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Home My WebLink AboutRESOLUTION - 47-12 - 11/13/2012 - RESCIND RIGLIT OF REVERSION (KENNETLI YOUNG)RESOLUTION NO. 47-12 A RESOLUTION RESCINDING RESOLUTION NO. 41-12 AND WAIVING ANY RIGHTS OF REVERSION TO CERTAIN REAL PROPERTY ON BEHALF OF THE VILLAGE OF ELK GROVE VILLAGE WHEREAS, the Village of Elk Grove Village conveyed certain real property located in Cook County, Illinois to Elk Grove Township ("Real Property") by way of a Quit Claim Deed registered as Document LR 3031378, which instrument contains: 1) a provision for forfeiture or reversion of title in favor of the Village of Elk Grove Village in case of breach of condition, all as set forth in and legally described by Exhibit "A" attached hereto, (the "Reversionary Interest'); and 2) a covenant and condition that the Real Property shall be used primarily as a mental health center to provide care, services, programs and facilities to persons needing mental health treatment, including, the mentally retarded and for those addicted to alcohol or drugs and incidentally used for other community health programs and services ("Use Restriction"); and WHEREAS, the Reversionary Interest was subsequently amended as set forth in that certain Amendment To Condition Of Record registered as Document LR 3144809, as set forth in Exhibit `B", attached hereto; and WHEREAS, the legal description for the Real Property subject to the Reversionary Interest has been confirmed by Chicago Title Insurance Company as set forth in Exhibit "C" attached hereto; and WHEREAS, Kenneth Young Centers is the current legal record titleholder to the Real Property and desires to obtain financing from Glenview State Bank Mount Prospect Branch Bank, its successors and assigns (`GSBMP") and to secure said financing by granting a mortgage, assignment of rents and other usual and customary loan and collateral documents in favor of GSBMP; and WHEREAS, the Mayor and Board of Trustees have determined that it is in the best interests of the Village of Elk Grove Village to waive, relinquish, abrogate and forfeit all rights in and to the Reversionary Interest and the Use Restriction as herein described by the passage and approval of this Resolution. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Cook and DuPage Counties, Illinois, as follows: Section 1: That upon passage and approval of this Resolution, the Village of Elk Grove Village, for itself and its successors and assigns, hereby waives, relinquishes, abrogates and forfeits all rights in and to the Reversionary Interest as herein described and set forth. Section 2: That upon passage and approval of this Resolution, the Village of Elk Grove Village, for itself and its successors and assigns, hereby waives, relinquishes, abrogates and forfeits all rights in and to the Use Restriction as herein described and set forth, in favor of Kenneth Young Centers and GSBMP, and their respective successors and assigns, their respective purchasers of either: a) the loan and collateral documents secured by a lien upon the Real Property or any part thereof, or b) the Real Property or any part thereof, incident to any debt collection or lien enforcement action, whether undertaken non -judicially or judicially by the above named Kenneth Young Centers or GSBMP, and their respective successors and assigns, their respective purchasers of either: a) the loan and collateral documents secured by a lien upon the Real Property or any part thereof, or b) the Real Property or any part thereof, incident to any debt collection or lien enforcement action, whether undertaken non -judicially or judicially. All such protections and other treatment accorded hereunder to Kenneth Young Centers and GSBMP, their respective successors and assigns, shall automatically and without further action by the Village of Elk Grove Village, inure to the benefit of any person or entity who or which traces its interest in either said loan and collateral documents or the Real Property or any part thereof by through or under Kenneth Young Centers or GSB, and their respective successors and assigns, their respective purchasers of either: a) the loan and collateral documents secured by a lien upon the Real Property or any part thereof, or b) the Real Property or any part thereof, incident to any debt collection or lien enforcement action, whether undertaken non judicially or judicially. Section 3: The Mayor and the Village Clerk are hereby authorized to execute such other documents as are necessary to effectuate the terns of this Resolution, and