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TO: Mayor John Laesch and City Council
FROM: Patrick J. Collins, Assistant Corporation Counsel
DATE: March 11, 2026
SUBJECT:
The acquisition of certain real property generally located on the east side of North Farnsworth Avenue, north of Bilter Road, Aurora, Illinois by eminent domain or otherwise.
PURPOSE:
To acquire the real property located PIN 15-01-101-13, identified in the attached Ordinance as Exhibit A, by eminent domain (or other means) from owner Chicago Title Land Trust Company, as successor to Aurora National Bank as Trustee under Trust Agreement dated July 8, 1968 known as Trust No. 666.
BACKGROUND & DISCUSSION:
The ultimate build-out of Farnsworth Ave and Bilter Road area has been planned for many years. The project is located on Farnsworth Ave from I-88 interchange to the lane drop approximately 700 feet south of Butterfield Rd, Bilter Rd from Church Road intersection to the west leg of Premium Outlets Blvd and Church Rd from approximately 220 feet north of the Bilter Rd intersection to approximately 800 feet south of the Bilter Intersection in the City of Aurora, Kane County, IL. The gross and net length is 9,134 ft (1.73 miles).
The work consists of roadway widening and resurfacing of approximately 1.73 miles. Farnsworth Ave is widening from a 4-lane section to a 6-lane section consistent with the cross section found north of Butterfield Road. Bilter Road is generally widening from a 2-lane cross section to a 4-lane cross section and Church Road is widening from a 2-lane cross section to a 3-lane cross section. The work will generally include the removal and replacement of existing pavement, installation of new watermain, storm sewer, sidewalk, ADA ramps, bike path, lighting and traffic signals along with work including signing, intersection radii widening, pavement marking, landscaping, and all other collateral work necessary to complete the project in accordance with the plans.
To that end, the City has contracted with Santacruz to purchase the necessary right-of-way and easements necessary to complete the build-out. In early 2024, Santacruz negotiated back and forth with the Trustee of Parcel 10 of the build-out, which has over 20 beneficiaries, some of which cannot be located. The Trustee and Santacruz have recommended the City commence condemnation proceedings in order to obtain the necessary right-of-way and easements.
IMPACT STATEMENT:
The right-of-way and easements are necessary additions for the ultimate build-out of Farnsworth Ave and Bilter Road. After exhaustive negotiations and the inability to find all trust beneficiaries a condemnation action is the next step, which the Corporation Counsel will commence a condemnation action as directed by this ordinance.
RECOMMENDATIONS:
That the City Council approve this Ordinance.
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance approving the acquisition of certain real property generally located on the east side of North Farnsworth Avenue, north of Bilter Road, Aurora, Illinois by 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 of Aurora is empowered, pursuant to its home rule powers and pursuant to the Illinois Municipal Code, 65 ILCS 5/11-61-1, to acquire by eminent domain real property useful, advantageous or desirable for municipal purposes or the public welfare; and
WHEREAS, the acquisition of the property legally described in Exhibit A which is attached hereto and made a part hereof and hereinafter referred to as the “Subject Property” for redevelopment requires the exercise of powers and performance of functions pertaining to the government and affairs of the City.
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 the east side of North Farnsworth Avenue, north of Bilter Road, Aurora, Illinois, and which is legally described on Exhibit A attached hereto and made a part hereof (hereinafter referred to 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 improving the intersection of Farnsworth Avenue and Bilter Road, to be developed in accordance with the City’s plans for improving the intersection of Farnsworth Avenue and Bilter Road.
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 by the City and acquisition of related temporary easement rights.
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.
EXHIBIT A
(Legal Description of the Subject Property)
Route: Farnsworth Ave and Bilter Rd
County: Kane
Parcel No.: 0010
Property Index No(s): 15-01-101-013
THAT PART OF LANDS DESCRIBED AS “PARCEL TWO” PER DOCUMENT 1118581, RECORDED ON JULY 12, 1968, BEING PART OF THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 38 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN KAN COUNTY ILLINOIS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LANDS; THENCE ALONG THE NORTHERLY LINE OF SAID LANDS, NORTH 87 DEGREES 27 MINUTES 57 SECONDS EAST, 24.42 FEET TO A NON-TANGENTIAL CURVE THAT IS 75.00 FEET EAST OF AND PARALLEL WITH THE CENTERLINE CURVE OF FARNSWORTH AVENUE PER DOCUMENT 2007K088000, AS RECORDED ON AUGUST 23, 2007; THENCE 432.91 FEET ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 2,430.60 FEET, A CHORD BEARING OF SOUTH 17 DECREES 51 MINUTES 30 SECONDS WEST AND A CHORD DISTANCE OF 432.34 FEET TO A POINT OF TANGENCY; THENCE SOUTH 22 DEGREES 57 MINUTES 38 SECONDS WEST, 154.76 FEET TO THE SOUTHERLY LINE OF SAID LANDS; THENCE ALONG SAID SOUTHERLY LINE, NORTH 87 DEGREES 07 MINUTES 56 SECONDS WEST, 26.62 FEET TO THE SOUTHWEST CORNER OF SAID LANDS AND THE EASTERLY RIGHT OF WAY LINE OF FARNSWORTH AVENUE PER DOCUENT 1070870 AS RECORDED ON JUNE 6, 1966; THENCE ALONG SAID EASTERLY LINE NORTH 22 DEGREES 57 MINUTES 38 SECONDS EAST, 177.85 FEET TO A POINT OF CURVATURE; THENCE CONTINUING ALONG SAID EASTERLY LINE 408.23 FEET, BEING A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 2,342.01 FEET, A CHORD BEARING OF NORTH 17 DEGREES 58 MINUTES 02 SECONDS EAST AND A CHORD DISTANCE OF 407.72 FEET TO THE POINT OF BEGINNING.
Said parcel containing 0.328 acres or 14,295 square feet, more or less.