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HomeMy WebLinkAboutRESOLUTION - 58-88 - 9/13/1988 - CONVEYING PROPERTY TO EG PARK DISTRICT RESOLUTION NO. 58-88 A RESOLUTION AUTHORIZING AND DIRECTING THE CONVEYANCE OF CERTAIN PROPERTY LOCATED IN ELK GROVE VILLAGE TO ELK GROVE PARR 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 transfer 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 five (5 ) parcels of real estate described in Section 2 hereof for Park District purposes by Ordinance No. i26 , 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 property to the Elk Grove Park District as long as the properties are to be used as a park 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 five ( 5 ) parcels of real estate 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. Lot 9001A in Winston Grove Section 23A, being a subdivision in parts of Section 25 and 26 , Township 41 North, Range 10 , East of the Third Principal Meridian, according to the Plat thereof , recorded in the Recorder ' s Office of Cook County, Illinois on July 31 , 1978 , as Document No. 24559901 , in Cook County, Illinois ; and b. Lot 9001B in Winston Grove Section 23A, being a subdivision in parts of Sections 25 and 26 , Township 41 North, Range 10 , East of the Third Principal Meridian, according to the Plat thereof , recorded in the Recorder' s Office of Cook County, Illinois on July 31 , 1978 , as Document No. 24559901 , in Cook County, Illinois ; and C. Lot 9002 in Winston Grove Section 23A, being a subdivision in parts of Sections 25 and 26 , Town- ship 41 North, Range 10 , East of the Third Principal Meridian, according to the Plat thereof , recorded in the Recorder ' s Office of Cook County, Illinois on July 31 , 1978 , as Document No. 24559901, in Cook County, Illinois ; and -2- d. Lot 9003A in Plat of Resubdivision Number 3 in Winston Grove Section 23B, being a subdivision of part of Section 26 , Township 41 North, Range 10 , East of the Third Principal Meridian, accor- ding to the Plat thereof, recorded in the Recorder ' s Office of Cook County, Illinois on July 2 , 1985, as Document No. 85086193 , in Cook County, Illinois ; and e. Lot 9004 in Winston Grove Section 23B, being a subdivision of part of the South East , of Section 26 , Township 41 North, Range 10 , East of the Third Principal Meridian, according to the Plat thereof , recorded in the Recorder ' s Office of Cook County, Illinois on December 11, 1978 , as Document No. 24757505 , 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 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 . 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. -3- 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 according to law. VOTES : AYES : 5 NAYS : 0 ABSENT: 0 PASS: 1 APPROVED : Charles J. Zettek VILLAGE PRESIDENT ATTEST: Patricia S. Smith VILLAGE CLERK PASSED this 13th day of September 1988 . APPROVED this 13th day of September , 1988 . -4- ORDINANCE NO. 126 ELK GROVE PARK DISTRICT AN ORDINANCE DECLARING THE NECESSITY AND CONVENIENCE OF THE USE AND OCCUPANCY OF LOTS 9000 , 9001A, 9001B, 9002 IN WINSTON GROVE SECTION 23A; LOT 9003A IN WINSTON GROVE SECTION 23B , RESUBDIVISION NO. 3 , LOTS 9004 , 9005C , 9006 AND 9007 IN WINSTON GROVE SECTION 23B « * 41 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 , main- taining 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 Statues) , 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 , RE IT ORDAINED by the Board of Commis- sioners of the Elk Grove Park District , County of Cook , Illinois , w" ;,e." / f, _2_ that it is necessary and convenient for the Elk Grove Park Dis- trict to use 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 he in full force and effect from and after its passage and approval according to law. PASSED : This 11th day of August , 1988. APPROVED : This 11th day of August . 1988 . RECORDED: This 11th day of August , 1988. VOTE : Ayes : Lawrence Borkowski Nayes : Frank Ciangi Patricia Clifford Absent Lew Smith J.M. Heffern ATTFST : Secretary JPrTsXdent -3- , STATE OF ILLINOIS ) SS. COUNTY OF C 0 0 K ) I , LFWIS L . SMITH , DO HEREBY CERTIFY chat I am the duly elected , qualified and acting Secretary of the Elk Grove Park District and of the Roard of Commissioners of the Elk Grove Park District ; and that I have access to and am custodian of the official Minutes of the Meetings of the Board of Commissioners and of the Elk Grove Park Diszrict. I DO FURTHER CERTIFY that the above and foregoing is a true and correct copy (duplicate) of a certain Ordinance entitled : ORDINANCE N0, 126 ELK GROVE PARK DISTRICT AN ORDINANCE DECLARING THE NECESSITY AND CONVENIENCE OF THE USE AND OCCUPANCY OF LOTS 9000 , 9001A, 9001B , 9002 IN WINSTON GROVE SECTION 23A; LOT 9003A IN WINSTON GROVE SECTION 23B , RESUBDIVISION NO. 3 , LOTS 9004 , 9005C , 9006 AND 9007 IN WINSTON GROVE SECTION 238 that the foregoing was passed by the Board of Commissioners of said Elk Grove Park District on zhe lith day of August , 1988 , 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 11th day of August , 1988. Se 'etary Elk- Grove Park District Cook County , Illinois (SEAL) EXHIBIT A Lot 9000 in Winston Grove - Section 23A being a Subdivision in Parts of Section 25 and 26 , Township 41 North , Range 10 East of the Third Principal Meridian in Cook County, Illinois containing 4.9523 acres more or less ; and Lot 9001.A in Winston Grove Section 23A , being a sub-division in parts of Sections 25 and 26 , Township 41 North , Range 10 East of the Third Principal Meridian , according to the Plat thereof , recorded in the Recorder ' s Office of Cook County , Illinois on July 32 , 1978 , as Document No. 24559901 , in Cook County , Illinois ; and Lot 9001B in Winston Grove Section 23A , being a subdivision in parts of Sections 25 and 26 , Township 41 North , Range 10 East of the Third Principal Meridian , according to the Plat thereof , recorded in the Recorder ' s Office of Cook County , Illinois on July 31 , 1978 , as Document No. 24559901 , in Cook County , Illinois ; and Lot 9002 in Winston Grove Section 23A , being a subdivision in parts of Sections 25 and 26 , Township 41 North , Range 10 East of the Third Principal Meridian , according to the Plat thereof , recorded in the Recorder' s Office of Cook County , Illinois on July 31 , 1978 , as Document No. 24559901 , in Cook County , Illinois ; and Lot 9003A in Plat of Resubdivision Number 3 in Winston Grove Section 238 , being a subdivision of part of Section 26 , Township 41 North , Range 10 East of the Third Principal Meridian, according to the Plat thereof , recorded in the Recorder ' s Office of Cook County , Illinois on July 2 , 1985 , as Document No. 85086193 , in Cook County , Illinois ; and Lot 9004 in Winston Grove Section 23B , being a subdivision of part of the South East 1/4 of Section 26 , Township 41 North , Range 10 East of the Third Principal Meridian , according to the Plat thereof , recorded in the Recorder ' s Office of Cook County , Illinois on December 11 , 1978 , as Document No. 24757505 , in Cook County , Illinois; and EXHIBIT A Page 2 LEGAL DESCRIPTION FOR OPEN SPACES - SECTION 23B #5 Lot 90O5C of Resubdivision No. 5 for a portion of Winston Grove, Section 23B, being subdivisions of part of Section 26, Township 41 North, Range 10 East of the Third Principal Meridian in Cook County, Illinois , containing 20.836 acres more or less . Also described as : Beginning at the Southwest corner of Lot 76 in said Resubdivision No. 5; thence S. 52 15' 25" W. , a distance of 73.00 feet to a point of curvature; thence Southwesterly a distance of 148.78 feet along the arc of a curve, said curve having a radius of 250.00 feet and being concave northerly; thence N. 03 38' 41" W. , a distance of 247.84 feet; thence N. 28 37' 45" W. , a distance of 289.20 feet; thence N. 24 03' 27" W. , a distance of 50.30 feet; thence N. 00 08 ' 50" W., a distance of 114.00 feet; thence N. 21 Ol' 14" E., a distance of 64.34 feet; thence N. 00 08' 50" W. , a distance of 60.50 feet; thence S. 89 51' 10" W. , a distance of 86.51 feet; thence S. 51 58' 30" W. , a distance of 33.20 feet; thence Westerly 49.10 feet along the arc of a tangential curve, said curve having a radius of 45.00 feet and being concave to the South; thence N. 10 32' 25" W. , a distance of 75.00 feet; thence N. 73 19' 59" W. , a distance of 120.82 feet; thence N. 00 08 ' 50" W. , a distance