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TO: Mayor Richard C. Irvin
FROM: Mark Phipps, Engineering Coordinator
DATE: December 22, 2021
SUBJECT:
A resolution authorizing an intergovernmental agreement with the Fox Valley Park District for the conveyance and contribution of an unimproved section of Gillette Avenue right-of-way in Ward 6 (Alderman Saville).
PURPOSE:
The unimproved section of Gillette Avenue right-of-way will become part of the Fox Valley Park District's Wilbert Walters Park.
BACKGROUND:
The Fox Valley Park District, in partnership with VNA Health Care, is the recipient of a CDBG grant to install adult fitness components along a new 1/3 mile asphalt path at Wilbert Walters Park on North Highland Avenue, just south of West Illinois Avenue. This park is located one block north of VNA Health Care. This new "Wellness Walk" will serve VNA clientele and residents of the neighborhood as part of rehabilitation and fitness/wellness programming.
DISCUSSION:
Gillette Avenue extends approximately 210 feet south from West Illinois Avenue, but the unimproved right-of-way for Gillette Avenue runs another 420 feet farther south (the "Remnant Parcel" shown on Exhibit A). The Remnant Parcel is adjacent to the existing Wilbert Walters Park and the Public Works Department has no plans to extend Gillette Avenue. The Paving Plan for Wilbert Walters Park shows how the proposed Wellness Walk would incorporate the Remnant Parcel into the Park (refer to Sheet 2 of 2 in Exhibit B). If the Intergovernmental Agreement (Exhibit C) is executed by the City, Fox Valley Park District will draft the deed for transfer of the Remnant Parcel to the Park District.
IMPACT STATEMENT:
The City would convey fee simple title to the Remnant Parcel to Fox Valley Park District.
RECOMMENDATIONS:
Staff recommends approval of this Resolution.
cc: Infrastructure and Technology Committee
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
title
A Resolution authorizing an intergovernmental agreement with the Fox Valley Park District for the conveyance and contribution of an unimproved section of the Gillette Avenue right-of-way.
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, Article 7, Section 10 of the Constitution of the State of Illinois, 1970, authorizes units of local government, including park districts and municipalities, to enter into agreements to exercise, combine, or transfer power or functions not prohibited to them by law or ordinance: and
WHEREAS, the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) authorizes units of local government in Illinois to exercise jointly with any other public agency within the State, including other units of local government, any power, privilege, or authority which may be exercised by a unit of local government individually and to enter into contracts for the performance of government services, activities and undertakings; and
WHEREAS, the City and Fox Valley Park District ("District") previously expressed their mutual desire for intergovernmental cooperation for the benefit of its neighborhoods and surrounding community within the City including a prior intergovernmental agreement dated July 11, 2016 relating to certain park properties within the City swapped between the City and District under which a property known as the Lincoln Avenue Mini Park was conveyed to the City by the District; and
WHEREAS, one parcel constituting a portion of Gillette Avenue located approximately 207 feet south of Illinois Avenue (adjacent to and along the west line of PIN No. 15-16-452-066, the "Remnant Parcel"), which Remnant Parcel was never established or developed in any manner as a working street and has been incorporated into the park at the location (the "Wilbert Walters Park" or the "Park") and the Remnant Parcel could have been included in the conveyances, but is also a candidate for simply conveying to the District to complete the ownership of the Remnant Parcel as part of the Park; and,
WHEREAS, the District is willing to draft the deed for transfer of the Remnant Parcel from the City to the District as contemplated herein.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aurora, Illinois, as follows: that the Intergovernmental Agreement with the as set forth in Exhibit C shall be and hereby is approved; and further
BE IT RESOLVED, that the Mayor shall be and hereby is authorized to execute said Intergovernmental Agreement with the District on behalf of the City; and further
BE IT RESOLVED, that the respective officers and employees of the City shall be and hereby are authorized and directed to take all actions necessary to convey the Remnant Parcel to the District in accordance with the Intergovernmental Agreements and the purposes of this Resolution.