HomeMy WebLinkAboutS15-02 Ordinance No. S15-02
AN ORDINANCE
AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY
FOR PUBLIC PURPOSES
(122 S. Grove Avenue)
WHEREAS, the City Council of the City of Elgin has adopted
Ordinance Nos . S6-99, S1-02 , S2-02 , S3-02 and S4-02 proposing,
approving and creating the Elgin Central Area Tax Increment
Financing Redevelopment Plan and Project pursuant to the Tax
Increment Allocation Redevelopment Act at 65 ILCS 5/11-74 .4-1, et
seq. ; and
WHEREAS, the Elgin Central Area Tax Increment Financing
Redevelopment Project Area qualifies as and has been classified
as a Conservation Area as defined in Section 11-74 .4-3 of the Tax
Increment Allocation Redevelopment Act; and
WHEREAS, the property commonly known as 122 S . Grove Avenue,
Elgin, Kane County, Illinois is located within the Elgin Central
Area Redevelopment Project Area; and
WHEREAS, the City Council of the City of Elgin has
determined that it is necessary and desirable to acquire the
property commonly known as 122 S . Grove Avenue for the purpose of
achieving the objectives of the Elgin Central Area Tax Increment
Financing Redevelopment Plan and Project, including, but not
limited to, redevelopment of the Elgin Central Area Tax Increment
Financing Redevelopment Project Area and preventing the Elgin
Central Area Tax Increment Financing Redevelopment Project Area
from becoming a blighted area; and
WHEREAS, 65 ILCS 11-61-1 and 65 ILCS 11-74 .4-4 authorize the
City of Elgin to exercise the power of eminent domain to acquire
real property for the purpose of achieving the objectives of the
Elgin Central Area Tax Increment Financing Redevelopment Plan and
Project, including, but not limited to, redevelopment of the
Elgin Central Area Tax Increment Financing Redevelopment Project
Area and preventing the Elgin Central Area Tax Increment
Financing Redevelopment Project Area from becoming a blighted
area; and
WHEREAS, the City of Elgin is a home rule unit under the
Constitution of the State of Illinois and may exercise any power
and perform any function pertaining to its government and
affairs; and
WHEREAS, the acquisition of the property commonly known as
122 S. Grove Avenue located within the Elgin Central Area Tax
Increment and Financing Redevelopment Project Area for the
purpose of achieving the objectives of the Elgin Central Area Tax
Increment Financing and Redevelopment Plan and Project, including
but not limited to, redevelopment of the Elgin Central Area Tax
Increment Financing Redevelopment Project Area and preventing the
Elgin Central Area Tax Increment Financing and Redevelopment
Project Area from becoming a blighted area is a matter pertaining
to the government and affairs of the City of Elgin.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ELGIN, ILLINOIS :
Section 1 . That it is hereby determined that certain
property in the City of Elgin, Kane County, Illinois, commonly
known as 122 S . Grove Avenue, Elgin, Illinois, and hereinafter
legally described be acquired for the purpose of achieving the
objectives of the Elgin Central Area Tax Increment Financing
Redevelopment Plan and Project, including, but not limited to,
redevelopment of the Elgin Central Area Tax Increment Financing
Redevelopment Project Area and preventing the Elgin Central Area
Tax Increment Financing Redevelopment Area from becoming a
blighted area.
Section 2 . That it is hereby determined that it is
necessary and desirable that the City of Elgin shall acquire
title to and possession of the following described real property,
commonly known as 122 S. Grove Avenue, Elgin, Kane County,
Illinois, which property is necessary, required and needed for
the purpose of achieving the objectives of the Elgin Central Area
Tax Increment Financing Redevelopment Plan and Project,
including, but not limited to, redevelopment of the Elgin Central
Area Tax Increment Financing Redevelopment Project Area and
preventing the Elgin Central Area Tax Increment Financing and
Redevelopment Project Area from becoming a blighted area, lying
wholly within the limits of the City of Elgin, Illinois, to-wit :
PARCEL ONE:
That part of Lot 15 in Block 21 of James T.
Gifford' s Original Plat of Elgin, Kane County,
Illinois, described as follows : Commencing at a point
on the Northeasterly line of Lot 14 in said Block 21,
that is 22 . 0 feet Southeasterly of the Northeast corner
of said Lot 14 ; thence Southeasterly along said
Northeasterly line and along the Northeasterly line of
said Lot 15, 195 . 38 feet to a point of intersection of
said Northeasterly line with the Northwesterly line of
a 1 . 0 foot wide party wall extended Northeasterly for
the point of beginning; thence Southwesterly along said
Northwesterly line extended Northeasterly, and along
said Northwesterly line and along said Northwesterly
line extended Southwesterly, being along a line which
forms an angle of 89 degrees 57 minutes to the right
with the prolongation of the last described course,
81 . 08 feet to a point on the Southerly line of said
Lot 15; thence Easterly along said southerly line which
forms an angle of 147 degrees 02 minutes to the left
with the prolongation of the last described course, to
a line drawn Southwesterly as measured at right angles
to the Northeasterly line of said Lot 15, from a point
on said Northeasterly line which is 154 feet
Southeasterly of the Northeasterly corner of said lot;
thence Northeasterly along said line to the
Northeasterly line of said lot ; thence Northwesterly
along said Northeasterly line 2 . 62 feet to the point of
beginning, in the City of Elgin, Kane County, Illinois .
PARCEL TWO:
That part of Lot 15 in Block 21 of the original
Town of Elgin, Kane County, Illinois, as laid out by
James T. Gifford, described as follows : Beginning at a
point on the Easterly line of said lot and the Westerly
line of Grove Avenue (formerly River Street) , which is
154 feet Southerly on said line from the Northeasterly
corner of said lot; thence Southwesterly at right
angles with Grove Avenue and along the Southerly line
of a portion of said lot heretofore conveyed to
William H. Hintze to the North line of Prairie Street,
and the South line of said lot; thence East along the
South line of said lot to the Southeast corner of said
lot and to the Westerly line of Grove Avenue; and
thence Northwesterly along the Westerly line of Grove
Avenue and the Easterly line of said lot about 50 feet
and 6 inches to the place of beginning, Kane County,
Illinois .
Section 3 . That the City of Elgin has previously offered
to the owner of the above-described property the amount of the
appraisal obtained by the City of Elgin for such property being
the sum of $200, 000 as compensation for the above-described
property, and despite due and diligent efforts on the part of the
City of Elgin, the City of Elgin has been unable to agree with
the owner of the above-described property as to the compensation
to be paid therefor.
Section 4 . That title to and possession of the real
property legally described in Section 2 of this ordinance shall
be acquired by the City of Elgin by condemnation in accordance
with the laws of eminent domain of the State of Illinois, and the
Corporation Counsel and additional counsel as determined by the
Corporation Counsel are hereby authorized, empowered and directed
to institute appropriate proceedings in any court of competent
jurisdiction to acquire title to and possession of said property
for the City of Elgin in accordance with the eminent domain laws
of the State of Illinois .
Section 5 . That this ordinance shall take effect and be in
full force and effect from and after its passage.
Ed c ock, Mayor
Presented: September 25, 2002
Passed: September 25, 2002
Vote : Yeas: 5 Nays : 1
Recorded: September 26, 2002
Published:
Attest :
Dolonna Mecum, City Clerk