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HomeMy WebLinkAboutOrd 5011 04/06/1999 ORDINANCE NO. 5011 AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREED FINAL JUDGMENT ORDER FOR PROPERTY AT 3 WEST CENTRAL ROAD Passed and approved by the President and Board of Trustees the 6th day of April, 1999 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 7th day of April, 1999. VWL 4/1/99 ORDINANCE NO. 5011 AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREED FINAL JUDGMENT ORDER FOR PROPERTY AT 3 WEST CENTRAL ROAD WHEREAS, the Village of Mount Prospect, a home rule unit, pursuant to the authority of Article VII, Section 6 of the 1970 Constitution of the State of Illinois, is authorized to legislate with respect to matters pertaining to its government and affairs; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have heretofore by Ordinance No. 4949 determined and declared that the acquisition of the property hereinafter described is necessary and in the public interest and is a matter pertaining to its government and affairs; and WHEREAS, pursuant to its home rule authority as provided in Article VII, Section 6 of the 1970 Constitution of the State of Illinois~ the President and Board of Trustees of the Village of Mount Prospect have determined and declared it is necessary and in the public interest to acquire for redevelopment the property hereinafter described; and WHEREAS, the Village of Mount Prospect is authorized to acquire property, real or personal, by pumhase, donation, lease or eminent domain for the purposes of redevelopment pursuant to the provisions of the Tax Increment Allocation Redevelopment Act, Chapter 65, Act 5, Section 11-74.4-4(c) of the Illinois Municipal Code as set forth in the illinois Compiled Statutes; and WHEREAS, the Village filed an eminent domain proceeding in the Circuit Court of Cook County entitled Village of Mount ProsDect v. Lakeview Trust & Savings Bank a/t/u Trust No. 3660, Case No. 99 L 50134 to acquire the property hereinafter described; and WHEREAS, the Village has negotiated the terms and provisions of an Agreed Final Judgment Order in said proceeding; and WHEREAS, President and Board of Trustees of the Village of Mount Prospect have determined and declared that the approval and execution of the Agreed Final Judgment Order and hereinafter described are necessary, for redevelopment purposes are useful, advantageous and desirable for the public welfare; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have determined and declared that the approval and execution of the Agreed Final Judgment Order hereinafter described are necessary and appropriate for the implementation of the Downtown Redevelopment Plan. age 2 of 3 3 W. Central Rd. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That it is hereby determined that the following described real property as shown in Exhibit "A" is necessary and appropriate for the implementation of the Downtown Redevelopment Plan of the Village of Mount Prospect. SECTION TWO: That pursuant to its home rule power and authority, the President and Board of Trustees of the Village of Mount Prospect hereby determines that it is necessary and desirable that the Village of Mount Prospect approve and execute the Agreed Final Judgment Order attached as Exhibit "B". SECTION THREE: That the Village President and Village Clerk be and are hereby authorized to execute the Agreed Final Judgment Order as attached hereto. SECTION FOUR: That the Village Manager, Village Attorney, and the firm of Burke and Ryan, Special Attorneys of the Village of Mount Prospect, be and are hereby authorized, empowered and directed to take the necessary actions to implement their terms and provisions for and on behalf of the Village of Mount Prospect. SECTION FIVE: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: Corcoran, Hoefert, Lohrstorfer, Nocchi, Wilks NAYS: C1 owes ABSENT: None PASSED and APPROVED this 6th day of Apri 1 ,1999. Village President ATTEST: Velma W.ZLowe Village Clerk Page 3 of 3 3 W. Central Rd. EXHIBIT A LEGAL DESCRIPTION: 3 WEST CENTRAL ROAD (MCLEAN MEDICAL OFFICES) LOT 1 IN THE MCLEAN SUBDIVISION IN MOUNT PROSPECT BEING A RESUBDIVISlON IN THE WEST % OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, AS SHOWN ON THE PLAT FILED OCTOBER 20, 1975 AS DOCUMENT LR2835833, IN COOK COUNTY, ILLINOIS Permanent Index Number: 08-123-102-043 H:\G EN~files'~WIN~ORDINANC~Agree Fin Jdgmt.3 W. Central.doc IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, LAW DIVISION VILLAGE OF MOUNT PROSPECT, ) a municipal corporation,. ) ) Plaintiff, ) vs. ) Case No.99 L 50134 ) Full Take LAKEVIEW TRUST AND SAVINGS BANK, as ) Trustee under Trust Agreement dated October 21, ) 1974 and known as Trust No. 3660, et al. ) ) Defendants. ) AGREED FINAL JUDGMENT ORDER THIS CAUSE COMING TO BE HEARD upon the Complaint to Condemn filed by the Plaintiff, VILLAGE OF MOUNT PROSPECT, a municipal corporation, for the ascertainment of' just compensation to be paid by the Plaintiff.for fee simple title to the property legally described on Exhibit A attached hereto (hereinafter referred to as the "Subject Property"); And the Plaintiff, VII,LAGE OF MOUNT PROSPECT (hereinafter referred to as "Village"), appearing by its attorneys, BURKE AND RYAN, and Defendants, LAKEVIEW TRUST AND SAVINGS BANK, as Trustee under Trust Agreement dated October 21, 1974 and known as Trust No. 3660, ALLEN D. MCLEAN and NORTHWEST PLASTIC SURGEONS, P. C. appearing by their attorneys, TINKOFF, POPKO and ASSOCIATES, and it appearing to the Court that all parties defendant herein have been served with process in the manner and form provided by statute; And the Court having jurisdiction of all the parties to this lawsuit and the subject matter thereof, the Village and the Defendant having reached agreement as set forth herein, the parties having waived a trial by jury, and the Court being fully advised as to the agreed upon just compensation to be paid by the Village, and the Court being fully advised in the premises; THE COURT FINDS THE JUST COMPENSATION, based on the agreement of the parties and other consideration and agreements as more fully set forth herein, to be paid by the Village to the owners and party or parties interested in the Subject Property which Village seeks to acquire as set forth in its Complaint to Condemn and hereinafter described to be the sum of FOUR HUNDRED NINETY NINE THOUSAND FIVE HUNDRED DOLLARS ($499,500.00) for fee simple title to and ail other interests in the Subject Property; WHEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the just compensation to be paid by the Village to the owners and party or parties interested in the Subject Property with the other consideration and agreements set forth herein.be and is full and finai satisfaction of ail takings, damages, costs and claims of the Defendant arising out of or resulting from the Village's Complaint to Condemn, acquisition, and use of the Subject Propemy and judgment is entered accordingly; IT IS THEREFORE ORDERED AND ADJUDGED by the Court, upon the agreement of the parties, that on or before April 8, 1999 the Village shall deposit with the Treasurer of Cook County, Illinois the sum of FOUR HUNDRED NINETY NINE THOUSAND FIVE HUNDRED DOLLARS ($499,500.00) (the "Deposit") for the benefit of the owners and party or parties in interest in the Subject Property; IT IS FURTHER ORDERED AND ADJUDGED that upon the Deposit with the Treasurer of Cook County Village shall be thereby vested with the fee simple title to the Subject Property; IT IS FURTHER ORDERED AND ADJUDGED that upon the said Deposit with the Treasurer of Cook County the Defendant shall be entitled to present the Court with a petition to withdraw from the Treasurer of Cook County the Deposit; IT IS FURII-tEK ORDERED AND ADJUDGED, by agreement of the parties and as other consideration for the taking of the Subject Property, as follows: 2 1. The Defendant shall tender or cause to be tendered full and complete possession of the Subject Property to the Village on or before, but in all events no later than, December 31, 1999 and shall provide written notice to the Village evidencing such tender of possession; The Defendant shall be entitled to retain any rental payments made under existing leases through said December 31, 1999 date; 3. The Defendant shall cause notice to be sent in timely manner to all tenants or other parties in possession of the Subject Property so as to tender full and complete possession to the Village on or before, but in all events no later than, December 31, 1999; 4. The Defendant will remain and shall be responsible for payment of all utilities, contracts, security deposits and any other amounts of any nature whatsoever due and owing for the Subject Property up to the date Defendant tenders possession of the Subject Property, except for real estate taxes due and owing after the date of filing of the Complaint to Condemn; 5. The Defendant agrees that it shall be responsible for the payment of any leasehold tax, if any, assessed for the use or occupancy of all or any portion of the Subject Property. IT IS FURTHER ORDERED AND ADJUDGED that this Court, by agreement of the parties, shall have and retain jurisdiction of the above entitled cause to enforce all the terms, provisions and conditions of this Agreed Judgment Order and for the purpose of awarding Village writ or writs of assistance with regard to the Subject Property to which Village has acquired fee simple title as aforesaid, and that Village shall not be limited to remedy at law, but may seek specific performance of the terms, provisions and conditions of this Agreed Judgment Order; IT IS FURTI~R ORDERED AND ADJUDGED, by agreement of the parties, that the parties waive their rights of appeal in this cause and Defendant waive their right to costs and interest on the award; 3 THE COURT FINDS that there is no just reason for delaying the enforcement of this Agreed Judgment Order. DATED: ENTERED: JUDGE AGREED AND STIPULATED AS TO FORM AND CONTENT: PLAINTIFF DEFENDANT VILLAGE OF MOUNT PROSPECT LAKEVIEW TRUST AND SAVINGS BANK, as Trustee under Trust Agreement dated October 21, 1974 and known as Trust No. 3660 ALLEN D. MCLEAN BURKE AND RYAN, Its Attorneys NORTHWEST PLASITC SURGEONS, P.C. Tinkoff, Popko and Associates, Their Attorneys Burke and Ryan, Atty. # 70154 33 North Dearborn, Suite 402 Chicago, Illinois 60602 312-236-1386 4 EXHIBIT A LOT 1 IN THE MCLEAN SUBDIVISION IN MOUNT PROSPECT BEING A RESUBDIVISION IN THE WEST l/z OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MEPJDIAN, AS SHO'~VN ON THE PLAT FILED OCTOBER 20,-1975 AS DOCUMENT LR2835833, IN COOK COUNTY, ILLINOIS Permanent Index N~u'nber 08423-102-045