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TO: Mayor and City Council
FROM: Tracey M. Vacek, Senior Planner
DATE: May 14, 2025
SUBJECT:
An Ordinance Vacating a Portion of Dedicated Public Right of Way for High Street located north of E. Indian Trail in Kane County, Aurora, Illinois (City of Aurora - 25-0423 / AU10/4-25.118-Vac/ROW - TV - Ward 1)
PURPOSE:
The City of Aurora is requesting approval of a Plat of Vacation of Right of Way for High Street located north of E. Indian Trail in Kane County, Aurora, Illinois.
BACKGROUND:
In 2003, as part of an Annexation Agreement, the Aurora Turners Club dedicated right-of-way for a potential extension of High Street. This right-of-way extended from E. Indian Trail to the northern edge of their property and bisected the site. This dedication was made in anticipation of a future connection of High Street to Mitchell Road. However, this planned extension was never implemented. Due to recent development activity in unincorporated Kane County, this has led the City of Aurora to determined that the extension is no longer feasible or necessary.
The City of Aurora is therefore requesting to vacate a portion of the High Street right-of-way north of E. Indian Trail. Upon vacation, the land will be conveyed back to the Aurora Turners Club in accordance with standard regulations.
DISCUSSION:
Staff has reviewed the Plat of Vacation and meets the applicable codes and ordinances.
POLICIES AND GUIDELINES:
The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:
11.1 (5) To guide and promote development to areas where public utilities, public roads and municipal services are either available or planned.
11.1 (3) To encourage new development contiguous to existing development.
RECOMMENDATIONS:
Staff recommends CONDITIONAL APPROVAL of the Ordinance Vacating a Portion of Dedicated Public Right of Way for High Street located north of E. Indian Trail in Kane County, Aurora, Illinois.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Plat of Vacation
Location Map
Legistar Number: 25-0423
cc: Alderwoman Patty Smith, Chairperson
Alderwoman Shweta Baid, Vice Chairperson
Alderman Michael B. Saville
Alderman Carl Franco
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Vacating a Portion of Dedicated Public Right of Way for High Street located north of E. Indian Trail in Kane 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 shown on 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 granted and dedicated to the City of Aurora for the purposes of a public right-of-way; and
WHEREAS, the City Council of the City of Aurora has determined that the public interest will be served by a vacation of said public right-of-way as it is shown on said Exhibit “B”; and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That said City Council of the City of Aurora, Illinois finds as fact all of the preamble recitals of this ordinance.
Section Two: That part of the public right-of-way heretofore dedicated upon the territory shown on Exhibit “B” attached hereto and incorporated herein by reference as if fully set forth and hereafter referred to as said Exhibit “B” shall be, and is, hereby vacated.
Section Three: That this Ordinance and the vacating of said public right-of-way, shall become effective upon the passage, signage and publication hereof.
Section Four: That the City Clerk be and is hereby authorized and directed to cause this Ordinance and Plat of Vacation attached hereto as Exhibit “B” to be placed on record forthwith with the applicable County Recorder of Deeds.
Section Five: That this ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Six: That all ordinances or parts of ordinances thereof in conflict herewith are hereby repealed to the extent of any such conflict.
Section Seven: That any Section or provision of this ordinance that is construed to be invalid or void shall not affect the remaining Sections or provisions, which shall remain in full force and effect thereafter.