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File #: DT-R-0075-23    Version: 1
Type: Transportation Resolution Status: Adopted
File created: 6/23/2023 In control: Transportation Committee
On agenda: 7/11/2023 Final action: 7/18/2023
Title: CONDEMNATION AUTHORIZATION FOR RIGHT-OF-WAY ACQUISITION FOR CH 3/WARRENVILLE ROAD OVER EAST BRANCH DU PAGE RIVER SECTION 14-00124-04-BR
Attachments: 1. Exhibit A - Parcel 002, 2. Exhibit B - Parcel 0002 TE-A, 3. Exhibit B - Parcel 0002 TE-B

title

CONDEMNATION AUTHORIZATION FOR
RIGHT-OF-WAY ACQUISITION FOR
CH 3/WARRENVILLE ROAD OVER EAST BRANCH DU PAGE RIVER
SECTION 14-00124-04-BR

 

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 and five-year capital plan as part of the budget process; and

 

WHEREAS, CH 3/Warrenville Road over East Branch DuPage River, Section 14-00124-04-BR, 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 are generally depicted on Exhibit A and B attached hereto:

                                                                                                                                                   As Shown

Parcel #                                          Owner                                                               PIN #                                          On Exhibit _______________________________________________________________________________________

0002 (Fee Simple)                                          Kathleen M. Ballein                                   08-03-103-059                                            A

0002TE-A&B (Temp Easement)                     Kathleen M. Ballein                                   08-03-103-059                                            B

 

; 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 replace the Warrenville Road Bridge over the East Branch DuPage River due to its condition and imposes restricted weight limits.

 

NOW, THEREFORE, BE IT RESOLVED, that it is hereby determined by the DuPage County Board that the public highway commonly referred to as Warrenville Road and more specifically referred to as DuPage County Highway 3 (over East Branch of DuPage River), Section 14-00124-04-BR, 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 _______________________________________________________________________________________

0002 (Fee Simple)                                   Kathleen M. Ballein                                                    08-03-103-059                                            A

0002TE-A&B (Temp Easement)                     Kathleen M. Ballein                                   08-03-103-059                                            B

 

; 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 Director of Transportation/County Engineer, or his designee, has acted in good faith in negotiating with the owners of the real properties for the necessary legal interests and possession of said real properties 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 properties 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 properties 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 18th day of July, 2023 at Wheaton, Illinois.

 

________________________________

DEBORAH A. CONROY, CHAIR

DU PAGE COUNTY BOARD

 

 

Attest: ___________________________________

JEAN KACZMAREK, COUNTY CLERK