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HomeMy WebLinkAboutResolutions - RS-95-7 - 03/29/1995 - Sale of Green Street Parking Lot to McHenry Savings BankRS-95-7 March 20, 1995 11:40 am MCHENRY\RESOLUTI.MSB RESOLUTION AUTHORIZING SALE OF MUNICIPALLY OWNED REAL ESTATE Recitals A. The City of McHenry, Illinois holds title to the following described real estate; PART OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF A TRACT OF LAND CONVEYED IN INSTRUMENT RECORDED MAY 16, 1949 AS DOCUMENT NO. 219133 (INCLUDING EASEMENT); THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF SAID TRACT EXTENDED, BEING A LINE PARALLEL WITH THE SOUTHWESTERLY LINE OF BLOCK 23 IN THE ORIGINAL PLAT OF MCHENRY, ACCORDING TO THE PLAT THEREOF RECORDED JULY 6, 1840 IN BOOK B OF DEEDS, PAGE 160, A DISTANCE OF 107.25 FEET; THENCE NORTHERLY ALONG A CURVED LINE CONCAVE TO THE EAST, AND HAVING A RADIUS OF 29 FEET, AN ARC DISTANCE OF 25.56 FEET TO A POINT FOR A POINT OF BEGINNING; THENCE SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 74 DEGREES 47 MINUTES 19 SECONDS MEASURED CLOCKWISE FROM THE CHORD OF THE LAST DESCRIBED CURVED LINE AT THE LAST DESCRIBED POINT, A DISTANCE OF 144.10 FEET, MORE OR LESS, TO THE NORTHEASTERLY EDGE OF WATER OF BOONE CREEK; THENCE NORTHWESTERLY ALONG THE LINE OF SAID CREEK TO A LINE 185.0 FEET SOUTHEASTERLY, AS MEASURED AT RIGHT ANGLES, AND PARALLEL WITH THE SOUTHEASTERLY LINE OF ILLINOIS ROUTE NO. 120; THENCE NORTHEASTERLY ALONG SAID PARALLEL LINE, A DISTANCE OF 168.0 FEET, MORE OR LESS, TO A POINT THAT IS 22.00 FEET SOUTHWESTERLY OF THE INTERSECTION WITH THE SOUTHWESTERLY LINE OF A TRACT OF LAND CONVEYED IN INSTRUMENT RECORDED DECEMBER 17, 1978 AS DOCUMENT NO. 608859 AND SAID SOUTHWESTERLY LINE EXTENDED SOUTHEASTERLY; THENCE SOUTHEASTERLY TO THE POINT OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS. "Subject Property" B. The Corporate Authorities of the City of McHenry, Illinois have determined that it is no longer necessary or in the best interest of the City that it retain title to said real estate and that said real estate is surplus and is not required for the use of, or profitable to the City. C. The value of said real estate has been determined by a written MAI certified appraisal to be $83,500, which appraisal is available for public inspection in the office of the City Clerk. D. McHenry Savings Bank holds title to a parcel of land adjoining the Subject Property and has indicated an interest in purchasing the Subject Property for the appraised price of $83,500. A draft of the proposed real estate contract, dated March 20, 1995, has been tendered to the City by McHenry Savings Bank ("Proposed Contract"). A copy of the Proposed Contract is available for inspection in the office of the City Clerk. E. The size of the Subject Property is approximately .48 acres. F. The current use of the Subject Property is for parking and is currently zoned C-4 -- Downtown Commercial District. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of McHenry, McHenry County, Illinois, as follows: SECTION 1. Pursuant to 65 ILCS 5/11/76-4.1, the City Administrator is hereby directed to negotiate the Proposed Contract with McHenry Savings Bank. The Proposed Contract shall incorporate the following material terms: 1. Sale price: $83,500; 2. Earnest money deposit: 10% of sale price; 3. Subject to the lease back requirement referred to in paragraph 5, below, a use restriction shall be imposed on the Subject Property such that the buyer shall restrict the Subject Property's use solely for the business operations of McHenry Savings Bank and shall not sell or assign the Subject Property to any third party, until the first of the following events to occur: a. the issuance by the City to Lessor of a building permit for new construction of a Material building on the Property for banking purposes; b. the Material expansion of the Lessor's existing banking facility located adjacent to the premises; C. until April 15, 2005; or d. until the Lessor has first offered the Subject Property to the City, at the same price of $83,500, and the City has failed to repurchase the Subject Property as therein provided. 4. Receipt of access and utility easements from the title holder of the following described property: THE NORTHEASTERLY 2.0 FEET OF THAT PART OF THE SOUTH HALF OF SECTION 26, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHEASTERLY LINE OF ILLINOIS ROUTE NO. 120, BEING THE NORTHWESTERLY CORNER OF 2 THAT TRACT OF LAND CONVEYED IN THAT INSTRUMENT RECORDED DECEMBER 17, 1973 AS DOCUMENT NO. 608359; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF SAID TRACT OF LAND, AFORESAID, AND SAID LINE EXTENDED, A DISTANCE OF 185.0 FEET; THENCE SOUTHWESTERLY PARALLEL WITH THE SOUTHEASTERLY LINE OF SAID ILLINOIS ROUTE NO. 120, A DISTANCE OF 185.0 FEET, MORE OR LESS, TO THE NORTHEASTERLY BANK OF BOONE CREEK; THENCE NORTHWESTERLY ALONG THE LINE OF SAID CREEK TO THE SOUTHEASTERLY LINE OF ILLINOIS ROUTE NO. 120; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE OF SAID HIGHWAY, A DISTANCE OF 181.0 FEET, MORE OR LESS, TO THE PLACE OF BEGINNING, IN McHENRY COUNTY, ILLINOIS. 5. Lease back of the Subject Property to City for $1.00 per year subject to the first to occur of the events referred to in paragraph 3, above. 6. City to retain first right of refusal to buy the Subject Property back in the event McHenry Savings Bank violates the use restriction referred to in paragraph 3, above; and 7. Reimbursement of City's expenses relating to sale of the Subject Property not to exceed $2,500. SECTION 2. Upon the City Administrator's receipt of a written offer signed by McHenry Savings Bank, incorporating the material terms referred to herein, the City Council shall act thereon in compliance with Illinois law. SECTION 3. A copy of this Resolution shall be published in accordance with Illinois law. SECTION 4. This Resolution shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. PASSED THIS 29th DAY OF March 1995 AYES: Bolger, Locke, Bates, Lawson, Baird, Cuda NAYES : None ABSENT • None NOT VOTING: None APPROVED THIS 29th DAY OF ATTEST: Pamela J. A thoff, rk March eL -" Steven J. Cuda, Mayor 3