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Home My WebLink AboutORDINANCE - 3655 - 4/14/2020 - Condemnation of Property Located at 1700-1706 Oakton Street within the Busse/Elmhurst RedevelopmentORDINANCE NO.3655 AN ORDINANCE OF THE VILLAGE OF ELK GROVE VILLAGE, ILLINOIS AUTHORIZING THE ACQUISITION THROUGH NEGOTIATION OR CONDEMNATION OF CERTAIN PROPERTY LOCATED AT 1700-1706 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, the Village, after providing all notices and conducting a public hearing as required by the Act, 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 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 which adopted the Busse/Elmhurst Redevelopment Plan and Project (the "Redevelopment Plan"); and WHEREAS, the Redevelopment Plan included an eligibility study which concluded there were blighting factors in the Redevelopment Project Area qualifying it as a "conservation area" as defined in the Act, and the Redevelopment Plan called for the Village to eliminate these conditions of blight and to stimulate private investment in the Redevelopment Project Area by using various means, including eminent domain, if needed, as authorized by the Act; and WHEREAS, pursuant to Section 11-74.4-4(c) of the Act, the Village has express authority to acquire by purchase or eminent domain real property that the Village deems to be reasonably necessary to achieve the objectives of the Redevelopment Plan; 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 at 1700-1706 Oakton Street as legally described in Exhibit A attached hereto and incorporated herein (the "Property") within the Redevelopment Project Area, which has been found to have blighting conditions which impede redevelopment of the Property and surrounding properties; and WHEREAS, on May 14, 2019, the Village Board of Trustees approved Ordinance No. 3610 by which the Village authorized the acquisition of the Property by eminent domain for one or more of the purposes set forth in the Redevelopment Plan; and WHEREAS, after adoption of Ordinance No. 3610 the Village attempted to negotiate for the acquisition of the Property with the owner of record, and notwithstanding the fact that to this point in time negotiations have been unsuccessful, the Village has refrained from filing a complaint to commence eminent domain proceedings to acquire the Property in order to complete a further and more comprehensive evaluation of the necessity of acquiring the Property in furtherance of the Redevelopment Plan; and WHEREAS, based upon the further and more comprehensive evaluation, the Village has now determined that the Property is necessary and should be acquired for purposes of perpetual public ownership by the Village to be developed for an entry feature, including landscaping, utility connections, Village signage, stormwater storage for public right-of-way and for such other public ownership purposes in furtherance of the Redevelopment Plan; and WHEREAS, the Village has obtained a title search identifying the record title holder of the Property to be: Oakton Corner Inc., an Illinois corporation ("Owner"); and WHEREAS, all previous negotiations with the Owner have been predicated upon appraisal evaluations prepared for the Village as of early 2019, and approximately one year has passed since the date of the appraisal that formed the basis of the Village's prior good faith offers to purchase the Property; and WHEREAS, in order to assure that the Village has complied with the statutory requirement to complete good faith negotiations to acquire the Property, the Village has obtained an updated appraisal report opining as to the current fair cash market value of the Property as of April 1, 2020 (the "Updated Appraisal"); and WHEREAS, the Village desires to adopt this Ordinance authorizing acquisition of the Property through either negotiation if the voluntary purchase and sale can be completed within the value appraised in the Updated Appraisal, and if unsuccessful, by use of the Village's power of condemnation by filing a suit in the Circuit Court of Cook County, Illinois, if the Property cannot be voluntarily 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 and in the best interest of the Village to acquire the Property as described in Exhibit A attached hereto in fee simple by negotiation or by eminent domain as authorized in 65 ILCS 5/11-74.4-4. Section 3: That the Corporate Authorities of the Village have reviewed the history of negotiations and hereby find that prior negotiations with the Owner of the Property had reached an impasse as defined under Illinois law, but due to the passage of time an additional offer to purchase shall be made to the Owner in the full amount of the Village's Updated Appraisal. Section 4: That 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: That the Village Manager, his staff, and the Village Attorneys be, and hereby are authorized to take the necessary steps by negotiation as set forth herein if possible, or by condemnation if necessary, to acquire fee simple title to the Property as 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 the validity of any of the remaining provisions of this Ordinance. Section 7: All ordinances, including but not limited to Ordinance No. 3610, 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 141h day of April, 2020. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 14th day of April, 2020. APPROVED this 14th day of April, 2020. 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 68113 09 1, IN COOK COUNTY, ILLINOIS. I' I�-�i(II:�►.%ai17C�lI[Ia1ZIZ1I1]