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R-837 - 03/11/2003 - TAX - ResolutionsRESOLUTION 2003 -TX- PRPTY- EXP -R- 837 A RESOLUTION AUTHORIZING THE SALE OF SURPLUS PUBLIC REAL ESTATE (A Portion of Lot 5 of the Sports Core/Westchester Park Subdivision) WHEREAS, Section 11 -76 -4 1 of the Illinois Municipal Code (65 ILCS 5/11 -76 -4 1) provides that the corporate authorities of a municipality may, by resolution, authorize the sale of surplus public real estate and further provides that the value of the real estate shall be determined by a written certified appraisal or other appraisal as set forth in the statute, and WHEREAS, that the following question of public policy was placed on the ballot at the November 3, 1998 general election Shall the Village of Oak Brook be authorized to sell not more than three (3) acres )f vacant real estate fronting on Coolidge Street and Lincoln Road in the +Vestchester Park Resubdivision north of Oak Brook Road (31St Street) and west )f York Road in the Village of Oak Brook for single - family residential use, the )roceeds of the sale to be used for making capital improvements at the Oak 3rook Golf Club ? ", and WHEREAS, a majority of the electors of the Village voting at the November 3, 1998 election on the foregoing question voted in favor of the foregoing question of public policy; and WHEREAS, the President and Board of Trustees of the Village of Oak Brook find that a portion of Lot 5 of the Sports Core/Westchester Park Subdivision, comprising approximately 8,526 square feet, and legally described as follows hat part of lot 5 in Sports Core/Westchester Park Subdivision, being a ubdivision in the East half of the Southwest Quarter of Section 25, Township 39 lorth, Range 11, East of the Third Principal Meridian, in DuPage County corded on November 6, 2002 as Document Number R2002- 302921, described s follows 'arcel 1 3eginning at the northwest corner of said lot 5, then proceeding N890- 58' -16 "E (long the north line of said lot 5 a distance of 140 19 feet to the northeast corner )f said lot 5, then S00°- 03' -04 "W along the east line of said lot 5 a distance of ?0 00 feet more or less to the north line extended of lot 1 of Becker's Resubdivision, being a subdivision in -the East half of the Southwest Quarter of Section 25, Township 39 North, Range 11, East of the Third Principal Meridian, in )uPage County recorded on October 9, 1997 as Document Number R97- 154108, then S890- 58' -16 "W along the north line of said lot 1 of Becker's Resubdivision a distance of 140 20 feet more or less to a point on the west line of ;aid lot 5 (said point being the northwest corner of said lot 1 of Becker's Resubdivision), then N00°- 04' -41 "E along the west line of said lot 5 a distance of ?0 00 feet more or less to the point of beginning, and Resolution 2003 -TX- PRPTY- EXP -R- 837 Authorizing the Sale of Surplus Public Real Estate, Page 2 'arcel 2: commencing at the northwest corner of said lot 5, then proceeding N89°- 58' -16 "E along the north line of said lot 5 a distance of 140 19 feet to the northeast corner )f said lot 5, then S00°- 03' -04 "W along the east line of said lot 5 a distance of ?0.00 feet more or less to a point on the north line extended of said lot 1 of 3ecker's Resubdivision, said point being the Point of Beginning, then continuing 3000- 03' -04 "W along the east line of said lot 5 a distance of 75.04 feet more or ess to the south line extended of said lot 1 of Becker's Resubdivision, then N89°- )6' -50 "W along the south line extended of said lot 1 of Becker's Resubdivision a listance of 10 00 feet more or less to the southeast corner of said lot 1, then q00 °- 03' -04 "E along the east line of said lot 1 a distance of 75 04 to the northeast ;orner of said lot 1, then N89°- 58' -16 "E along the north line extended of said lot 1 3 distance of 10.00 more or less to the Point of Beginning, and 'arcel 3. ,ommencing at the northwest corner of said lot 5, then proceeding N89°- 58' -16 "E long the north line of said lot 5 a distance of 140.19 feet to the northeast corner f said lot 5, then S00°- 03' -04 "W along the east line of said lot 5 a distance of 5.04 feet more or less to a point on the south line extended of said lot 1 of Decker's Resubdivision, said point being the Point of Beginning, then continuing 00 °- 03' -04 "W along the east line of said lot 5 a distance of 35 39 feet more or ;ss to the south line of said lot 5, then N890- 57' -03 "W along the south line of said )t 5 