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O-49-06 08/14/2006VILLAGE OF LEMONT ORDINANCE NO. © a CI O (o AN ORDINANCE AUTHORIZING THE ACQUISITION THROUGH CONDEMNATION OF CERTAIN PROPERTY COMMONLY KNOWN AS THE GROSS PARCEL FOR FLOOD CONTROL PURPOSES BY THE VILLAGE OF LEMONT ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This 14th day of August , 2006 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 14th day of August , 2006 ORDINANCE NO. 0..'{ q -c (0 AN ORDINANCE AUTHORIZING THE ACQUISITION THROUGH CONDEMNATION OF CERTAIN PROPERTY COMMONLY KNOWN AS THE GROSS PARCEL FOR FLOOD CONTROL 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, 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 of 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 unimproved lot 50 x 127 located within the Village of Lemont limits; 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 Exhibit A 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, 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 Exhibit A should be acquired for flood control purposes as hereinabove set forth; and 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 Exhibit A; and WHEREAS, on the 9 ' day of January, 2006, Ordinance No. 0 -06-06 was adopted providing for the negotiation for the acquisition of the property described in Exhibit A 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 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 Exhibit A 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 Exhibit A attached hereto, be acquired by condemnation by the Village of Lemont for one or more of the purposes set forth. 7. That the previously issued negotiation authority as set forth in Ordinance No. 0 -06- 06, 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. 8. That this Ordinance shall be in full force and effect from and after its passage and approval as provided by law. 9. 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. 10. 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. 11. 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 BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DUPAGE, ILLINOIS on this 1444% day of Av y , 2006. AYES NAYS ABSENT ABSTAIN Brian Reaves Debby Blatzer Peter Coules Ron Stapleton Steven Rosendahl Jeanette Virgilio Attest: ' 7 C ARLENE SMOLLEN, Village Clerk JOHN ' PIAZZA, Village Presi Approved as to Form. JOHN P. ANTONOPOULOS, Village Attorney c : /coleen /mydocuments /vi I lage /ordinance EXHIBIT A PROPERTY ADDRESS: 600 STEPHEN STREET A/K/A 410 EAST DIVISION, LEMONT, ILLINOIS 60439 Lot 1 in Block 2 of Brennan's Subdivision of the East 1/2 of Block 9 of Dowse's Subdivision, recorded as Document 608732 on March 11, 1885, all in the West 1/2 of the Northeast 1/4 of Section 29, Township 37 North, Range 11 East of the Third Principal Meridian, all in Cook County, Illinois. Identified as Permanent Real Estate Index Number: 22 -29- 202 -026. VILLAGE OF LEMONT ORDINANCE NO. 0 -49 -06 ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This 14th day of August , 2006 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 14th day of August , 2006 ORDINANCE NO.0 ~!1 M- Dt17 AN ORDINANCE AUTHORIZING THE ACQUISITION THROUGH CONDEMNATION OF CERTAIN PROPERTY COMMONLY KNOWN AS THE GROSS PARCEL FOR FLOOD CONTROL 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, 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 of 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 unimproved lot 50 x 127 located within the Village of Lemont limits; 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 Exhibit A 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, 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 Exhibit A should be acquired for flood control purposes as hereinabove set forth; and 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 Exhibit A; and WHEREAS, on the 9th day of January, 2006, Ordinance No. 0 -06-06 was adopted providing for the negotiation for the acquisition of the property described in Exhibit A 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 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 Exhibit A 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 Exhibit A attached hereto, be acquired by condemnation by the Village of Lemont for one or more of the purposes set forth. 7. That the previously issued negotiation authority as set forth in Ordinance No. 0 -06- 06, 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. 8. That this Ordinance shall be in full force and effect from and after its passage and approval as provided by law. 9. 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. 10. 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. 11. 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 BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DUPAGE, ILLINOIS on this ^ �c;tk`4" day of u`� , 2006. Brian Reaves Debby Blatzer Peter Coules Ron Stapleton Steven Rosendahl Jeanette Virgilio At ,t: AYES NAYS ABSENT ABSTAIN I/ V JO F. PIAZZA, Vil age P es' . ent ARLENE SMOLLEN, Village Clerk Approved as to Form: JOHN P. ANTONOPOULOS, Village Attorney c acoleen /mydocuments /village /ordinance EXHIBIT A PROPERTY ADDRESS: 600 STEPHEN STREET A/K/A 410 EAST DIVISION, LEMONT, ILLINOIS 60439 Lot 1 in Block 2 of Brennan's Subdivision of the East '/z of Block 9 of Dowse's Subdivision, recorded as Document 608732 on March 11, 1885, all in the West 1/2 of the Northeast 1/4 of Section 29, Township 37 North, Range 11 East of the Third Principal Meridian, all in Cook County, Illinois. Identified as Permanent Real Estate Index Number: 22 -29- 202 -026.