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TO: Building, Zoning, and Economic Development Committee
FROM: Jill N. Morgan, Senior Planner
DATE: April 8, 2026
SUBJECT:
A Resolution Approving an Easement Release Agreement between the City of Aurora, Pulte Home Company, LLC and Oswego Community Unit School District No. 308 for the right to a City Easement on property located at the southeast corner of Eola Road and U.S. Route 30 (Pulte Company, LLC - 26-0237 / WH18/4-26.115-AGE - JM - Ward 9)
PURPOSE:
The Petitioner, Pulte Company, LLC, is requesting approval of an Easement Release Agreement between the City of Aurora, Pulte Home Company, LLC and Oswego Community Unit School District No. 308 for an easement over stormwater improvements on property located at the southeast corner of Eola Road and U.S. Route 30 which includes the City releasing the right to a City Easement over a storm sewer pipe that has already been relocated.
BACKGROUND:
The Subject Property is being developed by Pulte Home LLC for the Lincoln Crossing South and Lincon Prairie by Del Webb Phase 4 subdivisions.
The Petitioner is requesting approval of an Easement Release Agreement between the City of Aurora, Pulte Home Company, LLC and Oswego Community Unit School District No. 308 for the right to a City Easement. In 2011, the previous owners of the aforementioned property (Donald Hamman and Carol Hamman) and the Oswego Community Unit School District. No. 308 entered into a Easement for Storm Water Pipeline and Related Purposes Agreement. The Agreement allowed Oswego Community Unit School District. No. 308 to construct, operate, maintain, inspect, remove, replace and reconstruct stormwater pipelines through said property. The Agreement outlined that the maintenance of the stormwater pipeline would be the responsibility of District 308 until such time as the improvements are dedicated to the City of Aurora. The Agreement also allowed the right to relocate the stormwater improvements. In connection to the approval Final Engineering for Lincoln Crossing South, the stormwater improvements were relocated and the current location of the easement is no longer needed. This request releases any dedicated City Easement and any right to a City Easement of the stormwater improvements.
DISCUSSION:
Staff has reviewed the Easement Release Agreement 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:
11.1(3) To encourage new development contiguous to existing development.
11.1(5) To guide and promote development to areas where public utilities, public roads and municipal services are either available or planned.
12.1(3) To encourage residential development in close proximity to places of work, shopping and recreation.
20.0 To insure the provision of decent housing and a quality living environment for every resident of Aurora.
21.0(1) To promote access to housing opportunities for all economic, racial, religious, ethnic and age groups.
21.1(2) To promote a wide variety of housing types.
23.1(3) To encourage quality design and practicable innovations in both housing structures and site developments to encourage quality design and practicable innovations in both housing structures and site development.
23.1(10) To promote the provision of paved roads, sidewalks, utilities and other public works and improvements to each residence within the City through subdivision requirements or special assessments.
71.1(3) To work toward accomplishing complete utilities, including water mains and separated storm and sanitary sewer in all parts of the City.
RECOMMENDATIONS:
Staff recommends APPROVAL of the A Resolution Approving an Easement Release Agreement between the City of Aurora, Pulte Home Company, LLC and Oswego Community Unit School District No. 308 for the right to a City Easement on property located at the southeast corner of Eola Road and U.S. Route 30.
ATTACHMENTS:
EXHIBITS:
Exhibit A - Easement Agreement Release
2011 Storm Water Pipeline and Related Purposes Agreement
Easement Location
Legistar Number: 26-0237
cc:
Alderman Michael B. Saville, Chairperson
Alderman Patty Smith, Vice Chairperson
Alderman Javier Bañuelos
Alderwoman Juany Garza
Alderman Will White
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
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A Resolution Approving an Easement Release Agreement between the City of Aurora, Pulte Home Company, LLC and Oswego Community Unit School District No. 308 for the right to a City Easement on property located at the southeast corner of Eola Road and U.S. Route 30
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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, for reasons set forth in the Easement Release Agreement attached hereto and incorporated herein as Exhibit “A”, the City of Aurora, Pulte Home Company, LLC and Oswego Community Unit School District No. 308 wish to enter into said attached Easement Release Agreement for the release of the right to a City Easement over stormwater improvements that has already been relocated as described in said Exhibit “A”; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Aurora, Illinois, as follows: that the attached Easement Release Agreement incorporated herein as Exhibit "A" between the City of Aurora, Pulte Home Company, LLC and Oswego Community Unit School District No. 308 be approved, and the Mayor of the City of Aurora is hereby authorized and directed to execute the Intergovernmental Agreement on the behalf of the City.