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HomeMy WebLinkAbout89-281 Randall Road Access January 3 , 1990 MEMORANDUM TO : Marie Yearman , City Clerk FROM: Roger Dahlstrom , Planning Director SUBJECT : Randall Road Access Agreement Attached is an original , executed and sealed copy of a "Memorandum of Intergovernmental Agreement Randall Road - I- 90 Illinois Tollway to South Street City of Elgin and County of Kane" . Also attached is an original , executed and sealed copy of Kane County Resolution No . 89- 281 authorizing execution of the memorandum of intergovernmental agreement . Please place these documents on file . We have retained a photocopy for our records . RKD /sll Attachment cc : Larry L. Rice , City Manager STATE OF ILLINOIS COUNTY OF KANE RESOLUTION NO. 89- 7 5/\ MEMORANDUM OF INTERGOVERNMENTAL AGREEMENT RANDALL ROAD - I-90 ILLINOIS TOLLWAY TO SOUTH STREET CITY OF ELGIN AND COUNTY OF KANE WHEREAS, the CITY and COUNTY, in order to facilitate and assure the proper flow of traffic on Randall Road between I-90 Illinois Tollway and South Street at present and in the future, wishes to limit direct street cut access from properties adjoining Randall Road; and WHEREAS, Article VII , Section 10 of the Constitution of the State of Illinois authorizes the joint exercise of power by units of local government; and, WHEREAS, the CITY and the COUNTY have determined that limitations on street cut access to Randall Road are necessary for proper trans- portation planning and land use planning in the Randall Road corridor between I-90 Illinois Tollway and South Street. NOW, THEREFORE BE IT RESOLVED by the County Board of the County of Kane that the Chairman of the County Board be, and is hereby author- ized and directed to execute on behalf of the County of Kane the Memorandum of Agreement between the City of Elgin and the County of Kane . PASSED by the Kane County Board on VA \y,S3ck ATTEST: (? 4 4--4--/-0--/ - _,,.....,4 4 414._ lerk, County Board C airman, County B and Kane County, Illinois Kane County, Illinois ttS +7 4,)1fl- � r MEMORANDUM OF INTERGOVERNMENTAL AGREEMENT RANDALL ROAD - I-90 ILLINOIS TOLLWAY TO SOUTH STREET CITY OF ELGIN AND COUNTY OF KANE This Memorandum of Agreement made and entered into this \ate day of �g � , A.D. , 1989 by and between the City of Elgin, a municipal corporation of the Counties of Kane and Cook, State of Illinois, hereinafter referred to as "CITY" and the County of Kane, State of Illinois, hereinafter referred to as "COUNTY" . WITNESSETH WHEREAS, the CITY and the COUNTY, in order to facilitate and assure the proper flow of traffic on Randall Road between I-90 Illinois Tollway and South Street at present and in the future, wishes to limit direct street cut access from properties adjoining Randall Road; and, WHEREAS, Article VII, Section 10 of the Constitution of the State of Illinois authorizes the joint exercise of power by units of local government; and, WHEREAS, the CITY and the COUNTY have determined that limitations on street cut access to Randall Road are necessary for proper transportation planning and land use planning in the Randall Road corridor between I-90 Illinois Tollway and South Street; and, WHEREAS , Randall Road lying between the intersection of I-90 Illinois Tollway and the intersection of South Street is located within the City and the County. NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1 . The CITY agrees that, to the extent of its lawful authority to do so, it shall cause all forms of development approvals; including but not limited to grants of special use, approval of zoning map amendments, approval of plats of subdivision and agreement for annexation; for territory adjoining Randall Road between I-90 Illinois Tollway and South Street to include provisions for the prohibition of direct street cut access to Randall Road except as provided for herein and consistent with Exhibits A, B, and C attached hereto. 2. The COUNTY agrees that, to the extent of its lawful authority to do so, it shall cause all forms of development approvals; including but not limited to grants of special use, approval of zoning map amendments and approval of plats of subdivision; for territory adjoining Randall Road between I-90 Illinois Tollway and South Street to include provisions for the prohibition of direct street cut access to Randall Road as an element of site development, except as provided for herein and consistent with Exhibits A, B, and C attached hereto. 