Title
Ordinance requesting the conveyance of parcels of land for right-of-way and easements from the Village of Fox Lake and authorizing an agreement with the Village of Fox Lake for the Illinois Route 59 at Grand Avenue intersection improvement project.
Staff Summary
• The County needs right-of-way and easements from the Village of Fox Lake (Village) in order to construct the improvement.
• The Village is desirous that the County include construction of a multi-use path and street lighting as part of the improvement. The Village also owns watermain within the project limits that requires modification.
• The Village will reimburse the County for its share of the engineering and construction costs associated with these improvements, estimated to be $1,171,813.50.
• The Village Board approved this agreement at its October 11, 2022, meeting.
• This project is included in the Transportation Improvement Program, with construction planned to begin in 2023 and designated as Section 10-00279-01-CH.
Body
ORDINANCE FINDING IT NECESSARY OR CONVENIENT FOR LAKE COUNTY TO ACQUIRE AND USE REAL ESTATE OWNED BY THE VILLAGE OF FOX LAKE IN CONNECTION WITH THE INTERSECTION IMPROVEMENT AT ILLINOIS ROUTE 59 AND GRAND AVENUE
WHEREAS, to ensure the free flow of traffic and safety and welfare of the traveling public, Lake County (County) and the Village of Fox Lake (Village) are desirous of improving the intersection of Illinois Route 59 at Grand Avenue, with the installation of new traffic signals, additional turn lanes, realignment of Washington Avenue and non-motorized improvements; and
WHEREAS, this improvement requires right-of-way and easements from the Village for the intersection improvements; and
WHEREAS, pursuant to Section 10 of Article 7 of the Illinois Constitution of 1970, units of local government, such as the County and the Village, 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., it is necessary or convenient for the County to use, occupy, or improve the real estate, as depicted in the draft agreement attached hereto, held by the Village, in the making of a public improvement or for a public purpose; and
WHEREAS, in accordance with the Local Government Property Transfer Act, 50 ILCS 605/0.01, et seq., the Village may transfer right-of-way, permanent easements, temporary easements, and temporary use areas in its property to the County upon such terms as may be agreed upon by the corporate authorities of the County and the Village and subject to the provisions of such Act; and
WHEREAS, the Village owns a watermain within the project limits that requires modification; and
WHEREAS, the Village is desirous for the County to include the construction of non-motorized facilities and street lighting as part of the project; and
WHEREAS, the Village will reimburse the County for its share of these improvements; and
WHEREAS, Lake County and the Village are desirous of entering into an agreement stating the terms and conditions for the project, a draft copy of which is attached hereto.
NOW, THEREFORE, BE IT ORDAINED, by this County Board of Lake County, Illinois, that the County Board Chair, the County Clerk, and the County Engineer of Lake County, Illinois, are authorized, and are hereby directed to enter into an agreement, and any amendments, between Lake County and the Village of Fox Lake stating the terms and conditions for the intersection improvement of Illinois Route 59 and Grand Avenue, and designated as Section 10-00279-01-CH.
BE IT FURTHER ORDAINED, by this County Board of Lake County, Illinois, that the County Engineer shall transmit, in writing, the final agreement and any amendments, to be executed by the County Board Chair and the County Clerk.
BE IT FURTHER ORDAINED, by this County Board of Lake County, Illinois, as follows:
Section 1: Recitals: The recitals set forth above are incorporated as part of this Ordinance by this reference.
Section 2: Declaration of Necessity: The County Board hereby finds and declares that it is necessary, or convenient, for the County to use, occupy, or improve the real estate as depicted and described in the draft agreements attached hereto, held by the Village of Fox Lake, in the making of a public improvement or for a public purpose.
Section 3: Acceptance of Conveyance of the Village of Fox Lake Parcels: The County Engineer is hereby authorized to execute whatever documents are necessary to accept and effectuate the conveyance of the above-described real estate from the Village of Fox Lake to Lake County in accordance with this Ordinance. The County Engineer shall prepare, or have prepared, said documents of conveyance.
Section 4: 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 June 13, 2023.