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HomeMy WebLinkAboutOrd 5581 08/15/2006 ORDINANCE NO. 5581 AN ORDINANCE AUTHORIZING THE ACQUISTION OF PROPERTY THROUGH CONDEMNATION OR OTHERWISE IN THE TAX INCREMENT REDEVELOPMENT PROJECT AREA Passed and approved by the President and Board of Trustees the 15TH day of August, 2006 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 16th day of August, 2006 ORDINANCE NO. 5581 AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY THROUGH CONDEMNATION OR OTHERWISE IN THE TAX INCREMENT REDEVELOPMENT PROJECT AREA WHEREAS, the Village of Mount Prospect, Cook County, Illinois has heretofore adopted Ordinance Number 3554 adopting the District No. 1 Tax mcrement Redevelopment Plan and Redevelopment Project, and Ordinance Number 3555 entitled "An Ordinance Designating District No.1 Tax mcrement Redevelopment Project Area in the Village of Mount Prospect, Illinois", and Ordinance Number 3556 entitled "An Ordinance Adopting Tax mcrement Financing for the District No. 1 Tax mcrement Redevelopment Project in the Village of Mount Prospect, Illinois all of which are incorporated herein in their entirety. WHEREAS, the Village of Mount Prospect has determined that the above-mentioned Tax mcrement Redevelopment Plan and Redevelopment Project which were the subject matter of the public hearings 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 the Real Property Tax mcrement Allocation Redevelopment Act, PISI 79-1525, appearing as Section 11- 74.4-1 et. seq., of Chapter 65, Illinois Compiled Statutes 2003, (hereinafter the "Act") to acquire by purchase, donation, lease or eminent domain real property within the redevelopment project area; and WHEREAS, the implementation of the aforementioned Tax mcrement Redevelopment Plan and 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, and would provide jobs for the Village residents. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COUNTY OF COOK, STATE OF ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS, as follows: SECTION 1: That it is hereby determined that the Tax Increment Redevelopment Plan and Redevelopment Project previously adopted be established, maintained, controlled, managed and operated within the corporate limits of the Village of Mount Prospect within the District Number 1 Tax mcrement Redevelopment Project Area as described in Ordinance Nos. 3554, 3555 and 3556 and that said Tax mcrement Redevelopment Plan and 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 statutes of the State of Illinois and the home rule power and ordinances of the Village, it is hereby determined that pursuant to the Tax mcrement Redevelopment Plan and Redevelopment Project it is necessary and desirable that the Village shall acquire title to and possession of certain real property commonly known as 34 W. Busse Avenue, Mount Prospect, Illinois, Permanent mdex 08-12-102- 057, and legally described in the Exhibit which is attached hereto and made a part hereof and hereinafter referred to as the "Subject Property", which property is within the foregoing Tax mcrement Redevelopment Project Area and is necessary, required and needed to achieve the objectives of the foregoing Tax mcrement Redevelopment Plan and Redevelopment Project, and which property lies wholly within the limits of the Village of Mount Prospect. SECTION 3: That the Village Attorney or such other persons as he may designate are 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 and acquisition thereofby said Village. SECTION 4: That in the event the said Village Attorney or his designee are unable to agree with the owner or owners of said real property as to the compensation thereof, then title to and possession of the Subject Property shall be acquired by the Village of Mount Prospect through condemnation, and authorization is hereby given to institute proceedings in any court of competent jurisdiction to acquire title to and possession of the Subject Property for the Village in accordance with the Act, the eminent domain laws of the State of Illinois and the ordinances of the Village of Mount Prospect. SECTION 5: That this ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. Passed by the Board of Trustees of the Village of Mount Prospect, Illinois and approved by the President thereof this 15th day of August 2006. Ayes: Cocoran, Hoefert, Korn, Lohrstorfer, Skowron, Zadel Nays: None Absent: None APProv~ r 1/)4 Irvana K. Wilks, Mayor Attest: ~?7{~O .~~ M. Lisa Angell,Villag Cler . H:\CLKO\files\ WIN\ORDINANC\CondenmationOrdinance34 W. Busseaugust2006.doc . , Exhibit A Legal Description Subject Property: PIN Number: 34 West Busse Avenue, Mount Prospect, Illinois 08-12-102-057 -0000 PARCEL A DESCRIPTION: LOT 1 IN MEERSMAN RESUBDIVISION IN MOUNT PROSPECT BEING A RESUBDIVISION OF PART OF THE WEST HALF OF SECTION 12. TOWNSHIP 41 NORTH. RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF REGISTERED IN THE REGISTRAR'S OFFICE OF COOK COUNTY. ON OCTOBER'27. 1986 AS DOCUMENT LR 35-61-889. EXCEPT THAT PART THEREOF DESCRIBED AS FOLLOWS: EXCEPTION" BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE SOUTH 00 DEGREES 06 MINUTES 53 SECONDS WEST. ALONG THE EAST LINE OF SAID LOT 1. A DISTANCE OF 23.07 FEET TO A LINE THAT IS THE WESTERLY EXTENSION OF THE SOUTHERNMOST LINE OF LOT 2 IN MOUNT PROSPECT CENTRAL DISTRICT SUBDIVISION OF PART OF THE WEST HALF OF SECTION 12. TOWNSHIP 41 NORTH. RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 23. 1949 AS DOCUMENT 1275902; THENCE SOUTH 89 DEGREES 35 MINUTES 57 SECONDS WEST. ALONG SAID WESTERLY EXTENSION. 46.73 FEET TO THE WEST LINE OF SAID LOT 1; THENCE NORTH 00 DEGREES 08 MINUTES 52 SECONDS WEST. ALONG SAID WEST LINE. 24.71 FEET TO THE NORTH LINE OF SAID LOT 1; THENCE SOUTH 88 DEGREES 23 MINUTES 49 SECONDS EAST. ALONG SAID NORTH LINE, 46.86 FEET TO THE POINT OF BEGINNING. ALL IN COOK COUNTY. ILLINOIS. ALSO THAT VACATED WILLE STREET ACCORDING TO DOCUMENT RECORDED AS DOCUMENT NUMBER 00454455.