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TO: Mayor Thomas J. Weisner
FROM: Alayne M. Weingartz, Corporation Counsel
DATE: March 21, 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 could not come to agreement on a price for this property which sits immediately adjacent to the Park. The City caused a formal appraisal to be done, which appraisal valued the property at $145,000.00.
DISCUSSION:
The law firm of Ruddy & King LLC has been handling the negotiations on behalf of the City, have reached impasse on the negotiations with Mr. Gooding, and is prepared to file an action in condemnation in order that the City may acquire this property for Park purposes.
IMPACT STATEMENT:
This 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 those who will come to this public gathering place from outside the City of Aurora.
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 condemnation or by voluntary agreement, to gain fee simple title and possession thereof for Park purposes.
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance providing for the voluntary acquisition of, authorizing negotiations to be conducted, and authorizing the filing of a complaint in condemnation by Attorney John Ruddy and his law firm regarding the acquisition of the property located at 330 N. 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, on the 14th day of January, 2014, Ordinance No. 014-001 was adopted providing for the negotiation for the acquisition of the property described in Exhibit A and depicted in Exhibit B attached hereto; and
WHEREAS, the City of Aurora, Illinois, through its attorneys, has attempted to negotiate the purchase of said property but has been unable to agree with the owners of the property concerning just compensation, therefore this second ordinance authorizing the filing of a condemnation case is authorized by the City Council; and
WHEREAS, pursuant to the provisions of 65 ILCS 5/11-61-1, the corporate authorities of a municipality may exercise the right of eminent domain by condemnation proceedings in conformity with the provisions of the constitution and statutes of the State of Illinois for the acquirement of property useful, advantageous or desirable for municipal purposes or public 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, commonly known as 330 N. Broadway and 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 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 its public purpose is to provide the City with a unified public gathering place, to project a positive image for the community allowing the constructed environment to connect with the river's natural environment intertwining the Park and the Fox River; and
WHEREAS, the elements of said 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 which amount was offered to said owners; and
WHEREAS, the Mayor, his staff, and agents, namely, Attorney John Ruddy and his law firm were authorized and directed, pursuant to prior city ordinance 014-001, to negotiate the purchase of the Subject Property in fee simple and to offer the owner, tenants and sub-tenants, $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, Attorney John Ruddy and his law firm, were authorized to respond to each individual property owner who expressed 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 was to be reduced or altered without approval of the Mayor and the City Council; and
WHEREAS, the Owner, through Gary Gooding, has conferred with Attorney John Ruddy and has presented a counter-offer of $500,000.00 and whereas the condemnor City of Aurora believes that this counter-offer far exceeds the fair market value of the subject property, Attorney John Ruddy and his law firm are hereby authorized and directed to send a letter rejecting the property owner's counter-offer of $500,000.00; and
WHEREAS, the condemning authority the City of Aurora has made a good faith attempt to negotiate with the property owner and the subtenants; and
WHEREAS, the condemning authority the City of Aurora has made a bona fide attempt to agree on a price before filing a condemnation lawsuit; and
WHEREAS, the City of Aurora entered into a Remediation and Access Agreement with Commonwealth Edison Company on April 24, 2013; and
WHEREAS, the City of Aurora obtained a Phase I Environmental Site Assessment of the subject property, dated August 16, 2013 and based on those results, the City desires to conduct a Phase II Environmental Site Assessment of the subject property.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Kane, DuPage, Will and Kendall Counties, 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.
Section Six: That it is necessary and desirable that the real estate described in Exhibit A and depicted in Exhibit B attached hereto, be acquired in fee simple by the City of Aurora for one or more of the purposes set forth.
Section Seven: That it is necessary and desirable to obtain a Phase II Environmental Site Assessment of the subject property.
Section Eight: That the Mayor of the City of Aurora, his staff and the City of Aurora attorneys, including without limitation Attorney John Ruddy and his law firm be, and hereby are, authorized and directed to take the necessary steps, pursuant to condemnation proceedings, to acquire title to the real estate described in Exhibit A and depicted in Exhibit B attached hereto, and to continue to negotiate for the acquisition of the property described in Exhibit A and depicted in Exhibit B as set forth in City of Aurora Ordinance No. 014-001 (eff. January 14, 2014), and further, to obtain a Phase II Environmental Site Assessment on the subject property.
PRESENTED to the City Council of the City of Aurora, Illinois, on _________________.
PASSED AND APPROVED by the City Council of the City of Aurora, Illinois, on
____________________.
AYES ____ NAYS ____ NOT VOTING ____ ABSENT ____
APPROVED AND SIGNED by the Mayor of the City of Aurora, Illinois, on __________.
__________________________
Mayor Thomas J. Weisner
ATTEST:
____________________________
City Clerk
Exhibits A and B