Title
Joint resolution appropriating $7,500,000 of Motor Fuel Tax funds for the acquisition of necessary right-of-way, by agreement or condemnation, and other right-of-way costs associated with the improvement of Deerfield Road, from Illinois Route 21 (Milwaukee Avenue) to Saunders Road.
Staff Summary
• Deerfield Road, from Illinois Route 21 (Milwaukee Avenue) to Saunders Road, needs to be improved, inclusive of non-motorized improvements.
• Preliminary plans and right-of-way plats identifying the right-of-way needs for the improvement have been prepared and approved by the Illinois Department of Transportation.
• This project is included in the Transportation Improvement Program, and designated as Section 15-00038-07-WR.
Body
RESOLUTION
WHEREAS, Deerfield Road, County Highway 11, from Illinois Route 21 (Milwaukee Avenue) to Saunders Road, is a designated route on the County highway system; and
WHEREAS, Lake County believes it would be beneficial for the safety and welfare of the traveling public if Deerfield Road, from Illinois Route 21 (Milwaukee Avenue) to Saunders Road, could be improved, inclusive of non-motorized improvements; and
WHEREAS, Lake County, by and through its Division of Transportation, has caused to be prepared preliminary plans and right-of-way plats identifying right-of-way needs for the improvement; and
WHEREAS, property appraisals have been prepared and associated right-of-way costs have been estimated; and
WHEREAS, an appropriation of funds is required.
NOW, THEREFORE, BE IT RESOLVED, by this Lake County Board:
SECTION 1: It is hereby determined that it is necessary, and desirable, that Lake County acquire title to, and possession of, all of the real property within the proposed new right-of-way lines, and any reasonable modifications to the right-of-way lines along Deerfield Road, from Illinois Route 21 (Milwaukee Avenue) to Saunders Road, together with construction and other easements, both temporary and permanent, and any reasonable modifications to the proposed easements, for the improvement of said highways, all as outlined in plats of highways made under the direction of Shane E. Schneider, County Engineer of Lake County, Illinois, copies of which are filed in the office of the Lake County Engineer, which said real property and easements are necessary, required, and needed for the improvement of said highways.
SECTION 2: That the Lake County Division of Transportation, or its agents on behalf of Lake County be, and they are hereby authorized, empowered and directed to negotiate with, and purchase from, the owner or owners of all the real property determined to be necessary under this resolution and described in the said plats of highways.
SECTION 3: In the event that said Lake County Division of Transportation is unable to agree with the owner or owners of said real property upon the compensation to be paid therefore, then title to, and possession of, said real property described in Section 1 of this resolution shall be acquired by condemnation by Lake County. The State’s Attorney of Lake County is hereby authorized, empowered and directed to institute proceedings in any court of competent jurisdiction to acquire title to, and possession of, said property for Lake County in accordance with the Eminent Domain Laws of the State of Illinois.
SECTION 4: That there is hereby appropriated $7,500,000 of Motor Fuel Tax funds for the purchase of the real property determined to be necessary under this resolution, for right-of-way acquisition for this improvement as described in the said plats of highways and other associated costs, and designated as Section 15-00038-07-WR.
BE IT FURTHER RESOLVED that the County Clerk is hereby directed to transmit four certified originals of this resolution to the district office of the Department of Transportation.
BE IT FURTHER RESOLVED that this appropriation be processed by the County Engineer for final approval of the Illinois Department of Transportation in accordance with the “Agreement of Understanding” between the Illinois Department of Transportation and Lake County, dated May 3, 2018.
DATED at Waukegan, Illinois on February 21, 2023.