G32-81 Ordinance No. G32-81
AN ORDINANCE
AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY FOR OPEN SPACE
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; 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 certain property for open space 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 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:
PARCEL 1
The Southerly 127.5 feet of Lot 14 of Carpenter's Fox River
Addition in the City of Elgin, Kane County, Illinois.
PARCEL 2
That part of Lot "C" of North Park Addition to Elgin lying
Northerly of the Northerly line of the right of way of the Chicago
and North Western Railway Company and West of a line drawn 198 feet
East of and parallel with the West line of said Lot "C" in the City
of Elgin, Kane County, Illinois.
PARCEL 3
That part of Lot "B" of North Park Addition to Elgin, described
as follows: Beginning at the intersection of a line that is 396
feet East of and parallel with the East line of Lot "D" in North
Park Addition to Elgin, with the Northerly right of way line of the
Chicago and Northwestern Railway Company; thence Northeasterly along
said Northerly right of way line, 121.58 feet; thence Northeasterly
along said Northerly right of way line, being along a curve to the
left having a radius of 3,377 feet and being tangent to the last
described course, 250,63 feet to a point on a line 200.0 feet South-
westerly of and parallel with the Northeasterly line of Lot 1 of
Carpenter's Fox River Addition; thence Northwesterly along said
parallel line, 101.05 feet to the Southeasterly shore line of the
Fox River; thence Southwesterly along said Southeasterly shore
line to a point on a line that is 396 feet East of and parallel
with the East line of Lot "D" in North Park Addition to Elgin as
aforesaid; thence Southerly along said parallel line 40.84 feet
to the point of beginning, 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 owners of the above described real
properties 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 $4,900 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 $3,500 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 $20,000 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. That in the event 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: June 24, 1981
Passed: June 24, 1981
Vote: Yeas 5 Nays 1
Recorded:
Published:
Attest:
s/ Nancy Roll
Nancy Roll, Acting City Clerk