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O-70-10 Ord. Aquisition of Property McCarthy/Archer/DerbyVILLAGE OF LEMONT ORDINANCE NO. 2010-0- 70 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 VILLAG ?OF LEMONT THIS ai DAY OF �, ., • , , 2010 Published in pamphlet form by Authority of the President and Board of Trustees of the Village of Lemont, Counties of Cook, Will : nd DuPage, Illinois, this 21 day of 2010. Ordinance No. 2010 -0- 70 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- 300 -020 and 22 -27- See attached Exhibit A 300 -039 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. 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 2 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 LEM 0 N , COUNTIES OF COOK, WILL, AND DUPAGE, ILLINOIS, on this 91 day of . , 2010. Debby Blatzer Paul Chialdikas Clifford Miklos Ron Stapleton Rick Sniegowski Jeanette Virgilio ATTEST: PRESIDENT AND VILLAGE BOARD MEMBERS: AYES: NAYS: ABSENT: ABSTAIN CHARLENE M. SMOLLEN Village Clerk 3 N K. REAVES President EXHIBIT A LEGAL DESCRIPTION PIN: 22 -27- 300 -020 and 22 -27- 300 -039 THAT PART OF LOT 21 IN THE 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, AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 21 IN COUNTY CLERK'S DIVISION OF SECTION 27, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE NORTH 87 DEGREES 51 MINUTES 28 SECONDS EAST (BEARINGS ASSUMED FOR DESCRIPTION PURPOSES ONLY) ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 27, 471.27 FEET; THENCE SOUTH 31 DEGREES 32 MINUTES 25 SECONDS EAST, 37.84 FEET TO THE SOUTH APPARENT RIGHT -OF -WAY LINE OF MCCARTHY ROAD AND THE POINT OF BEGINNING; THENCE, ALONG SAID RIGHT -OF -WAY LINE, NORTH 87 DEGREES 51 MINUTES 28 SECONDS EAST, 349.87 FEET; THENCE SOUTH 24 DEGREES 50 MINUTES 33 SECONDS EAST, 14.23 FEET; THENCE SOUTH 87 DEGREES 51 MINUTES 28 SECONDS WEST, 347.73; THENCE NORTH 31 DEGREES 32 MINUTES 25 SECONDS WEST, 14.96 FEET TO THE POINT OF BEGINNING. ALL LYING IN COOK COUNTY, ILLINOIS. SAID PARCEL CONTAINING 0.105 ACRES, MORE OR LESS. 4 0 5.„ CD 3 (,) 0 5 CD 0. cn 0 11). 3 ca All Cook County geospatial data and maps are copyrighted. /4unoo No00 6OOZ © CJ1 cD 0 OZO-00£ -LZ-ZZ Nid > co S) 11) 5-1=. O o' (17 11) EE g — 0.0 0 er 0 u) 5 so, (1) 0 CD • eL ;4• : 0 a 3 0 0 0 0 0 5 0 0 2 0 0 0 1 . All Cook County geospatial data and maps are copyrighted. Awno3 No03 600Z 0 01 o 6£0-00£-LZ-ZZ Nid