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HomeMy WebLinkAboutORDINANCES-1988-091-O-8812/6/88. AN ORDINANCE Authorizing the Sale of Certain Municipally -Owned Real Property WHEREAS, the City of Evanston owns the real property • commonly known as Parking Lot 36, located on the Southeast corner of Dodge Avenue and Mulford Street, opposite 303 Dodge Avenue, in the City of Evanston, legally described as follows and hereinafter referred to as the "Property": The North 100 feet, except the North 33 feet thereof taken for public street of the west 150 feet, except the west 40 feet thereof taken for public street, of the North 93/8 acres of the SW4 of the NE4 of section 25, township 41 North, Range 13, East of the third principal meridian, in cook County, Illinois. Commonly known as: opposite 303 Dodge Avenue, Evanston, Illinois WHEREAS, the City Council of the City of Evanston has determined that ownership of the Property is no longer necessary, appropriate, required or in the best interest of 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 sale of said Property to a qualified party for its private use; and WHEREAS, pursuant to Ordinance 87-0-88 of the City of Evanston adopted December 12, 1988, the City Council by a vote of 2/3 of the elected Aldermen then holding office did direct that the process to sell said Property shall be by negotiation and that the City Manager shall be authorized to negotiate on behalf of the City; and WHEREAS, pursuant to said ordinance said negotiations have occurred; and WHEREAS, the City Manager recommends that a sale between the City of. Evanston, as seller, and the Jewish Reconstructionist Congregation, as buyer, be accepted by the • City. Said contract is marked as Exhibit A, attached hereto and incorporated herein by reference; and WHEREAS, the City Council finds and determines that -1- • • , • the best interest of the City of Evanston and its residents will be served by the acceptance of the aforesaid contract on the terms as set forth. in attached Exhibit A; and WHEREAS, the notice of intent to sell has been published in a newspaper of general circulation in the City of Evanston as required by ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: set forth. SECTION 1: The City Council of the City of Evanston finds as fact the recitals hereinabove SECTION 2: The negotiated sale to the Jewish Reconstructionist Congregation, as buyer, attached as Exhibit A hereto, is hereby accepted by the City Council of the City of Evanston for the following described real property: The North 100 feet, except the North 33 feet therof taken for public street, of the West 150 feet, except the West 40 feet thereof taken for public street, of the North 93/8 acres of the SW4 of the NE4 of section 25, township 41 North, range 13, East of the third principal meridian, in Cook County, Illinois. commonly known as Parking Lot 36, located on the Southeast corner of Dodge Avenue and Mulford Street, located opposite 303 Dodge Avenue. SECTION 3: The City Manager is hereby authorized and directed to sign, and the City Clerk is hereby authorized and directed to attest, the contract for the sale of the aforesaid real property, which contract shall be in accordance with attached Exhibit A. and B. The City Manager is further authorized to negotiate any changed or additional terms and conditions with respect to the sale of the aforesaid real property as may be deemed fit and proper. SECTION 4: The City Manager and the City Clerk, respectively, are hereby authorized and directed to execute, attest and deliver such other documents, agreements and certificates as may be necessary to the sale -2- 4QiII:3F:3 herein authorized, including other documents referred to in said contracts. SECTION 5: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. introduced: Pf_Onp Pam' �✓' 1988. Adopted: 04Wv7 zeZ/ r 198 A.pprov `: �t✓, 198 J Mayor ATTEST: ✓ City C erk Appr v d as to o m: Corporation Counsel • • -3- EXHIBIT A R E A"Z " E Sw -f A T E CONTRACT 1. Jewish Reconstructionist Congregation agrees to purchase at a price of twenty-five thousand dollars ($25,000.00) on the terms set forth herein, the following described real estate in Cook County, Illinois (hereinafter referred to as the property): The North 100 feet, except the North 33 feet thereof taken for • public street, of the West 150 feet, except the West 40 feet thereof taken for public street, of the North 9-3/8 acres of the SW1/4 of the NE1/4 of section 25, Township 41 North, Range 13, East of the Third Principal Meridian, in Cook County, Illinois. commonly known as Parking Lot 36, located on the southeast corner of Dodge Avenue and Mulford Street, opposite 303 Dodge Avenue. The property is a parking lot, with no improvement other than a gravel surface. 2. The City of Evanston, a municipal corporation, (Seller) agrees to sell the real estate described above at the price an terms set forth herein, and to convey or cause to be conveyed to Purchaser or nominee title thereto by a recordable warranty deed, with release of homestead rights, if any, and a proper bill of sale, subject only to: (a) convenants, conditions and restrictions of record; (b) private, public and utility easements and roads and highways, if any; (c) special taxes or assessments for improvements not yet completed; (d) installments not due at the date hereof of any special tax or assessment for improvements heretofore completed. 3. City of Evanston permits issued to the individual who parks in this Lot 36 expire on December 31, 1988 and will not be renewed. The two permit numbers assigned to this individual are #44 and #45. 4a. In the event of a snow emergency, as is declared by the City of Evanston Director of Public Works or by his/her designee,.Seller shall have the right to use the property at no charge in a manner consistent with the City's clearing of precipitation from the public ways. The uses contemplated by the City include, but are not limited to, use of the property as a parking • lot. The City shall be afforded use of the property until such time as forty-eight hours after the City of Evanston Director of Public Works shall declare the snow emergency to have ended. After the conclusion of each snow emergency the City will as soon as is reasonably practicable, return the property to the condition in which it was before the snow emergency began. 