Repository: UIHistories Project: Board of Trustees Minutes - 1944 [PAGE 852]

EXTRACTED TEXT FROM PAGE:

1944]

UNIVERSITY OF ILLINOIS

849

T h e above described lands which the University has been requested to acquire constitute a relatively small part of the total of the land necessary for the project and are now in the process of being acquired and the University has been advised that the project may be started without these lands. (b) That the University has the power and authority to adopt this resolution through its Board of Trustees and to perform all of the covenants contained herein, subject only to such legislation as may hereafter be enacted by the General Assembly of the State of Illinois. (c) That the University is financially and practically able to perform all of the covenants contained in this resolution. ( d ) That there is no pending or threatened litigation or other legal proceeding, and no material and relevant fact, which might adversely affect the prosecution of the project, the operation of the Airport, or the performance of any of the covenants contained in Section I hereof, which has not been brought to the attention of the Administrator. (e) That the Board of Trustees of the University is the proper body to adopt this resolution and has complied with all requirements of law in so doing. (f) That such of the above representations and warranties as involve questions of law are made upon the advice of Chapman and Cutler, counsel of the University, whose certificate as to such matters has previously been delivered to the Board of Trustees and is annexed hereto and made a part hereof, as Exhibit "A." Section 3. That Chapman and Cutler be and they are authorized and directed to furnish the Administrator copies of all documents representing or evidencing the encumbrances described in Section 2 ( a ) hereof, together with such legal and factual information relative to the Airport, the project and this resolution as the Administrator may reasonably request. Section 4. That five certified copies of this resolution be sent forthwith to the Administrator, through the Regional Manager of the Civil Aeronautics Administration, 608 South Dearborn Street, Chicago, Illinois. Section 5. That this resolution shall be effective immediately. I approve of the adoption of the foregoing resolution.

Approved as to F o r m : PARK LIVINGSTON

President of the Board of Trustees of the University of Illinois We, Chapman and Cutler, the duly appointed and qualified counsel of the University of Illinois, having read the proposed resolution heretofore submitted to the Board of Trustees of the University of Illinois by the Administrator of Civil Aeronautics, the adoption of which is required as a condition precedent to the prosecution of a Civil Aeronautics Administration national defense project for the development of the University of Illinois Airport, CAA Docket Number 004-11-17, do hereby certify: j . That the University of Illinois has title in fee simple to all of the lands comprising the landing area of said Airport, which lands are shown on the attached sketch, and that said lands are held free from any lien, lease, easement or other encumbrances other than the taxes for the year 1943, payable in the year 1944 and the right of the former owners and present tenants in possession to occupy the residences located thereon and to remove therefrom growing crops, fences and certain buildings on or prior to March 1, 1944, all as evidenced by guarantee policies covering said properties issued by the Chicago Title and Trust Company, which we have examined and believe to be reliable and upon which we have relied in making this certificate. 2. That the University of Illinois with respect to all other lands to be improved under the above project, which lands are also shown on the attached sketch, is now in the process of acquiring the following described tracts of land: (a) T h e Southwest Quarter of the Northeast Quarter of Section 3 ; ( b ) A rectangular tract of approximately one acre out of the Southeast Corner of the East Half of the Southeast Quarter of the Northwest Quarter of Section 10; and (c) T h e Northwest Quarter of the Southeast Quarter of Section 10; All of the above being in Township 18 North, Range 8 East of the Third Principal Meridian.

AMOS H . W A T T S , Atty.