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TO: Mayor Thomas J. Weisner
FROM: Blanca Dominguez, Asst. Corp. Counsel
DATE: June 23, 2015
SUBJECT:
Easement Agreement between Burlington Northern Santa Fe and City of Aurora for area at or near McClure Road.
PURPOSE:
The Easement Purpose shall be to allow City of Aurora personnel access to repair, replacement, inspection, maintenance, use and operation of the existing permanent water main improvements and related appurtenances for the carrying of water located on, in and under the vacated portion of McClure Road, in accordance with the terms of this Easement Agreement.
BACKGROUND:
Pursuant to that certain Plat of Vacation dated February 17, 2009, passed by the Aurora City Council by City Ordinance No. 009-11 and recorded March 5, 2009, as Document No. 2009K016504 in the Recorder's Office of Kane County, Illinois, City vacated a portion of public right-of-way commonly known as McClure Road. Upon City's approval of the Plat of Vacation, ownership of the vacated portion of McClure Road passed as a matter of law to BNSF as the adjacent property owner.
DISCUSSION:
City owns existing permanent water main improvements and related appurtenances for the carrying of water situated in the present and former McClure Road right-of-way. A portion of the water main improvements are located on, in and under the vacated portion of McClure Road. The City has requested that BNSF grant to City a permanent easement over the vacated portion in order to continue to maintain said structures. BNSF has agreed to grant City such easement, subject to the terms and conditions set forth in the Easement Agreement
IMPACT STATEMENT:
The easement will grant the City of Aurora continued access to the water main located in the vacated portion of McClure so that it may provide any and all maintenance to said water main.
RECOMMENDATIONS:
I recommend that this be forwarded to the Planning and Development Committee for review and consideration at the meeti...
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