Resolution 1997-01A � .
STATE OF ILLINOIS )
ss
COUNTY OF KENDALL )
RESOLUTION NO.
RESOLUTION AUTHORIZING SALE OF MUNICIPAL PROPERTY
(WALNUT STREET)
NOW COMES, the Mayor and City Council of the United City of Yorkville, who are desirous
of selling certain publicly owned real property of the United City of Yorkville; and
WHEREAS, upon careful consideration and deliberation the City Council and Mayor have
determined it to be in the best interest of the United City of Yorkville to sell real property owned by
the City consisting of� acres, which is legally described in the attached Exhibit "A" and
located on the north side of Walnut Street in the corporate limits of the United City Yorkville; and
WHEREAS, the City Council and Mayor have deemed it in the best interest of the City to use
the proceeds from the sale of said real estate for the construction of a city administrative building,
improvement of existing or to be acquired city administrative buildings, or the improvement or
acquisition of a city administrative building site; and
WHEREAS, the City has commissioned an MAI certified appraiser to perform an appraisal
on the subject real property and that appraisal is an amount sufficient that the offer to purchase said
real property hereinafter referred to consists of at least 80% of the appraised value of said appraisal;
and
WHEREAS, Saint Patrick's Catholic Church has submitted an offer to purchase said real
property for the sum of$232,800.00, with no contingencies on said contract, and
WHEREAS, real property is currently zoned B-2 and may be used for a church parking lot,
and other related church uses pursuant to the zoning ordinance of the United City of Yorkville; and
WHEREAS, it is the intention of the City Council to enter into the Contract to Purchase Real
Estate attached as Exhibit`B"hereto and to convey said real property upon payment of the purchase
price by Saint Patrick's parish to the United City of Yorkville;
NOW THEREFORE the City Council and Mayor of the UNITED CITY OF YORKVILLE
pursuant to 65 ILCS 5/11-76-4.1 are hereby authorized and do agree by a 3/4 vote of the City
Council holding office to sell the subject real property described in the attached Exhibit "A" to Saint
Patrick's Catholic Church for the sum of$232,800.00, upon the terms and conditions set out in said
Contract to Sell Real Property attached hereto and incorporated herein as Exhibit "B".
This Resolution has been passed by an4,approved by the United City of Yorkville City
Council and its designated corporate officers ay of , 1997.
Mayor
ATTEST:
C1
Approved by a to 0 vote
Prepared by and return to:
Law Offices of Daniel J. Kramer
1107A South Bridge St.
Yorkville, Illinois 60560
630.553.9500
F:\CLIENTS\CITYOFYO\RESOLUTI\stpats
.egal Description for Kramer/City of Yorkville #6441
Walnut Street (St. Pat's)
That part of the Southwest Quarter of Section 28, Township 37 North, Range 7 East of the Third
Principal Meridian described as follows: Commencing at the Southwest Corner of Gutherie
Subdivision, thence North 82 035'00" West along the center line of Walnut Street, 330.0 feet for a
point of beginning, thence North 07°25'00"East, 468.0 feet; thence 82°35'00" West, 77.08 feet,
thence westerly along a tangential curve to the left having a radius of 533.31 feet, an arc distance of
263.51 feet; thence South 07°25'00" West, 404.21 feet to said center line; thence South 82°35'00"
East along said center line, 330.0 feet to the point of beginning in Yorkville, Kendall County, Illinois
and containing 3.425 acres_
T 0 "d V96O 2SS Sol 'OOSSU NOS1O 'W SSWUr Wd 00: T 0 I NJ L6-8Z-aUW
Fm". obert P Pilmer To: Fr.ZaloNs-St.Patrick'- Date 2/24/97 Time: 12:'^A4 PM Pape 2 of
MOW 08:57 FAX S59 S, KRA31ER LAW
t00-
Real Estate Sales Contract
I. St.Patrick's Church ot-nominee (Purchaser) agrees to purchase at a price of S23;_899,00 on the terms set forth
herein, the following described real estate in Yo��County,Alinois:
See attached legal description
commonly known as W.Sigut Street 21mgerhy
2 (Seller) &groom to sell the real estate and the property described above, if arty, at the
price and terms set forth herein,and to convey or cause to be conveyed to Purchaser or nominee title thereto by a recordable
%Omm deed, with release of homestead rights, if arty, and aproper bill of sale, subject only to: (a) covenants, conditions
and restrictions of record; (b)public and utility easements end roads and highways, if any.
