G37-05 Ordinance No. G37-05
(11 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hereby repealed insofar as they are in conflict with this ordinance.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.
/
S _
Ed Schock, Mayor
Presented: March 9, 2005
Passed: March 9, 2005
Vote: Yeas: 6 Nays: 0
Recorded: March 10, 2005
Published:
Attest:
94411-%-42
Dolonna Mecum, City Clerk
rimih
EXHIBIT A
Lots 3, 4, 17, 18 and part of Lots 5 and 16 in Block 1 of 0. 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 Lots 1 through 16, inclusive, and vacated alley in
Block"A" of Davidson's Grove Avenue Subdivision, being a subdivision of said Southwest
Quarter of Section 13, also that part of Wellington Avenue (formerly Railroad Avenue) now
vacated, also that part of Chicago and Northwestern Railway property(now owned by the City of
Elgin), all of the above falls within the aforesaid Southwest Quarter of Section 13, described as
follows:
Commencing at the Southwest Corner of aforesaid Block 1 of 0. 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 for the
point of beginning; thence continuing North 37 degrees 49 minutes 11 seconds West, along said
southwesterly line of Block 1 and the southwesterly line of aforesaid Block "A" in Davidson's
Grove Avenue Subdivision, a distance of 442.18 feet to an angle in said southwesterly line of
Block "A"; thence North 33 degrees 52 minutes 42 seconds West, along said southwesterly line
of Block "A", a distance of 70.42 feet to the Northwest Corner of Block "A"; thence North 89
degrees 26 minutes 44 seconds East, along the North line of said Block"A" also being the South
line of Prairie Street and the easterly extension of said South line, a distance of 453.51 feet to the
most westerly corner of Lot 1 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 the
southwesterly line of said Lot 1 and the southwesterly line of Sylla Place as platted in aforesaid
William F. Sylla's Resubdivision, a distance of 239.51 feet to the intersection with a line that
bears North 52 degrees 26 minutes 36 seconds East from aforesaid point of beginning, said line
is also parallel with the southeasterly line of aforesaid Block 1 in 0. Davidson's Addition to
Elgin; thence South 52 degrees 26 minutes 36 seconds West, along said parallel line, a distance
of 365.38 feet to the point of beginning. Being situated in the City of Elgin, Kane County,
Illinois and containing 137,964.56 square feet more or less.
Common Address: 161 South Grove Avenue, Elgin, Illinois
Real Estate Tax Index/Parcel Index Numbers: 06-13-352-038 and 06-13-503-004