE PHASE ONE • s s V41EREA.S,the Elk Grove Park District is a municipal corporation and body politic of Cook County, Illinois, and was organi2ed for the purpose of establishing, developing, maintaining and operating parks and recreational activities; and WHEREAS,the Village of Elk Grove Village and the Elk Grove Park District are municipalities as defined in ,An Act in relation to the transfer of Interests in real estate by units of local government or school districts. Approved July 2, 19250, (50 D-CS 605/1 et seq.); and WHEREAS, the Village of Elk Grove Village is the present owner of a certain parcel of land for which it has no further use,legally described on Exhibit A attached hereto which is by this reference incorporated herein and made part hereof; and Vd EREAS, it is necessary and convenient that the Elk Grove Park District use and occupy the subject real estate for park and recreational purposes. NOW,THEREFORE,BE IT ORDAINED by the Board of Park Commissioners of the Elk Grove Park District, Cook County, Illinois, that it is necessary and convenient for the Elk Grove Park District to use and occupy the subject real estate for park and recreational purposes. EXHIBIT "A" Page 2 of 4 -2- FURTHER ORDAINED that the Elk Grove Park District and the Board of Park Commissioners thereof hereby indicate the intent of Elk Grove Park District to accept a conveyance of said property from the Village of Elk Grove Village subject to restrictions and conditions of record and subject to such reservations and rights of reverter or reentry as said Village of Elk Grove Village shall impose in such conveyance. FURTHER ORDAINED that the officers of the Elk Grove Park District be and are hereby authorized and directed to take such steps and to execute such documents as shall be necessary or advisable to accomplish the intent of this ordinance. FURTHER ORDAINED that thLs ordinance shall be in full force and effect from and after its passage and approval according to law. PASSED: This 23rd day of January, 1997. APPROVED: This 23rd day of January, 1997. RECORDED: This 23rd day of January, 1997. VOTES: Ayes: Commissioner Clifford Nays: Commissioner Ciangi Commissioner Foster Absent: Commissioner Partman Commissioner Allen AT1�T: Secretary dAEDPD\L0tD.0rd EXHIBIT "A" Page 3 of 4 STATE OF ILLINOIS ) SS. COUNTY OF C O O K ) I, RONALD A. FOSTER, DO HEREBY CERTIFY that I am the duly elected, qualified and acting Secretary of the Elk Grove Park District and of the Board of Park Commissioners of the Elk Grove Park District;and that I have access to the official minutes of the meetings of the Board of Park Commissioners and of the Elk Grove 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. 192 ELK GROVE PARK DISTRICT AN ORDINANCE DECLARING THE NECESSITY AND CONVENIENCE OF THE USE AND OCCUPANCY OF LOT G IN HUN'ITNGTON CHASE PHASE ONE that the foregoing was passed by the Board of Park Commissioners of said Elk Grove Park District on the 23rd day of January, 1997, and was on the same day approved by the Secretary of the Elk Grove Park District; that the original thereof was filed and recorded in the office of the Secretary of the Elk Grove Park District of which the foregoing is a true copy (duplicate) and is now on file in the office of such Secretary. GIVEN under my hand and seal of the Elk Grove Park District this 23rd day of January, 1997. (SEAL) Secretary EXHIBIT "A" Page 4 of 4 EXHIBIT A s +r Lot G in Huntington Chase Phase One,Being a Subdivision of part of Section 31, Township 41 North, Range 11, East of the Third Principal Meridian according to the plat thereof recorded June 5, 1995, as Document Number 95363869, in Cook County, Illinois ** EXHIBIT "B" Page 1 of 2 QUIT CLAIM DEED Illinois Statutory MAIL TO: Thomas G. Hoffrnan Olson, Grabill & Hoffman 707 Skokie Blvd., Suite 420 Northbrook, IL 60062 NAME & ADDRESS OF TAXPAYER: Elk Grove Park District 499 Biesterfield Road Elk Grove Village, IL 60007 THE GRANTOR, THE VILLAGE OF ELK GROVE VILLAGE, a Municipal Corporation created and exist- ing under and by virtue of the laws of the State of Illinois and duly authorized to transact business in the State of Illinois, for in and consideration of TEN AND NO/100 ($10.00)DOLLARS, and other good and valuable con- siderations in hand paid, and pursuant to authority