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HomeMy WebLinkAboutG32-81 Ordinance No. G32-81 AN ORDINANCE AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY FOR OPEN SPACE WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to secure Fox River frontage for public open space use; and WHEREAS, in order to secure such Fox River frontage it is necessary to acquire certain property hereinafter legally described for municipal purposes; and WHEREAS, the City of Elgin is a home rule unit authorized to exercise any power and perform any function relating to its government and affairs; and WHEREAS, the acquisition of certain property for open space is within 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 riverfront property in the City of Elgin, Kane County, Illinois, hereinafter described, be acquired for such public open space purposes. 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, which property is necessary, required and needed for the purpose of public open space use, lying wholly within the limits of. the City of Elgin, to-wit: PARCEL 1 The Southerly 127.5 feet of Lot 14 of Carpenter's Fox River Addition in the City of Elgin, Kane County, Illinois. PARCEL 2 That part of Lot "C" of North Park Addition to Elgin lying Northerly of the Northerly line of the right of way of the Chicago and North Western Railway Company and West of a line drawn 198 feet East of and parallel with the West line of said Lot "C" in the City of Elgin, Kane County, Illinois. PARCEL 3 That part of Lot "B" of North Park Addition to Elgin, described as follows: Beginning at the intersection of a line that is 396 feet East of and parallel with the East line of Lot "D" in North Park Addition to Elgin, with the Northerly right of way line of the Chicago and Northwestern Railway Company; thence Northeasterly along said Northerly right of way line, 121.58 feet; thence Northeasterly along said Northerly right of way line, being along a curve to the left having a radius of 3,377 feet and being tangent to the last described course, 250,63 feet to a point on a line 200.0 feet South- westerly of and parallel with the Northeasterly line of Lot 1 of Carpenter's Fox River Addition; thence Northwesterly along said parallel line, 101.05 feet to the Southeasterly shore line of the Fox River; thence Southwesterly along said Southeasterly shore line to a point on a line that is 396 feet East of and parallel with the East line of Lot "D" in North Park Addition to Elgin as aforesaid; thence Southerly along said parallel line 40.84 feet to the point of beginning, in the City of Elgin, Kane County, Illinois. Section 3. That Leo Nelson, City Manager of the City of Elgin, be and is hereby authorized, empowered and directed to negotiate for and on behalf of the City of Elgin with the owners of the above described real properties for the purchase thereof by the City of Elgin. Section 4. That the City Manager be and is hereby authorized to offer the sum of $4,900 as and for compensation to the owner or owners of Parcel 1 of the above-described property; said offer shall be in writing. Section 5. That the City Manager be and is hereby authorized to offer the sum of $3,500 as and for compensation to the owner or owners of Parcel 2 of the above-described property; said offer shall be in writing. Section 6. That the City Manager be and is hereby authorized to offer the sum of $20,000 as and for compensation to the owner or owners of Parcel 3 of the above-described property; said offer shall be in writing. Section 7. That in the event the City Manager is unable to agree with the owner or owners of said property as to compensation to be paid therefor, in accordance with the provisions of this ordinance, then title to and possession of said property shall be acquired by the City of Elgin in accordance with the laws of eminent domain of the State of Illinois, and the Corporation Counsel is 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. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: June 24, 1981 Passed: June 24, 1981 Vote: Yeas 5 Nays 1 Recorded: Published: Attest: s/ Nancy Roll Nancy Roll, Acting City Clerk