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HomeMy WebLinkAboutORDINANCE - 1537 - 9/14/1982 - ACQUISITION OF PROPERTYORDINANCE NO. 1537 AN ORDINANCE PROVIDING FOR THE ACQUISITION OF CERTAIN REAL PROPERTY, CONTIGUOUS AND ADJACENT TO THE VILLAGE OF ELK GROVE VILLAGE, FOR USE FOR HIGHWAY PURPOSES. P R E A M B L E WHEREAS, the Village of Elk Grove Village (herinafter the Village) and the State of Illinois, through the Department of Transportation (hereinafter the Department) have heretofore determined it to be necessary and convenient for the public health, welfare and safety that the inter- section of State Route 72 (Higgins Road) and King Street on the North, and Stanley Street, on the South, be improved with electric traffic control signalization; and WHEREAS, King Street is the name of the public roadway lying North of Higgins Road and Stanley Street is the name of the public roadway which is lying South of Higgins Road both public roads are the North and South extensions of the other; and WHEREAS, the centerline of Stanley Street, at or near its intersection with Higgins Road is curved and proper and standard engineering and safety practices requires that in connection with the signalization of such inter- section that the centerline of Stanley be aligned with the Street centerline of King Street; and WHEREAS, to straighten and realign the centerline of Stanley St,eet the Corporate Authorities of the Village deem it necessary and appropriate that the Village acquire a portion of the private property which is adjacent to the Westerly right-of-way of Stanley Street, which private property is also adjacent and contiguous to the corporate limits of the Village: NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois as follows: SECTION t: That the statements and findings set forth in the Preamble hereof are true and correct and are hereby incorporated by reference as if fully set forth; SECTION 2: That the private property from which the Village must acquire a portion for the purposes and uses set forth herein is legally de- scribed as: That portion of Lot 1 in the Giemza and Majka's Subdivision located in the West } of the Southwest k of Section 22, Township 41 North, Range 11 East of the Third Principal Meridian described as follows: Beginning at the Southeast corner of said Lot 1; thence Northwesterly along a line which forms an angle of 180 24 minutes as measured from the East line of said Lot 1 to the West a distance of 133.28 feet to a point; thence Northerly a distance of 36.00 feet more or less to a point on the North line of said Lot 1 being the South right-of-way line of Higgins Road said point being 42.50 feet Northwesterly of the Northeast corner of said Lot 1; thence Southeasterly along the North line of said Lot 1 a distance of 42.50 feet to the Northeast corner of said Lot l; thence Southerly along the East line of said Lot 1 being the West right-of-way line of Stanley Street a distance of 156.47 feet to the point of beginning in Cook County, Illinois, Section 3: That the Village Manager, or his duly authorized agent, be and is hereby authorized to negotiate with the owners of the property legally described in Section 2 hereof in an attempt to acquire by a nego- tiated acquisition that portion of the property described above on or be- fore October 31, 1982• Section 4: That in the event the Village Manager is unable, on or before October 31, 1982, to reach agreements with the owners of the property legally described herein as to the compensation to be paid therefor and such property legally described cannot be so obtained by nego- tiation, such property shall be acquired by the Village of Elk Grove Village through condemnation, and Samelson, Knickerbocker s Schirott, as attorneys for the Village of Elk Grove Village are hereby authorized, empowered and directed to institute appropriate proceedings after October 31, 1982, in any Court of competent jurisdiction to acquire title to the said property for said Village in accordance with the Eminent Domain Laws of the Stag of Illinois. Section 5: That the Village Clerk be and is hereby directed to publish this Ordinance in pamphlet form. Section 6: That this Ordinance shall be in full force and effect from and after its passage and approval according to law. VOTES: AYES: 6 NAYS: 0 ABSENT: 0 APPROVED: Charles J. Zettek Village President ATTEST: Patricia S. Smith Village Clerk PASSED this 14th day of September , 1982. APPROVED this 14th day of September , 1982. PUBLISHED this 22nd day of September 1982, in pamphlet form.