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1981-030N i ORDINANCE NO.81 -30 AN ORDINANCE PROVIDING FOR THE AC- QUISITION OF LAND IN LAKE COUNTY, ILLINOIS (Reservoir #7) WHEREAS, pursuant to section 11- 125 -2 of the Illinois Mu- nicipal Code (Chapter 24, Illinois Revised Statutes 1979) the Village has authority to purchase land outside its corporate boundaries for the purpose of establishing or supplying water- works. BE IT ORDAINED BY THE PRESIDENT and BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK and LAKE COUNTIES, IL]INOIS, that: SECTION 1. The real estate hereinafter described in Exhibit "A" is hereby determined to be necessary, desirable and in the best public interest to be acquired by the Village of Buffalo Grove for the purposes of establishing and supplying waterworks and purchasing, improving, extending and operating waterworks. SECTION 2. It is hereby determined that the real estate here- inafter described be used, occupied and developed for those pur- poses as set forth in Section 1 hereof. SECTION 3. That the real estate hereinafter described is pri- vately owned and through negotiations with said private owners, the. Village has determined that an agreement to purchase said property is desirable. SECTION 4. That the Village President and Village Clerk are hereby authorized and directed to execute the "Agreement" to purchase real estate attached hereto and made a part hereof as Exhibit "A ". SECTION 5. That the Village is hereby authorized to expend the appropriate sums of money to purchase said property in ac- cordance with Exhibit "A ". SECTION 6. That this Ordinance shall be in full force and effect from and after its passage and approval according to law. AYES 6 - Marienthal, Stone, O'Reilly, Hartstein, Gerschefske, Schwartz NAYES 0 - None ABSENT: 0 - None -2- PASSED this 8th day of June APPROVED this 8th day of June ATTEST: L Y�Ilage Clerk ,1981. ,1981. APPROVED: Village President AGREEMENT AGREEMENT made and entered into this `' day of �t��i/�_ , e.Qye 1981, by and between THE VILLAGE OF BUFFALO GROVE, an Illinois !% municipal corporation (hereinafter "Village "), and CTTARLFS FIORE NURSERIES, INC., an Illinois corporation (hereinafter "Corporation "). W I T N E S S h T H: Whereas, the Corporation owns certain real property contiguous to the corporate limits of the Village, and Village desires and needs said property for purposes of extension of its water works facilities; and, Whereas, the Village has given notice to the Corporation that it intends to acquire said land for the aforesaid purposes and would condemn said land in the absence of negotiated sale there- fore; and, ,v NA 0 Jc1di D TcGo/T�o: Whereas,llf rAdTi' s c1i" h a°t �fi �co t86Kri�iat %n` -an� er nego- tiations the Corporation has agreed to sell such land and the C Village to purchase same upon the terms herein contemplated. NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained and of the foregoina recitals, .the parties agree: 1. The Village agrees to purchase and the Corporation to sell the certain real property as described in Exhibit "A" attached hereto and made a part hereof. (hereinafter "The Property ") at a total purchase price of One hundred forty seven thousand eight hundred seVenty_ -one and 20 /100ths Dollars ($147,871.20) determined by multiplying the number of acres in said described property by Twenty Thousand Dollars (820,000.00) per acre. Said Purchase -price shall be payable by certified check or cashier's check to the order of Seller in installments as follows: A. One Hundred Three Thousand Seven Hundred Fortv and 40 /100ths ($103,740.40) Dollars at closing; and, B. Fortv Four Thousand One Hundred Thirty and 80 /100ths ($44,130.$0) Dollars on or before may 2, 1982. Closing shall be on or before tn,� - -�f' 991, at a + mutually agreed upon time and place, provided title is shown good or accepted by Village 2. Conveyance shall be by corporate warranty deed in record- able-form and title shall be conveyed subiJ-e t to convenants, conditions and restrictions of record;p5aI Mland utility easements and roads and highways, if any; party wall rights and agreements, if any: special taxes or assessments for improvements not vet completed; installments not due at the date hereof of an_v special tax or assessment for improvements heretofore completed; general real estate taxes for 1980 and following years. ** The Village shall obtain at its own cost prior to closing any surveys that it desires to have with respect to the property * *right of the public and adjoining owners to free and unobstructed flow of waters of the stream if any flowing through the described property, right of way for drainage tiles, ditches, feeders and laterals, if any_ sold hereunder and such title commitment for owner's title insurance as the Village shall elect to obtain at its own cost and expense covering title to the real estate as of the date hereof showina .title in the Corporation.subject only to general exceptions contained in the 'policy; the title exceptions set forth above, and 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 Corporation may so remove at that time by using the funds to be paid upon the delivery 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. Possession shall be given concurrently with closing. 