HomeMy WebLinkAboutRESOLUTIONS-1991-055-R-9155-R-91
A RESOLUTION
Authorizing the City Manager to Execute a
Contract for the Purchase of Certain Real Estate
(Commonly known as East Railroad)
•
WHEREAS, it is in the best interests of the people of
Evanston and beneficial to the economic health of the City of
Evanston to pursue the development of a downtown Transportation
Center which would provide a pedestrian link between the two
downtown rail stations located between Church and Davis Streets;
and
WHEREAS, the City of Evanston has obtained
preconstruction and construction grants from the State of
Illinois to assist in the development of said Transportation
Center; and
WHEREAS, in order to develop the pedestrian plaza
connecting the rail stations, it is necessary to acquire certain
real estate; and
• WHEREAS, to complete the land assembly necessary for
the pedestrian plaza, it is necessary for the City to acquire
the property commonly known as East Railroad Avenue and legally
described as follows:
A PARCEL OF LAND IN THE SOUTH WEST 1/4 OF SECTION
18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH EAST CORNER OF LOT 1 IN
DEMPSTERS SUBDIVISION OF BLOCK 66 IN THE CITY OF
EVANSTON, RECORDED AUGUST 23, 1860; THENCE ON AN
ASSUMED BEARING OF SOUTH 89 DEGREES 49 MINUTES O1
SECONDS WEST, ALONG THE NORTH LINE OF SAID
SUBDIVISION, 324.29 FEET TO THE NORTH WEST CORNER OF
LOT 12 OF SAID SUBDIVISION, SAID POINT BEING ON THE
EASTERLY RIGHT OF WAY LINE OF THE CHICAGO, MILWAUKEE
AND ST. PAUL RAILROAD COMPANY AS DESCRIBED IN THE
DEED RECORDED APRIL 29, 1854 IN BOOK 75, PAGE 482 IN
COOK COUNTY, ILLINOIS, SAID POINT ALSO BEING THE
POINT OF BEGINNING; THENCE SOUTEASTERLY ALONG SAID
RIGHT OF WAY ALONG A CURVED LINE HAVING A RADIUS OF
5815 FEET, WHOSE CENTER OF CIRCLE BEARS SOUTH 57
DEGREES 58 MINUTES 26 SECONDS WEST, 514.42 FEET,
CENTRAL ANGLE 5 DEGREES 04 MINUTES 07 SECONDS, TO
THE SOUTH WEST CORNER OF LOT 27 OF SAID DEMPSTERS
SUBDIVISION; THENCE SOUTH 89 DEGREES 48 MINUTES 02
SECONDS WEST ALONG THE SOUTH LINE OF SAID
SUBDIVISION, SAID SOUTH LINE ALSO BEING THE NORTH
LINE OF DAVIS STREET, 47.84 FEET TO THE SOUTH EAST
CORNER OF THE EXISTING RETAINING WALL OF THE
CHICAGO AND WESTERN RAILROAD; THENCE NORTHWESTERLY
FOLLOWING SAID RETAINING WALL ALONG THE FOLLOWING
SEVEN COURSES; THENCE NORTH 29 DEGREES 05 MINUTES 26
55-R-91
SECONDS WEST, 55.96 FEET; THENCE SOUTH 60 DEGREES 34
MINUTES 34 SECONDS. WEST, 7.00 FEET; THENCE NORTH 28
• DEGREES 42 MINUTES 30 SECONDS WEST, 188.99 FEET;
THENCE NORTH 60 DEGREES 56 MINUTES 37 SECONDS EAST,
23.82 FEET; THENCE NORTH 28 DEGREES 39 MINUTES 45
SECONDS WEST, 169.57 FEET; THENCE SOUTH 60 DEGREES
54 MINUTES 41 SECONDS WEST 23.96 FEET; THENCE NORTH
28 DEGREES 28 MINUTES 48 SECONDS WEST, 99.78 FEET TO
A POINT ON THE NORTH LINE OF SAID DEMPSTERS
SUBDIVISION, SAID LINE ALSO BEING THE SOUTH LINE OF
CHURCH STREET; THENCE NORTH 89 DEGREES 49 MINUTES 01
SECONDS EAST, 47.82 FEET TO THE POINT OF BEGINNING,
ALL IN COOK COUNTY, ILLINOIS DLS.
and as shown on Exhibit A.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That the City Manager of the City of
Evanston is hereby authorized and
directed to enter into a contract and negotiate additional terms
as necessary and desirable and take title to said property as
described in Exhibit A hereto. The contract for the sale of
is said property shall be in substantial conformity to the contract
attached hereto and incorporated herein as Exhibit B.
SECTION 2: That this Resolution shall take and
effect and be in full force from and after its passage as
provided by law.
Mayor
ATTEST:
it
Cit Clerk
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Adopted: c,F /�_ 1991
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OFFER TO PURCHASE
CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY
ONE NORTH WESTERN CENTER
CHICAGO, ILLINOIS 60606
ATTENTION: REAL ESTATE AND INDUSTRIAL DEVELOPMENT DEPARTMENT
OFFER TO THE UNDERSIGNED (HEREINAFTER CALLED THE -BUYER-). HEREBY OFFERS AND AGREES TO PURCHASE FROM YOUR COMPANY (HEREINAFTER
BUY CALLED THE "SELLER"), THE INTEREST OF THE SELLER IN THE REAL ESTATE SITUATED IN THE CITY p 1EVA $OF Evanston
COUNTY OF Cook , AND STATE OF Illinois SHOWN OUTLINED IN
• yellow COLOR ON THE MAP MARKED EXHIBIT'A", WHICH IS ATTACHED HERETO AND MADE APART HEREOF (SAID REAL
ESTATE BEING HEREINAFTER CALLED 'SAID PREMISES'), AT THE PRICE AND UPON THE TERMS AND CONDITIONS HEREIN, INCLUDING THOSE SET FORTH ON
THE REVERSE SIDE HEREOF, AND ON THE ADDENDUM, IF ANY.
PURCHASE 1. BUYER AQREES TO PAY SELLER A TOTAL PURrHASE PRICE OF FIFTY THOUSAND FOUR HUNDRED AND NO/100
PRICE ($50,400.00) DOLLARS-. - - -+ - - -- - - - - -- .-.----. _.----
— — — — — — — '�► — — — — — — — — — — — — — — — — '1,F WHICH THE AMOUNT OF
FIVE THUU5AND KIM AND NU/IUU,($5,U4U.UU) DULLAKS - - - - - - - - - - - - - - - -
(HEREINAFTER CALLED THE "DEPOSIT"), IS PAID HEREWITH TO SELLER, TO BE REFUNDED IF THIS OFFER IS NOT ACCEPTED BY SELLER WITHIN ONE
HUNDRED TWENTY (120) DAYS FROM THE DATE THIS OFFER IS MADE, OTHERWISE TO BE APPLIED TO THE PURCHASE PRICE. THE BALANCE OF THE PUR-
CHASE PRICE IS TO BE PAID TO SELLER BY CASHIER'S OR CERTIFIED CHECK AT SELLER'S OFFICE WITHIN THIRTY 1301 DAYS FROM THE DATE THIS OFFER
IS ACCEPTED BY SELLERrr ., . , ...... CASHING OF THE DEPOSIT SHALL NOT CONSTITUTE AN ACCEPT.
ANCE OF THIS OFFER.
CONVEYANCE 2. SELLER SHALL CONVEY OR CAUSE SAID PREMISES TO BE CONVEYED TO BUYER BY QUITCLAIM DEED, BUT WITHOUT DOCUMENTARY STAMPS
OF WHICH BUYER AGREES TO PURCHASE AND AFFIX TO THE DEED WITH THE EXCEPTIONS AND RESERVATIONS AND UPON THE TERMS AND CONDITIONS
PROPERTY CONTAINED IN THIS OFFER. THE GRANTEE IN SAID DEED SHALL BE THE BUYER AS SHOWN BELOW UNLESS BUYER SHALL DESIGNATE SOME OTHER PARTY
BY WRITTEN NOTICE TO SELLER WITHIN FIFTEEN (15) DAYS AFTER THE ACCEPTANCE OF THIS OFFER. BUYER GUARANTEES PERFORMANCE BYSUCH OTHER
PARTY OF ALL TERMS AND CONDITIONS HEREOF. A DRAFT OF THE DEED WITH A DESCRIPTION OF SAID PREMISES SHALL BE FURNISHED TO BUYER AT THE
TIME OF ACCEPTANCE OF THIS OFFER. BUYER SHALL HAVE . . . SAID PREMISES SURVEYED BY A REGISTERED SURVEYOR AT BUYER'S SOLE
COST AND EXPENSE ....... 1 _ ..., .. __ :., wt-`Bef"OE' t .::::; I . _'. . L,
DAY�AFiffFiM_ „ _ CT _ _ L. A COPY OF SUCH SURVEY SHALL THEN BE SERVED UPON THE SELLER
for approval WITHIN FORTY (40) DAYS AFTER THE DATE OF SERVICE OF THE DRAFT OF DEED AND THE DESCRIPTION OF SAID PREMISES ACCORDING TO SUCH SURVEY
SHALL BE CONCLUSIVE UPON THE PARTIES. C: :: ei. ;:, ,: :..:_ _ _ : "•",, . ,. �_ ._
IF BUYER SHALL HAVE COMPLIED WITH THE AFORESAID PROVISIONS IN RESPECT 10 A
SURVEY THE TIME OF PAYMENT OF THE BALANCE OF THE PURCHASE PRICE SHALL BE EXTENDED FOR A PERIOD OF FORTY (40) DAYS.
SELLER'S 3. THIS OFFER AND ANY CONVEYANCE TO BUYER HEREUNDER SHALL NOT INCLUDE RAILROAD TRACKS AND APPURTENANCES THERETO,
TRACKS AND BUILDINGS OR ANY OTHER IMPROVEMENTS ON SAID PREMISES OWNED BY SELLER, ALL OF WHICH MAYBE REMOVED BYSELLER WITHIN NINETY (90) DAYS
BUILDINGS (WEATHER PERMITTING) AFTER WRITTEN DEMAND BY BUYER FOLLOWING THE PAYMENT OF THE TOTAL PURCHASE PRICE, AND IF NOT SO REMOVED
WITHIN SAID PERIOD SHALL BE DEEMED ABANDONED BY SELLER WITHOUT OBLIGATION ON SELLER'S PART AND SHALL THEREAFTER BE AND BECOME
BUYER'S PROPERTY IN PLACE.
LIQUIDATED
4. TIME IS OF THE ESSENCE OF THIS AGREEMENT, AND IF BUYER SHALL DEFAULT OR FAIL TO PERFORM THIS AGREEMENT WITHIN THE TIME LIMITS
DAMAGES AND
HEREIN SPECIFIED, SELLER MAY, AT ITS ELECTION, RETAIN THE DEPOSIT AS AGREED LIQUIDATED DAMAGES AND JUST COMPENSATION AND NOT AS A
SPECIFIC
PENALTY OR FORFEITURE, AND DECLARE THIS AGREEMENT TERMINATED, OR PROCEED TO HAVE THIS AGREEMENT SPECIFICALLY ENFORCED.
PERFORMANCE
STATE
5. BUYER HEREBY WARRANTS THAT BUYER DID NOT ENGAGE OR USE THE SERVICES OF ANY REAL ESTATE BROKER OR AGENT IN ANY MANNER NERC>�OIISSION
WHATSOEVER IN CONNECTION WITH SAID PREMISES.
NO RAIL
6. SELLER MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO CONTINUED RAIL SERVICE TO SAID PREMISES.
SERVICE
CONVEYANCE
7. SELLER'S DEED WILL PROVIDE THAT BUYER SHALL, AT BUYER'S SOLE EXPENSE, TAKE ALL STEPS NECESSARY TO COMPLY WITH ANY AND ALL
REQUIREMENT
GOVERNMENTAL REQUIREMENTS RELATING TO THE CONVEYANCE OF SAID PREMISES, INCLUDING LAND SUBDIVISION OR USE REQUIREMENTS AND
PAYMENTS FOR ANY AND ALL TRANSFER TAXES OR OTHER TAXES AND FEES INCIDENTAL TO THE RECORDATION OF THE DEED IN THE EVENT BUYER FAILS
TO COMPLY WITH ANY SUCH REQUIREMENT AND SELLER IS OBLIGATED SO TO COMPLY, THEN BUYER SHALL BE LIABLE FOR ALL COSTS, FEES, EXPENSES,
INTERESTS AND JUDGMENTS AGAINST SELLER, AND THE SAME SHALL CONSTITUTE A LIEN AGAINST SAID PREMISES, UNTIL FULL PAYMENT BY BUYER.
