HomeMy WebLinkAboutORDINANCES-1997-080-O-977/14/97
• , 80-0-97
AN ORDINANCE
Authorizing the City Manager to Negotiate
a Sale of Certain Residential Real Estate at
1419 Fowler Avenue and Authorizing Publication
of a Notice to Sell Said Real Estate
WHEREAS, the parcel of land at 1419 Fowler Avenue in the City of Evanston
("subject parcel") is improved with a single-family dwelling; and
and
WHEREAS, said dwelling has been occupied over forty years by Allie Akridge;
WHEREAS, Allie Akridge has paid the taxes on the subject property during her
occupancy and the property is on the tax rolls; and
• WHEREAS, Allie Akridge is desirous of selling the subject property to a private
citizen; and
WHEREAS, Allie Akridge quitclaimed her interest in the subject property to
James Donegan by deed ("Donegan deed") dated May 28, 1965 and recorded as
document no. 19484240;
WHEREAS, the City is the owner of record, warranty deed dated August 25,
1969 from James Donegan to the City recorded on September 26, 1969 as document
no. 20970288; and
WHEREAS, the Donegan deed contains the legal description of the subject
property and the legal description of 1043 Sherman Avenue, but shows the common
0 address of only 1043 Sherman Avenue; and
and
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WHEREAS, City records for the relevant period fail to disclose title in the City;
WHEREAS, the legal doctrine of adverse possession, codified in 735 ILCS 5/13-
101, et seg., provides for a method of acquisition of title to real property by possession
for twenty years; and
WHEREAS, a claim of adverse possession is established by proof that the
possession was concurrent for twenty years, and that it was continuous, hostile or
adverse, actual, open, notorious and exclusive, and that it was under claim of title
inconsistent with that of the true owner; and
WHEREAS, Allie Akridge's possession of the subject property has been in
excess of twenty years concurrently, and has been continuous, hostile or adverse, •
actual, open, notorious and excessive, and that it has been under claim of the title
inconsistent with that of the City owner; and
WHEREAS, in the opinion of the City Council of the City of Evanston, use of the
property is not necessary, appropriate, required for use of, profitable to, or in the best
interests of the said City; and
WHEREAS, the City Council has determined that the best interests of the City
would be served by the sale of the property to Allie Akridge;
WHEREAS, the City Council has determined that the sale of the property is to
take place as the result of negotiation,
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• 80-0-97
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That the City Manager be and is hereby authorized and directed to
negotiate the sale of the real estate legally described in Exhibit A attached hereto, and
made a part hereof and commonly known as 1419 Fowler.
Pursuant to Section 1-17-4-2(B), of the City Code, an affirmative vote of two-
thirds (2/3) of the elected Aldermen is required to accept the recommendation of the
City Manager on the negotiation authorized herein. The City reserves the right to reject
any and all negotiations.
SECTION 2: The City Manager is hereby authorized and directed to give notice
• of intent to sell the aforementioned real estate. Such Notice of Sale must be published
at least once in a daily or weekly newspaper in general circulation in the City. The
publication must not be less than 15 nor more than 30 days before the date on which
the City Council shall consider the adoption of the ordinance approving the sale of the
property.
SECTION 3: That the Notice of Intent to sell the Property shall be in substantially
the following form:
NOTICE OF INTENT TO SELL
Public notice is hereby given that the City of Evanston proposes to sell the real
estate legally described in Exhibit A and commonly known as 1419 Fowler
Avenue. Evanston, Illinois. The property proposed to be sold is a single-family
residence.
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SECTION 4: That all ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 5: That this ordinance shall be in full force and effect from and after its
passage, approval and publication in the manner provided by law.
Introduced: , 1997
Adopted: O , 1997
Approved
ATTEST:
ty Merl:
Approved as to form:
Corporation Counsel
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BVIaril
, 1997
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