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TO: Mayor Thomas J. Weisner
FROM: Blanca R. Dominguez, Asst. Corp. Counsel
DATE: January 23, 2014
SUBJECT:
Resolution to authorizing the execution of an agreement to reduce the density at 721-723 Pennsylvania Avenue, PIN 15-16-431-020
PURPOSE:
To pass a resolution allowing the Mayor to execute an agreement allowing for the reduction of the density at the stated location by demolishing the structure located at 721 Pennsylvania Ave.
BACKGROUND:
Mr. Charles Buckley and his spouse, Barbara Gillett, are the current owners of the property located at 721-723 Pennsylvania Avenue, PIN 15-16-431-020. This parcel is unique in the sense that, while the premises has one Permanent Index Number identifying it, there are actually two (2) separate residential structures on said parcel--721 Pennsylvania is located at the rear portion of the lot and 723 Pennsylvania . The property has historically operated as a rental property. This location has also been the basis of multiple complaints by neighbors as well as frequent police calls.
DISCUSSION:
Because the current owner has listed the property for sale, there is an opportunity to reach an Agreement to have the structure located on 721 Pennsylvania demolished thereby reducing density. Under the Agreement, the City will pay $72,000.00 to owners in exchange for the opportunity to demolish the structure located on 721 Pennsylvania. Adequate funding for this matter exists in account number 215-1330-463-72.03. The Agreement further provides for an easement to the City to allow this demolition and further provides that the Property can only be sold to Buyer(s) who will occupy it as a single family residence. The City has agreed to undertake the demolition of 721 Pennsylvania as soon as practicable in order to increase marketability of the property as a single family residence.
The payment of $72,000.00 will be made to a joint order escrow at a title company to ensure that all liens and encumbrances on the property will be released from the title of the property prior to demolition of the property and payment to owner. The demolition will not take place until such time as the owners provide information from lienholders confirming their consent to the demolition and/or release of any and all liens and encumbrances on the property. Cost of escrow and other costs will be paid by Owners.
IMPACT STATEMENT:
This Agreement will allow the City of Aurora to reduce density in the area by removing a grandfathered second residence on the parcel. The requirement that the Property be sold and used by a resident owner should reduce police calls to the Property and satisfy numerous neighborhood concerns as the property will be more in line with current neighborhood composition after demolition of the structure located on 721 Pennsylvania.
RECOMMENDATIONS:
It is recommended that proposed resolution be forwarded to the Finance Committee meeting to be held on February 11, 2014 for eventual adoption by the City Council.
cc: Alderman O'Connor, Chairman
Alderman Mervine
Alderman Bohman
Alderman Peters, Alternate
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
title
A Resolution Authorizing the Mayor to Execute an Agreement to Reduce Density and Memorandum of Agreement (721-723 Pennsylvania Avenue, PIN 15-16-431-020)
body
WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, the City of Aurora is concerned with maintaining the uniformity of its neighborhoods as well as reducing the density in certain areas of the City to achieve said uniformity; and
WHEREAS, Charles P. Buckley and Barbara L. Gillett ("Owners") own the real property located at 721-723 Pennsylvania ("Property") on which there is currently two (2) residences erected on a single parcel and are both currently non-owner occupied rental property; and
WHEREAS, the City is desirous of reducing the density in the area in which the aforementioned property is located by having the structure commonly reffered to as 721 Pennsylvania demolished; and
WHEREAS, the City and Owners have agreed that for consideration of $72,000.00 and other considerations as set forth in the attached Agreement to Reduce Density ("Agreement"), marked as Exhibit A to allow the demolition of the structure located on 721 Pennsylvania and have further agreed to execute a Memorandum of Agreement ("Memorandum"), attached hereto as Exhibit B, to be recorded in the Recorder's Office, memorializing the understanding that, after demolition, the property shall be sold as a single family residence to be owner-occupied; and
WHEREAS, it is in the best interest of the City of to enter into the attached Agreement and Memorandum.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aurora, Illinois, as follows: hereby approves and authorizes:
A. The Mayor to execute the attached Agreement to Reduce Density, attached as Exhibit A, and the Memorandum of Agreement, attached hereto as Exhibit B, with Charles P. Buckley and Barbara L. Gillett.
B. The payment of the agreed upon amount of $72,000.00 from account number 215-1330-463-72.03.
C. Alayne M. Weingartz, Corporation Counsel, or her designee, and/or Jim Pilmer, Superintendent of Central Services, to act on the City's behalf to carry out actions necessary for performance consistent with the terms and conditions set forth in the Agreement to Reduce Density.
PASSED AND APPROVED on ______________.
AYES ____ NAYS ____ NOT VOTING ____ ABSENT ____
____________________________ __________________________
Alderman Bohman, Ward 1 Alderman Garza, Ward 2
____________________________ __________________________
Alderman Mesiacos, Ward 3 Alderman Donnell, Ward 4
____________________________ __________________________
Alderman Peters, Ward 5 Alderman Saville, Ward 6
____________________________ __________________________
Alderman Hart-Burns, Ward 7 Alderman Mervine, Ward 8
____________________________ __________________________
Alderman Bugg, Ward 9 Alderman Johnson, Ward 10
____________________________ __________________________
Alderman Irvin, At Large Alderman O'Connor, At Large
ATTEST:
____________________________ __________________________
City Clerk Mayor
Exhibit A--Agreement to Reduce Density; Exhibit B Memorandum of Agreement