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TO: Mayor Richard C. Irvin
FROM: Alex Minnella, Planner
DATE: July 12, 2017
SUBJECT:
An Ordinance Vacating a City Easement on the Property located at 1555 Butterfield Road, in Kane County, Aurora Illinois 60502. (Butterfield Village Center, LLC - 17-00570 / BA36/3-15.142-Fpn/R/VAC/DED - AM - Ward 1)
PURPOSE:
The Engineering Department is Requesting the Vacation of a utility easement for the existing retail center at 1555 Butterfield Road being Lot 6 of Butterfield Village Center Subdivision Phase II. The vacation of the existing utility easement is due to relocation of the watermain for the retail center parking lot expansion.
cc: Alderman Michael B. Saville, Chairman
Alderman Sherman Jenkins, Member
Alderman Carl Franco, Member
Alderman William "Bill" Donnell, Alternate
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Vacating a City Easement on the Property located at 1555 Butterfield Road, in Kane County, Aurora Illinois 60502
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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; and
NOW, THEREFORE, BE IT RESOLVED that 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Section Three: That all Ordinances or part of Ordinances in conflict herewith are hereby repealed insofar as any conflict exists.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 "A" attached hereto and incorporated herein by reference as if fully set forth and hereafter referred to as said Exhibit "A" shall be, and is, hereby vacated.
Section Six: That the City Clerk be and is hereby authorized and directed to cause this Ordinance and the Plat of Vacation hereby designated as Exhibit "A", to be placed on record forthwith with the applicable County Recorder of Deeds.