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TO: Mayor Richard C. Irvin
FROM: Stephen Broadwell, AICP, Planner
DATE: September 19, 2024
SUBJECT:
An Ordinance Vacating a Detention Easement on the Property Located at 2323 Liberty Street, in DuPage County, Aurora, Illinois, 60502. (Wheatland Athletic Association - 24-0521 / NA19/1-24.267 - DED/VAC/E - SB - Ward 7)
PURPOSE:
The Petitioner, Wheatland Athletic Association, is requesting approval of a Plat of Vacation for a Detention Easement on the property located at 2323 Liberty St. The easement that is being vacated is approximately eleven thousand, nine hundred (11,900) square feet in area. The easement is being vacated as portions of the existing, dedicated Detention Easement are being covered by the concurrent Final Plan proposal, which includes construction of an outdoor soccer field over the easement.
As a result of the Detention Easement being vacated, the Petitioner is also working with the City’s Engineering Department to dedicate a new Stormwater Control Easement, which will allow for continued stormwater control on the Subject Property.
cc: Building, Zoning, and Economic Development Committee:
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 Vacating a Detention Easement on the Property Located at 2323 Liberty Street, in DuPage 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.
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 “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.