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O-98-21ORDINANCE NO. 0 -98 -21 AN ORDINANCE AUTHORIZING THE ACQUISITION OF REAL ESTATE WITHIN THE VILLAGE .CENTER TAX INCREMENT FINANCING REDEVELOPMENT 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 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, CERTAIN real estate within the Village Center Redevelopment Project Area is privately owned and is needed to be acquired for redevelopment purposes; 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 property described in the ONE: attached Exhibit A 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. 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. ORDINANCE AUTHORIZING NO. 0 -98- 21 AN ORDINANCE AUTHORIZING THE ACQUISITION OF REAL ESTATE WITHIN THE VILLAGE CENTER TAX INCREMENT FINANCING REDEVELOPMENT PROJECT AREA SECTION That Village Manager, ROBERT D. FRANZ, and Special Legal THREE: Counsel, JOSEPH. T. MORRISON, 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, Seidman, Swartz (4) NAYS: None (0 ) ABSENT: Rosenthal, Swanson (2) PASSED this 20th day of April ,IA.D. 1998. APPROVED this 20th day of April , A.D. 1998. l�C..CA.d ILLAGE PRESIDENT ATTEST: 7"is Exhibit A 612 Waverly Ct. (Touhy Lumber) That part of the lands of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company situated in the East Half of the Northeast Quarter of Section 32, and in the West Half of the Northwest Quarter of Section 33, both in Township 43 North, Range 12, East of the Third Principal Meridian, in Lake County, Illinois, bounded and described as follows: Beginning at a point of intersection of the Easterly property line of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company (being a line 175.00 feet Easterly from and concentric with the center line of the original right of way, 100 feet wide of said railroad) with a Westward extension of the South line, as now monumented and occupied of Osterman Avenue, (said South street line being the North line of Blocks 2 and 3 in Hall and Osterman's Addition to the Town of Deerfield) and running thence Southwardly along said Easterly property line being the arc of a circle convex to the West and having a radius of 5554.65 feet, an arc distance of 399.45 feet to a point which is 40.00 feet (as measured along said arc) Northerly from the point of intersection of said Easterly property line with the South line of Central Avenue (said South street line being the North line of lots in Woodman's Resubdivision of Lots 2, 3, 4, 5, 6, and 7, in Block 5 and Lots 1, 2, and 3 in Block 4, together with vacated street lying between said Blocks 4 and 5, all in Hall and Osterman's Addition to the Town of Deerfield, thence southwestwardly along a straight line, normal at the last described point to the tangent of said last described arc, a distance of 94.00 feet; thence Northwardly along the arc of a circle, convex to the west, having a radius of 5648.65 feet and concentric with said Easterly property line, an arc distance of 432.22 to its intersection with said Westward extension of the South line of Osterman Avenue and thence East along said South Street line, a distance of 97.47 feet to the point of beginning; containing 39,053 square feet of land, more or less.