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Ordinance No. G13-83
AN ORDINANCE
AUTHORIZING THE ACQUISITION OF A CERTAIN
TEMPORARY CONSTRUCTION EASEMENT
WHEREAS, the City Council of the City of Elgin has determined that it
is necessary and desirable to install a watermain; and
WHEREAS, in order to install said watermain it is necessary and desirable
to obtain certain temporary construction easement; 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
WHEREAS, the acquisition of temporary construction easements 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 it is necessary and
desirable that the City of Elgin, Kane and Cook Counties, Illinois, shall
f" acquire a temporary construction easement over the following described
property which temporary construction easement is necessary and required
for the purpose of installing a watermain:
A 10.0 foot temporary construction easement through part of
Lord's Park Manor being a subdivision in part of the Southwest
Quarter of Section 7, Township 41 North Range 9 East of the Third
Principal Meridian described more fully as follows: Commencing
at the point of intersection of the West Cook County line with the
South line of Lord's Park Manor, Unit No. 2; thence East, along
said South line, a distance of 10 feet for the place of beginning;
thence continuing East, along the last described course, a distance
of 10.0 feet; thence North, along a line parallel with and 10 feet
equidistant to the West Cook County line, to the Southerly right-
of-way line of Jefferson Avenue; thence Westerly, along said South-
erly right-of-way line, a distance of 10.0 feet, more or less, to
a point on said Southerly right-of-way line that is 10.0 feet,
measured perpendicular to the West line of Cook County; thence
South, along a line parallel with and 10 feet equidistant to the
West line of Cook County, to the place of beginning. Being situated
in the City of Elgin, Hanover Township, Cook County, Illinois and
containing 0.016 acres, more or less.
Section 2. That the 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 of the above described properties for the granting
thereon of a temporary construction easement to the City of Elgin.
Section 3. That the City Manager be and is hereby authorized to offer
the sum of $500.00 as and for compensation to the owner or owners of the above
described property; said offer shall be in writing.
Ow Page 2 - easement
Section 4. That the temporary construction easement shall exist for
a term sufficient to construct said watermain.
Section 5. That, upon completing installation of said watermain the
City of Elgin shall, as much as reasonably possible, cause the temporary
construction easement to be returned to substantially the same condition it
was in prior to such construction.
Section 6. 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 for said
easement in accordance with the provisions of this ordinance, then possession
of said temporary 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 possession of
said temporary easements for the City of Elgin in accordance with the eminent
domain laws of the State of Illinois.
s/ William Rauschenberger
Presented: March 28, 1983
Passed: March 28, 1983
Vote: Yeas 6 Nays 0
Recorded:
Published:
Attest:
s/ Marie Yearman
Marie Yearman, City Clerk
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