3 . The City and the County agree that each, to the extent of its authority to do so, shall require alternative means of roadway access for the properties adjoining Randall Road between I-90 Illinois Tollway and South Street in substantial conformance with Exhibits A, B, and C; and particularly described as follows : Parcel 1 shall have no direct street cut access to Randall Road and shall be served by Mason Road realigned . Parcel 2 shall have no direct street cut access to Randall Road and shall be served by Mason Road realigned. Parcel 3 shall have no direct street cut access to Randall Road and shall be served by Essex Lane. Parcel 4 shall have direct street cut access to Randall Road at Station BF. Parcel 5 shall have no direct street cut access to Randall Road and shall be served by Fox Lane. Parcel 6 shall have no direct street cut access to Randall Road and shall be served by an internal roadway system to be located on the subject property and properties to the east. Parcel 7 shall have no direct street cut access to Randall Road and shall be served by an internal roadway system to be located on the subject property and properties to the east. Parcel 8 shall have no direct street cut access to Randall Road and shall be served by Fox Lane. Parcel 9 shall have no direct street cut access to Randall Road and shall be served by Capital Street extended. Parcel 10 shall have no direct street cut access to Randall Road and shall be served by Capital Street extended. Parcel 11 shall have no direct street cut access to Randall Road and shall be served by Fox Lane realigned. Parcel 12 shall have no direct street cut access to Randall Road and shall be served by Capital Street extended. Parcel 13 shall have no direct street cut access to Randall Road and shall be served by Holmes Road extended. Parcel 14 shall have no direct street cut access to Randall Road and shall be served by Capital Street extended. Parcel 15 shall have no direct street cut access to Randall Road and shall be served by Holmes Road extended. Parcel 16 shall have no direct street cut access to Randall Road and shall be served by Holmes Road extended. Parcel 17 shall have no direct street cut access to Randall Road and shall be served by Big Timber Road. Parcel 18 shall have no direct street cut access to Randall Road and shall be served by Big Timber Road. Parcel 19 shall have no direct street cut access to Randall Road and shall be served by an internal roadway system to be located on the subject property and properties to the north. Parcel 20 shall have no direct street cut access to Randall Road and shall be served by Big Timber Road. Parcel 21 shall have no direct street cut access to Randall Road and shall be served by Big Timber Road. Parcel 22 shall have no direct street cut access to Randall Road and shall be served by Big Timber Road. Parcel 23 shall have no direct street cut access to Randall Road and shall be served by an internal roadway system to be located on the subject property and properties to the east. Parcel 24 shall be served by limited residential driveway access. Parcel 25 shall be served by limited residential driveway access. Parcel 26 shall be served by limited residential driveway access. Parcel 27 shall have no direct street cut access to Randall Road and shall be served by an internal roadway system to be located on the subject property and properties to the east. Parcel 28 shall have no direct street cut access to Randall Road and shall be served by an internal roadway system to be located on the subject property and properties to the south. Parcel 29 shall have no direct street cut access to Randall Road and shall be served by an internal roadway system to be located on the subject property and properties to the east. Parcel 30 shall have no direct street cut access to Randall Road and shall be served by an internal roadway system to be located on the subject property and properties to the east. Parcel 31 shall have no direct street cut access to Randall Road and shall be served by Fletcher Drive. Parcel 32 shall have no direct street cut access to Randall Road and shall be served by Fletcher Drive. Parcel 33 shall have no direct street cut access to Randall Road and shall be served by Fletcher Drive. Parcel 34 shall have no direct street cut access to Randall Road and shall be served by Royal Boulevard. Parcel 35 shall have no direct street cut access to Randall Road and shall be served by Royal Boulevard extended. Parcel 36 shall have no direct street cut access to Randall Road and shall be served by Royal Boulevard. Parcel 37 shall have no direct street cut access to Randall Road and shall be served by West Highland Avenue. Parcel 38 shall have no direct street cut access to Randall Road and shall be served by an internal roadway system to be located on the subject property and properties to the east. Parcel 39 shall have no direct street cut access to Randall Road and shall be served by West Highland Avenue. Parcel 40 shall have no direct street cut access to Randall Road and shall be served by West Highland Avenue. Parcel 41 shall have no direct street cut access to Randall Road and shall be served by West Highland Avenue. Parcel 42 shall be served by limited residential driveway access. Parcel 43 shall be served by limited residential driveway access . Parcel 44 shall be served by limited residential driveway access. Parcel 45 shall be served by limited residential driveway access. Parcel 46 shall be served by limited residential driveway access. Parcel 47 shall have no direct street cut access to Randall Road and shall be served by West Highland Avenue. Parcel 48 shall be served by limited residential driveway access. Parcel 49 shall be served by limited residential driveway access. Parcel 50 shall be served by limited residential driveway access. Parcel 51 shall have no direct street cut access to Randall Road and shall be served by Almora Drive. • . Parcel 52 shall have no direct street cut access to Randall • Road and shall be served by Windmere Drive. Parcel 53 shall have no direct street cut access to Randall Road and shall be served by Almora Drive Parcel 54 shall be served by limited residential driveway access . Parcel 55 shall be served by limited residential driveway access. Parcel 56 shall have no direct street cut access to Randall Road and shall be served by Windmere Drive. Parcel 57 shall be served by limited residential driveway access. Parcel 58 shall be served by limited residential driveway access. Parcel 59 shall be served by limited residential driveway access. Parcel 60 shall be served by limited residential driveway access. Parcel 61 shall be served by limited residential driveway access. Parcel 62 shall have no direct street cut access to Randall Road and shall be served by Brookside Drive. Parcel 63 shall have direct street cut access to Randall Road at Station IF. Parcel 64 shall have no direct street cut access to Randall Road and shall be served by Brookside Drive. Parcel 65 shall be served by limited residential driveway access. Parcel 66 shall have no direct street cut access to Randall Road and shall be served by Howard Drive. Parcel 67 shall have no direct street cut access to Randall Road and shall be served by an internal roadway system to be located on the subject property and properties to the east. Parcel 68 shall have no direct street cut access to Randall Road and shall be served by Howard Drive. Parcel 69 shall have no direct street cut access to Randall Road and shall be served by Winhaven Drive. Parcel 70 shall have no direct street cut access to Randall Road and shall be served by Winhaven Drive. Parcel 71 shall have no direct street cut access to Randall Road and shall be served by an internal roadway system to be located on the subject property and properties to the north. Parcel 72 shall have no direct street cut access to Randall Road and shall be served by an internal roadway system to be located on the subject property and properties to the south. Parcel 73 shall have no direct street cut access to Randall Road and shall be served by an internal roadway system to be located on the subject property and properties to the north. This parcel shall be served by emergency access to Randall Road. Parcel 74 shall have no direct street cut access to Randall Road and shall be served by Foothill Road. Parcel 75 shall have no direct street cut access to Randall Road and shall be served by Weld Road. Parcel 76 shall have no direct street cut access to Randall Road and shall be served by Weld Road realigned. Parcel 77 shall have direct street cut access to Randall Road at Station KF. Parcel 78 shall have no direct street cut access to Randall Road and shall be served by Weld Road realigned. 4 . The City and the County agree to require the dedication of right of way and the construction of a rural crossection cul-de-sac designed to eliminate direct street cut access to Randall Road for Almora Drive and Windmere Drive at some time during the term of this agreement. 