R-449 - 04/26/1988 - WATER - Resolutions 1, womw FL
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RES. R-449 , XC�41tt
A -IO IZING
JAMAMP i
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IEGMY
KIM
WHEREAS, the Village of Oak brook has recently acquired a Parcel of
property on the west side of Meyers Road south of property owned by the
7.11inois State toll highway Authority for plarposes of cons<.ructing a water
reservoir in anticipation of the receipt of Lake Michigan water fremn the
DuPage Water Commission; and,
WHEREAS, additional property is necessary in order to construct a
metering station for the receipt of Lake Michigan water from DuPfige Water
Commission; and
WHEREAS, the I11.inois State Toll Highway Authority has agreed to deed
certain property to the V11149e of Oak Brook which the Village will use for
said water metering station together with easements necessary for ingress, �
egress and associated public utilities;
NOW THEREFORE BE IT RESOLVED By TH'3 PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE Or OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOTS as follo:vs:
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Section 1: That the Vacant Land sales Contract and Rider attached hereto
labelled "Exhibit "A", and hereby made a. part hereof, be and is hereby
approved.
Section 2: That the Village President and Village Clerk are hereby
authorized and directed to execute said documents by on behalf of the Village
of Oak Brook.
section 3: That the Village Attorney is hereby. authorized to Prepare d
deliver to the Illinois State 'Iola. Highway Authority any additional
documentation necessary t.:o implement said Land Sales Contract
PASSED AND APPROVED THIS 26th day of 1988, by
the President and Board of Trusteees of the Village Of Oak Brook, Duuage .And
Cook Counties, Illinois, according to a roll call vote as follows:
Ayes: Trustees Imrie, Maher, Rush and Winters
Nays. _ None
Bbaert: Trustees Bartecki and Bushy
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DUPACE BOARD OF REALTORS
REALTOR®w STANDARD VACANT LAND SALES CONTRACT «° •�
1 BUYER, Village of Oak Brook
Address, 120 Oak Brook ;County DuFe a Cook ,State Il l snois
agrees to purchase.and SELLER,' T,l l ipy�St State Toll Rigghway_Authorit
Address, 2001 Weat 22nd Street, Oak Brook County u age State inoas
agrees to sell to Buyer at the Price rf Three and 10L100 Dar souare _fo®C _.papers($_ 3.10 )
Property located at 2706 Meyers Roads Oak Brook. I11 inoig
and legally described as follows:(Legal Deacription must be inserted or ar7ched prior to signing of contract.)
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(hereinafter referred to as"the premises")
withapproxi ate to 4imensitr ,s,of, 135'x9O'xl45'x285' together with a permanent easement for ingress,
eg ess = ub�ic uti�itaea approximately
3U§x680' and a permanent easement for public (Approximate lot dimensions must be inserted prior to signing of contract)
1,000.00 utilities approximately 20'x 275 . I
2. EARNEST MONEY:Buyer has paid S -- — — (Indicate check and/or note and due date)(and will pay wiahin
--days the additionill suns of$ —0° )as earnest money to be applied toward the purchase price. Tie earnest money
shall be held'uy tho Listing Broker for the mutual benefit of the parties hereto and upon the closing of the sale,shall be applied first to the
payment of any expenses Incurred by broker for the Seller in said matter,and second to payment of the brokees sales commission,rendering
the overplus,of any,to the Sellet.
I THE CLOSING DATE: April 29 .19-18—(or on the date,if any,to which said date is extended by reason of paragraph
14)at offices of Seller ,or at Buyers lending institution,if any.
4. POSSESSION:Possession shall be granted to Buyer at 12:01 a.m.on_April 27 E9 BBtril4TdlitlSliiFiEllaiB1W4I9i'alfllia161C,
S. THE DEED:Seller shall convey or cause to be conveyed to Buyer(in joint tenancy)or his nominee,unless prior to the closing the Buyer
indicates in writing a dif! nt grantee or form of conveyance,by a recordable stamped general warranty deed(except Buyer shall pay for
local transfer tax stamps, ., required) with release of homestead rights,good title to the premises subject only to the following"permitted
exceptions,"if any:(a)General Real Estate Taxes for 191a providing this transaction has closed;(b)special assessments confirmed after this
contract date;(c) Building,building Thee and use or occupancy restrictions,conditions and covenants of record;(d)Zoning laws and ordi-
nances;(e)Easements for public utilitics;(f)public roads and highways and easements pertaining thereto. provided that Buyer shall
indemnify and hold Seller harmless for possession prior to closing.
