HomeMy WebLinkAbout028-O-23 Authorizing the City Manager to Execute a Sale Contract for City Owned Real Property located at 1739 Brown Avenue and 1319 McDaniel Avenue to Evanston Township High School District No. 202
3/13/2023
28-O-23
AN ORDINANCE
Authorizing the City Manager to Execute a Sale Contract for
City Owned Real Property located at 1739 Brown Avenue and 1319
McDaniel Avenue to Evanston Township High School District No. 202
WHEREAS, the City of Evanston owns real property located at 1739
Brown Avenue and 1319 McDaniel Avenue, Evanston, Illinois, 60201 and legally
described in Exhibit A, attached hereto and incorporated herein by reference (the
“Subject Properties”), which currently have no use; and
WHEREAS, the City acquired the Subject Properties to implement the
Intergovernmental Agreement for Affordable Housing Agreement (“Agreement”) dated
February 11, 2018 by and between the City and Evanston Township High School
District No. 202 (ETHS); and
WHEREAS, ETHS will construct homes through the Geometry in the
Classroom program and the home will be relocated to the Subject Properties; and
WHEREAS, the City Council of the City of Evanston has determined that
ownership of the aforesaid Subject Properties is no longer necessary, appropriate,
required, convenient, profitable, or in the best interests of the City of Evanston and
seeks to sell the Subject Properties to ETHS to further implement terms of the
Agreement for affordable housing; and
WHEREAS, the City Manager recommends that the City Council hereby
approve the sale of the Subject Properties, with the City as Seller and ETHS as Buyer;
and
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WHEREAS, the City Council hereby finds and determines that the best
interests of the City of Evanston and its residents will be served by conveying the
Subject Properties pursuant to Section 1-17-5 of the City Code, on terms consistent
with the Sale Agreements for Real Estate, attached hereto as Exhibit B and
incorporated herein by reference (hereinafter, the “Agreements”),
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: The foregoing recitals are hereby found as fact and
incorporated herein by reference.
SECTION 2: The City Council of the City of Evanston hereby approves
the sale of the Subject Properties with the City as Seller and ETHS as Buyer.
SECTION 3: The City Manager is hereby authorized and directed to sign,
and the City Clerk is hereby authorized and directed to attest, the Agreements, pursuant
to the terms of which the Subject Properties shall be conveyed. The City Manager is
further authorized to negotiate any changes or additional terms and conditions with
respect to the sale of the aforesaid Subject Properties as the City Manager may deem
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 effectuate the sale herein
authorized.
SECTION 5: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
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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.
SECTION 7: If any provision of this ordinance or application thereof to
any person or circumstance is held unconstitutional or otherwise invalid, such
invalidity shall not affect other provisions or applications hereof that can be given
effect without the invalid provision or application, and each invalid application hereof is
severable.
SECTION 8: The findings and recitals contained herein are declared to be
prima facie evidence of the law of the City and shall be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
Ayes: ______________
Nays: ______________
Introduced:_________________, 2023
Adopted:___________________, 2023
Approved:
__________________________, 2023
_______________________________
Daniel Biss, Mayor
Attest:
_____________________________
Stephanie Mendoza, City Clerk
Approved as to form:
_______________________________
Nicholas E. Cummings, Corporation
Counsel
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March 27,2023
March 13,2023
April 01