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TO: Mayor Thomas J. Weisner
FROM: Alayne M. Weingartz, Corporation Counsel
DATE: January 10, 2014
SUBJECT:
330 North Broadway, Aurora, Illinois.
PURPOSE:
To acquire necessary property that is within the RiverEdge Park Master Plan area.
BACKGROUND:
The City has had ongoing discussions with the owner of the property, attorney Gary Gooding, for several years, but have not come to agreement on a purchase price for this property which sits immediately adjacent to the Park. The City caused a formal appraisal to be done, which appraised value is $145,000.00.
DISCUSSION:
The law firm of Ruddy King LLC has been handling the negotiations on behalf of the City, they have reached impasse with the owner, and are prepared to file an action in condemnation in order that the City may acquire this property which is necessary for park purposes.
IMPACT STATEMENT:
The property is immediately adjacent to the RiverEdge Park, falls within the RiverEdge Park Master Plan area, and is necessary and advantageous for the logical development of the Park. The purchase or condemnation of this property to add to the Park benefits not only all residents of Aurora, but also the many thousands of persons who will come to this public gathering place from outside the City of Aurora. Funds are available in the TIF 6 fund to cover the purchase of this property.
RECOMMENDATIONS:
That the law firm of Ruddy King LLC be given authority to pursue acquisition of the property at 330 North Broadway, Aurora, Illinois, either through voluntary agreement or by condemnation if necessary, to gain fee simple title and possession thereof for Park purposes.
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Providing for the Voluntary Acquisition of and Authorizing Negotiations to be Conducted by the Law Firm of Ruddy & King, LLC Regarding the Acquisition of the Property Located at 330 North Broadway in Aurora, Illinois
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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, pursuant to the provisions of 50 ILCS 30/6.4, each Council has the power to acquire lands by lease, gift, purchase, condemnation or otherwise, and to construct, reconstruct or acquire by gift, grant, purchase, condemnation, lease or otherwise buildings and other structures and personal property for any purpose within the powers of such Council and to sell, transfer or convey its property, or any part thereof, except that acquired by lease, when no longer necessary or useful for its purposes or to exchange any such property for other property which it may use for any purpose within the powers of such Council; and
WHEREAS, pursuant to the provisions of 65 ILCS 5/11-94-1 of the Illinois Municipal Code, the City of Aurora has the right of eminent domain to acquire property useful, advantageous or desirable for municipal purposes or public welfare; and
WHEREAS, the City Council finds it is necessary and desirable that the real estate legally described in Exhibit A and depicted in Exhibit B attached hereto (the "Subject Property") be acquired through condemnation by fee simple by the City of Aurora, for one or more purposes set forth herein; and
WHEREAS, the Subject Property, commonly known as 330 N. Broadway, Aurora, Illinois is currently occupied by the Law Offices of Gary Gooding and various other tenants and unknown occupants; and
WHEREAS, the Subject Property is presently owned by the Chicago Title Land Trust Company, as Successor Trustee to the First National Bank of Geneva, Trustee under Trust Agreement dated November 28, 1989, and known as Trust Number 2958; and
WHEREAS, the City of Aurora seeks to acquire the Subject Property, as it is property that is necessary and convenient for the construction and expansion of RiverEdge Park as set forth in the RiverEdge Park Master Plan; and
WHEREAS, the RiverEdge Park Master Plan was created in September 2007 by the City of Aurora and the purpose for the park is to provide the City with a unified public gathering place and to project a positive image for the community; and
WHEREAS, the Plan allows the constructed environment to connect with the river's natural environment, by intertwining the Park and the Fox River; and
WHEREAS, the elements of the Plan include parkland providing a connection between the Park and river, a river crossing in the form of a pedestrian bridge, a garden market and event space, an outdoor performance venue and lawn, and a new wetland at the mouth of the river stream which will serve as compensatory storage for rainwater; and
WHEREAS, the City of Aurora recently conducted an appraisal on the Subject Property and the property was appraised at $145,000 on July 19, 2013 by D & D Associates, Inc., which the City of Aurora believes to represent a fair amount to be offered to the owners of said Subject Property; and
WHEREAS, the Mayor, his staff, and agents, namely, the law firm of Ruddy & King, LLC be, and hereby are authorized and directed, to negotiate the purchase of the Subject Property in fee simple and to offer the owner $145,000 for the Subject Property, as described in Exhibit A and depicted in Exhibit B; and
WHEREAS, the Mayor, his staff, corporate authorities and the City of Aurora attorneys, be and are, hereby authorized, to respond to each individual property owner who expresses a desire to convey less than fee simple, either by less than the parcel of real estate or by conservation easement, by fully receiving the property owner's proposal and submitting a report to the City Council evaluating the extent to which a lesser acquisition compromises the need for the fee simple acquisition, and the cost effectiveness of said compromise(s). No fee simple acquisition shall be reduced or altered without approval of the Mayor and the City Council,
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: The foregoing recitals shall be and are hereby incorporated as if said recitals were fully set forth within this Section One.
Section Two: It is hereby determined that it is necessary and desirable that the City of Aurora shall acquire, by fee simple title by voluntary agreement, or by condemnation if necessary, and possession of, the Subject Property, as hereinafter legally described, which said property is necessary, convenient, useful, advantageous and desirable for the purposes aforesaid, to wit:
See Legal Description and Survey of subject property attached hereto as Exhibits A and B.
Section Three: That this ordinance shall be in full force and effect and shall be controlling immediately upon passage and approval.
Section Four: That all ordinances or parts thereof in conflict herewith are hereby repealed to the extent of any such conflict.
Section Five: That any section or provision of this ordinance that is construed to be invalid or void shall not affect the remaining sections or provisions of this ordinance which shall remain in full force and effect.
PASSED AND APPROVED on ______________.
AYES ____ NAYS ____ NOT VOTING ____ ABSENT ____
ATTEST:
____________________________ __________________________
City Clerk Mayor
Exhibit "A" and Exhibit "B" Attached