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TO: Mayor Richard C. Irvin
FROM: Tracey M. Vacek, Senior Planner
DATE: July 3, 2024
SUBJECT:
An Ordinance Annexing a portion of railroad property generally located east of Gordon Road and West of Orchard Road in Sugar Grove Township, Kane County, Illinois to the City of Aurora pursuant to 65 ILCS 5/7-1-8
PURPOSE:
To annex a portion of railroad property generally located east of Gordon Road and West of Orchard Road, in Sugar Grove Township, Kane County, Illinois to the City of Aurora
BACKGROUND:
The Subject Property is a portion of the existing BNSF railroad which is generally located east of Gordon Road and West of Orchard Road in Sugar Grove Township, Kane County, Illinois.
The City is conducting an annexation of a portion of the BSNF Railway pursuant to 65 ILCS 5/7-1-8.
DISCUSSION:
This annexation will help facilitate the annexation of properties to the north to prevent a solar farm from being developed. Though the City actively supports the expansion and use of alternative forms of energy, including, specifically, solar, the proposed location is inconsistent with the City's long-term plans for the area as the City's Countryside Vision Plan designates this area for an estate residential type development.
IMPACT STATEMENT :
This annexation allows the City to proceed with annexation of the properties to the north, since these properties will be wholly bounded by one or more municipalities and a Forest Preserve District.
RECOMMENDATIONS:
Staff recommends APPROVAL of the Ordinance Annexing a portion of railroad property located east of Gordon Road and West of Orchard Road, in Sugar Grove Township, Kane County, Illinois to the City of Aurora pursuant to 65 ILCS 5/7-1-8
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Plat of Annexation
Exhibit "C" District Notice Mailing Affidavit
Map
Legistar Number: 24-0516
cc:
Alderwoman Patty Smith, Chairperson
Alderwoman Shweta Baid, Vice Chairperson
Alderman Michael B. Saville
Alderman Bill Donnell
Alderman Carl Franco
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Annexing a portion of railroad property located east of Gordon Road and West of Orchard Road, in Sugar Grove Township, Kane County, Illinois to the City of Aurora pursuant to 65 ILCS 5/7-1-8
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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, BNSF Railway, is the owner of record of the real estate legally described on Exhibit “A”, attached hereto and incorporated herein by reference as if fully set forth, and hereafter referred to as Exhibit “A”; and
WHEREAS, by petition dated Wednesday, July 2, 2024, the above-named owner petitioned the City of Aurora to annex the real property legally described on said Exhibit “A” to the City of Aurora, in accordance with the provisions of Section 7-1-8 of the Illinois Municipal Code (65 ILCS 5/7-1-8); and
WHEREAS, the above-named party, as owner of record of the real estate legally described on said Exhibit “A”, requested that the property be zoned pursuant to the provisions of Chapter 49 of the Code of Ordinances, City of Aurora, being the Zoning Ordinance and the Zoning Map attached thereto; and
WHEREAS, the corporate authorities of the City of Aurora have determined that the property is contiguous to the City of Aurora and is not within the corporate limits of any other municipality and that the petition in all other respects conforms to the requirements of law; and
WHEREAS, due statutory notice has been given to those entities listed in the affidavit and Annexation Notification List attached hereto as Exhibit “C”, including the County Clerk (as election authority), the supervisor, clerk and all respective members of township board and the highway commissioner in any affected township, and the trustees of any fire protection district in which the Subject Property is located.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That the City Council of the City of Aurora, Illinois finds as fact all of the preamble recitals of this Ordinance.
Section Two: That this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Three: That all Ordinances or part of Ordinances in conflict herewith are hereby repealed insofar as any conflict exists.
Section Four: That any section, phrase or paragraph of this Ordinance that is construed to be invalid, void or unconstitutional shall not affect the remaining sections, phrases or paragraphs of this Ordinance which shall remain in full force and effect.
Section Five: That the real estate described on Exhibit “A”, attached hereto and incorporated herein by reference as if fully set forth, be, and the same is hereby annexed to the City of Aurora, Illinois.
Section Six: That the property to the far side of any adjacent public right-of-way within said annexed area, and the same is, hereby also annexed to the City of Aurora, Illinois.
Section Seven: That the corporate limits of the City of Aurora, and the same are, hereby extended to include the territory hereby annexed to the City of Aurora, Illinois.
Section Eight: That the real estate legally described on said Exhibit “A” is hereby placed in the R-1 One-Family Dwelling District zoning classification of Chapter 49 of the Code of Ordinances, City of Aurora, being the Zoning Ordinance and the Zoning Map attached thereto, pursuant to Section 103.2(h) of said Ordinance.
Section Nine: That the City Clerk of the City of Aurora is hereby authorized and directed to file with the applicable County Recorder of Deeds a certified copy of the Ordinance, together with an accurate plat of the territory annexed, which plat shall be certified as to its correctness and attached hereto as Exhibit “B”.