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TO: Mayor John Laesch and City Council
FROM: Tim Weidner, P.E., Engineering Coordinator
DATE: December 11, 2025
SUBJECT:
A Resolution authorizing the execution of real estate contracts to purchase property in the amount of $11,000.00 and appropriating MFT Funds for the Edgelawn BNSF Bike Path Crossing Project.
PURPOSE:
To authorize the purchase of right-of-way for the Edgelawn BNSF Bike Path Crossing Project and to appropriate MFT Funds as required by the Illinois Highway Code for Motor Fuel Tax (MFT) Section 20-00335-00-FL.
BACKGROUND:
This project received Local Rail-Highway Crossing Safety Program federal funds, 90% federal funding up to $631,682.
The project limit span is from the commercial driveway (south of the BNSF tracks) to the Virgil Gilman Trail (north of the BNSF tracks). The proposed improvements include constructing an 8' asphalt bike path on the east side of Edgelawn Drive, through the BNSF tracks. The bike path will connect to the Virgil Gilman Trial to the north and paved shoulder to the south at the commercial driveway using off and on-street bike path, pavement marking and signage. Other improvements include railroad track crossing material and railroad gate/flasher infrastructure and circuitry.
The City has recently submitted 99% Final Plans to IDOT for the construction of a bike and pedestrian crossing at the BNSF Railroad at Edgelawn Drive. As part of this project, the City must acquire a permanent easement from the BNSF Railroad to construct this bike path crossing within their right-of-way.
DISCUSSION:
This resolution will provide authorization to proceed with the acquisition of permanent easement from the BNSF Railroad. The Corporation Counsel, City Engineer and respective designees shall represent the City in the acquisition of these parcels.
The City has received acceptance on the parcels required for this project. The total amount of this settlement is $8,500.00 for the easement, plus a $2,500.00 administrative fee, for a total of $11,000.00 which will be paid for out of MFT Funds. Details of the easement and administrative fee are included in the Grade Crossing Construction and Maintenance Agreement with BNSF, which is being considered by City Council as a separate legislative action. The plat of highway is included as Exhibit 'B'.
IDOT requires a Resolution to Appropriate the MFT Funds prior to their expenditure for approved projects. The Resolution for Improvement - BLR 09110 (Exhibit ‘A’) appropriating MFT Funds in the amount of $11,000.00 is attached.
The 2025 City budget provides the funds through the following account:
GB136 Edgelawn Dr at BNSF RR 203-4060-431.79-99 $11,000.00
IMPACT STATEMENT:
The project will provide alternate mode of transport for commuters and encourages recreational use of the amenity.
RECOMMENDATIONS:
Please forward this to Finance Committee for approval.
cc: Finance Committee
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
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A Resolution authorizing the execution of real estate contracts to purchase property in the amount of $11,000.00 and appropriating MFT Funds for the Edgelawn BNSF Bike Path Crossing Project.
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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 City seeks to construct a bike path crossing of the BNSF Railroad along Edgelawn Dr. The project has a State Job Number: C-91-095-21, Federal Project Number: UNJA(541) and MFT Section Number: 20-00335-00-FL; and
WHEREAS, the City of Aurora through the Public Works Department has identified the parcels that will need to be acquired for the Project; and
WHEREAS, the City has obtained an appraisal for these identified parcels to be acquired; and
WHEREAS, an offer to purchase has been made to the single owner of the parcels in a total amount of $8,500.00, plus an administrative fee of $2,500.00 (for a total of $11,000.00); and
WHEREAS, in order to acquire said parcels and negotiate and enter into contract with the owner thereof, the City Council deems that it is in the best of the City that the City acquire said parcels pursuant to the terms of this Resolution; and
WHEREAS, there is a need to appropriate MFT Funds in the amount of $11,000.00, a copy of which resolution is attached hereto and incorporated herein as Exhibit 'A'; and
WHEREAS, the 2025 City Budget provides for sufficient funds in Account 203-4060-431.79-99 (GB136, Edgelawn Dr @ BNSF RR (Gilman Tr)).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aurora, Illinois, as follows: the City Engineer and their respective designees are hereby authorized and directed to make the appropriate offer to acquire property described in Exhibit 'B' Plat of Highways, which exhibit is make a part hereof; and further
BE IT RESOLVED, that the Corporation Counsel, the City Engineer and their respective designees shall represent the City in the acquisition of the parcels required for the Project and that they may enter into contract and acquire said parcels in an amount not to exceed $11,000.00; and further.
BE IT RESOLVED that the Corporation Counsel, the City Engineer and their respective designees may act for and on behalf of the City of Aurora to do all things necessary to acquire said parcels within the cost as provided herein; and further
BE IT RESOLVED, that eleven thousand dollars ($11,000.00) of available MFT Funds, Motor Fuel Tax Section Number 20-00335-00-FL shall be and hereby is appropriated for the purposes set forth in this resolution; and further
BE IT RESOLVED, that the Mayor and the Clerk respectively, shall be and hereby are directed to execute all the aforementioned documents on behalf of the City and any other documents required to carry the purposes of this resolution into execution, including, but not limited to the document entitled “Resolution for Improvement Under the Illinois Highway Code, Form (BLR 09110)” attached to this Resolution as Exhibit 'A.