HomeMy WebLinkAboutOrdinances - O-96-802 - 09/18/1996 - AUTHORIZE PURCHASE AGMT WITH DIST 15 AND 156 3926ORDINANCE NO. 0-96-802
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT
PROVIDING FOR THE PURCHASE OF CERTAIN REAL ESTATE
BY THE CITY OF McHENRY
WHEREAS, the Board of Education of McHenry High School District, #15
and the Board of Education of McHenry School District #156 (collectively
referred to as "Districts") are the owners of certain real estate located
in the City of McHenry and commonly known as 3926 W. Main Street, legally
described on Exhibit "A" attached hereto, together with all structures
and improvements existing thereon; and,
WHEREAS, the Districts desire to sell the above referenced Property
to the City of McHenry pursuant to the authority set forth in 50 ILCS
605/0.01, et seq; and
WHEREAS, the City has prepared an agreement attached hereto as Exhibit
"B" for presentation as an offer to the Districts.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
MCHENRY, MCHENRY COUNTY, ILLINOIS, as follows:
SECTION 1. That the Mayor and City Clerk of the City of McHenry be
directed to execute and present Exhibit "B" to the Districts for
acceptance and sale of the Property in accordance with its terms.
SECTION 2. 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and provisions hereof be and the same are hereby repealed to the extent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 3. This Ordinance shall be published in pamphlet form by and
under the authority of the Corporate Authorities of the City of McHenry,
Illinois.
SECTION 4. This Ordinance shall be in full force and effect
immediately from and after its passage, approval and publication., as
provided by law.
PASSED this 18th day of September, 1996.
AYES: Bolger, Locke, Bates, Lawson, Baird
NAYS: None
ABSENT: None
ABSTAINED: None
NOT VOTING: None
APPROVED this 18th day of September, 1996.
Mayor
ATTEST:
45
City Clerk
'xgID=T f
t0 AMended Beal
natata BaA os Aaseeaeat
part of Sub, --lot Z of Lot 16 and all of Bub -lot 1 of Lot 161
described as folloMa; 8tartIM at the Scuthoaat Corner of
said Sub -lot 1 of Lot 16 aAd rUnnin(J thence Northeasterly
along a lists parallel to the Fast line of Lot 15 the north
Clerk's Plot of original Plat of M"t l�enryo
line of said Lots 1S mid 16; thence West, 60 feat parallel
with the south line of Lots 15 and 16; thence gouthvesterly
parallel vith the East line ofaLo 16 t South 6neet
Lpta 15 and 16; Chmao Easterly
to the place of beginning, in Block a *of Cisioca1�p� !
,06 Plat
of the criginal Plat of West NcgwzrY,
the sonthvsat Quarter of section 26, TawMhip 45 North,, 'teen!&
s East of the Third Principai Meridian, aacdon ing to the plat
thareog recorded May 6, 1902 as�tiocumOn!linos®osb, in 8o*k a
of Plats, Page 39, in Kc2WmrY Yr
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This A supersedes the Real Estate Sales Agreement
exerted on or about February 13 , 1996 and is of f ectivo in NMenry,
Illinois, this - day of September, 1996, by and between The
Boards. of Education of XcXensy School Districts 15 and 156, Xallenry
and Lake Counties, rllinois ("Sellersft) and City of !McHenry, an
Illinois municipal corporation (wBuyern).
sellers are the owners of certain real estate
located at 3926 hest Hain Street in the City of ftaanty, State of
Illinois, legally described in F-MIKibit x, tagetbelr with all
buildings, structures and iaproveaents erected the=eion and
appurtenances thereto (APropertyg); &W
WMERVAIG, Buyer desires to pureha®a the Property subject to
an access aasement reserved in favor of the land owner adjoining
the Property to the west; and
WFP,AS, purmmnt to t m provisions of section 2 of the Local
Government Propar,ty Transfer het (ILCS, 15092, Chapter 500 605/0.01
at seq.) (4Acta), Sellers and Buyer have authorized the purchase
and sale of the property; and
pursuant to section a of the Act, the corporate
authorities of the Buyer passed an ordinance dated
declaring it necessary or convenient for it to acquire and use the
Property, a copy of which is attached hereto as Exhibit 8; and
pursuant to Section a of the Act, the corporate
authorities of each of the sellers passed a Resolution by tWcl-
thirds of its meabers dated authorizing the gala
of the Property to Buyer, copies of which are attached hereto as
Exhibit C.
NOW, IM? .FOB£, in consideration of the mutual covenants,
agreements, and conditions contained herein, and by authority, of
and in accordance with the aforementioned statutes, the parties
hereto agree as follows:
1. Purchase and Sale. Buyer agrees to buy, and Sellers agree to
sell, the Property, together with all the ImprovMent9 Owned by
Sellers and located in or used in connection with the operation of
the Property.
