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Home My WebLink AboutORDINANCE - 2374 - 6/14/1994 - BLIGHTED AREAORDINANCE NO. 2374 AN ORDINANCE DESIGNATING CERTAIN REAL PROPERTY LOCATED AT THE SOUTHWEST CORNER OF ARLINGTON HEIGHTS ROAD AND BIESTERFIELD ROAD AS A BLIGHT AREA UNDER SECTION 8-13-1 ET. SEC. OF THE VILLAGE CODE WHEREAS, the Village of Elk Grove Village is a Home Rule Unit of local government pursuant to the provisions of Article VII, Section 6 of the Illinois Constitution; and WHEREAS, as a Home Rule Unit of local government, the Village of Elk Grove Village is authorized to exercise any power and per- form any function pertaining to its government and affairs except as limited by Article VII, Section 6; and WHEREAS, the Corporate Authorities of the Village of Elk Grove village, pursuant to its Home Rule powers, enacted Ordinance No. 2327 which Ordinance adopted Chapter 13 of Title 8 of the Village Code (Redevelopment of Blighted Areas); and WHEREAS, Section 8-13-1 authorizing the Village to designate areas within the Village as blight areas if certain blight factors are found to be present, to provide for the redevelopment of an area designated as a blight area, and to exercise the power of eminent domain to acquire property within a designated blight area; and WHEREAS, the Corporate Authorities of the Village of Elk Grove Village determined that certain property located at the Southwest corner of Arlington Heights Road and Biesterfield Road (the Grove Mall Shopping Center) may qualify as a "blight area" under the pro- visions of Section 8-13-1 (said real estate legally described in Section 1 of this Ordinance and hereinafter referred to as the "Grove Mall Shopping Center"); and WHEREAS, the Corporate Authorities held a public hearing on February 15, 1994, pursuant to the Village of Elk Grove Village Ordinance No. 2346 to determine if the Grove Mall Shopping Center qualifies as a blight area under Section 8-13-1 of the Village Code; and WHEREAS, at said hearing, the Corporate Authorities heard testimony and received evidence as to whether the factors which are required under Section 8-13-1 in order for an area to be de- signated as a "blight area" exist in the Grove Mall Shopping Center; and WHEREAS, the firm of Trkla, Pettigrew, Allen & Payne, Inc. conducted an eligibility analysis of the Grove Mall Shopping Center to determine whether all or any part of the area qualified for designation as a "blight area" within the definition set forth in Section 8-13-1B and presented and discussed its findings at said public hearing and subsequently submitted to the Village a written report entitled "Grove Shopping Center Tax Increment Redevelopment Project - Eligibility Report", dated January 1994; and -2- WHEREAS, Trkla, Pettigrew, Allen & Payne, Inc. found the Grove Mall Shopping Center to be eligible within the definition of "blight area" set forth in Section 8-13-1 because seven (7) of the fourteen (14) blight factors listed in Section 8-13-1 were found to be pre- sent in the area; the blight factors which are present are reason- ably distributed throughout the area; and all properties within the area show the presence of blight factors or are otherwise so closely situated to property showing said blight factors so as to require the inclusion of all property as a "blight area"; and WHEREAS, the Corporate Authorities of the Village of Elk Grove Village find that the parcels within the Grove Mall Shopping Center are blighted and that the elimination and redevelopment of said parcels will enhance the Village's tax base and shall eliminate conditions which are dangerous to the public health, safety and/or welfare of the citizens of the Village of Elk Grove Village. NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois, in the exercise of its Home Rule powers, as follows: Section 1: That the area commonly known as the Grove Mall Shopping Center located at the Southwest intersection of Arlington Heights Road and Biesterfield Road which is described below quali- fies in its entirety as a blight area and is hereby designated as -3- the Grove Mall Shopping Center Blight Area pursuant to Section 8-13-1 of the Village Code of the Village of Elk Grove Village. The Grove Mall Shopping Center Blight Area is legally described as follows: Parcel A: The East 810.0 feet, as measured along the North line of the North 850.0 feet, as measured along the East line of the Southwest Quarter of the North- east Quarter of Section 32, Township 41 North, Range 11, East of the Third Principal Meridian, (excepting from said parcel that part lying South of a line drawn from a point in the East line of said parcel 620.18 feet South of the Northeast corner of said parcel to a point in the West line of said parcel 635.14 feet South of the Northwest corner of said parcel) in Cook County, Illinois Parcel B: The East 810.0 feet, as measured along the North line of the North 850.0 feet, as measured along the East line of the Southwest Quarter of the North- east Quarter of Section 32, Township 41 North, Range 11, East of the Third Principal Meridian, (excepting from said parcel that part lying North of a line drawn from a point in the East line of said parcel 620.18 feet South of the Northeast corner of said parcel to a point in the West line of said parcel 635.14 feet South of the Northwest corner of said parcel) in Cook County, Illinois Parcel C: The East 810.0 feet as measured along the North line of the North 1170.0 feet, as measured along the East line of the Southwest Quarter of the North- east Quarter of Section 32, Township 41 North, Range 11, East of the Third Principal Meridian, (excepting from said parcel the North 850.0 feet as measured along the East line of the Southwest Quarter of the North- east Quarter of said Section 32) in Cook County, Illi- nois Parcel D: The East 419.0 feet (except the West 12 feet of the East 45 feet) as measured along the North line of the North 1250.0 feet, as measured along the East line of the Southwest Quarter of the Northeast Quarter -4- of Section 32, Township 41 North, Range 11, East of the Third Principal Meridian, (excepting from said par- cel the North 1170.0 feet as measured along the East line of the Southwest Quarter of the Northeast Quarter of said Section 32) in Cook County, Illinois Parcel E: The East 245.0 feet, as measured along the North line of the North 260.0 feet, as measured along the East line of the Southwest Quarter of the North- east Quarter of Section 32, Township 41 North, Range 11, East of the Third Principal Meridian in Cook County, Illinois The proposed blight area includes the parcels which have Permanent Real Estate Index Numbers 08-32-200-014, 08-32-200-015, 08-32-200- 017, 08-32-200-018, 08-32-200-019, 08-32-200-020 and 08-32-200-002. The proposed blight area includes the main Grove Mall Shopping area and surrounding outlots commonly known as the Burger King Restaurant, the Elk Grove Cinema and the Citgo Service Station. Section 2: The Corporate Authorities of the Village of Elk Grove Village are hereby authorized to (a) exercise the power of eminent domain to acquire by condemnation or otherwise any improved or unimproved property within the Grove Mall Shopping Center Blight Area, or portions thereof, which is necessary for the redevelop- ment of the Grove Mall Shopping Center Blight Area; (b) hold or use any of the property which the Village may acquire within the Grove Mall Shopping Center Blight Area for public uses; and (c) convey, lease, mortgage, dispose of land or other property, real or personal, or rights therein, within the Grove Mall Shopping -5- Center Blight Area, for purposes of redevelopment, in a manner and at such price as the Village determines is reasonably neces- sary to provide for the redevelopment of the Grove Mall Shopping Center Blight Area. Section 3: This Ordinance and each of its terms shall be the effective legislative act of a home rule municipality without regard to whether such ordinance should (a) contain terms con- trary to the provisions of current or subsequent non -preemptive state law, or (b) legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the intent of the Corporate Authorities of the Village of Elk Grove Village that to the extent that the terms of this Ordinance should be incon- sistent with any non -preemptive state law, this this Ordinance shall supersede state law in that regard within its jurisdiction. Section 4: That the Village Clerk is authorized to publish this Ordinance in pamphlet form. Section 5: That this Ordinance shall be in full force and effect upon its passage, approval and publication according to law. PASSED this 14th day of APPROVED this 14th day of 1994. 1994. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 IM. APPROVED: Dennis J. Gallitano VILLAGE PRESIDENT ATTEST: Patricia S. Smith VILLAGE CLERK By: Ann I. Read Deputy Village Clerk form. PUBLISHED this 17th day of June -7- , 1994, in pamphlet