G13-79 Ordinance No. G13-79
AN ORDINANCE
AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY FOR MUNICIPAL PURPOSES
WHEREAS, it is necessary and desirable to construct, establish and
maintain a commuter parking facility in the vicinity of Big Timber Road
and Randall Road in Kane County, Illinois, for off-street parking purposes;
and
WHEREAS, it is necessary and desirable to acquire certain property
hereinafter legally described, for such purposes; and
WHEREAS, the City of Elgin is a home rule unit authorized and empowered
to perform any function and exercise any power pertaining to its government
and affairs; and
WHEREAS, the construction, establishment and maintenance of off-street
parking facilities for commuter parking is within the government and affairs
of a home rule unit.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That it is hereby determined that certain real property
contiguous to the corporate boundaries of the City of Elgin, Kane County,
Illinois, hereinafter described, be acquired as the site for a commuter
parking facility.
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 a site for a commuter parking facility.
That part of the Southeast quarter of Section 4, Town-
ship 41 North, Range 8 East of the Third Principal Meridian,
described as follows: Commencing at the point of intersection
of the center line of the Sleepy Hollow Road with the Northerly
right of way line of the Chicago, Milwaukee, St. Paul and Pacific
Railroad Company; thence South 89 degrees 19 minutes West along
said Northerly right of way line 1,446.7 feet to the original
center line of the Big Timber Road, formerly Huntley Road; thence
North 56 degrees 49 minutes West along said center line 1,889.29
feet to the Northwest corner of a tract of land conveyed to Lora E.
Traeger by deed recorded August 30, 1961 and recorded September 7,
1961 in Book 2098, page 408 as Document Number 958219 for the
point of beginning; thence South 16 degrees 13 minutes West along
the West line of said Traeger land 811.64 feet to the Northerly
line of said Railroad right of way; thence North 79 degrees 43 minutes
West along said Northerly right of way line 481.51 feet; thence
North 16 degrees 13 minutes East parallel to the West line of the
Traeger lands as aforesaid 1007.85 feet to the center line of Big
Timber Road, formerly Huntley Road; thence South 56 degrees 49
minutes East along said center line 500.38 feet to the point of
beginning, in the Township 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 Eglin.
Section 4. That the City Manager be and is hereby authorized to offer
the sum of $145,440.00 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; Ac£ing' City Clerk