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ACQUISITION OF REAL ESTATE
Purpose: To set forth the rules and procedures governing the acquisition of real estate by the city for municipal purposes or public welfare.
Scope: Any and all real estate acquired by the city shall be done so in a manner prescribed below unless otherwise approved by the City Council as being in the best interest of the city. The city recognizes the value of following generally accepted real estate transaction practices to insure a fair and equitable transaction has occurred for both the city and property owner.
Authority: Authority for acquisition of real property is established and governed by state statute. Eminent domain is utilized to accomplish such acquisition through court action in the event an agreement cannot be reached with the property owner (Ill. Rev. Stat. Ch. 110, §§ 7-101 et seq.).
Private property shall not be taken for public use without payment of just compensation or the consent of the property owner to donate the property to be acquired.
1.The City Council either on its own accord or upon recommendation of staff or boards and commissions shall determine that property is needed to be purchased and direct staff to obtain a competent appraisal of said parcel. A minimum of one appraisal by a certified M.A.I. appraiser is required for all parcels (excluding donation) and at least three appraisals or opinion of value shall be obtained on parcels in contested condemnation cases; one appraiser hired by the city, one appraiser hired by the property owner, and a third appraiser approved by the other two. The three appraisers shall agree upon and submit one value.
2.Upon receipt of the appraisal the City Manager shall review the valuation evidence and recommend to the City Council that the appraisal be accepted, rejected or reviewed by a qualified reviewing appraiser. If the City Council determines that the appraisal is acceptable, it shall direct staff to notify the property owner and indicate the City’s offer and the full effect of the purchase. The City Council or its designee, and City Attorney shall negotiate with the property owner and attempt to secure a settlement within the purchase price parameters set forth by the City Council. No designee shall be appointed who maintains any interest, either personal or business, with said property owner or otherwise have a conflict under the city code.
3.If a negotiated settlement is not reached through normal negotiation procedures, the City Council shall determine, prior to the filing of condemnation proceedings, whether circumstances warrant an offer greater than that previously negotiated. Such circumstances may include, but not be limited to: appraiser’s estimate of fair market value, recent awards by condemnation juries, and cost to city of condemnation litigation. Under no circumstances should a settlement be made solely to avoid condemnation proceedings.
4.If the City Council is unable to reach a fair settlement, then the City Council shall convene a three member board to review the matter as set forth in the City Charter, Article VIII, Section 2.
5.Condemnation shall only be used if the City Council and Board of Commissioners are of the opinion that a reasonable negotiated agreement cannot be reached. The City Council shall notify the City Attorney to initiate condemnation proceedings and notify the property owner of the same. At any time after acquisition has been submitted for condemnation, but prior to a court decision, the City Council may agree on a settlement offer, if it is reasonable and in the best interest of the city. The City Council shall then direct the City Attorney to notify the courts that a condemnation proceeding is no longer necessary.
6.Prior to any final determination of value and real estate closing, the City Council shall determine if any special studies or tests shall be undertaken to ascertain the suitability of land for public use. Such tests or studies may include, but not be limited to: soil conditions, drainage and retention needs, floodplain and wetlands mitigation requirements, demolition and underground tank removal, hazardous waste problems and the condition of title free of any continuing use restrictions.
7.Unless otherwise determined to be in the best interest of the city, the first reading of an ordinance purchasing real estate shall be held a minimum of 30 days prior to any real estate closing.
Authorizing a final bona fide offer to purchase and authorizing the institution of eminent domain proceedings to acquire fee simple title to property located at 896 Waukegan Road.
Providing for and authorizing the acquisition of Lot 11 (except the north 100 feet) in Sheridan Manor Subdivision in the NE 1/4 of Section 28, Township 44 North, Range 12 east of the Third Principle Meridian for public purposes.
Authorizing the institution of eminent domain proceedings to acquire fee simple title to certain property located at 1180, 1160 and 1150 Everett Road.
Authorizing the sale of city-owned property described as Outlot A in Windridge Subdivision, being a subdivision of part of the SE 1/4 of the NW 1/4 and part of the N 1/2 of the SW 1/4 of the NE 1/4 of Section 18, Township 43 North, Range 12 East of the Third Principal Meridian lying west of Telegraph Road, Document #2705741.
Authorizing the sale of city-owned property described as that part of the S 1/2 of the SW 1/4 if the SW 1/4 of Section 31, Township 43 North, Range 12 east of Third Principal Meridian lying southerly of the centerline of Melody Road, westerly of the westerly right-of-way of Chicago, Milwaukee & St. Paul Railway and northerly of the northerly right-of-way of Route 60 Kennedy Road.
Authorizing a final bona fide offer to purchase and authorizing the institution of eminent domain proceedings to acquire fee simple title to property located at 361 and 355 East Westminster Avenue.
Providing for a recapture agreement on behalf of the city with Raymond T. Larson, as subdivider of the Larson/Michels/Ross Subdivision, to recapture those pro-rata costs attributable to the benefitting lots in the Stanton Subdivision.
Requesting transfer of the city’s proportionate share of the Middle Fork Savannah.
Designating surplus public real estate described as the easterly 898.06 feet in the following: that part if the S 1/2 of the NW 1/4 of the NW 1/4 of Section 31, Township 44 North, Range 12 east of the Third Principal Meridian, lying east of the centerline of the West Skokie Drainage Ditch and the west 320 feet of the S 1/2 of the NE 1/4 of the NW 1/4 of said Section 31, Township 44 North, Range 12 east of the Third Principal Meridian and the authorizing the sale of the same.
Approving the ground lease between First Chicago Building Corporation and the city for a portion of the property located at 300 East Illinois Road.
Authorizing the lease of the property at 361 East Westminster to the Lake Forest-Lake Bluff Historical Society for a term not to exceed 20 years.
Approving a 20-year lease between the Gorton Community Center Commission and the city for the continued use of the former Gorton School located at 400 East Illinois Road.
Authorizing the acquisition of six parcels of real estate to expand the Lake Forest Municipal Services Center from it’s current size of seven to approximately ten and one-half acres.
Authorizing the acquisition of real estate for the construction of a temporary bridge requiring the acquisition of a one-acre parcel located north of Deerpath and immediately east of the East Skokie Drainage Ditch (commonly known as 500 Golf Lane).
Declaring as surplus and directing its sale of a parcel of property approximately 11,680 square feet in area that was part of the site of a former water tower, which property is located east and adjacent to the property known as 1188 Estate Lane.
Authorizing the exchange of certain real property interests located at 1260 Green Bay Road and known as the Ragsdale property with the adjacent property located at 1272 Green Bay Road.
Directing the sale of surplus real property (Westleigh Road right-of-way/triangle).
Authorizing and directing negotiations for the acquisition of approximately 10.5 cares at the northwest corner of Laurel and Western Avenues.