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INTERGOVERNMENTAL AGREEMENT BETWEEN COUNTY OF DUPAGE, ILLINOIS AND THE ITASCA PARK DISTRICT GRANTING A PERMANENT NON-EXCLUSIVE EASEMENT FOR THE ROHLWING ROAD MULTI-USE PATH PROJECTresolution
WHEREAS, the DISTRICT and the COUNTY are public agencies within the meaning of the Illinois “Intergovernmental Cooperation Act” and as authorized by Article 7, Section 10 of the Constitution of the State of Illinois; and
WHEREAS, the purposes of the “Intergovernmental Cooperation Act” and Article 7 of the Constitution of the State of Illinois include fostering cooperation among government bodies; and
WHEREAS, the Illinois General Assembly has authorized the COUNTY to operate a system of waterworks and sanitary sewers, and to regulate the use and operation thereof, pursuant to 55 ILCS 5/5-15001, et seq.; and
WHEREAS, the DISTRICT and COUNTY are municipalities as defined in Section 1(c) of the Local Government Property Transfer Act, 50 ILCS 605/1(c), hereinafter referred to as the “Transfer Act”; and
WHEREAS, Section 2 of the Transfer Act authorizes transfers of real estate, or interests therein, between municipalities for any public purpose upon such terms as are agreed to by the corporate authorities of the respective municipalities; and
WHEREAS, the COUNTY currently owns and operates a property known as the Nordic Wastewater Treatment Plant located at 649 Rohlwing Road, Itasca, Illinois 60143, Parcel Identification Number 03-18-100-002; and
WHEREAS, in accordance with Section 2 of the Transfer Act, the DISTRICT, pursuant to a duly passed ordinance, has determined that it is necessary to be granted a permanent non-exclusive easement for the construction of the Multi Use Path within the portion of the premises of the Nordic Wastewater Treatment Plant property legally described in Exhibit A, attached hereto and incorporated herein, and depicted in Exhibit B, attached hereto and incorporated herein (hereinafter referred to as “Easement Premises”); and
WHEREAS, the COUNTY and the DISTRICT have determined that a multi-use path (“path”) may be constructed upon the Easement Premises, so long as the construction of the path (hereinafter “PROJECT”) is wholly organized and paid for by the DISTRICT, and subject to the terms of this Agreement.
NOW, THEREFORE, BE IT RESOLVED by the DuPage County Board that the attached Intergovernmental Agreement between the COUNTY and VILLAGE is hereby accepted and approved and that the Chairman of the DuPage County Board is hereby authorized and directed to execute the Intergovernmental Agreement on behalf of the County.
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Enacted and approved this 25th day of June, 2024 at Wheaton, Illinois.
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DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK