HomeMy WebLinkAboutORDINANCE - 3611 - 5/14/2019 - Acquisition through Condemnation, 1601 Oakton StreetORDINANCE NO.3611
AN ORDINANCE OF THE VILLAGE OF ELK GROVE VILLAGE, ILLINOIS
AUTHORIZING THE ACQUISITION THROUGH CONDEMNATION OF CERTAIN
PROPERTY LOCATED AT 1601 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: G6 Hospitality Property, a Delaware limited liability company
("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 141" day of May, 2019.
VOTE: AYES:6 NAYS:0 ABSENT:0
PASSED this 14t6 day of May 2019.
APPROVED this 14t6 day of May 2019.
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Loretta M. Murphy, Village Clerk
EXHIBIT A
Legal Description
PARCEL 1:
LOT 1 IN SIXPENCE INN SUBDIVISION UNIT 2 BEING A RESUBDIVISION OF LOT 162 IN HIGGINS
INDUSTRIAL PARK UNIT 112, AND OF LOTS 1 AND 2 IN SIXPENCE INN SUBDIVISION, BEING A
RESUBDIVISION OF LOT 161 IN SAID HIGGINS INDUSTRIAL PARK UNIT 112, BEING A SUBDIVISION IN
THE NORTHEAST 1/4 OF SECTION 27, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD
PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
SAID PROPERTY IS ALSO DESCRIBED AS: SITUATED IN THE VILLAGE OF ELK GROVE, COUNTY OF
COOK, STATE OF ILLINOIS, PART OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 41
NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTHERLY LINE OF OAKTON STREET AND THE
WESTERLY LINE OF BUSSE ROAD;
THENCE, SOUTH 89 DEGREES 58 MINUTES 19 SECONDS WEST, ALONG THE SOUTHERLY LINE OF
OAKTON STREET, A DISTANCE OF 64.85 FEET TO THE POINT OF BEGINNING;
THENCE, SOUTH 00 DEGREES 13 MINUTES 37 SECONDS WEST, A DISTANCE OF 57.05 FEET;
THENCE, SOUTH 89 DEGREES 59 MINUTES 36 SECONDS WEST, A DISTANCE OF 96.93 FEET;
THENCE, SOUTH 00 DEGREES 09 MINUTES 45 SECONDS WEST, A DISTANCE OF 228.27 FEET;
THENCE, SOUTH 89 DEGREES 50 MINUTES 15 SECONDS WEST, A DISTANCE OF 102.98 FEET;
THENCE, SOUTH 00 DEGREES 09 MINUTES 45 SECONDS WEST, A DISTANCE OF 320.01 FEET;
THENCE, SOUTH 89 DEGREES 51 MINUTES 45 SECONDS WEST, A DISTANCE OF 168.09 FEET;
THENCE, NORTH 00 DEGREES 09 MINUTES 45 SECONDS EAST, A DISTANCE OF 624.66 FEET TO
THE SAID SOUTHERLY LINE OF OAKTON ROAD; THEREIN;
THENCE, ALONG SAID SOUTHERLY LINE, NORTH 89 DEGREES 58 MINUTES 20 SECONDS EAST, A
DISTANCE OF 12.94 FEET TO AN ANGLE POINT THEREIN;
THENCE, CONTINUING ALONG SAID SOUTHERLY LINE, SOUTH 86 DEGREES 10 MINUTES 38
SECONDS EAST, A DISTANCE OF 300.74 FEET TO AN ANGLE POINT THEREIN;
THENCE, NORTH 89 DEGREES 58 MINUTES 19 SECONDS EAST, ALONG SAID SOUTHERLY LINE, A
DISTANCE OF 55.00 FEET TO THE POINT OF BEGINNING.
PARCEL 2:
EASEMENT FOR INGRESS AND EGRESS TO BUSSE ROAD FOR THE BENEFIT OF PARCEL 1
RECORDED OCTOBER 19, 1994 AS DOCUMENT 94895028 AND AS AMENDED BY AGREEMENT
RECORDED AS DOCUMENT 95661359.
PIN: 08-27-201-009