cover
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 ________________
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.
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, 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.