title
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN
AGREEMENT BETWEEN THE FOREST PRESERVE DISTRICT
OF DU PAGE COUNTY AND THE COUNTY OF DU PAGE, ILLINOIS FOR
TEMPORARY AND PERMANENT EASEMENTS WITHIN THE
HAWK HOLLOW AND WEST BRANCH FOREST PRESERVES
(COUNTY COST $228,923.18)
resolution
WHEREAS, the County of DuPage (hereinafter referred to as COUNTY) is in the design stage of the Army Trail Road improvement project, Smith Road to Gerber Road, which includes replacement of the bridge over the West Branch DuPage River along with certain roadway improvements within the Army Trail Road right-of-way adjacent to and within Hawk Hollow Forest Preserve and West Branch Forest Preserve (hereinafter the “PROJECT”), all within Wayne Township; and
WHEREAS, the FOREST Preserve District (hereinafter referred to as DISTRICT) owns certain property commonly known as the Hawk Hollow Forest Preserve (hereinafter referred to as “Hawk Hollow”) and the West Branch Forest Preserve (hereinafter “West Branch”); and
WHEREAS, the COUNTY owns certain property commonly known as the Army Trail Road right-of-way; and
WHEREAS, in order to accommodate the proposed improvements, the COUNTY requests that the DISTRICT grant permanent easements for the PROJECT for construction and maintenance of, and access to, County owned drainage facilities, traffic signals, pedestrian and bicycle facilities, and appurtenances, as well as utility improvements and grant temporary easements for the PROJECT to conduct grading, all within Hawk Hollow and West Branch for the PROJECT; and
WHEREAS, the COUNTY and the DISTRICT are municipalities as defined in Section 1 (c) of the Local Government Property Transfer Act 50 ILCS 605/l(c) (hereinafter referred to as 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 (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 (DISTRICT); and
WHEREAS, the parties are authorized to enter into the attached AGREEMENT pursuant to the authority granted in Article VII, Section 10 of the Illinois Constitution of 1970 and the TRANSFER ACT; and
WHEREAS, the DISTRICT has determined that it is reasonable, necessary and in the public interest and welfare to grant the COUNTY permanent easements and temporary easements subject to the terms and conditions set forth herein.
NOW, THEREFORE, BE IT RESOLVED, in accordance with Section 2 of the TRANSFER ACT, pursuant to this Ordinance, the County Board has determined that it is necessary and convenient for the COUNTY to be granted permanent easements for construction and maintenance of, and access to, COUNTY owned drainage facilities, traffic signals, pedestrian and bicycle facilities, and appurtenances, within Hawk Hollow and West Branch and to be granted temporary easements within Hawk Hollow and West Branch to conduct grading all related to the Army Trail Road Bridge Replacement Project; and
BE IT FURTHER RESOLVED that the Chair of the DuPage County Board is hereby authorized and directed to execute the attached Easement Agreement with the DISTRICT on behalf of the COUNTY, and the DuPage County Clerk is hereby authorized to attest thereto; and
BE IT FURTHER RESOLVED that two (2) duplicate original copies of this Ordinance and Easement Agreement be sent to the DISTRICT, by and through the Division of Transportation.
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Enacted and approved this 25th day of August, 2026 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK