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HomeMy WebLinkAboutS1-98 Ordinance No. S1-98 AN ORDINANCE AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY FOR PUBLIC PURPOSES ( 123 S . State Street) WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to acquire certain property to be utilized for public open space 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 property to be developed and utilized for public open space purposes 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 property in the City of Elgin, Kane County, Illinois, hereinafter described, be acquired for the purpose of public " open space 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 property is necessary, required and needed for public open space, lying wholly within the limits of the City of Elgin, to wit: Parcel 1 : The northerly 33 feet of the southerly 132 feet of that part of Lot 4 of William C. Kimball ' s Addition to Elgin, lying West of the westerly line of the right of way of the Chicago and Northwestern Railway Company, in the City of Elgin, Kane County, Illinois . Parcel 2 : Lot 4 lying West of the westerly line of the right of way of the Chicago and Northwestern Railway Company (except the southerly 132 feet thereof) of William C. Kimball ' s Addition to Elgin, in the City of Elgin, Kane County, Illinois . eft Section 3 . That the Corporation Counsel, or his designee, be and is hereby authorized, empowered and directed to , negotiate negotiate for and on behalf of the City of Elgin with the owner or owners of the above described real property for the purchase of the real property described by the City of Elgin. Section 4 . That the Corporation Counsel be and is hereby authorized to offer $50, 000 as and for compensation to the owner or owners of the above-described property. Section 5 . In the event that the Corporation Counsel 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 . • Kevin Kelly, Mayor Presented: March 11, 1998 Passed: March 11, 1998 Omnibus Vote: Yeas 7 Nays 0 Recorded: March 12 , 1998 Published: Attest: Dolonna Mecum, City Clerk