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
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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.
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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
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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
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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-. Canauh a lawyer helae lat ag le acnvg w t a this loam.
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
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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.