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TO: Mayor Richard C. Irvin
FROM: Tim Weidner, P.E., Engineering Coordinator
DATE: January 30, 2020
SUBJECT:
An Ordinance providing for the acquisition of certain real estate located on East New York Street, between Farnsworth Avenue and Welsh Drive, through eminent domain or otherwise.
PURPOSE:
To authorize the City to use eminent domain to acquire of right-of-way for the East New York Street - Segment III (Farnsworth Avenue to Welsh Drive) Project.
BACKGROUND:
The City has been awarded various federal funds for the East New York Street - Segment III (Farnsworth Avenue to Welsh Drive) widening and reconstruction project as noted under separate cover - draft 20-0029 on the 1/30/20 agenda. During design, it was determined that twenty (20) parcels required additional right-of-way, permanent easement and/or temporary easements to construct the improvements. The current number of parcels needed for acquisition is seventeen (17), all of which are shown on the attached plat exhibit. Santacruz Land Acquisitions has been providing land acquisition negotiation services on behalf of the City. At this time we are requesting authorization to use eminent domain on one of the parcels. The subject parcel is at the southwest corner of Eastern Avenue and East New York Street (shown as parcel 11, highlighted in purple on the attached exhibit).
DISCUSSION:
The City through Santacruz Land Acquisitions has had ongoing discussions with the owner of the Subject Property. Ultimately both parties agreed to a price for the acquisition. However, the property has an outstanding judgment and several federal tax liens against it. Therefore it was recommended by the Illinois Department of Transportation (IDOT), Santacruz and our outside counsel (Klein, Thorpe & Jenkins, Ltd.) that the only viable option to acquire the property was by filing for eminent domain. The eminent domain case will allow the City to have just compensation fixed, after which the City would deposit the ...
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