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TO: Mayor Thomas J. Weisner
FROM: Tracey M. Vacek, Planner
DATE: March 30, 2016
SUBJECT:
An Ordinance Vacating City Easements on Lot 5 for Unit 3 of Butterfield East Subdivision, in DuPage County, Aurora, Illinois (Duke Realty - L16-00246 / WI33/4-16.010-Fpn - TV - Ward 10)
PURPOSE:
The Petitioner, Duke Realty, is requesting the Vacation of city easements on the property at Lot 5 of Butterfield East, Unit 3.
BACKGROUND:
The Subject Property is Lot 5 of Butterfield East Subdivision, Unit 3 which is located east of Duke Parkway north of Ferry Road and is currently vacant. The property is part of the Butterfield East Planned Development and is zoned PDD Planned Development District.
In 2015, the Petitioner received Final Plat approval which contains city easements on this lot. The Petitioner is currently in the process of obtaining Final Plan approval on this site and needs to adjust certain existing city easements to correspond with the proposed location of the utilities. The Petitioner is therefore requesting a Plat of Vacation, and concurrently under separate action, a Plat of Easement.
DISCUSSION:
Staff has reviewed the Plat of Vacation petition and has 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.
POLICIES AND GUIDELINES :
The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:
11.0 To guide the growth of the City in an orderly and structured manner.
RECOMMENDATIONS:
Staff would recommend APPROVAL of the Ordinance Vacating City Easements on Lot 5 for Unit 3 of Butterfield East Subdivision, in DuPage County, Aurora, Illinois.
ATTACHMENTS:
Exhibit "A-1" Plat of Vacation
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar Number: L16-00246
cc: Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Vacating Certain City Easements on Lot 5 for Unit 3 of Butterfield East Subdivision, in DuPage County, Aurora, Illinois (Duke Realty - L16-00246 / WI33/4-16.010-Fpn - TV - Ward10)
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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, WHEREAS, certain easements legally described in Exhibit "A", attached hereto and incorporated herein as if fully set forth, were heretofore reserved and granted to the City of Aurora for purposes of installing utilities on the property; and
WHEREAS, the City Council of the City of Aurora has determined that vacating those easements shown in Exhibit "A" will have no adverse effect upon the provision for utilities for which said easement was granted.
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 those certain Easement areas heretofore reserved and granted to the City of Aurora, as shown on Exhibit "A" shall be, and are 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.