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AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN EASEMENT AGREEMENT
BETWEEN THE COUNTY OF DU PAGE, ILLINOIS AND
THE FOREST PRESERVE DISTRICT OF DU PAGE COUNTY
FOR STORMWATER COMPENSATORY STORAGE AND GRADING
WITHIN TIMBER RIDGE AND WINFIELD MOUNDS FOREST PRESERVES
(ESTIMATED COUNTY COST $251,432.00)
resolution
WHEREAS, the County of DuPage (hereinafter referred to as COUNTY) proposes to replace the Geneva Road bridge and construct a stormwater compensatory storage area within the Forest Preserve District of DuPage County’s (hereinafter referred to as DISTRICT) owned property, all within unincorporated Winfield Township (hereinafter referred to as PROJECT); and
WHEREAS, DISTRICT owns certain property commonly known as the Timber Ridge Forest Preserve, and the Winfield Mounds Forest Preserve (hereinafter “TIMBER RIDGE and WINFIELD MOUNDS”); and
WHEREAS, in order to accommodate the proposed improvements at Genva Road, it will be necessary for the COUNTY to construct and maintain certain drainage improvements within the TIMBER RIDGE and WINFIELD MOUNDS Forest Preserves; and
WHEREAS, the COUNTY and the DISTRICT have determined that it is necessary to enter into an Easement Agreement (hereinafter referred to as AGREEMENT) to provide for the installation and future maintenance of certain drainage improvements for the PROJECT within TIMBER RIDGE and WINFIELD MOUNDS Forest Preserves; and
WHEREAS, the COUNTY and the DISTRICT are municipalities as defined in Section 1 (c) of the Local Government Property Transfer Act 50 ILCS 605/1(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.
NOW, THEREFORE, BE IT ORDAINED by the County Board of DuPage County, Illinois:
1. The recitals set forth above are incorporated herein and made a part hereof.
2. The COUNTY hereby declares that “it is necessary or convenient for it to use, occupy or improve” property owned by the DISTRICT as referenced in the attached AGREEMENT.
3. The Chair is hereby authorized and directed to sign on behalf of the COUNTY, and the Clerk is hereby authorized to attest thereto, the AGREEMENT entitled “AN EASEMENT AGREEMENT BETWEEN THE COUNTY OF DU PAGE, ILLINOIS
AND THE FOREST PRESERVE DISTRICT OF DU PAGE COUNTY FOR STORMWATER COMPENSATORY STORAGE AND GRADING WITHIN TIMBER RIDGE AND WINFIELD MOUNDS FOREST PRESERVES”.
4. The Director of Transportation/County Engineer is hereby authorized to execute any and all documents necessary to effectuate this AGREEMENT.
5. The Division of Transportation is hereby authorized to take such action as may be necessary to carry out the terms of said AGREEMENT.
6. The Clerk is hereby directed to transmit a duplicate original of this authorizing Ordinance and AGREEMENT to the Forest Preserve District of DuPage County, by and through the Division of Transportation.
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Enacted and approved this 13th day of February, 2024 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK