HomeMy WebLinkAboutRESOLUTIONS-2007-052-R-0710/22/2007
• 10/2/2007
52-R-07
A RESOLUTION
Re -Conveyance of 1817 Church Street from the
Evanston Westside Citizens District Council, Inc., to the
City of Evanston
WHEREAS, on May 22, 2001, the City of Evanston conveyed by Quit
Claim Deed to the Evanston Westside Citizens District Council, Inc., the property
commonly known as 1817 Church Street, and legally described as follows:
THE WEST 1/2 OF LOT 12 AND THE EAST 10 FEET OF LOT 13 IN
BLOCK 3 IN MERRILL LADD'S SECOND ADDITION TO EVANSTON,
BEING A SUBDIVISION OF THE WEST 1/2 OF THE SOUTHWEST 1/4
OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 41 NORTH,
RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK
• COUNTY, ILLINOIS, COMMONLY KNOWN AS 1817 CHURCH STREET,
EVANSTON, ILLINOIS.
A copy of aforesaid May 22, 2001, Quit Claim Deed is attached hereto as Exhibit A and
incorporated herein by reference; and
WHEREAS, the 1817 Church Street property was conveyed to the
Evanston Westside Citizens District Council, Inc., with the stated intent that it would be
used solely and exclusively for the purpose of operating an African -American Heritage
Museum or African -American Cultural Center, per Section 1 of Exhibit A; and
WHEREAS, conveyance of the 1817 Church Street property was subject
for a period of ninety-nine (99) years from May 21, 2001, to certain conditions, among
which was that an African -American Heritage Museum or African -American Cultural
• Center must be open to the public on the subject property no later than nine (9) months
after conveyance, per Section 2(a) of Exhibit A:
52-R-07
(a) "An African -American Heritage Museum or African American
Cultural Center must be open to the public on the subject property •
no later than nine (9) months after conveyance."
and
WHEREAS, Section 2(b) of Exhibit A contains the following language:
(b). "If, as determined by a majority vote of the Aldermen of Grantors'
City Council, an African -American Heritage Museum or African -
American Cultural Center is not created and open to the public for
one -hundred and eighty (180) consecutive days at any time during
the aforedecreed 99 years, Grantor is hereby held by the City to be
authorized to direct its Corporation Counsel to record the deed
dated 5/31/2001 {sic}, conveying title from Grantee to Grantor."
and
WHEREAS, on May 30, 2001, the Evanston Westside Citizens District
Council, Inc. executed and delivered to the City a Quit Claim Deed re -conveying the
property known as 1817 Church Street back to the City of Evanston in accordance with •
Section 2(b) of Exhibit A. A copy of said May 30, 2001, Quit Claim Deed is attached
hereto as Exhibit B and incorporated herein by reference; and
WHEREAS, the Housing & Community Development Act Committee of
the City of Evanston has determined after investigation, meeting, and discussion that an
African -American Heritage Museum or African -American Cultural Center has not been
created and open to the public within nine (9) months of conveyance (May 21, 2001) as
set forth in Exhibit A; and
WHEREAS, the Housing & Community Development Act Committee of
the City of Evanston has determined after investigation, meeting, and discussion that an
African -American Heritage Museum or African -American Cultural Center has "...not
•
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52-R-07
created and open to the public for one -hundred and eighty (180) consecutive days at
• any time during the aforedecreed 99 years;" and
WHEREAS, the Housing & Community Development Act Committee has
determined that the Evanston Westside Citizens District Council, Inc., has not met the
conditions as set forth in the deed of conveyance for the subject property; and
WHEREAS, the Evanston City Council has reviewed and considered the
materials provided by the Housing & Community Development Act Committee and City
of Evanston Staff; and
WHEREAS, the Evanston City Council does hereby accept and agree with
the findings of the Housing & Community Development Act Committee that the
Evanston Westside Citizens District Council, Inc., has not created and/or operated open
to the public within nine (9) months of conveyance on May 21, 2001, an African -
American Heritage Museum or African -American Cultural Center on the subject
property; and
WHEREAS, the Evanston City Council reaffirms its commitment to the
objective of establishing an African -American museum at 1817 Church Street for the
benefit of all Evanstonians.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That the Evanston City Council, by a majority vote of the
Aldermen, does hereby find and determine: a) that an African -American Heritage
Museum or African -American Cultural Center has not been created and opened within
• nine (9) months of conveyance (May 22, 2001) by the Evanston Westside Citizens
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52-R-07
District Council, Inc.; and b) that an African -American Heritage Museum or African -
American Cultural Center has not been open to the public for one hundred and eighty •
(180) consecutive days at any time during the aforedecreed ninety-nine (99) years.
