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Authorizing Acquisition of Real Property for Randall Road at Big Timber Road Intersection Improvement, Kane County Section No. 19-00369-01-CH
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WHEREAS, the County of Kane is authorized by law, pursuant to 605 ILCS 5/5-801, et. seq., to acquire by negotiated purchase or eminent domain proceedings, real property for highway and related and associated purposes; and
WHEREAS, the County of Kane has jurisdiction over Randall Road (Kane County Highway No. 34) within the boundaries of the County of Kane; and
WHEREAS, the County of Kane deems it necessary and appropriate to construct and improve Randall Road at Big Timber Road Intersection and in conjunction therewith require necessary lands to satisfy public land acquisition mitigation obligations and responsibilities arising therefrom; and
WHEREAS, Randall Road at Big Timber Road and the planned improvements therefor, including satisfaction of public right of way acquisition mitigation obligations, have been surveyed, laid out and projected over certain lands situated in Kane County, Illinois; and
WHEREAS, it is deemed by the County of Kane that certain parcels of land, and in particular, the parcels described herein in as Exhibit "A" (copy of which is on file with the County Clerk of Kane County and which is incorporated herein and made a part hereof), which are located within the limits of Kane County, should be acquired by negotiated purchase and, negotiation failing, by eminent domain proceedings for highway purposes including in conjunction therewith satisfaction of public right of way acquisition mitigation obligations.
NOW, THEREFORE, BE IT RESOLVED by the Kane County Board, that it is hereby determined by the County Board of Kane County that the real property described herein in Exhibit "A" be used, occupied for highway purposes in a manner necessary and convenient for public use including use as satisfaction of public right of way acquisition mitigation obligations.
BE IT FURTHER RESOLVED by the Kane County Board, that it is further hereby determined it is necessary and proper that the County of Kane acquire title to or other appropriate interest in and possession of these parcels in that said real property is necessary and required by the County of Kane for highway purposes and, more specifically, the improvement of Randall Road at Big Timber Road as mitigation for public right of way acquisitions.
BE IT FURTHER RESOLVED by the Kane County Board, that the Chairman of the Kane County Board or her duly authorized representative(s) are hereby authorized, empowered and directed to negotiate for and on behalf of the County of Kane with any and all owners of the property described herein or with any other individual possessing an interest therein for the purchase thereof upon such terms and conditions as shall be approved by the Transportation Committee of the Kane County Board and/or the County Board of Kane County.
BE IT FURTHER RESOLVED by the Kane County Board, that in the event the County of Kane is unable to agree with the owner or owners, or any other party having an interest in the real property described herein regarding the compensation to be paid for said real property, then to the extent allowed by law, the County of Kane shall institute proceedings to acquire the property by eminent domain pursuant to the applicable provisions of the eminent domain laws of the State of Illinois.
BE IT FINALLY RESOLVED by the Kane County Board, that in the event the County of Kane is unable to agree with the owner or owners, or any other party having an interest in the real property described herein regarding the compensation to be paid for said real property, then the County of Kane hereby directs the States Attorney of Kane County to institute eminent domain proceedings in a court of competent jurisdiction to acquire title to and possession of said real property in the name of the County of Kane.
Passed by the Kane County Board on February 11, 2025.
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John A. Cunningham, MBA, JD, JD Corinne M. Pierog MA, MBA
Clerk, County Board Chairman, County Board
Kane County, Illinois Kane County, Illinois
Vote: