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O-99-28ORDINANCE NO. 0 -99- 2 8 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 as soon as possible for redevelopment purposes; and WHEREAS, the Mayor 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; and NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS: SECTIO N That it is hereby determined that the property legally described on ONE: Exhibit A -be acquired for the purpose of downtown redevelopment. That the 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. E TI N That it is hereby determined that it is necessary, useful, TWO: advantageous and desirable that, as soon as possible, the Village shall acquire title to and possession of the real estate described on Exhibit A, 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 NO. 0-99- 2 8 AN ORDINANCE AUTHORIZING THE ACQUISITION OF REAL ESTATE WITHIN THE VILLAGE CENTER TAX INCREMENT FINANCING REDEVELOPMENT PROJECT AREA E TION 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. SE TIO 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 therefore, then title and possession of said real property legally described hereinabove shall be acquired by the Village of Deerfield through eminent domain, including quick -take proceedings, 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. SEC I N 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: Harris, Ragona, Seiden, Swanson (4) NAYS: None (0 ) ABSENT: Rosenthal (1) RECUSE: Heuberger PASSED this 17thday of May , A.D. 1999. APPROVED this 17tbday of May , A.D. 1999. V LLAGE.PRESIDENT ATTEST: VITVXGE CLERK LEGAL DESCRIPTIONS: PARCEL 1: LOT 1 IN MEIER'S RESUBDIVISION BEING A RESUBDIVISION OF LOT 1 IN WILLIAM W. CLARK'S SUBDIVISION IN SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, AND PART OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP AND RANGE AFORESAID ACCORDING TO THE PLAT OF SAID MEIER'S RESUBDIVISION RECORDED JULY 25, 1962, AS DOCUMENT 1156629, IN BOOK 38 OF PLATS, PAGE 50, IN LAKE COUNTY, ILLINOIS. PARCEL 2: LOT 3 (EXCEPT THE EASTERLY 75 FEET MEASURED AT RIGHT ANGLES TO THE EASTERLY LINE THEREOF) IN LYNN'S WHITTIER AVENUE SUBDIVISION, BEING A SUBDIVISION IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 13, 1953 AS DOCUMENT 799408, IN: BOOK 1193 OF RECORDS, PAGE 413, IN LAKE COUNTY, ILLINOIS. PARCEL 3 (EASEMENT): EASEMENT FOR INGRESS AND EGRESS OVER THE WEST 13.9 FEET OF LOT 1 IN LYNN'S WHITTIER AVENUE SUBDIVISION FOR ACCESS TO AN ALLEY LYING NORTH AND ADJOINING SAID LOT 1 AS CREATED BY INSTRUMENT DATED FEBRUARY 1, 1956 AND RECORDED MARCH 4, 1966 AS DOCUMENT 1296517. PARCEL 4: THAT PART OF THE NORTHWEST QUARTER OF SECTION 33, i TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 IN WILLIAM W. CLARK'S SUBDIVISION AFORESAID; THENCE SOUTH 32 1/2 FEET; THENCE WEST 31 FEET; THENCE NORTH 161/ FEET; THENCE WEST 39.35 1 FEET; THENCE NORTH 16 FEET, TO THE SOUTHWEST CORNER OF LOT 1 IN SAID WILLIAM W. CLARK'S SUBDIVISION; THENCE EAST ALONG THE SOUTH LINE OF AID LOT 1 TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. PARCEL 5: THAT PART OF LOT 8 IN THE "OWNER'S FIRST ADDITION TO DEERFIELD," BEING A SUBDIVISION OF PART OF THE NORTH HALF OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF! RECORDED SEPTEMBER 25, 1915 AS DOCUMENT 151061, IN BOOK "J" OF PLATS, PAGES 46 AND 47, DESCRIBED AS FOLLOWS, TO- WIT: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 8 AND RUNNING THENCE SOUTH 3 DEGREES EAST ON THE EAST LINE OS SAID LOT, 88.5 FEET; THENCE SOUTH 69 DEGREES EAST, 331.33 FEET TO THE EASTERLY LINE OF LINCOLN AVENUE; THENCE NORTH 31 DEGREES 39 MINUTES 45 SECONDS WEST ALONG THE EASTERLY LINE OF SAID AVENUE, 100.55 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 8 AND THENCE NORTHEASTERLY TO THE POINT OF BEGINNING (EXCEPTING THEREFROM THAT PART THEREOF FALLING WITHIN THE LIMITS OF LOT 1 OF "LYNN'S WHITTIER AVENUE SUB "), IN LAKE COUNTY, ILLINOIS, AND THAT PART OF LOT 9 (EXCEPT THEREFROM THE EASTERLY 50 FEET THEREOF MEASURED ALONG A LINE DRAWN AT RIGHT ANGLES TO THE EAST LINE OF LOT 9) (AND EXCEPT THAT PART FALLING IN LINCOLN AVENUE) IN AFOREMENTIONED "OWNER'S FIRST ADDITION," IN LAKE COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 9 AND HEADING EASTERLY ALONG THE NORTH PROPERTY LINE A DISTANCE OF 20 FEET, THEN PROCEEDING SOUTHERLY PARALLEL TO THE WEST i PROPERTY LINE A DISTANCE OF 110.9 FEET AT THE SAME 20 FEET FROM THE WEST PROPERTY LINE, CONTINUING SOUTHERLY A j DISTANCE OF 75.6 FEET TO A POINT 9 FEET EAST OF THE WEST PROPERTY LINE, THEN SOUTHEASTERLY A DISTANCE OF 60.3 FEET TO A POINT 49.3 FEET EAST OF THE WEST PROPERTY LINE THEN SOUTHERLY 12.3 FEET TO THE SOUTH PROPERTY LINE AT A POINT 47 FEET EASTERLY OF THE WEST PROPERTY LINE, THEN PROCEEDING WESTERLY ALONG THE SOUTH PROPERTY LINE TO THE EAST RIGHT -OF -WAY LINE FOR WAUKEGAN ROAD (11-43), THENCE NORTHERLY ALONG THE WEST PROPERTY LINE TO THE POINT OF BEGINNING.