cover
TO: Mayor Thomas J. Weisner
FROM: Alex Minnella, Planner
DATE: June 10, 2016
SUBJECT:
An Ordinance Vacating a City Easement on the Property located at 2810 Duke Parkway in DuPage County, Aurora Illinois 60502 (Duke Realty Corporation - 16-00490 / WI33/3-15.178-DED/E - AM - Ward 10)
PURPOSE:
The Petitioner, Duke Realty Corporation, is Requesting the Vacation of a public utility easement for a portion of the property located within Lot 2A of Butterfield East Resubdivision of Lot 2 Subdivision, Unit 1. The details of the proposal include the vacation of existing easements with a subsequent dedication of easements over new utility locations.
BACKGROUND:
The Subject Property is located at 2810 Duke Parkway / west of Duke Parkway north of Ferry Road and is currently utilized as a Warehouse, Distribution and storage services use (3300) with PDD zoning, which is part of the Butterfield Planned Development District. The property is generally located west of Duke Parkway north of Ferry Road.
DISCUSSION:
Staff has reviewed the Vacation of Easement petition, submitted by the petitioner and have sent comments back to them on those submittals. The petitioner has made all the requested changes to these documents and they now meet all of the applicable codes and ordinances.
POLICIES AND GUIDELINES :
The Planning and Zoning Division would anticipate that this project will increase the City’s overall tax base and viability by facilitating investment and development which will offset any incidental Department or staffing impacts.
RECOMMENDATIONS:
Staff would recommend APPROVAL of the An Ordinance Vacating a City Easement on the Property located at 2810 Duke Parkway in DuPage County, Aurora Illinois 60502
ATTACHMENTS:
Exhibit “A” Plat of Vacation
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar Number: 16-00490
cc: Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, Alternate
Stephane Phifer, Planning Director
Bill Wiet, Chief Development Services Officer
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Vacating a City Easement on the Property located at 2810 Duke Parkway in DuPage County, Aurora Illinois 60502
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, 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. .