Ordinance 1999-16 9913-L 09/13/1999 02326F of 2
Paul Anderson, Kendall County, IL Recorder
STATE OF ILLINOIS )
) ss
COUNTY OF KENDALL )
ORDINANCE NO. 19 9q-1
ORDINANCE APPROVING SALE OF MUNICIPAL PROPERTY
(Route 47 Vacant Lot)
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, which is legally described as follows:
Lot 3, North Bridge Street Subdivision in the United City of Yorkville, Kendall
County, Illinois.
and located on the West side of Route 47 in the corporate limits of the United City Yorkville; 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, JEFFREY A. SPANG and SANDRA L. SPANG have submitted an offer to
purchase said real property for the sum of$20,000.00,with no contingencies on said contract, and
WHEREAS, it is the intention of the City Council to enter into the Contract to Sell Real
Estate attached as Exhibit"A"hereto and to convey said real property upon payment of the purchase
price by JEFFREY A. SPANG and SANDRA L. SPANG to the United City of Yorkville;
NOW THEREFORE the City Council and Mayor of the UNITED CITY OF YORKVILLE
O
CHICAGO TITLE INSURANCE CO.
Aurora/Yorkville Office
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 above to JEFFREY A.SPANG and
SANDRA L. SPANG for the sum of$20,000.00, upon the terms and conditions set out in said
Contract to Sell Real Property attached hereto and incorporated herein as Exhibit"A".
This Ordinance has been passed by and approved by the United City of Yorkville City
Council and its designated corporate officers Jfdav of I �k� ' 1999.
PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this
day of , A.D. 19'1).
CITY CLERK
BURTON CALLMER DAVE DOCKSTADER
,1
RICHARD STICKA MIKE ANDERSON h
VALERIE BURD ROSE SPEARS
LARRY KOT 11 THOMAS SOWINSKI
APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this
Gay of , A.D. 1
MAYOR
La Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
xcEAL ESTATE SALE CONTRACT Form A
Jeffrey A. Spans and Sandra L Spans_(Purchaser) agrees to purchase at a price of$ 1.00* on
.e terms set forth herein, the following described real estate in the United City of Yorkville Kendall County,
Illinois:
*for the "Game Farm house and $20,000.00 for the southernmost single family residential Lot owned by
the United City of Yorkville in the Subdivision of the United City of Yorkville on the Westside of Rt. 47.
(If legal description is not included at time of execution, Daniel J. Kramer is authorized to insert thereafter.)
commonly known as "Game Farm" , and with
(strike items not applicable) (a) storm and screen doors and
windows; ( ; (d) wall-to-wall, hallway and stair carpeting; (e) window
shades and draperies and support fixtures; (0 venetian blinds; (g) electric,plumbing and other attached fixtures as
installed;(h)water softener;(i)j'efrrgerater(s);0)all installed air conditioners
transmitters; (1) radiator eavers; (m) indoor and atttdaer(110i"wer-AN ; and also
2. United City of Yorkville (Seller)
(Insert names of all owners and their respective spouses)
agrees to sell the real estate and the property,if any, described above at the price and terms set forth herein, and to
convey or cause to be conveyed to Purchaser or nominee title thereto(in joint tenancy)by a recordable Corporation
Warranty deed,with release of homestead rights,and a proper bill of sale,subject only to:(a)covenants,conditions
and restrictions of record; (b) private, public and utility easements and roads and highways, if any; (e)arty waR
hts and agreements, if MY; (d) existing leases and tenaneies; (e) speeial taxes or assessments for impra-vementa
not yet eampleted; (f) any tmeenfitined speeial tax or assessment-, (g)installments not dtte at the date hereof of an
. t!tax or assessment for improvem ents heretafere eempleted;(it)mortgage or trust deed speeified below,if ;
(i) general taxes for the year 1999 and subsequent years including taxes which may accrue by reason of new or
additional improvements during the year(s) 1999; and to date of closing.
3. Purchaser has paid$ 9,000.00 (and will pay within days the additional sum of$ )
as earnest money to be applied on the purchase price, and agrees to pay or satisfy the balance of the purchase price,
plus or minus prorations, at the time of closing as follows: (strike subparagraph not applicable)
(a) The payment of the balance of the purchase price, plus or minus prorations at time of closing.
(b) The aeeeptanee of the title to the real estate by Pttrehase. sttbjeet to a MOftgftge (tFdSt deed) Of fee0rd
" prineipai indebtedness (Whieh the Pttrehaser LEdoesi Edoes not] agree to assttme) aggregating-$--
beat4ng interest at the rate of_% a year, and the payment of a sum whieh represents
the differettee between the amettnt dee on the indebtedness at the titne of eiesing and the balanee of the
pttrehase
4. Seller shall provide a Boundary survey of said Lot to Purchaser's at closing.
5. The time of closing shall be on September 3, 1999,or 20 days after notice that financing has been procured
-hove paragraph 4 is operative, or on the date, if any, to which such time is extended by reasons of paragraph 2
.he Conditions and Stipulations hereafter becoming operative (whichever date is later), unless subsequently
mutually agreed otherwise, at the office of Law Offices of Daniel J. Kramer or Chicago Title Insuance if any,
provided title is shown to be good or is accepted by Purchaser.
