HomeMy WebLinkAboutORDINANCE - 3622 - 8/13/2019 - 1 Jackson/931 Mississippi real estate contractORDINANCE NO.3622
AN ORDINANCE AUTHORIZING THE MAYOR AND VILLAGE CLERK TO ENTER
INTO A REAL ESTATE SALE CONTRACT WITH JAMES AND KATHRYN
MCGOUGH FOR THE SALE OF VILLAGE OWNED REAL ESTATE COMMONLY
KNOWN AS 1 JACKSON CIRCLE. ELK GROVE VILLAGE
WHEREAS, the Village of Elk Grove Village is a Home Rule Municipality as
authorized and set forth in the Constitution of the State of Illinois of 1970; and
WHEREAS, the Village, as a home rule unit, may exercise any power and perform any
function pertaining to its government and affairs including the power to convey real estate; and
WHEREAS, the Mayor and Board of Trustees of the Village of Elk Grove Village
adopted an ordinance known as Ordinance No. 1214 on April 11, 1978, which Ordinance
establishes the right of the Village to convey real estate by contract or negotiated sale, as
opposed to the solicitation of public bids, pursuant to the Village's home rule authority and as
deemed to be in the best interests of the Village, provided that such contract is approved by a 2/3
vote of the Corporate Authorities present and voting at the time such contract is approved; and
WHEREAS, said Ordinance further authorizes the Village Manager to pursue
negotiations with prospective purchasers for property owned by the Village and for which there
is no public need therefore, either now or in the future; and
WHEREAS, the Village is the owner of certain real estate located at 1 Jackson Circle
and legally described as follows:
LOT 3, BLOCK 17, 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, AS RECORDED IN THE
RECORDER'S OFFICE OF COOK COUNTY, ILLINOIS ON MARCH 30, 1977,
AS DOCUMENT 23869152, IN COOK COUNTY, ILLINOIS; and
WHEREAS, the Village Manager, pursuant to the authority of Ordinance No. 1214 has
entered into negotiations with prospective purchasers with respect to the sale of said real estate;
and
WHEREAS, the Village Manger is in receipt of an offer to sell said property to James
and Kathryn McGough (Purchasers), for a purchase price of One Hundred Twenty -Nine
Thousand Dollars ($129,000.00), subject to the terms and conditions therein contained, a copy of
which is attached hereto and incorporated herein, as Exhibit A; and
WHEREAS, the Mayor and Board of Trustees deem it to be in the best interests of the
Village that said offer be accepted and that the Village convey the above -referenced property to
Purchasers.
NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Board of Trustees of the
Village of Elk Grove Village, Counties of Cook and DuPage Illinois, in exercise of its Home
Rule authority as follows:
Section 1: That the Mayor and the Village Clerk are hereby authorized to execute that
sales agreement identified as Exhibit A attached hereto with James and Kathryn McGough, for
the sale by the Village of property located at 1 Jackson Circle, Elk Grove Village, Illinois and
identified as permanent real estate index number 07-35-406-003-0000 for the purchase price of
One Hundred Twenty -Nine Thousand Dollars ($129,000.00).
Section 2: That the Village Manager, and the Village Attorney, or their designated agent,
are hereby authorized to initiate such proceedings as are required by the conditions of said real
estate sale contract in order for the Village to fulfill its obligations therein contained.
Section 3: The Village Clerk is authorized to publish this Ordinance in pamphlet form.
Section 4: That this Ordinance shall be in full force and effect from and after its passage,
approval and publication according to law.
VOTE: AYES: 6 NAYS:0 ABSENT:O
PASSED this 1311 day of August 2019.
APPROVED this 131h day of August 2019.
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Loretta M. Murphy, Village Clerk
PUBLISHED this 16th day of August 2019 in Pamphlet form.
EXHIBIT "A"
AGREEMENT - REAL ESTATE TERMS AND CONDITIONS FOR
CONVEYANCE OF VILLAGE -OWNED PROPERTY
This Agreement, is entered into this 21� day of July, 2019, by and between the Village of Elk Grove Village, an Illinois municipal
corporation, and Kathryn E. and James R. McGough and sets forth the terms and conditions relative to the conveyance of a parce
of vacant real property owned by the Village and commonly known as 1 Jackson Circle (also known as 931 Mississippi Lane), Elk
Grove Village, Illinois, 60007.
PARTIES AND SALE.
