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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 All ordinances or parts thereof in conflict with the terms and provisions hereof be and the same are hereby repealed to the extent of such conflict.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 fll 4 NQRflfl(1nnU 'CCU ) I "Iq/7v. ) I OF M U MIf 77(7H'1W '!nn7j 'g34711 'IVMflllfl7 M( 4 r , i V i.�1 N Il i 9W 207r 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. r� � E- {,Wbi T ] COOUfliYVC OKT/6C- I 1 T� /fl I 1 !W- n! F,[l l4n" 7Tr'UaUAI 'l7f)07J 'rU7+1rW 'f' OONr)7 WOUJ 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 r �Q�nn�nnr,c nor!F�-)I iaiin-)1 nF nI rnl'Jnr� 7,7(71Z'4,)J9 '(70071 'ruannu '1NQWn1Jn7 wnua 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: �QQnnnnncp'rw/�s ii n/ifi )t of ni �nt7n,� 77nVWnw `W74 'cu7nnu 'ruckknvn7 wnua 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 Q j CQQoIn! f oncQ nq/�I I '1C/7h' I 1 QF ni 'u (7Q1) ' 7P';V)W 'nn')74 'N7W4 iXWNn7 WO144 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 r ��MM(1C� MVF> I 1 i7n f �Fn 1 Ff1 fan r 1 77(7;WIW '0007 �ua�nu rvn+anun� Wnua 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. i 1 4 '00/ '? 1 U! tl I l 9n 0[ U Ml) 'Vol"MH 0u '1VAOX(1Z >1OU I 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 r � .,, 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