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File #: DT-O-0002-24    Version: 1
Type: Transportation Ordinance Status: Adopted
File created: 4/29/2024 In control: Transportation Committee
On agenda: 5/7/2024 Final action: 5/14/2024
Title: ORDINANCE DECLARING THE ASSIGNMENT OF EASEMENT FROM THE VILLAGE OF LISLE TO THE COUNTY OF DUPAGE NECESSARY AND CONVENIENT TO THE COUNTY OF DUPAGE FOR SIDEWALK IMPROVEMENTS ALONG COLLEGE ROAD SECTION 23-SDWLK-07-SW
title
ORDINANCE
DECLARING THE ASSIGNMENT OF EASEMENT
FROM THE VILLAGE OF LISLE TO THE COUNTY OF DUPAGE
NECESSARY AND CONVENIENT TO THE COUNTY OF DUPAGE
FOR SIDEWALK IMPROVEMENTS ALONG COLLEGE ROAD
SECTION 23-SDWLK-07-SW
resolution
WHEREAS, the County of DuPage (hereinafter referred to as COUNTY) proposes to construct sidewalk to fill in the sidewalk gap along College Road, Section No. 23-SDWLK-07-SW (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 a temporary easement through assignment by the Village of Lisle (hereinafter referred to as VILLAGE) for the PROJECT (See Exhibit A attached hereto); and

WHEREAS, the VILLAGE is empowered to assign its easement 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 a temporary easement, ...

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