HomeMy WebLinkAboutOrdinances - O-84-332 - 04/02/1984 - SALE OF CITY PROPERTYORDINANCE NO. 0-84-332
AN ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
McHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1. The Corporate Authorities of the City of
McHenry hereby determine that it is no longer necessary,
appropriate or in the best interest of the City of McHenry
that it retain title to the following described real estate
and that said real estate is not required for the use of,
or profitable to the City of McHenry:
That part of Lot C, described as follows:
Commencing at a point on the Southwesterly line of
said Lot C, South 37 degrees, 53 minutes, 07
seconds East 200 feet from the most Westerly corner
of said Lot; thence continuing South 37 degrees, 53
minutes, 07 seconds East, 100 feet; thence North 52
degrees, 06 minutes, 53 seconds East, 100 feet;
thence North 37 degrees, 53 minutes, 07 seconds
West 100 feet; thence South 52 degrees, 06 minutes,
53 seconds West 100 feet to the place of beginning,
in Boone Valley Plat No. 6, being a Subdivision of
part of the Northwest Quarter of Section 34 and
part of the Northeast Quarter of Section 33,
Township 45 North, Range 8 East of the Third
Principal Meridian, according to the Plat thereof
recorded June 10, 1971 as Document No. 544371, in
McHenry County, Illinois.
SECTION 2. That bids for the purchase of the
aforesaid real estate shall be invited by the City and
shall be received by the City Clerk at the McHenry City
Hall, 1111 North Green Street, McHenry, Illinois 60050
between the hours of 9:00 o'clock a.m. and 5 : 0 0 o'clock
p.m. on July 16, 1984 for the opening
of bids; said bids shall be addressed to the Mayor and City
Council of the City of McHenry, Illinois c/o the McHenry
City Clerk and shall consist of a signed real estate sale
contract, the form of which is attached hereto and made a
part hereof.
SECTION 3. All bids received will be publicly opened
and read aloud at the regular meeting of the City Council
of the City of McHenry, Illinois at 8:00 p.m. on July 16 ,
1984, or as soon thereafter as the business of the City
Council will permit.
SECTION 4. The Mayor and City Council reserve the
right to reject any and all bids and to waive any
informalities or irregularities of the bidding and to
review and study any and all bids and to make a contract
award within 30 days after the bids have been opened and
publicly read.
SECTION 5. All ordinances, or parts thereof, in
conflict with the terms and provisions hereof, be and the
same are hereby repealed to the extent of such conflict.
SECTION 6. This ordinance shall be published in
pamphlet form by and under the authority of the corporate
authorities of the City of McHenry, Illinois.
SECTION 7. This ordinance shall be in full force and
effect from and after its passage, approval and publication
in pamphlet form, as provided by law.
PASSED this 2nd day of April , 1984.
AYES: Nolan, Bolger, Datz, Busse, Smith, McClatchey, Serritella, Snell
NAYS : None
ABSTAINED: None
ABSENT: None
NOT VOTING: None
APPROVED this 2nd day of April
ATTEST:
CITY CLERK
, 1984.
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REAL ESTATE SALE CONTRACT
1. BUYER, agrees
to buy, and SELLER, THE CITY OF Mc,HENRY, ILLINOIS, A
MUNICIPAL CORPORATION, agrees to sell, and to convey or
cause to be conveyed to Buyer or nominee, title to the real
estate hereinafter described by a recordable Warranty Deed,
subject only to the title exceptions set forth in Paragraph
8.
2. LEGAL DESCRIPTION of the real estate:
That part of Lot C, described as follows:
Commencing at a point on the Southwesterly line of
said Lot C, South 37 degrees, 53 minutes, 07
seconds East 200 feet from the most Westerly corner
of said Lot; thence continuing South 37 degrees, 53
minutes, 07 seconds East, 100 feet; thence North 52
degrees, 06 minutes, 53 seconds East, 100 feet;
thence North 37 degrees, 53 minutes, 07 seconds
West 100 feet; thence South 52 degrees, 06 minutes,
53 seconds West 100 feet to the place of beginning,
in Boone Valley Plat No. 6, being a Subdivision of
part of the Northwest Quarter of Section 34 and
part of the Northeast Quarter of Section 33,
Township 45 North, Range 8 East of the Third
Principal Meridian, according to the Plat thereof
recorded June 10, 1971 as Document No. 544371, in
McHenry County, Illinois.
and commonly known as
3. PURCHASE PRICE is $ , Buyer has paid
$ , being ten percent of the purchase
price, to pay or satisfy the balance of the purchase price,
plus or minus prorations, at the time of closing.
