(A) Purchase price. The minimum purchase price for a single parcel shall be $500. Upon receipt of an offer by an adjacent neighbor to purchase a parcel, the Village shall give written notice by certified mail to any other owner of adjacent property indicating that the Village will accept sealed bids for the parcel for a period of 30 days from the date of the mailing of the notice. All bids that conform with the requirements of the ANLAP Program shall be submitted to the President and Board of Trustees for consideration. The President and Board of Trustees may, in their sole discretion, accept a particular bid or may reject all bids. All bids must comply with the requirements of the ANLAP Program. Acceptance of a bid and authorization for the sale of a parcel shall be by approval of a resolution by a simple majority vote of the President and Board of Trustees.
(B) Public utilities and easements. If public utilities, street lighting, sanitary or storm sewers, fire hydrants and related water service lines, public sidewalks or any other above or below grade infrastructure or public improvements (the "public facilities") are located within any portion of the parcel to be sold, the Village shall reserve in the quitclaim deed, a public utility or sidewalk easement of sufficient size to accommodate the repair, replacement, or maintenance of said public facilities or the installation of additional public facilities. The Village Engineer, in his discretion, shall determine the size of the required easement area. The quitclaim deed will not remove or release any existing non-Village easement rights or other conditions of public record that are enforceable by other persons or private or public entities.
(C) Other costs.
(1) Following approval of the authorizing resolution, the adjacent owner shall, within 30 days of such approval, deposit with the Village $1,500 to pay for the costs incurred by the Village in considering and processing the offer and sale, including without limitation, the preparation of the quitclaim deed, other conveyance documents and resolution approving said sale, plat of consolidation, the mailing of notices required under this chapter, and any filing or recording fees charged by the County Recorder of Deeds or any other governmental agency. If the adjacent owner desires to obtain a title commitment or policy, or to close the transaction at a title company, such title commitment or policy and closing fees shall be at his or her sole cost.
(2) The adjacent neighbor remains obligated to pay the balance of the total actual fees and costs incurred by the Village under the ANLAP Program including any title commitment/policy or closing costs. The balance of any deposit, after the actual incurred costs and fees are satisfied, shall be promptly returned to the adjacent neighbor, at or following the closing.
(3) Once the deposit is received, the Village Engineer will evaluate the parcel relative to the Village's need to retain certain types of easements or the necessity to relocate any public facilities or to install a sidewalk in the parcel. There may be public or private easements or conditions of title that affect the parcel but if the adjacent neighbor desires to acquire the parcel, he or she will take subject to such encumbrances. The Village Attorney will deliver to the adjacent neighbor or to his or her attorney copies of the title commitment, if any, and the Village Engineer's written recommendation relative to the necessary easements or conditions that the Village will require as part of the sale.
(Ord. C0-08-40, passed 9-16-2008)