Aurora, Illinois

File #: 16-00306    Version: Name: Spartan House / 1032 Prairie Street / Easement Agreement
Type: Ordinance Status: Passed
File created: 3/31/2016 In control: City Council
On agenda: 4/28/2016 Final action: 5/10/2016
Title: An Ordinance Providing for the Execution of an Easement Agreement between the City of Aurora and JTE Family Properties, LLC for the Hartford Avenue public right of way adjacent to 1032 Prairie Street
Attachments: 1. Exhibit A Easement Agreement, 2. Land Use Petition and Supporting Documents, 3. Property Research Sheet

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TO:                     Mayor Thomas J. Weisner

 

FROM:                     Alex Minnella, Planner

 

DATE:                     April 7, 2016

 

SUBJECT:

An Ordinance Providing for the Execution of an Easement Agreement between the City of Aurora and JTE Family Properties, LLC for the Hartford Avenue public right of way adjacent to 1032 Prairie Street (JTE Family Properties, LLC - 16-00306 / AU29/2-16.024-DED/E - AM - Ward 4)      

 

PURPOSE:

The Petitioner, JTE Family Properties, LLC, is requesting approval of an Easement Agreement for the Hartford Avenue public right of way adjacent to 1032 Prairie Street. The details of the proposal include Easement agreement for the installation, construction, maintenance and use of parking stalls within the right-of-way and for the benefit of 1032 Prairie Street.     

 

BACKGROUND:

The Subject Property is located at 1032 Prairie Street and is currently utilized as a restaurant use with B-1(S) Local Retail zoning, which is part of the Spartan House Special Use Planned Development. The property is located on Prairie Street west of Hartford Avenue. 

 

DISCUSSION:

The City Council, as part of the Spartan House Special Use Planned Development and Liquor License approval, a Final Plan for the Subject Property was approved on October 27, 2015 with Ordinance Number O2015-069.  The approved Final Plan included certain private improvements within the public right of way requiring that the Petitioner enter into an Easement Agreement for the installation, construction, maintenance of said improvements.   

 

IMPACT STATEMENT :

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.    

 

RECOMMENDATIONS:

Staff would recommend APPROVAL of the An Ordinance Providing for the Execution of an Easement Agreement between the City of Aurora and JTE Family Properties, LLC for the Hartford Avenue public right of way adjacent to 1032 Prairie Street.    

 

ATTACHMENTS:

Exhibit "A" Easement Agreement

Land Use Petition with Supporting Documents

Property Research Sheet

 

 

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 ________________

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An Ordinance Providing for the Execution of an Easement Agreement between the City of Aurora and JTE Family Properties, LLC for the Hartford Avenue public right of way adjacent to 1032 Prairie Street  

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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, JTE Family Properties LLC is the owner of 1032 Prairie St and has requested the City of Aurora to grant a non-exclusive easement over Hartford Av in order to install, construct,  maintain and use parking stalls over the right-of-way for the use of said property; and

 

WHEREAS, the City is requesting the owner enter into the Easement Agreement attached hereto as Exhibit "A" with respect to the City granting said easement, which the owner has agreed to do. 

 

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, that the City Council of the City of Aurora, Illinois, hereby approves the Easement Agreement attached hereto as Exhibit "A" with JTE Family Properties LLC, providing for the installation, construction, maintenance and use of parking stalls within the right-of-way and for the benefit of 1032 Prairie Street.