A. The Village of Elk Grove Village, of Cook and DuPage Counties, lHinois, an. Illinois municipal corporation (the
`Village'), agrees to sell to Purchaser (as defined below), subject to the terms and conditions set forth herein in this
Agreement, a vacant parcel of real property commonly known as 1 Jackson Circle, Elk Grove Village, Illinois, 60007,
with a PIN of 07-35406-003-0000, as legally described in Exhibit 1 (the 'Village Parcel'); and
B. Kathryn E. and James R. McGough (`Purchaser") agrees to purchase from the Village, subject to the terms
and conditions set forth in this Agreement, the Village Parcel described herein and legally described in Exhibit 1; and
PURCHASE PRICE. The total purchase price (the "Purchase Price") to be paid by Purchaser is
$129,900) , subject to the provisions set forth in this Agreement No later than
two (2) business days following execution of this Agreement by the parties, Purchaser shall deposit with Chicago Title,
as escrow agent, the sum of $13,000 (the "Deposit"), which Deposit shall be held in escrow by Escrow Agent pending
zbsing. The Deposit shall be fully non-refundable and shall be paid to Village, except in the event that Purchaser
terminates this Agreement as provided for in Section 4 below or unless the Village is in default under the terms of this
Agreement. The Deposit shall be credited toward the Purchase Price at Closing or distributed by Escrow Agent to Village
in the event that Escrow Agent receives written notice from Village that Purchaser has failed to close on the transaction
as provided for in this Agreement, unless such failure is the result of Purchaser's right to terminate pursuant to Section
4 below or the result of Village's default under the terms of this Agreement. At Closing, Purchaser shall pay to Village, in
good and available funds by wire transfer or cashier's check, the Purchase Price, less the Deposit, plus or minus any
prorations as provided herein.
3_ CLOSING DOCUMENTS. The Village agrees to convey the Village Parcel to the Purchaser by a recordable Quit Claim
Deed (the "Deed'), subject only to the Permitted Exceptions. On the Closing Date, the obligations of the Purchaser and
Village shall be as follows
The Village shall deliver or cause to be delivered to the Title Company:
• the original executed and properly notarized Deed, and Plat Act Affidavit, if required;
• the original executed and properly notarized Affidavit of Title, Warranty and Covenant;
• the original executed and property notarized Non -Foreign Affidavi
• counterpart originals of the Village's closing statement
• such other standard closing documents or other documentation approved by the Village, in the Village's
reasonable discretion, and/or required by applicable law or the Title Company to effectuate the transaction
contemplated hereby, including, without limitation, ALTA statements and GAP Undertaking, such other
documentation as is reasonably required by the Title Company to issue Purchaser its owners title insurance
policy in accordance with the Proforma Title Policy and in the amount of the Purchase Price insuring the fee
simple title to the Property in the Purchaser as of the Closing Date, subject only to the Permitted Exceptions.
Purchaser shall deliver or cause to be delivered to the Title Company:
• the balance of the Purchase Price, plus or minus prorations;
• counterpart originals of Village's closing statement;
342369
ALTA Statement and such other standard closing documents or other documentation approved ov min
Purchaser, in Purchaser's reasonable discretion, and/or as is required by applicable law or the Title GomDara
to effectuate the transaction contemolated nerer-
The parties acknowledge that as the Village is a governmental entity, this transaction is exempt from any State,
County or local real estate transfer tax pursuant b 35 ILCS 200/31-45(b), The Village is obligated b fumish
completed Real Estate Transfer Dedaradoons signed by the Village and the Purchaser in the form required pursuant
m the Real Estate Transfer Tax Act of the State of Illinois and Cook County.
Unless otherwise provided herein, all Closing Costs snap be the responsibility of the Purdmw
TITLE Ctl111111111IT EM. Within thirty (30) days of the Effective Date of this Agreement, the Village, at the Village's cost
aria expense, shalt deliver to the Purchaser, a title commitment (the 'Me CommifarMnt') issued by Chicago Title
Insurance Company (the Title Company'), in the amount of the Purchase Price, subject only to 0) the exclusions and
condo" contained in the Title Commitment; (ii) the restrictions and reservations, if any, contained in the Deed; (ii) 2019
general real estate taxes not yet due and payable and subsequent years; (iv) existing encroachments by neighbor ;
residential properties onto the Property, (v) utility and drainage easements and such other covenants, easements,
building line(s), restrictions and matters of record; (vi) any additional easements recommended by the Village Engineer
to be part of the conveyance; and (vi) acts done or suffered by or judgments against the Purchaser (collectively, the
'Permitted ExcePhoW). H the Tile Commitment discloses exceptions to tine, which are not acceptable to Purchaser (the
'Unpermitfed Exceptions'), Purchaser shalt have thirty (30) days from the delivery of the Title Commitment to object to
the Unpermitted Exceptions. Purchaser shag provide the Village with a title objection letter (the 'Purchaser's Objection
Letter') listing those matters which are not Permitted Exceptions. The Village shall have thirty (30) days tom the data
of receipt of the Purchaser's Objection Letter ('Village's Cure Period') to have the Unpermitted Exceptions removed from
the Title Cdxrtmitrnent or to cure such Unpermitted Exceptions or to have the Tile Company commit to insure against
loss or damage that may be occasioned by such Unpermitied Exceptions, and the time of Closing shag be extended
thirty (30) days. If the Pillage fails to have the Unpermitted Exceptions removed or in the alternative, to obtain a Tile
Commitment insuring the Unperrnitled Exceptions within the specified time (the'Proforma Tile Poky'), Purchaser may
elect to either (i) terminate this Agreement, at which time the Purchaser shall be entitled to have the Deposit, minus any
costs incurred by the Village, returned b Purchaser, or (1) Close toldng subject to such Unpermitted Exceptions. AN
Unpermitted Exceptions, which the Title Company commits to insure, shall be included within the definition of Permitted
Exceptions. The Proforma Tile Poky shag be conclusive evidence of good title as herein shown as to all matters
insured by the Title Company, subject only to the Perrniffied Exceptions. The Purchaser shall pay the cost for any later
date file commitment and the cost of the Tile Company issuing a Proforma Tile Policy to Purchaser. The Tile
Commitment shag, at Purchaser's cost, provide far extended coverage. Tice endorsements requested by the Purchaser
for its owners' policy andfor loan title policy shall be paid for by the Purchaser. Village shag furnish to the Purchaser an
affidavit of Ole in customary form, reasonably acceptable to Purchaser.
