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Resolution SM-R-0004-24
ACCEPTANCE OF FAWELL DAM SADDLE DIKE LICENSE AGREEMENTS
resolution
WHEREAS, the County of DuPage, acting pursuant to authority granted by the Illinois General Assembly in Illinois Compiled Statutes, 55 ILCS 5/5-1062.3 and 5/5-15001, et seq., owns, maintains and operates a flood control and stormwater management facility across the West Branch DuPage River commonly known as Fawell Dam; and
WHEREAS, the Fawell Dam facility includes a Saddle Dike, a five thousand foot (5000') long earthen embankment running northward from Fawell Dam with residential subdivisions adjacent to the Saddle Dike on the east and McDowell Grove Forest Preserve along the west; and
WHEREAS the DuPage County Board previously granted, and subsequently renewed and extended, License Agreements to several persons owning property adjacent to the Saddle Dike in accordance with Resolution SM-R-0398-19; and
WHEREAS, the Fawell Dam Saddle Dike License Agreements have lapsed or are about to lapse; and
WHEREAS, the circumstances that previously merited granting and renewing said Fawell Dam Saddle Dike License Agreements continue to exist and merit the County's renewal and extension of said licenses for an additional five (5)-year term; and
WHEREAS, the Stormwater Management Committee recommends approval of the attached License Agreement form, (Exhibit A), which License Agreement is consistent with the previous License Agreements granted certain persons owning property adjacent to the Saddle Dike and granting same individually to the properties listed on Exhibit B.
NOW, THEREFORE, BE IT RESOLVED by the DuPage County Board that the License Agreement, attached hereto as Exhibit A, be granted to the persons listed on Exhibit B, also attached hereto, and the Director of Stormwater Management is hereby authorized and directed to execute such License Agreements on behalf of the County of DuPage; and
BE IT FURTHER RESOLVED that the County Clerk is hereby directed to transmit copies of this Resolution and the executed License Agreements to: DuPage County Stormwater Management, 421 N. County Farm Road, Wheaton, IL 60187; Nicholas V. Alfonso, DuPage County State's Attorney’s Office, 503 N. County Farm Road, Wheaton, IL 60187.
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Enacted and approved this 10th of September, 2024 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK