G43-81 I
Ordinance G43-81
AN ORDINANCE
PROVIDING FOR THE ACQUISITION OF CERTAIN PROPERTY FOR THE
TYLER CREEK DETENTION FACILITY FOR FLOOD CONTROL PURPOSES
WHEREAS, it is necessary and desirable to construct a storm water
detention facility to alleviate flooding in the Tyler Creek Watershed;
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 within the meaning
of Article VII of the Constitution of the State of Illinois authorized
and empowered to perform any function and exercise any power pertaining
to its government and affairs; and
WHEREAS, flood control is a matter within the government and affairs
of the City of Elgin; and
WHEREAS, pursuant to applicable law the City of Elgin may purchase
or condemn, by the exercise of the right of eminent domain, all real
estate needed for the purposes described, either within or without the
corporate limits.
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
located in unincorporated Kane County, Illinois, hereinafter described, be
acquired for the purpose of constructing a storm water detention facility
to alleviate flooding in the Tyler Creek Watershed.
Section 2. That it is hereby determined that the City of Elgin shall
acquire title to and possession of the following described real property,
which is necessary, required and needed for the purpose of constructing a
storm water detention facility, lying within unincorporated Kane County,
Illinois:
PARCEL 1
That part of the Northeast Quarter of Section 8 and that part
of the Northwest Quarter of Section 9, all in Township 41 North,
Range 8 East of the Third Principal Meridian described as follows:
Beginning at a point on the North line of said Northeast Quarter of
Section 8 which is 1139.38 feet West of the Northeast corner thereof;
thence South, a distance of 1078.0 feet; thence East, a distance of
750.0 feet; thence North 9 degrees 00 minutes East, to the Northerly
line extended Northwesterly of Fletcher Drive as platted in Oak Creek,
being a subdivision of part of the Northeast Quarter of Section 8 and
part of the Northwest Quarter of Section 9, Township and Range afore-
said; thence Southeasterly along said extension of Fletcher Drive, to
the Southwest corner of Lot 2 in said Oak Creek; thence Northeasterly
along the Westerly line of said Lot 2 and along said Westerly line
extended Northeasterly, to the North line of the Northwest Quarter of
said Section 9; thence Westerly along said North line to the Northwest
corner thereof; thence Westerly along the North line of the Northeast
Quarter of Section 8 aforesaid, a distance of 1139.38 feet to the
point of beginning, (except that part of the Southeast Quarter of
Section 5 and part of the Northeast Quarter of Section 8, Township
41 North, Range 8 East of the Third Principal Meridian, described
as follows: Commencing at the Southwest corner of said Southeast
Quarter; thence Easterly along the South line of said Southeast
Quarter 1087.02 feet; thence Northeasterly along a line which forms
an angle of 37 degrees 26 minutes 54 seconds to the left with the
prolongation of the last described course, 202.30 feet for the
point of beginning; thence Southeasterly along a line which forms
an angle of 66 degrees 39 minutes 45 seconds to the right with the
prolongation of. the last described course, 464.24 feet; thence
Northeasterly at right angles to the last described course, 400.0
feet; thence Northwesterly at right angles to the last described
course, 464.24 feet; thence Southwesterly at right angles to the
last described course 400.0 feet to the point of beginning) in the
Township of Elgin, Kane County, Illinois.
ALSO
That part of the Southwest Quarter of Section 4 and that part
of the Southeast Quarter of Section 5, all in Township 41 North,
Range 8 East of the Third Principal Meridian, described as follows:
Beginning at the Southwest corner of the Southwest Quarter of said
Section 4; thence Easterly along the South line of said Southwest
Quarter to the point of intersection of said South line with the
Westerly line extended Northeasterly of Lot 2=in Oak Creek, being
a subdivision of part of the Northeast Quarter of Section 8 and
part of the Northwest Quarter of Section 9, Township and Range afore-
said; thence Northerly parallel with the West line of said Southwest
Quarter of Section 4, to a point on a line which is parallel with and
90 feet Southwesterly of (as measured at right angles) the Southerly
right of way line of the Chicago and Northwestern Transportation
Company; thence Southeasterly along said parallel line to the Westerly
line of a parcel of land conveyed to the County of Kane by Quit Claim
Deed recorded April 3, 1978 as document 1450703; thence Northeasterly
along said Westerly line, to the Southerly right of way line of the
Chicago and Northwestern Transportation Company; thence Northwesterly
along said Southerly right of way line, a distance of 2416.24 feet,
more or less, to the West line of the East Half of the Southeast
Quarter of Section 5 aforesaid; thence Southerly along said West line,
a distance of 660.24 feet to a point which is 142.77 feet North of
the Southwest corner of the East Half of said Southeast Quarter;
thence Southeasterly, a distance of 298.74 feet to a point on the
South line of the Southeast Quarter which is 264.57 feet East of the
Southwest corner of the East Half of said Southeast Quarter; thence
Easterly along said South line, a distance of 1069.93 feet to the point
of beginning, (except that part of the Southeast Quarter of Section 5
and part of the Northeast Quarter of Section 8, Township 41 North,
Range 8 East of the Third Principal Meridian, described as follows:
Commencing at the Southwest corner of said Southeast Quarter; thence
Easterly along the South line of- said Southeast Quarter 1087.02 feet;
thence Northeasterly along a line which forms an angle of 37 degrees Alo
26 minutes 54 seconds to the left with the prolongation of the last
described course, 202.30 feet for the point of beginning; thence South-
easterly along a line which forms an angle of 66 degrees 39 minutes 45
seconds to the right with the prolongation of the last described course,
464.24 feet; thence Northeasterly at right angles to the last described
course, 400.0 feet; thence Northwesterly at right angles to the
last described course, 464.24 feet; thence Southwesterly at right
lek angles to the last described course, 400.0 feet to the point of
beginning) , in the Township of Elgin, Kane County, Illinois.
PARCEL 2
That part of the Southeast Quarter of Section 5 and part of
the Northeast Quarter of Section 8, Township 41 North, Range 8
East of the Third Principal Meridian, described as follows:
Commencing at the Southwest corner of said Southeast Quarter;
thence Easterly along the South line of said Southeast Quarter
1087.02 feet; thence Northeasterly along a line which forms an
angle of 37 degrees 26 minutes 54 seconds to the left with the
prolongation of the last described course, 202,30 feet for the
point of beginning; thence Southeasterly along a line which forms
an angle of 66 degrees .39 minutes 45 seconds to the right with
the prolongation of the last described course, 464.24 feet; thence
Northeasterly at right angles to the last described course, 400.0
feet; thence Northwesterly at right angles to the last described
course, 464.24 feet; thence Southwesterly at right angles to the
last described course 400.0 feet to the point of beginning, in the
Township of Elgin, Kane County, Illinois.
PARCEL 3
•
That part of the Southeast Quarter of Section 5, Township 41
ft. North, Range 8 East of the Third Principal Meridian, described as
follows: Commencing at the Southeast corner of Section 8, Township
and Range aforesaid; thence North 89 degrees 54 minutes West along
the South line of said Section 1065.24 feet; thence North 875.82
feet to the Northeasterly corner of Lot 14 in Block 3 of Third Addi-
tion to Almora Heights; thence North 74 degrees 06 minutes West 2114.2
