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Home My WebLink AboutORDINANCE - 3892 - 4/8/2025 - MIDWAY COURT RIGHT-OF-WAY AQUISITION CONDEMNATION (BEST WESTERN PARCEL)ORDINANCE NO.3892 AN ORDINANCE OF THE VILLAGE OF ELK GROVE VILLAGE, ILLINOIS AUTHORIZING THE ACQUISITION THROUGH NEGOTIATION OR CONDEMNATION OF CERTAIN PROPERTY LOCATED NORTH OF THE VACATED PUBLIC RIGHT-OF-WAY OF MIDWAY COURT LYING EAST OF HIGGINS ROAD (BEST WESTERN PARCEL) WITHIN THE BUSSE/ELMHURST ROAD REDEVELOPMENT PROJECT AREA WHEREAS, the Village of Elk Grove Village (the "Village") is a home rule municipality as described in Section 6(a) Article VII of the 1970 Constitution of the State of Illinois, and as such, may exercise any power and function pertaining to its government and affairs; and WHEREAS, pursuant to Section 11-74.4-4.2 of the Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1, et seq. (the "Act"), on March 11, 2014, the Village, after providing all notices and conducting a public hearing as required by the Act, adopted Ordinance No. 3371 adopting the Busse/Elmhurst Road Redevelopment Plan and Project ("Plan"); and WHEREAS, pursuant to Section 11-74.4-4-2 of the Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1, et seq. (the "Act"), on March 11, 2014, after providing all notices and conducting a public hearing as required by the Act, the Village adopted Ordinance No. 3372 designating the Busse/Elmhurst Road Redevelopment Project Area ("Redevelopment Project Area"); and WHEREAS, the Plan included an eligibility study, which concluded that there were blighting factors in the area qualifying the area as a "conservation area" as defined in the Act, and the Plan called for the Village to eliminate these conditions of blight and to stimulate private investment in the TIF District by using various means, including acquiring property as authorized by the Act; and WHEREAS, the Village has deemed it necessary and advisable and in the public interest and welfare of the Village to acquire title to the real estate legally described and generally depicted in Exhibit A attached hereto and incorporated herein (the "Subject Property") which is located within the Redevelopment Project Area and has been found to have blighting conditions which impede the redevelopment of the Subject Property and surrounding properties; and WHEREAS, the Village has determined that the Subject Property should be acquired and held in perpetual public ownership by the Village to fulfill the goals and purposes of the Plan for the Redevelopment Project Area for the furtherance of its government affairs and for those purposes authorized by the Act, including but not limited to, for the installation of utilities that will foster the redevelopment of surrounding properties; and WHEREAS, as a home rule municipality and pursuant to Section 11-74.4-4(c) of the Act, the Village has expressed authority to acquire by purchase or eminent domain real property that the Village deems to be reasonably necessary to achieve the objectives of the Plan; and WHEREAS, the Village has obtained a title search identifying the record title holder of the Subject Property to be: SNP3 Inc., an Illinois corporation ("Owner"); and WHEREAS, the Village has obtained an appraisal report from an Illinois licensed MAI appraisal consultant opining as to the current fair cash market value of the Subject Property; and WHEREAS, the Village desires to adopt this Ordinance in order to authorize acquisition of the Subject Property through either negotiation if an agreed upon voluntary purchase and sale of the Subject Property consistent with the appraisal obtained by the Village can be completed, and if unsuccessful because an agreed upon voluntary purchase and sale of the Subject Property cannot be achieved with the Owner, by the use of the Village's power of eminent domain by filing a condemnation action in the Circuit Court of Cook County, Illinois. NOW THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Cook and DuPage Counties, Illinois, as follows: Section 1: That the Recitals set forth above are hereby adopted and incorporated into this Ordinance. Section 2: That it is necessary, desirable and in the best interest of the Village to acquire fee simple title to the Subject Property as legally described and generally depicted in Exhibit A attached hereto for one or more of the purposes set forth herein. Section 3: That it is necessary, desirable and in the best interest of the Village to acquire fee simple title to the Subject Property as legally described and generally depicted in Exhibit A either by a voluntary purchase and sale through negotiations with the Owner, if possible, or by condemnation if the Subject Property cannot be acquired voluntarily consistent with the appraised value of the Subject Property obtained by the Village. Section 4: That the Village Manager, his staff, and the Village Attorneys be, and hereby are authorized to take the necessary steps to acquire the Subject Property legally described and generally depicted in Exhibit A by negotiation at a price consent it is necessary, desirable and in the best interest of the Village that fee simple title to the Property as described in Exhibit A attached hereto be acquired by negotiation if possible, or by condemnation if the Property cannot be acquired voluntarily at the full appraised value in the Updated Appraisal, by the Corporate Authorities of the Village for perpetual public ownership and use by the Village as set forth herein. Section 5: If any section, paragraph, or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph, or provision shall not affect the validity of any of the remaining provisions of this Ordinance. Section 6: All ordinances, resolutions, motions, or orders in conflict herewith shall be, and the same hereby are, repealed to the extent of such conflict, and this Ordinance shall be in full force and effect upon its passage and approval as provided by law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 8th day of April 2025 APPROVED this 8th day of April 2025 APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Loretta M. Murphy, Village Clerk EXHIBIT "A" Legal Description THAT PART OF OLD HIGGINS ROAD (MIDWAY COURT) DEDICATED TO ELK GROVE VILLAGE PER TIMOTHY A. BUSSE'S SUBDIVISION, IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 15, 1985 AS DOCUMENT , BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 1 IN SAID SUBDIVISION; THENCE SOUTH 00 DEGREES 44 MINUTES 27 SECONDS EAST, ALONG THE EASTERLY LINE OF THE SAID DEDICATED LANDS, 50.08 FEET TO THE SOUTHEAST CORNER THEREOF, SAID CORNER BEING ON THE CENTERLINE OF HIGGINS ROAD (MIDWAY COURT) AS ORIGINALLY LAID OUT; THENCE NORTH 41 DEGREES 57 MINUTES 54 SECONDS WEST, ALONG THE SOUTHWESTERLY LINE OF SAID DEDICATED LANDS AND SAID CENTERLINE, 470.95 FEET TO THE SOUTHWESTERLY CORNER OF SAID DEDICATED LANDS; THENCE NORTH 00 DEGREES 44 MINUTES 27 SECONDS WEST, ALONG THE WESTERLY LINE OF SAID DEDICATED LANDS, 50.08 FEET TO THE NORTHWESTERLY CORNER THEREOF; THENCE SOUTH 41 DEGREES 57 MINUTES 54 SECONDS EAST, ALONG THE NORTHEASTERLY CORNER OF SAID DEDICATED LANDS, 470.95 FEET TO SAID POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. 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