HomeMy WebLinkAboutRESOLUTION - 27-85 - 4/9/1985 - CONVEYANCE OF PROPERTY/EG PARK DISTRICTRESOLUTION NO. 27'$5
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 30, Section 156 of the Illinois Revised Statutes, 1979); 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 such municipalitites 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 real
estate described in Section 2 hereof for Park District purposes by Ordinance
No. 105 , 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, as long as title to the property is not conveyed
by the Park District and as long as the property retains real estate tax
exempt status.
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 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,
tiles, lateral feeders and real estate taxes for 1995 and subsequent years:
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, and
that it be kept tax exempt from real estate taxes.
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 ninty (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 instru-
ments and such other documents as are necessary to implement this transfer.
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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:
4
NAYS: 0
ABSENT: 1
PASS 1
PASSED this 9th day of April 1985.
APPROVED this 9th day of April ,1985•
ATTEST:
Patricia S. Smith
Village Clerk
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Charles J. Zettek
Village President
EXHIBIT "A"
0i1DI NANCE NO. 105
FLK GROVE PARK DIS"I'i{ICT
AN ORDINANCE DECLARING THE NECESSITY AND
CONVENIENCE OF THE USE AND OCCUPANCY OF
OUTLOT A IN SHENANDOAH SUBDIVISION
P1f11:REAS, the Elk Grove Park Di -strict is a. municipal
poration and body politic• of Cook (7c)unty, Illinois, and was
organized for the purpose of establishing, developing, main -
twining 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, 1925"
(Chapter 30, Section 155 of Illinois Revised Statutes), and
WHEREAS, the Village of Elk Grove Village is the present
owner of a parcel of land for wi,,ich it has no further use,
described as follows:
and,
Outlot A in Shenandoah Subdivision, being a Subdivision
in the South East Quarter of the South Rest Quarter of
Section 36, Township 41 North, Range 10, East of the
Third Principal Meridian, according to the Plat
thereof, recorded in the Recorder's- Office of Cook
County, 11iinois, on August 31, 1978, as Document No.
24608335, in Cook County, Illinois **
WHEREAS, it is necessary and r,onvenient that the Elk Grove
Park District use and occupy the aforesaid real estate for park
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and recreational purposes.
NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners
of the- Elk Grove Park District, County of Cook, Illinois, that it:
is necessary and convenient for the Elk Grove Park to
use and occupy the aforedescribed real estate for park and
recreational purposes.
FURTHER ORDAINED that the Elk Grove Park District and the
Board of 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 but free and clear of all real estate taxes
and special assessments 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 sha',1 be necessary or
advisable to accomplish the intent of this ordinance.
FURTHER ORDAINED that this ordinance shall be in full force
and effect ffiom and after its passage and approval according to
law.
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PASSED:
This
28th
day
of
March,
1985.
APPROVED:
This
28th
day
of
'~larch,
1985.
RECORDED:
This
28th
day
of
March,
1985.
VOTE: Ayes:
Lawrence Borkowski
Bart K. Dill,
James Heffern
Lewis L. Smith
ATTEST:
(signeo! Bart K. Dill
Secretary
Nayes : None
Absent:
Delores Catania
(signed) Lawrence Borkowski
President
STATE OF TLLTNOIS )
SS.
COUWY OF C 0 0 K )
I, BART K. DILL, DO HEREBY CERTIFY that I am the duly
elected, qualified and acting Secretary of the Elk Grove Park
District and of the Board of Commissioners of the Elk Grove Park
District; and that I have access to the official Minutes of the
Meetings of the Board of. 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.105
ELK GROVE PARK DISTRICT
AN ORDINANCE DECLARING THE NECESSITY AND
CONVENIENCE OF THE USE AND OCCUPANCY OF
OUTLOT A IN SHENANDOAH SUBDIVISION
that the foregoing was passed by the Board of Commissioners of
said Elk Grove Park District on the 28th day of Starch, 1985, and
was on the same day approved by the Secretary of the Elk Grove
Park District; that it 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 28th day ofMarch, 1985.
P
(SEAL)
(signed) Bart K. Dill
Secretary
Elk Grove Park District
Cook County, Illinois
EXHIBIT "B"
THIS INDENTURE, Made this 26TH day of NOVEMBE R A. D. 19 84 between
LA SALLE NATIONAL BANK, a national banking association, Chicago, Illinois, as Trustee under the
provisions of a Deed or Deeds in Trust, duly recorded and delivered to said Bank in pursuance of a trust
agreement dated 16TH day of AUGUST 19 82 , and known as Trust
Number 105184 party of the first part, and VILLAGE OF ELK GROVE VILLAGE
part y of the second part.
(Address of Grantee(s):
.............................................................................................................................
................................................................................................................................................................. )
WITNESSETH, that said party of the fust part, in consideration of the sum of TEN 00/100----
--------------------------------- Dollars, ($ 10.00 ) and other good and valuable
considerations in hand paid, does hereby grant, sell and convey unto said party of the second
part, the following described real estate, situated in COOK
County, Illinois, to wit:
Outlot A in Shenandoah Subdivision, being a Subdivision
in the South East Quarter of the South West Quarter of
Section 36, Township 41 North, Range 10, East of the
Third Principal Meridian, according to the Plat thereof,
recorded in the Recorder's Officer of Cook County, Illinois
on August 31, 1978, as Document No. 24608335, in Cook
County, Illinois.
together with the tenements and appurtenances thereunto belonging.
TO HAVE AND TO HOLD the same unto said part y of the second part as aforesaid and
to the proper use, benefit and behoof of said part y of the second part 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 Deed is made subject to the lien of every Trust Deed
or Mortgage (if any there be) of record in said county affecting the said real estate or any part thereof
given to secure the payment of money and remaining unreleased at the date of the delivery hereof.
IN WITNESS WHEREOF, said party of the first part has caused its corporate seal to be hereto
affixed, and has caused its name to be signed to these presents by its Assistant Vice President and
attested by its Assistant Secretary, the day and year first above written.
ATTEST: /2
...........................
Assistant Secretary
This instrument was prepared by:
DAMES A. CLARK
LaSalle National Ban
as Trustee as of said. i
.................................
�sistant Vice President
La Salle National Bank
Real Estate Trust Department
135 S. La Salle Street
Chicago, Illinois 60690
STATE OF ILLINOIS
COUNTY OF COOK ss:
M BROOKINS
I.............................................` ..................................... a Notary Public in and for said County,
in the State aforesaid, DO HEREBY CERTIFY that ....................dAlAi4R. Clsk
........................................
Assistant Vice President of LA SALLE NATIONAL BANK, and ..............�.; ......
Assistant Secretary thereof, personally known to me to be the same persons whose names are sub-
scribed to the foregoing instrument as such Assistant Vice President and Assistant Secretary re-
spectively, appeared before me this day in person and acknowledged that they signed and delivered
said instrument as their own free and voluntary act, and as the free and voluntary act of said Bank, for
the uses and purposes therein set forth; and said Assistant Secretary did also then and there acknowledge
that he as custodian of the corporate seal of said Bank did affix said corporate seal of said Bank to said
instrument as his own free and voluntary act, and as the free and voluntary,. act of said Bank for the uses
and purposes therein set forth.
��
...1 ......... ` A. D. 19 �
GIVEN under my hand and Notarial Seal this .......:'.6i.yyof
NOTARY PUBLIC
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gy, Commission expires on August 30,, 1987.
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