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O-13-00 03/27/2000VILLAGE OF LEMONT ORDINANCE NO. 0 -13 -00 AN ORDINANCE AUTHORIZING THE ACQUISITION THROUGH CONDEMNATION OF CERTAIN PROPERTY COMMONLY KNOWN AS THE "LIMESTONE DEVELOPMENT AND THE ANDRYSIAK PARCEL" FOR VILLAGE OF LEMONT PURPOSES BY THE VILLAGE OF LEMONT ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This 27th day of March , 2000. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Counties of Cook, Will, and DuPage, Illinois this 27th day of March , 2000 ORDINANCE AN ORDINANCE AUTHORIZING THE ACQUISITION THROUGH CONDEMNATION OF CERTAIN PROPERTY COMMONLY KNOWN AS THE "LIMESTONE DEVELOPMENT PARCEL AND THE ANDRYZIAK PARCEL" FOR VILLAGE OF LEMONT PURPOSES BY THE VILLAGE OF LEMONT WHEREAS, the Village of Lemont is a statutory municipality organized and existing under the provisions of 65 ILCS 5/1 -1 -1, et seq.; and WHEREAS, the Statutes of the State of Illinois to such matters pertaining provide that municipalities shall have the power to acquire by condemnation lands and other property, real or personal, or rights or interests therein for the designated purposes set forth in said Statutes; and WHEREAS, the Village of Lemont is desirous of promoting the health, education, safety and welfare of the citizens of the Village of Lemont; and WHEREAS, the real estate legally described in Exhibit A attached hereto and incorporated herein is an approximate 26 acre parcel of property located within the Village of Lemont limits and is commonly referred to as the Limestone Development parcel; and WHEREAS, the real estate legally described in Exhibit B attached hereto and incorporated herein is an approximate 6 acre parcel lying within the Village of Lemont limits and is commonly referred to as the Andrysiak parcel; and WHEREAS, the President and Board of Trustees at the Village of Lemont deem it advisable, necessary and in the best interest of the citizens of the Village of Lemont to acquire the property legally described in Exhibits A and B for such purposes as authorized and set forth in the Illinois Statutes pertaining to a statutory municipality such as the Village of Lemont, including, but not limited to, utilizing the property for recreational uses and facilities, trails, hiking, boating, fishing, the installation of boat launches and recreational piers, for drainage and flood control and management and such other purposes as provided for in the Statutes of Illinois; and WHEREAS, the President and Board of Trustees of the Village of Lemont hereby find that the real estate described in the attached Exhibits A and B should be acquired for one or more of the purposes as hereinabove set forth; and Lemont/Phase II Ordinance - 1 - WHEREAS, in accordance with the property ownership disclosure requirement imposed on units of local government as set forth in 50 ILCS 105/3.1, the Village of Lemont has obtained information identifying the record title holder of the real estate described in the attached Exhibits A and B; and WHEREAS, on the 13th day of March, 2000, Ordinance No. 0 -12 -00 was adopted providing for the negotiation for the acquisition of the property described in Exhibit A and Exhibit B attached hereto; and WHEREAS, the Village of Lemont has offered to purchase said property at a price which is based on information obtained from the Village consultants regarding the fair cash market value of the property, however, the Village of Lemont has been unable to agree with the owners of the property concerning just compensation and negotiations have reached an impasse as defined by Illinois case law. NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Lemont as follows: 1. That the recitals set forth above are hereby adopted and incorporated into this Ordinance. 2. That the Board of Trustees of the Village of Lemont has been advised of the history of negotiations and hereby finds that negotiations with the owners have reached an impasse as defined by law. 3. That it is necessary and desirable that fee simple title to the real estate described in Exhibit A and depicted in Exhibit B attached hereto, be acquired by condemnation by the said Village of Lemont for one or more of the purposes set forth. 4. That it is necessary and desirable that the real estate described in Exhibits A and B attached hereto be acquired in fee simple by the Village of Lemont for one or more of the purposes set forth. 5. That the Board of Trustees of the Village of Lemont has reviewed the history of negotiations and hereby finds that negotiations with the owners have reached an impasse as defined by law. 6. That it is necessary and desirable that fee simple title to the real estate described in Exhibits A and B attached hereto, be acquired by condemnation by the Village of Lemont for one or more of the purposes set forth. Lemont/Phase II Ordinance - 2 - 7. That the previously issued negotiation authority as set forth in Ordinance No. 0- 12-00, authorizing the Village of Lemont and their attorneys working in conjunction with the Board of Trustees, to acquire the subject property through negotiation is hereby revoked as it relates to "good faith negotiations" necessary as a predicate for the exercise of the Village of Lemont's condemnation power. In this regard, it is the express intention of the Village of Lemont that any and all further discussions, negotiations or conferences related to the acquisition of the subject real estate be declared to be only in reference to settlement of imminent or pending condemnation litigation. 6. That this Ordinance shall be in full force and effect from and after its passage and approval as provided by law. 7. That the Village Administrator of the Village of Lemont be, and hereby is, authorized and directed to transmit a copy of this Ordinance to the Village Clerk's office and Village general counsel. 8. That if any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of said section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. 9. All Ordinances, Resolutions, Motions or other Orders in conflict with this Ordinance are repealed to the extent of such conflict, and this Ordinance shall be deemed to be in full force and effect immediately upon its passage by the President and Board of Trustees as provided by law. PASSED AND APPROVED by the President and the Board of Trustees of the Village of Lemont, Counties of Cook, DuPage and Will, Illinois, on this 74' day of LtJtc , 2000. AYES NAYS PASSED ABSENT John Benik Debby Blatzer Keith Latz if Connie Markiewicz Rick Rimbo ✓' Mary Studebaker Approved by me this 7 day of Lemont/Phase II Ordinance Charle ollen, Village Clerk OVA 7 000 r d A' ' asn ' 7 illage President - 3 - , Village Clerk Lemont/Phase II Ordinance - 4 - Ora (e ztax C LEGAL DESCRIPTION "Lot 10 of County Clerk's Division of Section 22, Township 37 North, Range 11 East of the Third Principal Meridian according to the map thereof recorded in the REcorder's office of Cook County, Illinoison'Apri1 30, 1880, as Document No. 269,445 in Book 15 of the Plats, P. 57; meaning by the above description that part of said Section 22 lying northwesterly of the northwesterly reserve line of the Illinois and Michigan Canal, said premises containing approximately 6.17 acres, situated in the County of Cook, in the State of Illinois." The Property Index Number (PIN) is: 22 -22- 100 -001 iI f. • LEGAL DESCRIPTION "All that part of North East 1/4 of Section 21, Township 37 North, Range 11, East of the Third Principal Meridian, lying Northerly of the Northerly line of the Northerly 90 foot Reserve strip of the Illinois and Michigan Canal and Southerly of a line drawn parallel with and•'400 feet Northerly of the said Northerly line of the Northerly 90 foot Reserve strip of the Illinois and Michigan Canal, all in Cook County, Illinois." The Property Index Number (PIN) for the subject is: 22 -21- 200 -004 EXHIBIT land acqursition2.dwg Tue Feb 00 13:46:23 2000 LF \LEMONI \SteveJUne VILLAGE OF LEMONT ARRY ACQUISITION & DEVELOPMENT 4P or - ••• -•.•- EXISTING I&M TRAIL (VILLAGE OWNED) EXISTING DIRT PATH (TO BE IMPROVED) FISHING ACCESS (TO BE IMPROVED)