HomeMy WebLinkAboutOrdinances - O-90-571 - 12/12/1990 - AUTHORIZE ACQUISITION SAN SEWER EASEMENTS0-90,571
AN ORDINANCE AUTHORIZING THE ACQUISITION OF
SANITARY SEWER EASEMENTS
WHEREAS, Smith Engineering Consultants, PC. have made
recommendations to the Mayor and City Council that the City of
McHenry acquire easements for the construction, operation and
maintenance of a municipal sanitary sewer main at the locations
hereinafter described; and,
WHEREAS, the Corporate authorities of the City of McHenry
concur in and accept the aforesaid engineering recommendations of
Smith Engineering Consultants, P.C., and find that it is useful,
advantageous, necessary and desirable for the municipal purposes
and public welfare of the citizens of the City of McHenry, Illinois
to acquire said easements.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY,
MCHENRY COUNTY, ILLINOIS as follows:
Section 1. That it is hereby determined and found that it is
useful, advantageous, necessary and desirable for the municipal
purposes and public welfare of the citizens of the City of McHenry,
Illinois, to acquire a perpetual easement to construct, operate and
maintain a municipal sanitary sewer main under, through and across
the following described property:
A strip of land 20, wide, the centerline of which is described as
follows: Commencing at the southwest corner of the Northeast
Quarter of Section 2, Township 44 North, Range 8 East of the Third
Principal meridian; thence East along the south line of said
Northeast Quarter, 888.29 feet to the Point of Beginning; thence
Northwesterly on a line forming an angle of 109 ° 01, 31" to the
left with a prolongation of the last described line for a distance
of 33.17 feet; thence Westerly, parallel to and 35.00 feet northerly
of the centerline of Bull Valley Road as traveled, 847.93 feet to a
point which is 30.93 feet northerly of, as measured perpendicular to
the south line of said Northeast Quarter; thence Northerly, parallel
to and 40.00 feet easterly of the centerline of Barreville Road as
traveled, 913.15 feet; thence Westerly at right angles to the last
described course 53.85 feet to the west line of said Northeast
Quarter for the terminus of the above described centerline. The
side lines of said 20' easement to be extended or shortened to meet
at all angle points and to terminate at the south line and the west
line of said Northeast Quarter Section.
Section 2. That the law firm of Narusis & Narusis be and it
is hereby authorized and directed, on behalf of the City of
McHenry, Illinois to negotiate with the owner or owners of record
or parties interested in the premises descried in Section 1 above
for the purpose of agreeing to compensation to be paid for said
easements.
Section 3. In the event that the City of McHenry, Illinois,
is unable to agree with the owners of said property as to the
compensation to be paid for said easements, then the easements
legally described in Section 1 of this ordinance shall be acquired
by the City of McHenry, Illinois, through condemnation, and Narusis
& Narusis, as attorneys for the City of McHenry, Illinois, are
hereby authorized, empowered and directed to institute proceedings
in any court of competent jurisdiction to acquire said easements
for the City in accordance with the eminent domain laws of the
State of Illinois.
Section 4. That this ordinance shall be published in pamphlet
form by and under the authority of the corporate authorities of the
City of McHenry, Illinois.
Section 5. That this ordinance shall be in full force and
effect from and after its passage and approval according to law.
PASSED THIS 12TH day of December, 1990.
AYES: BOLGER, DONAHUE, TETA, LIEDER, SMITH, MCCLATCHEY, PATTERSON
SERRITELLA.
NAYS: NONE
ABSTAIN: NONE
ABSENT: NONE
APPROVED THIS 12th DAY OF December, 1990.
Mayor
ATTEST:
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