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2. Purchsu Prlct The purchase price fob the Property shall
be $126,000.00.
3. Terns of Pa7memL The purchase price shall be paid in cash,
at the closing referred to in paragraph 5.
4. Condition of Psop" Buyer shall purchase the Property Ras
is" at the date of the closing.
S. CSasoS. Closing shall be on September 25, 1996, at such
location as the parties shall mutually agree. Buyer shall pay the
cost of the cloning agent, if any, or the use or the closing
location, if otller than the Selleref office. Closing is expressly
conditioned upon the following events: 1) payment by Sugb James
Kirk,, to Buyer of $9,000, in one lump MM; 2) dismissal, with
prejudice, of Case No. 96 Cif 151 filed in the Circuit Court of the
19th MIA icial Circuit, entitled Hugh James :Dirk v. County Board of
School Trustees of XcHe=y County for Districts 156 and 15; and 21
conveyance by the Plaintiff in Cass No. 96 CH 151 of all right,
title and interest to the City of McHenry to the property which was
the subject matter of said suit.
6. Pasmmios. Sellers shall deliver possession of the
Property at closing.
7. Title. Sellers shall convey the Property to buyer by good
and sufficient warranty fled, free and cloat of all liens,
interests of any and all third parties and encumbrances, as
f of love
(a) idle Faooepbioa& The steal Estate is to be conveyed
subject to zoning and building lave and general real estate
taxes, if any, not et due, and title exceptions, being those
set forth in Exhibit D, attached hereto.
(b) Thk cad lwarsn : Sellers shall deliver or
cause to be delivered to Buyer or. Buyer's BttorneRy, not lees
than five days prior to the time of closing, a later dated
title commitment for an ownet"s title insurance policy with
current American Land Title Association extended coverage
issued by any title company licensed to do business in
Illinois in the amount of the purchase price, covering title
to the real estate an or after the date hereof, shaving title
in the intended grantor subject only to title: exceptions oat
forth in subsection (a) of this paragraph 7, title exceptions
pertaining to liens or encumbrances of a definite or
ascex'tainable amount which may be removed by the payment of
money at the time of closing and which the sellers may so
remove at that time by using the funds to be paid upon the
delivery of the deed (all of which are heroin referred to as
2
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the permitted exceptions) and the proposed access easement in
the form attached hereto as EkUibit X. The title commitaent
shall bo conclusive evidence of good title as therein ehas
to all matters, insured by the policy, subject only to the
exceptions as therein stated. Sellers also shall furnish
Buyer an affidavit of title in customary form covering the
date of closing and shoving title in sellers subject only to
the permitted exceptions in foregoing items (a) and (b).
Sellers shall pay for the premium for all title eovorage.
(c) The parties aclxnavledge that Buyer is rwabasing the
Property for the purpose of constructing a mumicipal parking
lot thereon. sellers represent and warrant that the property
is at least sixty feet tide (east vest direction) and that
they bold fee simple title to the Property. This Agreement
and puyer0a obligation to perform, as act forth k=ain, is
expressly contingent upon Chicago Title Insurance Company
insuring good title to all of the Property in Buyerfs Rasa,
including, but not limited to, that portion of the Property
vhich falls within the vacant portion immediately treat of the
building presently located on the property.
S. Taze. steal estate taxes, if any, shall be prorated
between Buyer and sellers at the Closing of the property. on and
after the Closing, Buyer shall be responsible for all general real
estate ta" and assessments, it any, levied on the Property
henceforth. ftrthar, Buyer *bail be solely responsible for
applying for and maintaining the Property's tax exempt status, if
available_
9. Stamp Tax. sellers shall pay the amount of any stamp tax
imposed by State law or local ordinance on the transfer of title,
and the parties shall complete and sign a Real Estate %ra=fer
Declaration in the form required pursuant to the Meal Estate
Transfer Act of the State of Illinois and local ordinance.
10. Tom. Time is of the essence of this contract.
li. En Rtpresentet:on. Sellars represent to Buyer that
they have received no notice and have no knowledge of the presence
of or any release on the Property of any hazardous subatances an
defined in 42 VSe 6901, et. ggg. except, asbestos in floor tiles and
in some pipe wrapping, which will be removed by sellers at their
expense promptly after delivery of possession to Buyer,
12. Na6m, All notices under
given by personal delivery or "FAX,"
postage prepaid) to the parties at
3
this Agreement shall be deemed
or by mailing (certified mail,
the following addresses:
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To CxTY: city of McHenry
333 Wiest Green Street
ltcHOMT. Illinois 60050
Attn: Kayor steven J. Cuda
PAX Mo.
with copies to: David IF. Mcxrdle
Znkorski, Rogers, Flood i XCArdle
50 Virginia street
Crystal Lake, Illinois 60014
To SZLLM: MCUBMT School Districts 15 and 156
XCHenry, Illinois
Attn: Superintendent
vith copies to: Hrydgav ZLiseborough Petareon itanke
WA NCM is
ISO IF, Michigan Avenue, suite 2200
Chicago, Yllinois 60601
or to such other addreSson as they shall designate in writing to
each other.