5. DEED. The Village Parcel shall be conveyed to Purchaser by the Village through the Deed, which shag be a recordable
Wtch m deed. The Deed shall provide that the Village Parcel is being conveyed in 'AS IS, WHERE IS' condition,
including any environmental conditions existing in, on or beneath the Property.' If public utilities, sleet fighting, sanitary
or storm sewers, fire hydrants and related water arm Ines, public sidewalm or any other above or below grade
intaslruct re or pudic improvements are bested within any portion of the Village Parcel to be sold, the Village chap
reserve in the quitclaim deed, a public utifity or sidewalk easement of sufficient size to accommodate the repair,
replacement, or maaitenanoe of the public facilities or the installation of adcitiorial pubic fadties. The Village Engines:,
in his or her discretion, shay determine the size of the required easement area. The Deed will not reprove or release any
existing non -Village easement rights or other conditions of pubic record that are enbrceable by other persons or private
or public entities.
6. SURVEY. Within 45 days of the effective data of this Agreement, the Village shag order and obtain an ALTA/ACSM
bpographical survey of the Village Parcel, prepared by an Illinois registered surveyor and made in compliance with ALTA
and Land Survey Standards (and shall satisfy, at a minimum, Table A Options 6, 8, 10, and 11(b)) dated subsequent to
the data of this Agreement, certified to the Purchaser, the Village and the Tile Company, depicting the land,
improvements, manholes, structures and utility lines in, over, under or upon the Village Parcel, the locations of all
easements upon the Village Parcel or appurtenant thereto (identified by the Recorder's Document Number) and showing
encroachments, if any, from or upon adoinng property or upon any easements bested on the Village Parcel, certifying
the number of square feet (or the number of acres) to not lass than lino decimal points, of the Village Parcel, and further
certifying whether or not the land is located with a federal Hood plain (hereinafter referred to as the 'Sty. A copy
of said Survey dial be provided to the Purchaser by the Village within fire days of the Village's receipt of same. The
Purchaser shall pay the cost of the Survey. Upon approval of the Survey, the legal description in EXHIBIT `A' shall be
aubmaticaly, revised to be that of the legal description in the Survey and Title Commitment At either partyls requesw
any changes to the legal description shall be confirmed in writing and signed by both parties.
CLOSING. The time of dosing (time 'CkWng') on the Village Parcel shall be say (60) days from the Effective Date of
this Agreement (the *Closing Datel or on such other date mutually agreed upon by the Parties, at the office of the Title
Company or other location mutiny agreed upon by the Parties, provided the terms and conditions set forth herein have
been complied with.
TllIE OF ESSENCE. Time is of the essence in carrying out the Village Parcel conveyance set tort herein.
NOTICE. Any and all notices, demands, consents and approvals required under this Agreement shag be vent and
seemed received if sent by fax or email, with an additional copy sent by certified mad, return receipt requested, addressed
as follows:
!f b the Village
Village of Bk Grove Village
Attn: Assistant Village Manager, with Copy to Vitags CON
D WetCmgton Avenue
Elk Grove Village, Illinois 60007
With copy to:
Village of Elk Grove Village
Attn: Village Cleric
901 Wellington Avenue
Elk Grove Village, Illinois 60007
If to Purchaser
Kathryn and James McGouoh
1585 Edgdeld Ln.
Hotknan Estates Illinois 60169
With copy to:
Attorney For Purchase -
Michael J. Cozzi. P`_'
215 N. Arlington Heights Rd_, Ste. #t203
Arlinalon Heights Illinois 60004
10. VENUE. This Agreement shall be oonstrued and enforced in accordance with the laws of the State of glnois. The venue
for any action or proceeding arising out of, or related to, this Agreement shall be in Cook County, Illinois.