3. Purchaser has paid $ 10,990,01_ as easiest money to be applied on the purchase price, and agrees to pay or satisfy
the balance of the purchase price, plus or minus proration,at the time of closing as fbllowa:
(a) The payment of the balance of the purchase price, plus or minus, pro-rations at time of closing.
4. Seller, at his own expense, agrees to furnish Purchaser a current plat of survey of the above real estate made, and so
certified by the surveyor as having been made, in compliance with the Illinois Land Survey Standards.
5. The time of closing shall be onJAudL $, 1297 .. or on the date, if any, to which such time is extended by reason of
paragraphs 2 or 10 of the Conditions and Stipulations hereafter becoming operative (whichever date is later) unless
subsequent mutually agrccd otherwise,at the office of Krwer or of the mortgage tender, if any, provided title
is shown to be good or is accepted by Purchaser.
6. The egrnest money shall behold by th nited City 9f Ygrkvill for the mutual benefit of the parties.
7. Seller warrants that Seller,its beneficiaries or agents of Seller or of its beneficiaries have received no notices from ar>}
city,village, or othor governmental authority of zoning,building, fire or health code violations in respect to the real estate
that have not been heretofore corrected
8. A duplicate original of this contract, duly executed by the Sellers shall be delivered to the Purchaser within•1,0 day:
from the date hereof, otherwise, at the Purchaser's option, this contract shall become null and void and the eamest money
shall be refunded to the Purchaser.
This contract is subject to the Conditions and Stipulations set forth on the back page hereof, which Conditions an
Stipulations are made a part of this contract.
Dated
PurchtBfdMA
(Address) 425 Summit St. , Joliet, IL
DIOCESE OF JOLIET, 60435
By A TR
J e L. Imesch
11sten—'_ -lion
Seller ( /, (AddreSS)
By: �`
Fran:Rdnert P. Primer To:Fr,2alorws•St. Patrick's Onto:2124/97 Time: 12:23:44 P' Papa 3 of 3
/�1^i9T MON 06:57 FAX 353 $764 KRAMER LAW zoos
CONDITIONS AND STIPULATIONS
Heller shall dcliver or cause to be dclivend to Punhasw or Purchasers agent,not less than 5 dW prior to the time of closing,the Alta plat of
survey(if ono is required to be delivered under the terns of this contract)and a title commitment including extended coverage for an Owner's title
insurance pntiey by the Chicago Title insurance Company its the amount of the purchase prise,ooverivg title w the real estate out or oRer the date
hereof,showing title in the intended grantor subject only to(a)the general exceptions contained in the policy,(b)the title exceOOd Set fbVA above,
and(c)title allegations pertaining to lietu or tatcumbranaes of a definite or sawrtainable amount which may be removed by the pasyrrtent of motley
at the time of closing end which the Seller may so remove at that time by wing the hinds to be paid%Spina the delivery of the deed(AU of which ore
horoin mformd to as the pennirtcd exceptions). The title comrnitrnent;shall be conclusive evidcaco of good title as therein shown as to all matters
insured by the policy,subject only to the exceptions e>s therein stated. Seller otso shall furnish Purchaser an afl!idrAt of title in customary form
covering tho date of closing and showing title in Setter subject only to the permitted exceptiom in forcgoing items(b)and(e)and unpermiued
cxcoptions or defects in the title disclosed by the stnVy,ifjrty,as to which the title insurer commits to extend insuritRcs its the maw+cr spociftcd
in paragraph Z below.
2. Ythe title commitment or plat of svvvey(if one istequirsd to 1st dellvere d under the tetltts of thb contract)discloses either uAPVrmittod eKOeptlons
or survey matter that render the title unmarketable(heroin refcrted to as"survey defects"),Seller shall have 30 days$Om the date of delivery thereof
to hmv ttta exceptions removed Aim tits commitment or to correct such swwy defoets or to have the title insurer commit to insure against loss or
dmncgc that they be occasionod by such exceptions or survey defects,and,in such eveltt,the time or closing sba11 be 75 days alter delivery of the
crxrunitrncart taw time expressly specified in paragraph 5 on the front page hereof,whichever is later. If Seller fills to have the exceptions removed
or con any satiny dofbcts,or in the alternative,to obtain the con nibnatt for title insurance specified above as to such exceptions or survey deflects
within the specified time,Purahosor may terminate this contract or may elect,upon notice w Better wid%W 10 days after the expiration of the 30Asy
periml, to lane title as it than Is with the right to deduct front the purchase price time or cncurAbrances of it definite or 4scertatuble amount. If
Purchaser dues not so elect,this contract shell become null and void without further actions of the parties.
