Title
Joint resolution adopting an ordinance requesting the conveyance of parcels of land and easements, both temporary and permanent, from the Lake County Forest Preserve District to Lake County and effectuating an agreement relating to the Cedar Lake Road extension from Townline Road to IL Rte. 120 and Lake County construction of a segment of a future bike path connection for the LCFPD along Fairfield Road and designated as Section 06-00266-01-FP.
Staff Summary
• Cedar Lake Road (Townline Road to IL Rte. 120), Land Transfer and Bike Path Construction, Lake County Forest Preserve District: Agreement
• Lake County proposes to construct a detention basin on LCFPD property for the Cedar Lake Road extension (Townline Road to IL Rte. 120).
• In order to provide for this improvement, additional right-of-way, a permanent easement, and a temporary easement will be provided by the Lake County Forest Preserve District at no cost.
• An ordinance is required to request transfer of parcels of land from the Lake County Forest Preserve District to Lake County.
• In consideration of the above, Lake County will construct, at no cost to the LCFPD, a segment of a future bike path connection along Fairfield Road north of IL Rte. 120.
• This resolution authorizes the execution of an agreement between the Lake County Forest Preserve District and Lake County for this improvement.
Body
R E S O L U T I O N
WHEREAS, Lake County, by and through its Division of Transportation, proposes to construct the second stage of the extension of Cedar Lake Road from Townline Road to IL Rte. 120; and
WHEREAS, as part of said construction, Lake County, by and through its Division of Transportation, needs to construct a detention basin along Cedar Lake Road north of IL Rte. 120; and
WHEREAS, the construction of said detention basin will require additional right-of-way, a permanent easement, and a temporary easement on property owned by the Lake County Forest Preserve District; and
WHEREAS, the Lake County Forest Preserve District will grant said additional right-of-way, a permanent easement, and a temporary easement at no cost to the County; and
WHEREAS, in consideration of the above, Lake County will construct, at no cost to the LCFPD, a segment of a future bike path connection along Fairfield Road north of IL Rte. 120; and
WHEREAS, pursuant to Section 10 of Article 7 of the Illinois Constitution of 1970, units of local government, such as the District and the County, may contract or otherwise associate among themselves in any manner not prohibited by law or ordinance; and
WHEREAS, in accordance with the Local Government Property Transfer Act, (50 ILCS 605/0.01, et seq.), the County and the District may transfer property as depicted in Exhibit A attached hereto upon such terms as may be agreed upon by the corporate authorities of the County and the District and subject to the provisions of such act; and
WHEREAS, the Lake County Forest Preserve District and Lake County are desirous of entering into an agreement stating the terms and conditions by which the Lake County Forest Preserve District will provide said additional right-of-way, a permanent easement, and a temporary easement; and Lake County will construct a segment of future bike path connection along Fairfield Road north of IL Rte. 120, a draft copy of which is attached hereto.
NOW, THEREFORE BE IT RESOLVED, by this County Board of Lake County, Illinois, that the Chair of the County Board, the County Clerk and the County Engineer of Lake County are authorized and they are directed to execute an agreement stating the terms and conditions by which the Lake County Forest Preserve District will grant to Lake County said right-of-way, a permanent easement, and a temporary easement; and Lake County will construct a segment of a future bike path connection along Fairfield Road north of IL Rte. 120. The County Engineer shall transmit in writing the final agreement to be executed by the Chair of the County Board and the County Clerk.
BE IT FURTHER RESOLVED, that the County Board of Lake County hereby adopts the ordinance incorporated herein requesting the conveyance of land parcels, a permanent easement, and a temporary easement from the Lake County Forest Preserve District to Lake County.
O R D I N A N C E
Section 1: Recitals. The recitals set forth above are incorporated as part of this ordinance by this reference.
Section 2: Request for and Acceptance of Conveyance of Lake County Forest Preserve District Parcel. The County hereby declares that it is necessary for it to use and occupy the Lake County Forest Preserve District parcels as depicted in Exhibit A attached hereto and requests that the District convey said parcels to the County, at no cost. In accordance with 765 ILCS 5/16 the County Board Chair and the County Clerk are hereby authorized to execute whatever documents are necessary to accept such conveyance in accordance with this ordinance. The County Engineer shall prepare or have prepared said documents of conveyance.
Section 3: This ordinance shall be in full force and effect from and after its passage and adoption by the County Board.
DATED at Waukegan, Illinois, on November 16, 2010.