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HomeMy WebLinkAboutORDINANCES-1984-095-O-847/13/84 7/17/84 95-0-84 AN ORDINANCE I Authorizing the Lease with Option to 11 Purchase Municipally Owned Real Property • Commonly Known as the Clark -Benson Triangle WHEREAS, the City of Evanston owns the following described real property: Lots5, 6, 7 and 8, those portions of Lots 2, 3, 4, 9 and 10 lying South of a line drawn from a point 44.16 feet East of the Northwest corner of Lot 10 Southeasterly to a point 2.13 feet South of the Northeast corner of Lot 4, and the vacated 20 foot alley lying South of said line, all in Block 8, in the Village of Evanston, Subdivision of Section 13, Township 41 North, Range 13 and Sections 7, 18, and 19, township 41 North, Range 14, all East of the Third Principal Meridian, in the Northwest 1/4 of Section 18, Township 41 North, Range 14, East of the Third Principal Meridian, all in the City of Evanston, County of Cook, State of Illinois, i commonly known as the Clark -Benson Triangle, which property is II located in the City of Evanston, Illinois; 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 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 lease with option to purchase of said property to qualified parties who will develop said property; and WHEREAS, pursuant to motion passed October 4, 1982 i+ and pursuant to Ordinance 6-0-84 of the City of Evanston, the City Council by a vote of 2/3 of the elected aldermen then holding office did direct that the process to lease with an option to purchase said property shall be by a negotiated sale and that the City Manager shall be authorized to negotiate on • behalf of the City. WHEREAS, pursuant to said motion and ordinance said negotiations have occurred; and 95-0-84 WHEREAS, the City Manager recommends that a lease I with option .to purchase between the City of Evanston and I� Sherman Place Associates, an Illinois limited partnership of which the Carley Capital Group, a Wisconsin.general partnership • (James Carley and David Carley, general partners), be accepted by the City. Said lease is marked as Exhibit A, attached hereto and incorporated herein by reference; 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 lease with option to purchase on the terms as set forth in Exhibit A; and WHEREAS, the notice of intent to lease with option to , purchase 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: SECTION 1: The City Council of the City of Evanston finds as fact the recitals 9 hereinabove set forth. SECTION 2: The negotiated lease with.option to purchase of the Clark -Benson Triangle to Sherman Place Associates, an Illinois limited partnership of which the Carley Capital Group, a Wisconsin general partnership (James Carley and David Carley, general partners), as set forth in Exhibit A hereto, is hereby accepted by the City Council of the City of Evanston for the following described real estate: Lots 5, 6, 7, and 8, those portions of Lots 2, 3, 4, 9, and 10 lying South of a line drawn from a point 44.16 feet East of the Northwest corner of Lot 10 Southeasterly to a point 2.13 feet South of the Northeast corner of Lot 4, and the vacated 20 foot alley lying South of said line, all in Block 8, in the Village of Evanston, Subdivision of Section 13, Township 41 North, Range 13, and Sections 7, 18 and 19, Township 41 North, Range 14, all East of the Third Principal Meridian, in the Northwest 1/4 of Section 18, Township 41 North, Range 14, East of the Third Principal Meridian, all in the City of Evanston, County of Cook, State of Illinois, i commonly known as the Clark -Benson Triangle. CV= v 95-0-84 SECTION 3: The City Manager is hereby authorized and directed to sign, and the City Clerk is hereby authorized and directed to attest, a contract for the • lease with option to purchase of the aforesaid real estate, which contract shall be in accordance with the attached Exhibit A, provided, however, that the project is in compliance with all applicable codes, including the Zoning Ordinance. However, the City Manager is further authorized to negotiate any additional conditions on the lease with option to purchase of the aforesaid property as may be deemed fit and proper. SECTION 4: Upon satisfaction of the terms of the aforesaid contract, and upon the payment or securing of the purchase price and exercise of the option to purchase in the manner provided in said contract, the Mayor is hereby authorized and directed to convey and transfer the aforesaid real estate to the -Sherman Place Associates, an Illinois limited partnership of which the Carley Capital Group, • a Wisconsin general partnership (James Carley and David Carley, general partners), or its assignee by a proper deed of conveyance, stating therein the consideration as set forth in Exhibit A, and the City Clerk is hereby authorized to acknowledge and attest such deed, and to affix thereto the Seal of the City of Evanston. 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: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7: This ordinance shall be in full force • and effect from and after its passage, -3- 95-0-84 I f approval, and publication in the manner provided by law. I • Introduced: 2 3 I r Adopted: ezv'14'a� 4 II I ATTEST: II City Clerk Ap owed as t Norm: l Corporation ounsel • 1984. 1984. Approved, �L t , 1984. -4-