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...
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