3. The Village agrees concurrently with conveyance of The Property to take all necessary steps to cause The Property to be lawfully annexed to and made a part of the Village and further, to 'cause The Property to be and remain contiguous to the remaining property owned by the Corporation immediately to the north of The Property so as to permit, such remaining property to be lawfully annexed to the Village. 4. If annexation of The Property to the Village of Buffalo Grove is not concluded on or before - ,,,41981; then 104 - at the option of the Corporation,'exerci ed in writing, the Village' 1 shall reconvey The Property to the Corporation and the Corporation -7,7V- shall refund to the Villaqe monies paid to the Corporation to the date of such reconveyance, but without interest or other expenses to the Corporation. - Until annexation shall be completed as aforementioned, the Village shall not do or permit to be done, any work or other use of The Propertv, and agrees to save harmless and defend the Corporation as to any claims, liabilities, liens, or other encumbrances on The Property in the event that the Village shall be required to reconvey such property subsequent to the aforesaid conditions. The reconve_yance of The Property if required hereunder, shall be by warranty deed subject, however, to the same conditions of title as are provided for in paragraph 2 with respect to the original conveyance of The Property. 5. The Corporation shall pay when due all 1940 real estate taxes on The Property and shall forward evidence of payment of same to the Village within Twenty (20) days of due date. The Village shall immediately apply for real estate 'tax exemption on The Property after receipt of deed for same. Parties shall prorate 1941 taxes on The Property as of date of closing, and shall reprorate upon receipt of actual bill. In the event the prbnerty shall be taxed for real estate tax purposes together with other property, then the proration of real estate taxes, or the re proration thereof, shall be made on the basis.of the per acre.tax assessment. _9_ o � 6. The parties recite for the purposes of clarity that at the present time The Property together with other property owned by the Corporation are part of a single tract, all of which is contiguous to present corporate boundaries of the Village. It is the intention of the parties that .following the conveyance of The Property, the northern boundary of The Property will be coterminous with the corporate boundary of the Village at such point and contiguous to remaining property owned by the Corporation, and that the same will be so maintained by the Village in order that, after conveyance of The Property, such remaining real property of the Corporation will continue to be and remain contiguous to that corporate boundary of the Village which will be coterminous with the northern boundary of the Property. 7. The Property is vacant and unimproved. 8. This agreement may be executed in one or more counterparts, each of which shall be deemed an original. 9. The Village agrees that it has, or will within required times adopt all necessary ordinances or resolutions, hold all necessary public hearings and give all required notices as may be necessary or appropriate for the validity and enforceability of the foregoing agreement including but not limited to the within sale and annexation of The Property and will comply with all legal require- ments with respect thereto. 10. The Corporation represents that all necessary approvals of shareholders and directors have been obtained following all required meetings duly constituted and in accordance with law and any by- laws-or provisions of the corporate charter. 11. All notices.reauired or permitted hereunder shall be in writing, given by registered or certified mail, postage thereon fully prepaid, and return receipt requested, addressed to the parties as follows: TO: Charles Fiore Nurseries, Inc. Route 22 Prairie View, Illinois 60069 With copy to: Russell L. Engber 1893 Sheridan Road Highland Park, Illinois 60035 TO: The Village of Buffalo Grove 50 Raupp Blvd. Buffalo Grove, Illinois 60090 With copy to: William Raysa Bloche, French & Raysa 1011 Lake Street Suite 332 Oak Park, Illinois 60301. -3- 12. It is understood and agreed that time is the essence in this agreement. IN WITNESS WHEREOF, the Village has caused this agreement to be executed by the President of the Board of Trustees and attested by its Village Clerk pursuant to ordinance lawfully adopted, and the Corporation has caused this agreement to be executed b_v its president and attested by its corporate secretary pursuant to authority of. its shareholders and direetors,.all the day and year first above written. VILLAGE OF BUFFALO GROVE an Illinois municipal corporation BY: ATTEST: VillacW Clerk CHARLES FIORE NURSERIES, INC. an Illinois corporation, BY: ATTEST: C Secretary VILLAGE OF BUFFALO GROVE ORDINANCE NO. k'/&O ADAPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROV THIS DAY OF 19� Published in Pa mphlet form by authority of the President and Board of Trustees of the Village of Buffalo Grove, Coo and Lake Counties, Illinois, this 26 tk- day of 19 r i ORDINANCE NO.81 -30 AN ORDINANCE PROVIDING FOR THE AC- QUISITION OF LAND IN LAKE COUNTY, ILLINOIS (Reservoir #7) WHEREAS, pursuant to section 11 -125 -2 of the Illinois Mu- nicipal Code (Chapter 24, Illinois Revised Statutes 1979) the Village has authority to purchase land outside its corporate boundaries for the purpose of establishing or supplying water- works. BE IT ORDAINED BY THE PRESIDENT and BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK and LAKE COUNTIES, IL IINOIS, that: SECTION 1. The real estate hereinafter described in Exhibit "A" is hereby determined to be necessary, desirable and in the best public interest to be acquired by the Village of Buffalo Grove for the purposes of establishing and supplying waterworks and purchasing, improving, extending and operating waterworks. SECTION 2. It is hereby determined that the real estate here- inafter described be used, occupied and developed. for those pur- poses as set forth in Section 1 hereof. SECTION 3. That the real estate hereinafter described is pri- vately owned and through negotiations with said private owners, the Village has determined that an agreement to purchase said property is desirable. SECTION 4. That the Village President and Village Clerk are hereby authorized and directed to execute the "Agreement" to purchase real estate attached hereto and made a part hereof as Exhibit "A". SECTION 5. That the Village is hereby authorized to expend the appropriate sums of money to purchase said property in ac- cordance with Exhibit "A ". SECTION 6. That this Ordinance shall be in full force and effect from and after its passage and approval according to law. AYES: .6 - Marienthal, Stone, O'Reilly, Hartstein, Gerschefske, Schwartz NAYES : 0 - None ABSENT: 0 - None -2- PASSED this 8th day of June 1981. APPROVED this 8th day of June 1981. APPROVED: Vi age President ATTEST: Ilage Clerk y AGREEMENT t AGREEMENT made and entered into this ` day of -1-L14/4 , ect 1981, by and between THE VILLAGE OF BUFFALO GROVE, an Illinois municipal corporation (hereinafter "Village "), and CI;ARLFS FIORE % NURSERIES, INC., ., an Illinois.corporation (hereinafter "Corporation"). W I T N E S S F T H: Whereas, the Corporation owns certain real property contiguous to the corporate limits of the Village, and Village desires and needs said property for Purposes of extension of its water works facilities; and, Whereas, the Village has given notice to the Corporation that it intends to acquire said land for the aforesaid purposes and would condemn said land in the absence of negotiated sale there - .fore; and, 41Vn T It1d! D 7C�.: / ssilc'h h a°t O� ct ,� HIV se 45;A e(5 � OF Whereas,14tRdTf on61& Eer q- Jfn t _ tiations the Corporation has agreed to sell such land and the C Village to purchase same upon the terms herein contemplated. NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained and of the foregoing recitals, the parties agree: 1. The Village agrees to purchase and the Corporation to sell the certain real property as described in Exhibit "A" attached hereto and made a part hereof. (hereinafter "The Property ") at a total purchase_price of One hundred forty seven thousand eight hundred seventy -one and 20 /100ths Dollars ($147,871.20) determined by multiplying the number of acres in said described property by Twenty Thousand Dollars ($20,000.00) per acre. Said purchase price shall be payable by certified: check or cashier's check to the order of Seller in installments as follows: A. One Hundred Three Thousand Seven Hundred Forty and 40 /100ths ($103,740.40) Dollars at closing; and, A. Forty Four Thousand One Hundred Thirty and 80 /100ths ($44,130.80) Dollars on or before May 2, 1982. Closing shall be on or before at a '°h mutually agreed upon time and place, provided title is shown good or accepted by Village 2. Conveyance shall be by corporate warranty deed in record- able-form and title shall be conveyed sub'e t to convenants, conditions and restrictions of record;. i�Sland utility easements. and roads and highways, if any; party wall rights and agreements, if any: special taxes or assessments for improvements not vet completed; installments not due at the date hereof of any special tax or assessment for improvements heretofore completed: general real estate taxes for 1980 and following years. ** The Village shall obtain at its own cost prior to closing any surveys that it desires to have with respect to the property * *right of the public and adjoining owners to free and unobstructed flow of waters of the stream if any flowing through the described property, right of way for drainage tiles, ditches, feeders and laterals, if any- i c' sold hereunder and such title commitment for owner's title insurance as the Village shall elect to obtain at its own cost and expense covering title to the real .estate as of the date hereof showing title in the Corporation subject only to general exceptions contained in the "policy; the title exceptions set forth above, and 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 Corporation may so remove at that time by using the funds to be paid upon the delivery 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. Possession shall be given concurrently with closing. 3. The Village agrees concurrently with conveyance of The Property.to take all necessary steps to cause The Property to be lawfully annexed to and made a part of..the Village and.further, to cause The Property to be and remain continuous to the remainina property owned by the Corporation immediately to the north of The Property so as to permit such remaining property to.be. lawfully annexed to the Village. 