R2021-47 Resolution Requesting Quick Take Authority to Acquire 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. P-)-Q 1— 4 RESOLUTION REQUESTING QUICK TAKE AUTHORITY TO ACQUIRE 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(hereinafter the "City"), 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 purposes by negotiation or eminent domain proceedings; and, WHEREAS,the City of Decatur has developed plans for the Brush College Road Over Faries Parkway Grade Separation Project; and, WHEREAS,the City has initiated negotiations for and has acquired the majority of rights-of-way needed for the project; and, WHEREAS, in order to obtain the remaining necessary highway right-of-way to build the Grade Separation Project, the City has engaged in negotiations with the owners of 3941 E. Faries Parkway(Parcel 57a) described below. Said negotiations have not yet resulted in the acquisition of said right-of-way,but said negotiations shall continue in earnest; and, 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 2°d 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 of the West 446.77 feet of the East 1003.67 feet of said Lot One(1)with the existing south right of way line of East Faries Parkway per Book 2515, Page 103 of the records aforesaid and the Point of Beginning; thence North 81 degrees 39 minutes 51 seconds East 16.50 feet along said existing right of way line; thence North 84 degrees 23 minutes