HomeMy WebLinkAboutRESOLUTION - 96-80 - 10/14/1980 - CONVEY PROPERTY TO PARK DIST RESOLUTION NO. 96-80
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 Presi-
dent 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. S I , 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
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 1979 and
subsequent years :
See Exhibit "C" attached hereto and incorporated herein
by reference.
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 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.
c) That upon the recordation of such declaration title
to the realty shall revert to the Village of Elk
Grove Village.
- 2 -
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 : 6
NAYS : 0
ABSENT : 0
APPROVED :
Charles J. Zettek )
Village President
ATTEST:
Fay M. Bizhop
Village Clerk
PASSED this 14thday of October 1980.
APPROVED this 14th day of October , 1980.
3 -
ORDINANCE V0 .
ELK GROVE PARK D7STRI( "_'
ORDINANCE DECLARING THE NECi:SSITY ANO
CONVENIENCE OF THE U"E AND 'OCCUPANCY
OF A CERTA?N TRACT CF REAL ESTATE NEAR
NEPG.E ROAD ALdD ROUTE 53
WHEREAS , the EIK Grove P-irk Dietrict is a municipal
corporation and bcdy politic cf Cook County , Illinois, and was
organized for the purpose of establishing, developing, maintain-
ing and operating parks and recreational activities, and
WHEREAS, the Village of Elk Grove Village is a village
located in Cook County, ' llinois, ,.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
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:
That part of the South Half of Section 31 , Township 41 North,
Range 11, East of the Third Principal Meridian, described as
follows: Beginning at the southwest corner of said Section
31; thence east of a line between Cook and DuPage Counties
47 . 66 chains; thence north 20 chains; thence east 8 .34 chains
to the east line of said section; thence north 10 . 46 chains;
thence west 54 . 50 chains to the west line of said section;
thence south 30 . 50 chains to the place of beginning (excepting
from said premises all that part thereof lying east and
south of the following described line: Commencing at the
southwest corner of said Section 31; thence east along the
south line thereof a distance of 3145 . 56 feet to a point on the
east line of the aforedescribed tract; thence north along said
east line a distance of 80 feet to a point; thence west
along a straight line parallel with said south line of said
section a distance of 45 . 56 feet to a point; thence north
84°17 ' 44" west along a straight line a distance of 803 . 51 feet
to a point; thence west along a straight line, parallel with
said south line of said section a distance of 43 . 90 feet to a
point; thence north 9"00 ' 42" west along a straight line a
distance of 584 . 34 feet_ to a point; thence north 12°38 ' 29 " west
along a straight line, a distance of 507 . 04 feet to a point;
thence north 7.3025 ' 30"' west along a straight line a distance of
-2 -
776 . 20 feet to a point on the north Line of the aforedescribed
tract; thence west Liong said north line 308 .63 feet to a
point, said point being the point of beginning of the line
herein being described , said line running thence south 13025 ' 30"
east along a straight line a distance of 707 . 13 feet to a
point; thence south 9°34 ' 06 " east along a straight line a
distance of 1179 . 14 feet to a point; thence south E4°38 ' 17 "
west along a straight line a distance of 424 . 78 feet to a point
normally distant 90 feet north of said south line of said
section; thence southwesterly along a straight line a distance
of 360 . 14 feet to a point normally distant 80 feet north of
said south line of said section; thence south along a straight
line normal to said south line of said section to said south
line , and excepting from said premises that part thereof
described as follows: Commencing at the southwest corner of.
