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TO: Mayor and City Council
FROM: The Law Department
DATE: October 10, 2019
SUBJECT:
Acquisition of the real property located at 104 S Lincoln Ave.
PURPOSE:
To acquire the real property located at 104 S Lincoln Ave. constituting the former Lincoln Masonic Temple.
BACKGROUND:
On October 7, 2019, the former Lincoln Masonic Temple was heavily damaged by a fire of unknown origin. Though the fire was confined to the area above its fifth floor, the entire structure is unsafe and poses an immediate danger to surrounding properties and City rights-of-way. Maria Vargas is the current owner of the property. Ms. Vargas had owned the property for several years until it was transferred to Kane County via tax deed this summer. Ms. Vargas recently reacquired the property from Kane County, but does not have the resources necessary to stabilize and demolish the building safely.
DISCUSSION:
The fire has already resulted in a partial collapse of the structure above the temple's fifth floor. This recent damage, in addition to a myriad of other structural problems caused or exacerbated by years of deferred maintenance, requires immediate action to demolish the building. While the City has the legal right to undertake the demolition and lien the property for the costs, there is no viable way that this process will result in the City recapturing any of the costs of associated with the undertaking from Ms. Vargas.
Ms. Vargas has agreed to issue the City a deed to the property in lieu of demolition which will ensure that the City has clear title to the real estate once the building has been removed.
IMPACT STATEMENT:
While the loss of the historic Masonic Temple is unfortunate, accepting title to its former site will provide the City with control over the redevelopment of a significant parcel of property near the downtown core and which can be used in the future to offset some of the costs associated with the demolition.
RECOMMENDATIONS:
That the Council approve this resolution.
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
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A Resolution authorizing the acquisition of the real property located at 104 S. Lincoln Ave., Aurora, Illinois.
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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, on October 7, 2019, and continuing unto October 8, 2019, a fire heavily damaged the former Lincoln Masonic Temple located at 104 S Lincoln Ave, Aurora, Illinois 60505, (legally described in Exhibit A) ("Subject Property"); and
WHEREAS, as a result of the damage from the fire, the remaining structure was rendered unsafe and required immediate demolition; and
WHEREAS, Maria C. Vargas is presently the fee simple owner of the Subject Property and does not possess the means to safely secure and demolish the structure; and
WHEREAS, the City filed a demolition action pursuant to 65 ILCS 5/11-31-1 in relation to the Subject Property in the Circuit Court for the Sixteenth Judicial Circuit, Kane County, Illinois, Case No. 14 MR 1025 (the “Demolition Lawsuit”), at the conclusion of which the City obtained an order authorizing it to demolish the Subject Property, lien the Subject Property for the costs of demolition and foreclose on the demolition lien; and
WHEREAS, in lieu of foreclosure of a City demolition lien on the Property, as authorized by court order in the Demolition Lawsuit, the City has determined that it is in the best interests of the City, its residents and the public at large to acquire title to the Property pursuant to a deed in lieu of foreclosure under the Agreement for Deed in Lieu of Foreclosure attached hereto as Exhibit B, as the most effective means of remedying the dangerous and unsafe condition of the Subject Property and bringing the Subject Property back into productive use;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aurora, Illinois, as follows:
SECTION 1: Each recital paragraph above is incorporated by reference into this Section 1 and made a part hereof as material and operative provisions of this Resolution.
SECTION 2: That the Agreement for Deed in Lieu of Foreclosure in substantially the same firm as attached hereto as Exhibit B is hereby approved.
SECTION 3: That the Mayor and City Clerk are hereby authorized and directed to sign the Agreement for Deed in Lieu of Foreclosure and the Mayor, City Clerk and City Corporation Counsel are authorized and directed to execute all related closing documents on behalf of the City and take all actions necessary to accomplish acquisition of the Subject Property by the City.
SECTION 4: That this Resolution shall be in full force and effect from and after its adoption and approval as required by law.