O-98-08l i ORDINANCE NO. 0 -98- 08
f '
AN ORDINANCE AUTHORIZING THE
ACQUISITION OF REAL ESTATE WITHIN THE
SOUTHWEST QUADRANT OF THE VILLAGE CENTER PROJECT AREA
WHEREAS, the Village of Deerfield is authorized to acquire real estate, including
the right to exercise eminent domain if necessary, for the purpose of acquiring real estate for
downtown redevelopment pursuant to the provisions of 5/11 -61 -1 and 5/11- 74.4 -4 of Chapter 65 of
the 1994 Illinois Compiled Statutes; and
WHEREAS, by Ordinances 0 -86 -66 and 0 -86 -67 passed by the Mayor and Board of
Trustees on December 15, 1986, as amended by Ordinances 0- 92 -54, 0 -92 -55 and 0- 98 -02, the
Village established a Tax Increment Financing District, adopted a Tax Increment Redevelopment
Plan for its Village Center and designated a Redevelopment Project Area; and
WHEREAS, a primary objective of said Redevelopment Plan is the assembly of land
into sites of sufficient size and configuration to permit new commercial development; and
WHEREAS, since adoption of the Redevelopment Plan, the Village has acquired real
estate within the Village Center Tax Increment Financing District and within the Redevelopment
Project Area; and
WHEREAS, the Village has approved a preliminary PUD plan for the southwest
quadrant of the Village Center Project Area as defined'in.the Redevelopment Plan; and
WHEREAS, the Village has entered into a Redevelopment Agreement for the
redevelopment of a portion of the southwest quadrant of the Village Center Project Area, as defined
in the Redevelopment Plan, which area is generally described on Exhibit A attached hereto and
made a part hereof; and
WHEREAS, certain real estate and leasehold interests which are in the area described
on Exhibit A is privately owned and is needed to be acquired as part of this Redevelopment Project;
and
WHEREAS, the President and Board of Trustees of the Village of Deerfield have
determined that the acquisition of certain real estate hereinafter described for the purpose of
redevelopment is necessary, useful, advantageous and desirable for the Village of Deerfield and the
acquisition of said real estate constitutes a public purpose;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS,
AS FOLLOWS:
SECTION That it is hereby determined that the properties described in the
ONE: attached Exhibit B be acquired for the purpose of redevelopment.
That the acquisition of said real estate for the purpose of downtown
redevelopment is necessary and is authorized by the Illinois Compiled Statutes in such cases made
and provided.
ORDINANCE NO. 0 -98- 08
AN ORDINANCE AUTHORIZING THE
ACQUISITION OF REAL ESTATE WITHIN THE
SOUTHWEST QUADRANT OF THE VILLAGE CENTER PROJECT AREA
SECTION That it is hereby determined that it is necessary, useful,
TWO: advantageous and desirable that the Village shall acquire title to and
possession of the real estate hereinabove described which real property
is necessary, required and needed for downtown redevelopment as part of the Tax Increment
Redevelopment Plan for the public welfare, which real estate lies wholly within the limits of the
Village of Deerfield, and lies within the Redevelopment Project Area.
SECTION That Village Manager, ROBERT D. FRANZ, and Special Legal
THREE: Counsel, LEO N. CINQUINO, is authorized, empowered and
directed to negotiate with the owner or owners of the hereinabove
described real estate for the purpose of acquiring the same by said Village.
SECTION That in the event that the Village is unable to agree with the
FOUR: owners of said property as to the compensation to be paid
therefor, then title and possession of said real property. legally
described hereinabove shall be acquired by the Village of Deerfield through eminent domain and
JOSEPH T. MORRISON, as special attorney for the Village, is hereby authorized, empowered and
directed to institute proceedings in any court of competent jurisdiction to acquire title to and
possession of said real estate for said Village in accordance with the eminent domain laws of the
State of Illinois.
SECTION That this ordinance shall be in full force and effect from and
FIVE: after its passage, approval and publication in pamphlet form in the
manner provided by law.
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6)
NAYS: None (0 )
ABSENT: None (0 )
PASSED this 9th day of February , A.D. 1998.
APPROVED this 9th day of February , A.D. 1998.
V LLAGE PRESIDENT
ATTEST:
_ _� '.'1 rites =_
EXHIBIT A
The area generally located south of Deerfield Road, west of
Waukegan Road, north of Osterman Avenue and east of the
Chicago Milwaukee Railroad Tracks.
EXHIBIT B
Village Parcel Number 6
PIN: 16 -33- 101 -005 Commonly known as
750 WAUKEGAN ROAD
(FORMER AUTO REPAIR/MOBIL)
LOT 7 IN THE DEERFIELD COMMONS BEING A CONSOLIDATION OF PARTS OF
LOTS 4 AND 5 IN PHILEMAN CADWELL'S ADDITION TO DEERFIELD IN SECTIONS
33 AND PART OF THE NORTHEAST 114 OF SECTION 32, ALL IN TOWNSHIP 43
NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO
THE PLAT THEREOF RECORDED JANUARY 27,1959, AS DOCUMENT # 1018813, IN
BOOK 34 OF PLATS, PAGE 99 IN LAKE COUNTY, ILLINOIS; EXCEPT FOR THOSE
LANDS PREVIOUSLY DEDICATED OR ACQUIRED FOR PUBLIC PURPOSES.
Village Parcel Number 7
PIN: 16 -33- 101 -006 Commonly known as
760 WAUKEGAN ROAD
(DAWN MICHELLE'S & EMPIRE RESTAURANT)
LOT 6 IN THE " DEERFIELD COMMONS" BEING A CONSOLIDATION OF PARTS OF
LOTS 4 AND 5 IN PHILEMAN CADWELL'S ADDITION TO DEERFIELD IN SECTIONS
33 AND PART OF THE NORTHEAST 1/4 OF SECTION 32, ALL IN TOWNSHIP 43
NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO
THE PLAT THEREOF RECORDED JANUARY 27,1959, AS DOCUMENT # 1018813, IN
BOOK 34 OF PLATS, PAGE 99 IN LAKE COUNTY, ILLINOIS; EXCEPT FOR THOSE
LANDS PREVIOUSLY DEDICATED OR ACQUIRED FOR PUBLIC PURPOSES.
Village Parcel Number 8
PIN: 16 -33- 101 -010 Commonly known as
724 -734 WAUKEGAN ROAD
(HEALY BUILDING - FORMERLY FROST BUILDING)
LOT 5 IN THE " DEERFIELD COMMONS BEING A CONSOLIDATION OF PARTS OF
LOTS 4 AND 5 IN PHILEMAN CADWELL'S ADDITION TO DEERFIELD IN SECTIONS
33 AND PART OF THE NORTHEAST 1/4 OF SECTION 32, ALL IN TOWNSHIP 43
NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO
THE PLAT THEREOF RECORDED JANUARY 27,1959, AS DOCUMENT 91018813, IN
BOOK 34 OF PLATS, PAGE 99 IN LAKE COUNTY, ILLINOIS; EXCEPT FOR THOSE
LANDS PREVIOUSLY DEDICATED OR ACQUIRED FOR PUBLIC PURPOSES.