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TO: Mayor Richard C. Irvin
FROM: Stephen Broadwell, Planner
DATE: July 5, 2023
SUBJECT:
A Resolution Accepting the Dedication of an Easement located at 2620 White Barn Road, being Lot 3 of Butterfield Subdivision, Phase One, Unit 4 (City of Aurora - Legistar 23-0524 / NA06/2-23.338-DED/E - SB - Ward 10)
PURPOSE:
The Engineering Division is requesting approval of a five (5) foot wide City Stormwater Control Easement in the southwest corner of this single-family residential property. The property is adjacent to Butterfield Park on the north. The easement is intended to be help with park maintenance. There is an existing five (5) foot Utility and Drainage Easement on the Subject Property, and which is contiguous to this proposed easement.
cc: City Council
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
title
A Resolution Accepting the Dedication of an Easement located at 2620 White Barn Road, being Lot 3 of Butterfield Subdivision, Phase One, Unit 4
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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, NESTROY, MICHAEL R & KALINOSKI, SAMANTHA, 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
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 accepts the grant of easement(s) described on Exhibit “A” Plat of Easement attached hereto; and further
BE IT RESOLVED, that the City's acceptance of the aforementioned easement does not relieve the grantor of any obligation to construct or install any improvement required by law or ordinance upon the easement(s) or the property encumbered by said easement(s).