(A) The subdivider or developer shall be responsible for conveying good, merchantable title to such sites, and shall be responsible for payment of all real estate taxes to the date of conveyance, including any agricultural roll back taxes which might be extended or levied against the sites, for any tax years or periods prior to the time of conveyance. After payment of the taxes, evidence of the payment shall be furnished to the village and the grantee.
(B) The amount of any general real estate taxes for the year of conveyance shall be pro-rated to the date of delivery of deed.
(C) The amount of the general real estate taxes shall be based on the assessor’s latest known rate, value and equalizer, if any, for the land being conveyed.
(D) The subdivider or developer shall furnish the village and the grantee with a survey of the land to be conveyed.
(E) A commitment for title insurance issued by a company authorized to do business in Illinois in the amount of the fair market value of the land shall be required as evidence of clear title.
(F) If within 30 days of receipt of the commitment, the village or grantee objects in writing to defects in the title, the subdivider or developer shall have 30 additional days from the date of delivery of the written objections to cure the defects.
(G) Conveyance shall occur only after or simultaneously with the passage of an ordinance by the village in which it indicates that the property will be accepted by the village for school purposes.
(H) All sites to be dedicated shall be conveyed to the school district either by warranty to trustee’s deed, or such form of conveyance as the school district shall require subject only to the following:
(1) Acts done or suffered by, or judgments against the school district, its successors and assigns;
(2) General taxes for the year of conveyance, and subsequent years;
(3) Zoning and building laws and/or ordinances;
(4) Public and utility easements of record which are reasonably acceptable to the village and school district;
(5) Conditions and covenants of record as contained only in plats of subdivision approved by the village;
(6) Rights-of-way for drainage ditches, feeders, laterals and underground tile, pipe or other conduit; and
(7) Other exceptions to title that village and school district shall find acceptable.
(I) Each conveyance shall be accompanied by an appropriate affidavit of title. All deeds of conveyance pursuant to this chapter shall be recorded, at the subdivider or developer’s sole expense, in the office of the Recorder of Deeds of Grundy County.
(Ord. VG06-412, passed 8-28-2006)