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TO: Mayor Richard C. Irvin
FROM: Brian Witkowski, P.E. CFM, CSI, Engineering Coordinator
DATE: August 22, 2024
SUBJECT:
Resolution to approve an easement agreement between the City of Aurora and Kane County Forest Preserve.
PURPOSE:
To formalize the existing maintenance responsibilities for the storm sewer located within the Kane County Forest Preserve property that was formally part of the Aurora Outlet Mall. This resolution would provide the City Council authority to sign this agreement that has been signed and approved by Kane County FP.
BACKGROUND:
When the Aurora Outlet Mall was developed, they created large out lot wetland detention basins. These basins are considered part of Indian Creek watershed which ultimately outlets into the Fox River. These wetland detention basins accept the runoff from the City of Aurora ROW for Farnsworth Ave and Bilter Rd overland and through storm sewer. When the runoff is from the City ROW the City will maintain the storm sewer. While we have been maintaining the storm sewer we did not officially have the easements to do so. When the Outlet Mall transferred ownership to the Forest Preserve they did not grant the City easements over the existing storm sewer.
The Forest Preserve required an agreement in addition to the platted easement in order to grant these easements.
DISCUSSION:
This agreement which has already been approved and signed by the Forest Preserve is to formally ratify our existing responsibilities to maintain the storm sewer that is for the benefit of our ROW.
IMPACT STATEMENT:
This does not impact our existing costs or responsibilities as we were already maintaining the storm sewer that is covered by this agreement.
RECOMMENDATIONS:
Staff recommends adoption of the proposed resolution and signing of the attached agreement.
cc: Infrastructure and Technology
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
title
A Resolution to approve an agreement to maintain storm sewer between the City of Aurora and Kane County Forest Preserve.
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, the City desires to maintain storm sewer that is draining the City ROW, and
WHEREAS, Kane County Forest Preserve desires the City to maintain the storm sewer covered under the attached agreement, and
WHEREAS, This agreement was required in order for Kane County Forest Preserve to grant the City easements over the existing storm sewer currently draining our ROW.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aurora, Illinois, as follows: The Mayor is hereby authorized to sign an easement agreement with Kane County Forest Preserve in order to ensure that the City's ROW continues to be maintained in the manner consistent with our standards.