S3-95 Ordinance No. S3-95
AN ORDINANCE
AMENDING ORDINANCE NO. S2-93 AUTHORIZING THE
ACQUISITION OF CERTAIN PROPERTY FOR PUBLIC PURPOSE
(205 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, it is necessary to acquire certain property
hereinafter described; and
WHEREAS, a home rule unit may 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
and pertains to the government and affairs of the City of
Elgin; and
WHEREAS, on May 26, 1993, the City Council of the City of
Elgin passed Ordinance No. S2-93 authorizing the acquisition
of the property commonly known as 205 Kimball Street, Elgin,
Kane County, Illinois; and
WHEREAS, as provided for in Ordinance No. S2-93 the
Corporation Counsel thereafter proceeded with appropriate
legal proceedings to acquire title and possession to said
property for the City of Elgin in accordance with the eminent
domain laws of the State of Illinois; and
WHEREAS, it has been discovered since the institution of
said legal proceedings that there was omitted from the legal
description contained in Ordinance S2-93 a portion of the
subject property consisting of a portion of a previously
vacated public alley which is adjacent to the subject
property; and
WHEREAS, in order to acquire title to the entire property
it is necessary to adopt an amended ordinance so as to include
within the legal description of the property to be acquired
the portion of the vacated alley adjacent to the subject
property.
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:
Lot 24 and the North One-Half of the Vacated
Alley lying South of and adjoining said lot, of
Phineas J. Kimball ' s Jr. Second Addition to Elgin,
in the City of Elgin, Kane County, Illinois .
Section 3 . That the Corporation Counsel is directed to
proceed with the previously filed eminent domain proceedings
to acquire title to and possession of said property for the
City of Elgin.
Section 4 . That all ordinances or parts of ordinances in
conflict with the provisions of this ordinance be and are
hereby repealed.
!"-174=--
George anDeVoorde, Mayor
Presented: March 8, 1995
Passed: March 8, 1995
Vote: Yeas 6 Nays 0
Recorded: March 9, 1995
Published:
Attest:
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Do onna Mecum, City Clerk
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