G85-85 Ordinance No. G85-85
AN ORDINANCE
AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY FOR
FLOOD CONTROL PURPOSES
(Poplar Creek Levee)
WHEREAS, the City Council of the City of Elgin has determined that it is neces-
sary and desirable to construct and maintain a levee for the purpose of flood control; and
WHEREAS, in order to construct and maintain said flood control facility it is
necessary to acquire certain real property 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 a flood control levee 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 I. That it is hereby determined that certain real property in the City of
Elgin, Cook County, Illinois, hereinafter described, be acquired for the purpose of con-
structing and maintaining a flood control levee 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 proper-
ty, which is necessary, required and needed for the purpose of constructing and maintain-
ing said flood control levee, lying wholly within the limits of the City of Elgin, to-wit:
That part of the Northwest Quarter of Section 19, Township 41 North,
Range 8 East of the Third Principal Meridian described as follows: Com-
mencing at the Northeast corner of said Northwest Quarter; thence South
along the East line of the Northwest Quarter of said Section 19 for a
distance of 792 feet for the place of beginning; thence continuing South
along the last described course for a distance of 446 feet; thence West
along a straight line for a distance of 801 feet; more or less, to a point on
the Easterly right of way line of Ramona Avenue as dedicated by document
number 21341020-21341022, said point being 350.66 feet Northerly of the
Northerly right of way line of Villa Street (Business U.S. Route 20)
measured along said Easterly right of way line of Ramona Avenue; thence
Northerly along said Easterly right of way line of Ramona Avenue for a
distance of 453.7 feet, more or less; thence East along a straight line for a
distance of 733.5 feet, more or less, to the place of beginning. Situated in
the City of Elgin, Hanover Township, Cook County, Illinois and containing
7.81 acres, more or less.
r
That part of the Northwest Quarter of Section 19, Township 41 North,
Range 8 East of the Third Principal Meridian described as follows: Corn-
mencing at the Northeast corner of said Northwest Quarter of Section 19,
Township and Range aforesaid; thence South along the East line of said
Northwest Quarter of Section 19 for a distance of 1238 feet for the place
of beginning; thence continuing South along the last described course for a
distance of 105.23 feet; thence South 36 degrees 51 minutes West for a
distance of 312 feet, more or less, to the center of Poplar Creek; thence
Westerly and Southwesterly along the centerline of Poplar Creek to the
Northerly right of way line of Villa Street (Business U.S. Route 20); thence
Northwesterly along the Northerly right of way line of Villa Street to the
Easterly right of way line of Ramona Avenue as dedicated by document
number 21341020-21341022; thence Northeasterly along said Easterly right
of way line of Ramona Avenue for a distance of 350.66 feet; thence East
along a straight line to the place of beginning. Being situated in the City
of Elgin, Hanover Township, Cook County, Illinois and containing 6.06
acres, more or less.
Section 3. That James J. Cook, City Manager of the City of Elgin, be and is
hereby athorized, 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, in writing,
$83,000.00 as and for compensation to the owner or owners of the above-described prop-
erty.
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 the 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: October 28, 1 985
Passed: October 28, 1985
Vote: Yeas 5 Nays 2
Recorded:
Published:
Attest:
s/ Nancy Roll
Nancy Roll, Deputy Clerk