Aurora, Illinois

File #: 14-00621    Version: Name: East Aurora School District - Vacation of City Easement
Type: Ordinance Status: Passed
File created: 7/24/2014 In control: City Council
On agenda: 8/26/2014 Final action: 8/26/2014
Title: An Ordinance Vacating a City Easement on the Property located at 250 E. Indian Trail, in the City of Aurora, Illinois, 60505
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TO:      Mayor Thomas J. Weisner
 
FROM:      Tracey M. Vacek, Planner
 
DATE:      August 5, 2014
 
SUBJECT:
An Ordinance Vacating a City Easement on the Property located at 250 E. Indian Trail, in the City of Aurora, Illinois, 60505 (East Aurora School District - 14-00621 / AU10/4-13.505-M - TV - Ward 1)    
 
PURPOSE:
The Petitioner, East Aurora School District, has submitted a Plat of Vacation for a City Easement at 250 E. Indian Trail.  East Aurora School District recently purchased this property for the District's full day Kindergarten Center and is currently constructing an addition to the existing building.  In order to construct the addition the City Easement must be vacated, since it is located under the proposed addition.    
 
BACKGROUND:
The Subject Property is located at 250 E. Indian Trail and is currently a vacant building with B-2(S) zoning.  This building was originally built as a Frank's Nursery and then was converted to a church by Family and Faith Christian Church.   
 
DISCUSSION:
Staff has reviewed the petition, submitted by the petitioner and have sent comments back to them on those submittals.  The petitioner has made all the requested changes to these documents and they now meet all of 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 which will offset any incidental Department or staffing impacts.   
 
RECOMMENDATIONS:
Staff would recommend APPROVAL of the Plat of Vacation for the City Easement on the Property located at 250 E. Indian Trail, in the City of Aurora, Illinois, 60505.  
 
ATTACHMENTS:
Property Research Sheet
Plat of Vacation
 
cc:      Alderman Saville, Chairman
      Alderman Donnell
      Alderman Irvin
      Alderman Hart-Burns, Alternate
 
 
 
CITY OF AURORA, ILLINOIS
 
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Vacating a City Easement on the Property located at 250 E. Indian Trail, in the City of Aurora, Illinois, 60505
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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 ORDAINED by the City Council of the City of Aurora, Illinois,
 
Section One: That the City Council finds as facts all of the recitals in the preamble of this Ordinance.
                                                                               
Section Two: That part of the easement heretofore reserved and granted to the City of Aurora and described in 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 Three: 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.
                                                                               
Section Four: That this ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
                                                                                
Section Five: That all ordinances or parts of ordinances thereof in conflict herewith are hereby repealed to the extent of any such conflict.
                                                                          
Section Six: That any Section or provision of this ordinance that is construed to be invalid or void shall not affect the remaining Sections or provisions, which shall remain in full force and effect thereafter.  
 
 
PASSED AND APPROVED on ______________.
 
AYES ____     NAYS ____     NOT VOTING ____     ABSENT ____
 
 
ATTEST:
 
____________________________                  __________________________
                City Clerk                                          Mayor
 
Legistar Number: 14-00621
 
ATTACHMENTS:
Exhibit "A" Plan Information Sheet
 
 
EXHIBIT "A"
PLAN INFORMATION SHEET
Plan for the property located at 250 E. Indian Trail, Aurora, IL
 
Case File Number:  AU10/4-13.505-M
 
Tax Parcel Number:  15-10-401-050
 
Owner:  
East Aurora School District
417 Fifth Street
Aurora, IL 60505
 
Plan Prepared By:
Engineering Enterprises, Inc.
52 Wheeler Road
Sugar Grove, IL 60554
Date Plat Received: August 11, 2014  
 
 
                  
NOTE:  A COPY OF THIS PLAT AS REFERENCED HEREON IS ON FILE IN THE CITY OF AURORA PLANNING AND ZONING DIVISION OFFICE ON THE SECOND FLOOR, 1 SOUTH BROADWAY, AURORA, ILLINOIS, 60505.