3. All pmrntions are final unlass otht rMse provided herein, 5diting leasos and assignable insurance Polities,if any,shall theta be assigned to
Purchaser, Seller shall pay the amount of any ertamp tax imposed by State law on the transfer of the title,and shall flnnith a complete Real Estate
'rronrfer Declaration signed by the Seller or the Seller's Wnt in the fbrrn acquired pursuant to the Real Estate Trattsfor Tax Act of the State of Illinois
and shall Rrmfsh any declaration sinned by the Seller or the Soller's agent or meet other requIrwients as established by any 10041 ordinance with
regard o A ftrisfer or transaction tax;such Wx required by keel ordinance shall be paid by the party upon ttuhom such ordinance places responsibility
"icroGn. if suoh ordinance does not so place responsibility,the tax shall be paid by the(ParohaaasX3e11or),($Viks nine)
4. The provisions of the Uniform Vendor and Purchler Risk Act of Me State of Illinois shall be applicable to this contract.
S. Irthis cantmot is terminated without Purchasers fault,the earnest motley shall be rettaned to the Purchaser,but if the termination is caused by
the ltun hala4rr's fault,then at the(gxion of the Sailor and upon notice to the Purchaser,the earnest money shall be(incited to rite Seller and applied
fast to the payment of Scllces expenses and then to payment ofbrokeen commission;the balance,if any,to be retained by the Seller a:liquidated
damages.
4.At the cteotion of Wier or Purchasar upon noliee to the 4wrparty not lass that 5 drys prior to the time of closing,this sale shall be closed through
an escrow with Chicago TWO and'Dust Company, in accordance with the general provisions of the usual form of Deed and Money Escrow
Agnoomont then in use by Chicago Title and Trust Company,with such special provisions inserted In the escrow element as may be required to
oonktmt--.ith this contract. Upon the creation of sueh an escrow,anything hereitt to the eentrary notwvithstending,payment of puumhase price and
delivery of doed shall be made through the escrow and this contract and the earnest money shell be deposited in the escrow. The cost of the escrow
shall be divided equally bel%vm Seller and Purchaser.(Solke paralroph tf rnapplicable.)
7. Time is ortho essence of this contract.
0, All notices herein required shall be in writing and shall be served an the parties at the addresses following their fipatLt=, The trailing of a
notice by rogisteted or certified mail,return receipt requested,shall be euffieiant stnvloe,
9. Sutler represents that he is not a "foreign pawn" as defined in Section 1445 of the Internal Revenus Code and is the refte cxe mpt from the
withholding requirements of said Section, Sailor w-31 Nmish Purchaser out closing the Exemption CortificAtion set forth in said Section,
10. (A) Purchaser and Seller agree that the disclosure requirements of the Illinois Responsible Property Trxnv tt Act do apply to the tronsft:r
contemplated by this contract.
(A) Seller agrees to execute and deliver to Tuuchaser and each mortgage lender ofPurehaser such disclosure documents as may be required
by the Illinois Responsible Property Truwfar Act.
(C) Purr-bow agrees to notify Seller in wrfdng of the name and post office address of cash mortgage lender who has issued a oetnmit Ment to
(Inane the purotttrsa hamundcr, or any part thereof-,such notice shall be furnished within 10 days after inuanee of any such cnmrnitment,but
in no seen less that 40 days prior to delivery of the dead hereunder unless waived by such tender or lenders. Purchaser fiuuther agrees to place
of rumors!Minultaneotuly with the dead recorded psrrttant to this contract,any dise103urs statement Arrnished to Purchaser pursuant to paragraph
I 0(D)And within 30 days after delivery of the dead hereunder,to file a true and correct copy of said disclosure document with the ftois
Envtronmontal Protection Aruncy.