5 . The City and the County agree that direct street cut access to Randall Road for existing Fox Lane east of Randall Road shall be closed following the City' s acceptance of all roadway and utility improvements associated with the realignment of Fox Lane east of Randall Road. 6 . The City and the County agree that direct street cut access to Randall Road for Weld Road west of Randall Road shall be closed following the City' s acceptance or the County' s acceptance of all roadway and utility improvements associated with the realignment of Weld Road west of Randall Road. 7. Limited residential driveway access refers to an existing driveway required to provide access to property containing improvements designed, intended and used for residential purposes. Limited residential driveway access to Randall Road shall be permitted to continue in operation for territory having no planned or existing alternative points of access to a public street but shall be closed at the time the property is combined with adjoining property and/or alternative street access becomes available. Limited residential driveway access is not intended to serve commercial or industrial uses. 8. The City and the County agree that it may be necessary and desirable to permit emergency access to some parcels of property adjoining Randall Road. Such access shall be limited to use by official emergency vehicles and shall be considered and approved on a case by case basis. The location, design and construction of emergency access shall require approval by the City and the County. 9. The City and the County agree that it may be necessary and desirable to permit public maintenance access to some parcels of publicly owned property adjoining Randall Road. Such access shall be limited to use by official maintenance vehicles and shall be considered and approved on a case by case basis . The location, design and construction of maintenance access shall require approval by the City and the County. 10. Any other unspecified parcels shall have no direct street cut access to Randall Road. 11 . This agreement shall be binding upon and inure to the benefit of the parties hereto, their successors, and assigns for a term of twenty (20) years. COUNTY OF KANE CITY 00F EL Ile By 7,4-ce+-4 BYp Chairman, CourBoard y Manag-r Attest: Attest: Clerk, County Board City Clerk ,— ‘ BY Deputy Clerk ,4., EXHIBIT A 1 1 tipRl 1 Afii,Fsr o I I -1 MASON ROAD r • I *4( / r I 424Ep i I I 1 _ I I - s I I I I -� , , / • , , TOC` • I c. mi / TOLLWAY ON-RAMP k'ilk N. 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C...,,...........1°Ibil°c°341 1 • , i 111 1 v S 1 I1sit ?p yp4ss D I i I r RoAc 1 r� 1 i1 © -�-- t / i1 1/ 1, tt----\\ i• t rr �� 1 / i _ �" I r! �• 1 1 J 1 — I ."- - 1 u 1 „ -- k .",..1„- , ..- ♦i 1 1 ,_ - " - I Ili II V 1 I 1 *• 1 I '-,-� it:oa I I • I . 1 I 1 tkO ; rs C °V:: 1 V ,rid eon's RESOLUTION AUTHORIZING EXECUTION OF A MEMORANDUM OF INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY OF KANE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that James J. Cook, City Manager, and Marie Yearman, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the County of Kane regarding access restrictions to Randall Road between the Northwest Tollway and Hopps Road, a copy of which is attached hereto and made a part hereof by reference. George VanDeVoorde, Mayor Presented: October 11, 1989 Adopted: Vote: Yeas Nays Recorded: Attest: Marie Yearman, City Clerk HART AY40( [Alt oFtp(mAi I I) REAL ESTATE INVESTMENT& DEVELOPMENT • September 26 , 1989 Mr. Nabi Fakroddin Kane County Division of Transportation 41W011 Burlington Road St . Charles , IL 60175 Dear Mr. Fakroddin: We are pleased to learn that the County and the City of Elgin have agreed upon the Randall Road corridor and it access points within and near the City. This roadway is obviously very critical to Kane County and the cities Lind villages along its route . We would like to take this opportunity to formally request that the traffic plan that we have developed for the proposed shopping center at the southeast corner of Route 20 ( Lake Street ) and Randall Road be approved. For your use we have enclosed a site plan indicating the points of access we desire and are prepared, at this time , to meet with you and your staff to discuss the conditions the County will require to approve this plan. You have already been supplied a traffic study by Metro Transportation which deals with the enclosed plan . We suggest a meeting be set for Friday, October 5th at 10: 00 AM to meet at your offices to discuss this matter and prepare for submission to the Transportation Committee at its next meeting . We will be in touch to confirm this time and date, or if inconvenient , to choose an alternate date . Sincerely , Charter Associates , Inc . Jay S . Eigel cc: Mr. Bill Shewalter, Homart Community Centers Group Mr. James Cook , City of Elgin Mr. Terry Hefron, Kane County Division of Transportation 745 McClintock Drivt,Suitc 120 • Burr Ridgc, Illinois 