G42-79 Ordinance Nom G42-79
AN ORDINANCE
AUTHORIZING THE ACQUISITION OF CERTAIN EASEMENTS FOR
DRAINAGE PURPOSES (OTTER CREEK)
WHEREAS, the City Council of the City of Elgin has determined that
it is necessary and desirable to construct and maintain drainage ditches
over and upon certain property; and
WHEREAS, in order to construct and maintain said drainage ditches it
is necessary to acquire easements over and upon certain properties herein-
after 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 drainage ditches 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 easements over and upon
certain properties in the City of Elgin, Kane County, Illinois, hereinafter
described, be acquired for the purpose of constructing and maintaining
drainage ditches 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 easements over and upon real property, which
property is necessary, required and needed for the purpose of constructing
and maintaining drainage ditches, lying wholly within the limits of the
City of Elgin, to-wit:
-PARCEL 1
Of an 84.0 foot wide Permanent Drainage Easement over that
part of the Northeast Quarter of Section 20 and part of the North-
west Quarter of Section 21, all in:Township 41 North, Range 8 East
of the Third Principal Meridian, bounded on the South by the South
line of the Northeast Quarter of said Section 20, bounded on the
East by the Westerly right of way line of Randall Road by Document
No. 1040510 recorded in the Recorder's Office of Kane County on
February 18, 1965 and lying 37.0 feet Northwesterly of and 47.0
feet Southeasterly of the following described line: Commencing at
the Southeast corner of the Northeast Quarter of said Section 20;
thence Westerly along the South line of said Northeast Quarter, a
distance of 898.63 feet for the place of beginning; thence North-
easterly along a line which forms an angle of 118 degrees 31 minutes
02 seconds to the right with the prolongation of the last described
course, a distance of 430.07 feet; thence Northeasterly along a line
which forms an angle of 16 degrees 30 minutes 00 seconds to the right
with the prolongation of the last described course, a distance of
1750.0 feet; thence Easterly along a line which forms an angle of
39 degrees 30 minutes 00 seconds to the right with the prolongation
of the last described course, a distance of 26.80 feet to a point on
the Westerly right of way line of Randall Road, as aforesaid,
that is 1630.54 feet Northerly of (measured along said Westerly
right of way line) the South line of the Northwest Quarter of
Section 21, Township and Range aforesaid, for the terminus of said
line. TOGETHER with a Temporary Construction Easement over that
part of the Northeast Quarter of said Section 20 and that part of
the Northwest Quarter of said Section 21, bounded on the South by the
South line of the Northeast Quarter of said Section 20, bounded on
the East by the Westerly right of way line of Randall Road by
Document No. 1040510 recorded in the Recorder's Office of Kane County
on February 18, 1965 and lying 57.0 feet either side of the following
described line: Commencing at the Southeast corner of the Northeast
Quarter of said Section 20; thence Westerly along the South line of
said Northeast Quarter, a distance of 898.63 feet for the place of
beginning; thence Northeasterly along a line which forms an angle of
118 degrees 31 minutes 02 seconds to the right with the prolongation
of the last described course, a distance of 430.07 feet; thence
Northeasterly along a line which forms an angle of 16 degrees 30
minutes 00 seconds to the right with the prolongation of the last
described course, a distance of 1750.0 feet; thence Easterly along a
line which forms an angle of 39 degrees 30 minutes 00 seconds to
the right with the prolongation of the last described course, a
distance of 26.80 feet to a point on the Westerly right of way line
of Randall Road, as aforesaid, that is 1630.54 feet Northerly of
(measured along said Westerly right of way line) the South line of
the Northwest Quarter of Section 21, Township and Range aforesaid,
for the terminus of said line. EXCEPTING from said Temporary Con-
struction Easement all that part falling within the aforedescribed All
Permanent Drainage Easement. Being situated in Elgin Township,
Kane County, Illinois,
PARCEL 2
Of a Permanent Drainage Easement over that part of the Southwest
Quarter of Section 16 and part of the Northwest Quarter of Section 21,
all in Township 41 North, Range 8 East of the Third Principal Meridian,
described as follows: Commencing at the intersection of the North
right of way line of South Street, as established by Deed recorded
February 18, 1965 as Document No. 1040511, with the Easterly right of
way line of Randall Road; thence Northeasterly along the Easterly right
of way line of Randall Road, a distance of 223.22 feet for the place
of beginning; thence Northeasterly along a line which forms an angle of
75 degrees 45 minutes 22 seconds to the right with the prolongation of
the last described course, a distance of 925.32 feet (this course
hereinafter referred toas Line "A") to the West line of Edgewood Street,
being the West line of Walter G. McIntosh and Company's Fox River
Acres; thence Northerly along the West line of Edgewood Street, a
distance of 1033.82 feet to the North line, extended Westerly of
Erie Street as platted in said Walter G. McIntosh and Company's Fox
River Acres; thence Westerly along the North line extended Westerly
of Erie Street, a distance of 70.03 feet to a point on a line that is
70.0 feet Westerly of (measured at right angles thereto) and parallel
with the West line of Edgewood Street; thence Southerly along said
parallel line, a distance of 964.08 feet to a point on a line that
is 76.0 feet Northwesterly of (measured at right angles thereto) and
parallel with Line "A" as aforesaid; thence Southwesterly along said
parallel line, a distance of 845.03 feet to the Easterly right of way
line of Randall Road; thence Southwesterly along said Easterly right
of way line, a distance of 78.41 feet to the place of beginning.
Containing 3.150 Acres more or less. ALSO a 10.0 foot wide
Temporary Construction Easement, bounded on the West by the
Easterly right of way line of Randall Road, bounded on the East
by the West line of Edgewood Street and lying Southerly of and
adjacent to Line "A" of the Permanent Drainage Easement described
above. ALSO a 20.0 foot wide Temporary Construction Easement,
bounded on the North by the North line, extended Westerly of
Erie Street, bounded on the West by the Easterly right of way line
of Randall Road and lying Westerly of and adjacent to a line that
is 70.0 feet Westerly of (measured at right angles thereto) and
parallel with the West line of Edgewood Street and lying Northerly
of and adjacent to a line that is 76.0 feet Northwesterly of
(measured at right angles thereto) and parallel with Line "A" of
the Permanent Drainage Easement described above. ALSO a 15.0
foot wide Temporary Construction Easement lying Westerly of and
adjacent to the West line of Edgewood Street and bounded on the North
by the Southerly right of way line of the U.S. Route 20 Bypass
(Federal Aid Route 6) as established by proceedings in the Circuit
Court of Kane County, Illinois, as Case No. 60-1166, and bounded
on the South by the North line extended Westerly of Erie Street.
Being situated in Elgin Township, Kane County, Illinois.
PARCEL 3
Of an 84.0 foot wide Permanent Drainage Easement over that part
of the East Half of the Southeast Quarter of Section 20, Township 41
North, Range 8 East of the Third Principal Meridian, bounded on the
North by the North line of the Southeast Quarter of sais Section 20
and lying 37.0 feet Northwesterly of and 47.0 feet Southeasterly of
the following described line: Commencing at the Northeast corner of
the Southeast Quarter of said Section 20; thence Westerly along the
North line of said Southeast Quarter, a distance of 898.63 feet for
the place of beginning; thence Southwesterly along a line which forms
an angle of 61 degrees 28 minutes 58 seconds to the left with the
prolongation of the last described course, a distance of 642.0 feet
for the terminus of said line. TOGETHER with a Temporary Construction
Easement over that part of the East Half of the Southeast Quarter of
said Section 20 bounded on the North by the North line of said South-
east Quarter and lying 57.0 feet either side of the following described
line: Commencing at the Northeast corner of. the Southeast Quarter of
said Section 20; thence Westerly along the North line of said South-
east Quarter, a distance of 898.63 feet for the place of beginning;
thence Southwesterly along a line which forms an angle of 61 degrees
28 minutes_- 58 seconds to the left with the prolongation of the last
described course, a distance of 657.0 feet for the terminus of said
line. EXCEPTING from said Temporary Construction Easement all that
part falling within the aforedescribed Permanent Drainage Easement,
Being situated in Elgin Township, 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
properties for the purchase of the easements described by the City of Elgin.
Section 4. That the City Manager be and is hereby authorized to offer
the sum of $12,714 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 $13,430 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 $2,934 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. 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 easements 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 easements for the City of Elgin in accordance
with the eminent domain laws of the State of Illinois.
s/ Harry W. Barnes
Harry,A. Barnes;. Mayor Pro Tem
Presented: May 23, 1979
Passed: May Z3 , 1979
Vote: Yeas 6 Nays 0
Recorded:
Published:
Attest:
s/ Marie Yearman
Marie Yearman, City Clerk