R-773 - 04/24/2001 - TAX - ResolutionsPortions of this document
, . illegible at time of
scanning.
(Above Space For Recorder's Office Only)
VILLAGE OF OAK BROOK
1200 Oak Brook Road
Oak Brook, Illinois 60523-2255
RECORDED DOCUMENT TITLE PAGE
Title of Document RESOLUTION 2001-TX-PRPTY-EXP-EX3-R-773 A RESOLUTION
AUTHORIZING EXECUTION OF INTERGOVERNMENTAL AGREEMENT DEED AND RELATED
CLOSING DOCUMENTS FOR THE SALE OF MUNICIPAL PROPERTY TO THE COUNTY OF DU
PAGE (Approximately 4 2 Acres in the Oak Brook Sports Core Along and Adjacent to 31 st Street
Oak Brook. IL 60523)
Property Address/es RIGHT-OF-WAY NORTH SIDE OF THE OAK BROOK ROAD EAST OF SALT
CREEK OAK BROOK IL 60523
(If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523.)
Pin/s Number NO PIN NUMBER IS ASSIGNED FOR RIGHT-OF-WAY
Name & Address of Applicant VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK.
It ancoo
Name & Address of Responsible VILLAGE OF OAK BROOK
Party to Receive Recorded 1200 OAK BROOK ROAD
Document and Billing: OAK BROOK IL 60523
G/L Account # to be Charged 111-7700
Prepared By: Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
Name & Address of Recipient
of Consideration (when applicable):
G/L Account # to be Charged
Return To:/Village of Oak Brook
1200 Oak Brook Road
Oak Brook Illinois 60523
e�
RESOLUTION 2001 -TX- PRPTY- EXP -EX3 -R -773
A RESOLUTION AUTHORIZING EXECUTION OF INTERGOVERNMENTAL
AGREEMENT, DEED AND RELATED CLOSING DOCUMENTS
FOR THE SALE OF MUNICIPAL PROPERTY
TO THE COUNTY OF DU PAGE
(Approximately 4.2 Acres in the Oak Brook Sports Core
Along and Adjacent to 31st Street, Oak Brook, IL 60523)
WHEREAS, the Butler Company has heretofore conveyed to the Village of Oak Brook,
a municipal corporation, (hereinafter sometimes referred to as the "Village ") an approximate
269 -acre tract generally bounded by 22 "d Street (Cermak Road) on the north, York Road on the
east, 3'1 St Street (Oak Book Road) on the south and Salt Creek (except property owned by
Butleri National Golf Club) on the west, (hereinafter sometimes referred to as the "Sports Core
Tract" i), subject to certain covenants, conditions, restrictions and easements, by a deed dated
November 1, 1977 and recorded on November 8, 1977 as Document No. R77- 103174
(hereinafter sometimes referred to as the "Sports Core Deed "); and
WHEREAS, the County of DuPage, a body corporate and politic of the State of Illinois
(hereinafter sometimes referred to as the "County "), in order to facilitate the free flow of traffic
and to ensure the safety of the motoring public, is desirous of reconstructing 31St Street from
Jorie Boulevard to York Road and replacing the 31s' Street bridge at Salt Creek including the
approach pavements and appurtenances (hereinafter sometimes referred to as the
"Improvements "); and
WHEREAS, the County has determined that it is necessary and convenient to use,
occupy and improve approximately 4.2 acres of the Sports Core Tract along and adjacent to the
north side of the Oak Brook Road /31St Street right -of -way to complete the Improvements, which
real estate is legally described in the Quit Claim Deed attached hereto as Exhibit 1 (hereinafter
sometimes referred to as the "Subject Property "), and
WHEREAS, the County desires, to have the Subject Property conveyed and quit claimed
to it for highway purposes; and
WHEREAS, an exhibit to the Sports Core Deed, labeled "D ", a copy of which is attached
hereto as Exhibit 2, restricts the uses which may be made of the Sports Core Tract; and
WHEREAS, Exhibit 2 further provides that the Village may dispose of in any legitimate
manner all or part of the Sports Core Tract for any legitimate purpose, provided that any such
disposition has first been authorized by a majority of the electors of the Village voting at an
election specifically called for that purpose in accord with then applicable State and local laws;
and
WHEREAS, on November 7, 2000, there was held in and for the Village of Oak Brook,
an election for the purpose of voting on the advisory question of public policy, "Shall the Village
of Oak Brook be Authorized to Sell to the County of DuPage Not More than 4.2 Acres of Real
Estate, in the Oak Brook Sports Core in the Village of Oak Brook Along and Adjacent to Oak
/a
Resolution 2001 -TX- PRPTY- EXP- EX3 -R- 773
Sale of Property to the County of DuPage,
Page 2
Brook Road (31 St Street) at a Price Not Less than $835,000 for the Principal Purpose of
Improving Oak Brook Road (31St Street) to Four Lanes with Left Turn Lanes, a Landscaped
Median and New Bridge Over Salt Creek, the Proceeds of Sale to be Used for Capital
