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TO: Mayor Thomas J. Weisner
FROM: Stephane Phifer, Planning & Zoning Director
DATE: April 10, 2014
SUBJECT:
A Resolution authorizing an Easement Agreement at 28 West New York Street between the City of Aurora and West New York LLC, an Illinois Limited Liability Company (West New York, LLC and The City of Aurora - AU22/3-14.107-M - SP Ward 6/Saville)
PURPOSE:
Attached is a resolution authorizing the execution of an easement agreement between West New York, LLC and The City of Aurora granting an easement to West New York, LLC across the City owned Tivoli Plaza construct, maintain and use a deck and to construct, maintain and use a grease basin and inspection manhole within New York St ROW and Tivoli Plaza for the property at 28 W. New York Street.
BACKGROUND:
The property is located at 28 W. New York Street, and is the Ballydoyle Irish Pub
Legislative History:
Date Review Body Motion Vote
8/15/2014 Planning Council Forward Unanimous
DISCUSSION:
Proposal: The petitioner, West New York LLC, is requesting an easement agreement to install, construct, maintain and use a deck, grease basin and inspection manhole within Tivoli Plaza. When the Ballydoyle development occurred, the original plan proposed the installation of a grease basin within the Tivoli Plaza. This portion of the plan was never implemented and the actual grease basin and inspection manhole was installed in the New York Street Right-of-Way. This agreement will address this change in placement of the already placed grease basin and manhole in New York St ROW, however it will not change or alter the previously granted easements allowing the petitioner to utilize the air rights for an outdoor deck within the plaza and the installation of a grease basin within the plaza.
Evaluation: The City's outside Council has reviewed the Easement Agreement, submitted by the petitioner and have sent comments back to them on those submittals. The proposed Easement Agreement will provide appropriate protections for the use of the public property by the grantee across both Tivoli Plaza and the New York Street Right-of-Way. This agreement will allow the City to be able to abandon the intended sanitary sewer that exists within the Plaza and if the grantee were to utilize the plaza for the installation of a future basin and manhole, all effluent from these structures would be required to be discharged to the sanitary sewer that exists within the New York Street Right of Way.
IMPACT STATEMENT:
The Planning and Zoning Division would anticipate that this project will increase the City's overall tax base and viability which will offset any incidental Department or staffing impacts.
RECOMMENDATIONS:
Staff would recommend Approval of the Resolution authorizing an Easement Agreement at 28 West New York Street between the City of Aurora and West New York LLC, an Illinois Limited Liability Company.
cc: Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, Alternate
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
title
A Resolution Authorizing an Easement Agreement at 28 West New York Street between the City of Aurora and West New York LLC, an Illinois Limited Liability Company.
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, West New York LLC, and Illinois Limited Liability Company is the owner of 28-42 West New York Street and have requested the City of Aurora to grant them an easement across the City-owned Tivoli Plaza and the immediate adjoining area of New York Street, in order to install, construct, maintain and use a deck grease basin and inspection manhole on the real portions of 28 West New York Street; and
WHEREAS, the City is requesting the owner enter into the attached Easement Agreement with respect to the City granting said Easement, which the owner has agreed to do; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Aurora, Illinois, finds as facts all of the preamble recitals of this Resolution and hereby shall enter into the attached Easement Agreement with West New York LLC to allow it to install, construct, maintain and use a deck, grease basin and inspection manhole on the rear portions of 28 West New York Street across the City-owned Tivoli Plaza, and the immediate adjoining area of New York Street, a copy of which Easement Agreement is attached hereto and made a part hereof.
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
Legistar Number: 14-00292
Parcel Number:
15-22-302-027
EASEMENT AGREEMENT
After recording mail to:
City of Aurora Law Department
44 East Downer Place
Aurora, IL 60507
This Easement Agreement made this _____ day of _________, 2014 between the City of Aurora, a municipal corporation, with offices located at 44 East Downer Place, Aurora, Illinois 60507 ("Grantor") and West New York LLC, an Illinois Limited Liability Company, ("Grantee").
The Grantor is the owner in fee simple of a public way commonly known as the Tivoli Plaza, and the immediate adjoining public way commonly known as New York Street. The Grantee is the fee simple owner of adjoining parcels of land commonly known as 28-42 West New York Street, Aurora, Illinois, and legally described as follows:
LOTS 8, 9, 10, 11, 12, 13, 14, AND 15 OF HOYT AND BROTHER COMPANY SUBDIVISION, BEING A SUBDIVISION OF LOT 7 IN BLOCK 1 OF WILDER'S AMENDED ADDITION TO WEST AURORA, IN THE CITY OF AURORA, KANE COUNTY, ILLINOIS.
AND
THE WESTERLY 2 FEET OF AN UNNUMBERED LOT IN HOYT AND BROS. COMPANY SUBDIVISION IN THE SOUTHWEST ΒΌ OF SECTION 22, TOWNSHIP 38 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN BEING A STRIP OF LAND LYING SOUTHERLY OF THE SOUTHERLY LINE OF NEW YORK STREET, EASTERLY OF AND ADJOINING LOT 15 IN BLOCK 1 OF HOYT AND BROS. COMPANY, SUBDIVISION, AND NORTHERLY OF THE SOUTHERLY LINE EXTENDED EASTERLY OF SAID LOT 15, IN THE CITY OF AURORA, KANE COUNTY, ILLINOIS.
PERMANENT INDEX NO(S): 15-22-302-027
PROPERTY ADDRESS: 28 West New York Street, Aurora, Illinois
Grantor has previously granted an Easement to Grantee's predecessor in title, and to Grantee, to maintain and use patios and balconies and to maintain and install a grease basin and inspection manhole at the rear portion of Grantee's property in the Tivoli Plaza. Said Easements were granted by the City per Resolution R04-435 dated October 26, 2004 and Resolution R08-435, dated September 23, 2008, respectively.
The Grantor desires to abandon the sanitary sewer located within Tivoli Plaza. Therefore, if Grantee were to develop the basement floor level of its property to include plumbing improvements or additions, or were to install a grease basin in Tivoli Plaza, all effluent from these devices must discharge to the sanitary sewer located within the New York Street sanitary sewer.
By entering into this Easement Agreement, the Parties hereto agree that the Easements granted pursuant thereto will be vacated and held for naught.
The Grantee is desirous of maintaining a current deck in air rights over the Tivoli Plaza, and a grease basin and inspection manhole located in Tivoli Plaza and the immediate adjoining area of New York Street, which Grantor has jurisdiction of, and the Grantor has agreed, in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which by the Grantor is acknowledged, to grant to the Grantee an Easement over the Tivoli Plaza and the immediate adjoining area of New York Street for the construction, maintenance and use of and access to Tivoli Plaza and New York Street in the area for the uses and purposes aforesaid, as more fully set forth on the attached Exhibit "A".
For said valuable consideration, the Grantor hereby grants to the Grantee, its heirs and assigns, full and free right and authority over and upon a portion of the Tivoli Plaza, and the immediate adjoining area of New York Street, to construct, maintain, use and access to said Tivoli Plaza and New York Street for the above uses in the areas as set forth on the attached Exhibit "A".
The Grantee covenants with the Grantor that it and its heirs and/or assigns shall be responsible for all costs for the installation and ongoing maintenance for the deck, grease basin and inspection manhole and shall keep said area in a neat clean and orderly condition and in good repair and shall return the Tivoli Plaza and New York Street to its original condition after installation of the grease basin and inspection manhole and upon discontinuing said uses. The Grantee shall make no connections to dispose of effluent from any plumbing improvements or additions, including a grease basin, into the above-mentioned sanitary sewer located in Tivoli Plaza. Any improvements or changes to said Tivoli Plaza and New York Street Easement Areas, including its initial construction, must first be approved in writing by the City's Fox Walk Design Review Committee and comply with all City of Aurora Ordinances. Grantee agrees to hold the City harmless from any loss, cost or damage that may arise in connection with this Easement or the use of the Easement Areas by the Grantee, its agents, employees or any other person using the exterior deck, grease basin or inspection manhole. Grantee shall maintain, at its expense, public liability and property damage insurance policies covering the Easement Areas, deck and installed improvements and shall provide the Grantor with a copy of a continuing public liability and property damage insurance policy covering both the Grantee and Grantor as named co-insured with limits of not less than $1,000,000.00 for injury to any one person and $500,000.00 for property damage for any one occurrence. Grantee agrees that all policies of insurance shall provide primary coverage to Grantor and any of Grantor's insurance shall be secondary and non-contributing. All insurance policies shall be written with insurance companies licensed to do business in the State of Illinois and having a rating not less than A IX, according to the latest edition of the A.M. Best Company; and shall include a provision preventing cancellation of the insurance policy unless thirty (30) days prior written notice is given to the City. This provision shall also be stated on each Certificate of Insurance as: "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will endeavor to mail 10 days written notice to the certificate holder named to the left". Within thirty (30) days of execution of the easement agreement, the Grantee shall provide a Certificate of Insurance naming the City/Grantor as primary, non-contributory additional insured. If requested, the Grantee will give the City a copy of the insurance policies. The policies must be delivered to the City within two weeks of the request.
All terms, covenants and conditions contained herein shall continue and bind all successors in interest of the Grantee.
(SIGNATURE PAGES TO FOLLOW)
West New York, LLC, an Illinois
Limited Liability Company
By:
Its:
State of _____________ )) ss
County of ___________ )
I, the undersigned, a Notary Public in and for the aforesaid County and State, do hereby certify that ______________________, personally known to me to be the same person whose name is subscribed to the foregoing instrument, and that said individual appeared and delivered said instrument as a free and voluntary act for the uses and purposes therein set forth in the aforesaid instrument
Given under my hand and notarial seal this _______day of _____________A.D., 20________.
_____________________________________________________
Notary
_______________________________________________________________
Please Print/type name
Notary's Seal
CITY OF AURORA
By:____________________________
Its: Mayor
Attest:
By:_______________________________
Its: City Clerk
EXHIBIT "A"
EASEMENT AREA