S11-92 Ordinance No. S11-92
AN ORDINANCE
AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY
FOR PUBLIC PURPOSES
(239-241 Center Street and 259-261 Kimball Street)
WHEREAS, the City Council of the City of Elgin has
determined that it is necessary and desirable to widen and
improve a certain public right of way; and
WHEREAS, in order to construct and maintain said public
right of way improvement, 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 improvement 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
property in the City of Elgin, Kane County, Illinois,
hereinafter described, be acquired for the purpose of widening
and improving Kimball Street 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 widening and improving a public right of way
lying wholly within the limits of the City of Elgin, to wit:
239-241 Center Street
Parcel One: That part of Lots 18 and 19 of
Phineas J. Kimball ' s Jr. Second Addition to Elgin,
described as follows: Beginning at the Northwest
corner of said Lot 19; thence East along the North
line of said Lot 19, 78. 92 feet to a point 53. 08
feet West of the Northeast corner thereof; thence
South 0 degrees, 27 minutes, 0 seconds West 75 . 7
feet; thence westerly to a point on the West line of
said Lot 18, 9 . 30 feet South of the Northwest corner
thereof; thence North along the West line of said
Lots 18 and 19, 75 . 7 feet to the point of beginning,
01,.4 in the City of Elgin, Kane County, Illinois .
Parcel Two: Estate of easement created by
warranty deed from Max Rosengarden and Lillian
Rosengarden, his wife to Edward Puklin and Evelyn L.
Puklin, his wife, dated January 12, 1953 and
recorded January 19, 1953 as Document 715494 , for
driveway purposes over and upon the following
described premises: that part of Lots 18 and 19 of
said Phineas J. Kimball ' s Jr. Second Addition to
Elgin, described as follows: Commencing at the
Northwest corner of Lot 17 in P.J. Kimball 's Jr.
Second Addition to Elgin; thence West along the
North line of Lot 19 of said Phineas J. Kimball ' s
Jr. Second Addition to Elgin, 53 . 08 feet for a point
of beginning; thence South 0 degrees, 27 minutes, 0
seconds West 75 . 7 feet; thence North 89 degrees, 14
minutes, 0 seconds East 8 .0 feet; thence North 0
degrees, 27 minutes, 0 seconds East to a point in
the North line of said Lot 19 which is 8.0 feet East
of the point of beginning; thence West along the
North line of said Lot 19, 8. 0 feet to the point of
beginning, in the City of Elgin, Kane County,
Illinois .
Parcel Three: Estate of easement created by
warranty deed from Max Rosengarden and Lillian
Rosengarden, his wife, to Edward Puklin and
Evelyn L. Puklin, his wife, dated January 12, 1953
and recorded January 19, 1953 as Document 715494 for
driveway purposes over and upon the following
described premises : That part of Lot 18 of said
Phineas J. Kimball ' s Jr. Second Addition to Elgin,
described as follows : Commencing at the Northwest
corner of Lot 17 of said P.J. Kimball 's Jr. Second
Addition to Elgin; thence West along the North line
of Lot 19 of said Phineas J. Kimball ' s Jr. Second
Addition to Elgin, 53 . 08 feet; thence South 0
degrees, 27 minutes, 0 seconds West 75 .7 for a point
of beginning; thence continuing South 0 degrees, 27
minutes, 0 seconds West 10 feet; thence North 89
degrees, 14 minutes, 0 seconds East 28 .9 feet;
thence North 0 degrees, 56 minutes, 0 seconds East,
10 .0 feet; thence South 89 degrees, 14 minutes, 0
seconds West 28. 9 feet to the point of beginning, in
the City of Elgin, Kane County, Illinois.
259-261 Kimball Street
That part of Lots 18 and 19 of Phineas J.
Kimball ' s Jr. Second Addition to Elgin and that part
of Sublot "B" of E.W. Vining' s Sub. Div. of Lots 13,
15, 16 and 17 of P.J. Kimball 's Jr. Second Addition
to Elgin, described as follows : Beginning at a
point on the North line of said Sublot "B" , 12 . 92
feet East of the Northwest corner thereof; thence
West along the North line of said Sublot "B" and
said Lot 19 , 66 feet; thence South 0 degrees, 27
minutes, 0 seconds West 75. 7 feet; thence North 89
degrees, 14 minutes, 0 seconds East 28 . 9 feet;
thence South 0 degrees, 56 minutes, 0 seconds West
56 .7 feet to a point in the South line of said
Lot 18, which is 26 . 0 feet West of the Southeast
corner of said Lot 18; thence East on the South line
of said Lot 18, 26 feet to the Southeast corner
thereof; thence North 0 degrees, 16 minutes, 0
seconds West along the East line of said Lot 18, a
distance of 60 feet; thence East parallel with the
North line of said Sublot "B" 12 . 92 feet; thence
North 0 degrees, 16 minutes, 0 seconds West a
distance of 72 feet to the point of beginning, in
the City of Elgin, Kane County, Illinois .
Section 3 . That Raymond Moller, City Property Director
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 Property Director be and is
hereby authorized to offer $75,000 as and for compensation to
the owner or owners of 239-241 Center Street, and $50,000 as
and for compensation to the owner or owners of 259-261 Kimball
Street.
Section 5 . In the event that the City Property Director
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 .
Geor e VanDeVoorde, Mayor
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Presented: October 14, 1992
Passed: October 14, 1992
Omnibus Vote: Yeas 7 Nays 0
Recorded: October 15, 1992
Published:
Attest:
Dolonna Mecum, City Clerk
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