HomeMy WebLinkAbout001-R-23 Authorizing the Acquisition of the Real Property at 2404 Ridge Avenue through Eminent Domain1/9/2023
1-R-23
A RESOLUTION
Authorizing the Acquisition of the Real Property at
2404 Ridge Avenue through Eminent Domain
WHEREAS, the City of Evanston is empowered, pursuant to its home rule
authority and pursuant to the Illinois Municipal Code, 65 ILCS 5/11-61-1, to acquire by
eminent domain, real property that is useful, advantageous, and/or desirable for
municipal purposes or the public welfare; and
WHEREAS, there exists real property commonly known as part of 2404
Ridge Avenue (the “Subject Property”), legally described in Exhibit A, attached hereto
and incorporated herein by reference, located in the City; and
WHEREAS, the City has exercised a prescriptive easement to enter an
alley portion, approximately 320 square feet, of the Subject Property in order to
complete garbage and recycling pickup; and
WHEREAS, the City has tried multiple methods of acquiring this alley
portion of the Subject Property, including having a survey and appraisal performed and
offering to purchase this portion of the Subject Property from the property owner; and
WHEREAS, due to a conflict with the owner, continued use of the alley
portion of the Subject Property by the City may no longer be feasible; and
WHEREAS, the City needs this approximately 320 square foot alley
portion of the Subject Property in order to complete garbage and recycling pickup; and
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WHEREAS, this approximately 320 square foot portion of the Subject
Property is unimproved and causing runoff onto neighboring properties and it is
necessary for the City to acquire this portion of the Subject Property in order to grade
and improve it; and
WHEREAS, the acquisition of 320 square feet of vacant land on the
Subject Property, as depicted in Exhibit B, attached hereto and incorporated by
reference, for redevelopment requires the exercise of powers and performance of
functions relating to the government and affairs of the City,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: The foregoing recitals are found as fact and incorporated
herein by reference.
SECTION 2: The City Council hereby determines that acquisition of the
Subject Property for redevelopment by the City is a public purpose.
SECTION 3: Pursuant to the authority vested in the City Council through
the statutes of the State of Illinois and the home rule authority and ordinances of the
City, the City Council hereby determines that it is necessary and desirable that the City
acquire title to and possession of the Subject Property, and that said acquisition is
necessary and convenient to achieve the public purpose of redevelopment.
SECTION 4: The City Manager is hereby authorized, empowered and
directed to negotiate personally or through his designee(s) for and on behalf of the City
with the owner or owners of the Subject Property for the purchase thereof by the City.
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SECTION 5: In the event that the City Manager or his agents are unable
to agree with the owner of the Subject Property as to the compensation to be paid
therefore, then fee simple title to and possession of the Subject Property shall be
acquired by the City through condemnation and the City’s Law Departm ent is hereby
authorized, empowered and directed to institute proceedings in any court of competent
jurisdiction to acquire fee simple title to and possession of the Subject Property for the
City in accordance with the eminent domain laws of the State of Illinois and also
pursuant to its home rule authority and ordinances.
SECTION 6: This resolution and each of its terms shall be the effective
legislative act of a home rule municipality without regard to whether such resolution
should: (a) contain terms contrary to the terms of the current or subsequent non-
preemptive state law; or (b) legislative in a manner or regarding a matter not delegated
to municipalities by Illinois law. It is the intent of the City Council that, to the extent that
the terms of this resolution should be inconsistent with non-preemptive Illinois law, said
terms shall supersede said Illinois law to the extent of said inconsistency
SECTION 7: If any provision of this resolution or application thereof to
any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this resolution that can be given effect
without the invalid application or provision, and each invalid provision or invalid
application of this resolution is severable.
SECTION 8: This resolution shall be in full force and effect from and after
its passage, approval, and publication in the manner provided by law.
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SECTION 9: The findings and recitals herein are declared to be prima
facie evidence of the law of the City and shall be received in evidence as provided by
the Illinois Compiled Statutes and the courts of the State of Illinois.
