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TO: Mayor Thomas J. Weisner
FROM: Alex Minnella, Planner
DATE: November 3, 2016
SUBJECT:
A Resolution Accepting the Dedication of an Easement at 491 S. State Route 59 being south of Ogden Avenue and west of Route 59, being Lot 1 - Outlot 3 of Aurora Market Subdivision (Panera, LLC - 16-01047 / NA28/2-16.208-DED/VAC/E - AM - Ward 10)
PURPOSE:
The Engineering Division is requesting approval of a dedication of 6,490 sq. ft. stormwater control easement from the owners of 491 S. State Route 59 located south of Ogden Avenue and west of Route 59, being Lot 1 - Outlot 3 of Aurora Market Subdivision in DuPage County, Aurora Illinois.
cc: Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, Alternate
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
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A Resolution accepting the dedication of an easement at 491 S. State Route 59 being south of Ogden Avenue and west of Route 59, being Lot 1 - Outlot 3 of Aurora Market Subdivision.
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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, it may be necessary in the future to construct and provide utilities in the easement area; and
WHEREAS, upon petition of the property owners, Panera, LLC, the City of Aurora has been offered in dedication suitable vacant land for the purpose of locating utilities and/or providing stormwater detention within an easement(s) as described on Exhibit “A” Plat of Easement attached hereto; and
WHEREAS, the City desires to receive and accept the granting of such real estate, in accordance with Section 11-105-01 of the Illinois Municipal Code (65 ILCS (1994) 5/11-105-1); and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Aurora, Illinois, as follows: as follows: that upon petition of the property owners, the City hereby receives and accepts the granting of the easement(s) as described on Exhibit “A” Plat of Easement attached hereto; provided however, that such acceptance of granting does not relieve the developer of its obligations to construct such utilities in accordance with the City of Aurora Public Improvement Ordinance.