Title
Joint resolution appropriating $60,000 of 1/4 percent sales tax for Transportation and Public Safety funds for the acquisition of necessary right-of-way, by agreement or condemnation, and other right-of-way costs associated with the removal of the intersection of O'Plaine Road at Kennedy Drive and to make an internal roadway improvement in the adjacent subdivision, and designated as Section 09-00109-06-CH
Staff Summary
· O'Plaine Road at Kennedy Drive Improvement, Right-of-Way Acquisition: Appropriation with Condemnation Authority.
· Preliminary plans and specifications for this improvement have been prepared.
· Before right-of-way acquisitions can proceed, an appropriation and condemnation authority is necessary.
· The appropriation is $60,000 of 1/4 percent sales tax for Transportation and Public Safety funds.
Body
R E S O L U T I O N
WHEREAS, O'Plaine Road, County Highway 38, is a designated route on the County highway system; and
WHEREAS, the free flow of traffic on O'Plaine Road at Kennedy Drive is beneficial to the safety and welfare of the State of Illinois and the County as a whole; and
WHEREAS, the State of Illinois, acting by and through its Illinois Department of Transportation (IDOT), and Lake County believe it would be beneficial for the safety and welfare of the motoring public if O'Plaine Road at Kennedy Drive could be improved by the removal of the intersection and making an internal roadway improvement in the adjacent subdivision; and
WHEREAS, Lake County, by and through its Division of Transportation, has caused to be prepared preliminary plans and right-of-way plats, said plats identifying right-of-way needs; and
WHEREAS, the right-of-way and associated costs are estimated to be $50,000.
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 at West Avenue at Kennedy, together with construction and other easements, both temporary and permanent for said highway, all as outlined in plats of highways made under direction of Paula J. Trigg, 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 highway.
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 plats of survey of said highway.
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 $60,000 of ¼% Sales Tax for Transportation and Public Safety funds for the purchase of the real property determined to be necessary under this resolution, and described in the said plats of highways and associated costs, and designated as Section 09-00109-06-CH.
DATED at Waukegan, Illinois, on November 12, 2013.