Title
Joint resolution appropriating $90,000 of ¼% Sales Tax for Transportation and Public Safety funds, for the advance acquisition of necessary right-of-way, by agreement or condemnation, and other right-of-way costs associated with the future roadway improvements of Deerfield Road and adjacent bike path at Deerfield Road and Thornmeadow Road, and designated as Section 09-00038-04-BT.
Staff Summary
· Deerfield Road and Deerfield Road Bike Path, Advance Right-of-Way Acquisition: Appropriation with Condemnation Authority.
· Preliminary plans and specifications for this future improvement at Deerfield Road and Thornmeadow Road have been prepared.
· Property for advance right-of-way is needed from the parcel identified as PIN #15-35-201-003.
· Before advance right-of-way acquisitions can proceed, an appropriation and condemnation authority is necessary.
· An appropriation of $90,000 of ¼% Sales Tax for Transportation and Public Safety funds is necessary for this parcel and other advance right-of-way costs.
Body
R E S O L U T I O N
WHEREAS, Deerfield Road, County Highway 11, is a designated route on the County highway system; and
WHEREAS, it would be beneficial, for the safety and welfare of the motoring public, if Deerfield Road and adjacent bike path, could be improved in the future; and
WHEREAS, Lake County, by and through its Division of Transportation, has caused to be prepared preliminary plans and right-of-way plats at Deerfield Road and Thornmeadow Road, said plats identifying advance right-of-way needs for said future improvement; and
WHEREAS, property for advance right-of-way is needed from the parcel identified as PIN #15-35-201-003; and
WHEREAS, the advanced right-of-way and associated costs are estimated to be $75,000.
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 of Deerfield Road west of Thornmeadow Road, together with construction and other easements, both temporary and permanent for said highway and adjacent bike path, 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 future improvement of said highway and adjacent bike path.
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 $90,000 of ¼% Sales Tax for Transportation and Public Safety funds, for the advance 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 09-00038-04-BT.
DATED at Waukegan, Illinois, on November 20, 2012.