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HomeMy WebLinkAboutORDINANCES-1976-070-O-76t it 70-0-76 AN ORDINANCE Authorizing the Sale of Municipally Owned Real Property Commonly Known as the Simpson Site WHEREAS, the City of Evanston owns, or will acquire, the following described real property: Parcel 1: That part of the Northeast 1/4 of the Northeast 1/4 of Section 13, Township 41 North, Range 13, East of the Third Principal Meridian, lying east of the East line of Block 12 in Evanston Center Addition, South of the South line of Simpson Street and Northwesterly of the Northwesterly right-of-way line of the Chicago and North Western - Railway, in Cook County, Illinois being . part of Jackson_ __- _--_ Avenue, in the City of Evanston, Illinois. Parcel 2: Lots 1 to 4, both inclusive, in the resubdivision of lots 1 and 2 in Block 12 in Evanston Center Addition together with all that part of Lots 3 to 6, both inclusive, in Block 12 in said Evanston Center Addition, and all that part of Lots 1 to 5, both inclusive, in Block 3 in Grant and Jackson's Addition to Evanston lying Northwesterly of the Northwesterly right-of-way line of the Chicago and North Western Railway, all in the Northeast 1/4 of the Northeast 1/4 of Section 13, Township 41 North, Range 13, East of the Third Principal Meridian in Cook County, Illinois.* Parcels 1 and 2 commonly known as the Simpson Site. Parcel 3: That part of the North and South public alley in Block 3 in Grant and Jackson's Addition to Evanston, lying south of the Northerly line of Lot 10 extended East and Northwesterly of the Northwesterly right-of-way line of the Chicago and North Western Railway, all in the Northeast Quarter of the Northeast Quarter of Section 13, Township 41 North, Range 13, East of,the .Third Principal Meridian, in Cook County, Illinois. Parcel 4: All that part of Lots 7 to 10, both inclusive, in Block 3 in Grant and Jackson's Addition to Evanston, lying Northwesterly of the Northwesterly right-of-way line of the Chicago and North Western Railway all in the Northeast 1/4 of the Northeast 1/4 of Section 13, Township 41 North, Range 13, East of the Third Principal Meridian in Cook County, Illinois. Parcels 3 (part) and 4 commonly known as the Foster Field parking lot. Parcel 5: Lot 1 in Block 1 in Gilbert & Farmer's Addition to Evanston, a Subdivision of the West 1/3 of the Southeast 1/4 of the Northeast 1/4 of Section 13, Township 41 North, Range 13, East of the Third Principal Meridian in Cook County, Illinois. Parcel 5 commonly known as 1847 Ashland Avenue. which property is located in the City of Evanston, Illinois, and is currently vacant except for the southerly part which is being used as a municipal s parking lot; and 70-0-76 -2- WHEREAS, the City Council of the City of Evanston has determined that it is no longer necessary, appropriate, or in the best interest of the City of Evanston that it retain title to said real estate, and that said real estate is not required for the use of, or profitable to. the City of Evanston; and ---- WHEREAS, the City Council of the City of Evanston has determined that the best interest of the City of Evanston would be served by the conveyance of said property to qualified parties who will develop said property for low and moderate income housing; and WHEREAS, pursuant to Ordinance 48-0-76 of the City of Evanston, notice has been given of the proposal to sell such real estate and bids have been invited for the purchase of said real estate, said notice having first been published on the 27th day of May, 1976, and having been published for three (3) successive weeks in The Evanston Review, a newspaper published in the City of Evanston; and WHEREAS, pursuant to said notice, bids were opened at the regular meeting of the Human Services Committee of the City of Evanston, held on June 28, 1976; and WHEREAS, the following bids for the purchase of such property have been received: A Management Construction Merger - $7,000.00 Simpson Street Associates $30,000.00; and WHEREAS, the City Council finds and determines that the best interest of the City of Evanston and its residents will be served by the acceptance of the bid submitted by Simpson Street Associates and the sale of the aforesaid real estate to such bidder in the amount bid of $30,000.00: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: The City Council finds as fact the recitals hereinabove set forth. I 8k - 70-0-76 -3- SECTION 2: The bid of Simpson Street Associates in the amount of $30,000.00 is hereby accepted by the City Council of the City of Evanston for the sale of the following described real estate: Parcel 1: That part of the Northeast 1/4 of the Northeast 1/4 of Section 13, Township 41 North, Range 13, East of the Third Principal Meridian, lying east of the East line of Block 12 in Evanston Center Addition, South of the South line of Simpson Street and Northwesterly of the Northwesterly right-of-way'line of the Chicago and North Western Railway, in Cook County, Illinois being part of Jackson Avenue, in the City of Evanston, Illinois. Parcel 2: Lots 1 to 4, both inclusive, in the resubdivision of lots 1 and 2 in Block 12 in Evanston Center Addition together with all that part of Lots 3 to 6, both inclusive, in Block 12 in said Evanston Center Addition, and all that part of Lots 1 to 5, both inclusive, in Block 3 in Grant and Jackson's Addition to Evanston lying Northwesterly of the Northwesterly right-of-way line of the Chicago and North Western Railway, all in the Northeast 1/4 of the Northeast 1/4 of Section 13, Township 41 North, Range 13, East of the Third Principal Meridian in Cook County, Illinois. Parcels 1 and 2 commonly known as the Simpson Site. — - Parcel 3: That part of the North and South public alley in Block 3 in Grant and Jackson's Addition to Evanston, lying scuth of the Northerly line of Lot 10 extended East and Northwesterly of the Northwesterly right-of-way line of the Chicago and North Western Railway, all in the Northeast Quarter of the Northeast Quarter of Section 13, Township 41 North, Range 13, East of the Third Principal Meridian, in Cook County, Illinois. Parcel 4: All that part of Lots 7 to 10, both inclusive, in Block 3 in Grant and Jackson's Addition to Evanston, lying Northwesterly of the Northwesterly right-of-way line of the Chicago and North Western Railway all in the Northeast 1/4 of the Northeast 1/4 of Section 13, Township 41 North, Range 13, East of the Third Principal Meridian in Cook County, Illinois. Parcels 3 (part) and 4 commonly known as the Foster Field parking lot. Parcel 5: Lot 1 in Block 1 in Gilbert & Farmer's Addition to Evanston, a Subdivision of the West 1/3 of the Southeast 1/4 of the Northeast 1/4 of Section 13, Township 41 North, Range 13, East of the Third Principal Meridian in Cook County, Illinois. Parcel 5 commonly known as 1847 Ashland Avenue. SECTION 3: The City Manager is hereby authorised and directed to sign, 'and the City Clerk is hereby authorized and directed to attest, • a contract for the sale and purchase of the aforesaid real estate, which con- tract shall be in accordance with the specifications, the bid submitted thereon and accepted by the City Council in accordance with law. 70-0-76 ---- - - • SECTION 4: Upon satisfaction of the terms of the aforesaid contract, and upon the payment or securing of the aforesaid bid price in the manner provided in said contract, the Mayor is hereby authorized and directed to convey and transfer the aforesaid real estate to Simpson Street Associates by a proper deed of conveyance, stating therein the aforesaid consideration, and the City Clerk is hereby authorized to acknowledge and attest such deed, and to affix thereto the Seal of the City of Evanston. K] 0 SECTION 5: The Mayor and the Clerk are hereby authorized, respectively, to execute and attest such other documents as may be necessary to the conveyance herein authorized. SECTION 6: This ordinance shall be in full force and effect from and after its passage by a vote of at least three -fifths of the elected Alderman now holding office, and approval in the manner provided by law. Introduced July 12 1976 Adopted July 26 1976 Approved July 26 d'IJI Sherry Laycock Mayor ATTEST: Maurice F. Brown /s/ City Clerk Approved as to form: James T. Murray /s/ Asst. Corporation Counsel , 1976 Attach to Ordinance 70-0-76 EXHIBIT "A" A G R E E M E N T WHEREAS, the City of Evanston, an Illinois municipal corporation, here- inafter referred to as "Seller," owns or will acquire certain real property located in the City of Evanston, all which is hereinafter legally described and hereinafter referred to as the "property"; and WHEREAS, said property is presently vacant and unimproved except for Parcel 4, which is used as a municipal parking lot; and WHEREAS, the City Council of the City of Evanston has determined that it is no longer necessary, appropriate, or in the best interest of the City of Evanston that it retain title to said property and that said property is not required for the use of, or profitable to, the City of Evanston; and WHEREAS, the City Council of,the City of Evanston has determined that the best.interest of the City of Evanston is to be served by the conveyance • of said property to qualified parties for the development of said property for low and moderate income housing; and WHEREAS, notice has been given of the proposal to sell such property, and bids have been invited for the purchase of said property; and WHEREAS, pursuant to said notice, bids were opened at a regular.meet- ing of the Human Services Committee of the City of Evanston; and WHEREAS, Simpson Street Associates, an Illinois business partnership with a mailing address of P. 0. Box.963, Chicago, Illinois,. submitted a bid to purchase and develop said property; and WHEREAS, the City Council has determined that the best interest of the City of Evanston and its residents will be served by the acceptance of the bid submitted by Simpson Street Associates and a sale of the hereinafter described property to such bidder for the sum of $30,000.00 for development as is herein- after provided: • NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: -2- 1. Simpson Street Associates, hereinafter referred