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B. SURVEY: The Seiler shall promptly at his expense furnish the Buyer,a plat of survey dated after date of contract,prepared by a sur-
veyor licensed by the State of Illinois showing the subject premises with the lot lines being Indicated thereon,and further,having all corners
staked and marked. If encroachments of any kind are disclosed by said survey,and if Seiler has not corrected such encroachments within 20
days after the date said survey is tendered to the Buyer,this contract shall,at Buyor's option,become null and void and the earnest money
deposit shall eb refunded to Buyer upon his written request.
9. *BUYER RESPONSIBILITY: THE BUYER ACKNOWLEDGES THAT IT IS THE BUYER'S RESPONSIBILITY TO DETERMINE IF
THE APPLICABLE ZONING LAW;,BUILDING LINES,USE AND OCCUPANCY RESTRICTIONS,CONDITIONS AND COVENANTS OF
RECORD WILL PERMIT THE USE CONTEMPLATED BY THE BUYER.
10. SELLER'S RESPRESENTATIONS: Seller represents that the property, is not located within a designated Root plain and that he has
received no notice of any ordinance or building code violation or pending special assessment from any govimmental body In connection wwih
tae subject premises.
11. COMMISSION.Seller agrees that Haims
LISTING BROKER,brought absastq this sale and agrees to pay them a Broker's Com nhilon as agreed.
12. COOPERATING BROKER: Nona
13. OTHER TERMS AND CONDITIONS:This contract Is subject to the Terms and Conditions set forth on the reverse side hereof,which
are expressly understood to be a part of this contract.
Tie PRINTED MATTER OF THIS CONTRACT HAS BEEN PREPARED UNDER THE SUPERVISION OF THE{DU PAGE BOARO O
REALTORS AND THE OU PAGE COUNTY BAR ASSOCIATION. HOWEVER,THE PARTIES ARE CAUTIONED THAT THIS IS A
LEGALLY BINDING CONTRACT, IF THE TERMS ARE NOT UNDERSTOOD,PLEASE SEEK LEGAL COUNSEL BEFORE SIGN INC,IT,
^ � TN
DATED
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T RMS'AiVD CON®IT.ION
•114. TITLE:(a)atleastone(1)bosines sdaypriorto°he'closingdote,Bella rshallturnistto°COus®tobafarrrteslradtoBui -lent
an Owner's Duplicate Certificate of Title Issued by thii Ragistrsi ofTitisa andaSpecialTinf andLimSe a!chCr&COmn'°triar°tisauadbyatitle
insurance company licensed to Ao business in Rlinais,to issue an ownels title inaarraa!ee Polhsyr®n•thts current form of Americnn Land Title
F err„
Association Owner's Policy(or equivalent policy)br the amount of the purchase lea coveei et�sda xcMIRIof,,subject artairnin to lions or encum-
excepticns contained in the policy.(2)the"Permitted exceptloAS"aft forth in p�a�grph ff�(3)t3t1e®xase of CI P art&meant sufficient to
broncos ofa definite urescartainroieansount which msyberomovoobythapsympntofMo.'ayatti°9tinwofcbsing(
securethe r'ee«c of such tithe exceptions shall be deducted fromtlnProCaads of salodes&allerst cl®slnflj•®ndi4j acts dons oa sulfarad by l�r
judgments against Buyer,or those claiming by.through or under Buyer.(b)If the title commitment discloses unparmitted excspti::ns,the
Seller shell have thirty(30)days from the data of delivery tharaof,to have the sold exceptions waived,or to have the title insurer commit to
insure against loss or damage that may be caused by such exceptions(other then ancroschments disclosed by survey)and the closing date
shop be da4ayed,if necessary,during said 36 day period to allow Belief time to have sold excoptiana waived.if the Seller fails to have under-
mitted exceptions waived or,in the alternative,to obtain a commitment for title insurance specified above all to such exceptions,within the
specified time,the Buy or may terminate the contract between the parties,or may alact.upon notice to the Seller within can(10j days efts the
lions or encumbrances
expiration of the thirty(30)day period,to take the title as it then is.with the right to deduct from the purchase Price.
of a definite or ascertainable amount.If the Buyer doss not to elect.the contract between the parties shall become null and void,without
further action of the parties,and all monies paid by the Buyer hereunder,shall be refunded.(c)Every title commitment which conforms with
subparagraph"o"shall be conclusive evidence of good titietherein shown,as to all matters insured by the PolicY,subject only to special excop-
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tions therein stated.
