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HomeMy WebLinkAboutORDINANCE - 3908 - 8/12/2025 - 100 BUSSE/ELMHURST REDEVELOPMENT PROJECT AREA ACQUISITION (BEST WESTERN PARCEL)ORDINANCE NO.3908 AN ORDINANCE OF THE VILLAGE OF ELK GROVE VILLAGE, ILLINOIS PROVIDING FOR THE ABANDONMENT OF THE ACQUISITION 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, on April 8, 2025 the Village adopted Ordinance No. 3892 authorizing the fee simple acquisition through negotiation or condemnation of certain real estate consisting of 0.357 acres as legally described and depicted in Exhibit A attached hereto and incorporated herein (the "Subject Property") which consists of a previously vacated right-of-way and which is part of the overall 2.532-acre property located at 100 Busse Road, Elk Grove Village, Illinois 60007 and improved with a Best Western Hotel (the "Overall Best Western Property"), for those purposes set forth in Ordinance No. 3892; and WHEREAS, pursuant to Ordinance No. 3892, on April 9, 2025 the Village sent an offer letter to the owner of the Subject Property, SNP3 Inc., an Illinois corporation ("Owner"), offering to purchase the Subject Property at the full appraised value obtained by the Village; and WHEREAS, after adoption of Ordinance No. 3892 and the Village's April 9, 2025 offer letter was sent to the Owner, Commonwealth Edison advised the Village that it had signed a purchase contract with the Owner for the purchase of the Overall Best Western Property and the Village has now learned that Commonwealth Edison closed on the purchase of the Overall Best Western Property on June 27, 2025; and 1 WHEREAS, in light of Commonwealth Edison's purchase of the Overall Best Western Property, the Village has determined that at this time it is in the best interest of the Village to abandon the acquisition of the Subject Property previously authorized under Ordinance No. 3892; and WHEREAS, the abandonment of the Subject Property as granted by this Ordinance shall not constitute a finding that the Village did not need the Subject Property for a valid public purpose and for those purposes set forth in Ordinance No. 3892. 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 and desirable at this time to eliminate the Subject Property from acquisition by the Village as previously authorized under Ordinance No. 3892. Section 3: That the Village Manager and his staff are authorized to take whatever further steps are necessary, if any, to formally eliminate the Subject Property from acquisition at this time by the Village. Section 4: 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 5: 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 12th day of August, 2025. APPROVED this 12th day of August, 2025. ATTEST: Jennifer S. Mahon, Village Clerk APPROVED: Mayor Cram B. Johnson Village of Elk Grove Village N 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. _ 11a3J�jaH M'[�17YAOHISd OA�i. 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