ORDINANCE
Title
ORDINANCE ESTABLISHING THE RIGHT-OF-WAY FOR THE CONSTRUCTION, OPERATION, MAINTENANCE AND REHABILITATION OF THE SEDIMENT REMEDIATION AND WETLAND CONSTRUCTION IN THE COLLATERAL CHANNEL, CONTRACT 06-841-1S, NEAR KEDZIE AVENUE AND 31ST STREET IN THE CITY OF CHICAGO, FOR STRIPS OF LAND IN SANITARY DISTRICT TRUSTEES' SUBDIVISION LYING IN SECTION 36, TOWNSHIP 39 NORTH, RANGE 13 EAST, OF THE THIRD PRINCIPAL MERIDIAN, ALL IN COOK COUNTY, ILLINOIS.
Body
WHEREAS, THE BOARD OF COMMISSIONERS OF THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO, PURSUANT TO THE STATUTE IN SUCH CASE MADE AND PROVIDED, HAS FROM TIME TO TIME ACQUIRED BY PURCHASE, CONDEMNATION, OR OTHERWISE, LANDS NECESSARY AND DESIRABLE FOR USE IN THE UPGRADING OF THE QUALITY OF WATERS IN THE METROPOLITAN COMMUNITIES; AND
WHEREAS, IT IS NECESSARY TO OBTAIN PERMANENT AND TEMPORARY EASEMENTS OR FEE SIMPLE TITLE AS THE RIGHT-OF-WAY FOR THE CONSTRUCTION, OPERATION, MAINTENANCE, AND REHABILITATION OF THE SEDIMENT REMEDIATION AND WETLAND CONSTRUCTION OF THE COLLATERAL CHANNEL CONTRACT, 06-841-1S, NEAR KEDZIE AVENUE AND 31ST STREET IN THE CITY OF CHICAGO, FOR STRIPS OF LAND IN SANITARY DISTRICT TRUSTEES' SUBDIVISION LYING IN SECTION 36, TOWNSHIP 39 NORTH, RANGE 13 EAST, OF THE THIRD PRINCIPAL MERIDIAN, ALL IN COOK COUNTY, ILLINOIS, AND APPURTENANCES THERETO.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO:
SECTION 1. THAT THERE BE AND IS HEREBY LAID OUT, LOCATED, CREATED AND ESTABLISHED A RIGHT-OF-WAY FOR THE CONSTRUCTION, OPERATION, MAINTENANCE, AND REHABILITATION OF THE SEDIMENT REMEDIATION AND WETLAND CONSTRUCTION OF THE COLLATERAL CHANNEL, CONTRACT 06-841-1S, NEAR KEDZIE AVENUE AND 31ST STREET IN THE CITY OF CHICAGO, FOR STRIPS OF LAND IN SANITARY DISTRICT TRUSTEES' SUBDIVISION LYING IN SECTION 36, TOWNSHIP 39 NORTH, RANGE 13 EAST, OF THE THIRD PRINCIPAL MERIDIAN, ALL IN COOK COUNTY, ILLINOIS, AND LEGALLY DESCRIBED AS FOLLOWS, TO WIT:
(FOR LEGAL DESCRIPTIONS, SEE EXHIBIT "A, B AND C" WHICH IS ATTACHED HERETO AND MADE A PART HEREOF).
SECTION 2. THAT IT IS NECESSARY, CONVENIENT, DESIRABLE AND IN THE PUBLIC INTEREST TO ACQUIRE FEE SIMPLE TITLE OR SUCH LESSER INTERESTS AS MAY BE DEEMED APPROPRIATE IN AND TO THE REAL ESTATE HEREINAFTER DESCRIBED AS A SITE FOR THE CONSTRUCTION, OPERATION, MAINTENANCE AND REHABILITATION OF THE SEDIMENT REMEDIATION AND WETLAND CONSTRUCTION OF THE COLLATERAL CHANNEL, CONTRACT 06-841-1S, NEAR KEDZIE AVENUE AND 31ST STREET IN THE CITY OF CHICAGO, FOR STRIPS OF LAND IN SANITARY DISTRICT TRUSTEES' SUBDIVISION LYING IN SECTION 36, TOWNSHIP 39 NORTH, RANGE 13 EAST, OF THE THIRD PRINCIPAL MERIDIAN, ALL IN COOK COUNTY, ILLINOIS, TO WIT:
(FOR LEGAL DESCRIPTIONS, SEE EXHIBIT "A, B AND C" WHICH IS ATTACHED HERETO AND MADE A PART HEREOF).