_______________________________
Daniel Biss, Mayor
Attest:
______________________________
Stephanie Mendoza, City Clerk
Adopted: __________________, 2023
Approved as to form:
______________________________
Nicholas E. Cummings, Corporation Counsel
January 23
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EXHIBIT A
Legal Description
ALL THAT PART OF THE SOUTH 8 RODS OF THE NORTH HALF OF THE NORTH HALF OF
THE SOUTHWEST QUARTER LYING WEST OF RIDGE AVENUE IN SECTION 7,
TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, (EXCEPT
THE WEST 1038.5 FEET THEREOF MEASURED FROM THE WEST LINE OF SECTION 7
BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 39 IN R. CLARENCE BROWN’S
EVANSTON COMMUNITY GOLF CLUB SUBDIVISION, RECORDED APRIL 7, 1922 AS
DOCUMENT NO. 7455989, SAID NORTHWEST CORNER BEING ALSO ON THE SOUTH
LINE OF THE SOUTH 8 RODS OF THE NORTH HALF OF THE NORTH HALF OF THE
SOUTHWEST QUARTER OF SAID SECTION 7; THENCE SOUTH 89 DEGREES 52
MINUTES 51 SECONDS WEST (WITH THE BASIS OF BEARING BEING ASSUMED) ALONG
THE SOUTH LINE OF THE SOUTH 8 RODS OF THE NORTH HALF OF THE NORTH HALF
OF THE SOUTHWEST QUARTER OF SECTION 7, SAID SOUTH LINE BEING ALSO THE
NORTH LINE OF A 10 FOOT ALLEY AS ESTABLISHED BY R. CLARENCE BROWN’S
EVANSTON COMMUNITY GOLF CLUB SUBDIVISION, A DISTANCE OF 53.02 FEET TO THE
EAST LINE OF THE WEST 1038.5 FEET OF THE NORTH HALF OF THE NORTH HALF OF
THE SOUTHWEST QUARTER OF SAID SECTION 7, AS MEASURED FROM THE WEST
LINE OF SECTION 7; THENCE NORTH 00 DEGREES 09 MINUTES 57 SECONDS WEST,
ALONG SAID EAST LINE OF THE WEST 1038.5 FEET OF THE NORTH HALF OF THE
NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 41 NORTH,
RANGE 14 EAST, AS MEASURED FROM THE WEST LINE OF SECTION 7, A DISTANCE OF
6.00 FEET TO A LINE 6.00 FT NORTH OF AND PARALLEL WITH THE SOUTH LINE OF THE
SOUTH 8 RODS OF THE NORTH HALF OF THE NORTH HALF OF THE SOUTHWEST
QUARTER OF SAID SECTION 7; THENCE NORTH 89 DEGREES 52 MINUTES 51
SECONDS EAST, ALONG SAID LINE 6.00 FT NORTH OF AND PARALLEL WITH THE
SOUTH LINE OF THE SOUTH 8 RODS OF THE NORTH HALF OF THE NORTH HALF OF
THE SOUTHWEST QUARTER OF SECTION 7, A DISTANCE OF 54.75 FEET TO THE
NORTHEASTERLY EXTENSION OF THE WEST LINE OF LOT 39 IN SAID R. CLARENCE
BROWN’S EVANSTON COMMUNITY GOLF CLUB SUBDIVISION; THENCE SOUTH 15
DEGREES 55 MINUTES 12 SECONDS WEST ALONG SAID NORTHEASTERLY EXTENSION
OF THE WEST LINE OF LOT 39, A DISTANCE OF 6.24 FEET TO THE POINT OF
BEGINNING, IN COOK COUNTY, ILLINOIS.
PART OF PIN: 11-07-108-004-0000
COMMONLY KNOWN AS: Part of 2404 Ridge Avenue, Evanston, Illinois.
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EXHIBIT B
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450 SKOKIE BLVD. SUITE 105, NORTHBROOK, ILLINOIS, 60062
10
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