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TO: Mayor Richard C. Irvin
FROM: Tim Weidner, P.E., Engineering Coordinator
DATE: January 30, 2020
SUBJECT:
An Ordinance providing for the acquisition of certain real estate located on East New York Street, between Farnsworth Avenue and Welsh Drive, through eminent domain or otherwise.
PURPOSE:
To authorize the City to use eminent domain to acquire of right-of-way for the East New York Street - Segment III (Farnsworth Avenue to Welsh Drive) Project.
BACKGROUND:
The City has been awarded various federal funds for the East New York Street - Segment III (Farnsworth Avenue to Welsh Drive) widening and reconstruction project as noted under separate cover - draft 20-0029 on the 1/30/20 agenda. During design, it was determined that twenty (20) parcels required additional right-of-way, permanent easement and/or temporary easements to construct the improvements. The current number of parcels needed for acquisition is seventeen (17), all of which are shown on the attached plat exhibit. Santacruz Land Acquisitions has been providing land acquisition negotiation services on behalf of the City. At this time we are requesting authorization to use eminent domain on one of the parcels. The subject parcel is at the southwest corner of Eastern Avenue and East New York Street (shown as parcel 11, highlighted in purple on the attached exhibit).
DISCUSSION:
The City through Santacruz Land Acquisitions has had ongoing discussions with the owner of the Subject Property. Ultimately both parties agreed to a price for the acquisition. However, the property has an outstanding judgment and several federal tax liens against it. Therefore it was recommended by the Illinois Department of Transportation (IDOT), Santacruz and our outside counsel (Klein, Thorpe & Jenkins, Ltd.) that the only viable option to acquire the property was by filing for eminent domain. The eminent domain case will allow the City to have just compensation fixed, after which the City would deposit the funds with the County and the interested parties would fight for the proceeds. This would eliminate the liability of having the City determine how the compensation is distributed.
An ordinance providing for the acquisition through Eminent Domain has been included as 'Exhibit 1'. The legal description of the right-of-way take and temporary easement are included in the exhibit.
IMPACT STATEMENT:
No impact.
RECOMMENDATIONS:
Please forward this resolution to the Finance Committee for their review and recommendation for approval.
cc: Finance Committee
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance providing for the acquisition of certain real estate located on East New York Street, between Farnsworth Avenue and Welsh Drive, through eminent domain or otherwise.
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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 desires to acquire through eminent domain or otherwise the property described in 'Exhibit 1' for the purpose of the widening and reconstruction of East New York Street.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
SECTION 1: That the Mayor and City Council of the City of Aurora find that it is necessary and in the public interest of the City of Aurora (hereinafter referred to as "City”) to (1) acquire fee simple title to certain real property generally located on East New York Street between Farnsworth Avenue and Welsh Drive, Aurora, Illinois, and which is legally described on Exhibit A attached hereto and made a part hereof hereinafter referred to as the “ROW Parcel”); and (2) acquire temporary easement rights for the period of five (5) years in the real property legally described on Exhibit B attached hereto and made a part hereof (hereinafter referred to as “Easement Parcel”) (the ROW Parcel and Easement Parcel may be referred to herein collectively as the “Subject Property”). The Subject Property lies entirely within the corporate limits of the City, and is necessary, required, and needed by the City for purposes of the widening and reconstruction of East New York Street, between Farnsworth Avenue and Welsh Drive, to be developed in accordance with the City’s plans for widening and reconstruction of East New York Street.
SECTION 2: That the Mayor, Corporation Counsel and/or their designees be and are authorized, empowered, and directed hereby to negotiate for and on behalf of the City with the owner or owners of the Subject Property for the purchase of fee simple title and a temporary easement in the Subject Property by the City.
SECTION 3: That in the event the Mayor, Corporation Counsel and/or their designees are unable to agree with the owner or owners, and other interested parties, of the Subject Property as to the compensation to be paid therefor, then fee simple title and related temporary easement rights in the Subject Property shall be acquired by the City through an eminent domain proceeding and, accordingly, special counsel to the City, Klein, Thorpe & Jenkins, Ltd., is authorized, empowered, and directed hereby to institute such proceeding in any court of competent jurisdiction to acquire fee simple title and a temporary easement in the Subject Property for the City in accordance with the applicable eminent domain laws of the State of Illinois.
SECTION 4: That the City Clerk of the City of Aurora be and is directed hereby to publish this Ordinance in pamphlet form.
SECTION 5: That this Ordinance shall be in full force and effect from and after its passage, approval, and publication.