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HomeMy WebLinkAboutResolutions - RS-98-18 - 07/29/1998 - Sale of 1116 N River RoadResolution RS-98- 18 Authorizing the Sale of Surplus Real Estate Owned by the City of McHenry WHEREAS, the City of McHenry, County of McHenry, Illinois, owns certain real estate commonly known as 1115 North River Road, McHenry, Illinois, and legally described as follows: Lot 1, (except that partdescribed as follows: Beginning at the Northeast corner of said Lot 1; thence on an -assumed bearing of south 00 degrees, 13 minutes, 15 seconds West along the East line of said Lot 1, a distance of 9.00 feet to a point; thence South 89 degrees, 04 minutes, 25 seconds West along a line parallel with the North line of said Lot 1, a distance of 187.00 feet to a point on the Westerly line of said Lot 1; thence North 06 degrees, 07 minutes, 52 seconds West along the said Westerly line of Lot 1, a distance of 9.04 feet to the Northwest corner of said Lot 1; thence North 89 degrees, 04 minutes, 25 seconds East along the North line of said Lot 1, a distance of 188.00 feet to the point of beginning) and Lot 2 (except the southerly 31.25 feet of the easterly 75.18 feet thereof) in Block 9 in the Original Plat of the Village (now City) of McHenry, East side of the Fox River, a Subdivision of part of the Southeast Quarter of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded July 6, 1840 in Book B of Deeds, page 160, in McHenry County, Illinois, ("Subject Property"); WHEREAS, the current use of the Subject Property is as a single-family residence, approximately 17,333 square feet in size, classified C3 Community Commercial Zoning District and is no longer needed by the City; and WHEREAS, the City is in receipt of a written MAI appraisal prepared by Harrison and Associates, Inc., and dated December 31, 1996, relating to the Subject Property, indicating a value of $191,000, which is available for public inspection from the City Clerk; and WHEREAS, the City's authority in adopting this Resolution is 65 ILCS 5/11-76-4.1. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Aldermen as follows: Resolution 1115 North River Road Page 2 1. That pursuant to 65 ILCS 5/11-764.1, the Subject Property is hereby declared as surplus municipal real estate, and the City Administrator is directed to sell the Subject Property by competitive bid. 2. The terms of the sale shall include the following: a. Only cash offers in an amount in excess of $153,000 shall be considered for acceptance by the City. b. Reservation of an exclusive perpetual easement, in favor of the City, for the purpose of installation, maintenance, operation, reconstruction and repair of the City's sanitary sewer lift station, mains, pipes and appurtenances in connection therewith and right-of-way on, above and under the following described property: An easement to the City of McHenry over that part of said Lot 2 in Block 9 in the Original Plat of the Village (now City) of McHenry, East side of the Fox River, a Subdivision of the Southeast quarter of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof, Recorded July 6, 1840, in Book B of Deeds, page 160, in McHenry County Illinois, described as follows: Commencing at the Southeast corner of said Lot 2; thence South 89 degrees, 04 minutes, 25 seconds west along the South line of said Lot 2, for a distance of 75.18 feet to the point of beginning; thence continuing south 89 degrees, 04 minutes, 25 seconds west along said South line, for a distance of 54.39 feet, more or less, to the Northeasterly shore line of the Fox River; thence northwesterly along said northeasterly shore line, for a distance of 43.60 feet, more or less; thence North 89 degrees, 94 minutes, 25 seconds East along a line parallel with the said South line of Lot 2, for a distance of 144.43 feet, more or less, to a point on the East line of said Lot 2, for a distance of 10.00 feet; thence South 89 degrees, 04 minutes, 25 seconds west along a line parallel with the said South line of Lot 2, for a distance of 75.18 feet; thence South 00 degrees, 13 minutes, 15 seconds West along a line parallel with the East line of said Lot 2, for a distance of 31.25 feet to the point of beginning. Resolution 1115 North River Road Page 3 C. A Real Estate Sales Contract, including an earnest money deposit of $10,000, must be signed by the City and successful bidder within ten (10) days of bids being opened. d. A special warranty deed shall be issued by the City. With regard to improvements on the property, all implied warranties of habitability are disclaimed and the property shall be sold in an "AS IS" condition. 