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TO: Mayor Robert J. O'Connor
FROM: Alex Minnella, Planner
DATE: November 3, 2016
SUBJECT:
An Ordinance Vacating a City Easement on the Property located at 491 S. State Route 59 being south of Ogden Avenue and west of Route 59, in DuPage County, Aurora Illinois 60504 (Panera, LLC - 16-01046 / NA28/2-16.208-DED/VAC/E - AM - Ward 10).
PURPOSE:
The Petitioner, Panera, LLC, is requesting approval of a vacation of a 3,802 sq. ft. stormwater control easement on the property located at 491 S. State Route 59.
BACKGROUND:
The Subject Property is located south of Ogden Avenue and west of Route 59 with PDD zoning as part of the Fox Valley East Planned Development District. The easement vacation proposal includes a dedication of 6,490 sq. ft. stormwater control easement just east of the referenced area being vacated. Additional information on the legislative history of the property can be found in the attached Property Information Sheet.
DISCUSSION:
Staff has reviewed the Vacation - Easement 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.
IMPACT STATEMENT :
The Planning and Zoning Division would anticipate that this project will increase the City’s overall tax base and viability by enhancing the city’s infrastructure and improving services to its residence.
RECOMMENDATIONS:
Staff would recommend APPROVAL of the ordinance vacating a City easement on the Property located at 491 S. State Route 59 being south of Ogden Avenue and west of Route 59, in DuPage County, Aurora Illinois 60504.
ATTACHMENTS:
EXHIBITS:
Exhibit “A” Plat of Vacation
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar Number: 16-01046
cc: Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance vacating a City easement on the property located at 491 S. State Route 59 being south of Ogden Avenue and west of Route 59, in DuPage County, Aurora Illinois 60504.
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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", attached hereto and incorporated by reference as if fully set forth herein was heretofore reserved and granted to the City of Aurora as an easement for purposes of installing utilities; and
WHEREAS, the City Council of the City of Aurora has determined that the vacation of easement described in Exhibit "A" will have no adverse effect upon the provision for utilities for which said easement was originally granted; and
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 easement heretofore reserved and granted to the City of Aurora and shown on Exhibit "A" attached hereto and incorporated by reference as if fully set forth herein shall be, and is hereby, vacated.
Section Six: That the City Clerk is hereby authorized 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.