Improvements in the Oak Brook Sports Core ? "; and
WHEREAS, on November 14, 2000, the Canvassing Board of the Village of Oak Brook
found that the results of its canvassing were as follows: 3,213 votes in favor to adopt this
advisory question of public policy and 1,364 votes opposed, that is, to reject this advisory
question of pubic policy; and
WHEREAS, on November 14, 2000, the Canvassing Board of the Village of Oak Brook
proclaimed and declared that the votes in favor of this advisory question of public policy had
prevailed and it further declared the adoption of the question of public policy; and
WHEREAS, a majority of the electors of the Village voting in the election specifically
called on the aforementioned question of public policy has authorized the sale of the Subject
Property to the County for construction of the Improvements at a price not less than $835,000;
and
WHEREAS, among the powers and duties of the County is the construction and
maintenance of highways within the County; and
WHEREAS, the territorial boundaries of the County include the corporate limits of the
Village; and
WHEREAS, the County desires that the Village convey the Subject Property for road
widening purposes pursuant to -the authority conferred by the Local Governmental Property
Transfer Act, approved July 1, 1925 as amended (501LCS 605/0.001- 605 -4), and
WHEREAS, the 1970 Illinois Constitution, Article 7, Section 10 and 5 ILCS 220/1 et.
seq. authorizes the County and the Village to cooperate in the performance of their
responsibilities by contract and other agreements; and
WHEREAS, the County wishes to purchase the Subject Property from the Village at a
cost of approximately $954,868 to construct the Improvements pursuant to the terms of the
Intergovernmental Agreement which is attached as Exhibit 3; said Agreement further details the
nghts,!duties and financial obligations of the County and the Village; and
WHEREAS, by the adoption of the question of public policy described above and the
authority conferred in the Local Governmental Property Transfer Act, the Village is authorized to
convey the Subject Property to the County for road widening purposes at a price greater than
$835,000; and
Resolution 2001 -TX- PRPTY- EXP- EX3 -R- 773
Sale of Property to the County of DuPage,
Page 3
WHEREAS, the County has earlier today passed and approved an ordinance declaring
that it is necessary or convenient for it to use, occupy or improve the Subject Property for
roadway purposes and approving and authorizing the execution of an Intergovernmental
Agreement substantially in the form attached hereto as Exhibit 3; and
WHEREAS, the corporate authorities of the Village desire to sell the Subject Property to
the County in substantial conformity with the terms of the Intergovernmental Agreement
attached hereto as Exhibit 3.
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:
Section 1: That the provisions of the preamble hereinabove *set forth are hereby adopted
as though fully set forth herein.
Section 2: That the Village President and Village Clerk be and they are hereby authorized
and directed to execute an Intergovernmental Agreement with the County of DuPage, a body
corporate and politic of the State of Illinois, for the sale of the real property legally described in
the Quit Claim Deed attached hereto as Exhibit 1. This Intergovernmental Agreement shall be
in substantially the form attached hereto as Exhibit 3 which is hereby approved.
Section 3- That the Village President and Village Clerk are authorized and directed to
execute and attest a deed to the County of DuPage conveying the Subject Property, comprising
approximately 4.2 acres in the Oak Brook Sports Core along and adjacent to Oak Brook Road
(31 st Street) for roadway improvements and to execute all other documents necessary to
convey the Subject Property pursuant to the terms of the Intergovernmental Agreement. The
Quit Claim Deed shall be in substantial conformity with the form of Quit Claim Deed attached
hereto as Exhibit 1.
Section 4: That this resolution shall be in full force and effect from and after its passage
by favorable vote of two- thirds (2/3) of the corporate authorities and approval as provided by
law
PASSED AND APPROVED this —4 day of AD-ri 1 , 2001 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: President Bushy, Trustees Butler, Kenny, McInerney, Savino
Nays Trustees Ca1PP1, Crag
Absent. None
Resolution 2001 -TX- PRPTY- EXP- EX3 -R- 773
Sale of Property to the County of DuPage,
Page 4
Abstain: None
.i PIN
OF 04
Coil i37`��