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O-06-06 01/09/2006VILLAGE OF LEMONT ORDINANCE NO. ) &J6 ORDINANCE AUTHORIZING THE NEGOTIATION FOR THE ACQUISITION OF CERTAIN PROPERTY COMMONLY KNOWN AS THE "CASTLE BOWL DRAINAGE PROJECT" BY THE VILLAGE OF LEMONT ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This 9th day of January , 2006. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Cook, Will and DuPage Counties, Illinois, this 9th day of January , 2006 ORDINANCE NO AN ORDINANCE AUTHORIZING THE NEGOTIATION FOR THE ACQUISITION OF CERTAIN PROPERTY COMMONLY KNOWN AS THE "CASTLE BOWL DRAINAGE PROJECT" FOR THE 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 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 4 parcels of real estate legally described in Exhibits A, B, C and D, attached hereto and incorporated herein are located within the Village of Lemont limits and commonly referred to as the Castle Bowl Drainage Way; 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, B, C and D, 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 drainage and flood control and management and such other purposes as provided for in the Statutes of Illinois; and -2- WHEREAS, the President and Board of Trustees of the Village of Lemont hereby find that the real estate described in the attached Exhibits A, B, C and D, should be acquired for one or more of the 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 Exhibits A, B, C and D. WHEREAS, The Village of Lemont has determined a valuation for the fee simple acquisition of the real estate described in Exhibits A, B, C and D, attached hereto which it believes to represent a fair amount to be offered to the owners of said real estate. 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 it is necessary and desirable that the real estate described in Exhibits A, B, C and D, attached hereto be acquired in fee simple and /or easements by the Village of Lemont for one or more of the purposes set forth. 3. That the Village Administrator, his staff and the general counsel for the Village of Lemont be, and hereby are, authorized to negotiate for the acquisition of the property in fee simple described in Exhibit B and Permanent and Temporary Easements as described in Exhibits A, C and D, attached hereto based on the valuation information obtained for said real estate. -3- 4. That this Ordinance shall be in full force and effect from and after its passage and approval as provided by law. 5. 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. 6. 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. 7. 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. -4- 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 9`h day of January , 2006. Brian Reaves Debby Blatzer Peter Coules Ronald Stapleton Clifford Miklos Jeanette Virgilio Attest: AYES NAYS ABSENT ABSTAIN JOHN F. PIAZ , Village C ARLENE M. SMOLLEN, Village Clerk Approved as to Form: JOHN P. ANTONOPOULOS, Village Attorney sident Exhibit "A" Property address: 503 Lemont Street Permanent Drainage Easement: That Part of Lot 13 in Block 16 of N.J. Browns Addition to Lemont, being a subdivision of the West 1/2 of the Southeast 1/4 of Section 20, Township 37 North, Range 11 East of the Third Principal Meridian, all in Cook County, Illinois, recorded as Document 2739077 on March 23, 1900, together with the Westerly half of the 20 foot vacated alley adjoining said lot, lying Easterly of the following described line; commencing at the Northeasterly corner of said Lot 13; thence Northwesterly along on the Northwesterly line of said Lot 13 and its Easterly extension to a Point 5 feet Southwesterly, of the centerline of said vacated alley and the point of beginning; thence Southwesterly to a point that is 41 feet Southwesterly as measured perpendicular to the Northwesterly line of said Lot 13 and 65 feet Southwesterly, as measured perpendicular to the centerline of said vacated alley; thence Southeasterly along a line perpendicular to the Northwesterly line to the Southeasterly line of said Lot 13 and there terminating. Temporary Construction Easement: That part of Lot 13 in Block 16 of N.J. Browns Addition to Lemont, being a subdivision of the West 1/2 of the Southeast 1/4 of Section 20, Township 37 North, Range 11 East of the Third Principal Meridian, all in Cook County, Illinois, recorded as Document 2739077 on March 23, 1900, together with the Westerly half of the 20 foot vacated alley adjoining said lot, described as follows: commencing at the Northwesterly corner of said Lot 13; thence Northeasterly along the Northwesterly line of said Lot 13 and its Easterly Extension to a point 5 feet Southwesterly of the centerline of said vacated alley and the point of beginning; thence Southwesterly to a point that is 41 feet Southwesterly, as measured perpendicular to the Northwesterly line of said Lot 13 and 65 feet Southwesterly, as measured perpendicular to the centerline of said vacated alley; thence Southeasterly along a line perpendicular to the Northwesterly line to the Southeasterly line of