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HomeMy WebLinkAboutG17-87 Ordinance No. G17-87 AN ORDINANCE AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY FOR FLOOD CONTROL PURPOSES (Poplar Creek Levee) WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to construct and maintain a levee for the purpose of flood control; and WHEREAS, in order to construct and maintain said flood control facility it is necessary to acquire certain real property hereinafter described ; 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 construction and maintenance of a flood control levee is within the government and affairs of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY rft. OF ELGIN, ILLINOIS: Section 1 . That is hereby determined that certain real property in the City of Elgin, Cook County, Illinois, hereinafter described, be acquired for the purpose of constructing and maintaining a flood control levee for the benefit of the public . 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 is necessary , required and needed for the purpose of constructing and maintaining said flood control levee, lying wholly within the limits of the City of Elgin, to-wit: That part of Lot 9 of the County Clerks Division of unsubdivided lands in Section 19, Township 41 North, Range 9 East of the Third Principal Meridian, according to the plat thereof recorded June 20, 1895, described as follows : Commencing at the Northeast Corner of said Lot 9, being also the Northeast Corner of the Northwest Quarter of said Section 19; thence South 00 degrees 15 minutes 59 seconds East, along the East line of said Lot 9, presumably the East line of the Northwest Quarter of said Section 19, a distance of 1238.00 feet ; thence South 89 degrees 10 minutes 00 seconds West , parallel with the North line of said Lot 9 being also the North line of the Northwest Quarter of said Section 19, a distance of 805.55 feet to the center line of Ramona Avenue as described in Document No 11312306 recorded November 9, 1933 and hereinafter particularly described for the point of beginning ; thence 4 North 89 degrees 10 minutes 00 seconds East, parallel with the said North line of Lot 9, a distance of 34 .89 feet to the Easterly line of Said Ramona Avenue ; thence South 18 degrees 08 minutes 53 seconds West , along said Easterly line, a distance of 372.34 feet to the Northerly line of Villa Street ; thence North 53 degrees 46 minutes 48 seconds West , along said Northerly line , a distance of 34. 71 feet to the center line of said Ramona Avenue ; thence North 18 degrees 08 minutes 53 seconds East, along said center line , a distance of 350. 22 . feet to the point of beginning; the said Ramona Avenue hereinbefore referred to is particularly described as follows : Commencing 605 .00 feet (record and measured) West of the Northeast Corner of the Northwest Quarter of said Section 19 on the North line of said section for the point of beginning; thence South 06 degrees 48 minutes 33 seconds West , a distance of 1192 .30 feet (record being South 06 degrees 15 minutes West , 1192.30 feet) ; thence South 18 degrees 08 minutes 53 seonds West , a distance of 431 . 80 feet (record being South 18 degrees 05 minutes West , 432. 00 feet) to the Northerly line of Villa Street ; thence North 53 degrees 46 minutes 48 seconds West, along said Northerly line, a distance of 69. 42 feet (record being Northwesterly 66.00 feet) ; thence North 18 degress 08 minutes 53 seconds East , a distance of 403. 72 feet (record being North 18 degrees 05 minutes East , 397. 70 feet) ; thence North 06 degrees 48 minutes 33 seconds East , a distance of 1176. 80 feet (record being North 06 degrees 15 minutes East, 1182. 70 feet) to the North line of said Section 19; thence North 89 degrees 10 minute 00 seconds East , along said North line, a distance of 66.59 feet (record being East 66.00 feet) to the point of beginning of said particularly described Ramona Avenue. Being situated in the CITY OF ELGIN, COOK COUNTY, ILLINOIS and containing 0. 27 acre more or less . Section 3 . That James J. Cook, 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 owner or owners of the above described real properties for the purchase of the real property described by the City of Elgin. Section 4. That the City Manager be and is hereby authorized to offer , in writing, $2 , 200 as and for compensation to the owner or owners of the above-described property. Section 5 . In the event that 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 proerty shall be acquired by the CITY OF ELGIN in accordance with the laws of the 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 G/ Rir.hard L. Verbic Richard L. Verbic , Mayor Presented : April 8, 1987 Passed: April 8, 1987 Vote: Yeas 4 Nays 2 Recorded : Published : Attest : Marie Yearman Marie Yearman, City Clerk r eft