SECTION 2: That the Evanston City Council, pursuant to the conditions
of the May 22, 2001, Quit Claim Deed of conveyance (Exhibit A) does hereby authorize
and direct its Corporation Counsel, and its Law Department, to undertake all actions to
obtain the re -conveyance of 1817 Church Street, as described herein, including but not
limited to the filing of Exhibit B re -conveying the property to the City, from the Evanston
Westside Citizens District Council, Inc., back to the City of Evanston.
SECTION 3: That the Evanston City Council shall use its best efforts in
collaboration with all community organizations, including but not limited to the Evanston
West Side Citizen District Council and others, private entities, etc., to establish an
African -American museum at 1817 Church Street. •
SECTION 4: That this Resolution shall be in full force and effect from and
after its passage and approval in the manner provided by law.
t
orraine H. Morton, Mayor
Attest:
Q
Mary o i Clerk
Adopted: 2 2 , 2007
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52-R-07
EXHIBIT A
• QUIT CLAIM DEED
executed May 22, 2001
•
•
-5-
EXHIBIT A
This document prepared by:
Karen Gilkeson, Staff Attorney
City of Evanston Law Department
2100 Ridge Avenue, Suite 4500
Evanston, IL 60201
Rio NP When Recorded, Mail to: ti 4.
CI10�. 1 nrnfl,@ LJennx Pfeeid ftSeGrctue'�
MS Evanston Westside Citizen 1 RECEIVE
District Council, Inc. N
%vA193e Brown JON - 4 2001
Evanston, IL 60201 CQptt(yy(��n(�N�
Common Address: RwVR v
1817 Church Street $
Evanston, Illinois
Permanent Index Number:
10-13-220-042, vol. 53
QUIT CLAIM DEED
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001046847-10
The City of Evanston, a municipal corporation (the "Grantor") created and existing under and by
virtue of the laws of the State of Illinois and duly authorized to transact business in the State of Illinois, for
the consideration of $1.00 (One Dollar), in hand paid, and pursuant to the authority given by the Evanston
City Council, CONVEYS N T CLAIMS to Evanston Westside Citizen District Council, Inc. (the
"Grantee"), whose address' rown Avenue, Evanston, Illinois, the following described Real Estate
situated in Cook County, Illinois, subject to the Conditions described on Exhibit A, attached hereto and made
a part hereof:
THE WEST 1/2 OF LOT 12 AND THE EAST 10 FEET OF LOT 13 IN BLOCK 3 IN MERRILL
LADD'S SECOND ADDITION TO EVANSTON, BEING A SUBDIVISION OF THE WEST 1/2
OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 41
NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY,
ILLINOIS, COMMONLY KNOWN AS 1817 CHURCH STREET, EVANSTON, ILLINOIS.
In Witness Whereof, said Grantor has caused its corporate seal to be hereto affixed, and has caused its
name to be signed to these ,presents by Roger Crum, its City Manager, and attested by Mayre Press, its
Deputy City Clerk, this .day of May, 2001.
The City of ton, a municipal corporation
impress ,.� %
Corporate Seal By: Z) 51.
Here Roger Crum, City Manager
STATE OF ILLINOIS ) Attest:
SS Mayre Press Deputy City Clerk
COUNTY OF COOK )
1, the undersigned, a Notary Public in for the County and State aforesaid, DO HEREBY CERTIFY that Roger
Crum, personally known to me to be the City Manager of THE CITY OF EVANSTON, a municipal corporation,
and Mayre Press, who is personally known to me to be the Deputy City Clerk of said municipal corporation,
appeared before me this day in person and acknowledged that as such City Manager and Deputy City Clerk
of said municipal corporation, they signed and delivered the said instrument, and caused the corporate seal
of said municipal corporation to be affixed hereto, pursuant to authority granted to them by the City Council
of the municipal corporation, as their free and voluntary act and as the free and voluntary act and deed of
.said-.-n).4i2jgjpg,L�;.QaDzMx-- f g-&P,..wses and purposes therein set forth.
a
OFFICIAL SEAL
BRUCE M YOUNG
NOTARY PUBLIC, STATE OF RJAI 1S
[My COMMISSION EXPINES:07/21/0.1
seal this--'?tday of 2001..