feet; thence North 13 degrees 22 minutes East 2443.7 feet to the
center line of Highland Avenue Road; thence Southeasterly along said
center line 72.0 feet; thence North 1 degree 33 minutes East to the
South line of the Southeast Quarter of said Section 5 for the point
of beginning; thence North 1 degree 33 minutes East to the Southerly
right of way line of the Chicago and Northwestern Railroad Company;
thence Southeasterly along said Southerly right of way line, being
along a curve to the left, 570.30 feet; thence South 81 degrees 20
minutes 40 seconds East along said Southerly right of way, 600 feet
to the West line of the East Half of the Southeast Quarter of said
Section 5; thence South 1 degree 03 minutes 20 seconds West along
said West line 660. 24 feet to a point 142.77 feet North of the
Southwest corner ofthe East Half of said Southeast Quarter; thence
South 61 degrees 13 minutes 40 seconds East 298.74 feet to a point
on the South line of the East Half of said Southeast Quarter 264.57
feet East of the Southwest corner thereof; thence North 89 degrees
48 minutes 40 seconds West along the South line of said Southeast
Quarter 1423.09 feet to the point of beginning (except the Westerly
66 feet, as measured at right angles to the West line thereof, and
except that part of the Southeast Quarter of Section 5 and part of
the Northeast Quarter of Section 8, Township 41 North, Range 8 East
of the Third Principal Meridian, described as follows: Commencing
at the Southwest corner of said Southeast Quarter; thence Easterly
along the South line of said Southeast Quarter, 1087.02 feet; thence
Northeasterly along a line which forms an angle of 37 degrees 26 minutes
54 seconds to the left with the prolongation of the last described
course, 202.3Q feet for the point of beginning; thence Southeasterly
along a line which forms an angle of 66 degrees 39 minutes 45 seconds
to the right with the prolongation of the last described course,
464.24 feet; thence Northeasterly at right angles to the last des-
cribed course, 400.0 feet; thence Northwesterly at right angles to
the last described course, 464.24 feet; thence Southwesterly at right
angles to the last described course, 400.0 feet to the point of
beginning) , in the Township of Elgin, Kane County, Illinois.
Also that part of the Northeast Quarter of Section 8, Township
41 North, Range 8 East of the Third Principal Meridian, described as
follows: Commencing at the Southeast corner of said Section 8; thence
North 89 degrees 54 minutes West along the South line of said Section
1065.24 feet; thence North 875.82 feet to the Northeasterly corner
of Lot 14 in Block 3 of Third Addition to Almora Heights; thence North
74 degrees 06 minutes West 2114.2 feet; thence North 13 degrees 22
minutes East 2443.7 feet to the center line of Highland Avenue Road;
thence Southeasterly along said center line 72.0 feet; thence North
1 degree 33 minutes East to the North line of the Northeast Quarter
of said Section 8; thence South 89 degrees 48 minutes 40 seconds East
along said North line 917.62 feet for the point of beginning; thence
continuing South 89 degrees 48 minutes 40 seconds East along said North
line 440.0 feet; thence South 0 degrees 03 minutes 40 seconds East
370.0 feet; thence Northwesterly to the point of beginning (except
that part of the Southeast Quarter of Section 5 and part of the North-
east Quarter of Section 8, Township 41 North, Range 8 East of the Third
Principal Meridian, described as follows: Commencing at the Southwest
corner of said Southeast Quarter; thence Easterly along the South line
of said Southeast Quarter, 1087.02 feet; thence Northeasterly along a
line which forms an angle of 37 degrees 26 minutes 54 seconds to the
left with the prolongation of the last described course, 202.30 feet
for the point of beginning; thence Southeasterly along a line which
forms an angle of 66 degrees 39 minutes 45 seconds to the right with
the prolongation of the last described course, 464.24 feet; thence
Northeasterly at right angles to the last described course, 400.0 feet;
thence Northwesterly at right angles to the last described course,
464.24 feet; thence Southwesterly at right angles to the last described
course, 400.0 feet to the point of beginning), in the Township of Elgin,
Kane County, Illinois.