4. CLOSING. The time of closing shall be on ,
or on the date, if any, to which such time is extended by
reason of Paragraph 10 becoming operative (whichever date
is later), unless susequently mutually agreed otherwise at
the office of the City Attorney or of the mortgage lender,
if any, provided title is shown to be good or is accepted
by Buyer.
5. POSSESSION. Seller shall deliver possession to Buyer
upon closing of the sale.
6. EARNEST MONEY ESCROW. The earnest money shall be held
by the Seller for the mutual benefit of the parties.
7. TERMS OF OFFER. A duplicate original of this contract
duly executed by the City, shall be delivered to the Buyers
within 30 days from the acceptance date below.
8. 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.
(c) Lack of access to and from the land.
9. TITLE EXAMINATIONS AND INSURANCE. Seller shall deliver
or cause to be delivered to Buyer or Buyer's agent, not
less than 5 days prior to the time of closing,. a title
commitment for an owner's title insurance policy issued by
the McHenry County Title Co. in the amount of the purchase
price, 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
(b) the title exceptions contained in the policy (c) the
title exceptions set forth in Paragraph 8 and (d) title
exceptions pertaining to liens or encumbrances of a
definate or ascertainable amount which may be removed by
the payment of money at the time of closing and which the
Seller may so remove at that time by using the funds to be
paid upon the delivery of the deed (all of which are herein
referred to as the permitted exceptions). 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 in
foregoing items (b) and (c) and unpermitted exceptions, if
any, as to which the title insurer commits to extend
insurance in the manner specified in Paragraph 10.
10. TITLE DEFECTS. If the title commitment or plat of
survey discloses either unpermitted exceptions or survey
defects, Seller shall have 30 days from the date of
delivery thereof to have the exceptions removed from the
commitment or to correct such survey defects or to have the
title insurer commit to insure against loss of 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, or in the alternative, to obtain the
commitment for title insurance specified above as to such
exceptions or survey defects with the specified time, Buyer
may terminate this contract or may elect, upon notice to
Seller within 10 days after the expiration of the 35 day
period, to take title as it then is with the right to
deduct from the purchase price liens or encumbrances of a
definite or ascertainable amount. If Buyer does not so
elect, this contract shall become null and void without
further action of the parties.
11. RISK OF LOSS. The provisions of the Uniform Vendor
and Purchaser Risk Act of the State of Illinois shall be
applicable to this contract.
12. FORFEITURE. If this contract is terminated without
Buyer's fault, the earnest money shall be returned to the
Buyer, but if the termination is caused by the Buyer's
fault, then at the option of the Seller and upon notice to
the Buyer, the earnest money shall be forfeited to the
Seller and applied first to the payment of Seller's
expenses; the balance, if any, to be retained by the Seller
as liquidated damages.
13. TIME. Time is of the essense of this contract.
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14. NOTICES. All notices herein required shall be in
writing and shall be served on the parties at the addresses
following their signatures. The mailing of a notice by
registered or certified mail, retgrn receipt requested,
shall be sufficient service.
14. CONDITION, INSPECTION AND REPAIR. Seller agrees to
deliver possession of the real estate in the same condition
as it is at the date of this contract, ordinary wear and
tear excepted. Buyer shall have the right to enter into
and inspect the real estate prior to closing. Closing (or
possession, if it occurs prior to closing) is considered
final and all costs incurred after said date are those of
Buyer.
16. SURVEY. Prior to closing, Seller shall furnish a
survey, currently certified, by an Illinois registered land
surveyor, showing the location of all lot and lines, and
showing encroachments of improvements from or onto
adjoining properties. All lot corners shall be located and
monumented.
17. CONTRACT DATE. The date of this contract shall be the
acceptance date.
OFFER DATE ACCEPTANCE DATE
BUYER _
BUYER _
ADDRESS
PHONE
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City of McHenry,
a Municipal Corporation
By: _
Its Mayor
ATTEST:
City Clerk