given by the Board of Trustees of said Municipal Corpora- tion, CONVEYS and QUIT CLAIMS to THE ELK GROVE VILLAGE PARK DISTRICT, a Municipal Corporation organized and existing under and by virtue of the laws of the State of Illinois having its principal office at the following address 499 Biesterfield Road, Elk Grove Village, Illinois 60007 all interest in the fol- lowing described Real Estate situated in the County of Cook and State of Illinois,to wit: Lot G in Huntington Chase Phase One, Being a subdivision of part of Section 31, Township 41 North, Range 11, East of the Third Principal Meridian according to the plat thereof recorded June 5, 1995, as Document Number 95363869, in Cook County, Illinois PIN: 08-31-104-004-0000 (08-31-101-002-0000, 08-31-300-001-0000 Underlying Land) And Subject To The Terms of Exhibit "A" In 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 Village President, and attested by its Village Clerk, this 28th day of January 11997. VILLAGE OF ELK GROVE VILLAGE, a Municipal Corporation By: Dennis J. Gallitano DENNIS G. GALLITANO, Village President Attest: Patricia S. Smith PATRICIA A. SMITH, Village Clerk EXHIBIT "B" Page 2 of 2 STATE OF ILLINOIS ) ) SS. COUNTY OF C O O K ) I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that DENNIS G. GALLITANO personally known to me to be the Village President of the Village of Elk Grove Village, a Municipal Corporation, and PATRICIA A. SMITH, personally known to me to be the Village Clerk of said Municipal Corporation, and 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 acknowledged that as such Village Pre- sident and Village Clerk, they signed and delivered the said instrument pursuant to authority given by the Board of Trustees of said Village, as their free and voluntary act, and as the free and voluntary act and deed of said Municipal Corporation, for the uses and purposes therein set forth 14 Given under my hand and notarial seal,this_ �day of 1997. Notary Public IMPRESS AI, HERE NAME and ADDRESS OF PREPARER: EXEMPT UNDER PROVISIONS OF PARAGRAPH William J. Payne b and e SECTION 4, OF THE REAL SAMELSON, KNICKERBOCKER& PAYNE ESTATE TRANSFER ACT 575 Lee Street, Upper Level DATE: near 28 9 7 Des Plaines, IL 60016 BY: G'TATEME.NT BY GRANTOII AND GRANTEE Thu praetor or his Agent affirms that, to the best of, his knowledgo, Cha namo or the arantoo strown on the Dead or Asoignment Of Beneficial Intero�vt in a land trust is either a natural person; an Ill.inoin corporation or foreign corporation aut-hoeizad to do husinesr, or ucquire and hold title to real estate in Illinois, a , partneruhip authorized to do business or acquire and ►fold title to real estate in Illinois• , or other entity recognized as a person and auttrorizold to do buoinerss or acquire title to real estate under the laws; of LI Stator of Illinois . (la L'rcl . :�%G_�?-rt4k��S� .--' .19•x`-- -' Signature : araart:rlr ok Agent ..^,ubucri.lwd And .ors to blc:ore me by tl,a Aid ,C14 � SMri`),.i Q1NW�ry1.Mvribv:nM>n-i stiu�s-, Lit Lis -...._ clay u F�6rK •`�a,=;`iCi:at:cy;^: 4 Nutary r�ublic. S2 --• •.11ra E. L:: 'rha Crzintoa or his Agunt affirms and veiicf:ie�, ;,that ttia'.namra of the orae L•ma shown on ,tile D°rad or Asa ignmenE"'avI 50nef i.ci al'.;.rjtcxast in a land V.111,1151; J.s oithcr a natural person, an, Illinois corporation or foreiran corporation authorized to do business or acquire and hold til;luu to real w tato in Illinois, a partnership authorized to do businese or acquire and hold title torreal estate in Illinois, or uther esitity recognized as a person and authorized to do business or acctuirc and hold title to real estate under the laws of the Stake of Illinois . S,ighaturrw-- Graritna qr Agont SUbperibad n id s.nrt, to before mo by, the c ld Y-IG 4'1A v - I'f'�✓ -r,,.... -. ..� Notary I'ur.i iC 1(, G- NOTE: Any person who knowingly sbhmits a fbige iitotement concorninra the identity of a GranE®ii% r>hall - be 'guilty of a Class C sniGdemeanor for the firsE . otfenso and of a Class A rniadentcanor for subzttquen.t orreilses . (AL• tiCh to Iced or AU1 to be recorded in Cook County, Illinois, if exempt under the provisions or section 9 of"" the Illinois Real EaL-ate TransCcrr Tax Act- . ) � r JESSE WHITE �'lrf]7 taECOMDEr•4 OF-- OECOS i RCGISTRAR OF TOhMCNS TITLES ° COOK COUNTY, ILLINOIS