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TO: Mayor Richard C. Irvin
FROM: Stephen Broadwell, AICP, Planner
DATE: November 7, 2024
SUBJECT:
An Ordinance Vacating a Portion of Dedicated Public Right of Way for Middle Avenue, near the Property located at 600 South Lake Street, in Kane County, Aurora, Illinois, 60506 (Richards-Wilcox, Inc - 24-0872 / AU28/1-24.502 - VAC/ROW - SB - Ward 4)
PURPOSE:
The Petitioner, Richards-Wilcox is requesting approval of a portion of dedicated public right of way for Middle Avenue near their facility at 600 S Lake St, as well as two (2) existing alleys on the same zoning lot. The right of way width for this portion of Middle Ave is sixty-six (66) feet, while the alleys both have a right of way width of twenty (20) feet. The vacated right of way for Middle Ave and the alleys all dead-end into the adjacent BNSF railroad tracks. The total area of right of way being vacated is approximately thirty thousand (30,000) square feet.
The Petitioner currently utilizes the portions of the area surrounding the proposed vacated right of way for the facility’s parking lot. The right of way is requested to be vacated so the area may be returned to private property and then utilized for a solar panel array. The solar panel array complies with the applicable Zoning code requirements and is to be reviewed by the City of Aurora via a permitting process.
cc: Building, Zoning and Economic Development Committee:
Alderwoman Patricia Smith, Chairperson
Alderwoman Shweta Baid, Vice Chairperson
Alderman Michael B. Saville
Alderman William "Bill" Donnell
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 Middle Avenue, near the Property located at 600 South Lake Street, in Kane County, Aurora, Illinois, 60506
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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 RESOLVED that 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 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.