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TO: Mayor Thomas J. Weisner
FROM: Tracey M. Vacek, Planner
DATE: May 20, 2016
SUBJECT:
A Resolution Accepting the Dedication of Right of Way for Diehl Road located along the property at the northwest corner of Diehl Road and Eola Road (City of Aurora - 16-00481 / NA05/3-16.079-DST - TV - Ward 10)
PURPOSE:
The purpose of this Resolution is to dedicate a 20 foot strip of land along Diehl Road as public right of way.
BACKGROUND:
The City of Aurora purchased property along Diehl Road from Hamilton Partners for the Eola Interchange. However, this 20 foot strip of land was never dedicated as public right of way and as a result, Hamilton Partners does not have direct access to public right of way. This action will dedicate the 20 foot strip of land as public right of way for the Eola Interchange
DISCUSSION:
Staff has reviewed the Plat of Dedication petition and have determined that it meets the applicable codes and ordinances.
POLICIES AND GUIDELINES:
The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:
11.0 To guide the growth of the City in an orderly and structured manner
RECOMMENDATIONS:
Staff would recommend APPROVAL of the Resolution Accepting the Dedication of Right of Way for Diehl Road located along the property at the northwest corner of Diehl Road and Eola Road
ATTACHMENTS:
Exhibit "A" Plat of Right of Way Dedication
Legistar Number: 16-00481
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 Right of Way for Diehl Road located along the property at the northwest corner of Diehl Road and Eola Road
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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 additional public roadway and provide utilities within the proposed Diehl Road right-of-way dedication area; and
WHEREAS, upon petition of the property owners, City of Aurora, the City of Aurora has been offered in dedication suitable vacant land for the purpose of locating there upon the proposed public roadway and any utilities; and
WHEREAS, the City desires to receive and accept the dedication 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: that upon petition of the property owners, the City hereby receives and accepts the dedication of the right-of-way for public roadway and any utilities located within said public Diehl Road right-of-way, as described on Exhibit “A” Plat of Right-of-way Dedication attached hereto; provided, however, that such acceptance of dedication does not relieve the developer of its obligations to construct such roadways and/or utilities in accordance with the City of Aurora Public Improvement Ordinance.