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TO: Mayor Richard C. Irvin and the City Council
FROM: The Law Department
DATE: July 23, 2018
SUBJECT:
An Ordinance vacating a 10' x 100' easement between lot 5 (1022 S Pleasure Ct) and lot 6 (1016 S Pleasure Ct) Block 1 in the Roy A Martins subdivision in Ward 4 of the City of Aurora.
PURPOSE:
To vacate the City's interest in the aforementioned easement in order to allow the property subject to the easement to be transferred in equal parts to the adjacent homeowners.
BACKGROUND:
The Roy A. Martins subdivision was developed in the 1950s. The original plat of subdivision called for called for the developer to construct three walkways between homes in the subdivision, but only two were improved. Since the subdivision developed, the City has regarded each of the walkway as public rights-of-way, though the Recorder's office only reflects the dedication of walkway easements rather than fee simple ownership. Nevertheless, the County has apparently never extended property taxes against any of the three walkways reflecting a consensus that the City owns the property, in-fact.
While the two improved paths in the subdivision provide access to nearby McCleery Elementary School and Jefferson Middle School which lie to the subdivision's north and west, respectively, the unimproved path does not provide access to either location that is not otherwise available from Fordham Ave, approximately 300' to the west of the path. Moreover, Fordham Ave is improved with sidewalks on both sides and a marked crosswalk at its intersection with Plum St, and would not extend the distance any person would need to walk to access either school.
The City has no use for the property constituting the unimproved right-of-way and both neighboring property owners are amenable to assuming responsibility for the parcel.
DISCUSSION:
The City has long had a practice of vacating surplus rights-of-way and allowing neighboring property owners to assume responsibility for the maintenance of the parcels. In this instance, the neighboring owners have already assumed responsibility for maintaining the property. The method in which the area was subdivided in the 1950s required further research than has been required for other right-of-way vacations in the past.
IMPACT STATEMENT:
Approval of the Ordinance will substantially resolve long-standing questions as to the ownership of and responsibility for land that the City has little use for while placing the property on the tax rolls for the first time in nearly 70s years.
RECOMMENDATIONS:
That the City adopt the attached Ordinance and subsequently record it with the Kane County Recorder.
cc: Building, Grounds and Infrastructure Committee
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance vacating a 10' x 100' easement between lot 5 (1022 S Pleasure Ct) and lot 6 (1016 S Pleasure Ct) Block 1 in the Roy A Martins subdivision in Ward 4 of the City of Aurora.
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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, there exists in the City of Aurora (hereinafter “the City”) a certain subdivision known as Roy A. Martin’s Addition (hereinafter “the Subdivision”), which is depicted on a plat of subdivision recorded on June 1, 1955 as Document Number 781170 in Book 33 of Plats at Page 36 (See Plat of Subdivision, attached hereto as Exhibit “A”);
WHEREAS, the plat of subdivision dedicates three walkway easements, two of which have been improved (hereinafter “the Improved Walkway Easements”) and one of which remains unimproved (hereinafter “the Unimproved Walkway Easement”);
WHEREAS, since 1955, the City has regarded each of the walkway easements as rights-of-way and the County of Kane has not extended property taxes against the real property subject to the easements;
WHEREAS, the Unimproved Walkway Easement is located between lot 5 (commonly known as 1022 S. Pleasure Ct.) and lot 6 (commonly known as 1016 S. Pleasure Ct.) of Block 1 of the Subdivision (together referred to herein as “the Adjoining Properties”) (Exhibit “A”);
WHEREAS, the Unimproved Walkway Easement is not being utilized as originally intended nor does it provide any meaningful benefit to the City, but is rather functioning as a restriction on the enjoyment and use of the Adjoining Properties;
WHEREAS, the owners of the Adjoining Properties wish to obtain joint ownership of the Unimproved Walkway Easement should the said easement or the dedication thereof be vacated by the City;
WHEREAS, the City also wishes to vacate the Unimproved Walkway Easement, with the Improved Walkway Easements to remain as public right of ways; and
WHEREAS, upon vacation of the Unimproved Walkway Easement, the City desires that ownership of the real property subordinate thereto be transferred to and divided evenly between the owners of the Adjoining Properties.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
1. That the recitals set forth above are hereby adopted;
2. That the Unimproved Walkway Easement located between lot 5 (commonly known as 1022 S. Pleasure Ct.) and lot 6 (commonly known as 1016 S. Pleasure Ct.) of Block 1 of the Subdivision or the dedication thereof, is hereby vacated;
3. That ownership of all interest in the Unimproved Walkway Easement previously vested in the City shall transfer to the owners of the Adjoining Properties (Lot 5 and Lot 6 of Block 1);
4. That the Mayor, the Clerk, and the Corporation Counsel, or their respective designees, are hereby authorized and directed to execute and cause to be recorded any and all necessary documents to effectuate this transfer; and
5, That the Improved Walkway Easements located between lots 8 and 9, and between 11 and 12, of Block 3 of the Subdivision are and shall remain public rights-of-way.