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TO: Mayor Richard C. Irvin
FROM: Jill N Morgan
DATE: June 22, 2023
SUBJECT:
Construction of a right turn lane and a pedestrian/bicycle path on property owned by DuPage County at the southwest corner of Bilter Road and N. Eola (DuPage County Highway Department - 23-0498 / NA/05-23.302-DED/E - JM - Ward 10)
PURPOSE:
To obtain an easement from DuPage County to allow for the construction of the above-described improvements.
BACKGROUND:
Pursuant to a previous agreement, the City's Engineering Division requires Seefried Properties, the developer of a data center on the adjacent property to construct right turn lane onto N. Eola Road to address various traffic concerns and to construct a sidewalk/bike path to connect the sidewalk/bike path along the frontage of their development to the sidewalk/bike path on N. Eola Road. A portion of these public improvements will need to be constructed on real property owned by the County of DuPage. Therefore, the City must obtain an easement from the County to allow for their placement.
For the County, a non-home rule unit of local government, to convey an easement to the City, both parties are obligated to follow the Local Government Property Transfer Act. The Act requires the City Council to first, by ordinance, declare that it is necessary obtain an easement over the property to use, occupy or improve for a public purpose -- in this case, roadway and path improvements. Once this step is complete, the County Board must by a 2/3 vote approve the City's request for the easement.
DISCUSSION:
Whenever a development requires that public improvements be installed by a developer, the developer is responsible for the full cost of those improvements, which are then formally accepted by the City at the conclusion of the project. After acceptance, the City is responsible for the ongoing maintenance of those improvements. Typically, the acceptance includes rights to the real estate upon which the improvements were constructed.
In this case, because some of the improvements will need to be constructed on County owned-property, these rights need to be obtained before construction can occur. For this reason, and because the resulting easement will ultimately need to be in favor of the City, proceeding under the Transfer Act is the most efficient way to accomplish that goal, particularly in light of the limitation on the powers of non-home rule units to transfer property.
IMPACT STATEMENT:
Approval of this Ordinance will begin the process to allow the County to grant the City easement rights that will allow the Seefried to construct public improvements that will, upon completion and acceptance, benefit the City and be the City's responsibility to maintain.
RECOMMENDATIONS:
That the Council approve the Ordinance.
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance pursuant to Section 2 of the Local Government Property Transfer Act pertaining to real property owned by the County of DuPage located at the southwest corner of Bilter and Eola Roads.
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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 Local Government Property Transfer Act authorizes the transfer of real property between a county and a municipality subject to certain conditions set forth therein; and
WHEREAS, Section 10 of Article VII of the Illinois Constitution as well as the Intergovernmental Cooperation Act broadly empower units of local government, including specifically, counties and municipalities, to contract or otherwise associate among themselves to obtain or share services and to exercise, combine, or transfer any
power or function, in any manner not prohibited by law or by ordinance; and
WHEREAS, there is certain real property located within the corporate limits of the City owned by the County of DuPage ("County") that the City Council finds it necessary or convenient for it to obtain an easement over the property to use, occupy or improve for the purpose of constructing a right turn lane and a pedestrian bike path upon; and
WHEREAS, the area proposed to be subject to such easement along with the rights afforded thereunder, are identified on a Plat of Easement attached to this Ordinance as Exhibit A,
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows: that it shall be and hereby is declared that it necessary or convenient for the City to obtain an easement over to use, occupy or improve for the purpose of constructing a right turn lane and a pedestrian bike path upon the real property as depicted and more fully described in Exhibit A; and further
BE IT ORDAINED, that the County Board of the County shall be and hereby is requested to grant an easement over the aforesaid real property in favor of the City in substantially the same form and subject to substantially the same conditions as depicted and described in Exhibit A; and further
BE IT ORDAINED, that upon approval by the County Board of the County, the various officers and employees of the City shall be and hereby are authorized and directed to take all actions necessary to accept the aforementioned easement on behalf of the City and cause the recording of a plat of easement reflecting the same with the DuPage County Recorder; and further
BE IT ORDAINED, that the Clerk shall be and hereby is directed to transmit a certified copy of this Ordinance to the County Engineer of the County with an additional copy to the State's Attorney of the County; and further
BE IT ORDAINED, that nothing in this Ordinance or in any actions taken pursuant thereto shall be construed to relieve any person of any existing obligation to construct or install any improvement required by law or ordinance within the easement(s) or the property encumbered by said easement(s).