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G62-79 r AN ORDINANCE Ordinance No. G62-79 AUTHORIZING A LEASE OF CERTAIN REAL PROPERTY TO WOODRUFF $ EDWARDS, INC. WHEREAS, the City of Elgin is the owner of certain real property acquired for the purposes of development of a linear park system adjacent to the Fox River; and WHEREAS, said property is not immediately necessary for use for said purposes; and WHEREAS, Woodruff & Edwards, Inc. a Delaware corporation, desires to lease said property upon certain terms and conditions for a period not to exceed ten years; and WHEREAS, the City of Elgin is a home rule unit authorized to exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the least of public property is a matter within the home rule powers of the City of Elgin; and WHEREAS, it is in the best interest of the City of Elgin to lease the property hereafter described to Woodruff & Edwards, Inc. , upon certain terms and conditions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That it hereby authorizes and directs the execution of a lease by and between the City of Elgin, a municipal corporation, and Woodruff & Edwards, Inc. , a Delaware corporation, of the following described real property: TRACT 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 said 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 degrees 29 minutes measured from East to Southeast with the North line of said Southwest quarter, 1500 feet; thence Northeasterly along a line form- ing an angle of 78 degrees 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. N. �r► TRACT 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 South 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 33 and lying Northerly of the North- erly line of Lawrence Avenue, in the City of Elgin, Kane County, Illinois. Section 2. That the term of the lease shall be as provided in the lease agreement, attached hereto and made a part hereof. Section 3. That the rent for the lease herein authorized shall be as provided in the lease agreement, attached hereto and made a part hereof. Section 4. That the use of the premises shall be as stated in the lease agreement, attached hereto and made a part hereof. Section 5. That the lessee shall be solely responsible and shall pay all taxes and utility expenses as provided in the lease agreement, attached hereto and made a part hereof. Section 6. That said lease shall be authorized in accordance with any terms and conditions expressed in the lease agreement, a copy of which is elk attached hereto and made a part hereof by reference, in addition to those heretofore recited. Section 7. That Richard L. Verbic, Mayor, and Marie Yearman, City Clerk, be and are hereby respectively authorized and directed to execute a lease agree- ment with Woodruff & Edwards, Inc. , a Delaware corporation, a copy of said lease agreement is attached hereto and made a part hereof by reference. Section 8. That this ordinance shall be in full force and effect from and after its passage as provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: November 14 1979 Passed: November 14, 1979 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk