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TO: Mayor Richard C. Irvin
FROM: Jill N Morgan
DATE: June 22, 2023
SUBJECT:
Construction of a right turn lane and a pedestrian/bicycle path on property owned by DuPage County at the southwest corner of Bilter Road and N. Eola (DuPage County Highway Department - 23-0498 / NA/05-23.302-DED/E - JM - Ward 10)
PURPOSE:
To obtain an easement from DuPage County to allow for the construction of the above-described improvements.
BACKGROUND:
Pursuant to a previous agreement, the City's Engineering Division requires Seefried Properties, the developer of a data center on the adjacent property to construct right turn lane onto N. Eola Road to address various traffic concerns and to construct a sidewalk/bike path to connect the sidewalk/bike path along the frontage of their development to the sidewalk/bike path on N. Eola Road. A portion of these public improvements will need to be constructed on real property owned by the County of DuPage. Therefore, the City must obtain an easement from the County to allow for their placement.
For the County, a non-home rule unit of local government, to convey an easement to the City, both parties are obligated to follow the Local Government Property Transfer Act. The Act requires the City Council to first, by ordinance, declare that it is necessary obtain an easement over the property to use, occupy or improve for a public purpose -- in this case, roadway and path improvements. Once this step is complete, the County Board must by a 2/3 vote approve the City's request for the easement.
DISCUSSION:
Whenever a development requires that public improvements be installed by a developer, the developer is responsible for the full cost of those improvements, which are then formally accepted by the City at the conclusion of the project. After acceptance, the City is responsible for the ongoing maintenance of those improvements. Typically, the acceptance includes rights to the real estate upon which the improvements were constructed.
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