cover
TO: Mayor Richard C. Irvin
FROM: Stephen Broadwell, AICP, Planner
DATE: July 18, 2024
SUBJECT:
An Ordinance Vacating a City Easement on the Property located at 1101 Foran Lane, in Kane County, Aurora, Illinois, 60506. (Sai Samsthan USA - 24-0254 / AU16/1-24.167-VAC/E - SB - Ward 6)
PURPOSE:
The Engineering Department is requesting approval of a Plat of Vacation for the property located at 1101 Foran Lane. The details of the request includes vacating the existing fifteen (15) foot wide City Easement, which is required per the Engineering Department's review to be removed as the easement is located beneath the building addition that is proposed as part of the Final Plan Revision. The easement is required to allow for a watermain line to be constructed and maintained in place of the existing utility.
The vacated City Easement is being relocated as part of the accompanying Final Plat approval, which is also consolidating the Subject Property into a single lot subdivision.
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 ________________
title
An Ordinance Vacating a City Easement on the Property located at 1101 Foran Lane, in Kane County, Aurora, Illinois, 60506
body
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 “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.