4b. The City agrees to indemnify and hold harmless the Jewish Reconstructionist Congregation of Evanston, Illinois from any and all claims for injuries, including death, damage or loss which may arise or may be alleged to have arisen out of or in connection with, use of the property by the City as a snow emergency parking lot. 5. Purchaser agrees to pay or satisfy the balance of the purchase price, plus or minus prorations, at the time of closing as follows: The Payment of $25,000.00. .:..: .:_:.,, �-:mac::, ...,..::.>....>__.......�:.., :..:,,<,: ,: �.:.,: r:: �. _,.. .. ,. .. T... r..:..:-�;i.�=. ....-----. .. ...».., ... ... .__.....a._ ,. _.. ..... ,._ ......, __y... ....._...._......K-... _......_.... a.. 6. The time of closing shall be on or on the date, if any, to which such time is extended by reason of paragraph 2 of the Conditions and Stipulations hereafter becoming operative (whichever date is later), unless subsequently mutually agreed otherwise, at the office of Seller or of the mortgage lender, if any, provided title is shown to be good or is accepted by the Purchased. 7. A duplicate original of this contract, duly executed by the Seller, shall be delivered to the Purchaser within five (5)days from the date •hereof, otherwise, at the Purchaser's option, this contract shall became null and void. This contract is subject to the Conditions and Stipulations set forth below, which Conditions and Stipulations are made a part of this contract. Dated: Seller: CITY OF EVANSTON 2100 Ridge, Evanston, Illinois 60204 By: Joel M. Asprooth, City Manager Purchaser: JEWISH RECONSTRUCTIONIST CONGREGATION (address) By: CONDITIONS AND STIPULATIONS 1. Seller shall deliver or cause to be delivered to Purchaser or Purchaser's agent, not less than 5 days prior to the times of closing, the plat of survey (if one is required to be delivered under the term of this contract) and a title commitment for an owner's title insurance policy issued by in the amount of the purchase price, covering title to the real estate on or after the date hereof, showing title in the intended grantor •subject only to (a) the general exceptions contained in the policy, (b) the title exceptions set forth above, and (c) title exception pertaining to liens or encumbrances of a definite or ascertainable amount which may be removed by the payment of money at the time of closing and which the Seller may so remove at the time by using the funds to be paid upon the delivery of the deed (all of which are herein referred to as the permitted exceptions). The title commitment shall be conclusive evidence of good title as therein shown as to all matters insured by the policy, subject only to the exceptions as therein stated. Seller also shall furnish Purchaser an affidavit of title in customary form covering the date of closing and showing title in Seller subject only to the permitted exceptions in foregoing items (b) and (c) and unpermitted exceptions or defects in the title disclosed by the survey, if any, as to which the title insurer commits to extend insurance in the manner specified in paragraph 2 below. 2. If the title commitment or plat of survey (if one is required ..�.--y. . ...'..1�=�� `,� ..,. .. ._ �,.., .. .1 .,._.. ._....1�..__: �9'':....... ,..R _n ...-�....... ....�.-e... .... ....... �........... _....ww... ...emu..: sy.,p'n...:� _..u_.�__..u... �..._..� w .� to be delivered under the terms of this contract) discloses either unpennitted exceptions or survey matters that render the title unmarketable (herein referred to as "survey defects"), Seller shall have 30 days from the date of delivery thereof to have the exceptions removed from the commitment or to correct such survey defects or to have the title insurer commit to insure against loss or damage that may be occasioned by such exceptions or survey defects, and, in such event, the time of closing shall be 35 days after delivery of the commitment or the time expressly specified in paragraph 5 on the front page hereof, whichever is later. If Seller fails to have the •exceptions removed or correct any survey defects, or in the alternative, to obtain the commitment for title insurance specified above as to such exceptions or survey, defects within the specified time, Purchaser may terminate this contract or may elect, upon notice to Seller within 10 days after the expiration of the 30-day period, to take title as it then is with the right to deduct from the purchase price liens or encumbrances of a definite or ascertainable amount. If Purchaser does not so elect, this contract shall become null and void without further action of the parties. 3. Rents, premiums under assignable insurance policies, water and other utility charges, fuels, prepaid service contracts, general taxes, accrued interest on mortgage indebtedness,if any, and other similar items shall be adjusted ratably as of the time of closing. 4. The provisions of the Uniform Vendor and Purchaser Risk Act of the State of Illinois shall be applicable to this contract. 5. Time is of the essence of this contract. 6. Any payments herein required to be made at the time of closing shall be by cashier's or certified check, payable to Seller. 7. All notices herein required shall be in writing and shall be served on the parties at the addresses following their signatures. The mailing of a notice by registered or certified mail, return receipt requested, shall be sufficient service. 8. Purchaser shall pay the cost of title insurance referred to in • paragraph 1 and 2 herein. Dated: Seller: CITY OF EVANSTON - 2100 Ridge, Evanston, Illinois 60204 By: Joel M. Asprooth, City Manager Purchaser: JEWISH RECONSTRUCTIONIST CONGREGATION 303 Dodge Avenue, Evanston, Illinois 60202 By: