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TO: Mayor Richard C. Irvin
FROM: Tracey M. Vacek, Senior Planner
DATE: February 22, 2024
SUBJECT:
An Ordinance Vacating an Easement on the Property located property generally located south of New York Street and west of Route 59 in DuPage County, Aurora, Illinois (Centennial Real Estate Company - 24-0128 / NA21/4-23.489-VAC/E - TV - Ward 10)
PURPOSE:
The Petitioner, Centennial Real Estate Company, is requesting the Vacation of an easement for the property generally located south of New York Street and west of Route 59.
BACKGROUND:
As part of the redevelopment of the new apartment building on the north side of the Fox Valley Mall, the Petitioner is requesting a Plat of Vacation of certain easements as these utilities are being relocated. Concurrently with this Plat, a Plat of Easement being processed for the relocated utilities.
DISCUSSION:
Staff has reviewed the Plat of Easement Vacation petition and have 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:
10.0 To provide for the orderly, balanced and efficient growth and redevelopment of the City through the positive integration of land use patterns, functions, and circulation systems. To protect and enhance those assets and values that establishes the desirable quality and general livability of the City. To promote the City’s position as a regional center.
11.1(3) To encourage new development contiguous to existing development.
RECOMMENDATIONS:
Staff recommends APPROVAL of the Ordinance Vacating an Easement on the Property located property generally located south of New York Street and west of Route 59 in DuPage County, Aurora, Illinois.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Plat of Vacation
Land Use Petition and Supporting Documents
cc:
Alderwoman Patty Smith, Chairperson
Alderwoman Shweta Baid, Vice Chairperson
Alderman Michael B. Saville
Alderman Carl Franco
Alderman William “Bill” Donnell
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Vacating an Easement on the Property located property generally located south of New York Street and west of Route 59 in DuPage County, Aurora, Illinois.
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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, the territory legally described in Exhibit “A”, both hereto attached and incorporated herein by reference as if fully set forth and hereinafter referred to as said Exhibit “A” was heretofore reserved and granted to the City of Aurora for purposes of installing utilities; and
WHEREAS, the City Council of the City of Aurora has determined that said vacation described in Exhibit “A” will have no adverse effect upon the provision for utilities for which said easement was granted.
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 part of the easement heretofore reserved and granted to the City of Aurora and shown on Exhibit “B” attached hereto and incorporated herein by reference as if fully set forth and hereafter referred to as said Exhibit “B” shall be, and is, hereby vacated.
Section Six: That the City Clerk be and is hereby authorized and directed to cause this Plat of Vacation attached hereto as Exhibit “B”, to be placed on record forthwith with the applicable County Recorder of Deeds.