HomeMy WebLinkAboutORDINANCE - 3610 - 5/14/2019 - Acquisition through Condemnation, 1700 Oakton StreetORDINANCE NO.3610
AN ORDINANCE OF THE VILLAGE OF ELK GROVE VILLAGE, ILLINOIS
AUTHORIZING THE ACQUISITION THROUGH CONDEMNATION OF CERTAIN
PROPERTY LOCATED AT 1700 OAKTON STREET WITHIN THE BUSSE/ELMHURST
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, after providing all
notices and conducting a public hearing as required by the Act, the Village adopted Ordinance No.
3372 designating the Busse/Elmhurst Redevelopment Project Area ("Redevelopment Project Area");
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 Redevelopment Plan and Project ("Plan"); and
WHEREAS, the Redevelopment 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; 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 eminent domain, 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 certain real estate located within the Village of Elk Grove
Busse/Elmhurst Redevelopment Project Area, which has been found to have blighting conditions,
which impede the redevelopment of the Property and surrounding properties; and
WHEREAS, the Corporate Authorities have determined that the real property described in the
attached Exhibit A ("Property") should be acquired to fulfill the goals and purposes of the
Redevelopment Plan for the Village of Elk Grove Busse/Elmhurst Project Area; and
WHEREAS, the Village of Elk Grove has obtained a title search identifying the record title
holder of the Property to be: Oakton Corner, Inc., an Illinois corporation ("Owner"); and
WHEREAS, the Corporate Authorities have offered to purchase said property at a price which
is based on information obtained from the Corporate Authorities' consultants regarding the fair cash
market value of the property, however, the Corporate Authorities have been unable to agree with the
owner of the property concerning just compensation and negotiations have reached an impasse as
defined by Illinois case law; and
WHEREAS, the Village desires to adopt this ordinance authorizing the acquisition of the
Property through use of the Village's power of condemnation by filing a suit in the Circuit Court of
Cook County, if the Property cannot be acquired through negotiation.
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 that the real estate described in Exhibit A attached
hereto be acquired in fee simple by the Village of Elk Grove by eminent domain as authorized in 65
ILCS 5/11-74.4-4.
Section 3: That the Corporate Authorities have reviewed the history of negotiations and
hereby finds that negotiations with the owners have reached an impasse as defined by the law.
Section 4: That it is necessary and desirable that fee simple title to the real estate described in
Exhibit A attached hereto, be acquired by condemnation by the Corporate Authorities for one or more
of the purposes set forth in the Plan.
Section 5: That the Village Manager, his staff, and the Village Attorneys be, and hereby are,
authorized to take the necessary steps by condemnation to acquire title to the real estate described in
Exhibit A attached hereto.
Section 6: 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 any of the remaining provisions of this Ordinance.
Section 7: 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.
PASSED AND APPROVED by the Mayor and Board of Trustees of the Village of Elk Grove
Village, Illinois, this 14th day of May, 2019.
VOTE: AYES:6 NAYS:0 ABSENT:0
PASSED this 14th day of May 2019.
APPROVED this 14' day of May 2019.
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Loretta M. Murphy, Village Clerk
Exhibit A
Legal Description
1700-1706 Oakton Street
Elk Grove Village
THE SOUTH 275.000 FEET, (AS MEASURED ALONG THE WEST LINE OF BUSSE ROAD) OF
THE EAST 200.00 FEET, (AS MEASURED ALONG THE SOUTH LINE OF THE SOUTHEAST
1/4) OF THAT PART OF THE SOUTHEAST 1/4 OF SECTION 22, TOWNSHIP 41 NORTH,
RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WEST OF THE WEST LINE
OF THE BUSSE ROAD, AS PER THE INSTRUMENT RECORDED FEBRUARY 8, 1939 AS
DOCUMENT 12269603, EXCEPTING FROM THE AFORESAID TRACT THAT PART TAKEN
FOR OAKTON STREET RECORDED MARCH 27, 1928 AS DOCUMENT 9967968 AND ALSO
EXCEPT THAT PART FOR ADDITIONAL DEDICATION FOR OAKTON STREET IN THE
CIRCUIT COURT OF COOK COUNTY, ILLINOIS PER CASE 68113091, IN COOK COUNTY,
ILLINOIS.
PIN: 08-22-403-010-0000
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