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G9-84 4 . Ordinance No. G9-84 AN ORDINANCE AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY FOR STORM WATER CONTROL PURPOSES (OTTER CREEK) WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to construct and maintain storm water control and detention areas over and upon certain property; and WHEREAS, in order to construct and maintain said storm water detention areas it is necessary to acquire certain properties hereinafter 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 storm water control and detention areas 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 properties in the City of Elgin, Kane County, Illinois, hereinafter described, be acquired for the purpose of constructing and maintaining storm water control and detention areas 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 real property, which property is necessary required and needed for the purpose of constructing and maintaining storm water control and detention areas, lying wholly within the limits of the City of Elgin, to-wit: PARCEL 1 The East 50 feet of Lot 5 in Fox River Hills, Map 6, in the City of Elgin, Kane County, Illinois. PARCEL 2 Lot 73 in Block 1 of the Walter G. McIntosh Company's Fox River Gardens, being a subdivision of part of Sections 15, 16, 21 and 22, Township 41 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois. PARCEL 3 Lot 72 in Block 1 of the Walter G. McIntosh Company's Fox River Gardens, being a subdivision of part of Sections 15, 16, 21 w and 22, Township 41 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois. PARCEL 4 Lot 71 in Block 1 of the Walter G. McIntosh Company's Fox River Gardens, being a subdivision of part of Sections 15, 16, 21 and 22, Township 41, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois. PARCEL 5 Lot 70 in Block 1 of the Walter G. McIntosh Company's Fox River Gardens, being a subdivision of part of Sections 15, 16, 21 and 22, Township 41 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois. PARCEL 6 Lot 69 in Block 1 of the Walter G. McIntosh Company's Fox River Gardens, being a subdivision of part of Sections 15, 16, 21 and 22, Township 41 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois. PARCEL 7 Lot 68 in Block 1 of the Walter G. McIntosh Company's Fox River Gardens, being a subdivision of part of Sections 15, 16, 21 and 22, Township 41 North, Range 8 East of the Third Principal Meridian, it the City of Elgin, Kane County, Illinois. PARCEL 8 Lot 67 in Block 1 of the Walter G. McIntosh Company's Fox River Gardens, being a subdivision of part of Sections 15, 16, 21 and 22, Township 41 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois. PARCEL 9 Lot 66 in Block 1 of the Walter G. McIntosh Company's Fox River Gardens, being a subdivision of part of Sections 15, 16, 21 and 22, Township 41 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois. PARCEL 10 Lot 65 in Block 1 of the Walter G. McIntosh Company's Fox River Gardens, being a subdivision of part of Sections 15, 16, 21 and 22, Township 41 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois. PARCEL 11 Lot 64 in Block 1 of the Walter G. McIntosh Company's Fox River Gardens, being a subdivision of part of Sections 15, 16, 21 and 22, Township 41 North, Range 8 East of the Third Principal Meridian, in the Township of Elgin, Kane County, Illinois. PARCEL 12 Lot 39 in Block 1 in the Walter G. McIntosh Company's Fox River Gardens, in the City of Elgin, Kane County, Illinois. PARCEL 13 Lot 38 in Block 1 in Walter G. McIntosh Company's Fox River Gardens, in the City of Elgin, Kane County, Illinois. PARCEL 14 Lot 18 in Map No. 4 Fox River Hills, Elgin Township, in the City of Elgin, Kane County, Illinois. PARCEL 15 That part of Lot 1 in Block 5 of the Walter G. McIntosh Company's Fox River Acres, described as follows: Beginning at the North East corner of said lot; thence West along the North line of said lot, 177.52 feet; thence Southeasterly to a point on the East line of said lot which is 84.36 feet South of the North East corner of said lot; thence North along said East line, 84.36 feet to the point of beginning, in the Township of Elgin, Kane County, Illinois. PARCEL 16 The Southerly 100 feet of Lot 4 in Block 4 in the Walter G. McIntosh Company's Fox River Acres, being a subdivision of part of Sections 16 and 21, Township 41 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois. PARCEL 17 Lot 19 in Map No. 5 Fox River Hills, Elgin Township, Kane County, Illinois, in the City of Elgin, Kane County, Illinois. PARCEL 18 The East 50 feet of Lot 7 in Fox River Hills, Map 6, in the City of Elgin, Kane County, Illinois. PARCEL 19 Lot 14 in Map No. 4, Fox River Hills, Elgin Township, in the City of Elgin, Kane County, Illinois. PARCEL 20 Lot 15 in Map No. 4, Fox River Hills, Elgin Township, in the City of Elgin, Kane County, Illinois. few PARCEL 21 Lot 16 in Map No. 4, Fox River Hills, Elgin Township, in the Ali City of Elgin, Kane County, Illinois. PARCEL 22 Lot 17 in Map No. 4, Fox River Hills, Elgin Township, in the City of Elgin, Kane County, Illinois. PARCEL 23 The Easterly 50 feet of Lot 8 in Fox River Hills, Map 6, in the City' of Elgin, Kane County, Illinois. PARCEL 24 Lot 36 in Block 1 of the Walter G. McIntosh Company's Fox River Gardens, Township of Elgin, in the City of Elgin, Kane County, Illinois. PARCEL 25 Lot 37 in Block 1 of the Walter G. McIntosh Company's Fox River Gardens, Township of Elgin, in the City of Elgin, Kane County, Illinois. PARCEL 26 Lot 40 in Block 1 of the Walter G. McIntosh Company's Fox River Gardens, Township of Elgin, in the City of Elgin, Kane County, Illinois. PARCEL 27 Lot 41 in Block 1 of the Walter G. McIntosh Company's Fox River Gardens, Township of Elgin, in the City of Elgin, Kane County, Illinois. PARCEL 28 Lot 63 in Block 1 in the Walter G. McIntosh Company's Fox River Gardens, Township of Elgin, being a subdivision of part of Sections 15, 16, 21 and 22, Township 41 North, Range 8 East of the Third Principal Meridian, according to plat thereof recorded June 19, 1930 in Book 26 of Plats, Page 32, as Document 336425, in the City of Elgin, Kane County, Illinois. PARCEL 29 Lot 62 in Block 1 in the Walter G. McIntosh Company's Fox River Gardens, Township of Elgin, being a subdivision of part of Sections 15, 16, 21 and 22, Township 41 North, Range 8 East of the Third Principal Meridian, according to plat thereof recorded June 19, 1930 in Book 26 of Plats, Page 32, as Document 336425, in the City of Elgin, Kane County, Illinois. • PARCEL 30 Lot 61 in Block 1 in the Walter G. McIntosh Company's Fox River Gardens, Township of Elgin, being a subdivision of part of Sections 15, 16, 21 and 22, Township 41 North, Range 8 East of the Third Principal Meridian, according to plat thereof recorded June 19, 1930 in Book 26 of Plats, Page 32, as Document 336425, in the City of Elgin, Kane County, Illinois PARCEL 31 The East 50 feet of Lot 6 in Fox River Hills, Map 6, 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 owner or owners of the above described real properties for the purchase of the real property described by the City of Elgin. Section 4. That the City Manager be and is hereby authorized to offer the following sums as and for compensation to the owner or owners of the above-described property; said offer shall be in writing: Parcel as Described Above Authorized Sum Parcel 1 $ 900.00 rft Parcels 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 as a group $19,000.00 Parcels 12, 13 and 14 as a group $12,000.00 Parcel 15 $ 1,873.00 Parcel 16 $15,000.00 Parcel 17 $11,880.00 Parcel 18 $ 1,000.00 Parcel 19 $ 9,300.00 Parcel 20 $ 9,300.00 Parcel 21 $ 8,370.00 Parcel 22 $ 4,650.00 Parcel 23 $ 1,000.00 Parcel 24 $ 2,287.00 Parcel 25 $ 2,287.00 Parcel 26 $ 2,287.00 Parcel 27 $ 2,287.00 Parcel 28 $ 1,143.00 Parcel 29 $ 1,143.00 Parcel 30 $ 1,829.00 Parcel 31 $ 1,000.00 Section 5. 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 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 Gilliam, Mayor Pro Tem Presented: March 12, 1984 Passed: March 12, 1984 Vote: Yeas 6 Nays: 0 Recorded: Published: Attest: s/ Nancy Roll Nancy Roll, Acting City Clerk I I