CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Pass the ordinance accepting conveyance of Outlots B and C of Heritage Place Subdivision and conveying Outlots B and C of Heritage Place Subdivision to the Naperville Park District (requires six positive votes)
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DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: Allison Laff, AICP, Deputy Director
BOARD/COMMISSION REVIEW:
N/A
BACKGROUND:
Section 7-3-5 of the Naperville Municipal Code sets forth requirements commonly referenced as the “City’s land-cash provisions” by which donation of land and/or money in-lieu of land are required to be made to an affected school district and to the Naperville Park District when a developer constructs residential development within the City.
Heritage Place, a development approved by the City Council in 2020, includes residential development and is therefore subject to the City’s land-cash provisions.
DISCUSSION:
On November 19, 2020 the “Owner’s Acknowledgment and Acceptance Agreement for Heritage Place Subdivision” (the “Heritage Place OAA”) was recorded with the DuPage County Recorder as Document No. R2020-139534. Section 5 of the Heritage Place OAA provides for an approximately 0.405 acre “Main Park” on Outlot B and an approximately 0.12 “Pocket Park” on Outlot C be donated to the Naperville Park District by the developer pursuant to the City’s land-cash provisions.
In addition, an agreement between the Naperville Park District and RAM West, LLC, the developer of Heritage Place Subdivision, setting forth specific provisions regarding the conveyance of Outlots B and C described above, was recorded with the DuPage County Recorder as Document Number R2021-135127. On July 28, 2023 the Park District issued a letter to the City indicating that it found Outlots B and C of the Heritage Place Subdivision to be in satisfactory condition and ready for conveyance. As required by state statute when properties are transferred between certain public bodies, on July 27, 2023, the Park District passed ordinance 23-1039 seeking conveyance of Outlots B and C and making the required statutory finding that it to be necessary and convenient for the Park District to use, occupy, or improve said sites (Group Exhibit B to the attached Ordinance). In turn, the attached ordinance provides for conveyance of the Outlots B and C to the Park District.
FISCAL IMPACT:
N/A