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16. AFFIDAVIT OF TITLE: Seiler shalt furnish Bator at Cloning an gf igovk of title Covering th®data�closing{subject only to those per•
mittadspecialexcaptianssatfarthinparngrph5rsndunpermittade x* h14,lo th®venteheco traC9batwaartehafpa-list callsfortitletoibe
insurer commits to extend insurance in the manner specified in psregraph
Conveyed by a Trustees Dead.the Affidavit of'ditta faquiced to br hi Mshed by Salli i.shall be signed bythe baneticiary or beneficiaries of said
Trust.
1 . • ' , r�.,•;•.;�;ti .1, it I':•irhnl;.•.j:,4•)•,�.,1 for to the Closing
16.'ESCROW CLOSING: At the election of Seller or Buyer,upon notice to the other party not less then five(5)day° pr
dote;the sale shall be closed through Escrow with a title company licensed to do businepa in the State of rownent con Isattorney
teent with iAn`te nts
practice law in tha State of Illinois in accordance with the general prov. .,. ®f a decd aqd mort®s °Contrary notwithstanding.payment of
of this contract.Upon oration of such an Escrew.anything in this coo;ractbetwaeri the putt'
the purchase p:ice and delivery of the Dead shall be made through Escrow and,if no broket is.firtvolvad in the transaction,the earnest Jesting said
shall be deposited in the Escrow.The cost of the Escrow including
manes landsr's'Escrow sl>&Il be paid by the gouty fey' Y< .g
Escrow. �: .,.1,:.'1;li..,t,,.{,.: .,;,1 s>:•:+ ;:''?• +
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17. PRORAT{ONS:(a)General coal eststesh 4he Ststo and -s local govammantai multiplier.(b Homeowner Association dues.main-
tiontimes the latest known tax rate as adjusted by re"to take ell necessary steps to obtain a tax division
tenance charges and assessments shall be praaated
as of date of closing.(c)The Seller e6
for the subject premises,if neeesssry.
than at the option of the Seller and
18. PERFORMANCE:Time is of the esscnce,of this contract.Should Buyer fail to perform this contract, nn
upon written notice to the Buyer,the earnest moneyshsn be forfeited hyR li Buyer lto t'liquidated
po sessionof contract
selst fosesa tl
become null and void and the SAlershallhavetheright it necessary , , III
and aI!right in and title to sold promises and any end all improvatnantz made expoh sekl piatnlreii Mry the Buyer shall vast in the Seller, i
t.. �i,:.i•.In.• ,.. .j �..�, ;-.+ •.•I {
rt reties in writing signed by or on behalf on the
19. NOTICES: All notices required to be given under this contract shsli;be construed to moo
ports giving same,end the same may be served upon the other party or his agent personally or by certified er registered mail,retw n rncaint
requested,to the parties at the ad,tresses set forth herein,
THE PRINTED MATTER OF TIJS CONYRACT HAS BEEN PREPARED UNDER THE$UPFRViSION OF THE DUPAGE BOARD OF
REALTORS AND THE DUPAGE COUNTY BAR ASSOCIATION-1 HOWEVER: THEIPARTIES ARE CAUTIONED THAT THiS IS A
LEGALLY BINDING CONTRACT.IF THE TERMS ARE NOT UNDERSTOOD.PLEASE'SEEfC LEGAL'COUN5E6 BEFORE SIGNING IT.
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W/R— 44
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RIDER TO LAND SALES CONTRACT
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The Village of Oak Brook, Buyer, and The Illinois State Toll
Highway Authority, Seller, agree to amend and supplement the
terms of the Land Sales Contract between them
dated it .21" in accord with the terms of this
Rider, as follows:
1. The dimensions described in paragraph No. 1 of the
Sales Contract are approximations and the, final
dimensions and locations shall be subject to approval
of both Buyer and Seller. The Permanent Easements
described in to be granted to Buyer shall be
non-exclusive and Seller and its assigns shall have the
right to use said easement in any manner not
inconsistent with use for ingress and egress and the
for subsurface public utilities purposes. .The. utzlity
easement to be granted Buyer is for the installation
subsurface utilities only.
