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HomeMy WebLinkAboutRESOLUTION - 82-80 - 8/26/1980 - CONVEYANCE OF PROPERTY RESOLUTION NO . 82-80 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 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 the ILLINOIS REVISED STATUTES) ; 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 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 real estate described in Section 2 hereof for Park District purposes by Ordinance No. 79 , 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 property is 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 con- veyed 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 1979 and i subsequent years : Lot 2 in First Resubdivision of Winston Grove Section 22 North of Lots 32 and 33 in Block 6 in Winston Grove Section 22 North, being a sub- division in part of Section 35 and 36, Township 41 North, Range 10, East of the Third Principal Meridian, 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 con- veying the real estate legally described in Section 2 to Elk Grove Park District subject to the covenants and conditions 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 a covenant or 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, 449 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. 2 - 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 of this Board and Village Clerk be and hereby are authorized and directed to execute the appropriate conveying instrument 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 : 5 NAYS : 0 ABSENT : 1 APPR E7ED : 1 Village President ATTEST : �n Village Clerk PASSED this 26th day of August , 1980. APPROVED this 26th day of August 1980 . 3 - Exhibit "A" ORDINANCE NO. 7<% ELK GROVE PARK DISTRICT ORDINANCE DECLARING THF. NECESSITY AND CONVENIENCE; OF TILE USE AND OCCUPANCY OF A CERTAIN TRACT OF REAL ESTATE SOUTH OF BIESTERFIELD ROAD AND EAST OF MICHIGAN LANE !N ELK GROVE VILLAGE, ILLINOIS WHIRGAS , the Et.}; (;R()VE PARK DISTRICT is a meanicipal corporation and body politic of Cook County , Illinois , and was organized for the purpose of establishing , developing , maintain- int; and operating parks and recreational activities , and WHEREAS , the Village of Elk Grove Village is a Village located in Cook County, Illinois , and is a "municipality" 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 hevi .sed Statutes) and WHEREAS , the Village of Elk Grove Village has no further use for the following described real estate : Lot 2 in first resubdivision of Winston Grove Section 22 North of Lots 32 and 33 in Block 6 in Winston Grove , Section 22 North , being a subdivision in part of Sections 35 and 36, Township 41 North , Rang" 10 , East of the Third Principal Meridian , in Cook County , Illinois . and , WHEREAS , it is necessary and convenient that the Park District use and occupy the aforesaid real estate for park and recreational purposes . NOW, THEREFORE , BE fT ORDAINED by the Board of Commissioners of the ELK GROPE PARK DISTRICT, County of Cook , Illinois , that it is necessary and convenient for the said Park District to -2- i< e z-i< e and occupy the aforedescribed real estate for park and recreational purposes . FURTHER ORDAINED that the Park District and the Board of Commissioners thereof hereby indicate their willingness to accept a conv^yance 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 assess- ments , if any , for the sum of TEN DOLLARS ($10 .00) . FURTHER ORDAINED that the officers of the 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 c:ccomplish the intent of this ordinance . FURT11ER ORDAINED that. this ordinance shall be in full force and effect from and after its passage and approval accord- ing to ' law . PASSED: This 14th day of August, 1980 . APPROVED: This 14th day of August , 1980 . VOTES : Ayes : Nayes: ATT ' T: Secretary President GEORGE E.COLE' NO. 921 LEGAL FORMS September, 75 QUIT CLAIM DEED Statutory (ILLINOIS) (Corporation to Corporation) (Che Above Space For Recorder's Use Only) TflE GRANTOR Village of Elk Grove Village, a municipal corporation, 901 Wellington, Elk Grove Village, Illinois u corporation created and existing under and by virtue of�l�ehaws of the State of Illinois and duly authorized to transact business in the State of inois , for the consideration of Ten and no/100 ($10 . 00) ------------ DOLLARS, and other good and valuable consideration in hand paid•and pursuant to authority given by the Board of Trustees of said corporation CONVEYS and QUIT CLAIMS unto Elk Grove Park District, a municipal corporation, 499 W. Biesterfield Road, Elk Grove Village , Illinois a corporation organized and existing under and by virtue of the laws of the State of 11 linoi s having its principal office at the following address 499 W Biesterfield Road Elk Crove Village, Illinois all interest in the following described Real Estate situated in the County of �? Cook and State of Illinois, to wit: q See Attached for Legal Description o 4� 4J U U Ell N Q X 44 IG O E W 1 to Sa W rr Q) = 0 IFI y •rt N 2 •H > c4 N E W z C o N z rd > x 4J 41 U) 14 z W oQ) H In Witness Whereof. said Grantor has caused its corporate seal to be hereto affixed, and has caused its name = a v t`'V�T`T�;a•s ned to ese resents by its President, and attested by its OW p :4 1gel C1erRc VAK,fXRI, this day of , 19_. 4.1 N R4J V,i lla e of,-Elk Grove Village y IMPRESS (N EOE CORPORATION) Q W O CORPORATE SEAL By ,q PRESIDENT HERE \/ ATTEST: L� SECRETARY State of Illinois. County of Cook ss. I, the undersigned, a Notary Public, in and for the County and State aforesaid.DO HEREBY CERTIFY,that Charles J. Zettek personally known tome to be the President of the Board of Trustees of the Village of Elk Grove Village, a municipal corporation,and Fay Bishop personally known to me to be theVillact rs3 *YvA} 2t* of Said corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instru- IMPRESS ment, appeared before me this day in person and severally acknowledged that as h President and Villag 7� g{ they signed NOTARIAL SEAL such �-b�JL R Village Clerk HERE and delivered the said instrument as President and 3$xgCg " of said corporation, and caused the corporate seal of said corporation to be affixed thereto, pursuant to authority,given by the Board of Trustees of said corporation as their free and voluntary act, and as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. Given under my hand and official seal, this day of 19_ Commission expires 19_ NOTARY PUBLIC This instrument was prepared by Kerry W. Pearson, Attorney at Law, 780 Lee Street, Des Plaines, Illinois 60016 (NAME AND ADDRESS) 0 0 ADDRESS OF PROPERTY: C 3 Ell _ — Z _ Z MAIL TO: ABOVE ADDRESS IS EOR STAT DTIC AI. I'U RPOSFS ONLY C IAtltlressl ONLY ANU IS NUI"A PART OP rHD DEED. � SEND SUBSEQUENT TAX BILLS TO: m A ( Ry, [ate antl ip)OR RECORDER'S OFFICE BOX NO. IAdOress) ---'-- I Lot 2 in �rst Resubdivision of Wir, on Grove Section 2z North of Lots 32 and 33 in Block 6 in Winston Grove Section 22 North, being a sub- division in part of Section 35 and 36 , Township 41 North, Range 10 , East of the Third Principal Meridian, in Cook County, Illinois . Subject To: Covenants , conditions , limitations and restrictions of record, private and public easements , drainage ditches , tiles , lateral feeders and real estate taxes for 1979 and subsequent years . This conveyance is subject to the covenants and conditions 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 Elk Grove Park District, and that the property retain real estate tax exempt status . In the event any breach of the covenants and conditions pro- vided above shall occur the Grantor, Village of Elk Grove 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, 449 Biesterfield Road, Elk Grove Village, Illinois, give notice that a covenant or condition has been breached and specify the legal description of the parcel 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 record 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. This conveyance is made pursuant to the official business of the Village of Elk Grove village.