SECTION 3. THAT THE CONSTRUCTION, OPERATION, MAINTENANCE AND REHABILITATION OF THE SEDIMENT REMEDIATION AND WETLAND CONSTRUCTION OF THE COLLATERAL CHANNEL, CONTRACT 06-841-1S, NEAR KEDZIE AVENUE AND 31ST STREET IN THE CITY OF CHICAGO, FOR STRIPS OF LAND IN SANITARY DISTRICT TRUSTEES' SUBDIVISION LYING IN SECTION 36, TOWNSHIP 39 NORTH, RANGE 13 EAST, OF THE THIRD PRINCIPAL MERIDIAN, ALL IN COOK COUNTY, ILLINOIS, TOGETHER WITH ALL NECESSARY APPURTENANCES THERETO, THE SAME TO BE AN ADJUNCT OF AND ADDITION TO THE DRAINAGE SYSTEM OF THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO, AS DESCRIBED IN SECTIONS 1 AND 2 OF THIS ORDINANCE.
SECTION 4. THAT IT IS NECESSARY, CONVENIENT AND DESIRABLE FOR THE PURPOSES OF THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO TO ACQUIRE FEE SIMPLE TITLE OR SUCH LESSER INTERESTS AS MAY BE DEEMED APPROPRIATE IN AND TO THE REAL ESTATE NECESSARY TO FACILITATE THE CONSTRUCTION, OPERATION, MAINTENANCE, AND REHABILITATION OF THE SEDIMENT REMEDIATION AND WETLAND CONSTRUCTION OF THE COLLATERAL CHANNEL, CONTRACT 06-841-1S, NEAR KEDZIE AVENUE AND 31ST STREET IN THE CITY OF CHICAGO, FOR A STRIP OF LAND IN SANITARY DISTRICT TRUSTEES' SUBDIVISION LYING IN SECTION 36, TOWNSHIP 39 NORTH, RANGE 13 EAST, OF THE THIRD PRINCIPAL MERIDIAN, ALL IN COOK COUNTY, ILLINOIS, AS DESCRIBED IN SECTIONS 1 AND 2 OF THIS ORDINANCE.
SECTION 5. THAT THE GENERAL SUPERINTENDENT OF THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO BE AND HE IS HEREBY AUTHORIZED AND DIRECTED TO NEGOTIATE WITH THE RESPECTIVE OWNERS AND PARTIES IN INTEREST OF THE REAL ESTATE DESCRIBED IN SECTIONS 1 AND 2 OF THIS ORDINANCE FOR THE PURPOSES OF ACQUIRING FEE SIMPLE TITLE OR SUCH LESSER INTERESTS AS MAY BE DEEMED APPROPRIATE IN AND TO THE REAL ESTATE DESCRIBED IN SECTIONS 1 AND 2 OF THIS ORDINANCE; AND TO ENDEAVOR TO AGREE WITH SAID OWNERS AND PARTIES IN INTEREST UPON THE PRICE TO BE PAID TO THEM OR EITHER OF THEM FOR SAID FEE SIMPLE TITLE OR SUCH LESSER INTEREST; AND TO ENGAGE THE SERVICES OF SUCH APPRAISERS AS MAY BE NECESSARY UNDER THE PROVISIONS OF SECTION 11.4, ACT 2605, CHAPTER 70, ILLINOIS COMPILED STATUTES, FOR THE PURPOSES OF SUCH ACQUISITION.
IN THE EVENT THAT SAID GENERAL SUPERINTENDENT OF THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO IS UNABLE TO AGREE WITH THE OWNERS AND PARTIES IN INTEREST OF ANY OR ALL OF SAID PIECES OR PARCELS OF PROPERTY DESCRIBED IN SECTIONS 1 AND 2 OF THIS ORDINANCE FOR AND IN RESPECT TO COMPENSATION TO BE PAID TO ANY OF SAID OWNERS AND PARTIES IN INTEREST OF ANY OR ALL OF SAID PROPERTY DESCRIBED IN SECTIONS 1 AND 2 OF THIS ORDINANCE, OR IF SAID OWNERS OR PARTIES IN INTEREST ARE INCAPABLE OF CONSENTING OR THEIR NAMES OR RESIDENCES ARE UNKNOWN, OR THEY ARE NON-RESIDENTS OF ILLINOIS, THE GENERAL SUPERINTENDENT OF THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO SHALL REPORT SUCH FACT TO THE ATTORNEY FOR THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO, AND THEREUPON SAID ATTORNEY SHALL COMMENCE AND PROSECUTE CONDEMNATION PROCEEDINGS IN SUCH COURTS AS HE MAY DEEM PROPER TO ACQUIRE SUCH FEE SIMPLE TITLE OR SUCH LESSER INTERESTS BY VIRTUE OF THE EMINENT DOMAIN LAWS OF THE STATE OF ILLINOIS AS DIRECTED BY THE GENERAL SUPERINTENDENT AND TO PAY ALL COSTS AND EXPENSE, INCLUDING APPRAISAL FEES, INCURRED IN CONNECTION THEREWITH.
SECTION 6. THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE.
Dated: This 14th day of August 2008.
Approved as to Engineering: APPROVED:
__________________________________ __________________________________
JOSEPH P. SOBANSKI HON. TERRENCE J. O'BRIEN, President
Chief Engineer Board of Commissioners of the Metropolitan
Water Reclamation District of Greater
Chicago
Approved as to Form and Legality:
_________________________________
CARLTON LOWE
Head Assistant Attorney
__________________________________
FREDERICK M. FELDMAN
Attorney
06841S
DRJ08
EXHIBIT A
A STRIP OF LAND 14 FEET WIDE IN SANITARY DISTRICT TRUSTEES' SUBDIVISION LYING IN THE EAST ½ OF THE WEST ½ OF THE NORTHWEST ¼ OF SECTION 36, TOWNSHIP 39 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN.
COMMENCING AT THE SOUTHEAST CORNER OF THE WEST ½ OF THE NORTHWEST ¼ OF THE NORTHWEST ¼; THENCE NORTH ALONG THE EAST LINE OF THE WEST ½ OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ FOR A DISTANCE OF 180.00 FEET TO A POINT OF BEGINNING; THENCE NORTH ALONG THE EAST LINE OF THE WEST ½ OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ FOR A DISTANCE OF 1121.80 FEET TO THE INTERSECTION OF THE EAST LINE OF THE WEST ½ OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ AND THE SOUTH RIGHT-OF-WAY LINE OF 31ST STREET; THENCE BEARING NORTH 88 DEGREES 09 MINUTES 18 SECONDS EAST FOR A DISTANCE OF 14.00 FEET; THENCE BEARING SOUTH 01 DEGREES 40 MINUTES 45 SECONDS EAST FOR A DISTANCE OF 1121.80 FEET; THENCE BEARING SOUTH 88 DEGREES 09 MINUTES 18 SECONDS WEST FOR A DISTANCE OF 14.00 FEET TO THE POINT OF BEGINNING.
PIN NO(S): 16-36-100-035-0000
16-36-100-047-0000
16-36-100-048-0000
EXHIBIT B
A PARCEL OF LAND IN SANITARY DISTRICT TRUSTEES' SUBDIVISION IN THE WEST ½ OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 36, TOWNSHIP 39 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN.
COMMENCING AT THE SOUTHEAST CORNER OF THE WEST ½ OF THE NORTHWEST ¼ OF THE NORTHWEST ¼; THENCE NORTH ALONG THE EAST LINE OF THE WEST ½ OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ FOR A DISTANCE OF 180.00 FEET; THENCE NORTH ALONG THE EAST LINE OF THE WEST ½ OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ FOR A DISTANCE OF 625.05 FEET TO A POINT OF BEGINNING; THENCE BEARING SOUTH 88 DEGREES 09 MINUTES 18 SECONDS WEST FOR A DISTANCE OF 133.00 FEET; THENCE BEARING SOUTH 01 DEGREES 40 MINUTES 45 SECONDS EAST FOR A DISTANCE OF 110.00 FEET; THENCE BEARING NORTH 88 DEGREES 09 MINUTES 18 SECONDS EAST A DISTANCE OF 100.00 FEET; THENCE BEARING NORTH 01 DEGREES 40 MINUTES 45 SECONDS WEST FOR A DISTANCE OF 100.00 FEET; THENCE BEARING NORTH 88 DEGREES 09 MINUTES 18 SECONDS EAST FOR A DISTANCE OF 33.00 FEET; THENCE NORTH ALONG THE EAST LINE OF THE WEST ½ OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ FOR A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS.
PIN NO(S): 16-36-100-050-0000
16-36-100-044-0000
16-36-100-043-0000
16-36-100-036-0000
EXHIBIT C
A PARCEL OF LAND IN THE WEST ½ OF THE NORTHWEST ¼ OF SECTION 36, TOWNSHIP 39 NORTH, RANGE 13 EAST ALL IN COOK COUNTY, ILLINOIS.
COMMENCING AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF 31ST STREET AND THE EAST LINE OF THE WEST ½ OF THE NORTHWEST ¼ OF SECTION 36, TOWNSHIP 39 NORTH, RANGE 13 EAST; THENCE BEARING SOUTH 88 DEGREES 09 MINUTES 18 SECONDS EAST FOR A DISTANCE OF 333.62 FEET TO THE POINT OF BEGINNING; THENCE BEARING SOUTH 01 DEGREES 40 MINUTES 45 SECONDS WEST A DISTANCE OF 1050.00 FEET; THENCE BEARING SOUTH 69 DEGREES 37 MINUTES 25 SECONDS WEST A DISTANCE OF 180.00 FEET; THENCE BEARING NORTH 01 DEGREES 40 MINUTES 45 SECONDS WEST FOR A DISTANCE OF 1115.00 FEET; THENCE BEARING NORTH 88 DEGREES 09 MINUTES 18 SECONDS EAST FOR A DISTANCE OF 170.00 FEET TO THE POINT OF BEGINNING.
PIN NO: 16-36-100-058-0000