of 515.34 feet; thence S. 89 51' 10" W. , a distance 107.70 feet; thence N. 00 08' 50" W. , a distance of 90.55 feet; thence N. 89 51 ' 10" E. , a distance of 293.85 feet; thence S. 24 18' 46" E. , a distance of 307.42 feet; thence S. 73 09' 02" E. , a distance of 287.98 feet; thence N. 66 42' 19" E. , a distance of 398.73 feet; thence N. 35 36' 35" E. , a distance of 222.25 feet; thence N. 07 46' 47" E. , a distance of 129.98 feet; thence Easterly 91.07 feet along the arc of a non tangential curve said curve having a radius of 540.53 feet a chord bearing N. 87 38' 44" E. , and being concave Northerly; thence N. 82 49' 08" E. , a distance of 116.75 feet; thence Easterly 298.64 feet along the are of a tangential curve , said curve having a radius of 450.00 feet and being concave Southerly; thence S. 59 09' 24" E. , a distance of 118.82 feet; thence S. 55 48' 30" W. , a distance of 432.58 feet; thence S. 00 00' 00" E. , a distance of 370.00 feet; thence N. 69 39' 16" W. , a distance of 27.05 feet; thence S. 86 21' 19" W. , a•distance of 296.98 feet; thence S. 03 38' 41" E. , a distance of 100.00 feet; thence S. 86 21' 19" W. , a distance of 25.00 feet; thence N. 03 38 ' 41" W. , a distance of 100.00 feet; thence S. 86 21' 19" W., a distance of 304.60 feet; thence S. 65 20' 23" W. , a distance of 97.31 feet; thence S. 48 20' 13" W. , a distance of 97.11 feet; 11 71 S 6 EXHIBIT A Page 3 thence S. 30 36' 09" W. , a distance of 97.11 feet; thence S. 12 52' 05" W., a distance of 97.11 feet; thence S. 04 51' 59" E. , a distance of 97.11 feet; thence S. 24 26' 05" E. , a distance of 96.68 feet; thence S. 37 44' 35" E. , a distance of 204.52 feet; thence S. 52 15' 25" W., a distance of 72.00 feet; thence S. 37 44' 35" E., a distance of 100.00 feet to the POINT OF BEGINNING. Lot 9006 of Resubdivision No. 5, for a Portion of Winston Grove, Section 23B, being Subdivisions of Part of Section 26, Thwnship 41 North, Range 10 East of the 'Third Principal Meridian, in Cook County, Illinois, containing 0.486 acres more or less . Also described as : Beginning at the Northwest corner of lot 1 in said Resubdivision No. 5; thence S. 37 44' 35" E. , a distance of 194.78 feet; thence S. 86 21' 19" W. , a distance of 185.26 feet; thence N. 16 48 ' 15" W. , a distance of 119.27 feet; thence Northeasterly along the arc of a tangential curve, said curve having a radius of 310.00 feet and being concave Northerly; a distance of 113.29 feet to the POINT OF BEGINNING. Lot 9007 of Resubdivision No. 5, for a Portion of Winston Grove, Section 23B, being Subdivisions of Part of Section 26, lbwnship 41 North, Range 10 East of the 'Third Principal Meridian, in Cook County, Illinois, containing 0.935 acres more or less . Also described as : Beginning at the Southeast corner of lot 103 in said Resubdivision No. 5, thence N. 25 21' 25" W., a distance of 88.79 feet; thence S. 86 21' 19" W. , a distance of 49.71 feet; thence N. 03 38' 41" W. , a distance of 247.41 feet; thence N. 42 52' 13" W. , a distance of 97.27 feet; thence S. 51 35' 18" W. , a distance of 101.18 feet; thence Northwesterly 15.00 feet along the are of a tangential curve, said curve having a radius of 250.00 feet and being concave Southwesterly; thence N. 48 09' 02" E. , a distance of 100.18 feet; thence N. 42 52' 13" W. , a distance of 16.88 feet; thence S. 81 46' 12" E. , a distance of 185.59 feet; thence S. 00 17' 57" E. , a distance of 224.73 feet; thence S. 27 02' 35" E. , a distance of 155.00 feet; thence Southwesterly along the arc of a non-tangential curve, said curve having a radius of 493.47 feet, being concave Northwesterly, and a chord bearing S. 52 39' Ol" W. , an distance of 68.86 feet to the POINT OF BEGINNING. /� GEORGE E.CULENo tlLl LEGAL FORMS April,1980 'CLAIM DEED OFFICIAL E NESS - EXEMPT dtory(ILLINOIS) VILLAGE OF ELK GROVE VILLAGE (Corporation to Coi poution) CAUTION .