O-64-10 Ord. Acquisition of Property McCarthy/Archer/DerbyVILLAGE OF LEMONT
ORDINANCE NO. 2010-0- Lo
AN ORDINANCE AUTHORIZING THE ACQUISITION OF CERTAIN REAL
PROPERTY FOR STREET AND HIGHWAY PURPOSES
ADOPTED BY THE
PRESIDENT AND THE BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
THIS /3 DAY OF £t ,; 2010
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 [3 day of
2010.
Ordinance No. 2010 -0- 6
AN ORDINANCE AUTHORIZING THE ACQUISITION OF CERTAIN REAL
PROPERTY FOR STREET AND HIGHWAY PURPOSES
WHEREAS, pursuant to Section 5/2 -2 -12 of the Illinois Municipal Code (65 ILCS 5/2 -2-
12) the Village of Lemont ( "Village "), a unit of local government of the State of Illinois, may
acquire and hold real property for corporate purposes; and
WHEREAS, the Village is authorized under Section 11 -61 -2 of the Illinois Municipal
Code (65 ILCS 5/11 -61 -2) to vacate, lay out, establish, open, alter, widen, extend, grade, pave, or
otherwise improve streets, alleys, avenues, sidewalks, wharves, parks, and public grounds; and
WHEREAS, the Village is authorized under Section 11 -61 -1 of the Illinois Municipal
Code (65 ILCS 5/11 -61 -1) to acquire property for said purposes through the right of eminent
domain by condemnation proceedings and incur indebtedness for the purchase of any and all real
estate or other property required or needed for street or highway purposes; and
WHEREAS, the Village Board finds that it is necessary, convenient and in the public
interest to acquire certain property for the construction, improvement and widening of McCarthy
Road, Archer Avenue and Derby Road.
BE IT ORDAINED BY THE VILLAGE PRESIDENT AND THE VILLAGE BOARD
OF THE VILLAGE OF LEMONT, COOK, DUPAGE AND WILL COUNTIES, ILLINOIS, AS
FOLLOWS:
SECTION 1: The Village Board finds the above recitals to be true, incorporates them into this
ordinance, and further finds that it is necessary, convenient and in the interest of public health, safety
and welfare of the residents of the Village to acquire the following described real property for the
construction, improvement and widening of McCarthy Road, Archer Avenue and Derby Road and
related amenities:
PIN
Legal Description
22 -27- 201 -011
See attached Exhibit A
22 -27- 301 -004
See attached Exhibit B
22 -27- 301 -001
See attached Exhibit C
SECTION 2: That the Village Administrator, or his designee, is authorized, empowered, and
directed hereby to negotiate for and on behalf of the Village with the owner or owners of the
underlying properties for the purchase of said properties at the fair market value as determined by an
appraiser retained by the Village or the Village Attorney.
2
SECTION 3: In the event the Village Administrator, or his designee, is unable to agree on a
price to be paid to the owners or interested persons of the above parcel(s) for the purchase of said
property, the Village Attorney is authorized to file an action under the Eminent Domain Act, 735 ILCS
30/1 -1 -1, as amended, for the purpose of acquiring title in fee simple to the parcel(s) so that McCarthy
Road, Archer Avenue and Derby Road may be constructed, improved and widened.
SECTION 4: That the Village Clerk of the Village of Lemont be and is directed hereby to
publish this Ordinance in pamphlet form.
SECTION 5: That this Ordinance shall be in full force and effect from and after its passage,
approval and publication.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMO T, COUNTIES OF COOK, WILL, AND DUPAGE,
ILLINOIS, on this 43 day of mricioi , 2010.
PRESIDENT AND VILLAGE BOARD MEMBERS:
AYES: NAYS: ABSENT: ABSTAIN
Debby Blatzer J
Paul Chialdikas
Clifford Miklos ✓
Ron Stapleton
Rick Sniegowski ✓
Jeanette Virgilio
ATTEST:
CHARLENE M. SMOLLEN
Village Clerk
3
BRIAN K. REAVES
President
EXHIBIT A
LEGAL DESCRIPTION
PIN: 22 -27- 201 -011
THAT PART OF LOTS 8 AND 9 IN COUNTY CLERK'S DIVISION OF SECTION 27,
TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT RECORDED APRIL 30, 1880 AS DOCUMENT NUMBER
269444, IN COOK COUNTY, ILLINOIS, LYING NORTH OF THE A LINE 50.00 FEET
NORTH OF THE SOUTH LINE OF THE NORTHEAST 1/4 OF SECTION 27 AFORESAID,
BEING THE NORTH LINE OF MCCARTHY ROAD, AND LYING WEST OF A LINE WHICH
IS AT RIGHT ANGLES TO SAID NORTH LINE OF MCCARTHY ROAD AT A POINT IN
THE NORTH LINE OF SAID MCCARTHY ROAD 352.10 FEET EAST OF THE WEST LINE
OF SAID LOT 9, SAID WEST LINE BEING THE NORTH AND SOUTH CENTERLINE OF
SAID SECTION, ALL IN COOK COUNTY, ILLINOIS DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE ABOVE DESCRIBED PARCEL;
THENCE SOUTH 87 DEGREES 58 MINUTES 12 SECONDS WEST (BEARINGS ASSUMED
FOR DESCRIPTION PURPOSES ONLY) ALONG THE NORTH FIFTY (50) FOOT RIGHT -
OF -WAY LINE OF SAID MCCARTHY ROAD, 292.24 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID RIGHT -OF -WAY SOUTH 87
DEGREES 58 MINUTES 12 SECONDS WEST, 13.00 FEET; THENCE NORTH 03 DEGREES
01 MINUTES 15 SECONDS WEST, 20.50 FEET TO THE SOUTHEASTERLY FORTY -TWO
(42) FOOT RIGHT -OF -WAY LINE OF SAID ARCHER AVENUE; THENCE NORTH 45
DEGREES 30 MINUTES 50 SECONDS EAST ALONG SAID RIGHT -OF -WAY, 17.35 FEET;
THENCE SOUTH 03 DEGREES 01 MINUTES 15 SECONDS EAST, 32.19 FEET TO THE
POINT OF BEGINNING.
