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TO: Mayor Richard C. Irvin
FROM: Stephen Broadwell, Planner
DATE: November 7, 2023
SUBJECT:
A Resolution Accepting the Dedication of an Easement located at the Intersection of McCoy Drive and Cheshire Drive, being Lot 224 and Lot 225 of Fox Valley East, Region II, Unit No. 30 Oakhurst, and Lot 151 and Lot 152 of Fox Valley East, Region II, Unit No. 33A Oakhurst (Oakhurst Community Association - Legistar 23-0889 / NA30/1-23.461-DED/E - SB - WARD 8)
PURPOSE:
The Engineering Department is requesting approval of City Easements on the four lots at the intersection of McCoy Dr and Cheshire Dr, which are all owned by the Oakhurst Community Association. In order to build sidewalks, install ADA ramps, and traffic signals on these properties, the Petitioner is dedicating ten (10) foot wide City Easements on Lot 152 and Lot 225, and triangular fifteen (15) foot wide City Easements in the corners of Lot 151 and Lot 224.
cc: City Council
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
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A Resolution Accepting the Dedication of an Easement located at the Intersection of McCoy Drive and Cheshire Drive, being Lot 224 and Lot 225 of Fox Valley East, Region II, Unit No. 30 Oakhurst, and Lot 151 and Lot 152 of Fox Valley East, Region II, Unit No. 33A Oakhurst.
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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, OAKHURST COMMUNITY ASSN OAKHURST HOA, 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).