6. Seller shall deliver possession to Purchaser on the day the sale is closed.
7. Seller agrees to pay a bruxer's commission to None in the amount set forth in the
broker's listing contract or as follows:
The earnest money shall be held by Law Offices of Daniel J.Kramer Trust Account for the mutual benefit
of the parties.
9. Seller agrees to deliver possession of the real estate in the same condition as it is at the date of this contract,
ordinary wear and tear excepted.
10. A duplicate original of this contract, duly executed by the Seller and his spouse, if any, shall be delivered
to the Purchasers within 3 days from the date below, otherwise, at the Purchaser's option, this contract shall
become null and void and the earnest 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 and
Stipulations are made a part of this contract.
Dated: Auizust 20, 1999
Purchaser: Ct! (Address) � S � ^
effrey A. Spang
Purchaser: n (Address) K `�
Sandra L. Span
-„tler: United City of Yorkville (Address)
By: (Address)
CONDITIONS AND STIPULATIONS
' Seller shall deliver or cause to be delivered to Purchaser or Purchaser's agent, not less than 5 days prior to
time of closing, a title commitment for an owner's title insurance policy issued by the Chicago Title Insurance
Company 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 unless the real estate
is improved with a single family dwelling or an apartment building or four or fewer residential units, (b) the title
exceptions set forth above,and(c)title exceptions 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 that time by using the funds to be paid upon the deliver 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 fiunish 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) unpermitted exceptions, 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 discloses unpermitted exceptions,Seller shall have 30 days from the date of delivery
thereof to have the exceptions removed from the commitment or to have the title insurer commit to insure against
loss or damage that may be occasioned by such exceptions, and in such event, the time of closing shall be 35 days
after delivery of the commitment or the time specified in paragraph 5 on the front page hereof, whichever is later.
If Seller fails to have the exceptions removed, or in the alternative, to obtain the commitment for title insurance
specified above as to such exceptions 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
leduct from the purchase price liens or encumbrances of a definite or ascertainable amount. If Purchaser does
i,vt so elect, this contract shall become null and void without further actions of the parties.
3. No proration of real property taxes will be made because both the house and Lot being purchased were tax
exempt for 1999 while owned by the City of Yorkville.
The amount of any general taxes which may accrue by reason of new or additional improvements shall be adjusted
as follows:
. _X:
gn
shall then be assigned to Pttrehaser. Seller shall pay the amount of any stamp :LMIMIJua byStatelawanthe
trftnsf�r of the title, and shall fttrttish a eempleted Real Estate Transf�r Deeiffation signed by the Seller mr th-e
Seller's agent in the form reqttired ptIrSUCUA to the Rea4 Estate Transf�r Tax Aet of the State of Illinois and shaH
fttrnish any deelaration sign 1 - - -'I-- 0-I I er's age.-A.--.r meet ather as established by any
leeal ot dittanee with regard to a transfer or transaetion tax,,stteh tax reqttired by iaeal ardinanee shall be paid by the
PartY epon whern stteft Ordinance plaees respan2ibility therefor. if sttelt ordinanee does nat so plaee responsibility,
4. The provisions of the Uniform Vendor and Purchaser Risk Act of the State of Illinois shall be applicable to
this contract.
If this contract is terminated without Purchaser's fault,the earnest money shall be returned to the Purchaser,
but if the termination is caused by the Purchaser's fault, then at the option of the Seller and upon notice to the
Purchaser, the earnest money shall be forfeited to the Seller and applied first to the payment of Seller's expenses
and then to payment of broker's commission;the balance,if any,to be retained by the Seller as liquidated damages.
6. At the election of Seller or Purchaser upon notice to the other party not less then 5 days prior to the time of
closing, this sale shall be closed twough an escrow with Chicago Title and'Trust Company,in accordance with the
general provisions of the usual form of Deed and Money Escrow Agreement then in use by Chicago Title and Trust
r^mpany, with such special provisions inserted in the escrow agreement as may be required to conform with this
.tract. Upon the creation of such an escrow, anything herein to the contrary notwithstanding, payment of
purchase price and delivery of deed shall be made through the escrow and this contract and the earnest money shall
be deposited in the escrow. The cost of the escrow shall be divided equally between Seller and Purchaser.
7. Time is of the essence of this contract.
8. All notices herein required shall be in writing and shall be served on the parties at the address following their
signatures. The mailing or a notice by registered or certified mail, return receipt requested, shall be sufficient
service.
