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TO: Mayor Richard C. Irvin
FROM: Tracey M. Vacek, Senior Planner
DATE: October 22, 2018
SUBJECT:
An Ordinance providing for the Execution of an Easement Agreement between the City of Aurora and Midwest Generation, LLC for a sanitary sewer easement on the property located at 5S171 Eola Road being on the east side of the N. Eola Road, south of Illinois Prairie Path (City of Aurora / Midwest Generation, LLC - 18-0326 / NA08/1-18.072-DED/E - TV - Ward 10)
PURPOSE:
The City of Aurora and Midwest Generation, LLC are requesting approval of an Easement Agreement on the property located at 5S171 Eola Road to extend the sanitary sewer to the north side of Midwest Generation's property.
BACKGROUND:
The Subject Property is currently vacant land and is in unincorporated DuPage County. The sanitary sewer is currently located on the Metea Valley High School property, just south of the Midwest Generation's property. This easement will allow the sanitary sewer to be constructed to the north side of Midwest Generation's property so that the sewer can be extended further north for future development of the properties located at southeast corner of Eola Road and Diehl Road.
DISCUSSION:
Staff has reviewed the Easement Agreement petition and have determined that it meets the applicable codes and ordinances.
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 which will offset any incidental Department or staffing impacts, enhancing the city’s infrastructure and improving services to its residents.
RECOMMENDATIONS:
Staff would recommend APPROVAL of the Ordinance providing for the execution of an Easement Agreement between the City of Aurora and Midwest Generation, LLC for a sanitary sewer easement on the property located at 5S171 Eola Road being on the east side of the N. Eola Road, south of Illinois Prairie Path.
ATTACHMENTS:
Exhibit "A" Easement Agreement
cc: Alderman Saville, Chairman
Alderman Jenkins
Alderman Franco
Alderman Donnell, Alternate
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 Midwest Generation, LLC for a sanitary sewer easement on the property located at 5S171 Eola Road being on the east side of the N. Eola Road, south of Illinois Prairie Path (City of Aurora / Midwest Generation, LLC - 18-0326 / NA08/1-18.072-DED/E - TV - Ward 10)
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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, Midwest Generation, LLC is the owner of 5S171 Eola Road being the east side of N. Eola Road, south of Illinois Prairie Path and has agreed to grant a sanitary sewer easement to allow for the extension of the sanitary sewer to the north side of their 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 Easement Agreement with Midwest Generation, LLC, attached hereto as Exhibit “A” and made part hereof is be approved, the necessary signatures are hereby authorized, and the dedication of the sanitary sewer easement as description in Exhibit "A" attached hereto and made a part hereof is hereby received and accepted.