�aN wWr'r.1 vIm nwuwry ivF,I ,.Nncwme VILLAGE ATTORNEY T14EGRANTOR THE VILLAGE OF ELK GROVE VILLAGE, a munici— pal corporation a corporation created and existing under and by virtue of the laws of the Staleof Illinois __and duly:mthorized to transact business in the-State of Illinois— for the consideration of — TEN_AND_.NO/100-_ ($10.00)---------DOLLARS, in hand paid, and pursuant ID authority given by the Board of of said corporation,CONVEYS and Qurr CLAIMS IF, THE ELK GROVE PARK DISTRICT, a municipal (The Above Space For Rcrorder'v use only) corporation a corporation organized and existing under and by virtue of the laws of the Slate of. __Illinois_____, having its principal office at the following address 499 Biesterfield_Rd_,Elk Grove __- Village, Illinois _all interest in the following described Real Estate situated in the County of Cook and State of Illinois,to wit: See Legal Description Rider Attached Hereto and Incorporated Herein W IY W_ 6 F a w z z w w z e 0 In Witness Whereof,said Grantor hascaused its corporate seal to be hereto affixed,and hascaused its name to beal signed to these presents by its President,and attested by its Clerk SMA",this z day of September , 19 88 X E VILLAGE OF_ELK_GROVE_VZLIIAGE a IMPRESS (NAME OF CORPORA nONI CORPORA rE SEAL BY -----Village---HERE � u'THARLEJ. ZETTER 4a PRESIDENT ATTEST'. PATRICIA S. SMITH Village_Clem=a Rimae Slate of Illinois,County of_Coo_k___-_ is. [.the undersigned,a Notary Puhlic,in and for the County and State aforesaid,DO HEREBY CERTIFY,that Challes_J.r__Zet_tek_-----personally known to metobethe Villaae_Presidentnnhe Village of Elk Grove Village, a municipal corporation corporation,and Patricia-$__Smith . personally known to me to be the Clerk_—%>:Hifkl"ofsaidcorpormion,and personally known tome 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- V,they signed and delivered the said instru- HERE mens 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 _.______ ___ _.__ . .___ dayof _September1988 Commission expires _ _ ___.. 19 NOTARv vueuc This instrument was prepared by George B_ Knickerbocker,- 57.5 Lee-Street INANE AND ADORE"Des Plaines, IL Thomas G. Hoffman ADDRESS Ix RRORERI Olson, Grabill s Hoffman ------- - — 1«..n.l 707 Skokie Blvd. 1111E AIIII VF AI101111s 11 RIE FIAHIIl('AI PIIRMIll: NA]L roe rvrr n«ularvalArAoOI nnsurru Suite 420 'AA.I' srrvo vansroorrvnnx musm exemption for Northbrook, IL 60062 _Elk Grove Park District_ DC,sLN.m n°, 499 Biesterfik"ld Road- OR RECORDERS OFFICE 90x NO _— -Elle--Grove-"V doge -IL-60007 off t\• a Irl'R A LEGAL DESCRIPTION RIDER PARCEL 1: Lot 9001A in Winston Grove Section 23A, being a subdivision in parts of Sections 25 and 26, Township 41 North, Range 10, East of the Third Principal Meridian, in Cook County, Illinois. Permanent Index No. 07-25-316-026-0000 Address: Lot 9001A, Vacant Parcel in Elk Grove Village, Illinois North Side of Gibson Drive, between Biesterfield Road on the West, and Franklin Lane on the South. PARCEL 2: Lot 9001B in Winston Grove Section 23A, being a subdivision in parts of Sections 25 and 26, Township 41 North, Range 10, East of the Third Principal Meridian, in Cook County, Illinois. Permanent Index No. 07-25-316-027-0000 Address: Lot 9001B, Vacant Parcel in Elk Grove Village, Illinois Southeasterly Corner of Potomac Land and Gibson Drive. PARCEL 3: Lot 9002 in Winston Grove Section 23A, being a subdivision in parts of Sections 25 and 26, Township 41 North, Range 10, East of the Third Principal Meridian, in Cook County, Illinois. Permanent Index No. 07-25-300-053-0000 Address: Lot 9002, Vacant Parcel in Elk Grove Village, Illinois South Side of Gibson Drive between Biesterfield Road on the West, and Franklin Lane on the East. PARCEL 4: Lot 9003A in Plat of Resubdivision Number 3 in Winston Grove Section 23B, being subdivisions of part of Section 26, Township 41 North, Range 10, East of the Third Principal Meridian, in Cook County, Illinois. Permanent Index No. 07-26-410-048-0000 Address: Lot 9003A, Vacant Parcel in Elk Grove Village, Illinois Parcel having Gibson Drive street frontage and adjacent to lots bordering and having street frontage on Concord Lane. PARCEL 5: Lot 9004 in Winston Grove Section 238, being a subdivision of part of the South East h of Section 26, Township 41 North, Range 10, East of the Third Principal Meridian, in Cook County, Illinois. Permanent Index No. 07-26-402-021-0000 Address: Lot 9004, Vacant Parcel in Elk Grove Village, Illinois Northwest Corner of Newberry Drive and Revere Lane. AWA� 4� �� C' C>