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O-02-43VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-02-43 AN ORDINANCE AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY FOR PUBLIC PURPOSES OF THE VILLAGE OF DEERFIELD PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 7th day of October , 2002. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 22ndday of October 2002. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-02-43 AN ORDINANCE AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY FOR PUBLIC PURPOSES OF THE VILLAGE OF DEERFIELD WHEREAS, the President and Board of Trustees of the Village of Deerfield have designated the Village Center as a Redevelopment Project Area in accordance with the requirements of the Illinois Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11- 74.4 -1, et seq., and WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that it is necessary, desirable and in the public interest that certain real property located within the Village Center Redevelopment Project Area, commonly known as the former Lindemann Pharmacy property, 758 Deerfield Road, Deerfield, Illinois, and described on Exhibit A attached hereto (the "Subject Property''), be acquired by the Village of Deerfield for public use as a municipal parking lot and for redevelopment project purposes; and, NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows: SECTION 1: That the above and foregoing recitals are by this reference incorporated in and made a part of this ordinance as if fully set forth herein. - 1 - SECTION 2: That it is necessary,' convenient and desirable that the real property described on Exhibit A attached hereto and made a part hereof (the "Subject Property ") be acquired by the Village of Deerfield for public use as a municipal parking lot and for redevelopment project purposes. SECTION 3: That the Village Manager and the Village's attorneys are hereby authorized and directed to negotiate for and on behalf of the Village of Deerfield for the purchase of the Subject Property, and to make a final offer of just compensation for the acquisition of fee simple title to the Subject Property. SECTION 4: In the event that the Village Manager and the Village's attorneys are unable to reach agreement with the owner of the Subject Property as to the amount of compensation to be paid for the acquisition of the Subject Property, the Village's attorneys are hereby authorized and directed to institute proceedings in the Circuit Court of the Nineteenth Judicial Circuit, Lake County, Illinois, to acquire fee simple title to the Subject Property by power of eminent 'domain pursuant to the Village's home rule authority and the authority provided by the Constitution and laws of the State of Illinois. SECTION 5: That the Village's attorneys are further authorized and directed to retain such appraisers, engineers, surveyors and other professionals as may be deemed necessary and . appropriate for the acquisition of fee simple title to the Subject Property as provided herein. SECTION 6: This Ordinance, and each of its terms, shall be the effective legislative act of a home rule municipality without regard to whether such Ordinance should: (a) contain terms contrary to the provisions of current or subsequent non - preemptive state law; or, (b) legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the intent of the -2- corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall supersede state law in that regard within its jurisdiction. SECTION 7: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. PASSED this 7th day of October , 2002. AYES: Kayne, Ragona, Rosenthal, Seiden,.Swanson, Wylie (6) NAYS: None (0 ) ABSENT: None (0 ) ABSTAIN: None (0 ) APPROVED this 7th day of ATTEST: Village Clerk -3- Exhibit A All of Lot 2, except the East 75 feet thereof,, in Block 2 in the Original Plat of The Village of Deerfield in the Southwest 1/4 of Section 28, Township 43 North, Range 12 East of the 3rd Principal Meridian, in Lake County, Illinois. PIN 16 -28 -321 -009, commonly known as 758 Deerfield Road, Deerfield, Illinois. -4-