13. Bindlu Efr=L This Agreement shall be binding upon and
inure to the benefit of the parties, their su=essors in interest
amd permitted assigns.
14. Enure Agnmould; BimWs AUM. This instrument constitutes the
entire agraement between the parties with respect to the property.
So modification hereof shall be effective unless in writing signed
by both parties.
15. Surnirat of Prvs}im. sellers • covenant of onvironmenrai
representation and asbestos removal shall survive the closing and
transfer of possession of the Property.
16. Headin®r. se -dingo in this Agreement are for convenience
and reference only and shall not be uead to interpret or eonstsye
its proviaions.-
17. Govern= Lr. This shall be construed in
accordance with and governed by the laws of the State of Illinois.
is. This Agreement may be executed in one or sore
counterparts, each of which shall be deemed an original but all of
which together shall constitute one and the same instrument.
4
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19. Casb. in the avant that Any Party to this
agre smant files suit in any court to mrarce then tams of thu
&1raament, the preosiliuq party shall be entitled to recover, s9
part of its coats otherwise recoverable, reasonable attornsye lees
Incurred.
IN wPM55 WkURRffiF, the parties have executed this Agreassat
an of
BST:
0
lams a J_ Al P!, C#f Clark
[seal]
ATTEST:
5
CITY OF
I",,- L
J. cuda, Mayor
L
BOA= Ar EDUCAMN of MAY
SCHOOL 019MCT is, MCEMY
AM 7�= C ZES, 1LLrV0X6
BY:
HOARD OF ZUUCATXOH or 29calENRY
SCROCL DISTRICT 136, XCHE M
un 1.6= COMT12S, u, 2310is
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This Permanent FBeement is made this day of
-, 19960 by and between T= HOAMS OF EDUCATXDS OF KCUMMY
SCHOOL DISTRICTS 15 MD 156 (hereinafter referred to as "GrantorR) ,
and HUGH JAIM (hereinafter referred to an OGranteew) .
The undersigned Grantor, for and in consideration of the sum
of one Dollar ($1.00) and other good and valuable c nwi.derations.
the receipt and
sufficiency of which
are hereby acknowledged,
do
hereby convey,
grant, bargain and
sell to the Grantee,
its
successors and aseigrm, a Permanent Access Easement and right -Of -
way to enter on and over the premises described as follova'.
Starting at the northwest corner of Block 3, Lot 16 its
the County Clerk,,s plat of the original plat of Hest
McHenry, thence easterly a distance of 29 feet along the
north line of Lot 16, thence southerly parallel with the
vest life of said Lot 16 a diatanca of 132 feat to a
point on the south line of Lot 1II thence westerly along
the south line of Lot 16 a distance of 9 feet, thence
northerly and parallel to the hest line of Lot 16 a
distance of 96 feet, thence vesterly along a line
parallel to the south line of Lot 16 a distance of 20
Peet to the west line of Lot 16, tbeLnce northerly along
the crest live of Lot 16 a diBtancO of 36 fast to the
point of begginning, in the southvest quarter of Section
26, Towrahip 65 Worth, Range 8 East of the Third
Principal Meridian, according to the Plat thereof
recorded May 6, 1902 as document no. 14086, in Hook 2 of
Plats, Page 39, in McHenry County, Illinois.
(asubject Premises").
Grantee shall not be permitted to park vehicles or construct
any temporary or permanent structures within the Subject Premises.
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Grantor, for themselves, their successors and assigns, will
warrant and defend the grant and saseaante Wmain granted forever,
agaimt all claims and demands. Grantor shall not construct or
maintain any permanent structure or structures upon the above -
described praatses. This easement shall be binding upon the
successors and assigns of the Grantor and aball sun with the ImA.
Is WXTNWS OF, the parties hereto have caused this
document to be executed and delivered this day of
1996.
6BAp'S'OR:
TSB HOARDS OF EDUC"XQJC or
maxamy a DISTRICTS Is
AND 156
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Gitilia'�'F.R s
Hugh James Kirk
Z I d UH00009� "ON/H Z I 'ZSAV : L 196 '01 '60 MI) 31CPA 'CON'SHOM IXSMOM WOU