` Notary P1Lblic
My commission expires on —2 20.0:3
•
•
• EXHIBIT A
CONDITIONS TO QUITCLAIM DEED BETWEEN THE CITY OF EVANSTON AND
THE EVANSTON WESTSIDE CITIZEN DISTRICT COUNCIL, INC.
The subject property is conveyed to Evanston Westside Citizen District Council, Inc.
("Grantee") with the intent that it will be used solely and exclusively for the purpose of
operating an African American Heritage Museum or African American Cultural Center.
Without the express prior written consent of the City of Evanston, ("Grantor"), neither the
subject property, nor any portion thereof, shall be sold or leased or otherwise disposed of,
if the result of such sale, lease or disposition would be to establish a use on said property
that differs from the intended use herein described.
2. This deed is transferred on the condition that the Grantee, contemporaneously with the
execution of the deed from Grantor to Grantee, executes a quitclaim deed to Grantor,:
transferring title to the subject property from Grantee to Grantor for the consideration of
one dollar ($1.00). Said quitclaim deed to Grantor shall bear the same date as the
quitclaim deed from Grantor to Grantee. Grantor will have custody of this deed. For the
ninety-nine (99) years following conveyance of the subject property from Grantor to
Grantee, these conditions shall obtain:
(a). An African -American Heritage Museum or African American Cultural Center must
be open to the public on the subject property no later than months
after the conveyance, f u-W, 60t)
(b). If, as determined by a majority vote of the Aldermen of Grantors' City Council, an.
African -American Heritage Museum or African American Cultural Center is not
created and open to the public for one -hundred and eighty (180) consecutive
days at any time during the aforedecreed 99 years, Grantor is hereby held by the
City to be authorized to direct its Corporation Counsel to record the deed dated
-`' ✓31/Zt�l, conveying title from Grantee to Grantor.
(c). if, at any time within the aforedecreed 99 years, the Grantee sells the property to
a third party which does not use the property as an African American Heritage
Museum or an African American Cultural Center, the Grantee shall pay the
Grantor the sum of one hundred seventy five thousand and no 00/100 dollars
($175,000.00). Such amount will reimburse the Grantor for the amount paid by
the City to purchase the property.
3. Pursuant to a covenant and agreement made by Samuel H. Adams and Dolores E. Adams,
on behalf of themselves, their heirs, successors and assigns, the Purchaser hereby
understands and agrees that the land shall not be used as a pool hall after December 2,
1980, which is the expiration date of a variance granted by the City Council of the City of
Evanston, recorded October 25, 1973 as document no. 22524429.
4. All conditions set forth in paragraphs 1, 2 and 3 of this Exhibit A survive the closing.
Conditions shall run with the land and be binding on heirs and successors in interest.
Grantee shall record this deed with the Office of Cook County Recorder of Deeds and
shall provide the City's Law Department with a copy thereof.
STATEMENT BY GRANTOR AND GRANTEE
The grantor or his agent affirms that, to the best of its knowledge, the name of the grantee shown on the deed
or assignment of beneficial interest in a land trust is either a natural person, an Illinois corporation or foreign
corporation authorized to do business or acquire and hold title to real estate in Illinois, a partnership
authorized to do business or acquire and hold title to real estate in Illinois, or other entity recognized as'a
person and authorized to do business or acquire title to real estate under the laws of the State of Illinois.
Grantor:
The City vanston, a municipal corporation
Dated JAI �� 2001 : BY
Name: Roger Crum
Its: City Manager _
Subscribed and sworn to before me
by the said Ro er Crum this a a OFFICIAL sEAI_`
day of aL-1 ELLEN LEBOWICZ
` � NOTARY PUBLIC, SATE OFILLINOIS
Notary Public MYCOMMISSIO!' -. PIRES 1 26.2002
The grantee or its agent affirms and verifies that the name of the grantee shown on the deed or assignment
of beneficial interest in a land trust is either a natural person, an Illinois corporation or foreign corporation
authorized to do business or acquire and hold title to real estate in Illinois, a partnership authorized to do
business or acquire and hold title to real estate in Illinois, or other entity recognized as a person and
authorized to do business or acquire and hold title to real estate under the laws of the State of Illinois.
