Title
Ordinance requesting the conveyance of parcels of land for right-of-way, permanent easements, and temporary easements from the Lake County Forest Preserve District (LCFPD) to Lake County, and effectuating an agreement relating to the construction and maintenance of the improvements to River Road at Roberts Roads, and designated as Section 07-00086-08-CH.
Staff Summary
· River Road at Roberts Road: LCFPD Agreement.
· The intersection of River Road at Roberts Road will be improved, along with construction of a LCFPD multi-use path, compensatory storage, water quality basins and landscaping on LCFPD property.
· In order to provide for this improvement, the County requires right-of-way, three permanent easements, and two temporary easements from the LCFPD for the roadway improvements.
· The LCFPD will maintain the sidewalk along the southwest corner of River Road and Roberts Road.
· An ordinance is required to authorize conveyance of parcels from the LCFPD and to effectuate an agreement with the LCFPD.
Body
O R D I N A N C E
ORDINANCE FINDING IT NECESSARY OR CONVENIENT FOR LAKE COUNTY TO ACQUIRE AND USE REAL ESTATE OWNED BY THE LCFPD AND EFFECTUATING AN AGREEMENT WITH THE LCFPD IN CONNECTION WITH THE RIVER ROAD AT ROBERTS ROAD IMPROVEMENT
WHEREAS, River Road, County Highway 4, and Roberts Road, County Highway 35, are designated routes on the County highway system; and
WHEREAS, the LCFPD and Lake County believe it would be beneficial for the safety and welfare of the motoring public if the intersection of River Road at Roberts Road could be improved along with construction of a LCFPD multi-use path, compensatory storage, water quality basins and landscaping on LCFPD property; and
WHEREAS, this improvement requires right-of-way, three permanent easements, and two temporary easements from the LCFPD the roadway; and
WHEREAS, pursuant to Section 10 of Article 7 of the Illinois Constitution of 1970, units of local government, such as the LCFPD 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., it is necessary or convenient for the County to use, occupy, or improve the real estate as depicted and described in the plat of dedication, attached hereto, held by the LCFPD in the making of a public improvement or for a public purpose, namely the River Road at Roberts Road improvement; and
WHEREAS, in accordance with the Local Government Property Transfer Act, 50 ILCS 605/0.01, et seq., the LCFPD 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 LCFPD and subject to the provisions of such Act; and
WHEREAS, the LCFPD will maintain the sidewalk along the southwest corner of River Road and Roberts Road; and
WHEREAS, Lake County and the LCFPD are desirous of entering into an agreement stating the terms and conditions for dedication of right-of-way, granting of three permanent easements and two temporary easements, construction and maintenance of a LCFPD multi-use path, compensatory storage, water quality basins and landscaping on LCFPD property located within the limits of the County's improvement, a draft copy of which is attached hereto.
NOW, THEREFORE BE IT ORDAINED by this Lake County Board 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 plat of dedication, attached hereto, held by the LCFPD in the making of a public improvement or for a public purpose.
Section 3: Acceptance of Conveyance of the LCFPD 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 LCFPD 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.
Section 5: The County Engineer shall transmit, in writing, the final agreement to be executed by the County Board Chair and the County Clerk.
DATED at Waukegan, Illinois, on November 12, 2013.