11. EXENPT. The Parties acknowledge that as the Village is an Illiaois municipal corporation, the conveyance of the Village
Parcel is exempt from any State, County or local real estate transfer tax pursuant to 35 ILCS 20OW-45(b). The Woo
is obligated to finish completed Real Estate Transfer Declarations signed by the Parties or their agent in the form
required pursuant to the Real Estate Transfer Tax Act of the State of Itiinois.
:2. VILLAGE APPROVAL. As the Wage is an Illinois Mlung)d Corporation, lha Agreement is subject to the approval of,
and is not enforceable until, the Agreement is approved at an open meeting by the Mayor and Board of Trustees and
executed by the Mavrr
392369 1
13. AMEI D MT. This Agreement embodies the entire agreement between the Parties hereto with respect to the
eonvayanoe of the Village Parcel. No e)*mlons, Changes, modifications or amendments to or of this Agreement, of any
kind whatsoever; shag be made or claimed by either of the Parses, and no notices of any extension, change, modification
or amendment made or claimed by either Party (except with respect to permitted unilabral waivers of conditions
precedent by a Purchaser) shall have any face or affect whatsoever unless the same shall be endorsed in writing and
fly signed by both Parties.
4. PROPERTY SOLD `Aug.W; PURCHASER ACKNOWLEDGEMENT OF USE AND CONDn1DN OF PROPERTY. The
Purchaser admowledges that the Vftp Parcel will be conveyed to Purchaser by the Vftp in `AS IS, WHERE IS'
=d fion. including any environmental conditions existing in, on or bend the Vftp Parcel- The Village makes no
representations or warranties regarding the physical, environmental or structural condition of the Village Parcel or of any
buildings thereon, including but not funded to layout, square footage, zoning, use and occupancy restrictions,
susoeptibill l to flooding or, with respect to the exislenoe or absence of bxic or hazardous materials, substances or
wastes in, on or affecting the Village Parcel, its soil or grouuhdwater, the scope and extent of any remediation performed
on the Village Parcel or the presence or lack of radon, asbestos, underground storage tanks, or other wrAronmental
contamination on, in or under the Village Parcel. As part of this Agreement, the VNage assigns b Purchaser any and all
sights b any dales 4 may have against prior owners of the Village Parcel pertaining to the environmental condition of
the lfcllage Parcel, except for those rights necessary for the VNage b retain to protect bag from such liability. Purchaser
has inspected the Village Parcel which is being sold in 'AS IS' condition with all faults and accepts the Village Parcel in
its condition as of the Effective Date of this Agreement The Purchaser expressly waives any claims against the Village
and its respective agents, employees, officers, directors, a woessors and assigns for any defects that may exist or be
discovered by the Purchaser. Purchaser has not retied on any information provided by the Milege in connection with this
Iransection.
15. EXHIBITS. The t#uw ft Exhibits, Schedules, Riders or attachments are atached and made a part hereof by reference:
Exhibit f - Legal Description - Village Parce
16. EFFECTIVE DATE. This Agreement shall be deemed dated and become effective on the date that the authorized
Watories of the Village shall sign the Agreement, which date shag be the date staffed below the Village's signature.
392369
i3d"1
:AW De:ab*m of Mite P*Td
LOT 3. BLOCK 17. IN WINSTON GROVE SECTION 22 SOUTH. BEING A SUBDIVSION IN SECTIONS
35 AND 36, TOWNSHP 41 NORTH, RANG 10, EAST OF THE THIRD PRI WAL MERIDIAN. AS
RECORDED IN TFE RECORDER'S OFFICE OF COOK COUNTY. ILUNOIS ON MARCH 30.1977. A
DOCUMENT 23869152. IN COOK COUNTY. ILUNOIS.
ADDRESS: 1 Jackson Circle. Elk Grave Village. Illinois_ 60007
•2_369 1
ASS WHEREOF. the oarbas hereto have exemded this Aareement on the dates) set iorth below:
R: VILLAGE:
Kadin E. ftGough and James R. MWough ELK GROVE VI Cook d DuPage Counties.
�u'tj►i\� ewy ri
� s
Arm
Midaei J. Cozzi, Ail m" for Purchaser
Email: michseicoai®mac_cor-
Phone_ (847M2-Wk,
Address: 215 N. Arlington Heights Rd, N. 201
Arlington Heights. IL 60004
392369 :
Rv
"slAA9:
Tie:
• _��
ME rqm"�
r.
-13
7--3