said Section 31 ; thence east along the south line thereof a
distance of 3145 . 56 feet to a point on the east line of the
aforedescribed tract; thence north along said east line a
distance of 80 feet to a Point; thence west along a straight
line parallel with said :outfit line of said secticn a distance
of 45 . 56 feet to a point; thence north 84 °17 ' 44 " west along a
straight line a distance of 803 . 51 feet to a point; thence west
along a straight line parallel with said south line of said
section a distance of 43 .90 feet to a point; thence north
9°00 ' 42" west along a straight line a distance of 584 . 34 feet
to a point; thence north 12 °38 ' 29 " west along a straight line a
distance of 507 . 04 feet to a point; thence north 13°25 ' 30" west
along a straight line a distance of 776 . 20 feet to a point on
the north line of the aforedescribed tract; thence west along
said north line 308 . 63 feet to a point; thence south 13 °25 ' 30"
east along a straight lire a distance of 707 . 13 feet to a point
for a point of beginning; thence south 9°34 ' 06 " east along a
straight line a distance of 1179 . 14 feet to a point; thence
south 84 °38 ' 17 " west along a straight line a distance of 60
feet to a point; thence northerly along a straight line a
distance of 1176 . 27 feet more or less to the point of beginning,
and except that part lying easterly and southerly of the
following described line: Beginning at the intersection of the
east line of Route 53 ( as per Document #11069335 ) and a line
50 . 0 feet northeasterly (measured at right angles ) of and
parallel with the southeasterly extension of the center line of
Nerge Road ( said intersection point being .1323 . 03 feet, as
measured along the east line of Route 53 , north of the south
One of the southwest quarter of Section 31 aforesaid ) ; thence
northerly along the east line of Route 53 aforesaid, 317 . 37
feet; thence easterly at tight angles thereto 231 . 50 feet;
thence North 00°08 ' 29 " west parallel with the east line of
Route 53 aforesaid 371 .09 feet more or less to the north line
of premises, and except therefrom that part lying west of the
east line of Route 53 aforesaid, in Cook County , Illinois * *
and ,
WHEREAS , it is nececsaty and convenient that the Park
District use and occupy the aforesaid real estate for park and
recreational purposes.
STATE OF 1Lr_ :;OIS )
SS .
COUNTY OF C 0 0 K )
I , JArVES L . CASHMAN , DO HEPEBY CERTIFY that I am the
duly elected, qualified and acting Sec! etazy of the Elk Grove
Park District and of the Board of Commissioners of the E1;:
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 Pr.rk District.
I DO FURTHER CERTIFY that the above and foregoing is a
true and correct copy (duplicate) of a certain ordinance
entitled:
ORDINANCE NO. 81
ELK GROVE PARK DISTRICT
OI:DINANCE DECLARING THE NECESSITY AND
CONVENIENCE OF THE USE AND OCCUPANCY
OF A CERTAIN TRACT OF REAL ESTATE NEAR
NERGE ROAD AND ROUTE 53
that the foregoing was passed by the Board of Commissioners of
said Elk Grove Park District on the day of September ,
1980 , 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 September , 1990 .
CI
Secretary
Elk. Grove Park District
Elk Grove Village , Illinois
(SEAL)
,u
-i-
NOW, THL;REFORE , BE 0 ORDAINED by the Board of Cummissioncrs
of the Elk Grove Park District, County of C:uoh , Illinois, that
it is necessary and convenient for the said ;nark District to
use and occupy the aforesaid real estate tot park and recreational
purposes.
FURTHER ORDAINED that the Park District and the Board of
Commissioners thereof hereby indicate their willingness 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, if any for the sum of $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 accomplish the intent of the foregoing ordinances.
FURTHER ORDAINED that this ordinance shall be in full
force and effect from and after its passage and approval
according to law.
PASSED: This day of September , 1980 .
APPROVED: This day of September , 1980 .
VOTES :
Ayes: Nayes- Absent:
Joan E. Brennan
Delores M. Catania James L. Cashman
Bart K. Dill
Lewis L . Smith
ATTEST: Y
nn President
fi Secretary
,EORGE E COLE' X17
LEGAL FORMS S,ptemoer, 1975
QUIT CLAIM DEED
Statutory OWNERS) EXHIBIT "B"
(Corporation to Corporation)
flhe Above Space Fur Kecurdere Use U"Iv1
THE GRANTOR Village of Elk Grove Village a municipal corporation,
901 Wellington, Elk Grove Village, Illinois
a aorporanon Created and existinu under and by virtue of the laws of the State of Illinois
and duh authorized to transact business in the State of Illinois , for the consideration
of Ten and no/100 ( S10. 00) ---------------------------------DOLLA RS.
