(a) Gifts of real estate may include developed or undeveloped property or gifts subject to a life interest or reversionary right. Whenever Donations are made of non-residential property, a Phase I Environmental Assessment shall be required, and the results of the Phase I Assessment must first be approved by the Village Law Director. In addition, the Village Council shall approve all Donations of real estate and in the case of nonresidential property, shall approve the environmental condition of the property before the Donation will be accepted. The cost of any environmental impact assessment shall be paid for by the Donor.
(b) The Village shall obtain a Title Insurance Commitment the cost of which shall be determined between the Donor and the Village. The Village Law Director shall approve the condition of title before a Donation of real property will be accepted. The Donor must provide the Village with all available documents related to the condition of the property upon written request of the Village before a Donation of real property will be accepted.
(c) In considering whether to accept a Donation of real property, the Village Council shall consider the following criteria:
(1) Is the property free from adverse environmental conditions.
(2) Is the property marketable and is the title acceptable to the Law Director.
(3) Does the Village have a use for the real property and is it accessible and useable by Village residents or the Village government.
(4) Are there any restrictions, reservations, easements, or other limitations associated with the use or sale of the property.
(5) Are there any carrying costs associated with the property other than insurance, such as storage fees, liens, mortgages, or other carrying costs.
(6) The Village may accept royalties from oil, gas, and other mineral interests when the gift is separated from ownership of the real property. The right to receive the royalties shall not include liabilities or other considerations that make receiving the gift inappropriate.
(7) The donated property cannot negatively affect public access or Village Services.
(8) Is the property located within the Village, or any area outside the Village that is serviced by a Village supplied sewer and/or water service.
(Ord. 2023-37. Passed 7-24-23.)