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TO: Mayor Richard C. Irvin
FROM: Tracey M. Vacek, Senior Planner
DATE: February 9, 2023
SUBJECT:
An Ordinance Vacating Stormwater Control Easements and City Easements on the Property located at South of Wolf's Crossing and East of Eola Rd, in Will County, Aurora, Illinois 60503 (Pulte Home Company - 23-0107 / WH17/1-23.077 - VAC/E - TV - Ward 9)
PURPOSE:
The Petitioner, Pulte Home Company, is requesting the Vacation of a Stormwater Control Easement and City Easement for the property at South of Wolf's Crossing and East of Eola Road.
BACKGROUND:
This Subject Property is part of the Lincoln Prairie Planned Development. There have been several easements recorded on the properties, some of which have been within the recently platted subdivisions and some of which have been offsite dedications, as developments has occurred.
The Petitioner is requesting the vacation of certain stormwater control easements and city easements that either are not required anymore or are being modified and rededicated with the Plat of Subdivision for Lincoln Prairie by Del Webb, Phase 2.
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. These vacations will have no adverse effect upon the provision for utilities for which said easement was granted.
POLICIES AND GUIDELINES:
The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:
11.1(3) To encourage new development contiguous to existing development
RECOMMENDATIONS:
Staff would recommend CONDITIONAL APPROVAL of the Ordinance Vacating Stormwater Control Easements and City Easements on the Property located at South of Wolf's Crossing and East of Eola Rd with the following conditions:
1. That the Plat of Vacation be recorded simultaneously with the Plat of Subdivision for Lincoln Prairie by Del Webb, Phase 2.
ATTACHMENTS:
Exhibit "A" Plat of Vacation
Maps
Legistar Number: 23-0107
cc:
Alderman Michael B. Saville, Chairperson
Alderwoman Patty Smith, Vice Chairperson
Alderman Carl Franco
Alderman Sherman Jenkins
Alderman Ron Woerman
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Vacating Stormwater Control Easements and City Easements on the Property located at South of Wolf's Crossing and East of Eola Rd, in Will County, Aurora, Illinois
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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, 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.
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 with the following conditions:
1. That the Plat of Vacation be recorded simultaneously with the Plat of Subdivision for Lincoln Prairie by Del Webb, Phase 2.
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