and other good and valuable consideration
in hand paid. and purxu;mt to authority•given by the Board of Trustees of said corporation
I S and Ql'IT CLAIMS unto Elk Grove Park Distrjr't a m )ni _i pa 1
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 T 1 1 1 no c
havinet� Princinal office at the following address 499 W. Biesterfield Road , Elk Grove ^
ViIlage; Illinois
all interest in the following described Real Estate situated in the County of
Cook and State of Illinois, to wit:
C
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See Attached for Legal Description U
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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 President, and attested by its O w N
Village Clerk g&MY". tITis day of—, 19_ z p c
X � �
V iI ka g e , f _ e x w
IMPRESS
i ' Y/ GAME CO ORATION) Q W O
/I�� /� �� -
BY
CORPORATE SEAL
HERE PRESIDENT
ATTEST- f �' /// i
Village Clerk xxxxxv
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
personalk known to me to be the President of the Board of Trusteed, of the
Village of Elk Grove Village, a municipal
corporation.and Fay Bishop personally known to me to be
the V111a e •5*&-'4s & of said corporation. and personally known to
me to be t`�e erK
same persons whose names are subscribed to the foregoing instru-
IMPRESS ment, appeared before me this day in person zinc] severally acknowledged that as
such President and Villag�___,_ gT�pf, they signed
NOFr RI%L SEAL �zcric
HERE
and delivered the said instrument as President and Village Clerk
LV, X f• Xr <of said corporation, and caused the corporate seal of said corporation
Lobe affixed thereto, pursuant Io authority,given by the Board of Trustees
of %aid corporation as their free and voluntary act. and as the free and voluman
act and deed of said corporation, for the uses and purposes therein set forth.
Given under n)v 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)
ADDRESS OF PROPERTY
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1-1F A PAICdI LIGE A DIST=N'2 OE 360.111 PEST TO A POINT NORMALLY DIST"'T SD FEET HORS, 0E
SAI: - _rH Lit:- OF 5010 5CCTICNJ THENCE SOUTH A"NG A STRAIOMT LIME r10RPAL TO SAID SOUTH LIN`-
OF SAID SECTION TO SAID SOUTV LIN•:, AND EACVPTIT:G FROn SAID PREHISES THAT PART THEREOF DESCRIDCD
115 fJLLC 15: ';OmmEaCING AT TH3 SOVTHt'EST CDRI:E,7 OF SAID SECTfCN 31; THENCL EAST AV:"r. 1P0 SOUTH
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OP RDUTC E3 RIO,^.C°AIOI IN coc,c [eu NTv zLLIN0L5
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.
• _ EXHIBI! "C"
- T 7 f 7 C THE SOUTH OF SET . Z c. _ : _ „
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A POINT: TUONCE NORTH 130 25' 30" 112ST ALOMO A STRAIGHT LIME A DISTANCE OF 77G.ZO Tar TO A
POINT ON THE NORTH LIN'_ OP Tlt APOIEDESCRIEED TRACT; THENCE WEST ALONG SAID NORTH LR:^_ 308.63
FENT TO A POINT, SAID POINT =1141 THE POINT 0E 9000001116 OF THE LINE HEREIN GOING OESCRIBED,
