===== PDF PAGE 14 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO INFRASTRUCTURE COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: _Lf--=-~-~....;;;.L)_..;.,_ _ Resolution No. 20-R-0059 - Authorizing the Transfer of COMMITTEE AGENDA DATE: November 5, 2020Ownership of Oak Drive Right-Of-Way to DuPage County COUNCIL AGENDA DATE: November 16, 2020 STAFF REVIEW: Robert E. Flatter, P.E., Public Works Director APPROVED BY CITY ADMINISTRATOR: Michael L. Guttman SIGNATURE _________ _ ITEM SUMMARY: The City has been maintaining the Oak Drive right-of-way, between Diversey Parkway and IL Route 59, for several years now (dedicated as public right-of-way in circa 1953). The City has no utilities in this unimproved right-of-way and there is no need to continue to own said right-of-way. DuPage County owns the adjacent parcel to the east and a portion of its Illinois Prairie Path system meanders through the Oak Drive right-of-way. Representatives from DuPage County were contacted and have agreed to assume ownership and maintenance responsibility of the right-of-way if deeded via a Plat of Dedication pursuant to the Illinois Local Government Property Transfer Act, 50 ILCS 605.0.01. Per the Act, the City of West Chicago is to transfer the property by Resolution and the DuPage County is to accept the property by Ordinance. Please refer to the attached Resolution No. 20-0-0059 and Attachment A for additional information. On Tuesday October 27, 2020, DuPage Country enacted and approved Ordinance DT-0-0080-20 authorizing the Director of Transportation/County Engineer to execute a Plat of Dedication for the Oak Drive right-of-way (see attached draft Ordinance). Receipt of executed and certified copies of the County Ordinance is pending City's approval of the Plat of Dedication. Therefore, staff is requesting City Council approval of Resolution No. 20-R-0059 authorizing the transfer of ownership of the Oak Drive right-of-way to DuPage County. ACTIONS PROPOSED: Approve Resolution No. 20-R-0059 authorizing the Mayor to execute a Plat of Dedication for the transfer of ownership of the Oak Drive right-of-way to DuPage County. COMMITTEE RECOMMENDATION: ===== PDF PAGE 15 ===== [Extraction: embedded PDF text] RESOLUTION NO. 2020-R-0059 A RESOLUTION OF THE CITY OF WEST CHICAGO, DUPAGE COUNTY, ILLINOIS AUTHORIZING THE EXECUTION OF A PLAT OF DEDICATION TO TRANSFER OWNERSHIP OF CERTAIN RIGHT OF WAY DEEMED SURPLUS TO THE COUNTY OF DUPAGE WHEREAS, the City of West Chicago is a home rule municipality existing pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1 et seq,, located in the County of DuPage, State of Illinois; and WHEREAS, the County of DuPage is a government entity existing pursuant to the Illinois Counties Code, 55 ILCS 5/1-1 et seq., located in the County of DuPage, State of Illinois; and WHEREAS, the City is the owner of a certain real property designated as road right of way by means of a Plat of Subdivision recorded as Document Rl 953-695749, commonly known as Oak Drive in the City of West Chicago; and WHEREAS, the County maintains and operates a bike path on that part of the right of way designated as Oak Drive, as legally described as follows: THAT PART OF OAK DRIVE DEDICATED ON SEPTEMBER 22, 1953 AS DOCUMENT NUMBER Rl 953-695749 LYING SOUTH OF THE SOUTH RIGHT OF WAY LINE OF DIVERSEY PARKWAY AND LYING SOUTHWESTERLY OF THE SOUTHERLY LINE OF THE AURORA, ELGIN AND CHICAGO RAILROAD AND LYING WESTERLY OF THE WESTERLY LINE OF STATE ROUTE 59 AND LYING NORTHWESTERLY OF LOTS 57, 67, 68 AND 69 IN PASQUINELLI'S ASHMORE ESTATES RECORDED JULY 30, 1993 AS DOCUMENT NUMBER Rl 993-167523, ALL IN SECTION 28, TOWNSHIP 