the waiver, relinquishment, abrogation and forfeiture of the Reversionary Interest and the Use Restriction as set forth herein. Section 4: That a copy of this Resolution is to be recorded with the Cook County Recorder of Deeds upon its passage and approval. Section 5: That all Resolutions in conflict with the provisions hereof are hereby repealed. Section 6: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 4 NAYS: 0 ABSENT: 1 ABSTAIN: 1 PASSED this 13`" day of November 2012. APPROVED this 13'h day of November 2012. ATTEST: Judith M. Keegan, Village Clerk res K enn e1 h Youn Kenlerrescind APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village J STAT:' OF ILLINOIS SR COUNTY OF O O R ;jU-:l I -:ilii QUIT CLAIM DSVD THM GMNTOh, the Village of ulk Grnve Vi' agc, a Municipal. Corroraf•Lon crated and exiet.ing under and by uLrtue of Lha laws of the utate �t Illinois, for the consideration of Ten 1610,00) olllUts, ?.n hand paid, ' nd pursuant to authority gi.von by the dward oy Arustees of saiJ village CONVZY$ and Q°JIT C111.M$ unto Elk Grove 'rownehlp, It Municipal Couporutton, created and existing under and by vi.rtub of the laws of the skate or 1).7.tn•+i:: hnving Its princLpil office in Che Village of Elk Grove, Counl:y of Cook and a,.„ta of Illinois all interest in the following described Raal'Estnte situated in the County of Cook and State of )J.linois, tv;wiE: ' � 0 .That -part of the Southwest Quarter of Section l+ 'township 41 north, Range 11, .Eant of the Third Principal [•:svidian,, µ deecriMied a9:40116WA; Beginning at the Intersection of the fiast'•.l int o£BogCe .53W. a line 50.9 fe.bt Northeasterly ,W (measyr«I'aE right .ang to a) of am parallel 'wit'h the g,5�vLZ CO eamlerly' extohsion of the cantor bine of.;Nerge Roadl*�thance 1O-thekly;alOhg the Last Lino o:E Hoote'53''afdreaaid, 317.87 I.cat: Thence Easterly at right angles'-thareto 231.50 feat; Thence ."•,Oualerly )Oerallel with tho'East'lIha of 'Routs 53 :9forrsni8 :4.34:79 feet to the aforesaid fine ;of 50.0 .feet North- i easterly 'of"the Southeasterly extenei.on of the canter line of ;Nerge Road; Thence Northwoptarly along said 50.0 foot. line. 259.35 f at th eint o.E be 'n tng, C k cr�nty; q9 `F' _ ��g. :� 'mss + Ye'�Q$p U� ��7 /iS Mcn�: r,`v��"rttE,,l A. /+Ny�ieR4(S�', _ pp SOV'`}�All+1f`CL'OF w1 Q;.t + N +U T F' =iC+ • i hi L/N +r Pa. blowing pr0t/i f• Tia✓ 7 ac�ohe fo3, �ovena nt and 'conq i t7.an ahs ).. 2fh .of- it .. n.eraien; a ArS This conveyance 13 subject to the covenant and condition that said real estate shall be used primmrily as a mental health'' center to provide care, services, programs and facilities -to persona needing ifiental heath treatlacnt,'inclading the r'-_-ntally. ,• retatded .,and for tho'� addicted to alcohol.,or drugs grid in6iden-1. •filly, 'usea.for other com)Aunity health..programs and'9oryices,-. . in..the event'.aliy breach of the covenant and.condItLofi.pzvided:above shall`occur- the ''Grahtor,,Viillage of kik Grovh,,All4ge,shal'3.;haVe:p'the.„right ''' to ealiie title to. said real estate to REVENT•'TO Tkfi .VYLLAGE 'OS':ELR .DROP VILLAGE IN THE FOLLOWING MANNER: a) b) 'The -village c16zk shall, by cer'.titie%l sla(il, to thaClerk' of, the Elk Grove Township, give notioe't0i:%said 'covenant and 'eonditibq has been breached. That if such breach has not been'cu;ed', hitbinninety '(90)' days . from the receipt of said notice the Village Clerk' ehal'l: register a Declaration of Branch of Cdvenant with chs Rclistlar of Titles of Cook County, lllin.Aia.. . That upon the regiatration of Such QnClaration title to the realty shall revert to the VillageOf Elk Grova'Villags., •.; a,l. "11:'':x.:. ;; i presentsb_y// it3 village President, and rtteet6,'d by its Village Clerk, t--is,�T -. d::y 01`� . 197fi. (corporate -cal) 'hharlet J. to Village Pre' do ATPneT: e 1_0 G1 . Lwi n p Eleanor G, ruK ,.` VV,1'.ilage C%rk �. STATE OF :LLIND,I ) ' ) SS G1 COUNTY OF C O O S ) i Gi 'S; -the undersigned, a,Notary public, in and Fox the County and state "aforesaid, W.I!BIEUY•CEATXFX that. Charles A. Rettelr personally known C.) to:;me t.r ,he'-the,•V1�Liage Prssid,J6t of the Village of Slk Grove to Village a'ri8'.5lean or,'G. Turner perepnaYly known to me t0 be the Village c'-k..k,of'gaid,:dillage and pexsonally. 