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HomeMy WebLinkAboutOrd 4388 01/07/1992 ORDINANCE NO. 4388 AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY THROUGH CONDEMNATION OR OTHERWISE FOR THE TRIANGLE REDEVELOPMENT PROJECT PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES the 7th day of January , 1992 Published in Pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 13th day of January , 1992. ORDINANCE NO. 4388 AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY THROUGH CONDEMNATION OR OTHERWISE FOR THE TRIANGLE REDEVELOPMENT PROJECT. WHEREAS, the Board of Trustees of the Village of Mount Prospect, Cook County, Illinois has heretofore adopted Ordinance No. 4386 that approved the Triangle Development Project, and Ordinance No. 4387 designating the Triangle Redevelopment Project Area, both of which are incorporated herein in their entirety; and WHEREAS, the Board of Trustees of the Village of Mount Prospect has determined that the Triangle Redevelopment Project, which was the subject matter of a public hearing on December 17, 1991, is in the best interests of the residents of the Village of Mount Prospect and is a public purpose; and WHEREAS, the Village of Mount Prospect is empowered, pursuant to Ordinance No. 4385 and its home rule powers to acquire by purchase, donation, lease or eminent domain, real property within the Triangle Redevelopment Project Area; and WHEREAS, the implementation of the aforementioned Triangle Redevelopment Project would attract to the Village of Mount Prospect additional commercial ventures, increase business for commercial ventures currently established within the Village, strengthen the property and non-property tax and income bases in the Village and would provide jobs for Village residents; and WHEREAS, pursuant to its home rule powers, the Village of Mount Prospect has previously adopted Ordinance No. 4385 , empowering the Village's exercise of the power of eminent domain for the public purpose of redevelopment within a Redevelopment Project Area, as defined in said Ordinance; and WHEREAS, the exercise of its powers of eminent domain required in order to condemn or purchase real property for the Triangle Redevelopment Project is contained in Ordinance No. 4385 · the Illinois Constitution, the Illinois Revised Statutes and the home rule ordinances of the Village of Mount Prospect; and WHEREAS, the acquisition of property for the Triangle Redevelopment Project requires the exercise of powers and performance of functions pertaining to the government and affairs of the Village of Mount Prospect. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, IN THE EXERCISE OF ITS HOME RULE POWERS, AS FOLLOWS: SECTION 1: That it is hereby determined that the Triangle Redevelopment Project, previously adopted, be established, maintained, controlled, managed and operated within the corporate limits of the village of Mount Prospect and within the Triangle ~%~gvelopment Project Area, as described in Ordinance No. ~b ' and that said Triangle Redevelopment Project be occupied, improved, used and developed in a manner necessary and convenient for public use. SECTION 2: That under the authority vested in the corporate authorities of the Village of Mount Prospect through the Illinois Constitution, the Statutes of the State of Illinois and the home rule powers and ordinances of the Village of Mount Prospect, it is hereby determined that, pursuant to the Triangle Redevelopment Project, it is necessary and desirable that the Village shall acquire title to and possession of the real property legally described in Exhibit A attached hereto and made a part hereof (hereinafter, the "Subject Property"), which property is within the foregoing Triangle Redevelopment Project Area and is necessary, required and needed to achieve the objectives of the foregoing Triangle Redevelopment Project and which property lies wholly within the limits of the Village of Mount Prospect. SECTION 3: That the Law Offices of Barry A. Springer be and it is hereby authorized, empowered and directed to negotiate personally or through its representatives for and on behalf of said Village, with the owner or owners of the Subject Property for the purchase thereof by the Village, and all negotiations undertaken therefor and thusfar by said law firm are hereby ratified and approved in their entirety. SECTION 4: That in the event that said law firm or its agents is unable to agree with the owners of the Subject Property as to the compensation to be paid therefor, then fee simple title to and possession of the Subject Property shall be acquired by the Village of Mount Prospect by condemnation and the Law Offices of Barry A. Springer, as attorney for the Village, is hereby authorized, empowered and directed to institute proceedings in any court of competent jurisdiction to acquire fee simple title to and possession of the Subject Property for the Village in accordance of the eminent domain laws of the State of Illinois and the ordinances of the Village of Mount Prospect. SECTION 5: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. PASSED the following roll call vote this 7th day of ,]an,ary 199_2_ AYES: Busse. Clowes, Corcoran, Floros. Hoefert, Wilks NAYS: None ABSENT: None ABSENT FROM COMMENT AND VOTE: None APPROVED this 7th day of ,]an.~ry 199_2_ ~v±rlago Pr~s~den~ / Village Clerk LOT 1 IN WILLE'S RECONSOLIDATION PLAT OF LOTS 1 A_ND 2 IN WILLE'S CONSOLIDATED PLAT OF LOTS 2 TO 12. BOTH INCLUSIVE. IN BLOCK 2 IN BUSSE /LN'D WILLE'S RESUBDIVISION IN MOU~ PROSPECT A SI~DIVISIDN IN THE WEST 1/2 OF SECTION 12, TOWNSHIP 41 NORTH. RA/qGE 11 EAST OF THE THIRD PRINCIPAL P[ERIDI~2N, ACCORDING TO PLAT THEREOF REGISTERED IN THE OFFICE OF THE REGISTR~ OF TITLES OF COOK COU1TTY, ILLINOIS ON NO¥~MBER 9, 1979 AS DOCUMEN~ NO. LR3130193 (commonly known as 100-108 W. Northwest Highway, Mount Prospect, IL) EXHIBIT A