40 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DUPAGE COUNTY, ILLINOIS WHEREAS, in recognition of the fact that Oak Drive as described hereinabove has not been built for roadway purposes, but, is in fact a part of the County's bike path network, continued maintenance of the right of way is not in the best interests of the City and its residents; and WHEREAS, pursuant to the Illinois Local Government Property Transfer Act, 50 ILCS 605.0.01 et seq., the City is empowered to transfer the Property to the County on terms both entities agree to; and WHEREAS, the City deems it advisable and in the best interests of the residents of the City of West Chicago and the County of DuPage to transfer title of the Property to the County, the property being no longer necessary or useful to the City, and being in the operation and maintenance of the County; and 1 ===== PDF PAGE 16 ===== [Extraction: embedded PDF text] WHEREAS, for such purpose, the a Plat of Dedication, attached hereto and incorporated herein by reference as Exhibit A, has been prepared, which, upon signature shall transfer title to the Property to the County; and WHEREAS, the County has adopted Resolution DT-R-0176-1 7 authorizing the Director of Transportation/County Engineer to review and accept dedications for highway purposes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Chicago, Illinois, in regular session assembled: Section 1. That the recitals set forth above are incorporated herein in their entirety. Section 2. That Property described herein be conveyed to the County of DuPage, pursuant to a Plat of Dedication, in the form attached hereto as Exhibit A. Section 3. That the Mayor is hereby authorized to execute and the City Clerk to attest thereto, the Plat of Dedication, and City Staff is hereby directed thereafter to take all steps required to properly convey the Property in accordance with the terms of the Resolution. Section 4. That all ordinances and resolutions, or parts thereof in conflict with the provisions of this Resolution are, to the extent of such conflict, hereby repealed. Section 5. That this Resolution shall be in full force and effect from and after its adoption, approval and publication in pamphlet form as provided by law. APPROVED this 16th day of November, 2020. AYES: NAYES: ABSTAIN: ABSENT: Ruben Pineda, Mayor ATTEST: Nancy M. Smith, City Clerk 2 ===== PDF PAGE 17 ===== [Extraction: OCR (rendered-page OCR)] EXHIBITA Plat of Dedication ===== PDF PAGE 18 ===== [Extraction: embedded PDF text] themas engineering group, lie 55 w. 22nd street suite 300th@mas0 lombard, ii 60148 I 0 lJ PeHll~·;;gTnee~g.. 1cu: o t !,,C" !'llDP,.01t U'GO C. phone: 855-533-1700 PLAT OF DEDICATION OF THAT PART OF OAK DRIVE DEDICATED ON SEPTEMBER 22, 1953 AS DOCUMENT NUMBER Rl953- 695749 LYING SOUTH OF THE SOUTH RIGHT OF WAY LINE OF DIVERSEY PARKWAY AND LYING SOUTHWESTERLY OF THE SOUTHERLY LINE OF THE AURORA, ELGIN AND CHICAGO RAILROAD AND LYING WESTERLY OF THE WESTERLY LINE OF STATE ROUTE 59AND LYING NORTHWESTERLY OF LOTS 57, 67, 68 AND 69 IN PASQUINELLl'S ASHMORE ESTATES RECORDED JULY 30, 1993 AS DOCUMENT NUMBER Rl993-167523, ALL IN SECTION 28, TOWNSHIP 40 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DU PAGE COUNTY, ILLINOIS. --~ '~~ ""' D!VERSE Y PARKWAY ~ i(~ ~ I S~!fl 41"3~lU" W ~J' ~ '% " ~:~~~,.,, "o ... \JI LOT 69 ""-;.·_"1<:-?'Q ~ I O,::/?,, "' .... ""~'0 ~ ' <"o.~,«o~ I LOT 68 ;..";. .a.,,.11!,, 1 '\ , \. E.i>GLE.