60521 • (312)323-537' October 3 , 1989 MEMORANDUM TO: Mayor and Members of the City Council FROM: City Manager SUBJECT: Intergovernmental Agreement City of Elgin and Kane County PURPOSE To present an amended intergovernmental agreement regarding access restrictions for Randall Road. BACKGROUND On August 14 , 1989 , the City Council considered a proposed amendment to an intergovernmental agreement between the City of Elgin and Kane County regarding access to Randall Road. On a vote of seven (7) to zero (0) the Council approved the proposed amendments and directed the staff to forward the agreement to Kane County for consideration. The Traffic Committee of the Kane County Board considered the proposed, amended agreement on September 20, 1989 and recommended County Board approval. During the course of Kane County consideration and as a result of ongoing analysis of projected traffic flow on Randall Road, there have been two minor revisions to the proposed agreement as presented to the City Council on August 14 , 1989. These revisions involve roadway intersections at points CP and GF referenced on exhibits attached to the agreement. Intersection CP (Realigned Fox Lane) is now shown as a partial intersection with Randall Road and intersection GF (Royal Boulevard Extended) is now shown as a full intersection with Randall Road. In the original proposed amendment these were shown as full and partial intersections, respectively. -Page 1- 1-\ FINANCIAL IMPACT There is no financial impact associated with this item. RECOMMENDATION It is recommended that the City Council approve the amended intergovernmental agreement. I CJy to-ti J mes J. C ok, City Manager -Page 2- The Illinois State Toll Highway Authority Illinois 2001 West 22nd Street Oak Brook,Illinois 60521 LTollw j' 312/574-2000 Fax:312/954-2797 July 17 , 1989 Mr . James Cook City of Elgin 150 Dexter Elgin, I1 60120 Dear Mr . Cook, The Illinois State Toll Highway Authority cordially invites you to attend a Ground Breaking Ceremony for the construction of an interchange at Randall Road on I-90, the Northwest Tollway. Please join us for the Ground Breaking on August 4 , 1989 at 9: 30am on the construction site, located at M.P. 27 on the Northwest Tollway west of the Elgin Toll Plaza. Please use the following directions to access site. Exit I-90 at Route 31 South to Big Timber Road, turn right to Randall Road (approximately 2. 25 miles) , turn right over Tollway to Groundbreaking Site. Kindly R. S.V.P. to Sari Mintz , Manager of Public Relations, (312) 574-2000 Ext: 219, by July 31 , 1989. We hope to see you there. Sincerely, Thomas H. Morsch Jr . Executive Director THM:SM:smr June 12 , 1989 MEMORANDUM TO: Mayor and Members of the City Council FROM: City Manager SUBJECT: Development at Randall and I-90 PURPOSE: This memo will provide a summary of the current status of the proposed development on the southeast corner of Randall and I-90 . BACKGROUND: Many issues have been resolved in the negotiation of the proposed preannexation agreement (which is enclosed with your agenda packet) . Four issues remain: 1 . The question of treatment of the barn. The agreement provides that the developer will cooperate with any governmental agency or group that wants to relocate the barn and will make a cash contribution to assist in the move. Not yet defined is the amount of the contribu- tion. 2 . The participation of the City of Elgin in the street and water line relocation . The company has proposed 50 percent participation in the road by the City. This would be consistent with our roadway improvements on Lovell Road in the Scilabra development north of Route 19 . They have also asked that the City not recapture from the south side of the road (Knowles property) . The staff has indicated we would support to 50 percent, but that a calendar be attached to the recapture limitation. If the Knowles property develops within five years , there would be no recapture. If it does not, provide this economic incentive, then at such time as it develops it would be required to pay a recapture to the City. The water line is also proposed for 50 percent partici- pation by the City , with no recapture . Since the Knowles property already paid for the water line on Randall and Fox, no recapture would be possible anyway. Staff has estimated roughly that the road and water projects might total $450 ,000 . We have asked the company to put a dollar cap on the total amount they would request for City participation. They have agreed, but have not yet identified an amount. N Mayor and Members of the City Council June 12 , 1989 Page 2 Staff has projected the economic impact just for the City of Elgin from this investment. The land will go on the tax rolls at $2 . 