Aurora, Illinois

File #: 15-00567    Version: 1 Name:
Type: Resolution Status: Passed
File created: 6/23/2015 In control: City Council
On agenda: 7/16/2015 Final action: 7/28/2015
Title: A Resolution Authorizing an Easement Agreement between the City of Aurora and Burlington Northern Santa Fe Railway Company over the Property located between BNSF Railroad Tracks, Spring Street and Liberty Street.
Attachments: 1. Easement & Exhibit A.COA, BNSF.Spring & Liberty St..pdf

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TO:                     Mayor Thomas J. Weisner

 

FROM:                     Blanca Dominguez, Asst. Corp. Counsel

 

DATE:                     June 23, 2015

 

SUBJECT:

Easement Agreement between City of Aurora and Burlington Northern Santa Fe ("BNSF") over property at or near Spring and Liberty Streets

 

PURPOSE:

The purpose of the easement agreement is to allow BNSF to enter certain City owned property to construct a driveway to BNSF railroad tracks and to inspect and maintain existing railroad equipment.

 

BACKGROUND:

The City is the owner in fee simple of a public way, located between BNSF’s railway, Lincoln Avenue, Spring Street, and Liberty Street, in Aurora, Illinois.  BNSF is the fee simple owner of adjoining parcels of land, consisting of railroad tracks to the Northwest of said public way, in Aurora, Illinois.

 

DISCUSSION:

BNSF is performing certain improvements over existing railroad tracks and equipment.  In order to gain access to the railroad tracks, BNSF has requested that the City grant it an easement over certain portions of Spring and Liberty Streets.  BNSF desires to enter the Property with vehicle and pedestrian access to said tracks to inspect and maintain existing equipment located near the intersection of New York St. and the railroad tracks.

 

IMPACT STATEMENT:

The granting of the easement will not adversely affect the interests of the City.  To the contrary, allowing the easement so that BNSF can conduct maintenance on existing railroad tracks and equipment will ensure that those portions of BNSF tracks are properly maintained to promote greater railway safety.

 

RECOMMENDATIONS:

I recommend that this matter be forwarded to the Planning and Development Committee for review and consideration the meeting to be held on July 16, 2015.

 

 

cc:                     Alderman Saville, Chairman
                     Alderman Irvin
                     Alderman Donnell
                     Alderman Hart-Burns, Alternate

 

 

CITY OF AURORA, ILLINOIS

 

RESOLUTION NO. _________

DATE OF PASSAGE ________________

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A Resolution Authorizing an Easement Agreement between the City of Aurora and Burlington Northern Santa Fe Railway Company over the Property located between BNSF Railroad Tracks, Spring Street and Liberty Street.

 

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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, BNSF Railway Company (“BNSF”) is performing certain track improvements at railroad tracks located within the City of Aurora, and has requested the City of Aurora to grant them an easement across property owned by the City of Aurora, located between BNSF Railroad, Spring St, Lincoln Ave and Liberty St, in order to enter the property to construct a driveway from the property to said railroad tracks to access, inspect and maintain existing railroad equipment located near the intersection of New York St and the railroad tracks; and

 

WHEREAS, this access easement will not to be utilized to install and construct additional railroad tracks and associated improvements at that location; and

 

WHEREAS, BNSF is requesting the City of Aurora enter into the attached Easement Agreement with respect to the City granting said Easement, which the City has agreed to do.

 

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aurora, Illinois, as follows: shall authorize the Mayor to enter into the attached Easement Agreement with BNSF to allow it construct a driveway to access said railroad tracks, a copy of which Easement Agreement is attached hereto and made a part hereof.

enter your resolution summary here.  The Mayor is further authorized to execute any and all documents necessary and consistent with this Resolution to effectuate the easement.