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TO: Mayor Richard C. Irvin
FROM: Steve Broadwell, Planner
DATE: March 22, 2019
SUBJECT:
A Resolution Accepting the Dedication of an Easement and the Dedication of Right of Way for the Property located at 2114 Deerpath Road (KKLH Investors, Inc. - 19-0241 / SG01/4-18.233-DED/E - SB - Ward 5)
PURPOSE:
The Engineering Department is requesting approval of dedication for twenty-five feet of public right of way along the west side of Deerpath Road, and the dedication of a seven foot wide City Easement for the property located at 2114 Deerpath Road.
cc: Planning & Development Committee:
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 an Easement and the Dedication of Right of Way for the Property located at 2114 Deerpath 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 and provide utilities in the easement area; and
WHEREAS, upon petition of the property owners, KKLH Investors, Inc., the City of Aurora has been offered in dedication suitable vacant land for the purpose of locating utilities and/or providing stormwater detention 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
WHEREAS, it may be necessary in the future to construct additional public roadway and provide utilities within the proposed twenty-five foot right-of-way dedication area; and
WHEREAS, upon petition of the property owners, KKLH Investors, Inc., 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 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; and
NOW THEREFORE, BE IT RESOLVED by 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 Deerpath 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 and any applicable Annexation Agreement