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TO: Mayor Thomas J. Weisner
FROM: Tracey M. Vacek, Planner
DATE: July 14, 2014
SUBJECT:
An Ordinance Authorizing the execution of an IDOT Agreement to restrict access from Lake Street to city owned property located at 16-18 N. Lake Street between the City of Aurora and PLS Investment Property of Illinois, LLC. (City of Aurora and PLS Investment Property of Illinois, LLC - 14-00557/ AU22/1-14.219-AG - TV - Ward 6)
PURPOSE:
The purpose of this Ordinance is to authorize the execution of an IDOT Agreement to restrict access from Lake Street to the city owned property located at 16-18 N. Lake Street.
BACKGROUND:
PLS Investment Property of Illinois, LLC received Final Plan and Plat approval in September of 2013 to construct a retail strip center on the property located at 20-22, 28 and 30 N. Lake Street and 212 and 214 W. New York Street. As part of the Final Plan and Plat, the access along Lake Street shifted to the south property line which abuts the city owned property located at 16-18 N. Lake Street. PLS Investment Property of Illinois, LLC is required to obtain a permit from the Illinois Department of Transportation (IDOT) to construct the access along Lake Street. As part of IDOT's approval, they are requiring an IDOT agreement between PLS Investment Property of Illinois, LLC and the City of Aurora to restrict access from Lake Street to the city owned property located at 16-18 N. Lake Street.
DISCUSSION:
As part of the approved Final Plat for the property located at 20-22, 28 and 30 N. Lake Street and 212 and 214 W. New York Street, an Ingress and Egress Easement is being granted to 16-18 N. Lake Street. This Ingress and Egress Easement will allow the city property to utilize the access on PLS's property.
IMPACT STATEMENT:
The Planning and Zoning Division anticipates that this Agreement would not have any negative impact since an Ingress and Egress Easement is being granted to16-18 N. Lake Street with the Final Plat.
RECOMMENDATIONS:
Staff would recommend APPROVAL of the Ordinance authorizing the execution of an IDOT Agreement to restrict access from Lake Street to city owned property located at 16-18 N. Lake Street between the City of Aurora and PLS Investment Property of Illinois, LLC.
cc: Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Authorizing the Execution of an IDOT Agreement to restrict access from Lake Street to city owned property located at 16-18 N. Lake Street between the City of Aurora and PLS Investment Property of Illinois, LLC.
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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, PLS Investment Property of Illinois, LLC an Illinois Limited Liability Company is the owner of 20-22, 28 and 30 N. Lake Street and 212 and 214 W. New York Street (hereinafter referred to as "PLS's Property") and has requested approval from Illinois Department of Transportation to construct a driveway along Lake Street on said property; and
WHERAS, the City of Aurora is owner of 16-18 N. Lake Street which abuts PLS's Property (hereinafter referred to as the "City Property"); and
WHEREAS, PLS Investment Property of Illinois, LLC is requesting the City of Aurora to enter into the attached IDOT agreement to restrict access from Lake Street to the City Property, which the City has agreed to do; and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows: that the Mayor and City Clerk are hereby authorized to execute the IDOT Agreement to Restrict Access between the City of Aurora and PLS Investment Property of Illinois, LLC, attached hereto and made a part hereof as Exhibit "A".
PASSED AND APPROVED on ______________.
AYES ____ NAYS ____ NOT VOTING ____ ABSENT ____
ATTEST:
____________________________ __________________________
City Clerk Mayor
Exhibit "A" - IDOT Agreement
EXHIBIT "A"
AGREEMENT
This Agreement, made and entered into this 12th day of August, 2014, by and between PLS Investment Property of Illinois, LLC, hereinafter referred to as First Party, and the City of Aurora, hereinafter referred to as Second Party.
W I T N E S S E T H
WHEREAS, First Party is the owner of the following described real estate located in the City of Aurora, County of Kane, State of Illinois:
That part of Lot 7 lying North of a line being 33.00 feet southerly of and parallel with the south line of Lot 8 (and its westerly extension), together with all of Lots 8, 9 and 10, all in Block 3 of Wilder's Amended Addition to West Aurora, filed for record July 20th 1861, in Book 2 page 21, in the City of Aurora, Kane County, Illinois.
Said property is more commonly known as 20-22 N. Lake Street, and;
WHEREAS, Second Party is the owner of the following described real estate located in the City of Aurora, County of Kane, State of Illinois:
The southerly 33 feet (measured on the west line) of Lot 7 in Block 3 of Wilder's Amended Addition to West Aurora, completed, in the City of Aurora, Kane County, Illinois.
Said property is more commonly known as 16-18 N. Lake Street, and;
WHEREAS, First Party is desirous of constructing a driveway on the property which will abut on aforedescribed property owned by Second Party, and has applied to the Department of Transportation, of the State of Illinois, to do so, and;
WHEREAS, Second Party is agreeable to the construction of said driveway and to certain future limitations should Second Party hereafter desire to construct a driveway on his premises.
NOW, THEREFORE, in consideration of ONE DOLLAR AND OTHER GOOD AND VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, it is mutually understood and agreed by and between the parties hereto as follows:
1. Second Party hereby grants permission to First Party to construct a driveway on premises owned by First Party on that part of First Party's premises which abut on Second Party's premises.
2. Second Party agrees that there shall be no direct access from Lake Street to its parcel and that the only access to 16-18 N. Lake Street shall be by the driveway proposed by First Party and cross access easement established by the PLS Lake & New York Subdivision.
3. This Agreement shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors, and assigns, of the parties hereto.
Date at Aurora, Illinois, this 12th day of August, 2014.
First Party
PLS Investment Property of Illinois, LLC
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Attest:
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Second Party
City of Aurora
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Attest:
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