City of Lincoln, IL Potable Water Supplies

[Ord. 489, 9-8-1999; Ord. 500, 2-22-2000; Ord. 583, 12-15-2003; amended Ord. 592, 5-3-2004; Ord. 597, 7-19-2004; Ord. 620, 10-3-2005; Ord. 626, 12-5-2005]

(A)

Attached to ordinance 489 and available for inspection in the office of the City Clerk and incorporated herein is exhibit A which is a site map prepared on behalf of the estate of Robert G. Behrends which shows the ground water plume at the time of this subsection. That portion of the right of way owned by the City for 5th Street adjacent to the site, as shown in exhibit A, is the subject of this subsection and is possibly or may become impacted with contaminates from a release at the site. Ground water in the right of way is not believed to be presently impacted with contaminants above applicable tier 1 remediation objectives. The right of way is impractical to sample for contaminants. As exhibit A is not a survey plat, the boundaries of the right of way shown may be in approximation of the actual location of the right of way boundaries.

No water well shall be constructed or deepened in the right of way for 5th Street shown on exhibit A. It shall be unlawful to construct or deepen a water well in said area.

(B)

The subject area is defined as the 6.4 acre proposed commercial development located in the northeast quadrant of the intersection of Woodlawn and Postville Roads in the City and a minimum distance of 2,500 feet in every direction therefrom, which includes those portions of the eastern half of the 26th quadrant that have been or may be in the future annexed to the City, and the western half of the 25th quadrant excluding a small portion of the northwest corner thereof which has not been annexed from Logan County, as depicted on the map attached to ordinance 500. When this subsection is read in conjunction with the Logan County ground water ordinance, all of the area within the ground water restriction box as shown in exhibit A attached to ordinance 500 and available for inspection in the office of the City Clerk is included and is described as the eastern half of the 26th quadrant and the western half of the 25th quadrant.

(C)

The area defined in ordinance 583 which is available for inspection in the office of the City Clerk is generally described as real estate located within a 2,500-foot radius of the northwest quadrant of the intersection of North Kickapoo Street and Keokuk Street as set forth in greater detail in said ordinance.

(D)

The subject area is defined as all real estate located within 2,850 feet of the following described real estate:

Tract 1: Eighty feet off of the full Northeast end of the Northwest Half of Lot 2 in Block 7 in Wyatt and Latham's Second Addition to the Town, now City of Lincoln, Logan County, Illinois, being a parcel 80 feet square located on the Southeast corner of the intersection of Keokuk and Kankakee Streets in the City of Lincoln, Illinois, excepting the following described tract: Beginning at the North corner of said Lot 2; thence Southeasterly 80.45 feet along the Northeasterly line of Lot 2 to the Southeasterly line of the Northwest Half of Lot 2; thence Southwesterly 5.50 feet along the Southeasterly line of the Northwest Half of Lot 2; thence Northwesterly 66.89 feet parallel to the Northeasterly line of Lot 2; thence Westerly 19.18 feet to the Northwesterly line of Lot 2; thence Northeasterly 19.05 feet along the Northwesterly line of Lot 2 to the point of Beginning, commonly known as 505 Keokuk, Lincoln, Illinois 62656.

Tract 2: The Southwest 80 feet of Northwest Half of Lot 2 in Block 7 of Wyatt & Latham's Second Addition, Lincoln, Illinois.

Tract 3: The Southeast Half (SE 1/2) of Lot Two in Block Seven in Wyatt and Latham's Second Addition to the Town, now City of Lincoln, Logan County, Illinois. as depicted on the map attached to ordinance 597.

(E)

The subject area is defined as all real estate located within 2,500 feet of the following described real estate:

Lots 15 and 16 in Block 17 in the Original Town, now City of Lincoln, Logan County, Illinois, together with an easement for parking purposes, subject to the terms and provisions of that certain grant of easement recorded in the Logan County recorder's office on October 25, 2002, as document 0018187, on, over, and across the following described real estate: 20 feet of the uniform width off of the North or Northeast side of Lot 14 in Block 17 in the Original Town, now City of Lincoln, Logan County, Illinois;

as depicted on the map attached to ordinance 620.

(F)

The subject area is defined as all real estate located within the jurisdictional boundaries of the City of Lincoln, Logan County, Illinois, which is located within 2,500 feet of the real estate known as 1600 Fifth Street, Lincoln, Logan County, Illinois, as depicted on the map attached to ordinance 626.

Except for such uses or methods in existence before the effective date hereof, the use or attempt to use ground water as a potable water supply source by the City or any other person within the subject area(s) is hereby prohibited.

The drilling or other installation of wells, cisterns or water collection devices that may be used as a potable water supply source by the City or any other person within the subject area(s) is hereby prohibited.

Any person who wishes to use this section as an institutional control for purposes of any Illinois remediation program including the site remediation program for property located within the subject area(s) shall have the burden of demonstrating that such property is located, and any associated ground water impacts are and will remain, entirely within the subject area(s).