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HomeMy WebLinkAboutOrd 5235 02/19/2002ORDINANCE NO. 5235 AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREED FINAL JUDGEMENT ORDER FOR PROPERTY AT 12 EAST BUSSE AVENUE Passed and approved by the President and Board of Trustees the 19th day of February, 2002 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 20t~ day of February, 2002 wv1 2/13/02 ORDINANCE NO. 5235 AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREED FINAL JIJDGMENT ORDER FOR PROPERTY AT 12 EAST BUSSE AVENUE WHEREAS, the Village of Mount Prospect, a home role 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. 5183 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 Arflcle 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 deterrrfined 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 Prospect v. Ping Wen Kuohung; Ching Hu Kuohung; and Unknown Owners, Case No. 01 L 50699 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 12 E. Busse Avenue 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 Ryan and Ryan, Special Attorneys of the Village of Mount Prospect, be and are hereby authorized, empowered and d'n:ected 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, Skowron, Zadel NAYS: None ABSENT: Corcoran, Farley, Wilks PASSED and APPROVED this 19th day of February, 2002. /*! Village Clerk Mayor Pro Tem/ Page 3 of 3 12 E. Busse Avenue EXHIBIT A LEGAL DESCRIPTION: PARCEL 1: THE EAST 50 FEET OF LOT 12 1N BLOCK 4 IN BUSSE AND WILLE'S RESUBDIVISION IN MOUNT PROSPECT IN THE WEST 1/2 OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 2: THE SOUTH 32 FEET OF LOT 13 (EXCEPT THE WEST 96 FEET THEREOF) IN BLOCK 4 IN BUSSE AND WILLE'S RESUBDIVISION IN MOUNT PROSPECT IN THE WEST ½ OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 31, 1906 AS DOCUMENT 3839591, IN COOK COUNTY, ILLINOIS. TAX I.D. NUMBERS: 08-12-103-019 AND 08-12-103-027 and ALL RIGHTS, TITLE, EASEMENTS, LICENSES OR INTERESTS WHATSOEVER FOR INGRESS, EGRESS AND PARKING OVER, UPON AND ACROSS THE REAL PROPERTY IDENTIFIED BELOW: PARCEL 1: LOT 13 (EXCEPT THE SOUTH 65 FEET THEREOF) IN BLOCK 4 IN BUSSE AND WILLE'S RESUBDIVISION OF MOUNT PROSPECT IN THE WEST ½ OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 31, 1906 AS DOCUMENT NUMBER 3839591 IN COOK COUNTY, ILLINOIS. PARCEL 2: THE NORTH 33 FEET OF THE SOUTH 65 FEET OF LOT 13 IN BLOCK 4 IN BUSSE AND WlLLE'S RESUBDIVISION OF MOUNT PROSPECT IN THE WEST ½ OF SECTION 12, TOWNSHIP 41 NORTH, RANGE I I EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 3: LOT 8, 9, 10 AND 11 BLOCK 4 IN BUSSE AND WILLE'S RESUBDIVISION IN MOUNT PROSPECT IN WEST ½ OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 4: THE WEST 96 FEET OF THE SOUTH 32 FEET OF LOT 13 BLOCK 4 IN BUSSE AND WILLE'S RESUBDIVISION IN MOUNT PROSPECT IN WEST ½ OF SECTION 12, TOWNSHIP 41 NORTH, RANGE I 1 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 5: LOT 12, (EXCEPT THE EAST 50 FEET THEREOF) BLOCK 4 IN BUSSE AND WILLE'S RESUBDIVISION IN MOUNT PROSPECT IN WEST ½ OF SECTION 12, TOWNSHIP 4i NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. TAXI.D. NUMBERS: 08-12-103-020 08-12-103-021 08-12-103-025 08-12-i03-026 08-12-103-014 08-12-103-017 08-12-103-032 08-12-103-031 02/13/~002 12:20 31~23~255~ ~URKE AND RYAN P~G~ 09 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPAKTMENI LAW DIVISIO'N VILLAGE OF MOUNT PROSPECT, a municipal corporation Plaintiff, No. 01 L 50699 FULL TAKING PING WEN KUOI-ILrNG; CI-tl2qG HU KUOHUNG;) and UNKNOWN OIYNBRS ) ) Defendaats, ) AGREED ~'INAL JUDGMENT ORDER THIS CAUSE COMING TO BE HEARD upon the Complaim to Condanm filed by the Plaintiff, VILLAGE OF MOUNT PROSPECT, a murdcipai corporation, for the ascertainment of just compensation to be paid by the Plaintifffor fee simple title to the properties legally described on Exhibit A attached hereto faereinaf~er referred to ~ollectively as the "Subject Prope~"); And the Plaintiff,, VILLAGE OF MOUNT PROSPECT ("Village"), appearing by its attorneys, RYAN AND RYAN, and Defendants PING- WEN KUOHUNG; CHING HU KUOHUNG (collectively "Defendant") appearing by their attorney, KIGHEIM2ER MARTIN & CINQUINO, P.C., and it appearing to the Court that all parties defendant herein have been served with process in the manner and form provided by statute; Aa~d The Court having jurisdiction of all the parties to this lawsuit and the subject matter thereof, the 'village and the Defendant hay'rog reached aD'cement as set forth herein, the parties having waived a trial by jury, and the Court be{ng fully advised as to the agreed upon just compensation to be paid by the V~llage> 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 82-1S-82 1~:21 RECEIVED FROM: S122~6255B P.6;B ~...'