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APPROVING THE FIRST AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF DUPAGE, ILLINOIS AND THE ITASCA PARK DISTRICT, AND DECLARING THE TRANSFER OF REAL PROPERTY
FROM THE ITASCA PARK DISTRICT TO THE COUNTY OF DUPAGE TO BE NECESSARY, CONVENIENT, AND IN THE BEST INTERESTS OF
THE COUNTY OF DUPAGE
WHEREAS, the County of DuPage (hereinafter referred to as “COUNTY”) and the Itasca Park District (hereinafter referred to as “DISTRICT”) each currently own and possess several parcels of real property within their respective bounds; and
WHEREAS, the COUNTY and DISTRICT previously entered into an “Intergovernmental Agreement between the County of DuPage and the Itasca Park District Granting a Permanent, Non-Exclusive Easement to the Itasca Park District for the Rohlwing Road Multi-Use Path Project,” dated June 18, 2024 (hereinafter referred to as the “AGREEMENT”), wherein the COUNTY granted to the DISTRICT a perpetual, non-exclusive Easement (hereinafter “EASEMENT”) for purposes of building a multi-use path as part of the DISTRICT’s Rohlwing Road Multi-Use Path Project (hereinafter referred to as the “PROJECT”), and said EASEMENT was thereafter recorded as Document No. R2024-032121; and
WHEREAS, since the execution of the aforementioned AGREEMENT (COUNTY Resolution PW-R-0004-24]), the DISTRICT has completed construction of its PROJECT upon an area(s) of the COUNTY’s property, known as the Nordic Wastewater Treatment Plant, located at 649 Rohlwing Road, Itasca, Illinois 60143, Parcel Identification Number 03-18-100-002, located outside of the EASEMENT Premises; and
WHEREAS, the AGREEMENT and EASEMENT must now be amended to accurately encompass the final location of the DISTRICT’s completed PROJECT; and
WHEREAS, the attached First Amendment to the AGREEMENT (hereinafter referred to as the “FIRST AMENDMENT”) establishes Amended Easement Premises which accurately encompass the final location of the DISTRICT’s PROJECT; and
WHEREAS, the attached FIRST AMENDMENT and the Amended Easement Premises are agreeable to both the COUNTY and DISTRICT; and
WHEREAS, the DISTRICT is empowered to transfer real property to the COUNTY pursuant to the authority conferred by the Local Government Property Transfer Act, 50 ILCS 605/0.01 et seq. (hereinafter “TRANSFER ACT”); and
WHEREAS the COUNTY is empowered to transfer real property to the DISTRICT pursuant to the authority conferred by the Local Government Property Transfer Act, 50 ILCS 605/0.01 et seq. (hereinafter “TRANSFER ACT”); and
WHEREAS, the COUNTY and the DISTRICT are municipalities as defined in Section 1 (c) of the TRANSFER ACT; and
WHEREAS, Section 2 of the TRANSFER ACT authorizes the conveyance of real property from one municipality to another municipality upon two-thirds vote of the corporate authorities of the transferor municipality; and
WHEREAS, as a condition precedent to a conveyance under Section 2 of the TRANSFER ACT, the transferee, the COUNTY, must first declare by ordinance “that it is necessary or convenient for it to use, occupy or improve” the real estate held by the transferor municipality; and
WHEREAS, the DISTRICT has passed an Ordinance #259 declaring that that “…it is necessary and convenient, and in the best interests of the District and its residents, to use, occupy, and improve the Amended Easement Premises…” proposed to be granted by the COUNTY in the FIRST AMENDMENT to 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 Chair of the DuPage County Board be and is hereby authorized to execute the FIRST AMENDMENT to the AGREEMENT, attached hereto as Exhibit A; 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 recoup, use, occupy, and improve those portions of the EASEMENT recorded as Document No. R2024-032121, but which are not included in the Amended Easement Premises contemplated by the FIRST AMENDMENT to the AGREEMENT; and
BE IT FURTHER ORDAINED that the Clerk is hereby directed to transmit two duplicate originals of this Ordinance to the DISTRICT, by and through the Department(s) of Public Works and, or, the Stormwater Department.
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Enacted and approved this 9th day of September, 2025 at Wheaton, Illinois.
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DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK