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TO: Mayor Thomas J. Weisner
FROM: Tracey M. Vacek, Planner
DATE: March 29, 2016
SUBJECT:
An Ordinance authorizing an Agreement between the City of Aurora, Maruti Real Estate LLC, Philip E. Hotchkin and Gary G. Piccony, as Executor of the Estate of Paul W. Soderstrom to convey a portion of the City's property at 1275 N. Lake Street to Maruti Real Estate LLC, to terminate the ingress-egress access easement created by Document No. 2013K014624, and to grant a new ingress-egress access easement.
PURPOSE:
This request is to facilitate the redevelopment of 1271 N. Lake Street.
BACKGROUND:
Maruti Real Estate LLC has petitioned the City to redevelop the property at 1271 N. Lake Street, which is under separate action being reviewed and approved concurrently with this agreement.
To facilitate the redevelopment of 1271 N. Lake Street, this agreement will allow for the conveyance of a portion of the City's property at 1275 N. Lake Street to Maruti Real Estate LLC, the termination of the ingress-egress access easement created by Document No. 2013K014624, and the grant of a new ingress-egress access easement.
The City owns the property at 1275 N. Lake Street which bisects the property at 1271 N. Lake Street with a “flagpole” lot that extents from the east to Lake Street. The City will be conveying the "flagpole" portion of the City's property to the Maruti Real Estate LLC.
In addition, there is an existing ingress/egress easement created by Document No. 2013K014624 over the “flagpole” and extends into the City Property to provide access to Lake Street. The beneficiary of this easement is the owner, being Philip E. Hotchkin, of 1267 N. Lake Street and the owner, being Gary G. Piccony, as Executor of the Estate of Paul W. Soderstrom, of 115 W. Indian Trail.
As part of this Agreement, the existing ingress/egress easement will be vacated. In exchange Maruti Real Estate LLC will be granting a new easement along the north property line to the City, Hotchkin, and the Estate for ingress/egress to Lake Street and the City will also be granting an ingress/egress easement across the western portion of 1275 N. Lake Street to Hotchkin and the Estate.
DISCUSSION:
This agreement will facilitate the redevelopment of the property at 1271 N. Lake Street and will also provide access to the properties to the east along the river.
POLICIES AND GUIDELINES :
The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:
10.0 To provide for the orderly, balanced and efficient growth and redevelopment of the City through the positive integration of land use patterns, functions, and circulation systems. To protect and enhance those assets and values that establishes the desirable quality and general livability of the City. To promote the City’s position as a regional center.
11.0 To guide the growth of the City in an orderly and structured manner.
11.1(3) To encourage new development contiguous to existing development.
RECOMMENDATIONS:
Staff would recommend APPROVAL of the Ordinance authorizing an Agreement between the City of Aurora, Maruti Real Estate LLC, Philip E. Hotchkin and Gary G. Piccony, as Executor of the Estate of Paul W. Soderstrom to convey a portion of the City's property at 1275 N. Lake Street to Maruti Real Estate LLC, to terminate the ingress-egress access easement created by Document No. 2013K014624, and to grant a new ingress-egress access easement
ATTACHMENTS:
Exhibit "A" Agreement
Location Map
cc: Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance authorizing an Agreement between the City of Aurora, Maruti Real Estate LLC, Philip E. Hotchkin and Gary G. Piccony, as Executor of the Estate of Paul W. Soderstrom to convey a portion of the City's property at 1275 N. Lake Street to Maruti Real Estate LLC, to terminate the ingress-egress access easement created by Document No. 2013K014624, and to grant a new ingress-egress access easement
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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, the City of Aurora, Maruti Real Estate LLC, Philip E. Hotchkin and Gary G. Piccony, as Executor of the Estate of Paul W. Soderstrom seek to enter into an agreement, as Exhibit "A", regarding the conveyance of a portion of the City's property at 1275 N. Lake Street to Maruti Real Estate LLC, the termination of the ingress-egress access easement created by Document No. 2013K014624, and the grant a new ingress-egress access easement; and
WHEREAS, the City Council has reviewed and approved the attached Agreement; and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That the City Council of the City of Aurora, Illinois finds as fact all of the preamble recitals of this Ordinance.
Section Two: That this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Three: That all Ordinances or part of Ordinances in conflict herewith are hereby repealed insofar as any conflict exists.
Section Four: That any section, phrase or paragraph of this Ordinance that is construed to be invalid, void or unconstitutional shall not affect the remaining sections, phrases or paragraphs of this Ordinance which shall remain in full force and effect.
Section Five: That the Mayor and City Council hereby find that it is in the best interests of the City of Aurora and its residents that the aforesaid Agreement with Maruti Real Estate LLC, Philip E. Hotchkin and Gary G. Piccony, as Executor of the Estate of Paul W. Soderstrom be entered into by the City of Aurora, with said Agreement to be substantially in the form attached hereto and made a part hereof as Exhibit "A".
Section Six: That the Mayor and City Clerk are hereby authorized to execute for and on the behalf of the City of Aurora, the aforesaid Agreement.