ACCEPTANCE B. THIS OFFER WHEN ACCEPTED AS HEREINABOVE PROVIDED SHALL CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES FOR THE SALE
OF OFFER AND PURCHASE OF SAID PREMISES AND SHALL THEREAFTER BE BINDING UPON AND INURE TO THE BENEFIT OF THE SELLER AND THE BUYER, THEIR HEIRS.
CONSTITUTES EXECUTORS. ADMINISTRATORS. SUCCESSORS AND ASSIGNS.
CONTRACT
THIS OFFER AS SUPPLEMENTED BY ADDENDUM CONSISTING OF One (1 ) PAGE(X ATTACHED HERETO HAS BEEN MADE,
SIGNED AND SEALED BY THE BUYER THIS DAY OF 19 _.
WITNESS: FOR BUYER:
(SEAL)
ADDRESS
ADDRESS OF BUYER
„1 •, •• '1 L. E: f`ll:il,r. :1 i1.1. Ilr .,.Li 1 , n', .. ., ,. .., IL•,.. il,t :ur. 1, .;1 ., a . Ir • .. L1
ADDRESS
? ✓I 1;', I1C (QUYEP,SHOULD CLEARLX.PETIF.pRTWFyu ^NP4gRRAGj o.AME§iQFI PARTY OR PARTIES TQ WEIOM,TIT,1, J(YJ(.L,BE CONVEYED, THEIR ADDRESS, THEIR
RELATIDNS►1IP IF ANY;ANA WHETHER C�ONVEYPNCE 1.SITO PE IN JPINT TENANCY OR OTHERWISE, hM91� A CpM#AN.Y. WHETHER IT IS A PARTNERSHIP, OR
CORPORATION, ADDRESS OF PRINCIPAL OFFICE, AND IF A CORPORATION, STATE OF INCORPORATION, ORRECT'CORPORAYE NAME, CAUSt bFFER TO BE
EXECUTED AND ATTESTED BY APPROPRIATE CORPORATE OFFICIALS.)
THE FOREGOING OFFER IS ACCEPTED BY SELLER THIS 1AY OF 19
ATTEST: CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY
BY
ASSISTANT SECRETARY VICE PRESIDENT
ORIGINAL 11
ADDENDUM TO OFFER TO PURCHASE
THE OFFER TO PURCHASE REAL ESTATE SITUATED AT
MADE BY
ATTACHED IS SUPPLEMENTED AS FOLLOWS:
LE -
LESSEE
LEASE NO:
Evanston, GWk cmmty, nuois
ON
EXPIRATION DATE RENT
TO WHICH THIS ADDENDUM IS
DISPOSITION (CANCEL. ASSIGN OR REVISE)
9. Seller shall reserve for itself, its successors and assigns, the permanent right
to enter upon the area shown shaded in green on the attached Exhibit "A" for the purpose
of constructing, reconstructing and maintaining Seller's retaining wall, including the stair
enclosures, fence atop said wall and lighting fixtures, as well as the northerly, southerly
and easterly walls of the Davis Street passenger station, including windows, gutters and
downspouts. Said easement reservation shall also cover the encroachment of the roof overhang
over said premises.
10. The license agreement dated March�23, 1949 in favor of the City fo Evanston covering
metered, non -commuter parking shall be cancelled effective upon closing.
11. Buyer, its successors and assigns, agrees to forever release Seller, its successors
and assigns, from any and all damages or claims for damages of every kind or nature whatsoever
which may arise by reason of drainage of surface waters from Seller's abutting right of way
onto said premises.
12. Seller agrees that Buyer shall have 60 days from Seller's acceptance of this Offer
to satisfy itself as to the soil and environmental conditions of said premises. In the event
Buyer is not reasonably satisfied, Buyer shall so notify Seller within said time period and
ler shall refund the Deposit to Buyer and this Offer shall thereupon terminate except
any obligations Buyer has already incurred. In the event no such notice is given within
said period, any such contingency shall be deemed to be satisfied and waived by Buyer and
Buyer shall be obligated to consummate the transaction.
•
ORIGINAL 11