ALL LYING IN COOK COUNTY, ILLINOIS.
SAID PARCEL CONTAINING 0.008 ACRES, MORE OR LESS.
4
EXHIBIT B
LEGAL DESCRIPTION
PIN: 22 -27- 301 -004
THAT PART OF THE NORTHEASTERLY 1.62 ACRES OF LOT 18 (MEASURED SO AS TO
GIVE EQUAL DISTANCES ALONG NORTH AND SOUTHEASTERLY LINE OF SAID LOT
18) IN COUNTY CLERK'S DIVISION OF SECTION 27, TOWNSHIP 37 NORTH, RANGE 11
EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT RECORDED
APRIL 30, 1880 AS DOCUMENT NUMBER 269444, COOK COUNTY, ILLINOIS, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTH THIRTY -THREE (33) FOOT
RIGHT -OF -WAY LINE OF MCCARTHY ROAD, AS OCCUPIED, AND THE
NORTHWESTERLY FIFTY (50) FOOT RIGHT -OF -WAY LINE OF ARCHER AVENUE;
THENCE SOUTH 45 DEGREES 15 MINUTES 33 SECONDS WEST (BEARINGS ASSUMED
FOR DESCRIPTION PURPOSES ONLY) ALONG SAID ARCHER AVENUE RIGHT -OF-
WAY, 45.00 FEET; THENCE NORTH 23 DEGREES 26 MINUTES 29 SECONDS WEST,
32.69 FEET TO THE SOUTH RIGHT -OF -WAY LINE OF SAID MCCARTHY ROAD;
THENCE NORTH 87 DEGREES 51 MINUTES 28 SECONDS EAST ALONG SAID
MCCARTHY ROAD RIGHT -OF -WAY, 45.00 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINING 0.016 ACRES, MORE OR LESS.
5
EXHIBIT C
PIN: 22 -27- 301 -001
THAT PART OF LOT 18 (EXCEPT THE SOUTHEASTERLY 50 FEET AS MEASURED At
RIGHT ANGLES FROM THE CENTER OF ARCHER AVENUE) AND (EXCEPT THE
NORTHEASTERLY 1.62 ACRES THEREOF) MEASURED SO AS TO GIVE EQUAL
DISTANCE ALONG THE NORTH AND SOUTHEASTERLY LINE OF SAID LOT 18 IN
COUNTY CLERK'S DIVISION OF SECTION 27, TOWNSHIP 37 NORTH, RANGE 11 EAST
OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT RECORDED APRIL
30, 1880 AS DOCUMENT NUMBER 269444, IN COOK COUNTY, ILLINOIS, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY THIRTY -THREE (33)
FOOT RIGHT -OF -WAY LINE OF DERBY ROAD AND THE NORTHWESTERLY FIFTY (50)
RIGHT -OF -WAY LINE OF ARCHER AVENUE, AS MONUMENTED; THENCE NORTH 52
DEGREES 37 MINUTES 36 SECONDS WEST (BEARINGS ASSUMED FOR DESCRIPTION
PURPOSES ONLY) ALONG THE NORTHEASTERLY RIGHT -OF -WAY LINE OF SAID
DERBY ROAD, 92.00 FEET; THENCE SOUTH 59 DEGREES 24 MINUTES 56 SECONDS
EAST, 42.30 FEET; THENCE SOUTH 64 DEGREES 22 MINUTES 06 SECONDS EAST, 53.31
FEET TO THE NORTHWESTERLY RIGHT -OF -WAY OF SAID ARCHER AVENUE;
THENCE SOUTH 45 DEGREES 15 MINUTES 33 SECONDS WEST ALONG SAID RIGHT -
OF -WAY LINE 16.00 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINING 0.015 ACRES, MORE OR LESS.
6