Aurora, Illinois

File #: 16-00247    Version: Name: Duke Realty / Easement Dedication / Lot 5 of Butterfield East, Unit 3
Type: Resolution Status: Passed
File created: 3/10/2016 In control: City Council
On agenda: 4/14/2016 Final action: 4/26/2016
Title: A Resolution Accepting the Dedication of City Easements on Lot 5 for Unit 3 of Butterfield East Subdivision, in DuPage County, Aurora, Illinois (Duke Realty - L16-00247 / WI33/4-16.010-Fpn - TV - Ward 10)
Attachments: 1. Exhibit "A" Plat of Easement - 2016-03-25 - 2016.010.pdf, 2. Property Research Sheet Location ID 58432 - 2016-01-18 - 2016.010.pdf, 3. Land Use Petition and Supporting Documents - 2016-03-09 - 2016.010.pdf, 4. Legistary History Report (Plat of Easement) - 2016-03-29 - 2016.010.pdf

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TO:                     Mayor Thomas J. Weisner

 

FROM:                     Tracey M. Vacek, Planner

 

DATE:                     March 30, 2016

 

SUBJECT:

A Resolution Accepting the Dedication of City Easements on Lot 5 for Unit 3 of Butterfield East Subdivision, in DuPage County, Aurora, Illinois  (Duke Realty - L16-00247 / WI33/4-16.010-Fpn - TV - Ward 10)  

 

PURPOSE:

The Petitioner, Duke Realty, is requesting approval of a Plat of Easement on Lot 5 of Butterfield East, Unit 3.  

 

BACKGROUND:

The Subject Property is Lot 5 of Butterfield East Subdivision, Unit 3 which is located east of Duke Parkway north of Ferry Road and is currently vacant.  The property is part of the Butterfield East Planned Development and is zoned PDD Planned Development District. 

 

In 2015, the Petitioner received Final Plat approval which contains city easements on this lot.  The Petitioner is currently in the process of obtaining Final Plan approval on this site and needs to adjust certain existing city easements to correspond with the proposed location of the utilities.  The Petitioner is therefore requesting approval of a Plat of Vacation and concurrently under separate action a Plat of Easement. 

 

DISCUSSION:

Staff has reviewed the Plat of Easement petition and has sent comments back to the petitioner on those submittals.  The petitioner has made the requested revisions to these documents and they now meet the applicable codes and ordinances. 

 

POLICIES AND GUIDELINES:

The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:

 

11.0                     To guide the growth of the City in an orderly and structured manner.  

 

RECOMMENDATIONS:

Staff would recommend APPROVAL of the Resolution Accepting the Dedication of City Easements on Lot 5 for Unit 3 of Butterfield East Subdivision, in DuPage County, Aurora, Illinois. 

 

ATTACHMENTS:

Exhibit "A-1" Plat of Easement

Land Use Petition with Supporting Documents

Property Research Sheet

 

Legistar Number: L16-00247

 

cc:                     Alderman Saville, Chairman
                     Alderman Donnell
                     Alderman Irvin
                     Alderman Hart-Burns, Alternate

 

 

CITY OF AURORA, ILLINOIS

 

RESOLUTION NO. _________

DATE OF PASSAGE ________________

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A Resolution Accepting the Dedication of City Easements on Lot 5 for Unit 3 of Butterfield East Subdivision, in DuPage County, Aurora, Illinois (Duke Realty - L16-00247 / WI33/4-16.010-Fpn - TV - Ward 10)  

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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, it may be necessary in the future to construct and provide utilities in the easement area; and

 

WHEREAS, upon petition of the property owners, Duke Realty, the City of Aurora has been offered in dedication suitable vacant land for the purpose of locating utilities and/or providing stormwater detention within an easement(s) as described on Exhibit “A” Plat of Easement attached hereto; and

 

WHEREAS, the City desires to receive and accept the granting of such real estate, in accordance with Section 11-105-01 of the Illinois Municipal Code (65 ILCS (1994) 5/11-105-1); and  

 

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Aurora, Illinois, as follows: that upon petition of the property owners, the City hereby receives and accepts the granting of the easement(s) as described on Exhibit “A” Plat of Easement attached hereto; provided however, that such acceptance of granting does not relieve the developer of its obligations to construct such utilities in accordance with the City of Aurora Public Improvement Ordinance.