~13/200~ 12~20 ~2~56 ~R~E ~ND ~YAN PAGE 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 SIX I-IUND1LBD SEVENTY THREE THOUSA.N]3 FIVE I-1IJNDILED DOLLARS ($673,500.00) for fee simple title to and all other interests in the Subject Property; '+VHEREFORE, IT IS IIEREBY ORDEtlED, ADJ'LrDGED AND DECREED that the just compensation to be paid by the Village to the owners and party or parties intere~ed in the Subject Property with the other consideration and agreements set forth herein be and is full and final satisfaction of all takings, damages, costs and claims of the Defendant arising out of or resulting from the Village's Complaint to Condemn, acquisition, ,md use of the Subject Property and judgment is entered accordingly; IT IS THEP,~EFORE ORDERED AND ADJIfDGED by the Court, by the agreement of the parties, that on or before March 8, 2002 the Village shall deposit with the Treasurer of Cook County, Illinois the sum o£$1'X HUNDRED SEVENTY TFIREE THOUSAND FIVE HUNDRED DOLLARS ($673,500.00) (~he "Deposit") for the ~0enefit of the owners and party or parties in interest in the Subject Property; IT IS FURTHER ORDERED AND ADJIJ]DI3ED 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, by the agreement of the parties, that Defendant shall have the fight to remain in possession of the Subject Property without the payment of rent until June 15, 2002 and Defendant shall tender to Village full and complete possession of the Subject Property on or before June 15, 2002; IT 1S FURTI-~K OBDERED AND ADJUDGED that upon the Deposit with the Treasurer of Cook County Defendant shall be entitled to seek a withdrawal of $623,500.00 from its award with the $50,000~00 balance ("Holdbaok Funds") to remain on deposit until Defendant wdcates the Subject Property on or before June 15, 2002; 2 82-13-82 13:22 RECEIVED FROM: 3122~62556 P.[14 IT IS FUP, TI-~R ORDERED AND ADJUDGED, by agreement of the parties, that in the event Defendant fails to tender full and complete possession of the Subject Property on or before luna 15, 2002, Defendant shall be obligated to pay a holdover penalty of TWO THOUSAND DOLLARS ($2,000.00) per day until Defendant vacates the Subject Property with such holdover penalty to be paid out of the Yloldback Fm~ds; IT IS FLrjKTFIL~ ORDERED AND ADJUDGED, by agreement of the parries, that provided Defendant vacates the Subject Property on or before ]uae 15, 2002, the Village shall pay Defendant moving expenses in the amount of TWENTY THOUSAND DOLLARS ($20,000.00) to be paid in $10,000.00 in cash within seven days of Defendant's tender of possession and the remaining $10,000.00 amount in waiver of permit fees related to Defendant's relocation property. In the event such permit fees are less than $10,000.00, then the Village will pay the difference by an additional cash payment; IT IS FURTHER ORDERED AND ADJUDGED, by agreement of the pm-ties, that provided Defendant complies with the zoning and application requirements (~fthe Village as those apply to Defendant's relocation property, the Village agrees to a ten (10) business day review and compliance period for building permits submkted by the Defendant and a twenty-one (21) business day review and compliance period for site and development pla,~s submitted by the Defendant; IT IS FURTHER ORDERED AND ADJUDGED, by agreement of the parties, that provided Defendant complies with the zoning and application requirements of the Village as those apply to Defendant's relocation property,- the Village agrees to issue a temporary occupancy permit for the third floor of DefendanFs relocation property before final landscaping and final paving of the parking lot of Defendant's relocation property provided that such final landscaping and final paving resell be completed within 90 days of the issuance of the temproary ocoupanc"~' permit; IT IS FURTHER ORDERED AND ADJUDGED, by agreement of the parties, that Defendant agrees to indemnify and hold the Village harmles, from any liability, claim or demand 3 82-1~-02 1~:22 REOE I VED FROM: ~122~S2556 P.85 (including court costs and reasonable attorney's fees) made against the Village or incurred by the Village as a result of Det'endant's use and possession of the Subject Property after the date of the Deposit to the date Defendant vacates 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 ximple title as aforesaid, and that Village shall not be limited to remedy at iow, but may seek specific performance of the terms, provisions and conditions of this Agreed Judgment Order; IT I$ FURTHER ORDEI~ED AND ADJUDGED, by agreement of the parties, that the parties waive their rights of appeal in this cause and Defendant waives its right to costs and interest on the award; TI-IE COUP, T FI2q-DS that there is no just reason for delayh,,g the enforcement 6f this Agreed Judgment Order. DATED: ENTERED: PLAI3rlT~F VILLAGE OF MOUNT PROSPECT tUDGE AGPJgED AND STIi~ULATED AS '1~O I'ORM ANI} CONTENT: DEFENDANT PING WEN KUOItUiNG; CITING KUO~UNG Ry8n ~nd li?an~ Its Special Attorneys Ryan and Ryan, Atty.. No. 36903 33 North Dearborn, Suite 402 Chicago, Illinois 60602 312-236-1386 Rillheimer Martin & Cinquino, P.C., Their Attorneys 4 02-1G-82 1G:2~ RECEIVED FROM: ~122gS2556 EXHIBIT A Legal D~scri~tlon [to be attached by Ryan and ~yan] 02-15-02 1~:2~ RECEIVED FROM: ~i 22~62556 P.O?