4. The following notice shall be published once each week for three successive weeks in the Northwest Herald at the first opportunity following passage of this Resolution and the first publication shall be not less than thirty dates prior to the day provided for in the notice for the opening of bids for the Subject Property: NOTICEis herebygiven that the City of McHenry, McHenry County, Illinois, has declared the following legally described real estate as surplus property and is offering it for sale by receiving sealed bids: Lot 1, (except that part described as follows: Beginning at the Northeast corner of said Lot 1; thence on an assumed bearing of south 00 degrees, 13 minutes, 15 seconds West along the East line of said Lot 1, a distance of 9.00 feet to a point; thence South 89 degrees, 04 minutes, 25 seconds West along a line parallel with the North line of said Lot 1, a distance of 187.00 feet to a point on the Westerly line of said Lot 1; thence North 06 degrees, 07 minutes, 52 seconds West along the said Westerly line of Lot 1, a distance of 9.04 feet to the Northwest corner of said Lot 1; thence North 89 degrees, 04 minutes, 25 seconds East along the North line of said Lot 1, a distance of 188.00 feet to the point of beginning) and Lot 2 (except the southerly 31.25 feet of the easterly 75.18 feet thereof) in Block 9 in the Original Plat of the Village (now City) of McHenry, East side of the Fox River, a Subdivision of part of the Southeast Quarter of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded July 6, 1840 in Book B of Deeds, page 160, in McHenry County, Illinois, ("Subject Property"); Said Surplus Property is commonly known as 1115 North River Road, McHenry, Illinois. The terms of the sale shall include the following: Resolution 1115 North River Road Page 4 Only cash offers in an amount in excess of $153,000 shall be considered for acceptance by the City. Reservation of an exclusive perpetual easement, in favor of the City, for the purpose of installation, maintenance, operation, reconstruction and repair of the City's sanitary sewer lift station, mains, pipes, and appurtenances in connection therewith and right-of-way on, above and under the following described property: An easement to the City of McHenry over that part of said Lot 2 in Block 9 in the Original Plat of the Village (now City) of McHenry, East side of the Fox - River, a subdivision of the Southeast quarter of Section 26, Township 45 North, Range 8 East, of the Third Principal Meridian, according to the Plat thereof, Recorded July 6, 1840, in Book B of Deeds, Page 160, in McHenry County, Illinois, described as follows: Commencing at the Southeast corner of said Lot 2; thence South 89 degrees, 04 minutes, 25 seconds west along the South line of said Lot 2, for a distance of 75.18 feet to the point of beginning; thence continuing south 89 degrees, 04 minutes, 25 seconds west along said South line, for a distance of 54.39 feet, more or less, to the Northeasterly shore line of the Fox River; thence northwesterly along said northeasterly shore line, for a distance of 43.60 feet, more or less; thence North 89 degrees, 94 minutes, 25 seconds East along a line parallel with the said South line of Lot 2, for a distance of 144.43 feet, more or less, to a point on the East line of said Lot 2, for a distance of 10.00 feet; thence South 89 degrees, 04 minutes, 25 seconds west along a line parallel with the said South line of Lot 2, for a distance of 75.18 feet; thence South 00 degrees, 13 minutes, 15 seconds West along a line parallel with the East line of said Lot 2, for a distance of 31.25 feet to the point of beginning. A real estate sales contract, including an earnest money deposit of $10,000, must be signed by the City and successful bidder within ten (10) days of bids being opened. A special warranty deed shall be issued by the City. With regard to improvements on the property, all implied warranties of habitability are disclaimed and the property shall be sold in an "AS IS" condition. Sealed bids referencing "Bid for 1115 North River Road, McHenry, Illinois" must be delivered to the City Clerk of the City of McHenry, 333 South Green Street, McHenry, Illinois, 60050, on or before 11:00 a.m. on September 1, 1998. Sealed bids received will be considered and opened on Tuesday, September 1, 1998 at 11:00 a.m. in the Council Chambers at City Hall, 333 Resolution 1115 North River Road Page 5 South Green Street, McHenry, Illinois. The corporate authorities may accept the high bid or any other bid determined to be in the best interest of the City. In addition, the corporate authorities may reject any and all bids. Pamela J. Althoff City Clerk City of McHenry Passed and Approved this 29th day of July 199 . Mayor ATTEST: City Clerk