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HomeMy Public PortalAboutResolution 1400RESOLUTION NO. 1400 A RESOLUTION REQUESTING APPROVAL OF LEGISLATION BY THE ILLINOIS GENERAL ASSEMBLY AUTHORIZING THE VILLAGE OF PLAINFIELD TO ACQUIRE CERTAIN PROPERTY BY EMINENT DOMAIN USING "QUICK-TAKE" POWERS UNDER SECTION 7-103 OF THE CODE OF CIVIL PROCEDURE WHEREAS, the Illinois General Assemble requires that before property may be acquired by eminent domain using "quick-take" powers under Section 7-103 of the Cade of Civil Procedure, a resolution must be adopted requesting such approval; and WHEREAS, said resolution must also include a statement of the time period within which the unit of local government requests authority to exercise "quick-take" powers, which may not exceed one year; NOW THEREFORE BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, WILL AND KENDALL COUNTIES, ILLINOIS AS FOLLOWS: I. That the Village of Plainfield hereby requests appraval of legislation by the General Assembly authorizing the Village of Plainfield to acquire certain property described herein by eminent domain using "quick-take" powers under Section 7-103 of the Code of Civil Procedure. II. The Village of Plainfield hereby requests authority to exercise said "quick- take" powers as to said property on or before December 1, 2004 Passed this 19th day of Januarv, 2004. AYES: Thomson, Waldorf, Collins, Swalwell, O'Connell. NAYS: Fay ABSENT: Rack ?r©rre~t tf~is Yn 1_9th day of Januarv, 2004. -- - _` - _-~ ~ .~ VILLAGE PR SIDENT ATT~E T`- `;~ . - VILLAGE CL ` r The Village intends to so acquire approximately 0.511 acres, more or less, beginning at the southeasterly corner of Outlot A, thence South 45 degrees 31 minutes SO seconds West along the south line of the aforesaid Outlot 147.49 feet to the southwesterly corner of the aforesaid Outlot; thence North 0 degrees 0 minutes 26 seconds East along the west line of the aforesaid Outlot 221.82 feet; thence on a northwesterly bearing 134.05 feet to a point an the east line of the aforesaid Outlot that is 201.53 feet north of the southeasterly corner; thence southerly along the east line of the aforesaid Outlat 201.53 feet to the point of beginning; containing 0.511 acres, more or less, all in Will County, Illinois. That part of Outlot "A" in Indian Oaks Estates Unit Six, a subdivision of part of the Southeast Quarter of Section 17 in. Township 36 North and Range 9 East of the Third Principal Meridian, in Will County, Illinois, accarding to the plat thereof recorded April 6, 1989 as Document Number R89- 15582. The Village also intends to also acquire approximately 0.585 acres, more or less, of which 0.417 acres, more or less, is in existing U.S. Route 30 and 135`" Street (Filcher Road) right of way beginning at a P.K. Nail marking the southwest corner of said Section 33; thence on an assumed bearing of North 00 degrees 30 minutes 36 seconds West 523.00 feet along the west line of the Southwest Quarter of said Section 33; thence Narth 89 degrees 29 minutes 19 seconds East 40.00 feet; thence South 00 degrees 30 minutes 36 seconds East 379.66 feet along a line 40.00 feet easterly of and parallel to the west line of the Southwest Quarter of said Section 33; thence South 26 degrees 12 minutes 37 secands East 115.56 feet to a point on the northerly existing right of way line of 135tr, Street (Filcher Road); thence Soutb 00 degrees 00 minutes 24 secands East 40.00 feet to a point on the south line of the Southwest Quarter of said Section 33; thence Sauth 89 degrees 59 minutes 36 seconds West 89.76 feet along the south line of the Southwest Quarter of said Section 33 to the Paint of Beginning. .. Vu.~nce ur• PLAINFIELD ~ ~ ~ ~ MEMO To: Mayor Rock and the Board of Trustees r_~ ~ r ~ ~ ~ From: T.L. Burghard ~~ ~- ~` F ,.1 ..^. .. Date: January 14, 2004 w, Subject: Property Acquisition Public Hearing Richard A. Rock PRESIDL• NT Susan Janik VILLAGE CLEKK TRLJSTF,F,S Michael Collins Paul ray Kathy O'Connell 1Zon Swalwell Stephen Thomson James A. Waldorf Legislative rules require the Village to conduct a formal Public Hearing regarding our intention to request quick take authority from Springfield. Quick take is a name commonly used to refer to a procedure to acquire real estate through eminent domain. Should such authority be granted, the Village is still required to compensate the owner at the fair market value usually determined through appraisals. The settlement price between the govermmental agency and the property owner can and does take place usually after the court awards the property to the governmental agency. The legislation shortens the procedure to acquire the property. Legislative rules also require placing a "notice" in the local paper and written notification of local representatives as well as some other key members of the legislature. Additionally, a certified written offer must be made to the owner. The Village has published its "notice" and made written offers based upon appraisals. This matter comes to you subsequent to your direction last fall when we petitioned Springfield during the Veto Session. Unfortunately, it was not addressed during the session and the House adopted new rules somewhat different from the Senate's adaption of rules in the prior year. l•iolding the public hearing and publishing the written notice are two of the newly adopted rules. The primary purpose of this legislation is to assist the Village in acquiring a small parcel of land to extend our lake water distribution system to the south. The first property is commonly referred to as the Sharp piece. at'the end of New Van Dyke Road. -Its title commitment shows the property as "unbuildable". Nevertheless, the.law~ requires compensation; It is approximately .521 acres'-in size and valued °at $27,000. The second piece is at the northeast corner of Route 30 and 135' Street. .The owner is the Pitcher Trust. We have-tried for several years to acquire. the property and it will'also be instrumental in widening the intersection and installing permanent traffic signals. It is approximately ,.585 acres in size and the appraisal is yet incomplete. We continue to ask-the owner to donate the property; but there still remains a final solution. All other parcels required for the extension of oLlr lake ~~~ater distribution have been acquired: Often, we find settlement on such parcels ~~~hen the o~~71er completely understands our intention to proceed. The owner's rights are protected by law and any final award n--ust be approved lay a local court. CC: Allen Persons Jim Harvey ~4Oud ~~: Lockport titreet Piainfeld IL 60544 Phone (815) 436-x(_)95 Fax (815 43(i-1950 Wek~ www:plainfield-il.c~rg