4. If annexation of The Property to the Village of Buffalo Grove is not concluded on or before - 1981, then e- at the option of the Corporation, exerci ed in writing, the Village shall reconvey The Property to the Corporation and the Corporation S shall refund to the Village monies paid to the Corporation to the date of such reconveyance, but without interest or other expenses to the Corporation. Until annexation.shall be completed as aforementioned, the Village shall not do or permit to be done, any work or other use of The Property, and agrees to save harmless and defend the Corporation as to any claims, liabilities, liens, or other encumbrances on The Property in the event that the Village shall be required to reconvey such property subsequent to the aforesaid conditions. The reconve_yance of The Property if required hereunder, shall be by warranty deed subject, however, to the same conditions of title as are provided for in paragraph 2 with respect to the original conveyance of The Property. 5. The Corporation shall pay when due all 1980 real estate taxes on The Property and shall forward evidence of payment of same to the Village within Twentv (20) days of due date. The Village shall immediately apply for real estate tax exemption on The Property after receipt of deed for same. Parties shall prorate 1981 taxes on The Property as of date of closing, and shall reprorate upon receipt of actual bill. In the event the property shall be taxed for real estate tax purposes together with other property, then the proration of real estate taxes, or the reproration thereof, shall be made on the basis of the per acre tax assessment. -9- 6. The parties recite for the purposes of clarity that at the present time The Property together with other property owned by the Corporation are part of a single tract, all of which is contiguous to present corporate boundaries of the Village. It is the intention of the parties that following the conveyance of The Property, the northern boundary of The Property will be coterminous with the corporate boundary of the Village at such point and contiguous to remaining property owned by the Corporation, and that the same will be so maintained by the Village in order that, after conveyance of The Property, such remaining real property of the Corporation will continue to be and remain contiguous to that corporate boundary of the Village which will be coterminous with the northern boundary of the Property. 7. The Property is vacant and unimproved. 8. This agreement may be executed in one or more counterparts, each of which shall be deemed an original. 9. The Village agrees that it has, or will within required times adopt all necessary ordinances or resolutions, hold all necessary public hearings and give all required notices as may be necessary or appropriate for the validity and enforceability of the foregoing agreement including but not limited to the within sale and annexation of The Property and will comply with all legal require- ments with respect thereto. 10. The Corporation represents that all necessary approvals of shareholders and directors have been obtained following all required meetings duly constituted and in accordance with law and any by-laws-or provisions of the corporate charter. 11. All notices required or permitted hereunder shall be in writing, given by registered or certified mail, postage thereon fully prepaid, and return receipt requested, addressed to the parties as follows: TO: Charles Fiore Nurseries, Inc. Route 22 Prairie View, Illinois 60069 With copy to: Russell L. Fna_ber 1893 Sheridan Road Highland Park, Illinois 60035 TO: The Village of Buffalo Grove 50 Raupp Blvd. Buffalo Grove, Illinois 60090 With copy to: William Raysa Bloche, French & Raysa 1011 Lake Street Suite 332 Oak Park, Illinois 60301. -3- e 12. It is understood and agreed that time is the essence in this agreement. IN WITNESS WHEREOF, the Village has caused this agreement to be executed by the President of the Board of Trustees and attested by its Village Clerk pursuant to ordinance lawfully adopted, and the Corporation has caused this agreement to be executed.bv its president and attested by its corporate secretary pursuant to authority of its shareholders and directors, all the day and year first above written. VILLAGE OF BUFFALO GROVE an Illinois municipal corporation BY: ATTEST: yy� . a Villa Clerk CHARLES FIORE NURSERIES, INC. an Illinois corporation, BX:�_.a ATTEST: Secretary EX11I.RIT "A" That part of the East 589.29 .feet of the North half of the Northeast Quarter of Section 29, Township 43 North, Range 11 East of the Third Principal Meridian in Lake County, Illinois, described as follows: Beainning at the Southeast corner of said East 599.29 feet of the North half of the Northeast Quarter of Section 29; thence North 900 00' 00" West along the South line of said North half of the Northeast quarter a distance of 589.30 feet to the intersection of said South line with the West line of_'the East 589.29 feet of the North half of said Northeast quarter; thence North 900 20' 49" East along said West line of the .Fast 599.29 feet of the North half of the Northeast auar.ter a distance of 709.63 feet; thence South 600 57' 06" East a distance of 671.93 feet to a point on the East line of said Northeast quarter; thence South 000 20' 49" West along said East. line of the Northeast quarter a distance of 39.3.42 feet to the point of beginning. L°. EXHIBIT "A" That part of the East 599.29 feet of the North half_ of the Northeast Quarter of Section 29, Township 43 North, Range 11 East of the Third. 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