HomeMy WebLinkAboutG43-21 Ordinance No. G43-21
AN ORDINANCE
AUTHORIZING THE EXERCISE OF THE CITY OF ELGIN'S POWERS OF EMINENT
DOMAIN AND THE ACQUISITION THROUGH CONDEMNATION OF CERTAIN REAL
PROPERTY FOR THE CITY OF ELGIN'S DUNDEE/SUMMIT INTERSECTION
IMPROVEMENT PROJECT
(470 Dundee Avenue, Elgin, Illinois)
WHEREAS, 65 ILCS 5/11-61-1 provides that the corporate authorities of Illinois
municipalities may exercise the right of eminent domain to acquire by condemnation proceedings
property determined to be useful, advantageous, or desirable for municipal purposes or the public
welfare; and
WHEREAS,the City of Elgin(the"City")is a home rule municipality as defined in Article
VII, Section 6(a) of the 1970 Constitution of the State of Illinois and, as such, may exercise any
power and perform any function pertaining to its government and affairs; and
WHEREAS, the corporate authorities have determined it to be useful, advantageous, and
desirable to construct and perform certain right-of-way improvements at and around the
intersection of Dundee Avenue and Summit Street, said improvements referred to as the
Dundee/Summit Intersection Improvement Project(the"Project"); and
WHEREAS, the corporate authorities have further determined that it is necessary, useful,
advantageous, desirable, and in the best interests of the City to acquire for the Project a portion of
certain real property commonly known as 470 Dundee Avenue, Elgin, Illinois, as well as a
temporary construction easement over a portion of the property(the "Subject Property"); and
WHEREAS,the City obtained an appraisal of the fair market value of the property sought
to be acquired by the City and the temporary construction easement, and made an offer to the
owner of the Subject Property to pay compensation in the amount of the appraised value for the
property interests required by the City for the Project; and
WHEREAS, the City has in good faith engaged in negotiations with the owner of the
Subject Property, through its attorney, but has been unable to reach an agreement with the owner
for the acquisition by the City of the property interests required for the Project; and
WHEREAS, the corporate authorities desire to adopt this ordinance authorizing the
exercise of the City's eminent domain powers and the acquisition of the property interests required
for the Project through the City's power of condemnation.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That the recitals set forth above are hereby adopted and incorporated into
this Ordinance.
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Section 2. That it is necessary, useful,advantageous, and desirable for the Project that
the City acquire by eminent domain fee simple title to a portion of the real property commonly
known as 470 Dundee Avenue, Elgin, Kane County, Illinois 60123, Permanent Index Numbers
06-12-378-018 and 06-12-378-019, said real property to be acquired being legally described as
follows:
That part of Lots 1, 2. 3, and 4 in Babbitt's Addition to Elgin, being a subdivision
of part of Section 12, Township 41 North, Range 8 East of the Third Principal
Meridian, in Kane County, Illinois, bearings and distances based on the Illinois
State Plane Coordinate System, East Zone, NAD83 (2011 Adjustment), with a
combined factor of 0.999975, described as follows:
Beginning at the intersection of the Westerly line of Dundee Avenue and the
Southerly line of Summit Street; thence South 35 degrees 00 minutes 00 seconds
West along the Westerly line of Dundee Avenue, a distance of 237.97 feet to the
intersection with the Northerly line of Seneca Street; thence North 55 degrees 13
minutes 00 seconds West along said Northerly line, a distance of 4.00 feet; thence
North 35 degrees 00 minutes 00 seconds East, a distance of 146.78 feet; thence
North 29 degrees 09 minutes 48 seconds West, a distance of 98.36 feet to a point
on the Southerly line of Summit Street; thence South 29 degrees 36 minutes 17
seconds East along said Southerly line, a distance of 15.50 feet to the point of
beginning, in Kane County, Illinois; said parcel containing 0.033 Acres, more or
less.
Section 3. That it is necessary,useful,advantageous, and desirable for the Project that
the City acquire by eminent domain a temporary construction easement over a portion of the real
property commonly known as 470 Dundee Avenue, Elgin, Kane County, Illinois 60123,
Permanent Index Numbers 06-12-378-018 and 06-12-378-019, said temporary construction
easement to be acquired being legally described as follows:
That part of Lot 3 in Babbitt's Addition to Elgin, being a subdivision of part of
Section 12, Township 41 North, Range 8 East of the Third Principal Meridian, in
Kane County, Illinois, bearings and distances based on the Illinois State Plane
Coordinate System,East Zone,NAD83 (2011 Adjustment),with a combined factor
of 0.999975, described as follows:
Commencing at the intersection of the Westerly line of Dundee Avenue and the
Southerly line of Summit Street; thence North 29 degrees 36 minutes 17 seconds
West along said Southerly line, a distance of 15.50 feet; thence South 29 degrees
09 minutes 48 seconds East, a distance of 95.41 feet to the point of beginning;
thence North 54 degrees 54 minutes 37 seconds West,a distance of 4.70 feet;thence
South 35 degrees 00 minutes 00 seconds West, a distance of 48.00 feet; thence
South 54 degrees 54 minutes 37 seconds East, a distance of 00 feet; thence North
35 degrees 00 minutes 00 seconds East, a distance of 45.07 feet; thence North 29
degrees 09 minutes 48 seconds West, a distance of 2.95 feet to the point of
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beginning, in Kane County, Illinois; said parcel containing 0.006 Acres(240 square
feet), more or less.
Section 4. That the corporate authorities have been advised of the history of
negotiations for the acquisitions required by the City, and find that City staff has engaged in good
faith negotiations to reach an agreement for such acquisitions and has been unable to reach such
an agreement with the owner of the property.
Section 5. That the Corporation Counsel, and his designees be, and hereby are,
authorized, empowered, and directed to take the necessary steps to acquire by condemnation the
property interests in the Subject Property described herein, and to institute condemnation
proceedings in the Circuit Court of Kane County in the name of the City of Elgin for the purpose
of acquiring title to and possession of said property, in accordance with the eminent domain laws
in the State of Illinois.
Section 6. If any section, paragraph, or provision of this Ordinance shall be held to be
invalid or unenforceable for any reason, the invalidity or unenforceability of such section,
paragraph, or provision shall not affect any of the remaining provisions of this Ordinance.
Section 7. That all ordinances or parts of ordinance in conflict with the provisions of
this Ordinance be and are hereby repealed to the extent of any such conflict.
Section 8. That this Ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
David J. Ka in, yor
Presented: August 25, 2021
Passed: August 25, 2021
Vote: Yeas: 9 Nays: 0 0 ,;SF<U
Recorded: August 25, 2021 �h
Published: August 27, 2021 '�
Attest:
Kimberly Dewis, ty Clerk
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