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HomeMy WebLinkAboutORDINANCE - 1899 - 6/9/1987 - ACQUISITION OF PROPERTYORDINANCE NO. 1899 AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY THROUGH CONDEMNATION OR OTHERWISE FOR THE, EXTENSION. WIDENING AND IMPROVEMENT OF BIESTERFIELD ROAD WHEREAS, the President and Board of Trustees of the Village of Elk Grove Village have determined that existing traffic patterns throughout the Village of Elk Grove Village demonstrate and require that Biesterfield Road be widened, extended and improved through the real property legally described in Exhibit A, attached hereto and made a part hereof ("Subject Property"); and WHEREAS, the extension, widening and improvement of Biester- field Road is necessary and required for the public safety and welfare in the Village of Elk Grove Village and is a public purpose; and WHEREAS, the Village's exercise of its powers of eminent domain required in order to condemn or purchase the Subject Property for the extension, widening and improvement of Biesterfield Road is contained in the Illinois Revised Statutes and the Ordinances of the Village of Elk Grove Village; and WHEREAS, the Village of Elk Grove Village is a Home Rule Municipality. 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 as follows: Section 1: That it is hereby determined that Biesterfield Road be extended, widened and improved in a manner necessary and convenient for public use. Section 2: That under the authority vested in the corporate authorities of the Village of Elk Grove Village through the statutes of the State of Illinois and the Ordinances of the Village, it is hereby determined that it is necessary and desirable that the Village shall acquire title to and possession of the Subject Property, which property is necessary, required and needed for the extension, widening and improvement of Biesterfield Road, and which property lies wholly within the limits of the Village of Elk Grove Village. Section 3: That the law firm of Burke and Ryan be and it is hereby authorized, empowered and directed to assist the Village Attorney and act as Co -Counsel to negotiate for and on behalf of said Village with the owner or owners of the Subject Property for the purchase thereof by said Village. Section 4: That in the event that the Village, through its Village Attorney and Co -Counsel is unable to agree with the owners of the Subject Property as to the compensation to be paid therefor, then fee simple title to and possession of the Subject Property shall be acquired by the Village of Elk Grove Village through condemnation and the Village Attorney and the law firm of Burke and Ryan, as attorneys for the Village, is hereby authorized, empowered and directed to institute proceedings in any court of competent jurisdiction to acquire fee simple title to and possession of said Subject Property for said Village in accordance with the eminent domain laws of the State of Illinois and the Ordinances of the Village of Elk Grove Village. -2- Section 5: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. VOTES: AYES: 6 NAYS: 0 ABSENT: 0 APPROVED: Charles J. Zettek VILLAGE PRESIDENT ATTEST: Patricia S. Smith VILLAGE CLERK PASSED this 9th day of June , 1987. APPROVED this 9th day of June , 1987. PUBLISHED this 17th day of June , 1987, in pamphlet form in the Elk Grove Daily Herald. -3- EXHIBIT A LOTS 46 THROUGH 63 INCLUSIVE IN STAPES SUBDIVISION, BEING A SUB- DIVISION OF PART OF THE NORTHEAST OUAR TER OF SECTION 35, TOWN- SHIP 47 NORTH, RANGE 70 