to as the "Purchaser," agrees to purchase at a price of $30,000.00, on the terms set forth herein, the following described real estate, in the City of Evanston, Cook County, Illinois: • Parcel 1: That part of the Northeast 1/4 of the Northeast 1/4 of Section 13, Township 41 North, Range 13, East of the Third Prin- cipal Meridian, lying east of the East line of Block 12 in Evanston Center Addition, South of the South line of Simpson Street and Northwesterly of the Northwesterly right-of-way line of the Chicago and North Western Railway, in Cook County, Illi- nois being part of Jackson Avenue, in the City of Evanston, Illinois. Parcel 2: Lots 1 to 4, both inclusive, in the resubdivision of Lots 1 and 2 in Block 12 in Evanston Center Addition together with all that part of Lots 3 to 6, both inclusive, in Block 12 in said Evanston Center Addition, and all that part of. Lots 1 to 5, both inclusive, in Block 3 in Grant and Jackson's Addition to Evanston lying northwesterly of the Northwesterly right-of-way line of the Chicago and North Western Railway, all in the North- east 1/4 of the Northeast 1/4 of Section 13, Township 41 North, Range 13, East of the Third Principal Meridian in Cook County, Illinois. Parcels 1 and 2 commonly known as the Simpson Site. Parcel 3: That part of the North and South public alley in Block 3 in Grant and Jackson's Addition to Evanston, lying south of the Northerly line of Lot 10 extended East and Northwesterly of the Northwesterly right-of-way line of the Chicago and North Wes- tern Railway, all in the Northeast Quarter of the Northeast Quarter of Section 13, Township 41 North, Range 13, East of the Third Principal Meridian, in Cook County, Illinois. • Parcel 4: All that part of Lots 7 to 10, both inclusive, in Block 3 in Grant and Jackson's Addition to Evanston, lying Northwesterly of the Northwesterly right-of-way line of the Chicago and North Western Railway all in the Northeast 1/4 of the Northeast 1/4 of Section 13, Township 41 North, Range 13, East of the Third Princi- pal Meridian in Cook County, Illinois. Parcels 3 (part) and 4 commonly known as the Foster Field parking lot. Parcel 5: Lot 1 in Block 1 in Gilbert $ Farmer's Addition to Evans- ton, a Subdivision of the West 1/3 of the Southeast 1/4 of the Northeast 1/4 of Section 13, Township 41 North, Range 13, East of the Third Principal Meridian in Cook County, Illinois. Parcel 5 commonly known as 1847 Ashland Avenue. 2. Seller shall sell the property to purchaser at the price and terms set forth herein, and shall convey or cause to be conveyed to Purchaser, or its nominee, title thereto by a recordable quit claim deed. 3. Seller shall undertake to release or remove existing easements of City mains, sewers, pipes, conduits, wires, and cables which may interfere with the construction of the project in accordance with current design, site plans, • and proposals. -3- • 0 • 4. At or priorto closing, Seller shall provide Purchaser with the written opinion of the Corporation Counsel of the City of Evanston to the effect that Seller has full legal authority to convey the property to Pur- chaser and that the authorization, execution, and delivery of this Agree- ment is duly authorized pursuant to the laws and ordinances of the State of Illinois and City of Evanston, and that this Agreement is binding upon Seller and enforceable according to its terms. S. Purchaser has deposited with Seller the sum of $3,000.00 as bid security as required by Seller's notice of proposal to sell real estate. At closing, Seller shall apply $3,000.00 of such bid security to the pur- chase price. Real estate taxes shall be prorated to the date of closing based upon the most recently ascertainable tax bill. 6. The remaining $27,000.00 of the purchase price shall be paid in cash at closing. 7._ Closing shall be within 365 days after the date hereof, or such other date as shall be mutually agreed. Prior to closing, Seller shall pro- vide Purchaser with an updated letter of commitment issued by Chicago Title Insurance Company showing title to the property in Seller. 8. Purchaser agrees to improve the subject property with construction aa,t ✓ of thirty (30) townhouse apartment units; easT apartment being a self-contained townhouse. At least twenty percent (20%) of the project's units must be placed in the Section 8 New Construction Program of the Federal Housing Act of 1974. Said improvement shall include provisions for off-street parking facilities. Said improvement shall be made substantially in accordance with the plans sub- mitted as part of the bid of Simpson Street Associates, dated June.28, 1976 consisting substantially of the following: A. Simpson -Ashland Units Simpson No. of 2-Bedroom Units 16 No. of 3-Bedroom Units 8 No. of 4-Bedroom Units 2 B. Usable open space and its implementation C. Enclosed private patios D. Tot Lots Ashland E. Fence, landscape, and screen right-of-way along Railway 2 0 2 -4- F. Landscape and screen alley G. Improve, pave, develop, and light alley • H. One parking space per unit I. Interior walks to main and back entrances J. Designated areas for garbage pick up K. Outside individual storage areas Said improvements shall be constructed in a manner consistent with the zoning of said property with allowances for modifications made with the approval of the City of Evanston. 9. Parcel 4 shall remain open and available for municipal use without cost to Seller as a parking lot until the property is rendered unusable for such purpose by Purchaser's construction. Seller shall indemnify and hold harmless Purchaser for any claim or loss arising out of Seller's continued use and occupancy of the property after closing and shall further provide evidence of such indemnification by delivering to Purchaser a certificate of insurance showing Purchaser as an additional insured. 10. Transfer of the subject property to Purchaser shall be subject to a covenant running with the land providing that the property development and improvements made thereon shall not be exempt from general taxes notwithstand- ing the identity or status of subsequent owners and/or users. Said covenant may be waived by the Evanston City Council. 11. The Purchaser shall give preference in renting units to residents displaced by governmental action; residents having the longest period of resi- dency in the City of Evanston, and residents defined as low and moderate income. The Purchaser shall execute, upon delivery of a deed to the property, a covenant running with the land, in recordable form, reciting the conditions herein set forth. 12. Within 365 days after the date hereof, Purchaser shall commence or • cause the commencement of the construction of the improvements upon the prop- erty and shall cause the completion thereof within a reasonable time with due diligence; acts of God, strikes, lockouts, material or fuel shortages, unusual weather conditions, or other causes beyond the control of Purchaser being con- sidered. -5- 13. In the event that this Agreement is terminated because of Purchaser's default, and upon written notice, the single sum of $3,000 defined as the earn- est money previously deposited shall be paid to the Seller as liquidated damages. • Upon the Purchaser's failure to improve the property described in this Agreement and its references, the deed to the subject property shall revert back to the City of Evanston and the Seller shall repay to the Purchaser the single sum of $27,000.00 if said sum has been previously paid to the Seller. 14. The deed to the premises to be sold herein shall be delivered sub- ject to the reverter interest of the City of Evanston; and such reverter interest fully described within the deed to the subject premises. 15. The City of Evanston shall apply to the Zoning Board of Appeals of the City for relief from the zoning ordinance of 1960, as amended, as it applies to the subject property in order to permit the construction of four dwelling units on Parcel 5; and further to seek relief from said requirements as they pertain to off-street parking requirements to permit a single park- ing space per unit for the total project. In the event additional variations • are required in order to construct the proposed complex substantially in ac- cordance with the plans and specifications heretofore submitted, such action shall be undertaken and prosecuted with diligence by the Purchaser with the cooperation of the Seller. The parties shall join in such appeal and cooper- ate fully in the course of said action. 16. Purchaser shall dedicate (without fee), develop, pave, light, and improve the required alleyways serving the property or as may be required to serve the property in the manner determined by the City to be appropriate for the project. The Purchaser shall grant (without fee) any easements required by the City for the development of this project. The City shall provide without cost to the Seller necessary engineering and technical services in the design and specifications for all such alleys, alley improvements, and alley lighting system. The cost of such improvements, excluding engineering and technical services provided by the City, shall be borne by Purchaser. • The City, upon acceptance of the dedicated.alleyway(s) shall be responsible thereafter for maintenance of -such dedicated ways and the systems (lighting, sewer, and water) contained therein. 10 17. Prior to issuance of building permits for the development, Purchaser shall provide Seller with a completion.bond in an amount equal to five percent (5%) of the cost of the improvements issued by a surety company licensed to do • business in the State of Illinois, approved as"to form by the City Attorney and as to surety by the City Clerk. 18. All notices shall be in writing and shall be served on the parties at the addresses indicated below. Mailing of notice by registered or certi- fied mail, return receipt requested, shall be sufficient service. Dated this 3rd day of August , 1976. CITY OF EVANSTON 1501 Oak Avenue Evanston, Illinois 60204 By•. /s/ Edward A. Martin City Manager ATTEST: • /s/ Maurice F. Brown City Clerk SIMPSON STREET ASSOCIATES P. 0. Box 963 Chicago, Illinois 60690 By: 0 Partner Oversize Document (Pulled From This Location)