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TO: Mayor Richard C. Irvin
FROM: Stephen Broadwell, AICP, Planner
DATE: November 21, 2024
SUBJECT:
A Resolution Authorizing the Execution of an Encroachment Easement and Maintenance Agreement for 1125 Aurora Avenue, in Kane County. (FLIP 25, LLC - 24-0742 / AU15/2-24.294-AG/E/M - SB - WARD 1)
PURPOSE:
The Engineering Division is requesting approval of an encroachment easement and maintenance agreement for the property located at 1125 Aurora Ave. The details of the request include the construction and installation of an off-site sanitary sewer force main service line, which runs from the Subject Property, through the right of way on E Indian Trail and Aurora Ave, to connect to existing utilities. Per the agreement, the Petitioner is responsible for the construction, installation, maintenance, repair, relocation, and replacement of the developer improvements, with no cost to the City of Aurora.
The Subject Property is to be developed as a combination gas station, convenience store, and fast food drive-through restaurant. The City Council approved the Zoning entitlements for this development on May 14, 2024, which included a Condition of Approval that the Petitioner provide this requested encroachment easement and maintenance agreement. The Zoning entitlements included approval of a Conditional Use Planned Development, a Final Plat, and a Final Plan.
cc: Building, Zoning, and Economic Development Committee:
Alderwoman Patricia Smith, Chairperson
Alderwoman Shweta Baid, Vice Chairperson
Alderman Michael B. Saville
Alderman William "Bill" Donnell
Alderman Carl Franco
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
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A Resolution Authorizing the Execution of an Encroachment Easement and Maintenance Agreement for 1125 Aurora Avenue, in Kane County.
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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, on July 31, 2024, Flip 25, LLC filed with the City of Aurora a petition “Requesting approval of an Encroachment Easement and Maintenance Agreement for the property located at 1125 Aurora Avenue” and related required documents as attached hereto as Exhibits "A"; and
WHEREAS, for reasons set forth in the Agreement the City of Aurora and Flip 25, LLC wish to enter into said attached “Encroachment Easement and Maintenance Agreement”; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Aurora, Illinois, as follows: that the Mayor and City Clerk be and are hereby authorized to execute the attached Agreement.
NOW THEREFORE, BE IT FURTHER RESOLVED that City Clerk be directed to file and keep on record said Agreement and a certified copy of this Resolution.