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HomeMy WebLinkAboutRESOLUTION - 45-14 - 10/14/2014 - CONVEYANCE OF PROPERTY - PARK DISTRICTRESOLUTION NO. 45-14 A RESOLUTION AUTHORIZING AND DIRECTING THE CONVEYANCE OF CERTAIN PROPERTY LOCATED IN ELK GROVE VILLAGE TO THE ELK GROVE VILLAGE PARK DISTRICT WHEREAS, the Village of Elk Grove Village and the Mayor and Board of Trustees thereof, and the Elk Grove Park District are municipalities as defined in the Local Government Property Transfer Act 50 ILCS 605/1; 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, the Elk Grove Park District has found and determined that it is necessary and convenient for it to use, occupy and/or improve the parcel of real estate described in Section 2 hereof for Park District purposes by Ordinance No. 357 a copy of which is attached hereto and made a part hereof as Exhibit "A"; and WHEREAS, said Ordinance requires certain representations from the Village with respect to the Real Estate, which representations are set forth in Paragraphs A — E of the preamble of said Ordinance; and WHEREAS, the Mayor and Board of Trustees agree to convey the Real Estate subject to said representations, as long as the properties are to be used for park or recreational purposes for the benefit of the public, and as long as title to the property is not conveyed by the Park District. NOW, THEREOFRE, IT IS HEREBY RESOLVED, by the Mayor 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 parcel of real estate be conveyed by Quit Claim Deed to the 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, titles, lateral feeders: LOT 3496 AND THE NORTHERLY 175.00 FEET, AS MEASURED AT RIGHT ANGLES TO THE NORTHERLY LINE THEREOF OF LOT 3497 IN ELK GROVE VILLAGE SECTION 11, BEING A SUBDIVISION OF SECTIONS 32 AND 33, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. Section 3: That the Village Mayor and Village Clerk be and are hereby authorized to execute a Quit Claim Deed, 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. 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. Section 5: That the Mayor and Village Clerk be and hereby are authorized and directed to execute the appropriate conveying instruments 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. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 14'h day of Octobder 2014. APPROVED this 14t1i day of October 2014. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Judith M. Keegan, Village Clerk Cuuv"pwpertvPkDis(2014 Exhibit A ORDINANCE NO. 357 ELK GROVE PARK DISTRICT AN ORDINANCE DECLARING IT NECESSARY OR CONVENIENT FOR THE ELK GROVE PARK DISTRICT TO USE, OCCUPY OR IMPROVE CERTAIN PEAL ESTATE LOCATED ON BRANTWOOD DRIVE, ELK GROvE VILLAGE, ILLINOIS. FOR PARK AND RECREATIONAL PURPOSES WHEREAS, ,the Elk Grove Park District ("Park District") is a municipal corporation and body politic, organized and operating pursuant to the provisions of the Illinois Park District Code (70 ILCS 1205/ 1-1 et seq.) and all laws amendatory thereof and supplementary thereto, including the Local Government Property Transfer Act (50 ILCS 605/ 1 et seq.) ("Act"), the territory of which is located partly within and partly without the corporate limits of the Village of Elk Grove Village, Illinois; and WHEREAS, the Village of Elk Grove Village ("Village") is a home rule municipality; and WHEREAS, the Park District and the Village are each a "municipality" as defined in the Act and have overlapping boundaries with each other; and WHEREAS, the Village owns and holds a certain parcel of real estate the ("Real Estate") located on Brantwood Drive in Elk Grove Village, Illinois which is legally described on Exhibit A attached hereto; and WHEREAS, the Village wishes to transfer all of its right, title and interest in the Real Estate to the Park District by quit claim deed for park or recreational purposes upon receipt by the Village, if at all (but not later than June 1, 2016), of a written request from the Park District for such quit claim deed, but subject to a right of reverter to the Village in the event that the Park District shall cease to use the Real Estate for park or recreational purposes and subject to the Village (as an inducement to the Park District to accept a conveyance of the Real Estate from the Village): (1) making the following representations to the Park District in the Resolution (the "Resolution") to be adopted by the Village authorizing and directing the conveyance of the Real Estate to the Park District in accordance with the applicable provisions of the Act, to -wit: (A) No proceeding, suit, administrative action or examination, demand or claim of any type has been instituted, or to the best of the Village's knowledge, is contemplated or threatened against the Real Estate (or any part thereof), and the Village is not aware of pending or threatened litigation, proceedings, administrative action or examination, demand or claim in which any person or entity alleges the presence, release, threat of release on or in the Real Estate, of any spills or disposal of Hazardous Substances (hereinafter defined) that have occurred on or off the Real Estate as a result of any construction on or operation and use of the Real Estate, or the presence of equipment containing polychlorinated biphenyl ("PCB"), the presence of asbestos in use or on the Real Estate, or of the generation, transportation, storage, treatment or disposal at the Real Estate of any Hazardous Substance. For the purposes of this representation, a "Hazardous Substance" shall be defined to include (a) hazardous waste as defined under the Resources Conservation Recovery Act (RCRA), 42 USC Sections 6901, et seq., or (b) hazardous substance as defined