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TO: Mayor Richard C. Irvin
FROM: Tim Weidner, P.E., Engineering Coordinator
DATE: September 10, 2020
SUBJECT:
A Resolution approving an Intergovernmental Agreement between the City of Aurora, Illinois and Forest Preserve District of Kane County for the Oakhurst Forest Preserve and adjacent area in Aurora, IL.
PURPOSE:
This Intergovernmental Agreement (IGA) with the Forest Preserve District of Kane County (District) will set terms for land acquisition and exchange of properties adjacent to the Oakhurst Forest Preserve, including acquisition needed for the upcoming East New York Street - Segment III (Farnsworth Avenue to Welsh Drive) Project, MFT Section 14-00210-02-PV.
BACKGROUND:
Both the City of Aurora and the District see the benefits to expanding publicly held lands adjacent to and around Oakhurst Forest Preserve and Lake Patterson. The District is interested in obtaining open-space parcels to continue the expansion of the preserve, and for the general protection of open space in this urban setting. The City is interested in obtaining parcels that will benefit storm-water management and transportation needs of the area. Both agencies are committed to improving the public access and recreational amenities for the residents, and have agreed to work in partnership on these goals.
An IGA concerning the construction and maintenance of Oakhurst Lake between the City, District, Aurora Township and Fox Valley Park District is included as 'Exhibit 2'. A previous IGA between the City and District from 1994 is included as 'Exhibit 3' and was the basis for this new IGA.
DISCUSSION:
As part of the East New York Street - Segment III (Farnsworth Avenue to Welsh Drive) Project, dedication of right-of-way and temporary easement was identified on District property. At the same time the City and District were looking to enter into a new agreement, similar to the previous IGA approved in 1994, in order to partner to acquire land to expand the preserve. The new Intergovernmental Agreement is attached as 'Exhibit 1'.
The general terms of the agreement are as follows:
1. The term of the agreement is for five years.
2. Initially, the City will transfer three lots internal to the preserve, totaling just over 12 acres to the District, in exchange for the land along New York Street needed from the District for the roadway project.
3. The City will offer the District future acquisitions in the area, at the original purchase value. The City will coordinate and pay for any site evaluations, closing costs, removal of any structures, and to restore the site. The District will coordinate and pay to remove/cap any septic or well systems, following closing.
4. The City will work with the District and waive all fees to vacate streets that entirely service District land and that the City has deemed unnecessary. The District will be responsible for the removal of roadway material and restoration.
5. The District shall provide an easement to the City over Oakhurst Forest Preserve for the maintenance of stormwater infrastructure.
This item was approved by the District's Land Acquisition Committee on August 27, 2020 and Full Commission on September 8, 2020.
An appraisal was completed by Coleman Land Company in July 2020 for a number of parcels in the initial swap. The portion of PIN 15-24-376-001 owned by the District and needed for the City’s East New York Street project was valued at $30,000.00. Two of the parcels owned by the City (PIN 15-24-379-012 & PIN 15-24-379-013) were appraised and valued at $12,500.00. PIN 15-24-380-003 (the “Lake Parcel”) was not included in the appraisal. The Lake Parcel is undevelopable as it entirely within a mapped wetland and approximately 25% covered by Lake Patterson. While there is no mapped floodplain on the parcel outside of the lake itself, the lake high water level is approximately 696'. Over 90% of the parcel is anticipated to be in a flood hazard based on this elevation. The District was willing to accept this Lake Parcel as part of the initial land swap to make up the $17,500 difference from the appraisal.
There is no financial impact to the City for the initial property exchange. Future acquisitions will be evaluated on a case by case basis and as funds allow.
IMPACT STATEMENT:
No impact.
RECOMMENDATIONS:
Please forward this to Finance Committee for approval.
cc: Finance Committee
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
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A Resolution approving an Intergovernmental Agreement between the City of Aurora, Illinois and Forest Preserve District of Kane County for the Oakhurst Forest Preserve and adjacent area in Aurora, IL.
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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 desires to construct the East New York Street - Segment III (Farnsworth Avenue to Welsh Drive) Project, MFT Section 14-00210-02-PV; and
WHEREAS, an Intergovernmental Agreement is required to obtain the needed land acquisition from the Forest Preserve District of Kane County Preserve District for the roadway project in exchange for parcels of land owned by the City; and
WHERAS, this Agreement will provide the terms of future land acquisition adjacent to and around Oakhurst Forest Preserve and Lake Patterson; and
WHEREAS, this Agreement does not need any funding requirements for execution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aurora, Illinois, as follows: that the Intergovernmental Agreement between City of Aurora and Forest Preserve District of Kane County, attached hereto and incorporated herein, is hereby approved.