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TO: Mayor Richard C. Irvin
FROM: Steve Broadwell, Planner
DATE: April 6, 2022
SUBJECT:
An Ordinance Vacating a Stormwater Control Easement for the Property Located at 2800 Diehl Road, in DuPage County, Aurora, Illinois, 60502 (Logistics Property Company - 22-0245 / NA05/3-22.079-VAC - SB - Ward 10)
PURPOSE:
The Petitioner, Logistics Property Company, is requesting the vacation of a Stormwater Control Easement for the property located at 2800 Diehl Road, which includes the vacation of an approximately fourteen hundred (1,400) square foot Stormwater Control easement on the Subject Property.
BACKGROUND:
The Subject Property is currently zoned ORI, Office, Research, Light Industry. The Subject Property is a currently vacant lot that is approximately twenty-two (22) acres. PDFNL21-025 was approved on December 15, 2021 for an approximately three hundred, ninety-three thousand (393,000) square foot building for an office and warehouse use.
DISCUSSION:
Staff has reviewed the Vacation petition and have sent comments back to the Petitioner on those submittals. The Petitioner has made the requested revisions to these documents and they now meet the applicable codes and ordinances.
The Vacation of this Stormwater Control Easement is part of the Petitioner’s ongoing efforts to develop the Subject Property for an office and warehouse.
POLICIES AND GUIDELINES:
The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:
13.1 (5): To develop major retail, office, and industrial uses that rely on efficient access to
expressways in the vicinity of expressway interchanges.
41.1 (2): To promote a balance of industries within the City.
41.1 (3): To encourage the location of industrial, office, and office-research development
near transportation facilities designed to provide adequate and efficient linkages
to sources of labor, production materials, and markets.
RECOMMENDATIONS:
Staff would recommend APPROVAL of the ordinance vacating a Stormwater Control Easement for the property located at 2800 Diehl Road, in Dupage County, Aurora, Illinois, 60502.
ATTACHMENTS:
Exhibit "A" Plat of Vacation
Land Use Petition and Supporting Documents
Property Maps
cc: Building, Zoning and Economic Development Committee:
Alderman Michael B. Saville, Chairperson
Alderwoman Patty Smith, Vice Chairperson
Alderman Carl Franco
Alderman Sherman Jenkins
Alderman Ron Woerman
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Vacating a Stormwater Control Easement for the Property Located at 2800 Diehl Road, in DuPage County, Aurora, Illinois, 60502.
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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 legally described in 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 reserved and granted to the City of Aurora for purposes of installing utilities; and
WHEREAS, the City Council of the City of Aurora has determined that said vacation described in Exhibit “A” will have no adverse effect upon the provision for utilities for which said easement was granted; and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That the City Council of the City of Aurora, Illinois finds as fact all of the preamble recitals of this Ordinance.
Section Two: That this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Three: That all Ordinances or part of Ordinances in conflict herewith are hereby repealed insofar as any conflict exists.
Section Four: That any section, phrase or paragraph of this Ordinance that is construed to be invalid, void or unconstitutional shall not affect the remaining sections, phrases or paragraphs of this Ordinance which shall remain in full force and effect.
Section Five: That part of the easement heretofore reserved and granted to the City of Aurora and shown on Exhibit “A” attached hereto and incorporated herein by reference as if fully set forth and hereafter referred to as said Exhibit “A” shall be, and is, hereby vacated.
Section Six: That the City Clerk be and is hereby authorized and directed to cause this Ordinance and the Plat of Vacation hereby designated as Exhibit “A”, to be placed on record forthwith with the applicable County Recorder of Deeds.