Title
Ordinance requesting the conveyance of land rights for a permanent easement from the Village of Mundelein to Lake County for the purpose of replacing and maintaining an existing 36-inch diameter storm sewer.
Staff Summary
• A 36-inch diameter storm sewer under Midlothian Road and adjacent private property is deteriorating and is scheduled to be replaced.
• The County needs to utilize an existing permanent easement granted to the Village of Mundelein (Document 1390467 recorded August 23, 1968) in order to construct the improvement.
• The Village is willing to quitclaim their interest in the permanent easement to the County for the construction of the improvement.
• This improvement is included in the highway improvement program, and designated as Section 17-00171-16-DR.
Body
O R D I N A N C E
ORDINANCE FINDING IT NECESSARY OR CONVENIENT FOR LAKE COUNTY TO ACCEPT A PERMANENT EASEMENT OWNED BY THE VILLAGE OF MUNDELEIN IN CONNECTION WITH THE DRAINAGE IMPROVEMENT OF MIDLOTHIAN ROAD
WHEREAS, Midlothian Road, County Highway 48, is a designated route on the County highway system; and
WHEREAS, to ensure the safety and welfare of the traveling public, Lake County and the Village of Mundelein believe it would be beneficial for the storm sewer to be replaced; and
WHEREAS, this improvement requires the transfer of a permanent easement from the Village of Mundelein to Lake County for the roadway improvements; and
WHEREAS, pursuant to Section 10 of Article 7 of the Illinois Constitution of 1970, units of local government, such as Lake County and the Village of Mundelein, 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 and occupy, the permanent easement, as depicted on the attached plan drawings; and
WHEREAS, in accordance with the Local Government Property Transfer Act, 50 ILCS 605/0.01, et seq., the Village of Mundelein may transfer the permanent easement to Lake County upon such terms as may be agreed upon by the corporate authorities of Lake County and the Village of Mundelein and subject to the provisions of such Act.
NOW, THEREFORE BE IT ORDAINED by this Lake County Board, that the County Board Chair, the County Clerk, and the County Engineer of Lake County, Illinois, are authorized, and are hereby directed to accept the transfer of a permanent easement by quitclaim deed from the Village of Mundelein, and designated as Section 17-00171-16-DR.
BE IT FURTHER 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 permanent easement as depicted on the attached exhibits in the making of a public improvement or for a public purpose.
Section 3: Acceptance of Conveyance of the Village of Mundelein Parcel: The County Engineer is hereby authorized to execute whatever documents are necessary to accept and effectuate the conveyance of the above-described permanent easement from the Village of Mundelein 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 March 10, 2020.