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TO: Mayor John Laesch
FROM: Tracey M. Vacek, Director of Zoning and Planning Division
DATE: August 22, 2025
SUBJECT:
An Ordinance Vacating a Water Line Easement and a Stormwater Control Easement on the Property located at 1444 N. Orchard Road, in Kane County, Aurora, Illinois
PURPOSE:
The Petitioner, Continental 834 Fund, LLC, is requesting the Vacation of a Water Line Easement and a Stormwater Control Easement for the property at 1444 N. Orchard Road.
BACKGROUND:
The Subject Property is currently vacant land with PDD Planned Development District zoning which is part of the USAA Planned Development District. The USAA Planned Development District was established in 1989 for approximately 500 acres of land. Over the years, the USAA Planned Development District Plan Description has undergone several amendments to accommodate ongoing development Most recently, on December 17, 2024, Ordinance O24-100 was approved, adding Parcel #20 and introducing a ninth land use designation-Multi-family Residential-for a portion of Lot 1A within the Resubdivision of Lot One in the Orchard Road Subdivision (also known as Lot 1 of Springs of Aurora). A Preliminary Plat and Plan for the multi-family residential development were also approved as part of this amendment by Resolutions R24-424 and R24-425. On August 5, 2025, the Final Plat and Plan for the multi-family residential development were approved by Resolutions PDFNL25-022 and PDFNL25-023.
The Petitioner is requesting a Plat of Vacation for a Water Line Easement and a Stormwater Control Easement as the utilities and stormwater management are being relocated on the property as part of the residential development. The relocated easements will be granted as part of the Plat of Subdivision.
DISCUSSION:
Staff has reviewed the Plat of Vacation petition and has 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, except for the items reflected in the conditions listed in the Staff Recommendation below.
POLICIES AND GUIDELINES:
The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:
11.1(5) To guide and promote development to areas where public utilities, public roads and municipal services are either available or planned.
11.1(3) To encourage new development contiguous to existing development.
12.01(3) To encourage residential development in close proximity to places of work, shopping and recreation.
12.01(4) To encourage high density housing at appropriate locations adjacent to commercial centers.
21.1(2) To promote a wide variety of housing types.
21.1(3) To promote housing in all price ranges for purchase or rent.
RECOMMENDATIONS:
Staff recommends CONDITIONAL APPROVAL of the Ordinance Vacating a Water Line Easement and a Stormwater Control Easement on the Property located at 1444 N. Orchard Road, in Kane County, Aurora, Illinois, with the following condition:
1. That the Plat of Vacation be revised as follows:
a. That the Legal Description be revised to reflect the proposed vacations.
b. That the label be changed from “15’ Water Easement Doc. No. 2003K091879 Hereby Vacated” to “15’ Water Line Easement Doc. No. 2003K091879 Hereby Vacated”
c. That the Owner’s Certificate be removed from the Plat.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit “B” Plat of Vacation
cc:
Alderman Michael Saville, Chairperson
Alderwoman Patty Smith, Vice Chairperson
Alderman Javier Bañuelos
Alderwoman Juany Garza
Alderman At-Large Will White
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Vacating a Water Line Easement and a Stormwater Control Easement on the Property located at 1444 N. Orchard Road, in Kane County, Aurora, Illinois
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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, 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 stormwater management; 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 as it is shown on said Exhibit “B”; and.
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