G12-79 Ordinance No. G12-79
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AN ORDINANCE
AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY FOR PARK PURPOSES
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.
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:
(Pk PARCEL ONE:
That part of the South half of Section 11, Township 41 North,
Range 8 East of the Third Principal Meridian, lying Easterly of the
Easterly line of the Chicago, Milwaukee, St. Paul and Pacific Rail-
road right of way and Westerly of the Westerly bank of the Fox River,
except that part of the South half of Section 11, aforesaid described
as follows: Beginning at the intersection of the North line of the
Southwest quarter of said Section 11 with the Easterly right of way
line of the Chicago, Milwaukee, St. Paul and Pacific Railroad; thence
Southeasterly along said Easterly right of way, being along a curve
to the left, the chord of said curve forming an angle of 87° 29'
measured from East to Southeast with the North line of said South-
west quarter, 1500 feet; thence Northeasterly along a line forming
an angle of 78 measured clockwise from the chord of said last
described curve, 171.58 feet to the Westerly bank of Fox River; thence
Northerly along said Westerly bank to the North line of the Southeast
quarter of said Section 11; thence West along the North line of said
Southeast quarter and along the North line of the Southwest quarter
of said Section 11, 419.6 feet to the point of beginning, in the City
of Elgin, Kane County, Illinois.
PARCEL TWO:
That part of the Northeast quarter of Section 14, Township 41
North, Range 8 East of the Third Principal Meridian, lying North-
easterly of the Easterly line of the right of way of Chicago,
Milwaukee, St. Paul and Pacific Railroad Company and Westerly of
the Westerly bank of the Fox River and lying North of a line drawn
parallel with and 77.30 feet North of the South line of the property
conveyed to Sylvanus Wilcox by deed dated June 3, 1844 and recorded
in the Recorder's Office of Kane County, Illinois, in Book 6, page 3,
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 owner or owners of the above described real
property 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 $64,000 as and for compensation to the owner or owners of the
above described property; said offer shall be in writing.
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 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: February 28, 1979
Passed: February 28, 1979
Vote: Yeas 7 Nays 0
Recorded:
Published:
Attest:
s/ Nancy L. Johnson
Nancy L. Johnson, Acting City Clerk