Dated2001
i
Subscribed and sworn to before me
.1[ yy. k 0<-j
this ge. "'day of�>� . z r,
Grantee: T
bans -on Wes Z i%. C�-�; 7�: S
By: 1MZ✓
Name: e— td(n►.e,r
_.• Its: Presidgnt _
OFFICIAL SEAL
BRUCE M YOUNG
/ NOTARY PUBLIC, STATE OF ILLMIOIY
Notary Public, a-rutt�- MY CfT9v MIS,!ON EXPINES:07/21p3
Note: Any person who knowingly submits a false:statement-concerriing;thLe'id'ent ii6fja°grantee shall be
guilty of a Class C Misdemeanor for the first offense and of Class A Misdemeanor for subsequent offenses.
(Attach to Deed or ABI to be recorded in Cook County, Illinois, if exempt under provisions of Section 4 of the
Illinois Real Estate Transfer Tax Act.)
•
52-R-07
• EXHIBIT B
QUIT CLAIM DEED
executed May 30, 2001
•
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EXHIBIT B
This document prepared by and
when recorded mail to:
Karen Gilkeson, Staff Attorney
City of Evanston
2100 Ridge Avenue, Suite 4500
Evanston, IL 60201
Common Address:
1817 Church Street
Evanston, Illinois
Permanent Index Number:
•
10-13-220-042, vol. 53
QUIT CLAIM DEEb
Evanston Westside Citizen District Council, Inc. (the "Grantor") created and existing under and by virtue of
the laws of the State of Illinois and duly authorized to transact business in the State of Illinois, for the
consideration of $1.00 (One Dollar), in hand paid, and pursuant to the authority given by the Board of
Directors of said corporation, CONVEYS AND QUIT CLAIMS tb the City of Evanston, an Illinois municipal
corporation. (the "Grantee"), whose address is 2100 Ridge Avenue, Evanston, Illinois, the following described
Real Estate situated in Cook County, Illinois, to wit:
I
THE WEST 1/2 OF LOT 12 AND THE EAST 10 FEET O� LOT 13 IN BLOCK 3 IN MERRILL
LADD'S SECOND ADDITION TO EVANSTON, BEING A SUBDIVISION OF THE WEST 112 •
OF THE SOUTHWEST 1/4 OF THE NORTHWEST 114 OF SECTION 13, TOWNSHIP 41
NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL_ MERIDIAN, IN COOK COUNTY,
ILLINOIS, COMMONLY KNOWN AS 1817 CHURCH STREET, EVANSTON, ILLINOIS.
yy�� � �►I r>�' raw
In Witness Whereof, said Grantor has caused its corporate seal to be hereto affixed, and has caused its
name to be signed to these presents by , its President, and attested by
('e,rr�lia. $arts , its Secretary, this &0 day of , 20_OL.
Evanston Westside Citizen District Council, Inc.
Impress Ql�
Corporate Seal By: �J•� _
Here L , President
G .�j
STATE OF ILLINOIS ) Attest;
SS col, cwio. "6U.t5 , Secretary
COUNTY OF COOK )
I, the undersigned, a Notary Public in for the County and State afdresaid, DO HEREBY CERTIFY that L-et *a
Dili !Bali personally known to me to be the President of EVANSTON WESTSIDE CITIZEN DISTRICT
COUNCIL, INC., a corporation, and llyrrl.l;.R S ,who is personally known to me to be the
Secretary of said corporation, appeared before me this day ih, person and acknowledged that as such
President and Secretary of said corporation, they signed and delivered the said instrument, and caused the
corporate seal of said corporation to be affixed hereto, pursuant to authority granted to them by the Board
of Directors of the corporation, as their free and voluntary act and as the free and voluntary act and deed of
said corporation, for the uses and purposes therein set forth.
•
Given under my hand and notarial seal this ,-5-�,' -day Of �a � � �J 2001.
Notary Publ
OFFICIAL SEj
BFiUCE M YOUMy commission expires on � �, , 20
too.
PUBLIC, STATE O01' CCN MISSION EXPIRES: