HomeMy WebLinkAboutRESOLUTION - 47-09 - 9/8/2009 - CLASS 6B/1655 BUSSE ROADRESOLUTION NO. 47-09
A RESOLUTION RESCINDING RESOLUTION NO. 35-09 AND DETERMINING THE
APPROPRIATENESS FOR CLASS 6B STATUS PURSUANT TO THE COOK COUNTY
REAL PROPERTY CLASSIFICATION ORDINANCE AS AMENDED FEBRUARY 15,
2006 FOR CERTAIN REAL ESTATE LOCATED AT 1655 BUSSE ROAD, ELK GROVE
VILLAGE, ILLINOIS
WHEREAS, the Village of Elk Grove Village desires to promote the development of
industry in the Village of Elk Grove; and
WHEREAS, the Cook County Assessor is operating under an ordinance enacted by the
Cook County Board of Commissioners, and amended from time to time, the most recent
amendment becoming effective as of February 15, 2006, which has instituted a program to
encourage industrial and commercial development in Cook County known as the Cook County
Real Property Classification Ordinance; and
WHEREAS, in the case of abandoned property, if the municipality or the Mayor and
Board of Trustees, finds that special circumstances justify finding that the property is
"abandoned" for purpose of Class 6B, even though it has been vacant and unused for less than
24 months, that finding, along with the specification of the circumstances, shall be included in
the resolution or ordinance supporting and consenting to the Class 6B application. Such
resolution or ordinance shall be filed with the eligibility application. If the ordinance or
resolution is that of a municipality, the approval of the Board of Commissioners of Cook
County is required to validate such shortened period of qualifying abandonment, and a
resolution to that effect shall be included with the Class 6B eligibility application filed with
the Assessor; and
WHEREAS, the Petitioner has applied for or is applying for Class 6B property status
pursuant to said aforementioned ordinance, for certain real estate located at 1655 Busse Road,
in the Village of Elk Grove Village, Cook County, Illinois, with the Property Index Number
08-35-104-072-0000, has proven to this Board that such incentive provided for in said
ordinance is necessary for development to occur on this specific real estate.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the
Village of Elk Grove Village, Counties of Cook and DuPage, Illinois:
Section 1: That the request of the Petitioner to have certain real estate located at 1655
Busse Road, Elk Grove Village, Cook County, Illinois, legally described as follows, and with
the Property Index Number 08-35-104-072-0000 declared eligible for Class 613 status pursuant
to the Cook County Real Property Classification Ordinance as amended February 15, 2006, is
hereby granted in that this Board and the Village of Elk Grove Village, Illinois, has determined
that the incentive provided by the said Class 6B Tax.Incentive Ordinance is necessary for the
said development to occur on the subject property:
Lot 1 in Gullo/Lunt and 83 Resubdivision, being a Resubdivision in Section 35,
Township 41 North, Range 11, east of the third principal meridian, according to the
plat thereof recorded November 16, 1988 as document number 88529853, in Cook
County, Illinois.
Section 2: That the Special Circumstances as outlined by the petitioner are attached
hereto as Exhibit "A" and made a part thereof.
Section 3: That the Village of Elk Grove Village, Illinois hereby supports and consents
to the Class 613 Application and approves the classification of the subject property as Class 613
property pursuant to the Cook County Real Property Classification Ordinance and the Class
613 tax incentives shall apply to the property identified as Permanent Real Estate Index
Number 08-35-104-072-0000.
Section 4: That the Mayor and Village Clerk are hereby authorized to sign any necessary
documents to implement this Resolution.
Section 5: That this Resolution shall be in full force and effect from and after its passage
and approval according to law.
VOTE: AYES: 6 NAYS: 0 ABSENT: 0
PASSED this 8th day of September 2009.
APPROVED this 8th day of September 2009
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Ann I. Walsh, Village Clerk
Res6bTax 1655Bussespecial
Law Office of
Dennis M. Nolan, P.C.
Marsha L. Peters - Paralegal
Stefanie V. Herrings - Legal Assistant
Exhibit "A"
August 18, 2009
Downtown Bartlett
221 Railroad Avenue
Bartlett, Illinois 60103
Telephone 630.213.7700
Facsimile 630.213.7735
lowdnolon@sbcglobal.net
Re: Request for Revised Class 613 Resolution -1655 Busse Road, Elk Grove Village, >Z
Class 6B Property Tax Incentive — Special Circumstances
The property at 1655 Busse Road, Elk Grove Village, IL (P.I.N. 08-35-104-072-0000)
has been vacant and unoccupied since June 2007. EXW Chicago, LLC requests that the
following special circumstances be considered: although the property has not been
vacant for twenty-four (24) months under one (1) ownership, the fact remains that the
property has been vacant for twenty-six (26) consecutive months (since June 2007); the.
property has not been leased due to the Cook County real estate tax burden; the property
is currently under lease negotiations, subject to approval of Class 613 which will allow the
parties to reach agreement on lease terms (prospective tenants will not negotiate a market
lease on the property unless the real estate taxes are minimized through Class 6B property
tax incentive); the industrial buildingtrental market in Cook County is diminished and
special circumstances finding that the property as abandoned is appropriate under current
factual and market conditions; if the property is leased, the real estate will be returned to
the real estate tax rolls which will create additional revenue for all taking districts,
including the Village of Elk Grove.