R2021-45 Resolution Authorizing Legal Proceedings for Condemnation of Parcel 57a, Located at 3941 East Faries Parkway, for the Brush College Road over Faries Parkway Grade Separation Project

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RESOLUTION NO. Ra-Oaf—yS RESOLUTION AUTHORIZING LEGAL PROCEEDINGS FOR CONDEMNATION OF PARCEL 57a,LOCATED AT 3941 EAST FARIES PARKWAY,FOR THE BRUSH COLLEGE ROAD OVER FARIES PARKWAY GRADE SEPARATION PROJECT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DECATUR, ILLINOIS: WHEREAS, the City of Decatur, Illinois is a municipal corporation organized and existing by and under the Constitution and the laws of the State of Illinois; and, WHEREAS, the City of Decatur, by virtue of 65 ILCS 5/11-61-1 and the Eminent Domain Act of the State of Illinois, is authorized to exercise the right of eminent domain to acquire property located in an unincorporated area outside of but adjacent and contiguous to its corporate limits deemed necessary and desirable for street and highway municipal purposes; and, WHEREAS, the City of Decatur, Illinois owns and maintains a municipal street system, as defined by 605 ILCS 5/2-104, and that one of the streets in said system is known as Brush College Road; and, WHEREAS, the City of Decatur, Illinois intends to construct a new interchange and grade separation at the intersection of North Brush College Road and East Faries Parkway; and, WHEREAS,the parcel described below, commonly known as 3941 East Faries Parkway, is suitable and desirable for the location of said construction of the new interchange and grade separation and said premises is private property located wholly in an unincorporated area outside of and contiguous to the corporate limits of the City of Decatur, Illinois: Partial Fee Acquisition A part of the East one half of the West 446.77 feet of the East 1003.67 feet of Lot One (1) and a part of the West 224 feet of the East 556.9 feet of Lot One (1) all of Westlake 2nd Addition of Outlots to the City of Decatur, Illinois,per Plat recorded in Book 335, Page 591 of the Records in the Recorder's Office of Macon County, Illinois and described as follows: Commencing at an Illinois Department of Transportation Vault found at the northwest corner of Section 8, Township 16 North, Range 3 East of the Third Principal Meridian per Monument Record recorded as Document 1894076 of the records aforesaid; thence, along bearings reference to the Illinois State Plane Coordinate System,NAD83 (2011 Adjustment), East Zone,North 89 degrees 06 minutes 39 seconds East 533.51 feet, along the north line of the Northwest Quarter of said Section 8; thence South 0 degrees 11 minutes 07 seconds East 36.17 feet to the intersection of the west line of the East one half