S12-97 Ordinance No. S12-97
AN ORDINANCE
AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY
FOR THE EXTENSION AND IMPROVEMENT OF A PUBLIC RIGHT OF WAY
( 31W630 Bode Road)
WHEREAS, the City Council of the City of Elgin has
determined that it is necessary and desirable to construct and
maintain an extension and improvement of a public right of way
upon 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
tow CITY OF ELGIN, ILLINOIS:
Section 1 . That it is hereby determined that certain
property in the City of Elgin, Cook County, Illinois,
hereinafter described, be acquired for the purpose of
constructing and maintaining an extension and improvement of 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 West Half of the Northwest
Quarter of Section 17 , Township 41 North, Range 09
East of the Third Principal Meridian in Cook County,
Illinois, further described as follows :
Commencing at the Northwest Corner of said
Section 17; thence South 0 degrees 36 minutes 53
seconds West along the West line of said section a
distance of 2696 . 50 feet to a point on the South line
of the Northwest Quarter of said section; thence
North 88 degrees 44 minutes 18 seconds East along
said South quarter section line a distance of 998 . 30
feet to the point of beginning; thence North 0
• 1
degrees 30 minutes 53 seconds East along the East
property line of Parkwood East Unit 2 Subdivision as
described per Document No. 24614508 a distance of
280 . 41 feet to a found iron pin on the South property
line of said Parkwood East Unit 2 Subdivision; thence
North 88 degrees 44 minutes 18 seconds East parallel
to said South Quarter section line and along said
South property line a distance of 183 . 03 feet to a
point on the West line of the Commonwealth Edison
Company right-of-way line as described per Document
No. 10021928; thence South 0 degrees 30 minutes 53
seconds West along said West right-of-way line a
distance of 280 . 41 feet to a point on said South
Quarter section line; thence South 88 degrees 44
minutes 18 seconds West along said South Quarter
section line a distance of 183 . 03 feet to the point
of beginning containing 1 . 178 acres, more or less .
Section 3 . That the Corporation Counsel, 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.
Section 4 . That the Corporation Counsel, or his designee,
be and is hereby authorized to offer $125, 000 as and for
compensation to the owner or owners of the above-described
property.
Section 5 . In the event that the Corporation Counsel is
unable to agree with the owner or owners of said property as to
compensation to be paid therefor and other terms of
acquisition, 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 .
r l 7e.5,
Kevin Kelly, Mayor
Presented: September 24 , 1997
Passed: September 24, 1997
Omnibus Vote: Yeas 7 Nays 0
Recorded: September 25, 1997
Attest:
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Dolonna Mec , Ci y Clerk