Loading...
HomeMy WebLinkAboutOrdinances - O-80-219 - 01/07/1980 - AUTHORIZE PURCHASE OF PROPERTY STILLING� ia... a� i � �i 1' vi ut ai � •a.. �. UV'G17 AN ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1. It is hereby determined that it is in the public interest that the City of McHenry purchase the land described in Contract for Sale of Real Estate which is attached hereto as Exhibit 1. SECTION 2. The Mayor and City Clerk be and they are hereby authorized and directed to execute the aforesaid Contract and to do all things necessary and essential to carry out the terms of said Contract. SECTION 3. This ordinance shall be in full force and effect upon its passage, approval and publication as by law required. PASSED this 7th day of January 1980. AYES• Pepping, Nolan, Harker, Datz, Weiser, Adams, Schooley, Meuer NAYS: None ABSENT: None APPROVED this 7th day of ATTEST: CITY CLERK January MAYOR 11 1980. G AGREEMENT 1. BUYER, City of McHenry, Illinois, a municipal corporation, agrees to buy, and SELLER, Raymond D. Stilling and Adele Stilling, agree to sell, and to convey or cause to be conveyed to Buyer or nominee, title to the real estate hereinafter described by a record- able Warranty Deed, with release of homestead and marital rights, subject only to the title exceptions set forth in Paragraph 6. 2. LEGAL DESCRIPTION of the real estate is attached hereto and made a part hereof as Exhibit A. 3. CONSIDERATION. At such time municipal sewer mains are actually installed in the above described real estate or in Eastern side of the Illinois State Route 31 right-of-way frontage of the remainder of the above described premises, the City agrees to install two sewer stubs at the property line of said remainder without any cost, assessment or recapture charges to Sellers for such stubs or sewer main. 4. CLOSING. The time of closing shall be on New eme= unless subsequently mutually agreed otherwise at the City of McHenry City Hall provided title is shown to be good or is accepted by Buyer. 5. POSSESSION. Sellers shall deliver possession to Buyer at closing. 6. TITLE EXCEPTIONS. Title to the real estate when conveyed may be subject only to the following: (a) Public and utility easements which do not underlie the existing improvements and roads and highways, if any. (b) Covenants, conditions and restrictions of record, provided they are not violated by the existing improve- ments or the present use thereof and provided further that they do not contain a reverter or right of re- entry. (c) General real estate taxes not yet due. 7. TITLE EXAMINATIONS AND INSURANCE. City shall, at its own cost and expense, obtain a title commitment for an owner's title - is.;'k %-v 1 insurance policy issued by any title company licensed to do business in Illinois, covering title to the real estate on or after the date hereof, showing title in the intended grantor subject only to (a) the general exceptions contained in the policy, and (b) the title exceptions set forth in Paragraph 6 hereof. The title commitment shall be conclusive evidence of good title as therein shown as to all matters insured by the policy, subject only to the exceptions as therein stated. Seller also shall furnish Buyer an affidavit of title in customary form covering the date of closing and showing title in Seller subject only to the permitted exceptions. 8. TITLE DEFECTS. If the title commitment or a plat of survey discloses unpermitted exceptions, Seller shall have 30 days from the date of delivery thereof to have the exceptions removed from the commitment or to have the title insurer commit to insure against loss or damage that may be occasioned by such exceptions or survey defects, and, in such event, the time of closing shall be 35 days after delivery of the commitment or the time expressly specified in Paragraph 4 hereof, whichever is later. If Seller fails to have the exceptions removed or correct any survey defects, Buyer may terminate this contract. 9. PRORATIONS. General real estate taxes (based on the tax assessor's latest valuations and the latest known tax rate), shall be adjusted ratably as of the time of closing. All prorations are final unless otherwise provided herein. DATED: CITY OF McHENRY, ILLINOIS By ( a-,4�1 Mayor ATTEST: City Clerk R ymond D. Stilling a�� � .cam-u.� Adele Stilling -2- EXHIBIT A TO AGREEMENT BETWEEN RAYMOND D. STILLING AND ADELE STILLING AND THE CITY OF McHENRY, ILLINOIS The Northernmost thirty feet of that part of the Northwest quarter of Section 2, Township 44 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northwest corner of said Section 2; thence East along the North line of the Northwest quarter of said Section 2, a distance of 817.54 feet to the Easterly right-of-way line of State Route 31 for the place of beginning; thence Southerly along said Easterly right-of-way line, a distance of 320.0 feet; thence Easterly at right angles to the last described course, a distance of 200.0 feet; thence Northerly parallel with the Easterly right-of-way line of State Route 31, a distance of 319.01 feet to the North line of the Northwest quarter of said Section 2; thence West along said North line, a distance of 200.0 feet to the place of beginning. Being situated in McHenry County, Illinois and containing 1.467 Acres more or less.