S15-95 Ordinance No. S15-95
AN ORDINANCE
AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY
FOR PUBLIC PURPOSES
(Westfield Model Townhomes)
WHEREAS, the City Council of the City of Elgin has
determined that it is necessary and desirable to construct a
public right of way; 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 :
emw. 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 a public roadway.
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 lying wholly within the City of Elgin, which property
is necessary, required and needed for the purpose of
constructing a public roadway, to wit:
PARCEL A
That part of the Southwest Quarter of
Section 21, Township 41 North, Range 8 East of the
Third Principal Meridian, described as follows :
Commencing at the North line of College Green Drive
as recorded per Document 91K24760 and the East line
of Randall Road as dedicated per Document 91K33285,
thence North 01°51 ' 53" West, along the East line of
Randall Road aforesaid, 260 . 02 feet; thence North
88°08 ' 07" East, 248 . 16 feet; thence Northeasterly
104 . 72 feet along the arc of a curve concave to the
South with a radius of 250 . 00 feet and a chord
bearing of North 64°35 ' 48" East to an extension of
the East building face of the building to the South;
thence South 08°38 ' 27" West, 167 . 12 feet to the
North face of the building for the place of
beginning; thence North 81°21 ' 33" West at right
angles to the last described course, 50 .94 feet;
thence South 08°38 ' 27" West at right angles to the
last described course, 129 . 69 feet; thence South
81°21 ' 33" East at right angles to the last described
course, 50 . 94 feet; thence North 08°38 ' 27" East,
167 . 12 feet to the place of beginning, in Kane
County, Illinois .
PARCEL B
That part of the Southwest Quarter of
Section 21, Township 41 North, Range 8, East of the
Third Principal Meridian, described as follows :
Commencing at the North line of College Green Drive
as recorded per Document 91K24760 and the East line
of Randall Road as dedicated per Document 91K33285,
thence North 01°51 ' 53" West, along the East line of
Randall Road aforesaid, 260 . 02 feet; thence North
88°08 ' 07" East, 161 . 38 feet for the place of
beginning; thence continuing North 88°08 ' 07" East,
161 . 38 feet; thence Northeasterly 104 . 72 feet along
the arc of a curve concave to the South with a
radius of 250 . 00 feet and a chord bearing of North
64°35 ' 48" East to an extension of the East building
face of the building to the South; thence South
08°38 ' 27" West, 167 . 12 feet to the North face of the
building; thence North 81°21 ' 33" West at right
angles to the last described course, 50 . 94 feet;
thence South 08°38 ' 27" West at right angles to the
last described course, 129 . 69 feet; thence South
81°21 ' 33" East at right angles to the last described
course, 50 .94 feet; thence South 08°38 ' 27" East,
35 . 85 feet to the North line of College Green Drive;
thence Northwesterly 123 .46 feet along the arc of a
curve concave to the South with a radius of 798 . 00
feet and a chord bearing of North 81°45 ' 28" West to
a point on a line 161 . 38 feet East of the said East
line of Randall Road; thence North 01°51 ' 53" West,
263 . 93 feet to the place of beginning, in Kane
County, Illinois .
Section 3 . That Richard B. Helwig, City Manager of the
City of Elgin, or his designee, 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.
em- Section 4 . That the City Manager, or his designee, be
and is hereby authorized to offer $747 ,000 as and for
compensation to the owner 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 .
Kevin Kelly, May
Presented: November 8, 1995
Passed: November 8, 1995
Vote: Yeas 4 Nays 2
Recorded: November 9, 1995
Published:
Attest:
CO-b-414-v,52 111_,2_e_tv.—
Dolonna Mecum, City Clerk