Title
Joint resolution authorizing the execution of an intergovernmental agreement for exchange and transfer of real property interests by and between the Lake County Forest Preserve District and Lake County.
Staff Summary
· This resolution was originally approved by Joint Committee action on October 31, 2012, but has been amended to reflect the elimination of the need for a County Ordinance regarding easement acquisition.
· As part of the Portwine Road Force Main Project, the County must obtain easements and will impact trees on the Lake County Forest Preserve District Property.
· The Forest Preserve District has requested the County transfer 2.5 acres of property adjacent to the Department's Ela Lift Station in exchange for the Portwine easements and tree impacts.
· An Intergovernmental Agreement has been prepared which establishes the terms of the exchange of the easements and tree impacts for the property transfer.
· Pursuant the Local Government Property Transfer Act this resolution must be approved by two-thirds (2/3) of the County Board members holding office.
· This resolution authorizes the execution of an revised intergovernmental agreement.
Body
R E S O L U T I O N
This Resolution authorizes entering into an Intergovernmental Agreement for Exchange and Transfer of Real Property Interests By and Between the Lake County Forest Preserve District ("District") and the County of Lake ("County").
WHEREAS, the District is a municipal corporation and forest preserve district created pursuant to the Downstate Forest Preserve District Act, 70 ILCS 805/ 1 et seq. and is located wholly within and coextensive with the County; and
WHEREAS, the County and the District have the authority to enter into the attached Agreement pursuant to the Intergovernmental Cooperation Act, 5 ILCS 220/ 1 et seq., and the Local Government Property Transfer Act, 50 ILCS 605/1 et seq.; and
WHEREAS, the District owns certain real property located generally on the north side of Lake Cook Road and west of Portwine Road, the pertinent portion of which is depicted on Exhibit 1 to the attached Agreement ("the District Property"); and
WHEREAS, the County has established a Department of Public Works pursuant to an Act of the General Assembly of the State of Illinois entitled "An Act in Relation to Water Supply, Drainage, Sewage, Pollution, and Flood Control in Certain Counties", as amended, for the purpose of performing the function of sewage disposal and has prepared a comprehensive plan for the disposal of sewage from areas of the County, including portions of the Southeast Lake Facilities Planning Area established pursuant to the Illinois Water Quality Management Plan, and has prepared plans and programs for providing such service and the related facilities; and
WHEREAS, pursuant to such plans and programs, the County has constructed, owns, and operates the Des Plaines River Wastewater Reclamation Facility and a system of interceptor sanitary sewers in the aforementioned facilities planning area to provide sanitary sewer service; and
WHEREAS, the County has requested a new easement over a portion of the District Property for purpose of constructing and installing a new public sanitary sewer line, as depicted on Exhibit 1 to the Agreement (the "New Easement"); and
WHEREAS, the District has previously granted to the County and North Shore Sanitary District certain easements over portions of the District Property for the purposes of constructing and maintaining public sanitary sewer lines, such easements having been previously recorded with the Lake County Recorder of Deeds, as depicted in Exhibit 2 to the Agreement (the "Existing Easements"); and
WHEREAS, the North Shore Sanitary District has assigned all its rights and privileges under the Existing Easements over the District Property to the County pursuant to Assignment dated April 21, 2011 and recorded on July 16, 2012 as Document No. 6873153; and
WHEREAS, the County wishes to acquire and utilize the New Easements and the Existing Easements in furtherance of its provision of sanitary sewer services within the Southeast Lake Facilities Planning Area; and
WHEREAS, the County and the District acknowledge that the County's proposed construction activities within the Existing Easements may have certain impacts on existing trees, vegetation and landscaping that are greater than permitted under the varying terms of the Existing Easements and believe that the same terms and conditions should apply to construction and maintenance work performed by the County in the areas within both the New Easements and the Existing Easements; and
WHEREAS, the County owns certain real property comprising approximately 2.5 acres in Ela Township as depicted on Exhibit 3 to the Agreement and as legally described in Exhibit 4 to the Agreement (the "County Parcel"); and
WHEREAS, the County Board has determined that the County Parcel is no longer necessary or required by the County and that the County Property would better serve the public benefit if transferred to the District; and
WHEREAS, the District wishes to acquire and utilize the County Property and the District Board of Commissioners has declared, or will declare, by ordinance dated November 20, 2012, as required under the Local Government Property Transfer Act, 50 ILCS 605/1 et seq., that it is necessary or convenient for the District to acquire and utilize the County Property for public purposes (the "District Ordinance");
WHEREAS, the adoption of this Resolution will further enhance the public health and the public policy of intergovernmental cooperation.
NOW THEREFORE, BE IT RESOLVED that:
1. RECITALS. The foregoing recitals are, by this reference, fully incorporated into and made a part of this Resolution.
2. APPROVAL OF INTERGOVERNMENTAL AGREEMENT. That the Intergovernmental Agreement for Exchange and Transfer of Real Property Interests By and Between the Lake County Forest Preserve District and the County of Lake attached to this Resolution is authorized and approved.
3. EXECUTION OF INTERGOVERNMENTAL AGREEMENT, DEED, AND GRANT OF EASEMENT. That the County Board Chairman, upon adoption of the District Ordinance, is authorized to execute the approved Agreement attached hereto on behalf of the County of Lake, that the County Board Chairman is authorized to execute the attached Deed to transfer the County Parcel to the District as contemplated by the Agreement, that the County Board Chairman and/or the State's Attorney are authorized to execute any additional transfer or closing documents that may be necessary to effectuate such transfer of the County Parcel, and that the Director of the Public Works Department is authorized to execute the Grantee's acceptance of the attached Grant of Easement necessary to convey the New Easements to the County as contemplated by the Agreement, all in substantially the forms as attached hereto, with such minor changes as may be approved by the County Administrator and the County Board Chair, in consultation with the State's Attorney.
DATED, at WAUKEGAN, LAKE COUNTY, ILLINOIS on this 20th day of November 2012.
Roll Call (2/3 vote of members holding office required)
Aye:
Nay: