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TO: Mayor Richard C. Irvin
FROM: Stephen Broadwell, Planner
DATE: February 8, 2024
SUBJECT:
An Ordinance Vacating an Ingress/Egress Easement on the Property located at 733 and 743 McClure Road, in Kane County, Aurora, Illinois 60502 (743 McClure Road, LLC - 24-0067 / AU13/3-24.038-FSD - WARD 1)
PURPOSE:
The Petitioner, 743 McClure Road, LLC, is requesting approval of a Plat of Vacation for the rear portion of the dedicated Ingress/Egress Easement for the neighboring properties located at 743 and 733 McClure Rd.
BACKGROUND:
The Subject Property is zoned M-1, Manufacturing District - Limited. The Comprehensive Plan designates the Subject Property as Industrial. The property located at 743 McClure Rd is approximately two (2) acres and consists of a single-story industrial building that is approximately forty thousand (40,000) square feet in area. The property located at 733 McClure Rd is approximately two (2) acres and consists of a single-story industrial building that is approximately twenty-six thousand (26,000) square feet in area. The properties share a dedicated twenty-four (24) foot wide ingress/egress easement between the property owners for a driveway and parking, and which extends through the middle of the properties from McClure Rd to the eastern property line.
The Petitioner is requesting approval of a Plat of Vacation for the portion of the dedicated twenty-four (24) foot wide Ingress/Egress Easement that runs through the accompanying Final Plat’s newly dedicated Lot 1. The remainder of the existing Ingress/Egress Easement will remain on the property, allowing Lot 1 and Lot 2 to maintain access. The area of the vacated easement is approximately four thousand, two hundred (4,200) square feet.
Concurrently with this proposal, the Petitioner is requesting approval of a Final Plat for 743 McClure Rd, LLC Subdivision, located at 733 and 743 McClure Road. The details of the request include subdividing and consolidating the existing adjacent lots into a new two (2) lot subdivision, which consists of 743 McClure Rd on Lot 1 and 733 McClure Rd on Lot 2. As part of this proposal, Lot 1 is to consolidate the rear portion of Lot 2, which is approximately twenty-nine thousand (29,000) square feet. With approval of this Final Plat, Lot 1’s area is approximately one hundred twenty-two thousand (122,000) square feet, while Lot 2’s area is approximately sixty-three thousand (63,000) square feet. The rear portion of Lot 1 includes a seventy-one (71) foot wide Stormwater Control Easement. The Petitioner is also dedicating sixty-six (66) feet of public right-of-way on McClure Rd, which then requires a ten (10) foot wide Sign Easement to allow for the existing monument sign to remain in its place, as well as Ingress/Egress Easements to allow for the existing parking lot and sidewalk to remain on the Subject Property.
DISCUSSION:
Staff has reviewed the Plat of Vacation 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:
22.1 (2): To achieve appropriate zoning protection for residential areas designated in the
land use plan.
41.1 (2): To promote a balanced distribution of industries within the City.
51.1 (3): To actively promote and pursue the retention of businesses and industries
presently located within the City of Aurora.
RECOMMENDATIONS:
Staff would recommend APPROVAL of the ordinance vacating an Ingress/Egress Easement on the property located at 733 and 743 McClure Road, in Kane County, Aurora, Illinois 60502.
ATTACHMENTS:
Exhibit "A" Plat of Vacation
Land Use Petition with Supporting Documents
Qualifying Statement
Property Parcel Maps
cc: Building, Zoning, and Economic Development Committee:
Chairperson Patty Smith
Vice Chair Shweta Baid
Alderman Carl Franco
Alderman Mike Saville
Alderman Bill Donnell
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Vacating an Ingress/Egress Easement on the Property located at 733 and 743 McClure 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.
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 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 Plat of Vacation hereby designated as Exhibit “A”, to be placed on record forthwith with the applicable County Recorder of Deeds.