R-685 - 01/14/1997 - CONTRACTS - Resolutions r T
ISOLUTION 97-TX-PRPTY-EXP-3X1-R--Q5
A RESOLUTION AUTHORIZING THE EZECUTIOM OF A CONTRACT
FOR THE SALE OF SURPLUS PUBLIC REAL ESTATE
TO STEPHEN AND LISA BECKER
(Portion of Foley Adjacent to 3025 Lincoln)
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
M.A.I. certified appraisal or other appraisal as set forth in the statute; and
WHEREAS, the President and Board of Trustees of the Village of Oak Brook
find that a portion of a vacated alley now owned by the Village and adjacent
to the property commonly known as 3025 Lincoln, Oak Brook, IL, which is
located in the Westchester Park Subdivision located in the Village, is not
required for the use of the Village of Oak Brook; and
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WHEREAS, this portion of the aforementioned vacated alley is located
approximately 65 feet east of Lincoln Street and approximately 125 feet north
of 31st Street and consists of a rectangular-shape strip of land approximately
20 feet by 64.97 feet with a total square footage of 1,099 square feet, or
0.025 acres (hereinafter sometimes called the "Subject Property"); and
WHEREAS, the Westchester Park Subdivision was originally platted in 1925
with alleys; and
WHEREAS, the Westchester Park Subdivision was never improved with
alleys; and
WHEREAS, the original plat contained an alley between 3025 Lincoln and
vacant Village property located to the south; and
WHEREAS, in 1984, this Board passed aii ordinance vacating all alleys in
the Westchester Park Subdivision; and
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WHEREAS, at the request of the then owner of 3025 Lincoln, the front
(west) half of the alley adjacent to 3025 Lincoln was shown on the plat of
resubdivision as part of 3025 Lincoln (Lot 8), and the back (east) half of the
alley was shown on this plat as part of Lot 7, which is owned by the Village;
and
WHEREAS, this disposition was contrary to the normal disposition of a
vacated alley, wherein the vacated alley is bisected along the center line
with half the alley automatically passing to the contiguous owners; and
WHEREAS, the effect of the conveyance of the alley parcel adjacent to
3025 Lincoln is the inability of the owners of 3025 Lincoln to gain access to
the garage at the rear of their property without crossing Village property;
and
WHEREAS, the Village has obtained a written appraisal by Theodore R.
Kowalski, M.A.I., who appraised the subject property at a market value of
$5,500.00; and
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Resolution *X-PRPTY-EXP-EX1-R-685
Authorizing the Sale of Surplus
Public Real Estate, Page 2
WHEREAS, the subject property is zoned R-3, Single Family Detached
Residential, and is vacant at this time; and
WHEREAS, the Village is desirous of selling the subject property at the
appraised price, namely, $5,500; and
WHEREAS, on November 12, 1996, the corporate authorities passed
Resolution 96-TX-PRPTY-EXP-R-682 wherein they authorized and directed that the
Village Clerk publish that resolution; and further, that written offers for
the purchase of the subject property be solicited in rare of the Village
Manager not later than 5:00 p.m. on Friday, December 6, 1996; and
WHEREAS, on or about December 3, 1996, the Village received the attached
OFFER TO PURCHASE REAL ESTATE from Stephen and Lisa Becker for a price of Five
Thousand Five Hundred Dollars (;5,500) and an earnest money check in the
amount of Five Hundred Fifty Dollars ($550); and
WHEREAS, it is in the best interests of the Village of Oak Brook to
accept the attached offer to purchase real estate;
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 corporate authorities find as fact the recitals
hereinabove set forth.
Section 2: That the Village President and Village Clerk are authorized
and directed to execute the attached OFFER TO PURCHASE REAL ESTATE at a price
of Five Thousand Five Hundred Dollars ($5,500) .
Section 3: That this resolution shall be in full force and effect from
and after its passage and publication as provided by law.
PASSED AND APPROVED this 1.4th day of January, 1997 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 Bartecki, Kenny, McInerney, Payovich, Savino and Shumate
Nays: None
Absent: None
Abstain: None
,, i lage President �,,,,.
b" ATTEST:
MG ¢
�?FFLR TO PVR�"�=Lr '�t�r_A_-r_ EST2�.TE
TO: Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60521
ATTN: Village Manager
L The undersigned, Stephen and Lisa Becker (Buyers) offer to purchase from the
Village of Oak Brook a portion of a vacated alley, now owned by the Village of Oak Brook
(Seller)which is adjacent to the property located at 3025 Lincoln,Oak Brook, Illinois and which
is located approximately 65 East of Lincoln Stich and app 125 feet north of 31st
Street and which consist of a rectangular-shaped strip of land approximately 20 feet by 64.97 feet's
with a total square footage of 1099 square feet all of which is locked in the Westchester Park
Subdivision of Oak Brook, Illinois for a price equal to $5500.00 to be paid as follows:
$550.00 as earnest money deposited with this offer, balance of purchase price at closing.
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2. That this Offer to
Purchase teal estate is subject to the approval of the Village of
Oak Brook and its duly .authorized officers.
3. That the ofd is subject to final approval of any change necessary to a certain plat j
of resubdwision, as determined by the Village of Oak Brook, including but not limited to
renaming the subdivision currently shown as "Becker's resubdivision".
4. That this offer is subject to any resolution that the Village of Oak Brook deems
necessary to pass in order to complete the sale.
5. At closing the Village of Oak Brook by its duly authorized officer(s)shall execute
a quit claim deed to Buyers for the subject real estate.
6. That Buyers shall be responsible for any State, County or local transfer tax on this
sale of veal estate.
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7. That the Buyer shall be responsible for all real estate taxes and special assessments
for 1996 and subsequent years for the subject parcel
8. That Buyers shall be responsible for all costs of closing, including any
commitment for title insurance, for the subject real estate, except Seller shall be responsible for
its own legal fees.
9. If Buyers procure a tide commitment and it shows unpermitted exceptions, the
parties shall have 30 days to clear those exceptions. If the exceptions are n;,t cleared within 30 j
days the Buyer shall have the option to purchase the real estate with the unpermitted exceptions
or declare the sale null and void.
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10. That the sub ea real estate is being.-Ad "AS W "WHERE W.
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11. That the parties are authorized to insert the full legal description of the property
prior to the closing.
12. The closing shall occur within 21 days of acceptance of the offer by the Village
or as soon thereafter as practical. The closing shall be at a location designated by Seller.
13. The final sales agreement shall be in a format prepared by and approved by the
Village of Oak Brook.
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STEPHEA W. BECKER VILLAGE' OF O ROOK
By its: VILLAGE PRESIDENT
LISA BECKER