HomeMy WebLinkAboutOrd 5036 07/20/1999 ORDINANCE NO. 5036
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN
AGREED FINAL JUDGMENT ORDER FOR PROPERTY AT
117 SOUTH MAIN STREET
Passed and approved by
the President and Board of Trustees
the 20th day of July, 1999
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois, the
21st day of July, 1999
VWL
7/14/99
7/15/99
ORDINANCE NO. 5036
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION
OF AN AGREED FINAL JUDGMENT ORDER FOR PROPERTY AT
117 SOUTH MAIN STREET
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. 4953 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
purchase, 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 Prosoect v. Vivian C. English. Gerald R. English. and Unknown
Owners. Case No. 98 L 50811 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
117 S. Main Street
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: Hoefert, Lohrstorfer, Nocchi, Skowron, Wilks
NAYS: None
ABSENT: Farley
PASSED and APPROVED this 20 th day of July ,1999.
ATTEST:
Village Clerk
H:~GEN~fileS\W[~O RDINANC~Ag reeFIn Jdgmt,l 17 S.MainSt,doc
87/16/1999 13:34 //'""~236255G BURKE AND RYAN ~ PAGE 86
]EXHIB IT A
LOT 10 EXCR~TIN~ THAT PART OF THE ~AST 26 1/2 FEET LYIN~ S0b~ii'~ OF T~E NORTH 70
FEET ~E~OF, ~ EXC~PT ~T P~T LYING ~ST OF ~E ~T 26 1/2 FEET ~
OF ~E NO~ ~4 FEET ~E~OF IN B~C~ 1~ IN, BUSS~ ~ W~LL~'S P~S~DIVISION tN .,.~
~ ~ROSP~ iN ~E ~ST 1/2 OF SECTIO~ 1~, TO~$~IP %1 ~ORT~ P~GE 11 ~T OF
T~E ~I~ PRINCIP~RiD~, IN C~K CO~, ILLINOIS
P~CEL 2:
BUSSE ~ WI~E'S ~S~DIVISION IN ~O~ PROSPECT, IN ~E %~ST 1/2 OF SECTION 12,
TO.SHIP 41 NOR~, ~GE 11 ~T OF ~E ~I~ PRINCIP~ ~RIDI~N, IN C~K CO~,
ILLINOIS
~SO
A STRIP OF ~ 8 1/2'FE~T IN WID~ OFF THE ~ST =~ OF ~E NO~ 23 F~T OF
9 IN B~CK 1~ IN RUSSE ~ WILLE'S ~S~DIVISION ~O~S~D IN C~K CO~,
ILLINOIS
P~C~L 3:
T~E NOR~ 30 FEET OF ~YS 9 ~ 10 ~ ~E $O~ 12 FEET OP ~KE NOR~ %2 FE~T 0F
~TS 9 ~ 10 IN B~CK 1~ 0F }~. PROSPECT, A S~DIVISION IN ~KE ~ST 1/~ O~
NOR~ST 1/~ OP SECTION 12, TO~SHIP 41 ~OR~ ~G~ 11 ~T 0F
PRINCIP~ }~RID~ IN COOK CO~, ILLINOIS
P~CEL 4:
THE N 42 FE~ OF T~E W 22 FEET OF ~ 8 ~N BLK ~ IN ~O~ PR0~ECT
OF P~T OF ~ N W 1/~ ~OR~ 0F P~ILRO~ IN ~HE N E 1/4 OF SECTION 12, TO~S~IP
41 NOR~, ~GE ~ ~T 0~E ~HIP~ PR!NCIP~ ~RIDI~, IN CQD}~ C0~,
ILLINOIS.
VIVIAN C, BNGLISH
GERALD R, ENGLISH
UNKNOWN OWNERS
07/16/1~09 13:34 /72362§§6_ BURKE AND RYAN
PAGE 03
IN THE CIRCUIT COURT OF COOK 'COUNTY, ILLINOIS
COUNTY DEPARTMENT, LAW DIVISION
VILLAGE OF MOUNT PROSPECT, )
a municipal corporation, )
)
Plaintiff, )
vs. ) Case No, 98 L $0511
) Full Take
VIVIAN C. ENGLISH, GERALD R. ENGLISH, )
And UNKNOWN OWNERS )
)
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, VILLAGE OF MOUNT PROSPECT (hereina/'ter referred to as
"Village"), appearing by its attorneys, BURKJE AND RYAN, and Defendants, V'IVIAN C.
ENGLISH and GERALD R. ENGLISH, appearing by their attorneys, JAMES T. MURRAY,
and it appearing to the Court that all parties defendant herein have been served with proooss in the
manner and form provided by statute;
And the Court having jurisdiction of all the parties to tbJs 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 berg 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 un the agreement of the
parties and other consideration and agreements as more fully set forth herein, to be paid by the
FO~IIB IT B
07/i6/isgs 13:34 ,~2362556 BURKE AND RYAN ~ PAGE 04
Village to the owners and pa~y or parties interested in the Subject Property which Village seeks
to acquire as set forth in its Complaint to Condemn and hereina.~er described to be the sum of
TWO HUND]g~D FIFTY THOUSAND FIVE HUNDRED DOLLARS ($250,000..00) for fee
simple title to and all other interests in the Subject Property;
WHEKEFORE, 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 final
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 thc Subject Property and
judgment is entered accordingly; ~
IT IS THEREFORE ORDERED AND ADIUDGED by the Court, upon the agreement of
the parties, that within ten (10) days of the entry of this Agreed Judgment Order the Village shall
deposit with the Treasurer of Cook County, Illinois the sum of TWO HUNDRED FIFTY
THOUSAND DOLLARS ($250,000.00) (the "Deposit") for the benefit of the owners and party
or parties in interest in the Subject Property;
IT IS FURTHER ORDERED AND ADIU-DGED 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 AD]UDGED 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 fi.om the Treasurer of Cook County the Deposit;
IT IS FURTHER ORDERED AND ADIUDOED that this Court, by agreement of thc
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,
2
7/16/1999 13:34 /'~-~-2362556 BURKE AND RYAN ~, PAGE 85
but may seek specific performance of the terms, provisions and conditions of this Agreed
~udgm~ut Order;
Fl' IS FURTHER ORDERED AND AD~'DOED, by agr~:m~t of thc parties, ~hat thu
parties waive their rights of appeal irt this cause and Defendant waive their fight to costs and
interest on the award;
THE COURT FINDS that there is no jugt reason for delaying the enforcement of this
Agreed tudgment Order.
DATEI~g~ 1~[~,~,~.~.i1 P, ~["" '
ENTERED:
JUl. 1 5 ~999
C, IltCtlit C01JR[ - ~-....l,,p .
JUDGE
AGIL~]~I) ANI~ STI~'ULATED AS TO lrORl~! AND CONTENT:
PLAINTI~gF D~FI~N.I)A_NT
Burke and R.van, Atty. # 70154
33 Not~Ja Dearborn, Suite 402
Chicago, Illinois 60602
312-236-1386
3
/'-"x PAGE
07/15/1999 13:3~, ~,122362556 BURKE AND RYAN
EXHIBIT ~
PAI~CEL 1 ~
LOT 10 EXCEPTZN~ THAT PART OF ~g ~T 26 1/2 PEET ~NG S0~g OF ~ NOR~ ~0
A STRIP OF ~ 8 1/2 F~ET IN ~ID~ OF~ ~E ~ST ~ OF ~ 6 0F ~CK 13
BUSSE ~ WILLE'S ~S~DIVISION IN ~O~ PROSPECT, IN ~E ~ST 1/~ OF SECTION 19,
TO~SHI~ 41 NOR~, ~GE 11 ~T OF ~E ~I~ PRINCIP~ 5~R!DIk~, IN C~K CO~,
ILLINOIS
9 IN B~CK 13 IN BUSSE ~ W~LLE'S ~S~DIV~S~ON ~O~SAID IN C~ CO~,
P~CEL 3:
THE NOR~ 30 FEET OF ~TS 9 ~ 10 ~ ~g SO~ 12 FEET OF ~HE NOR~ ~2 FE~T OF
~TS 9 ~ 10 IN B~CK 1S 0F l.~. PROSPECT~ A S~DIVISION I~ ~ME ~ST 1/2 OF
~OR~ST 1/~ OF SECTION 12, TOM. SHIP 41 ~OR~d ~G~ 11 ~T OF ~E
PRINCIP~ ~RIDI~ IN COOK CO~. ILLINOIS
P~CEL 4:
THE N 42 PEET OF THE W 22 FEET OF ~T 8 IN BLK 1~ IN EO~ PR0~?SCT S~DIVISION
OF P~T OF ~ N W 1/4 ~OR~ OF P&ILRO~ IN ~dE N E 1/4 OF SECT%0N 12, TO.SHIP
41 NOR~, ~E 11 ~T OF ~E ~HIF~ PRI~CIP~ ~RIDI~, IN CQQ}~ CO~,
ILLINOIS.
VIVIAN C, ENGLISH
GERALD R. ENGLISH
UNKNOWN OWNERS