under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 USC Sections 9601, et seq., or (c) hazardous substance as defined under Illinois Environmental Protection Act (IEPA), 415 ILCS 5/ 1, et seq., or (d) any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic materials, a hazardous or toxic substance, or other similar term by any federal, state or 2 local statute, regulation or ordinance presently in effect or that may be promulgated in the future as such statutes, regulations or ordinance may be amended from time to time the date of conveyance of the real estate to the Park District by the Village; (B) Neither the Village nor, to the best of the Village's knowledge, any previous owner of the Real Estate or any third party has (i) used, generated, stored, transported, treated, or disposed of any Hazardous Substance on the Real Estate, or (ii) informed any governmental authority or agency, federal, state or local, or any private entity, including, but not limited to, any prior owners of the Real Estate, relating in any way to the presence, release, placement on or in the Real Estate, or the generation, transportation, storage, treatment or disposal at the Real Estate of any Hazardous Substance, except in each case in accordance with all applicable environmental laws; (C) No hazard presently exists or may have previously existed on the Real Estate which would be deemed a violation of any federal, state, county or local environmental protection statute, act, ordinance or code, and that to the best of the Village's knowledge, no Hazardous Substance has been released or discharged on the Real Estate; (D) The Village has not received any notice from any governmental authority of any zoning, building, fire or health code violations in respect to the Real Estate that have not heretofore been corrected, and the Village knows of no such violations; and (E) That at and as of the Closing all bills and invoices for labor and material of any kind contracted for or incurred by Village relating to the Real Estate will have been paid in full, and there will be no mechanic's liens or other claims outstanding or available to any Party in connection with the Real Estate, as a result of any act of the Village; and 3 (2) That the representations contained in Paragraphs (A) -(E) above shall be deemed remade as of and shall survive the consummation of the conveyance of the Real Estate by the Village to the Park District for a period of one (1) year, except for those representations pertaining to environmental matters, which shall survive said conveyance for a period of four (4) years, and that the Village shall indemnify, defend and save harmless the District of and from any claim, loss, liability, cost or expense (including reasonable attorney's fees) arising out of any breach of any representation made by the Village in the Resolution. WHEREAS, the Park District is willing to accept a conveyance of the Real Estate from the Village by quit claim deed on the above terms and to record the executed deed in the Cook County Recorder's Office at the Park District's sole cost and expense. NOW, THEREFORE, BE IT ORDAINED by the Board of Park Commissioners of the Elk Grove Park District, as follows: 1. That the recitals set forth hereinabove are true and correct and are incorporated into the text of this Ordinance to the same extent as if each of such recitals had been set forth here in its entirety. 2. That it is.necessary or convenient for the Park District to use, occupy or improve the Real Estate for park and recreational purposes. 3. That the Park District may accept a conveyance of the Real Estate on the above and foregoing terms, provided the Village has adopted the necessary authorizing Resolution as contemplated by the Act. 4. That the officers of the Park District be and are hereby directed to take such steps and execute such documents as shall be necessary or advisable to accomplish the intent of this Ordinance. S. That any ordinance, resolution, rule, regulation or policy of the Park District in conflict or inconsistent herewith is hereby expressly repealed to the extent of such conflict or inconsistency. 4 6. That this Ordinance shall be in full force and effect from and after its passage and approval. ADOPTED this 23rd day of October, 2014. VOTE: AYES: NAYS: Commissioner O'Malley Commissioner Biedke Commissioner Walz President Cooke ABSENT: Commissioner Souder Secreta Board of Park Commissi ers Elk Grove Park District C President Board of Park Commissioners Elk Grove Park District STATE OF ILLINOIS ) ) SS. COUNTY OF COOK j I, JOHN WALZ, DO HEREBY CERTIFY that I am the duly elected, qualified and acting Secretary of the Elk Grove Park District and of the Board of Park Commissioners of the Elk Grove Park District; and that I have access to the official minutes of the meetings of the Board of Park 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. 357 ELK GROVE PARK DISTRICT AN ORDINANCE DECLARING IT NECESSARY OR CONVENIENT FOR THE ELK GROVE PARK DISTRICT TO USE, OCCUPY OR IMPROVE CERTAIN REAL ESTATE LOCATED ON BRANTWOOD DRIVE, ELK GROVE VILLAGE, ILLINOIS, FOR PARK AND RECREATIONAL PURPOSES that the foregoing was passed by the Board of Park Commissioners of said Elk Grove Park District on the 23rd day of October, 2014, 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) is now on file in the office of such Secretary. GIVEN under my hand and seal of the Elk Grove Park District this 23rd day of October, 2014. (SEAL) 0 Secretary EXHIBIT A LOT 3496 AND THE NORTHERLY 175.00 FEET, AS MEASURED AT RIGHT ANGLES TO THE NORTHERLY LINE THEREOF OF LOT 3497 IN ELK GROVE VILLAGE SECTION 11, BEING A SUBDIVISION OF SECTIONS 32 AND 33, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. 7