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 16, 7979 AS DOCUMENT NUMBER 14920238 IN COOK COUNTY, ILLINOIS, AND LOTS 7 THROUGH 4 INCLUSIVE IN WINSTON GROVE SECTION 22 NORTH, BEING A SUBDIVISION IN PARTS OF SECTIONS 25 AND 36, TOWNSHIP 41 NORTH, RANGE 70 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 11, 7976 AS DOCUMENT NUMBER 23668769 IN COOK COUNTY, ILLINOIS, AND AS CORRECTED AND RECORDED JANUARY 77, 1977 AS DOCUMENT NUMBER 23790886 IN COOK COUNTY, ILLINOIS, AND THAT PART OF LOT 64 IN THE PLAT OF RESUBDIVISION NUMBER 4 OF A PORTION OF WINSTON GROVE SECTION 23B, BEING SUBDIVISIONS OF PART OF SECTION 16, TOWNSHIP 47 NORTH, RANGE 70 EAST OF THE THIRD PRIN- CIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OC- TOBER 3, 1985 AS DOCUMENT NUMBER 85278845 IN COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT LOCATED AT THE SOUTH- WEST CORNER OF SAID LOT 64; THENCE N 000 0815011 W ALONG THE WESTERL Y LOT LINE OF SAID LOT 64 (ALSO BEING THE EASTERLY RIGHT OF WAY LINE OF PLUM GROVE ROAD) A DISTANCE OF 50.00 FEET TO A POINT: 2 THENCE S 460 53'45" E A DISTANCE OF 47.06 FEET TO A POINT, SAID POINT BEING PERPENDICULAR TO AND 20.00 FEET NORTH OF THE SOUTHERLY LOT LINE OF SAID LOT 64; THENCE S 860 21' 19" W ALONG A LINE, SAID LINE LYING PARALLEL TO AND 20.00 FEET NORTH OF THE SOUTHERLY LOT LINE OF SAID LOT 64, 82.27 FEET TO ITS INTERSECTION WITH THE EASTERLY LOT LINE OF SAID LOT 64; THENCE S 270 30130" W ALONG THE EASTERL Y LOT LINE OF SAID LOT 64 A DISTANCE OF 22. 10 FEET TO THE SOUTHEAST CORNER OF SAID LOT 64; THENCE S 860 21' 79" W ALONG THE SOUTHERLY LOT LINE OF SAID LOT 64 A DISTANCE OF 704.00 FEET TO THE POINT OF BEGINNING. AND THAT PART OF LOT 63 IN THE PLAT OF RESUBDIVISION NUMBER 4 OF A PORTION OF WINSTON GROVE SECTION 23B, BEING SUBDIVISIONS OF PART OF SECTION 26, TOWNSHIP 47 NORTH, RANGE 70 EAST OF THE THIRD PRIN- CIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OC- TOBER 3, 1985 AS DOCUMENT NUMBER 85278845 IN COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT LOCATED AT THE SOUTH- WEST CORNER OF SAID LOT 63; THENCE N 270 3013011 E ALONG THE WESTERL Y LOT LINE OF SAID LOT 63 A DISTANCE OF 22. 10 FEET TO A POINT, THENCE S 890 58' 07" E A DISTANCE OF 95.85 FEET TO A POINT ON THE EASTERL Y 3 LOT LINE OF SAID LOT 63 (SAID POINT ALSO BEING 73.85 FEET NORTH OF THE SOUTHERLY LOT LINE OF SAID LOT 63), THENCE S 030 38'4 1" E ALONG THE EASTERL Y LOT LINE OF SAID LOT 63 A DISTANCE OF 73.85 FEET TO THE SOUTHEAST CORNER OF SAID LOT 63; THENCE S 860 27' 79" W ALONG THE SOUTHERL Y LOT LINE OF SAID LOT 63 A DISTANCE OF 105.04 FEET TO THE POINT OF BEGINNING. AND THAT PART OF LOT 62 IN THE PLAT OF RESUBDIVISION NUMBER 4 OF A PORTION OF WINS TON GROVE SECTION 23B, BEING SUBDIVISIONS OF PART OF SECTION 26, TOWNSHIP 47 NORTH, RANGE 10 EAST OF THE THIRD PRIN- CIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OC- TOBER 3, 1985 AS DOCUMENT NUMBER 85278845 IN COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT LOCATED AT THE SOUTHWEST CORNER OF SAID LOT 62; THENCE N 030 38'47" W ALONG THE WESTERLY LOT LINE OF SAID LOT 62 A DISTANCE OF 13.85 FEET TO A POINT, THENCE S 890 58'0711 E A DISTANCE OF 60.12 FEET TO A POINT ON THE EASTERL Y LOT LINE OF SAID LOT 62 (SAID POINT ALSO BEING 10.00 FEET NORTH OF THE SOUTHERLY LOT LINE OF SAID LOT 62); THENCE S 030 3814 711 E ALONG THE EASTERLY LOT LINE OF SAID LOT 62 A DISTANCE OF 70.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 61; THENCE S 860 27' 79" W 4 ALONG THE SOUTHERLY LOT LINE OF SAID LOT 62 A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING. AND THAT PART OF LOT 67 IN THE PLAT OF RESUBDIVISION NUMBER 4 OF A PORTION OF WINSTON GROVE SECTION 23B, BEING SUBDIVISIONS OF PART OF SECTION 26, TOWNSHIP 47 NORTH, RANGE 70 EAST OF THE THIRD PRIN- CIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OC- TOBER 3, 1985 AS DOCUMENT NUMBER 85278845 IN COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS. BEGINNING AT A POINT LOCATED AT THE SOUTHWEST CORNER OF SAID LOT 67; THENCE N 030 38'41" W ALONG THE WESTERL Y LOT LINE OF SAID LOT 67 A DISTANCE OF 70.00 FEET TO A POINT; THENCE S 880 57'32" E A DISTANCE OF 60.20 FEET TO A POINT ON THE EASTERLY LOT LINE OF SAID LOT 67 (SAID POINT ALSO BEING 5.08 FEET NORTH OF THE SOUTHERL Y LOT LINE OF SAID LOT 67); THENCE S 030 38'4 1" E ALONG THE EASTERL Y LOT LINE OF SAID LOT 67 A DISTANCE OF 5.08 FEET TO THE SOUTHEAST CORNER OF SAID LOT 61; THENCE S 860 21' 79" W ALONG THE SOUTHERL Y LOT LINE OF SAID LOT 67 A DIS- TANCE OF 60.00 FEET TO THE POINT OF BEGINNING. AND THAT PART OF LOT 60 IN THE PLAT OF RESUBDIVISION NUMBER 4 OF A PORTION OF WINSTON GROVE SECTION 23B, BEING SUBDIVISIONS OF 5 PART OF SECTION 25, TOWNSHIP 41 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 3, 7985 AS DOCUMENT NUMBER 85278845 IN COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT LOCATED AT THE SOUTH- WEST CORNER OF SAID LOT 60; THENCE N 030 38'4111 W ALONG THE WESTERLY LOT LINE OF SAID LOT 60 A DISTANCE OF 5.08 FEET TO A POINT, THENCE S 880 57'32" E A DISTANCE OF 62.27 FEET TO THE SOUTHEAST CORNER OF SAID LOT 60; THENCE S 860 21' 79" W ALONG THE SOUTHERLY LOT LINE OF SAID LOT 60 A DISTANCE OF 62.00 FEET TO THE POINT OF BEGINNING. AND THAT PART OF LOT 32 IN WINSTON GROVE SECTION 22 NORTH, BEING A SUBDIVISION IN PARTS OF SECTIONS 25 AND 36, TOWNSHIP 41 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 72, 1976 AS DOCUMENT NUMBER 23668769 IN COOK COUNTY, ILLINOIS, AND AS CORRECTED AND RECORDED JANUARY 17, 1977 AS DOCUMENT NUMBER 23790886 IN COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT LOCATED AT THE NORTH- EAST CORNER OF SAID LOT 32, THENCE S 20 20'03" E ALONG THE EASTERLY LOT LINE OF SAID LOT 32 A DISTANCE OF 117.51 FEET TO A POINT, THENCE S 870 29' 49" W ALONG A LINE, SAID LINE BEING 767.41 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE 19 OF THE NORTHWEST QUARTER OF SECTION 36, TO ITS INTERSECTION WITH THE WESTERL Y LOT LINE OF SAID LOT 32 (SAID LOT LINE ALSO BEING THE EASTERLY RIGHT OF WAY LINE OF MICHIGAN LANE),' THENCE NORTHERLY ALONG THE WEST LOT LINE OF SAID LOT 31 (SAID LOT LINE ALSO BEING THE EASTERLY RIGHT OF WAY LINE OF MICHIGAN LANE) TO THE NORTHWEST CORNER OF SAID LOT 32 (SAID CORNER ALSO BEING THE INTERSECTION OF THE EASTERL Y RIGHT OF WAY LINE OF MICHIGAN LANE WITH THE SOUTHERLY RIGHT OF WAY LINE OF BIESTERFIELD ROAD); THENCE EASTERLY ALONG THE NORTH LOT LINE OF SAID LOT 32 (SAID LOT LINE ALSO BEING THE SOUTHERL Y RIGHT OF WAY LINE OF BIES- TERFIELD ROAD) TO THE POINT OF BEGINNING. ORDINANCE NO. 1899 An Ordinance Authorizing The Acquisition of Property Through Condemnation or Otherwise For The Extension, Widening and Improvement of Biesterfield Road was duly adopted by the President and Board of Trustees on June 9, 1987. Said Ordinance has been published in Pamphlet Form pursuant to the authority of the President and Board of Trustees, Village of Elk Grove Village, Cook and DuPage Counties, Illinois. Copies are available at the Village Clerk's Office, Municipal Building, 901 Wellington Avenue, Elk Grove Village, Illinois.