SAID LINE RUNNING IMEHCE SOUTH 13- 25' 30„ EAST ALONG A STRAIGHT ,LINE A DISTANCE OF 707.13
FEET TO A POINT; TMEtIC[ SOUTH 90 3141 06" EAST ALONG A STRAIGHT LINE A DISTANCE OF 1179.14 FEET
TO A POIN0 TM4NCE SOUTH 34° 36' 1?" HEST ALONG A ZrRAIGMT LINE A DISTANCE OF 112A. 19 F527 TO
A POINT "On.ALL.Y DISTANT 9D FEET I:ORTM O" SAID SOUTH LIME OF SAID SECTION, THEMC_ SOUTHIdQTERLY _
r;16 A 17PAIG41 LINE A DISTANCE OF 360.15 FEET TO A POINT NGRIIALLY OISTA.T 20 FEET NORTH OF '
511' �_y LItf3 OF 5010 SCCTICNJ THENCE SOUTH ALONG A STRAIGHT LINE NORMAL TO SAID SOUTH LINE
OF SVD SECTION TO SA10 SOUTH LINO, ANO EACVPT,NG FRO. SAID PROMISES THAT PART 70EREOF DESCRIBED
IS POLLD:NS: CONMSNCINO A7 Try$ SOUTHE'ES7 Cn C/IEA OF _SAID SECTION 11; rMENC` EAST AL'F:C 7115 SOUTH
LIES THEREOF A OIS7AHCE OF 31N5�5i FEET CO A POINT ON INC EAST LINE OF THE AFOREDESCRIDED 7RACT;
PMS TH ALONG SAID CAST LINO A DISTANCE OF 90 FENT TO A POINT) rHEL'CE HOST FLONO A STRAICHT
L!1:: PA.ALLEL WITH SAID SOUTH LINZ OF SAID SECTION A DISTANCE OF 45,56 FEET TO A POINT; THENCE
NORTH `_'1- 171 4:'1 WEST ALONG A STRAIGHT LINE A DISTANCE OF 103.51 FEET TO A POINT; THSHCE LEST
ALC::? AST,".AIGHT LINE A OlIALLEL MIT" ERIC SOUTH LIr:E OS SAID SECTION A DISTANCE 0= 43.90 FENT
TO A POINT' 0110CE NORTH S- 00' 42" )HEST OLD= A SrRAIC.MT LINE - DISTANCE _F SO?.31 FC E7 TO
{. F0I17: &TIC'_ N.DBTM 101 ,30"' 2j1' };NST ALON& !r ST0VECDT Vida A OfSTANCE C-507.00 FEET 'TO A
POINT: THENCE NORTH 230 25' 30" "?ST ML'_• A ST O11G:!T LINE A 015TANCC ON T76.2O FEiT TO A POINT
CN III_ NORTH LINE ON `-E AGC:EDESCRI3EO TACT: 7rL70CE VEST ALONG 5A10 1:0_T4 LIt1E 3!2.69 Kyr
TO A POINT, T INCE SOU71t 13- 2S' 300 EAST (.L>SFi A S771ArG.4T Otte A DISTANCO 00 707.Q FEET -
A POInT FOP A POLAR 07 °EGIFA:10; -.?>_NC_ STUT71 J' 34' CS" EAST ALONG A ST:,AIOHT -INE A DISTANCE
OF 1119,11{ FEET TO A Po1T1T; TAINCE SOUTH QV 13' 17" WEST ALONG A STRAIGHT LINE A 'IISTANCE
CP CO FEET TO A 000, TNTACE N0.'-TN;;t LY ALONG STPAI&Or LINE A DISTANCE OF 72.76.21 FcCT f?ZRE
G'. LESS TO THE POINT OF BEGINNING, AND CYCEPT "SLAT PART LYING EASTERLY AND SOUTNCGLY OF THE
001 LO)IN? DESCRIBED Ll 142; Ce"GINNING AT TI^.'_ INTE:SECriON OF INC EAST LINO OF ROUTS 53 CAS PEP
,{012NT NII069335) PrD A Lira 50-0 PcET NOD7t1EASTFAUY CHSASURED AT REGOT ANOLCS) OF AND PA.^-ALLEL
fill. THi SOUTHEASTERLY EXTENSION OF THE CENTER, LINE OF N=.^,GE MAO (SAID 1117ERSECTLYi POIIIT
BEING- 1323.D3 FOo T, AS 05ASUCED ALONG TM5 EAST LINE OF ROUTE 53, NORTH 00 THE SOUTa LINE OF
TNc SOUTH 157 C,c A),T.^, OF SEGTIO0 31 AFOCCSAID); THCNCE ❑ORTAIRLY ALCN6 THE EAST LI05 OF ROUTE
t
01 AP3' SA1P, 312.97 FECr) THEMCE 6ASTE;LY AT 9I90T ANGLES TNEROTO 231.50 FEET: SU?NCE NORTH
OL° 00 ZOO NEST PACALLCL NITN TILE EAST LINE OF ROUTE 53 AFORSSAIO 371.09 FS.">T 'MRS 0: LOSS
TO TYE Cn qTH LING OF PRCMIScS, AILD E%CEPT 7NiREF:OM THAT PART LYWH? 4.'_BT OF THE E.:SF LINE
nP NUS; 03 ATO,NETA OI IN coon CeOwt vLI INO[5