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AN ORDINANCE APPROVING AN EASEMENT AGREEMENT
BETWEEN THE FOREST PRESERVE DISTRICT OF DUPAGE COUNTY
AND COUNTY OF DUPAGE FOR THE TRANSFER OF A PERMANENT,
NON-EXCLUSIVE EASEMENT FOR A SANITARY SEWER
CONNECTOR WITHIN DANADA FOREST PRESERVE
PURSUANT TO THE LOCAL GOVERNMENT PROPERTY TRANSFER ACT
resolution
WHEREAS, the DuPage County Forest Preserve District (“District”) and the County of DuPage (“County”) are municipalities as defined in Section 1(c) of the Local Government Property Transfer Act, 50 ILCS 605/1(c) (hereinafter the “Property Transfer Act”); and
WHEREAS, Section 2 of the Property Transfer Act authorizes transfers of real estate interests between municipalities for any public purpose upon such terms as are agreed to by the corporate authorities of the respective municipalities; and
WHEREAS, Article VII, Section 10 of the 1970 Constitution of the State of Illinois authorizes units of local government to contract among themselves to obtain or share services and to exercise, combine, or transfer any power or function, in any manner not prohibited by law or by ordinance; and
WHEREAS, the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq., provides additional powers to units of local government that work together; and
WHEREAS, the District currently owns certain property, commonly known as the Danada Forest Preserve, located at 3 S 501 Naperville Road, Wheaton, IL 60189, Parcel Identification No. 05-32-400-001 (hereinafter “Danada”); and
WHEREAS, the County seeks to obtain a permanent, non-exclusive easement (hereinafter the “EASEMENT”) for the construction of a sanitary sewer connector within the portion of the premises of Danada property legally described in Exhibit A, attached hereto and incorporated herein, and depicted in Exhibit B, attached hereto and incorporated herein; and
WHEREAS, the EASEMENT lies within the corporate limits of the District and County; and
WHEREAS, the DuPage County Board desires, has determined, and hereby declares that it is necessary and convenient, and in the best interests of the County and its residents, to accept, use, occupy, and improve the EASEMENT for public purposes; and
WHEREAS, the County and District have negotiated for the transfer of the EASEMENT to the County according to the terms and conditions of the “Easement Agreement between the Forest Preserve District of DuPage County and the County of DuPage for a Permanent, Non-Exclusive Easement for a Sanitary Sewer Connector within Danada Forest Preserve,” which is attached and incorporated herein by this reference as Exhibit C (hereinafter the “AGREEMENT”).
NOW, THEREFORE, BE IT ORDAINED by the DuPage County Board that the recitals set forth above are incorporated herein and made a part hereof; and
BE IT FURTHER ORDAINED that the COUNTY has determined, and hereby declares, that it is necessary and convenient, and in the best interests of the COUNTY and its residents, to use, occupy, and improve those portions of the EASEMENT legally described in Exhibit A, attached hereto and incorporated herein, and depicted in Exhibit B; and
BE IT FURTHER ORDAINED that the Chair of the DuPage County Board be and is hereby authorized to execute the AGREEMENT, attached hereto as Exhibit C; and
BE IT FURTHER ORDAINED that the Clerk is hereby directed to transmit two duplicate originals of this Ordinance and the AGREEMENT to the DISTRICT, by and through the Department of Stormwater Management.
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Enacted and approved this 9th day of September, 2025 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK