HomeMy WebLinkAboutOrd 5141 09/05/2000 ORDINANCE NO. 5141
AN ORDINANCE AUTHORIZING THE USE OF QUICK TAKE
CONDEMNATION PROCEEDINGS TO ACQUIRE PROPERTY LOCATED AT
18 WEST BUSSE AVENUE (YE OLDE TOWN INN)
Passed and approved by
the President and Board of Trustees
the 5th day of September, 2000
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois, the
6th day of September, 2000
ORDINANCE NO. 5141
AN ORDINANCE AUTHORIZING THE USE OF QUICK TAKE
CONDEMNATION PROCEEDINGS TO ACQUIRE PROPERTY LOCATED
AT 18 WEST BUSSE AVENUE
(YE OLDE TOWN INN)
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect, Cook
County, Illinois have heretofore adopted Ordinance No. 5082 authorizing the purchase or condemnation
of property located at 18 West Busse Avenue, Mount Prospect, Illinois ("Subject Property") for the
purposes of implementation of the Downtown Redevelopment Plan; and
WHEREAS, the Village of Mount Prospect is empowered, pursuant to the Tax Increment
Allocation Redevelopment Act, 65 ILCS 5/i1-74.4-1 et. seq., as amended, to acquire by purchase,
donation, lease or eminent domain real property within the redevelopment project area; and
WHEREAS, the authority to exercise its powers of eminent domain required in order to
condemn or purchase the sites for the Downtown Redevelopment Plan are contained in both the Illinois
Revised Statutes and the home rule ordinances of the Village of Mount Prospect, and
WHEREAS, the General Assembly in 735 ILCS 5/7-103 et sec, ("quick-take statute"), has
authorized the use of quick-take eminent domain proceedings by the Village of Mount Prospect for
redevelopment purposes; and
WHEREAS, the acquisition of the Subject Property legally described in Exhibit A, which is
attached hereto and made a part hereof for the Downtown Redevelopment Plan, requires the exercise of
the Village's quick-take eminent domain power; and
WHEREAS, the President and Board of Trustees have determined that it is necessary,
advantageous, desirable and in the best interests of the Village to adopt the development schedule
attached hereto and made a part hereof as Exhibit B; and
WHEREAS, the President and Board of Trustees have determined that it is necessary,
advantageous, desirable and in the best interests of the Village to authorize and approve the use of quick-
take eminent domain to acquire the Subject Property.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND THE BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, IN
THE EXERCISE OF ITS HOME RULE POWERS, as follows:
Section 1: The President and Board of Trustees hereby incorporate by this reference the recitals
set forth above and adopts them as its findings and conclusions.
Section 2: The development schedule attached hereto as Exhibit B and providing, inter alia, for
the acquisition of the Subject Property for the Downtown Redevelopment Plan is hereby adopted.
Section 3: It is hereby found and determined that it is necessary, advantageous, desirable and in
the best interests of the Village to acquire all fight, title and interests to and possession of the Subject
Property, attached hereto as Exhibit A, which property is necessary, required mid needed on an expedited
basis for the development ora portion of the Downtown Redevelopment Plan.
Section 4: That the Village Manager, Village Attorney and the law offices of Ryan and Ryan,
Special Attorneys for the Village of Mount Prospect, be and are hereby authorized, empowered and
directed to negotiate and enter into an Agreed Judgment Order on behalf of the Village with the owner or
owners of and other persons interested in the Subject Property for the acquisition thereof by the Village,
and all actions and negotiations heretofore undertaken by Ryan and Ryan to acquire such properties are
hereby ratified.
Section 5: That in the event that said law firm is unable to agree with the owner of the Subject
Property as to the compensation to be paid therefor, and the timely possession thereof, then fee simple
title to and possession of the Subject Property shall be acquired by the Village through use of quick-take
condemnation proceedings and the law office of Ryan and Ryan, as attorneys for the Village, is hereby
authorized, empowered and directed to institute quick-take condemnation proceedings to acquire fee
simple title to and possession of said subject property for said Village through the exercise and use of
"quick-take" powers pursuant to 735 ILCS 5/7-103, as amended, through 5/7-112, in accordance with the
eminent domain laws of the State of Illinois and the ordinances of the Village of Mount Prospect.
Section 6: This Ordinance and each of its terms shall be the effective legislative act of a home
rule municipality without regard to whether such ordinance should (a) contain terms contrary to the
provisions of current or subsequent non-preemptive state law; or (b) legislate in a manner or regarding a
atter not delegated to municipalities by state law. It is the intent of the corporate authorities of the
Village of Mount Prospect that, to the extent that the terms of this ordinance should be inconsistent with
non-preemptive state law, said terms shall supersede said state law to the extent of said inconsistency.
Section 7: 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.
AYES: Hoefert, Prikkel, Skowron, Wilks
NAYS: None
ABSENT: Farley, Lohrstorfer
PASSED AND APPROVED this 5th day of September, 2000
Timoth /J. C) coran
ayo? m
Attest:
V~ma Lowe
Village Clerk
Exhibit A
Legal Description
Parcel One
The South 1.11 Feet of the West 37.37 Feet of Lot 2, in Mount Prospect Central District
Subdivision, Being a Subdivision of Part of the West Half of Section 12, Township 41
North, Range 11 East of the Third Principal Meridian, Recorded December 23, 1949, as
Document 1275902, and That Part of Lot 4 in Said Subdivision Lying North of the
Westerly Extension of the Southerly Most Line of Said Lot 2, In Cook County, Illinois.
Said Property Containing 2323 Square Feet, More or Less.
PERMANENT TAX INDEX NO. 08-12-102-028
Parcel Two
All of the 10.00 Foot Private Alley Lying North of and Adjoining the South Line of Lot
2, in Mount Prospect Central District Subdivision, Being a Subdivision of Part of the
West Half of Section 12, Township 41 North, Range 11 East of the Third Principal
Meridian, Recorded December 23, 1949, as Document 1275902, in Cook County, Illinois
Parcel Three
Lot 3, in Mount Prospect Central District Subdivision, Being a Subdivision of Part of the
West Half of Section 12, Township 41 North, Range 11 East of the Third Principal
Meridian, Recorded December 23, 1949, as Document 1275902, in Cook County, Illinois
PERMANENT TAX INDEX NO. 08-12-102-029
Exhibit B
Schedule for Acquisition
September 1, 2000 - All properties for the Downtown Redevelopment Acquired