9. Purchaser and Seller hereby agree to make all disclosures and do all things necessary to comply with the
applicable provisions of the Real Estate Settlement Procedures Act of 1971. In the event that either party shall fail
to make appropriate disclosure when asked, such failure shall be considered a breach on the part of said party.
10. Alternative 1:
Seller represents that he is not a"foreign person"as defined in Section 1445 of the Internal Revenue Code
and is therefore exempt from the withholding requirements of said Section. Seller will furnish Purchaser
at closing the Exemption Certification set forth in said Section.
11. In consideration of the offer to purchase made hereunder, Sellers & Purchasers incorporate Paragraphs 1,
3, 4, 5, & 6 if a letter from Purchaser's dated July 30, 1999 which is attached hereto as and for paragraph
# 11 of this Contract. Not withstanding the terms of said Letter of Agreement,the City ahs agreed to allow
Purchaser up to and including October 1, 1999 to move the Game Farm house from its current location.
12. In the event of a cause majeure, such as weather conditions, act of God or the like that would prevent
moving the residence, the moving date provided in paragraph 11 shall be adjusted by agreement of the
parties. In the event a cause majeure did occur, the Purchaser will use their best efforts to move said
residence.
Jeff Spans
• 907 South Main Sties
• Ymdcville, II. 60560
July 30, 1999
Joseph Wywrot
City of Yorkville
111 West fox Street, Suite 3
Yorkville,IL 60560
Dear Mr. Wywrot:
Subject:Game Farm House.PCo'posal and I ether of Irr6errt
I am submitting this Letter of Intent with the hope that the City Ccsurcil will accent this proposal for
the relocation of the Game Farm House, In as effort to dispel any confusion, I have outlined the terms we
seek in order to accomplish this project in a timely and cost effective manner for all parties. If,after review of
these terms, you or any member of the City Council has any questions, I would be happy to make myself
available to respond. My feebly and I will be out of state during the next week but we will return and I will be
at your disposal as ofAugust 10'", 1999. We wish to proceed under the following terms:
1),i ne City of Yorkville agrees to sell the Game Farm house to us for S1. All window air conditioning units-fie
to remain installed. We will raise the structure and load it onto moving equipment and remove it from its
presMt location on or before September 15'x. The City agrees that this iseall we are required to remove from
the site:
Z)The Ctty otYorkville agrees to sell and convey clear title to the southern most tot on Bridge Street at Park
Stroer fora oost.not to exceed S20,000.
3) UtCity of Yorkville agrees to waive all fees under their jurisdiction in consideration of the this project We
agree to remit$150 for tha cost of the:.-ator meter and the$1 for the hou:a. We agr$a to pay tho Yc L:zklo.
Bristol Sm itary District tap fee of S900.
4)The City of Yorkville agrees to remove the electrical power to the structure and remove the electrical pole
and lighted sign in front of the structure.
5)The City of Yorkville agrees to allow the structure to be transported across the Library parking lot and
access road, across the Beecher Center recreational fields, and across the public works yard to be placed on the
aforementioned lot. The City agrees to assist us in acquiring any easements needed to complete this move. We
will, at our expense, remove and replace the street light at the southwest comer of the Library property. We
will, at our expense,remove and replace the necessary Public Works Department fencing. The City of Yorkville
agrees to clear the required path through the Public Works Department yard,including leveling or moving the
black dirt pile at the northwest comer of the public works yard. This black dirt pile may be used by the house
moving contractor, if needed, to bridge the watercourse at the west edge of the public works yard. We agree
to hire a landscaping contractor to restore any turf damage we cause by moving equipment on City property.
6)The City of Yorkville will permit removal of the tree at the north east corner of the public works garage to
allow passage space for the house. e
7)It is our intention to place the hope on a basement foundation as soon as is feasible. Due to the lateness of
the project and the resulting crowd schedules of foundation contractors, it may become necessary to allow
the house to sit on the destination lot until the foundation can be constructed. This should be completed within
60 to 90 days.
AJgus111, 1999
• Page 2
We intend to use the house as a primary residence for a family member. We are prepared to accomplish this
task on a cash basis. The following is our budget for completion of this project:
Land Aquistion $20,000
Moving cost 24,000
Foundation/Excavation 15,000
Site Improvements 4,000
Electrical 2,500
Carpentry 4,000
Plumber 2,500
Fees 1,051
HVAC 3,000
WatsdAugsr RL47 1,500
Misc. Exp 5.000
Total Projected Costs 582,551
It is worth noting that while we are asking for some consideratiosl by the City of Yorkville in regards to fees,
we will save the City in excess of S9,000 dollars in demolition costs and intend to remit an additional 520,000
to the City for the purchase of the lot. As you can see from our projected budget, the cost of this project is
substantially higher than presented in the meeting of July 29, 1999.
Sincerely,
Jeff Spang