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TO: Mayor Irvin and the City Council
FROM: The Law Department
DATE: August 10, 2018
SUBJECT:
A resolution approving a settlement agreement in the matter of Gottemoeller Real Estate Ltd. v. the City of Aurora, Circuit Court of Kane County Case 16 MR 1386.
PURPOSE:
To resolve litigation pending against the City of Aurora.
BACKGROUND:
In 2016, the Plaintiff sued the City for declaratory, injunctive, and other relief after the City declined to grant the Plaintiff's request for a right of way access permit to Orchard Gateway Blvd. (commonly known as a "curb cut") to access its property to the north in the unincorporated area of Kane County to the north.
DISCUSSION:
The proposed agreement contemplates the City's subsequent approval of an annexation agreement whereby the property will eventually annex into the City and rezone to Office Research and Industrial (ORI) use. The annexation agreement will provide that when the Village of Sugar Grove is able to extend Orchard Gateway Rd west, the property owner will dedicate right-of-way for that purpose. In exchange for the Plaintiff entering the annexation agreement, the City will authorize the access permit.
IMPACT STATEMENT:
In general, approval of the settlement agreement amicably resolves litigation pending against the City and eliminates the need to continue to litigate the matter. Specifically, the proposed resolution will lead to the property becoming part of the City's tax base and helps alleviate concerns the City had at the time it declined to issue the access permit.
RECOMMENDATIONS:
That the Council approve the settlement agreement.
cc: Finance Committee
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
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A Resolution approving a settlement agreement in the matter of Gottemoeller Real Estate Ltd. v. the City of Aurora, Circuit Court of Kane County Case 16 MR 1386.
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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 Council finds that it is in the City's best interest to resolve the claims pending against it in the matter of Gottemoeller Real Estate Ltd. v. the City of Aurora, Circuit Court of Kane County Case 16 MR 1386;
WHEREAS, the City's attorneys have negotiated a settlement agreement which in their opinion represents a fair settlement and compromise of the claims against the City;
WHEREAS, the proposed settlement agreement is attached to this resolution as Exhibit A and is made a part of this Resolution as if fully set forth herein.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aurora, Illinois, as follows: that the Mayor or the Corporation Counsel shall be and hereby are authorized to enter into a settlement agreement on behalf of the City as set forth in Exhibit A or that is substantially consistent with its terms and the terms of the annexation agreement attached thereto; and further
BE IT RESOLVED, that the Right of Way Access Permit described in Exhibit A shall be and hereby is authorized consistent with the terms of the proposed settlement agreement upon the entry of the settlement agreement.