title
CONDEMNATION AUTHORIZATION FOR
RIGHT-OF-WAY ACQUISITION FOR
CH 9/LEMONT ROAD (83RD STREET TO 87TH STREET)
SECTION 16-00232-00-CH
resolution
WHEREAS, the County of DuPage has previously authorized the DuPage County Director of Transportation/County Engineer, or his designee, per DT-036-95 and amendments thereto, to negotiate and enter into contracts on behalf of the County with owners of real property for the acquisition of necessary property interests for projects; and
WHEREAS, the DuPage County Director of Transportation/County Engineer has previously notified the County Board of projects known to require land acquisition in the annual or multi-year improvement plan; and
WHEREAS, CH 9/Lemont Road from 83rd Street to 87th Street, Section 16-00232-00-CH, has been identified as a project that requires land acquisition (hereinafter “PROJECT”); and
WHEREAS, it has been determined that the following parcels are necessary for said PROJECT and as generally depicted on Exhibit A, B, and C attached hereto:
As Shown
Parcel # Owner PIN # On Exhibit _______________________________________________________________________________________
0005 (Fee Simple) Henry Harvey Frank Boeger and 10-06-200-027 A
Darlene Liane Boeger
0005TE (Temp Easement) Henry Harvey Frank Boeger and 10-06-200-027 B
Darlene Liane Boeger
0009PE (Perm Easement) Henry H. F. Boeger and Darlene L. Boeger 09-31-410-020 C
; and
WHEREAS, the DuPage County Division of Transportation (hereinafter “DOT”) has conducted traffic studies and has analyzed the accident experience, roadway capacity and pavement condition of CH 9/Lemont Road from 83rd Street to 87th Street, a portion of which is located in Sections 5, 6, 31 and 32 in Downers Grove North Township, County of DuPage, State of Illinois; and
WHEREAS, the DOT has determined that in order to provide for the safety of the motoring public and the free and unrestricted flow of public traffic, it is necessary to improve Lemont Road by adding turn lanes and through lanes and various appurtenances on Lemont Road from 83rd Street to 87th Street.
NOW, THEREFORE, BE IT RESOLVED, that it is hereby determined by the DuPage County Board that the public highway commonly referred to as Lemont Road and more specifically referred to as DuPage County Highway 9 (83rd Street to 87th Street), Section 16-00232-00-CH, be improved, laid out, established, constructed and maintained on the real property described as follows which Exhibits are attached hereto and incorporated herein and that said improved roadway be used, occupied, improved and developed for public highway purposes in a manner necessary for said use as a public highway:
As Shown
Parcel # Owner PIN # On Exhibit ______________________________________________________________________________________
0005 (Fee Simple) Henry Harvey Frank Boeger and 10-06-200-027 A
Darlene Liane Boeger
0005TE (Temp Easement) Henry Harvey Frank Boeger and 10-06-200-027 B
Darlene Liane Boeger
0009PE (Perm Easement) Henry H. F. Boeger and Darlene L. Boeger 09-31-410-020 C
; and
BE IT FURTHER RESOLVED, that it is hereby determined by the DuPage County Board that it is necessary for the County of DuPage to acquire the above-stated legal interests in the real property described in the preceding paragraph and that said real property is necessary for public highway purposes, and the real property described herein is located wholly within the corporate boundaries of the County of DuPage; and
BE IT FURTHER RESOLVED, that the County of DuPage, through the DuPage County Engineer, or his designee, has acted in good faith in negotiating with the owner of the real property for the necessary legal interests and possession of said real property legally described hereinabove and has been unable to reach an agreement; and
BE IT FURTHER RESOLVED, that the County Board hereby authorizes the above-described property to be acquired by the County of DuPage through condemnation and authorizes, empowers and directs the State’s Attorney of DuPage County to institute condemnation proceedings in a court of competent jurisdiction to acquire the necessary legal interests and possession of said real property in the name of the County of DuPage in accordance with 605 Illinois Compiled Statutes 5/5-801 and in accordance with the eminent domain laws of the State of Illinois; and
BE IT FURTHER RESOLVED that this Resolution shall take effect and be in full force from the date of its passage.
end
Enacted and approved this 9th day of January, 2024 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK