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TO: Mayor Irvin and the City Council
FROM: The Law Department
DATE: August 10, 2018
SUBJECT:
A resolution approving a settlement agreement in the matter of Gottemoeller Real Estate Ltd. v. the City of Aurora, Circuit Court of Kane County Case 16 MR 1386.
PURPOSE:
To resolve litigation pending against the City of Aurora.
BACKGROUND:
In 2016, the Plaintiff sued the City for declaratory, injunctive, and other relief after the City declined to grant the Plaintiff's request for a right of way access permit to Orchard Gateway Blvd. (commonly known as a "curb cut") to access its property to the north in the unincorporated area of Kane County to the north.
DISCUSSION:
The proposed agreement contemplates the City's subsequent approval of an annexation agreement whereby the property will eventually annex into the City and rezone to Office Research and Industrial (ORI) use. The annexation agreement will provide that when the Village of Sugar Grove is able to extend Orchard Gateway Rd west, the property owner will dedicate right-of-way for that purpose. In exchange for the Plaintiff entering the annexation agreement, the City will authorize the access permit.
IMPACT STATEMENT:
In general, approval of the settlement agreement amicably resolves litigation pending against the City and eliminates the need to continue to litigate the matter. Specifically, the proposed resolution will lead to the property becoming part of the City's tax base and helps alleviate concerns the City had at the time it declined to issue the access permit.
RECOMMENDATIONS:
That the Council approve the settlement agreement.
cc: Finance Committee
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
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A Resolution approving a settlement agreement in the matter of Gottemoeller Real Estate Ltd. v. the City of Aurora, Circuit Court of Kane County Case 16 MR 1386.
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, t...
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