G77-04 Ordinance No. G77-04
AN ORDINANCE
PROHIBITING WATER WELLS WITHIN A DEFINED AREA OF THE CITY
(161 S. Grove Avenue-PAR Development Townhome Site)
WHEREAS, certain property in the City of Elgin, as legally described in Exhibit A,
commonly known as 161 S. Grove Avenue, Elgin, Kane County, Illinois has been used over a
period of time for commercial and industrial purposes; and
WHEREAS, because of said use, concentrations of certain chemical constituents in the
groundwater beneath the property legally described in Exhibit A may exceed groundwater
quality standards for resource groundwater; and
WHEREAS, the City of Elgin desires to limit potential threats to human health from
groundwater contamination while facilitating the redevelopment and productive use of
properties; and
WHEREAS, the City of Elgin desires to accomplish these goals by prohibiting the
construction, installation, maintenance or operation of a water well from the property described
in Exhibit A.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. Definitions. The terms and words used in this ordinance shall be used,
interpreted and defined as set forth in this Section:
"Person" shall mean any individual, partnership, co-partnership, firm,
company, limited liability company, corporation, association, joint stock
company, trust, estate, political subdivision, or any other legal entity, or their
legal representatives, agents or assigns.
"The Property" shall mean the property commonly known as 161 S. Grove
Avenue, Elgin, Kane County, Illinois and legally described on Exhibit A attached
hereto.
Section 2. No person shall construct, install, maintain, or operate a water well at The
Property legally described in Exhibit A attached hereto. All water supplies and water services
for The Property must be obtained from a public water supply system. The provisions of this
ordinance shall be applicable to all water usage including, but not limited to, domestic,
industrial/commercial uses and outdoor watering.
Section 3. Restrictions binding on City. Except for the provisions of Section four all
restrictions contained in this ordinance shall be binding on the City.
Section 4. Penalties. Any person violating the provisions of this section shall be subject to
a fine of up to $500.00 for each violation.
Section 5. Repealer. All ordinances or parts of ordinances in conflict with this section are
hereby repealed insofar as they are in conflict with this ordinance.
Section 6. Severability. If any provision of this section or its application to any person or
under any circumstances is adjudged invalid, such adjudication shall not affect the validity of the
section as a whole or of any portion not adjudged invalid.
Section 7. This ordinance shall be in full force and effect upon its passage.
d Schock, Mayor
Presented: August 25, 2004
Passed: August 25, 2004
Vote: Yeas: 6 Nays: 0
Recorded: August 26, 2004
Attest:
A .� . .._
Dolorma Mecum, ity Cler
•
EXHIBIT A
LOTS 6 THROUGH 15, INCLUSIVE, AND PART OF LOTS 5 AND 16 IN BLOCK 1 OF O. DAVIDSON'S
ADDITION TO ELGIN, BEING A SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF
SECTION 13, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,ALSO
THAT PART OF WELLINGTON AVENUE (FORMERLY RAILROAD AVENUE)NOW VACATED,
ALSO THAT PART OF CHICAGO AND NORTHWESTERN RAILWAY COMPANY PROPERTY(NOW
OWNED BY THE CITY OF ELGIN),ALL OF THE ABOVE FALLS WITHIN THE AFORESAID
SOUTHWEST QUARTER 13,DESCRIBED AS FOLLOWS:
I3EGINNING AT THE SOUTHWEST CORNER OF AFORESAID BLOCK 1 OF O. DAVIDSON'S
ADDITION TO ELGIN; THENCE NORTH 37 DEGREES 49 MINUTES 11 SECONDS WEST,ALONG
THE SOUTHWESTERLY LINE OF SAID BLOCK 1,ALSO BEING THE NORTHEASTERLY LINE OF
GROVE AVENUE, A DISTANCE OF 351.00 FEET; THENCE NORTH 52 DEGREES 26 MINUTES 36
SECONDS EAST,PARALLEL TO THE SOUTHEASTERLY LINE OF AFORESAID BLOCK 1 IN O.
DAVIDSON'S ADDITION TO ELGIN, A DISTANCE OF 365.38 FEET TO THE SOUTHWESTERLY LINE
OF SYLLA PLACE AS PLATTED IN WILLIAM F. SYLLA'S RESUBDIVISION, BEING A SUBDIVISION
OF PART OF AFORESAID SECTION 13; THENCE SOUTH 37 DEGREES 43 MINUTES 37 SECONDS
EAST, ALONG SAID SOUTHWESTERLY LINE OF SYLLA PLACE AND THE SOUTHWESTERLY LINE
OF LOT 11 IN AFORESAID WILLIAM F. SYLLA'S RESUBDIVISION AND SAID SOUTHWESTERLY
LINE OF LOT 11, EXTENDED SOUTHEASTERLY,A DISTANCE OF 326.70 FEET; THENCE SOUTH 37
DEGREES 18 MINUTES 47 SECONDS WEST, A DISTANCE OF 93.11 FEET TO THE
SOUTHEASTERLY LINE, EXTENDED NORTHEASTERLY, OF AFORESAID BLOCK 1 IN O.
DAVIDSON'S ADDITION TO ELGIN; THENCE SOUTH 52 DEGREES 26 MINUTES 36 SECONDS
WEST,ALONG SAID SOUTHEASTERLY LINE, EXTENDED NORTHEASTERLY,AND ALONG THE
SOUTHEASTERLY LINE OF SAID BLOCK 1, A DISTANCE OF 274.86 FEET TO THE POINT OF
BEGINNING. BEING SITUATED IN THE CITY OF ELGIN,KANE COUNTY, ILLINOIS AND
CONTAINING 127,053.35 SQUARE FEET MORE OR LESS.