Title
Joint resolution to accept the transfer of real property on behalf of the Lake County Stormwater Management Commission (SMC), owned by the Illinois Department of Natural Resources, Office of Water Resources (IDNR-OWR) and described herein Exhibit A, for the public purpose of open space public use, and to assume all responsibilities and obligations associated with the ownership and management of the property and subject to the Reservations and Covenants set forth herein Exhibit B.
Staff Summary
• The IDNR-OWR owns six parcels of real property containing approximately 1.71 acres in total and located in the Village of Gurnee, the City of Highland Park, and in unincorporated Fox Lake and Antioch, in Lake County and described herein Exhibit A.
• The County of Lake entered into an Agreement #379 with IDNR-OWR, on behalf of SMC, in 2020 to receive funding to acquire floodplain, flood damaged, real property in Lake County. There have been two amendments to the Agreement, which extends the expiration date.
• The real property is subject to the terms and conditions of the May 20, 2020 Agreement (Contract #379) and the Reservations and Covenants set forth herein Exhibit B.
• This Resolution authorizes the County of Lake to accept the transfer of ownership of the six parcels of real property containing approximately 1.71 acres in total from the IDNR-OWR.
• This Resolution authorizes the Lake County Board Chair and the Lake County Clerk to execute any required closing document(s), necessary to complete the aforedescribed conveyance to the County of Lake dedicated in perpetuity for open space public use and purposes.
Body
RESOLUTION
WHEREAS, the County of Lake (County) on behalf of the Lake County Stormwater Management Commission (SMC) and the Illinois Department of Natural Resources, Office of Water Resources (Department) entered into a cooperative agreement (Agreement) on May 20, 2020 (Contract #379); and
WHEREAS, under the Agreement, Department Flood Hazard Mitigation funds were used to acquire certain floodplain, flood-damaged real property, as described in Exhibit A attached hereto (Property), subject to certain perpetual reservations and covenants contained in the aforementioned Exhibit B, and hereafter recited in this Resolution; and
WHEREAS, pursuant to the Agreement, the County authorized the adoption of a resolution on February 11, 2020, to undertake all associated responsibilities and conditions as outlined in the Agreement, and to accept the conveyance of the Property from the Department upon the Department's completion of its obligations under the Agreement; and
WHEREAS, the Department has now completed the necessary steps, the Governor has given his approval, and the conveyance of the Property has been forwarded to the County in accordance with the terms and conditions of the Agreement; and
WHEREAS, the County is prepared to accept the transfer of Property and agrees to assume all responsibilities and obligations associated with the ownership and management of the Property in accordance with the terms and conditions of the Agreement.
NOW, THEREFORE, BE IT RESOLVED, by this County Board of Lake County, Illinois, that:
1. The recitals set forth above are incorporated herein by reference and made a part hereof.
2. That the Chair of the Lake County Board and the County Clerk are authorized to execute any required closing documents necessary to complete the conveyance to the County.
3. That the real Property, described in attached Exhibit A, shall be conveyed to the County subject to, in perpetuity, the following Reservations and Covenants specified in Exhibit B.
4. The full text of Exhibit B is hereby incorporated by reference and made a part of this resolution.
a. The property is hereby dedicated in perpetuity for flood mitigation use and purposes and the County will faithfully manage the property for its designated flood mitigation purposes as agreed to in the May 20, 2020, agreement between the County and the Department and others.
b. The County shall not erect or permit to be erected any structures or other improvements upon the property which would contradict the original intent of the 2020 agreement between the County and the Department and others without prior written approval by the Department.
c. The Department reserves all present rights and any future rights which may occur to enforce the restrictive covenants or agreements both at law and in equity. The County agrees that any breech or threatened breach of the covenants and conditions may be enjoined upon the application by the Department. In addition, the Director of the Department will have the option to reclaim the property if the County fails to remove or correct any violation of the covenants or conditions within thirty (30) days after the mailing of written notice thereof by said Director to the County.
d. The County will not convey the property or any interest therein without the express written approval and consent of the Director of the Department. The Department will only consider conveyances of the property by the County to another unit of local government for flood mitigation use and purposes. Any such local unit of government must be willing to accept the restrictive covenants running with the property. Any conveyance document from the County to another unit of local government must be approved by the Department before it is executed by the County or accepted by the unit of local government.
e. The County agrees to maintain the property as public open space. If the property ceases to be used for public open space, it shall revert to the Department.
f. All the foregoing restrictive covenants and agreements shall run with the real property.
DATED at Waukegan, Illinois, on January 14, 2025.