a distance of 140 26 feet to the southwest corner of said lot 5, then N00° -04'- 1 "E along the west line of said lot 5 a distance of 35 37 feet more or less to the outhwest corner of said lot 1 of Becker's Resubdivision, then S890- 56' -50 "E long the south line of said lot 1 a distance of 140 00 feet more or less to the 'oint of Beginning anent Parcel (Part) No 06 -25- 302 -044 now own, ed by the Village is not required for the use of the Village of Oak Brook and is hereby declared surplus public real estate, and WHEREAS, the Village has obtained a written appraisal by Paul V. Davis, an Illinois certified general appraiser of the Collins /Davis Appraisal Group, who as of September 4, 2002, appraised the value of the Subject Property at $60,000.00, and WHEREAS, the Subject Property is a vacant parcel shaped like a "u" on its side with 20 feet of frontage on Lincoln Road on the north "arm ", ten feet on the rear or west "arm" and 35 feet of frontage on Lincoln Road on the south "arm" and contains approximately 8,526 square feet This lot is not a buildable lot and is located in the R -3 Single - Family Residential District, and WHEREAS, the appraisal by Paul V Davis is available in the office of the Village Clerk for public inspection, and WHEREAS, the Village is desirous of selling the Subject Property; and WHEREAS, Section 11 -76 -4 1 of the Illinois Municipal Code provides that the corporate' authorities may accept any contract proposal for purchase of surplus real estate as determined by them to b in the best interest of the municipality by a vote of two - thirds of the corporate authorities then holding office, but in no event at a price less than 80% of the appraised value, and (WHEREAS, the corporate authorities find that they do not wish to sell the Subject Property, for less than the appraised value, and Resolution 2003 -TX- PRPTY -EXP -R -837 Authorizing the Sale of Surplus Public Real Estate, Page 3 WHEREAS, it is in the best interest of the Village of Oak Brook to offer the Subject Property for sale as indicated above. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows. ion 1. That the corporate authorities find as fact the recitals hereinabove set forth. Section 2 That the Village Clerk is authorized and directed to publish this resolution at the first opportunity following its passage in a newspaper published in the County of DuPage Section 3. That the corporate authorities hereby declare the portion of Lot 5 in the Sports Core/Westchester Park Subdivision, legally described below as surplus public real estate, and authorize the sale of this surplus public real estate which is comprised of approximately 8,526 square feet and is legally described as follows. That part of lot 5 in Sports Core /Westchester Park Subdivision, being a I ubdivision in the East half of the Southwest Quarter of Section 25, Township 39 North, Range 11, East of the Third Principal Meridian, in DuPage County recorded on November 6, 2002 as Document Number R2002- 302921, described as follows 'arcel 1: �eginnmg at the northwest corner of said lot 5, then proceeding N890- 58' -16 "E long the north line of said lot 5 a distance of 140 19 feet to the northeast corner f said lot 5, then S00°- 03' -04 "W along the east line of said lot 5 a distance of 0 00 feet more or less to the north line extended of lot 1 of Becker's ;esubdivision, being a subdivision in the East half of the Southwest Quarter of section 25, Township 39 North, Range 11, East of the Third Principal Meridian, in iuPage County recorded on October 9, 1997 as Document Number R97- 54108, then S890- 58' -16 "W along the north line of said lot 1 of Becker's ;esubdivision a distance of 140.20 feet more or less to a point on the west line of aid lot 5 (said point being the northwest corner of said lot 1 of Becker's ;esubdivision), then N000-04'41"E along the west line of said lot 5 a distance of 0 00 feet more or less to the point of beginning; and 'arcel 2- -,ommencing at the northwest corner of said lot 5, then proceeding N890- 58' -16 "E along the north line of said lot 5 a distance of 140 19 feet to the northeast corner )f said lot 5, then S00 °- 03' -04 "W along the east line of said lot 5 a distance of ?0 00 feet more or less to a point on the north line extended of said lot 1 of 3ecker's Resubdivision, said point being the Point of Beginning, then continuing 300°- 03' -04 "W along the east line of said lot 5 a distance of 75 04 feet more or ess to the south line extended of said lot 1 of Becker's Resubdivision, then N89°- i6' -50 "W along the south line extended of said lot 1 of Becker's Resubdivision a listance of 10 00 feet more or less to the southeast corner of said lot 1, then X100°- 03' -04 "E along the east line of said lot 1 a distance of 75 04 to the northeast ;orner of said lot 1, then N89°- 58' -16 "E along the north line extended of said lot 1 3 distance of 10.00 more or less to the Point of Beginning, and Resolution 2003 -TX- PRPTY- EXP -R- 837 Authorizing the Sale of Surplus Public Real Estate, Page 4 'arcel 3- ;ommencing at the northwest corner of said lot 5, then proceeding N890- 58' -16 "E long the north line of said lot 5 a distance of 140 19 feet to the northeast corner f said lot 5, then S00°- 03' -04 "W along the east line of said lot 5 a distance of 5 04 feet more or less to a point on the south line extended of said lot 1 of lecker's Resubdivision, said point being the Point of Beginning, then continuing 100 0- along the east line of said lot 5 a distance of 35 39 feet more or )ss to the south line of said lot 5, then N890- 57' -03 "W along the south line of said it 5 a distance of 140 26 feet to the southwest corner of said lot 5, then N00° -04'- 1 "E along the west line of said lot 5 a distance of 35 37 feet more or less to the outhwest corner of said lot 1 of Becker's Resubdivision, then S890- 56' -50 "E long the south line of said lot 1 a distance of 140 00 feet more or less to the 'oint of Beginning ermanent Parcel (Part) No 06 -25- 302 -044 Section 4- That the corporate authorities hereby authorize and direct the staff to solicit written, sealed offers to enter into a real estate sale contract at a proposed sale price of not less than $60,000 00 with the Village for the purchase of a portion of Lot 5 (approximately 8,526 square feet) in the Sports Core/Westchester Park Subdivision as legally described above The offeror with the highest proposed purchase price will have the first opportunity to enter into a real estate sale contract with the Village for purchase of the Subject Property. All real estate sale contracts are subject to the approval of the Village Board All offers must be cash, with no financing contingencies All sealed offers to enter into a real estate contract setting forth the proposed price must be received in care of the Village Manager, at the office of the Village Manager, 1200 Oak Brook Road, Oak Brook, IL 60523, not later than 12 00 noon on Friday, April 4, 2003. The sealed offer to enter into a real estate sale contract at a proposed purchase price is not legally binding, but the proposed purchase price in the sealed offer will determine the order in which the Village will consider the offer to enter into a real estate contract for sale of the Subject Property An offeror's package, including a title commitment, survey and form of real estate sale contract will be available on March 13, 2003 in the office of the Village Manager Within five (5) business days after notification that it is the offeror submitting the highest proposed purchase price, said offeror must submit a fully executed real estate sale contract and a certified or cashier's check in the amount of $6,000 in earnest money to the Village Manager for approval by the Village Board. No interest shall be paid on the earnest money. This offeror must be ready to close on the purchase of the Subject Property within fifteen (15) business days of notification that the Village Board has approved the contract Questions about the sale of the Subject Property should be directed to Margaret Rimbo, telephone number 630 - 990 -5731. Section 5 That the corporate authorities by a two - thirds vote may accept any offer embodied in a real estate sale contract which is determined by them to meet the appraised value of the S bject Property and to be in the best interest of the Village. The corporate authorities reserve the right to reject any and all offers. Section 6 That this resolution shall be in full force and effect from and after its passage and publication as provided by law. Resolution 2003 -TX- PRPTY- EXP -R- 837 Authorizing the Sale of Surplus Public Real Estate, Page 5 PASSED AND APPROVED this 11th day of March, 2003 by the President and Board of Trustees of the Village of Oak Brook, DuPage and Cook Counties, Illinois, according to a roll call vote as follows. Ayes Trustees Aktipis, Caleel, Craig, Korin and Savino Nays None Absent. Trustee Miologos Abstain I None ,�•�, ,', Y, _ 1, ; , ' Village President