title
EASEMENT AGREEMENT BETWEEN
THE FOREST PRESERVE DISTRICT OF DUPAGE COUNTY
AND THE COUNTY OF DUPAGE
FOR A STORMWATER SEWER WITHIN YORK/HIGH RIDGE FOREST PRESERVE
resolution
WHEREAS, the DISTRICT owns certain property commonly known as the York/High Ridge Forest Preserve (hereinafter "York/High Ridge"); and
WHEREAS, the COUNTY is in the design stage for the Luther High Ridge Flood Relief Stormwater Sewer Project to reduce stormwater ponding in Roosevelt Road within unincorporated York Township; and
WHEREAS, the COUNTY has requested to use a certain portion of York/High Ridge for the construction of a stormwater sewer (hereinafter "PROJECT"); and
WHEREAS, the COUNTY has requested that the DISTRICT grant a permanent easement for the proposed stormwater sewer improvements and a temporary easement for the work area and grading; and
WHEREAS, the DISTRICT and the COUNTY are municipalities as defined in Section 1(c) of the Local Government Property Transfer Act, 50 ILCS 605/1(c), hereinafter referred to as the "Transfer Act"; and
WHEREAS, Section 2 of the Transfer Act authorizes transfers of real estate, or interests therein, between municipalities for any public purpose upon such terms as are agreed to by the corporate authorities of the respective municipalities; and
WHEREAS, in accordance with Section 2 of the Transfer Act, the COUNTY, pursuant to a duly passed ordinance, has determined that it is necessary to be granted a permanent easement for the proposed stormwater sewer improvements and a temporary easement for work area and grading; and
NOW THEREFORE IT BE RESOLVED, the DISTRICT has determined that it is reasonable, necessary and in the public interest and welfare to grant the COUNTY a permanent easement for the Force Main, subject to the terms and conditions set forth herein.
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