50 per square foot. The build- ings are estimated by the company at $65 ,000 ,000 , and staff believes the total will be higher. The impact will be as follows (under very conservative estimates) : Full Assessed Value Value A. Current farm land appraisal 100 acres @ $100/acre $ 10 ,000 $ 3 , 333 (value 1/1/89-taxes paid in 1990) B. Office/manufacturing appraisal 100 acres @ $100 , 000/acre 10 ,000, 000 3 , 333, 333 (value 1/1/90-taxes in 1991) C. Appraisal under construction 100 acres @ $110 ,000/acre 10 ,000, 000 3 , 333 , 333 50% 65 ,000 ,000 32 ,500 ,000 10 , 833 , 333 (value 1/1/91-taxes in 1992) $14 , 166 ,666 D. Appraisal when complete 100 acres @ $110, 000/acre $10 , 000 ,000 $ 3 ,333, 333 Buildings and improvements 65 ,000 ,000 21 ,666 ,667 $25 ,000 ,000 Applying these numbers to the current Elgin rate of $1 . 9049 per $100 of assessed value shows: Taxes 1990 $ 63 . 49 1991 63 ,496 . 66 1992 269, 860. 83 1993 476 ,225 . 00 This , of course, assumes no further increase in land values , etc. and a consistent tax rate. The staff believes that getting all of this developed at one time, coupled with the elimination of water, sewer and street maintenance associated with the original CMD development, is a financial benefit far exceeding the proposed City participation. Mayor and Members of the City Council June 12 , 1989 Page 3 3. The third issue is the amendment of the agreement with Kane County to provide a third intersection on Randall Road. We have been notified by Kane County staff that the traffic data supplied by the company' s traffic engineer is acceptable and the preliminary indication is that County staff believes a modified agreement can be negotiated. 4 . The fourth issue deals with the impact on the labor force. Fortunately, the company is planning a two year development which will permit some absorption in a very tight market. To date , we do not know where they are relocating from nor how many employees they expect to commute or relocate . We have been promised this data at a meeting scheduled for Tuesday, June 13 . SUMMARY: Final agreement appears to be within reach. A meeting will be held on June 13 to try to put dollar amounts in the blanks of the agreement. Final approval, of course, is up to the City Council . Fames J Cook, City Manager JJC:amp KANE COUNTY ••• s, DIVISION of TRANSPORTATION t s ,N I°.I°�• Nabi R. Fakroddin, Director 'TE110"' Superintendent of Highways June 1, 1989 Randall Road/I-90 Interchange Mr. Tony Karam Chief Tollway Engineer Illinois State Toll Highway Authority 2001 W. 22nd Street Oak Brook, Illinois 60521 Dear Tony: Pursuant to my telephone conversation with you today, please be advised the major portion of the Right-of-Way in the North- east and Southeast quadrant at Randall Road/I-90 intersection have been acquired and the remaining small parcels will be in our possession very shortly. We feel comfortable at this time to advise you to stay on schedule with the contract bid letting advertised for June 9 , 1989 for the subject project. All ROW will be clear and free of any emcumbrances for construction to begin as scheduled on July 5, 1989 . Very truly /\ •tru(lly yours , `���GZ�%l) NRF/dp CC/ Jim Slifer - IDOT James Cook - City of Elgin James Rakow - Mchenry County 41 W 011 Burlington Road, St. Charles, Illinois 60175 • (312) 584-1170 . ' December 27 , 1988 MEMORANDUM TO: Mayor and Members of the City Council FROM: City Manager SUBJECT: Randall Road Interchange Attached is correspondence between the County and Mr. Bartels with regard to the acquisition of property for the Randall Road interchange. Although confidential in that it involves property negotiation, Mr. Fakroddin of the Highway Department has agreed to my sharing it with you but asked that it not be discussed or distributed beyond you. In discussion this morning, the latest position of Mr. Bartels appears to be that he will sign the documents within one week. His attorney has indicated that item 6 is still a matter at issue , as Mr. Bartels is taking the position that it is of the utmost importance that the inter- change be constructed this spring. (This is amusing since delay through this entire 1988 construction season has been caused by Mr. Bartels. ) Mr. Fakroddin has indicated that he will keep us posted on what happens this week and I , of course , will notify you . iN arti , / 1 41111(11( J. C, , City Manager JJC:amp Attachment COUNTY OF KANE COUNTY BOARD ............ 719 So. Batavia Avenue Geneva, Illinois 60134 Ptione: (312)232-5931 / : December 12, 1988 Mr. Walton R. Bartels Project: I-90/Randall Interchange 37W601 Binnie Road Section: 87-002030-90-GS Dundee, Illinois 60018 Parcels: N-4D-56.3, -56.4, -56.5A,-56.5B & -56.6 H. Greg Meyer, Esquire Cromer, Wittenstrcm & Meyer, P.C. 74 Market Street Elgin, Illinois 60121-0209 Gentlemen: In response=to.your:request, through Jim Driessen, for our attendance at a meeting at the Kane County Highway Department with Messrs. Fakroddin and Driessen regarding land acquisition for the above captioned project, we must respectfully decline. The County has retained Mr. Driessen to serve as our negotiator in this matter. We have full faith in his integrity, and complete confidence in his ability to correctly and fairly represent the interests of Kane County, and the Illinois State Toll Highway Authority, in negotiations with you. We have been continuously apprised of all of the negotiations and corres- pondence with you to date. He has full authority to speak on behalf of the County, and we will stand behind any written commitment he makes to you regarding right-of-way acquisition. We ask that you give him your full cooperation so that a mutually satisfactory conclusion to the negotiations may be achieved at the earliest possible date. Very truly yours, rank R. Mil2137h.:!ft:ane County Board Bennett Shoop, thairmn, Transportation Comittee . cc: Nabi_ R. Fakroddin, Superintendent James H. Driessen, Land Acquisition Agent • I Universal Consultants Limited 107 WEST MAIN STREET, SAINT CHARLES, ILLINOIS 60174 (314) 377-1776 December 16, 1988 H. Greg Meyer, Esquire Project: I-90/Randall Interchange Gromer, Wittenstrom & Meyer, P.C. Section: 87-002030-90-GS Suite 1 County: Kane 75 Market Street Parcels: N-4D-56.3, -56.4, Elgin, Illinois 60121-0209 -56.5A,-56.5B & -56.6 Re: Five right-of-way parcels owned by Bartels Farming Corporation Dear Mr. Meyer: In reply to your "latest position" letter of 12/13, this letter is to reiterate the County's position as stated in my 9/30 letter to you, that is, "the County is willing to accommodate your client's wishes for full traffic access to the remainder of his property in the northeast quadrant". Specifically, an access road providing for two-way traffic with full access to and from Randall Road, and full access to your client's property at the easterly end of the access road, will be constructed. As an inducement to your client for the timely conveyance of the right-of-way, the County is willing to provide written assurance to your client regarding the above items. It is therefore our recommendation that you proceed to draft an agreement for execution to coincide with the execution of the conveyance documents for the r-o-w parcels. To simplify the drafting of the agreement, I have taken the liberty of marking up a copy of your 12/13 letter to delete the language we find superfluous or inappropriate, and adding a few words for clarification. We anticipate substantial completion of the redesigned construction drawings, legal descriptions and parcel plats as early as mid January. Inclusion of those items as exhibits to the agreement will eliminate the need to specify details of paving, shoulder and r-o-w widths or areas within the body of the agreement. We have been advised that there will be a separate legal description and plat for the access road, and further, that ISTHA does not wish to take title to the access road r-o-w, or to bear any responsibility for its maintenance. This clearly simplifies the situation, as it appears that all of those matters of concern to you will now fall under the jurisdiction of the County, and thereby obviate any necessity for ISTHA to be a party to the agreement. Again, please bear in mind that all of the physical aspects of the r-o-w parcels and the improvements can be addressed by incorporating into the agreement all of the applicable plans, plats and legals which will become available prior to the execution of the agreement. We will be pleased to review your draft of the agreement upon receipt, and look forward to reaching a full accord with you by the time the plans and plats are available. Best regards, ,41a,tata,ty James H. Driessen Right-of-Way Acquisition Agent for the County of Kane Encl. (1) xc: Kane County Board Kane County Highway Department Illinois State Toll Highway Authority • GROMER, WITTENSTROM & MEYER, P.C. • ATTORNEYS AT LAW SURE I.75 MARKET STREET P.O.SOX 1200 CLAR[MCE/.YII7'TEN T110M.JR. ELGIN.ILLINOIS 50121-020P EARL M.GROMER(RETIRED) R.GREG MEYER (312)7A1-6700 GCMOON o.ABBOTT 482.5-1•781) December 13, 1988 Mr. James H. Driessen Universal Consultants Limited an j]� l 107 West Main Street v St. Charles, IL 60174 C`C 14 1928 RE: Bartels Farming Corp. ;. ,l • � I-90 and Randall Road Interchange - ------__Its UNIVERSAL CONSULTANTS Dear Mr. Driessen: - f This letter is to advise you of our latest position for the preparation of a formal agreement. My client is prepared to enter into an agreement cn the following terms. 