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1986-12-15 - Resolution 1986-84 - AUTHORIZING EXECUTION OF AN AGREEMENT IN REGARDS TO CONDEMNATION OF CERTAIN REAL PROPERTYt2/3/86 rrEtl fir, (P) Resolution No. 86- 84 Resolution Author iz ing Execution of an Aqreement whereaa. it is in the best interests of the Village of Buffalo Grove to enter into the attached Agreement in regards to condennation of certain real ProPerty. Now Therefore Be It Resolved by the President and Board of Trustees of the village of Buffalo Grove, Cook and Lake Counties, IlIinois. tha t: Section I.The Village President and Village Clerk are hereby at tachedauthorized to execute that certain Agreement which is hereto and nade a part hereof as Exhibit A. Section 2. This Resolution shal1 be in fulI force and effect and approval.from and after its Passage Ayes:3 - Glover, Reid, Shields Naye s I 2 - O'Rel11y, Kowalski Absent : Passed: I - MarlenEhal Deceuber 15 r986 APproved: December 15, 1986 At te st-: 'I St"L-^ Vi rk Approved: --2 illage Pres ident / t2/3/86 AGREEMENT TEIS AGREEI'mNT nade this 15th day of December, 1986, by and between IOWN CENTER ASSOCIATES, an Illinois partnership (herein- after 'DeveJ.opern), and THE VILLAGE OF BUFFALO GROVE. An Illinois nunicipal corporation (hereinafter "Villagei). W I T N E S S E T H, IiHEREAS, Developer is developing a parcel of land in the Village of Buffalo Grove, conrnonly known as The Town Center (hereinafter 'Developnentr) ; and WHEREAS, the property comnonly known as the Gerschefshe Parcel (hereinafter "Parcel'), rnore fuIIy set forth and described on Exhibit 'A' attached hereto and made a part hereof, is situated in the Developmenti and IiHEREAS. Developer has nade repeated good faith attempts to purchase the Parcel and has been unsuccessful in its negotia- tions; and WHEREAS. the Parcel is inrpor tant to the overall design and construction of the Developnent since public roadways are to be situated thereoni and WHEREAS, Developer has requested that the Village exercise its power of erninent domain to obtain the Parcelt and WIIEREAS, Developer has agreed to pay any and all costs and attorneysr fees incurred by the Village in its exercise of eminent donain. NOW TUEREFORE, it is hereby agreed that for the sun of Ten Dollars ($I0.00), in hand paid, and other good and valuable consitleration, the receipt and sufficiency of which is hereby and herein acknowledged: 1. That the Village shall exercise its power of eninent domain and immediately institute condemnation proceedings against the Parcel. 2. That !{arc K. Schwartz of the law firm of Batler, Capitel & Scht artz shall be appointed co-counsel in said conden- nation proceedings and shall ivork in conjunction rrith and at the direction of the village attorney in pursuing said condennation. 3. That Developer shall pay any and all costs and expenses incurred by the ViIIage in regard to this matter including, but not limited to, attorneyrs fees incurred for the services of the Village Attorney and co-counsel and, further, Developer does hereby indemnify and hold the viIlage, its employees, officers, agents and departnents harnless from any and all actions, causes of action, debts, sums of money, accounts, controversies, agreements, pronises, damages, judgnents, claims and demands or for any reason, matter, thing or cause whatsoever arising out of the Villages or Developers actions taken hereunder. 4. That the Developer shall deposit with the village the surn of $101000.00 as and for a guarantee of payrnent for Develop- ers' obligations under this agreement. VILLAGE-- OF BUFFALO GROVE TOWN CENTER ASSOCIATES By (_/By,.i, 12/3/86 Exhibit A to Agreement Dated December 15, 198 6 Between Town Center Associates & the ViIIaqe of Buffalo crove, I Ilinois LEGAL DESCRIPTION OF PARCEL Parcel 1r That part of the south west Quarter of Section 33, Township 43 North, Range I1, East of the Third Principal Merid- ian, described as follows: Beginning on the South line of said South West Quarter of Section 33 at a point 952.6 feet West from the South East corner thereof; thence North 9 degrees 37 l/2 minutes West along the Center Line tangent and center line of state Route No. 83, 508 feet to the South East corner and point of beginning of this description; thence west parallel to the South line of said south west quarter of Section 33, 280 feet; thence North 9 degrees 37 L/2 minutes West parallel to the center Iine of State Route No. 83, 2OO feet thence East 280 feet to the center of State Route No. 83; thence South 9 degrees 37 L/2 minutes East 2OO feet to the place of beginning, in Lake County, Illinois. Parcel 2: That part of the South west Quarter of Section 33, Township 43 North, Range II, East of the Third Principal Merid- ian, described as beginning on the South Line of said South West Ouarter, Section 33 at a point 952.6 feet West from the South East corner of said South west Quarter of section 33i thence North 9 degrees 37 L/2 minutes west along the center line tangent and center line of State Route No. 83, 708 feet to the South East corner and place of beginning of this descriptioni thence west parallel to the South line of the South West Quarter of Section 13, ZZO feet; thence North 9 degrees 37 L/2 minutes West parallel to the center line of state Route No. 83, 212 feeti thence East 22O feet to the center of State Route No. 83; thence South 9 degrees 37 L/2 minutes East along the center Iine of State Route No. 83, 212 feet to the place of beginning' in take County, IIlinois. Parcel 3: That part of the South west Quarter of Section 33, Township 43 North, Range 11, East of the Third trincipal Merid- ian, delcribed as follows: Beginning on Ehe South line of said South West Quarter of Section 33 at a point 952.6 feet West fron the South East corner thereof; thence North 9 degrees 37 L/2 minutes West along the Center Line tangent and center line of State Route No. 83, 708 feet; thence $lest parallel to the south Iine of said South west Quarter of Section 33, 220 feet to the South East corner and point of beginning of this description; thence West 60 feeti thence North 9 degrees 37 l/2 minutes west 2L2 feeti thence East 60 feet; thence South 9 degrees 37 l/2 minutes East 212 feet to the place of beginning, in Lake County, IlIinois.