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HomeMy WebLinkAboutRESOLUTION - 88-84 - 11/27/1984 - CONVEY OF PROPERTY IN VILLAGE TO RESOLUTION NO. 88-84 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. 103 , 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 1984 and subsequent years: Lot 71 in Block 7 in Winston Grove Section 22 South, being a subdivision in Section 35 and 36, Township 41 North, Range 10 East of the Third Principal Meridian, in Cook County, Illinois, according to the plat of subdivision, recorded March 30, 1977, as Document No. 23869152 in the office of the Recorder of Deeds, 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, 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. 2 - 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 27th day of November , 1984. APPROVED this 27th day of November , 1984. Michael A. Tosto Village President Pro Tem ATTEST: Patricia S. Smith Village Clerk 3 - EXHIBIT "A" ORDINANCE NO. 103 ELK GROVE PARK DISTRICT AN ORDINANCE DECLARING THE NECESSITY AND CONVENIENCE OF THE USE AND OCCUPANCY OF LOT 71 IN BLOCK 7 IN WINSTON GROVE SECTION 22 SOUTH WHEREAS , the ELK GROVE PARK DISTRICT is a municipal corporation and body politic of Cook County , Illinois , and was organized for the purpose of establishing , developing , main- taining 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 156 of Illinois Revised Statutes ) , and WHEREAS , the Village of Elk Grove Village is the present owner of a parcel of land for which it has no further use , described as follows : Lot 71 in Block 7 in Winston Grove Section 22 South , being a subdivision of Sections 35 and 36 , Township 41 North, Range 10 Fast of the Third Principal Meridian , in Cook County , Illinois , according to the plat of subdivision recorded March 30 , 1977 , as document No . 23869152 in the office of the Recorder of Deeds , Cook County, Illinois ** and , -z- WHEREAS , it is necessary and convenient that the Elk Grove Park District use and occupy the aforesaid real estate for park 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 District 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 shall be necessary or advisable to accomplish the intent of this ordinance . FURTHER ORDAINED that this ordinance shall be in full force and effect from and after its passage and approval according to law. -3- PASSED: This 15th day of November , 1984 . APPROVED: This 15th day of November , 1984 . RECORDED: This 15th day of November , 1984 . VOTES : Ayes : Nayes : Absent: esident ATTE >T: Secretary STATE OF ILLINOIS ) SS . COUNTY OF C 0 O K ) I , LEWIS L . SMITH , 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. 103 ELK GROVE PARK DISTRICT AN ORDINANCE DECLARING THE NECESSITY AND CONVENIENCE OF THE USE AND OCCUPANCY OF LOT 71 IN BLOCK 7 IN WINSTON GROVE SECTION 22 SOUTH that the foregoing was passed bl the Board of Commissioners of said Elk Grove Park District on the day of November , 1984 , 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 day of November , 1984 . Secret Elk Grove Park District ( SEAL) Cook County , Illinois NO. 81 GEORGET:DOLE OCTOSE 821967 EXHIBIT "B" + �t.fGAL FORMS QUIT CLAIM DEED Statutory (ILLINOIS) (Corporation to Corporation) (the Above Space For Recorder's Use Only) THF GRANTOR CANTAX HOMES CORPORATION IL DIVISION it corporation created and existing under and by virtue of the laws of the State of Nevada and duhauthorized to transact business in the State of Illinois ,for the consideration of TAN ($10.00) DOLLARS, in hand paid,and pursuant to authority given by the Board of Directors of said corporation CONVEYS and QUIT CLAIMS unto VILLAGE OF ELK GROVE VILLAGE, ILLINOIS MUNICIPAL a corporation organized and existing under and by virtue of the laws of the State of Illinois having its principal office in the Village of Elk Grove County of Cook and State of Illinois all interest in the following described Real Estate situated in the County of Cook and State of Illinois,to wit: I Lot 71 in Block 7 in Winston Grove Section 22 South, being a subdivision in Sections 35 and 36, Township 41 North, Range 10 East of the Third Principal Meridian, in Cook County, Illinois, according to the plat of subdivision, recorded March 30, 1977, as Document No. 23869152 in the office of the Recorder of Deeds, Cook County, Illinois. w x v a ti w Z Z W W IY 0 O v IY w In Witness Whereof, said Grantor has caused its corporate seal to be hereto affixed. and has caused its name Fe to be siened to these presents by its President, and attested by its x Aagi Grant-. Secretary. this 26 day of October , 19 84, y W 1111,INQF DIVISION AME OF COR 0ONI IMPRESS CORPORATE SEAL av erald R. Hark r PRESIDENT HERE ATTEST. Neal B. Devitt 7rJTT SEC R_ET ARY State of Illinois.County of Cook Ss. I, the undersigned, it Notary Public, in and for the County and State aforesaid,DO HEREBY CERTIFY,that Gerald R. Harker personally known to me to be the President of the Centex Homes Corporation, IL Div corporation,and Neal B. Devitt personally known to me to be the assistant Secretary of said corporation. and personally known to me to be the same persons whose names are subscribed to the foregoing instru- IMPRESS ment. appeared before me this day in person and severally acknowledged that as NOTARIAL SEAL such President and assistant Secretary, they signed HERE and delivered the said instrument as President and assistant Secretary of said corporation, and caused the corporate seal of said corporation to be affixed thereto.pursuant to authority,given by the Board of Directors of said corporation as their free and yolumary act. and as the free and volumary act and cleed of said corporatio for the ries and set forth Given under my hand and official seal, this A dev ofpurp ses herei19 Commission expires O�7 V 19_ A0,6-� . It i NOTARY PUBLIC v 0 ADDRESS OF PROPERTY: C M m Z amel —1 Z MAIL TO: TRE AROVF ADDRESS Is FOR STATISTICAL PURPOSES C ressl ON'L1 AND IS NOF A PAkT OF T mS DEED. ? SEND SUBSEQUENT TAX BILLS TO: m A (City tate an .p (Name) OR RECORDER'S OFFICE BOX NO. �tltlress)