VILLAGE OF NORTH AURORA

VILLAGE OF NORTH AURORA KANE COUNTY,

RESOLUTION NO. {/ 7 .-1) 5 .- ~ h -02-

RESOLUTION TO HOLD A PUBLIC HEARING ON APRIL 3, 2017 FOR THE PROPOSED EXCHANGE OF LAND BETWEEN THE VILLAGE OF NORTH AURORA AND OBERWEIS. INC.

Adopted by the Board of Trustees and President oft~ ~illage of North Aurora this ~ay of MAllcf.f=, 2017

Published in Pamphlet Form by authority of the Board of Trustees of the Village of North Aurora, Kane County, Illinois, thiJcFday~17 by 'P:e ,,

Page 1 of3 Pages VILLAGE OF NORTH AURORA

RESOLUTION NO. ({- /1 ~ t13 ·- /) ~ ~ () ;).__

RESOLUTION TO HOLD A PUBLIC HEARING ON APRIL3, 2017 FOR THE PROPOSED EXCHANGE OF LAND BETWEEN THE VILLAGE OF NORTH AURORA AND OBERWEIS. DAIRY INC.

WHEREAS, Oberweis, Dairy, Inc. owns a parcel of property immediately east and adjacent to Randall Road and the Randall road right-of-way and north of Drive legally describes in the document attached hereto and incorporated herein by referenced as Exhibit A (hereinafter the "Oberweis Parcel");

WHEREAS, The Village North Aurora owns a parcelof property east of Randall Road and north of Ice Cream Drive legally described in the document attached hereto and incorporated herein by reference as Exhibit B (herein after the "Village Parcel") for which the Village has no present or future use; and

WHEREAS, Oberweis desires to obtain the Village Parcel, being a parcel immediately adjacent to a larger tract of land owned by Oberweis; and

WHEREAS, the Village desires to obtain the Oberweis Parcel, being a parcel having access immediately adjacent to Randall Road and the Randall Road right-of-way, that will provide direct access to the future well site and lessen the administrative burden, delay and permit cost for the willby allowing the Village to obtain a lesser impact permit from the Army Corpsof Engineers; and

WHEREAS, the value of the Oberweis Parcel that the Village is proposing to obtain in exchange for the Village Parcel is at least the same value as the Village Parcel proposed to be transferred to Oberweis or greater; and

WHEREAS, the exchange of parcels being proposed is believed to be in the best interest of the Village of North Aurora.

NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of North Aurora, Kane County, Illinois, as follows:

1. A public hearing shall be conducted at 7:00 pm on April 3, 2017, at the Village Board Meeting Room at the North Aurora Village Hall at25 East State Street, North Aurora, Illinois 60542, for the purpose of entertaining the proposal for the exchange of the Oberweis Parcel identified in Exhibit A and the Village Parcel identified in Exhibit B on such terms and conditions as might be determined by the President and the Board Trustees.

2. The Village Administrator is hereby authorized and directed to publish notice in a newspaper of general circulation in the Village of North Aurora, Kane County giving notice of the date time and place of the public hearing, setting forth the legal descriptionsof the properties to be considered for exchange and proposed terms and conditions of the exchange.

Page 2 of3 Pages VILLAGE OF NORTH AURORA

3. The proposed terms and conditions of the exchange are as follows:

a) Each party shall be responsible for its own attorney's fees and cost;

b) The Village has obtained and will provide legal descriptions and a plat of survey showing both parcels tobe exchanged;

c) The exchange shall be a swap in kind with no additional exchange of funds from either party to the other;

d) The grant of a temporary construction easement of approximately fifty feet (50') by one hundred feet (100') on the Oberweis property for staging the constructionof a well; and

e) The parties shall enter into an agreement if the proposal is approved pursuant to a standard form contract of the type and subject to the terms that are usual and customary in the area in a form to be approved by Ordinance containing these terms and conditions, as modifiedin the discretion and determination of the President and Board of Trustees and any additional terms and conditions determined to be in the best interest of the Village of North Aurora

4. This resolution shall take full force and effect from and after its approval

Presented to the Boardof Trustees of the Village of North Aurora, Kane County, Illinois this ~ day of \l! Aa.cc f' 2017 Passed byte Board of Trustees of the Village of North Aurora, Kane County, Illinois this {p~ day of HAfUC , 2017

Mark Carroll Laura Curtis

Chris Faber Mark Gaffino

Mark Guethle

R:\Secretaiy\Clients - Municipal\Village of North Aurora\OBER p«ty Thmsli:r\2017--02-09 RESOLUTION Proposing Exchange of Real Estate w Oberweis, Dairy Inc.docx

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