The consideration for the property conveyed in fee is
$3 .10/square foot and the consideration for the {
non-exclusive permanent easement for ingress and egress
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and the subsurface public utility easement is
$1.03/square foot.
2. Paragraph No. 3 of the Sales Contract is amended as
follows:
The closing date shall be May 27, 1985.
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\A//R- 449
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3 ® paragraph No. 4 is amended as follows
The possession date is April 290 1988.
4 . Paragraph No. 5 of the Bales Contract is amended as
follows:
Delete the words, "Genez;.il Warranty Deed" on line Z and
insert the words, "Quit-Claim Deed for the property to
be conveyed in fee and grant of easement for the
easement interest to be transferred", and deleta the
added words "provided that Buyer shall indemnify and
hold Seller harmless for possession prior to closing" .
. Delete paragraph No. 8 of the Sales Contract and insert
the following:
Survey: The Buyer shall promptly at its expense
furnish the Seller, a plat of survey dated after date
of the Sales Contract, prepared by a surveyor licensed
by the State of Illinois, having all corners staked and
marked and showing that Seller's remaining land shall
be not less than 66 ' in width between the current Tull
Right-of-Way fence and the Northern most point of - the
parcel to be conveyed.
6 . delete paragraph No. 10 in its entirety.
7. Delete paragraph No. 14 and insert the following:
Buyer shall furnish or cause to be fuznished to Buyer
and Seller at Buyer's expense, a commitment issued by a
title insurance company in the customary ft,tm not less
than 10 days before closing conveying all properties in
question. Seller shall, cooperate in clearing
objections to title.
2
a. Delete paragraph No. 15 in its entirety.
9 . Delete paragraph Wo. 17 in its entirety.
10. Commencing with the date that Buyer, its employees
and/or agents enter upon the subject premises, Hiner
shall indemnify and hold Seiler, its officers and
'employees harmless from any and all claixft Aor any
damages to property, injuries to persons, or other
claimed losses arising from said entr° on and the
construction, installation, operation or maintenance of
any improvements on the said properties.
The Buyer shall additionally req A re that the Seller be
named as an additional insured p ,ty on any insurance
policies required of any contractor or subcontractor
performing work on the property to be conveyed in fee
prior to closing and at any time on the permanent
easement proper%y.
11. It is understood and agreed between the parties hereto
that Buyer shall not construct, and shall not permit
the construction of, faciliites on the property to be-
conveyed in fee, except those in accord with plans and
specifications set forth in Exhibit "..L" hereto and
shall not construct, . nor permit to be constructad,
within the permanent easement axeas, any work or
improvements, except these constructed in accordance
with plans and specifications approved in advance by
the Chief Engineer of the Authority.
12. The terms and conditions of this Rider and the Sales
Contract shall survive the closing.
13 . The terms and conditions of this Rider shall control l
where in conflict with the language of the Sales
Contract.