PARCEL 4
That part of the South half of Section 5, Township 41 North, Range 8
East of the Third Principal Meridian, described as follows: Commencing
at the Southeast corner of Section 8, Township and Range aforesaid;
thence North 89 degrees 54 minutes West along the South line of said
Section 1,065.24 feet; thence North 875.82 feet; thence North 74 degrees
06 minutes West 2,114.2 feet; thence North 74 degrees 21 minutes 40
seconds West 342.5 feet; thence North 74 degrees 09 minutes 10 seconds
West 1,231.5 feet; thence North 18 degrees 16 minutes 30 seconds East
2,159.3 feet; thence North 15 degrees 56 minutes East 193.38 feet to
the center line of Highland Avenue Road; thence North 13 degrees 17
minutes East 1,309.5 feet to a point hereinafter referred to as Point
"A"; thence continuing North 13 degrees 17 minutes East, a distance of
550.0 feet; for the point of beginning; thence North 4 degrees 36 minutes
West 190.2 feet to the Southerly line of the right of way of the Old
Chicago and Pacific Railway Company; thence Northeasterly along said
Southerly old right of way line, being along a curve to the
right, 957.1 feet to the West line of the Southeast quarter
of said Section 5; thence North along said West line, 26 feet
to the Southerly line of the Right of way of the Chicago and
Northwestern Railway Company; thence Southeasterly along said
Southerly right of way line, 174.23 feet to the Easterly line
extended Northerly of the tract of land conveyed to Wendell
Secrest and wife by deed dated September 4, 1959 and recorded
September 14, 1959 in Book 1985, page 418, as Document No.
900365; thence South 1 degree 33 minutes West along said ex-
tended Easterly line to the South line of the Southeast quarter
of Section 5 aforesaid; thence Northwesterly along a line which
passes through Point "A" as aforesaid, a distance of 300.0 feet;
thence Northwesterly to the point of beginning in Township of
Elgin, Kane County, Illinois.
PARCEL 5
That part of the Southwest Quarter of Section 5, Township
41 North, Range 8 East of the Third Principal Meridian, described
as follows: Commencing at the Southeast corner of Section 8, Town-
ship and Range aforesaid; thence North 89 degrees 54 minutes West
along the South line of said Section 8, 1965.24 feet; thence North
875.82 feet; thence North 74 degrees 06 minutes West 2114.2 feet;
thence North 74 degrees 21 minutes 40 seconds West 342.5 feet; thence
North 74 degrees 09 minutes 10 seconds West 1231.5 feet; thence North
18 degrees 16 minutes 30 seconds East 2159.3 feet; thence North 15
I�* degrees 56 minutes East 193.38 feet to the center line of Highland
( Avenue Road; thence North 13 degrees 17 minutes East 1859.5 feet;
thence North 4 aegrees 36 minutes West 228.24 feet for the point of
beginning; thence South 4 degrees 36 minutes East 38.04 feet to the
Southerly right of way line of the Old Chicago and Pacific Railway
Company; thence Northeasterly along said right of way line, being
a curve to the right 957.1 feet to the East line of the Southwest
Quarter of said Section 5; thence Northerly along said East line 26.0
feet to the Southerly right of way line of the Chicago and North-
western Railway Company; thence Northwesterly along said right of
way line being along a curve to the right having a radius of 2565.54
feet, the chord of which bears North 63 degrees 46 minutes 30 seconds
West, a distance of 336.7 feet; thence Southwesterly along a curve
to the left having a radius of 1855.0 feet, a distance of 503.13 feet
to a point 70.17 feet Southeasterly of the center line of the Westbound
track of the Chicago, Milwaukee, St. Paul and Pacific Railway (said
70.17 feet being measured along a radial line of said center line) ;
thence Southwesterly along a curve to the left having a radius of
3820.0 feet; a distance of 235.0 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 owners of the above described real properties
for the purchase thereof by the City of Elgin.
rft. Section 4. That the City Manager be and is hereby authorized to offer
the sum of $75,075 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 $10,725 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 $126,720 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 the City Manager be and is hereby authorized to offer
the sum of $51,975 as and for compensation to the owner or owners of Parcel 4
of the above-described property; said offer shall be in writing.
Section 8. That the City Manager be and is hereby authorized to offer
the sum of $11,025 as and for compensation to the owner or owners of Parcel 5
of the above-described property; said offer shall be in writing.
Section 9. 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/ Robert Gilliam
.'Robert Gi.1 1. i.am., Mayor Rro Tern
Presented: July 22 1981
Passed: July 22, 1'981
Vote: Yeas 6 Nays 0
Recorded:
Published:
Attest:
s/ Marie Yearman
Marie Yearman, City Clerk