cover
TO: Mayor Richard C. Irvin
FROM: Tracey M. Vacek, Senior Planner
DATE: June 7, 2017
SUBJECT:
An Ordinance Vacating a Blanket Utility Easement on Lot 46 of Tanglewood Oaks Subdivision (K. Hovnanian Homes - 17-00518 / SG13/3-16.226-VAC/E/DED/E - TV - Ward 5)
PURPOSE:
The Petitioner, K. Hovnanian Homes, is requesting approval of a Plat of Vacation of a blanket utility easement on Lot 46 of Tanglewood Oaks Subdivision.
BACKGROUND:
The Subject Property is located at Lot 46 of Tanglewood Oaks Subdivision and is owned Tanglewood Oaks Homeowner's Association. The property is zoned E(S) Estate Single Family Detached Dwelling zoning, which is part of the Tanglewood Oaks Special Use Planned Development.
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.
DISCUSSION:
Staff has reviewed the Plat of Vacation petition and have sent comments back to the petitioner on those submittals. The petitioner has made the requested revisions to these documents and they now meet the applicable codes and ordinances
IMPACT STATEMENT :
The Planning and Zoning Division anticipates that this will not have a negative impact to the surrounding area.
RECOMMENDATIONS:
Staff would recommend APPROVAL of the Ordinance Vacating a Blanket Utility Easement on Lot 46 of Tanglewood Oaks Subdivision.
ATTACHMENTS:
EXHIBITS:
Exhibit "A" Plat of Vacation
Property Research Sheet
Legistar Number: 17-00518
cc: Alderman Saville, Chairman
Alderman Jenkins
Alderman Franco
Alderman Donnell, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Vacating a Blanket Utility Easement on Lot 46 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, WHEREAS, the territory legally described in Exhibit "A", both hereto attached and incorporated herein by reference as if fully set forth and hereinafter referred to as said Exhibit "A" was heretofore reserved and granted to the City of Aurora for purposes of installing utilities; and
WHEREAS, the City Council of the City of Aurora has determined that said vacation described in Exhibit "A" will have no adverse effect upon the provision for utilities for which said easement was granted; and.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That the City Council of the City of Aurora, Illinois finds as fact all of the preamble recitals of this Ordinance.
Section Two: That this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Three: That all Ordinances or part of Ordinances in conflict herewith are hereby repealed insofar as any conflict exists.
Section Four: That any section, phrase or paragraph of this Ordinance that is construed to be invalid, void or unconstitutional shall not affect the remaining sections, phrases or paragraphs of this Ordinance which shall remain in full force and effect.
Section Five: That part of the easement heretofore reserved and granted to the City of Aurora and shown on Exhibit "A" attached hereto and incorporated herein by reference as if fully set forth and hereafter referred to as said Exhibit "A" shall be, and is, hereby vacated.
Section Six: That the City Clerk be and is hereby authorized and directed to cause this Ordinance and the Plat of Vacation hereby designated as Exhibit "A", to be placed on record forthwith with the applicable County Recorder of Deeds.