said Lot 13; thence Northwesterly along a line to a point that is 75 feet Northeasterly of, as measured perpendicular to the Southwesterly line and 5 feet Southeasterly, as measured perpendicular to the Northwesterly line of said Lot 13; thence Northwesterly, perpendicular to the Northwesterly line of said Lot 13 to the Northwesterly line of said Lot 13; thence Northeasterly along the last described line to the point of beginning. Identified as Permanent Real Estate Index Number: 22 -20- 440 -033 Exhibit "B" Property address: 600 Stephen Street 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 Exhibit "C" Property address: 507 Lemont Street Permanent Drainage Easement: The Easterly 15.00 feet of Lot 12 in Block 16 of N.J. Browns Addition to Lemont, being a subdivision of the West 1/2 of the Southeast 1/4 of Section 20, Township 37 North, Range 11 East of the Third Principal Meridian, all in Cook County, Illinois, recorded as Document 2739077 on March 23, 1900, together with the Westerly half of the 20 foot vacated alley adjoining said lot excepting therefrom that part lying Northwesterly of a line between a point that is 10.00 feet Southeasterly of the intersection of the Northeasterly extension of the Northwesterly line of said Lot 12 and the centerline of said vacated alley, as measured along the centerline of said vacated alley and a point that is on the Westerly Line of said Easterly 15.00 feet 25.00 feet Southeasterly of the Northwesterly line, as measured perpendicular to the Northwesterly line of said Lot 12, also excepting that part lying Westerly of a line between a point that is on the Westerly line of said Easterly 15.00 feet 30.00 feet Northwesterly of the Southeasterly line, as measured perpendicular to the Southwesterly line, of said Lot 12 and a point that is 5.00 feet Southwesterly of, as measured along the Southwesterly line, the Southeast corner of said Lot 12. Temporary Construction Easement: The Easterly 45,000 feet of Lot 12 in Block 16 of N.J. Browns Addition to Lemont, being a subdivision of the West 1/2 of the Southeast 1/4 of Section 20, Township 37 North, Range 11 East of the Third Principal Meridian, all in Cook County, Illinois recorded as Document 2739077 on March 23, 1900, together with the Westerly half of the 20 foot vacated alley adjoining said lot excepting therefrom that part lying Southwesterly of line between a point on the Westerly line of said Easterly 45.00 feet that is 30.00 feet Southwesterly of the Northwesterly line, as measured perpendicular to the Northwesterly line of said Lot 12, and a point that is 10 feet Southwesterly, as measured along the Southeasterly line, of said Lot 12 also excepting the Easterly 15.00 feet of Lot 12 in Block 16 of N.J. Browns Addition to Lemont, being a subdivision of the West 1/2 of the Southeast 1/4 of Section 20, Township 37 North, Range 11 East of the Third Principal Meridian, all in Cook County, Illinois recorded as Document 2739077 on March 23, 1900, together with the Westerly half of the 20 foot vacated alley adjoining said lot excepting therefrom that part lying Northwesterly of a line between a point that is 10.00 feet Southeasterly of the intersection of the Northeasterly extension of the Northwesterly line of said Lot 12 and the centerline of said vacated alley, as measured along the centerline of said vacated alley and a point that is on the Westerly line of said Easterly 15.00 feet 25.00 feet Southeasterly of the Northwesterly line, as measured perpendicular to the Northwesterly line of said Lot 12, also excepting that part lying Westerly of a line betwen a point that is on the Westerly line of said Easterly 15.00 feet 30.00 feet Northwesterly of the Southeasterly line, as measured perpendicular to the Southwesterly line, of said Lot 12 and a point that is 5.00 feet Southwesterly of, as measured along the Southeasterly line, the Southeast corner of said Lot 12. Identified as Permanent Real Estate Index Number: 22 -20- 440 -007 Exhibit "D" Property address: 511 Lemont Street Permanent Drainage Easement: That part of Lot 11 in Block 16 of N.J. Browns Addition to Lemont, being a Subdivision of the West 1/2 of the Southeast 1/4 of Section 20, Township 37 North, Range 11 East of the Third Principal Meridian, all in Cook County, Illinois, recorded as Document 2739077 on March 23, 1900, together with the Westerly half of the 20 foot vacated alley adjoining said lot, lying Northeasterly of the following described line; beginning at a point on the Northerly line of said Lot 11 a distance of 5 feet Southwesterly of the Northeasterly corner thereof; thence Southeasterly parallel to the Easterly line of said Lot 11 35 feet; thence Southeasterly to a point that is 35 feet Northerly, as measured perpendicular to, the South line and 8 feet Easterly of, as measured perpendicular to, the Easterly line of said Lot 11; thence South to a point that is 5 feet West, as measured along the South line, of the Southeast corner of said Lot 11 and there terminating. Identified as Permanent Real Estate Index Number: 22- 20-440 -008