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TO: Mayor Thomas J. Weisner
FROM: Blanca Dominguez, Asst. Corp. Counsel
DATE: June 23, 2015
SUBJECT:
Easement Agreement between Burlington Northern Santa Fe and City of Aurora for area at or near McClure Road.
PURPOSE:
The Easement Purpose shall be to allow City of Aurora personnel access to repair, replacement, inspection, maintenance, use and operation of the existing permanent water main improvements and related appurtenances for the carrying of water located on, in and under the vacated portion of McClure Road, in accordance with the terms of this Easement Agreement.
BACKGROUND:
Pursuant to that certain Plat of Vacation dated February 17, 2009, passed by the Aurora City Council by City Ordinance No. 009-11 and recorded March 5, 2009, as Document No. 2009K016504 in the Recorder's Office of Kane County, Illinois, City vacated a portion of public right-of-way commonly known as McClure Road. Upon City's approval of the Plat of Vacation, ownership of the vacated portion of McClure Road passed as a matter of law to BNSF as the adjacent property owner.
DISCUSSION:
City owns existing permanent water main improvements and related appurtenances for the carrying of water situated in the present and former McClure Road right-of-way. A portion of the water main improvements are located on, in and under the vacated portion of McClure Road. The City has requested that BNSF grant to City a permanent easement over the vacated portion in order to continue to maintain said structures. BNSF has agreed to grant City such easement, subject to the terms and conditions set forth in the Easement Agreement
IMPACT STATEMENT:
The easement will grant the City of Aurora continued access to the water main located in the vacated portion of McClure so that it may provide any and all maintenance to said water main.
RECOMMENDATIONS:
I recommend that this be forwarded to the Planning and Development Committee for review and consideration at the meeting to be held on July 16, 2015.
cc: Alderman Saville, Chairman
Alderman Irvin
Alderman Donnell
Alderman Hart-Burns, Alternate
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
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A Resolution Authorizing the Mayor to Execute an Agreement with Burlington Northern Santa Fe Granting the City of Aurora a Permanent Easement over a Certain Vacated Portion of McClure 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, pursuant to that certain Plat of Vacation dated February 17, 2009, passed by the Aurora City Council by City Ordinance No. 009-11 and recorded March 5, 2009, as Document No. 2009K016504 in the Recorder's Office of Kane County, Illinois, City vacated a portion of public right-of-way commonly known as McClure Road, which ownership of the vacated portion of McClure Road passed as a matter of law to Burlington Northern Santa Fe ("BNSF") as the adjacent property owner; and
WHEREAS, the City of Aurora owns existing permanent water main improvements and related appurtenances for the carrying of water situated in the present and former McClure Road right-of-way, of which a portion of said water main improvements are located on, in and under the vacated portion of McClure Road; and
WHEREAS, the City of Aurora is requesting that BNSF grant the City of Aurora a permanent easement over the vacated portion of McClure Road so that it may continue to maintain said water main, which BNSF has agreed to do.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aurora, Illinois, as follows: Mayor is authorized to enter into the attached Easement Agreement with BNSF to allow the City a permanent easement over the vacated portion of McClure Road to access the City's water main. The Mayor is further authorized to execute the attached Easement Agreement as well as any other documents required to effectuate the permanent easement.