- 1 R\DGE. C1 . '(>f 1 " ~ I "-- ;:; i LOT 57 = ~~ j LOT SS /',-- , ' ~~~ ~,/ ~ I L.OT 60 /~f7 __/ )\ ~*(j/ ~ l LO T 56 ~ i / /'// / / A N 0 25 50 100 SCALE IN FEET SCALE: 1" = 50' NOTE: ! THE BASIS OF BEARINGS ON THIS PLAT ARE BASED ON PASQUINELlfS ASHMORE ESTATES SUBDIVISION OIMVER'S CERT/FICA TF (GRANTO/?) CERT/FICA TIONS 01'COU/VTYENGINEER (GRAN!Elf) STATE OF IWNOIS STATE OF ILLIOOIS )SS ) SS COUNTY OF DUPAGE ) COUNTY OF DUPAGE ) DUPAGECOUNTYRECORDER'SCERTIFICATE· 'OF ILLINOIS ) THE CHY OF WEST CHICAGO POES HEREBY CERTlfY THAT THEY ACCEPTANCE Of THC DEDICllTION OF RIGHT-OF-WAY OEPICTEO'MTHIN THIS STATE ARE HOLCER OF RECORD TITLE TO THE HEREON DESCRIBED PROPERTY AND THAT PL.ATON BEHALF OF THE PEOPLE Of' THE COLINTY OF OUPAGE IS PR0"1DEO ) SS 1liEY HAVE CAUSED SAID PROPERTY TO BE DEDICATED AS SHOIMI ON THE PLAT PER THE AUTHORrTYGAANTEO TO THE DIRECTOR OF TRANSPORTATIOH I COUNTY OF DUPAGE ) HEREON CRAWN. COUNTY ENGINEER, OR HlS DESIGNEE. BY THE OUPAGE COUNTY BOARD IN RESOl.UTION DT·R.017&-17. DATED THIS __ DAY OF AD, 20_ Tt003817 OWNER: LICENSE EXPIRES: NOVEMBER 30, 2020 SUBMITTED BY I MAIL BACK TO: ILLINOIS PROFESSIONAL DESIGN FIRM NO, 1~05163 CITY OF WEST CHICAGO CITY OF WEST CHICAGO CouNTY CLERK 475 MAIN STREET 475 MAIN STREET \r\€ST CHICAGO, IL 60185 WEST CHICAGO, IL 601 BS ===== PDF PAGE 19 ===== [Extraction: embedded PDF text] Ordinance DT-0-0080-20 AN ORDINANCE DECLARING THE CONVEYANCE OF PROPERTY NECESSARY AND CONVENIENT FOR A PORTION OF OAK DRIVE ADJACENT TO CH 48/ ILLINOIS PRAIRIE PATH WHEREAS, the City of West Chicago (hereinafter "CITY") holds title to property adjacent to CH 48/Illinois Prairie Path, an unimproved portion of Oak Drive, depicted in Exhibit A, Plat of Dedication (hereinafter "PROPER TY"); and WHEREAS, the County of DuPage (hereinafter "COUNTY") desires to acquire the PROPERTY to continue to use as part of the Illinois Prairie Path; and WHEREAS, the COUNTY hereby determines that it is reasonable, necessary, convenient and in the public interest and welfare to acquire said PROPERTY; and WHEREAS, the CITY is empowered to convey its property interest in said PROPERTY to the COUNTY upon a two-thirds vote of the CITY's Board pursuant to the authority conferred by the Local Government Property Transfer Act, 50 ILCS 605/0.01 et seq. (hereinafter "TRANSFER ACT"); and WHEREAS, as a condition precedent to a conveyance under Section 2 of the TRANSFER ACT, the transferee (COUNTY) must first declare by ordinance "that it is necessary or convenient for it to use, occupy or improve" the real estate held by the transferor 50 ILCS 605/2; and WHEREAS, the COUNTY is authorized to accept the attached Plat of Dedication (hereinafter "PLAT") pursuant to the authority granted in Article VII, Section 10 of the Illinois Constitution of 1970, the Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq. and the TRANSFER ACT. NOW, THEREFORE, BE IT ORDAINED by the County Board of DuPage County, Illinois that the recitals set forth above are incorporated herein and made a part hereof; and BE IT FURTHER ORDAINED that the COUNTY hereby declares that "it is necessary or convenient for it to use, occupy or improve" the PROPERTY owned by the CITY; and BE IT FURTHER ORDAINED that the Director of Transportation/County Engineer or his designee is hereby authorized to sign the PLAT and execute any other documents necessary and pertinent to acceptance of said PLAT; and BE IT FURTHER ORDAINED that the Clerk is hereby directed to transmit two duplicate originals of this authorizing Ordinance and Plat of Dedication to the City of West Chicago, by and through the Division of Transportation. Enacted and approved this 27th day of October, 2020 at Wheaton, Illinois. DANIEL J. CRONIN, CHAIRMAN DU PAGE COUNTY BOARD ===== PDF PAGE 20 ===== [Extraction: OCR (rendered-page OCR)] Ordinance DT-O-0080-20 JEANKACZMAREK,COUNTYCLERK