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TO: Mayor Richard C. Irvin
FROM: Steve Broadwell, Planner
DATE: September 18, 2019
SUBJECT:
A Resolution to Accept the Authorization and Execution of a Covenant Running with Land for Right-of-Way Dedication, and to also Accept Future Dedication of the Right-of-Way, with the McDonalds Corporation for the Property Located at 1023 North Lake Street (City of Aurora - 19-0850 - AU15/1-19.176-DED/ROW - SB - Ward 6)
PURPOSE:
The Engineering Division is requesting approval to accept the authorization and execution of a covenant running with the land for the future dedication of thirteen (13) feet for public right-of-way along Lyon Place for expansion.
cc: Building, Zoning, and Economic Development Committee:
Alderman Michael B. Saville, Chairperson
Alderman Sherman Jenkins, Vice Chairperson
Alderman Carl Franco, Member
Alderman Robert J. O'Connor, Member
Alderman Juany Garza, Member
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
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A Resolution to Accept the Authorization and Execution of a Covenant Running with Land for Right-of-Way Dedication, and to also Accept Future Dedication of the Right-of-Way, with the McDonalds Corporation for the Property Located at 1023 North Lake 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, McDonalds Corporation is the owner of real estate located on the east side of North Lake Street, north of its intersection with Lyon Place, and is seeking to construct and operate a fast food restaurant with a drive-through on said property; and
WHEREAS, the City has requested and McDonalds Corporation has agreed to dedicate thirteen (13) feet of right-of-way along Lyon Place; and
WHEREAS, McDonalds Corporation has agreed to enter into a covenant running with the land, bordering on McDonalds Corporation binding itself and all future owners to dedicate this additional thirteen (13) feet of right-of-way at such time as required by the City, a copy of said covenant is attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Aurora, Illinois, as follows: that the City of Aurora shall agree to accept and authorize the covenant, and to also authorize future acceptance of the dedication of the right-of-way, with McDonalds Corporation and the Mayor and City Clerk are authorized to execute said covenant (Exhibit "A") on behalf of the City.