'known to me to be the same persons whose.;nairea;. ar'e:subscribed to iho• foregoing. insL-rument, appeared before me .this;i' it?Tn:'PerMn shd' seve[73.11y,::aoknoWledged. that as such Village President dad( Village_, Clark o£{0Ad' ViLlagedf:&lk Grove Village they signed' a'64-:aelivered :the said ipet> U911811r6 :As, ,ViX age rIxesidgnt and Village c:lerk'' of. said. Village of ilk'and caused the coi'*6;�ie beal;of�.said. corporation to be °fixed thereto -,,quant to 'autnorl'ty, given`) Board IMP.tw. SS of Trustees-of':ea.id .,ge As '( 'NOTARSAL ffiSALtheir,', free'and voluntary act, and as' the frog rand,•-voiuntary act' aiA Maed :of ''said dpr,,pora- {�`'' tion, fdif':tho 'uneQ and:;;purposes therein set forth.:'. ... dived de'r.!:y hand and official seal, this yrf.' d.ty of y. .. .. • , 1476. , ' coft' ii.slva [expires i, 141g! : pocumant prepared ;fiY, errman s. samalson>'::At'torney at J,aa �•,ZBO. . Lee ntreet;'Dea Pleiines; 111ia0i.e 6DO16-'Te1'ephons: .72.2827-5117. ... Aaareas of Ptope'rty' Grari[eea Address :�+:';"' •=i�•. ,fir ,, nc`>..,Jlt�-:' v. .%,?...: :`.:n° :: `: i"''.�. !'F'S„i':i�iC:•,. r 1..:. �.;�.: i)ms .�a$�"'x:ril.Mtir::. 'i_��: r,. ': E sir':.'-•. ,1:r'.r ..,,:.v..,; . :.,.;:;. lo. r,.:,cgr.,a.%', �•�x _,i�,�� .,rF.. ;.r: •. ctr;,,:,:.; ''.�Ty'1 a i ,,;:e:. n::r'Y,:�a;�. )':4i.9(� if f\,h..._ t r4�... .: 1, r..,Y. .... 4.. 1. _ s: ht!.._!$�t. �.�.h �•v'3iMM.C+�t,wr..._ .,b.�hi�r1'e�',.`.'NuU! I TATE OF ILLINOIS 39. Il •,. ��1 Y OUNTV Of C 0 O H I �I AMENDJIENT TO CO"E::,:NT Or RECORD 4\/ 1 u` WHEREAS, the Deed recorded as DarOMD"t KR3D31378 restrict- ing the use of land to certain purposes relnting to Mental yHealth Treatment contained a pr^vaso for f�rfelturo or rever- sion of title in case of breach of said covannnt; and WHEREAS, the undersigned was the Grantor: and �. WHEREAS, it i9 the infant of the undersigned to amend E the Covenant for facilitating a 1' the purposes of mortgage on )J0" said property. . ,' u THEREFORE, far and in consideration of Ten 010,001 Dollars, and other good and valuable consideration, the roceipt thereof W • � � � Se hereby aoknowladged, such covenant is emended in such a -� nz� manner as not to be effective so far as the mortgage conveying J4'7 the following described innd is concerned: � - " y' That port of the Southwest Ouarter of Section 31, Township 41 North, Rnoge IL, East of the Third prinaipal Meridian. • described as follows: Beginning at the Intersection of to,. East line of Route 53 and a line 50.0 feet Northeasterly (measured at right anglus) of and Parallel With the Souch- ,� eantorly extension of tho center lion of Merge Roads thence �\ Morthcrly along the East 11110 of Route 57'aforesaid, 317.87 ' feed Thence Easterly at riallt angles thereto 7.31.50 feet; 'thence Southerly parallel With the East line of PaUka 51 aforesaid 434.79 foot to the aforesaid line of 50,0 feet Northeasterly Of the Southeasterly extension of the center .� line of Nerge Road: Thence Northwesterly along said 50.0 foot line 359.35 feet to the Faint of beginning. Cook County, Illinois- Subject to the following covenant and condition and tight of reversion: This conveyance is subject to the covenant and condition that said real estate shall he used primarily as a mental health • center to provide care,, services, programs and faciJit:.r.s to ' persons needing mental health treatment, including the mentally retarded and for those addicted to alcohol or drugs and Iodides - tally used for other community health programs and aorvicen. i •(1 ( l •: vILLAGE Or ESx, GROVR ^1JLI:ACE ~ iii Cl a4e rrcal o,L• ` rCIS U _.--�"✓I-.i tri it:pie--r F. XQ'�.._. A 4 a a r I I CHICAGO TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE A (CONTINUED) ORDER NO.: 1409 008879202 NSG 5. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS: THAT PART OF THE SOUTHWEST 1/4 OF SECTION 31, TOWNSHIP 41 NORTH, RANGE 11 EAST, OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF ROUTE 53 (AS PER DOCUMENT NUMBER 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 LINE OF THE SOUTHWEST 1/4 OF SECTION 31 AFORESAID); THENCE NORTHERLY ALONG THE EAST LINE OF ROUTE 53 AFORESAID, 317.87 FEET; THENCE EASTERLY AT RIGHT ANGLES THERETO, 231.50 FEET; THENCE SOUTHERLY PARALLEL WITH THE EAST LINE OF ROUTE 53 AFORESAID, 434.79 FEET TO THE AFORESAID LINE 50.0 FEET NORTHEASTERLY OF THE SOUTHEASTERLY EXTENSION OF THE CENTER LINE OF NERGE ROAD; THENCE NORTHWESTERLY ALONG SAID 50.0 LINE, 259.35 FEET TO THE POINT OF BEGINNING. PERM TAX# 08-31-400-033-0000 PCL 1 OF 1 VOLUME 50 "An IRIBIr Pcaeds Copyright American Lend Title Association. All rights maerved. The use of this one Is restrVcted to ALTA licensees and ALTA members == in good standing as or the dale of use. All other uses are prohibited. Reprinted underlicense loom the American Land Title Association, ew�0 COMLCOS 3II1 ML AL1 PACE AZ BJ 09/31/11 11:1493 1*1