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S19-90 a , Ordinance No. S19-90 AN ORDINANCE AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY FOR PUBLIC PURPOSES ( 100 West Lawrence Avenue) WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to construct and maintain a public right of way across certain property; and WHEREAS, in order to construct and maintain said public right of way, it is necessary to acquire certain 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 public right of way 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: r Section 1 . That it is hereby determined that certain property in the City of Elgin, Kane County, Illinois, hereinafter described, be acquired for the purpose of constructing and maintaining a public right of way 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 a public right of way, lying wholly within the limits of the City of Elgin, to wit: That part of the Northwest Quarter of Section 14, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northwesterly corner of Lot 29 in Block 23 of William C. Kimball 's Second Addition to the City of Elgin; thence North 34 degrees 11 minutes 16 seconds West, along the Easterly line of State Street ( formerly known as Main Street) , 43.70 feet to the Northerly line of Lawrence Avenue (East of State Street) , for the Place of Beginning; then continuing North 34 degrees 11 minutes 16 seconds eft. along said Easterly line of State Street, t� 461.94 feet; thence North 65 degrees 00 minutes 00 seconds East, 96 .51 feet to the Westerly right of t t way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad as Document No. 3302; thence South 33 degrees 34 minutes 18 seconds East, along aforesaid right of way line, 22 .0 feet; thence North 65 degrees 00 minutes 00 seconds East, along the South line of aforesaid right of way line, 2 .90 feet to the Westerly right of way line of aforesaid Railroad as Document No. 5046; thence South 34 degrees 37 minutes 24 seconds East, along said Westerly right of way line, 452 .41 feet to the aforesaid Northerly line of Lawrence Avenue; thence South 71 degrees 26 minutes 06 seconds West, along said Northerly line of Lawrence Avenue, 105.23 feet to the Point of Beginning, containing 1 .068 acres more or less, in the City of Elgin, Kane County, Illinois. Section 3 . That Larry L. Rice, 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 property 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 $138,000.00 as and for compensation to the eowner or owners of the above-described property. 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/ George VanDeVoorde George VanDeVoorde, Mayor Presented: November 14, 1990 Adopted: November 14, 1990 Vote: Yeas 7 Nays 0 Recorded: Attest: low s/ Dolonna Mecum Dolonna Mecum, City Clerk