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All terms and conditions of the Sales Contract Tact in
conflict with this Rider to be in full force and effect,
Executed at Oak Brook, Illincis, this g day of
April, 1988. ,
4*
THE I INOIS STATE TOLD, GFWAY
AUTHO
13 Yr hairman
ATTEST:
Secretary
VI2 •
OE • n OAS -?K, II,I,INC?Ia
By
Pr esi, r. y,
ATTEST°
Cl ` vi
Approved as to Form and Constitutionality
Attorney General, State' Illinois
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PARCEL 1
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A PART OF LOT 2 OF BU!LLINGER ESTATES, A SUBDIVISION IN THE SOUTHW T
QUARTER OF SECTION 28, TOWNSHIP 39 NORTH, MANGE 11, EAST OF THE THI D
PRINCIPAL, MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST
1947 AS DOCUMENT NUMBER 527420, IN DUPAGE COUNTY, ILLINOIS. ALSO BEI iA
PART OF A TRACT OF LAND DESCRIBED IN WARRANTY DEED TO THE ILLINOIS ST 1E
TOLL HIGHWAY COMMISSION RECORDED SEPTEMBER 26, 1956 AS DOCUMENT NU R
896379. SAID PART BEING MORE PARTICULARLY DESCRIBED AS FOLL ;
. BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 2; THENCE ON AN ASS D
BEARING OF NORTH 08 DEGREES 46 MINUTES 16 SECONDS NEST ALONG THE W T
LINE OF SAID LOT 2, ALSO BEING ALONG THE WESTERLY LINE OF SAID TRACT OF
LAND DESCRIBED IN WARRANTY DEED RECORDED,*AS DOCUMENT NUMBER 896379, A
DISTANCE OF 128. 12 FEET;' THENCE NORTH 65 DEGREES 57 MINUTES 30 SECO S
EAST, 26.02 FEET; THENCE NORTH 53 DEGREES 35 MINUTES 16 SECONDS EA T,
11G.22 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 2, ALSO BEING A NO
THE NORTHERLY LINE OF SAID TRACT Off' LAND DESCRIBED IN WARRANTY D NE
RECORDED AS DOCUMENT NUMBER 896379; THENCE NORTH 84 DEGREES 14 MIN EF
48 SECONDS EAST, ALONG SAID NORTH LINE, A DISTANCE OF 97.08 FEET TO HE:
MOST EASTERLY CORNER OF SAID TRACT OF LAND DESCRIBED IN WARRANTY D 1 .
RECORDED AS DOCUMENT NUMBER 896379; THENCE SOUTH 41 DECREES 44 MINU Ei
42 SECONDS WEST ALONG THE SOUTHEASTERLY LINE OF SAID TRACT OF L. N !
DESCRIBED IN WARRANTY DEED DOCUMENT NUMBER 896379, A DISTANCE OF 284.1611
FEET (283.84 FEET, `RECORD), TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL 1 CONTA.. S 0.3878 ACRES, 16891 SQUARE FTT
MORE OR LESS.
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R. W/R-44
VILLAGE OF OAK BROW
UTIUTES OF THE REGULAR MEETING
April 26, 1988
MEETING CALL:
The Regular Meeting of the Board of Trustees was called to order by President
Cerne in the Samuel E. Dean Board Room of the Village Commons at 7:30 P.M.
I. ROLL CALL:
PRESENT: President Wence F. Corse
Trustees Walter C. Imrie
Ronald P. Maher
Joseph H. Rush
H. Richard Winters
ABSENT: Trustees Garry J. Bartecki
Karen M. Bushy
PLEDGE TO THE FLAG
II. APPROVAL OF MINUTES:
Trustee Imrie moved, seconded by Trustee Rush...
That the Minutes of the Committee-of-the-Whole Meeting of April 11, 1988
be approved as corrected and waive reading of same.
VOICE VOTE: All present, in favor. So ordered.
Trustee Imrie moved, seconded by Trustee Rush...
That the Minutes of the Regular Meeting of April 12, 1989 be approved as
presented and waive reading of same.
VOICE VOTE: All present, in favor. So ordered.
III. ORDINANCES AND RESOLUTIONS:
A. RESOLUTION NO. R-448 A RESOLUTION APPROVING AN AMENDMENT TO AN
AGREEMENT BETWEEN THE VILLAGE OF OAK BROOK AND THE ILLINOIS STATE TOLL
HIGHWAY AUTHORITY:
Agreement entered into at the Regular Meeting of April 12, 1988.
Trustee Imrie moved, seconded by Trustee Maher...
To pass Resolution No. R-448 as presented and waive the full reading
thereof.
ROLL CALL VOTE: Ayes: Trustees Imrie, Maher, Rush, Winters
i
and President Cerne.
jMays: None
Absent: Trustees Bartecki and Bushy. So ordered.
RESOLUTION NO- R,_ 449 A RESOLUTION APPROVING AND AUTHROIZING THE
EXECUTION OF A VACANT LAND SALES CONTRACT WITH THE ILLINOIS STATE TOLL
HIGHWAAUTHORITY.
Discussed and direction given at the Regular Meeting of April 12,
1988.
Trustee Imrie moved, seconded by Truntee Rush...
To pane RMenl.ution Mo. R-449 as presented and waiv" the full r*Ad ng
thereof.
VlLbAr*141 OR OAK IIR()r)K Minute" -I- April 16, P)Pli