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ORDINANCE
DECLARING THE ASSIGNMENT OF EASEMENTS
FROM THE VILLAGE OF LISLE TO THE COUNTY OF DUPAGE
NECESSARY AND CONVENIENT TO THE COUNTY OF DUPAGE
FOR IMPROVEMENTS ALONG CH 3/WARRENVILLE ROAD
OVER EAST BRANCH DU PAGE RIVER BRIDGE
SECTION 14-00124-04-BR
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WHEREAS, the County of DuPage (hereinafter referred to as COUNTY) proposes to improve CH 3/Warrenville Road over the East Branch of DuPage River by removing and replacing the existing bridge, Section No. 14-00124-04-BR (hereinafter referred to as PROJECT); and
WHEREAS, the COUNTY hereby determines that it is reasonable, necessary and in the best interest of the COUNTY to acquire two temporary easements and one permanent easement through assignments by the Village of Lisle (hereinafter referred to as VILLAGE) for the PROJECT (See Exhibit A and Exhibit B attached hereto); and
WHEREAS, the VILLAGE is empowered to assign its easements to the COUNTY upon a two-thirds vote of the VILLAGE’S Board 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 VILLAGE 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
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 hereby declares that “it is necessary or convenient for it to use, occupy or improve” property, specifically the assignment of two temporary easements and one permanent easement, owned by the VILLAGE for the above-referenced PROJECT; and
BE IT FURTHER ORDAINED that the Clerk is hereby directed to transmit two duplicate originals of this Ordinance to the Village of Lisle, by and through the Division of Transportation.
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Enacted and approved this 24th day of October, 2023 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK