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HomeMy WebLinkAboutRESOLUTION - 18-90 - 2/27/1990 - EG PARK DISTRICT/CONVEY PROPERTYRESOLUTION NO. 18-90 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 as "An Act in relation to the trans- fer 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, 1987); 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 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 three (3) parcels of real estate described in Section 2 hereof for Park District purposes by ordinance No. 133, 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 pro- perty to the Elk Grove Park District as long as the properties are to be used exclusively for park and recreational purposes 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 three (3) parcels of real estate to 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, titles, lateral feeders: a. Outlot A in Stapes Subdivision, being a Subdi- vision of part of the Northeast Quarter of Sec- tion 35, Township 41 North, Range 10, East of the Third Principal Meridian, in Cook County, Illinois. b. Outlot B in Stapes Subdivision, being a Subdi- vision of part of the Northeast Quarter of Sec- tion 35, Township 41 North, Range 10, East of the Third Principal Meridian, in Cook County, Illinois. C. Outlot C in Stapes Subdivision, being a Subdi- vision of part of the Northeast Quarter of Sec- tion 35, 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 conveying the real estate legally described in Section 2 to Elk Grove Park District subject to the covenant and condition that said real -2- estate shall be us ' exclusively for park an, -ecreational pur- poses 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 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 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, 499 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. Section 5: That the President and this Board 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 ac- cording to law. VOTES: AYES: 5 ATTEST: Patricia S. Smith VILLAGE CLERK NAYS: 0 APPROVED: ABSENT:, 1 Charles J. Zettek VILLAGE PRESIDENT PASSED this 27thday of February 1989. APPROVED this 27thday of February 1989. -3- -4 - EXHIBIT A Out Lots "A", "B", and "C" in Stape's Subdivision being a Subdivision of Part of the Northeast Quarter of Section 35, Township 41 North, Range 10 East of the Third Principal Meridian, in Cook County Illinois, as evidenced by the Plat thereof recorded with the Recorder of Deeds, Cook County, Illinois as Document No. 24920238. ORDINANCE NO. 133 ELK GROVE PARR DISTRICT AN ORDINANCE DECLARING THE NECESSITY AND CONVENIENCE OF THE USE AND OCCUPANCY OF OUT LOTS "A", "B", AND "C" IN STAPE'S SUBDIVISION WHEREAS, the Elk Grove Park District is a municipal corporation and body politic of Cook County, Illinois, and was organized for the purpose of establishing, developing, maintaining and operating parks and recreational activities, and WHEREAS, the Village of Elk Grove Village 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 Illinois Revised Statutes), and WHEREAS, the Village of Elk Grove Village is the present owner of certain parcels of land for which it has no further use, legally described on Exhibit A attached hereto which is by this reference incorporated herein and made part hereof. WHEREAS, it is necessary and convenient that the Elk Grove Park District use and occupy the subject real estate for park and recreational purposes. NOW, THEREFORE, BE IT ORDAINED, by the Board of Commissioners of the Elk Grove Park District, County of Cook, Illinois, that it is necessary and convenient for the Elk Grove Park District to use -2 - and occupy the subject real estate for park and recreational purposes. FURTHER ORDAINED that the Elk Grove Park District and the Board of Commissioners thereof hereby indicate the intent of Elk Grove Park District to accept a conveyance of said property from the Village of Elk Grove Village subject to restrictions and conditions of record and subject to such reservations and rights of reverter or reentry as said Village of Elk Grove Village shall impose in such conveyance. FURTHER ORDAINED that the officers of the Elk Grove 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 this ordinance. FURTHER ORDAINED that this ordinance shall be in full force and effect from and after its passage and approval according to law. PASSED: This ?1.r day of gpntamhPr 1989. APPROVED: This 21st day of September 1989. RECORDED: This 21st day of September 1989. VOTE: Ayes: Patricia Clifford Frank Ciangi J.M. Heffern Frank Czarnik ,Steve Partman ATTEST: Sepr_etary Nayes: None Absent: none Presiden -3 - STATE OF ILLINOIS ) SS COUNTY OF C O O K ) I, FRANK J. CZARNIK, 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 (duplicate) of a certain ordinance entitled: ORDINANCE NO.133 ELK GROVE PARK DISTRICT AN ORDINANCE DECLARING THE NECESSITY AND CONVENIENCE OF THE USE AND OCCUPANCY OF OUT LOTS "A", "B", AND "C" IN STAPE'S SUBDIVISION that the foregoing was passed by the Board of Park Commissioners of said Elk Grove Park District on the 21st day of September 1989, 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 21st day of September 1989. i Secretary (SEAL) Elk Grove Park District GEORGE E. COLE' NO 821 LEGAL FORMS April, 1980 QUIT CLA EED Statutory (ILLINOIS) (Corporation to Corporation) CAUTION-. 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All warranties, including mercneatabmry and blaess, are excl✓ded THE GRANTOR THE VILLAGE OF ELK GROVE VILLAGE, a municipal corporation a corporation created and existing under and by virtue of the laws of the State of _Illinois and duly authorized to transact business in the State of Illinois for the consideration of TEN AND NO/100 ($10.00) ------ -- DOLLARS, in hand paid, and pursuant to authority given by the Board of of said corporation, CONVEYS and QUIT CLAIMS to THE ELK GROVE PARK DISTRICT, a municipal corporation OFFICIAL BUSINESS VILLAGE OF ELK GROVE VILLAGE By: VILLAGE ATTORNEY (The Above Space For Recorder's Use Only) a corporation organized and existing under and by virtue of the laws of the State of_ Illinois have r its principal office at the following address 499 Biesterfield Road., Elk Grove Vil age, Illinois _ all interest in the following described Real Estate situated in the County of Cook and State of Illinois, to wit: See Legal Description Rider Attached Hereto and Incorporated Herein In Witness Whereof, said Grantor has caused its corporate seal to be hereto affixed, and has caused its name to be signed to these pre ents by itsVi IlagO -sident, and attested by its Clerk XYAW=, this 27th day of y , 19_9 VILLAGE OF ELK GROVE VILLACF IMPRESS (NAME OF CORPORATION) CORPORATESEAL BY Charles J. Zettek HERE CHARLES J. ZETTEK Village PRESIDENT ATTEST: Patricia S. Smith PATRICIA S. SMITH Village Clerk State of Illinois, County of Cook ss. 1, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY, that Charles LT. Zettek personally known to me to be the Village President of the Village of Elk Grove Village, a municipal corporation corporation, and Patricia S. Smith personally known to me to be the Clerk . %Xi* fYgbf said corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared IMPRESS before me this day in person and severally acknowledged that as such Village NOTARIALSEAL President and Clerk MX*XXA they signed and delivered the said instru- HERE ment 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 Commission expires 19 19_ This instrument was prepared by George ._B. Kn_ickerbocker_, __575 Lee Siireet (NAME AND ADDRESS) Des Plaines, IL Thomas Hoffman Olson, Grabill & Hoffman (Name) MAIL TO: 707 Skokie Blvd. Suite 420 (Addreee) Northbrook, IL 60062 --- (Lary.—Stale and Zip) OR RECORFFR'S OFFICE BOX NO. _ - - __ ADDRESS OF PROPERTY: a TIIF AoOVF ADDRESS IS FOR Sl"ATISTICAL PURPOSES ONLY AND IS NO] A PART 01'"r111S DEED. SP.ND SIIaSEOUENTTAX 1111. ISTD: exemption for Elk Grove Park District 499 Biesterflkeeld Road Elk -Grove- V�a��ge�� -601307 U to M a tD X rt & � 0 rl rt 0 a �+ o • a m ron h � am a a M r a ro� p N rt -- a tr rI• (p m w a rt G M rD LEGAL DESCRIPTION RIDER PARCEL 1• Outlot A in Stapes Subdivision, being a Subdivision of part of the Northeast Quarter of Section 35, Township 41 North, Range 10, East of the Third Principal Meridian, in Cook County, Illinois Permanent Index No.: 07-35-207-052 Address: Northeast Corner of Nerge Road and Cutter Lane, Elk Grove Village, Illinois PARCEL 2• Outlot B in Stapes Subdivision, being a Subdivision of part of the Northeast Quarter of Section 35, Township 41 North, Range 10, East of the Third Principal Meridian, in Cook County, Illinois Permanent Index No.: 07-35-201-027 Address: Parcel lying East of Plum Grove Road and North of Blue Jay Court and Long Boat Drive, Elk Grove Village, Illinois PARCEL 3: Outlot C in Stapes Subdivision, being a Subdivision of part of the Northeast Quarter of Section 35, Township 41 North, Range 10, East of the Third Principal Meridian, in Cook County, Illinois Permanent Index No.: 07-35-201-028 Address: Northwest Corner of Long Boat Drive and Cutter Lane Elk Grove Village, Illinois SUBJECT TO: Section I. Covenants, conditions, limitations and restric- tions of record, private and public easements, drainage ditches, tiles and lateral feeders, and the covenant and condition that the above legally described 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; and Section II. If any breach of the covenant and condition provided in Section I 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, 499 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. This conveyance is made pursuant to the Official Business of the Village of Elk Grove Village.