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Resolution Authorizing an Intergovernmental Agreement Between the County of Kane and the Forest Preserve District of Kane County for the Conveyance of Stearns Road Greenway Parcels
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WHEREAS, The County of Kane and the Forest Preserve District of Kane County wish to enter into an intergovernmental agreement for the conveyance of certain parcels collectively referred to as the ‘Stearns Road Greenway Parcel from the County to the District; and
WHEREAS, the County and the District are public agencies within the meaning of the Illinois Intergovernmental Cooperation Act, as provided in the Illinois Compiled Statutes, 5 ILCS 220/1 et. seq.; and are units of local government within the meaning of the Constitution of Illinois, 1970, Article VII, Section 10; and
WHEREAS, the County owns certain real estate acquired and utilized as an environmental greenway for the rehabilitation, protection, and maintenance of environmentally sensitive features located in Sections 1, 2, 3 & 4 of the Township of St. Charles near South Elgin, County of Kane, State of Illinois, which greenway parcels are generally depicted and indicated as the “Restoration Areas”; in Exhibit “A”, which is attached hereto and incorporated herein; and
WHEREAS, the County acquired the real estate that comprises the Greenway Parcels in conjunction with the acquisition of right of way for the Stearns Road Bridge Corridor project as part of the requirements of the Stearns Road Bridge project’s, Environmental Vision Document, its Federal Environmental Impact Statement and its Federal Highway Administration Record of Decision wherein the County was obliged to acquire, protect, restore, rehabilitate and remediate the Greenway Parcels and convey the same to the District at no cost thereto; and
WHEREAS, the County has caused the preservation, restoration, rehabilitation, remediation and protection of the Greenway Parcels; and
WHEREAS, the County has established an allowance for future improvement of $572,275.00 and will share costs related to repairs at the Stearns Road Pedestrian Bridge and Brewster Creek Stream Embankment Restoration of 50%; and
WHEREAS, the County desires to convey and the District desires to accept the Greenway Parcels so that the District can utilize and plan for the future use thereof and accessibility thereto for the benefit of the citizens of Kane County.
NOW, THEREFORE, BE IT RESOLVED that the Forest Preserve District of Kane County, Kane County Illinois, Board of Commissioners that the Intergovernmental Agreement between the County of Kane and the Forest Preserve District of Kane County for the conveyance of Stearns Road Greenway Parcels attached hereto and made part hereof as Exhibit A, be and hereby is approved, and the President and Secretary of the Forest Preserve District of Kane County are hereby authorized and directed to execute said agreement on behalf of the District, in accordance with its terms.
APPROVED AND PASSED on this 10th day of December 2024.
___________________________ ____________________________
Christopher Kious Myrna Molina
President, Kane Forest Preserve Secretary, Kane Forest Preserve
Kane County, Illinois Kane County, Illinois