cover
TO: Mayor Richard C. Irvin
FROM: Tracey M. Vacek, Senior Planner
DATE: June 7, 2017
SUBJECT:
A Resolution Accepting the Dedication of a Blanket Utility Easement at 3127 Trillium Court West being Lot 28 of Tanglewood Oaks Subdivision (K. Hovnanian Homes - 17-00517 / SG13/3-16.226-VAC/E/DED/E - TV - Ward 5)
PURPOSE:
The Petitioner is requesting approval of a Plat of Easement for a blanket utility easement at 3127 Trillium Court West being Lot 28 of Tanglewood Oaks Subdivision. Commonwealth Edison inadvertently installed an underground cable on Lot 28 being a single family residential lot. In order to accommodate this encroachment, the Petitioner is proposing to grant a blanket utility easement over the north 10 feet of Lot 28 and to vacate 10 feet of the blanket utility easement on Lot 46 adjacent to the south lot line of Lot 28. This will allow the Petitioner and the Tanglewood Homeowner's Association to then be able to swap these areas essentially shifting the single family lot 10 feet south so that it can still accommodate a single family house.
cc: Alderman Michael B. Saville, Chairman
Alderman Sherman Jenkins, Member
Alderman Carl Franco, Member
Alderman William "Bill" Donnell, Alternate
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
title
A Resolution Accepting the Dedication of a Blanket Utility Easement at 3127 Trillium Court West being Lot 28 of Tanglewood Oaks Subdivision
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, it may be necessary in the future to construct and provide utilities in the easement area; and
WHEREAS, upon petition of the property owners, K. Hovnanian Homes, the City of Aurora has been offered in dedication suitable vacant land for the purpose of locating utilities 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: 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.