R2021-49 Resolution Requesting Quick Take Authority to Acquire 1880 North Brush College Road for the Brush College Road over Faries Parkway Grade Separation Project

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RESOLUTION NO. PQ-0_�-J q"1 RESOLUTION REQUESTING QUICK TAKE AUTHORITY TO ACQUIRE PARCEL 39,LOCATED AT 1880 NORTH BRUSH COLLEGE ROAD FOR THE BRUSH COLLEGE ROAD OVER FARIES PARKWAY GRADE SEPARATION PROJECT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DECATUR, ILLINOIS: WHEREAS, the City of Decatur(hereinafter the "City"),by virtue of 65 ILCS 5/11-61-1 and the Eminent Domain Act of the State of Illinois, is authorized to exercise the right of eminent domain to acquire property located in an unincorporated area outside of but adjacent and contiguous to its corporate limits deemed necessary and desirable for street and highway purposes by negotiation or eminent domain proceedings; and, WHEREAS, the City of Decatur has developed plans for the Brush College Road Over Faries Parkway Grade Separation Project; and, WHEREAS, the City has initiated negotiations for and has acquired the majority of rights-of-way needed for the project; and, WHEREAS, in order to obtain the remaining necessary highway right-of-way to build the Grade Separation Project, the City has engaged in negotiations with the owners of 1880 North Brush College Road(Parcel 39) described below. Said negotiations have not yet resulted in the acquisition of said right-of-way,but said negotiations shall continue in earnest; and, Lot 8 of Westlake 2nd Addition of Outlots to the City of Decatur, as per Plat recorded in Book 335, Page 591 of the Records in the Recorder's Office of Macon County, Illinois also known as 1880 North Brush College Road WHEREAS,the City desires to continue to expedite the Grade Separation Project to ensure the obligation of allocated federal funds that have been awarded to the Project and to ensure timely completion thereof, and, WHEREAS,the Eminent Domain Act(735 ILCS 30/1-1-1, et. seq.) allows the Illinois General Assembly to grant quick take authority to various units of government throughout the . State of Illinois, including the City,that allows for the acquisition of real property prior to a final judicial determination of just compensation; therefore, and, WHEREAS, Quick Take authority would allow the City to acquire the above-described parcel for the Grade Separation Project necessary for the construction of the Project and to advertise and let contracts for said construction in the spring and summer of 2021; and,