1. The various parcels described in your letters of April 15, 1988, and April ✓� 20, 1988, are referred to herein using your parcel references; ie, N-4D-56.13. 2. Bartels will convey title to the Illinois State Toll Highway Authority for parcels (a) N-4D-56.3 (b) N-4D-56.4 (c) N-4D-56.5A (subject to size determination and adjustment as described below) (d) N-4D-56.5-B and (e) N-4D- 56.6. 3. Bartels cash price for all parcels is $160,000.00 plus or minus the pro- rata amount of $12,000.00 per acre for the actual land to be conveyed as the finally determined size for parcel N-4D-56.5 A as a result of changes from 10.05 acres. 4. There will be no need for the acquisition of the eaesment parcel N-4D- 56.13, because Bartels will grant an easement to the adjoining landowner at no 4.•°'"--cost to you as part of an agreement with the adjoining landowner concerning future roadway improvements. 5. You will construct an intersection at Randall Road and an access road to the Bartels land, in the Northeast quadrant of the proposed interchange. le— of thc North linc of Bartcl3 parccl. The access road will intersect with Randall Road and permit two way, East-West, traffic. The improvcd portion of thc new eaoh far cido. The tollway off ramp and access road will be designed and constructed substantially as depicted on the attached Exhibit I. The access road and Randall Road intersection will be signalized in such a manner so as to create a full intersection, with right and left turns from . . • • . GROMER, WITTENSTROM S MEYER, P.C. Randall Road F. Th•• finr; rgr.-nt •Pro• r•Krie•• s‘renr-erf me - - to construct the described improvements, the intersection, the • -ss road, ane fe off ramp in substantial compliance with the agree - • so as to create an inter ion and access road creating public road ": of way access to Bartels Northeast •• e ant parcel; or a breach of . - erms of paragraphs 7, 8, 10, 11 and 12, would cons • • e a breach of - eement for which monetary damages would not be adequate. -r- -, a breach of the specified terms would constitute a breach of the al.. - - e er which no adequate remedy at law would exist. Any constru • on the Northe:.- euadrant not in substantial conformity with the -ement would, at the discrete • Bartels, be enjoined by an order o 7. • court of competent jurisdiction. Further, : e County and the I • •• tate Toll Highway Authority must consent to the jur• .1 ". of the •• e t Court of Kane County to determine the rights of the parties : • • • . — _ 7. Initially, Bartels will convey a termporary turnaround easement at the East end of the access road. After the access road is completed, Bartels will be IV allowed to "tap in" to the access road at its East end, without the payment of any fee or recapture, to create a continuous public road right of way to serve the Bartels parcel and the parcel adjacent to the East. . - - cons• • •• on the Bartels Northeast parcel and opened to continuo • - use by June 30, 1- . tels will be entitled to construct (o - • ete) the access road at the specified loca ".• • accordance w• • . - inal design standards of the Illinois State Toll Highway Au ie.; -• •on an easement, which shall come into existence on said da - • e benefit o tels parcel and such other parcels as he so ...ow to use the easement. Any public el. - aid access road sh: • - 'eject to the payment of reasonable compensation for the • : • the : • : - _ - - _ • . - /County of Kane 9. The access road will be owned and maintained by the Illinoic State Toll - .• • - *- - - - - - , as a public right of way. 10. Title to Parcel N-4D-5k42, (a proposed 33 foot private access) in fee simple, will be conveyed to Bartels. The North cnd of thc parcel will bc on a linc _ • • • • - - - ?:.• z f_. • • ' .:" : "_ :.• culvert pipe or other similar improvements will be installed, if necessary, to make the farm access to the West useable if n000ccary. ** subject to an access easement for the property owner to the west. 11. Kane County will agree to grant I1CCC33 to thc Wc3t (ever parcel N 4D . • . • I . ...•, . • undcrctanding that Kane County will exercise its authority over access to Randall Road so as to create a "cross" intersection at the site of the access road (or at such point which is at the intcrscctionef Roll:Jail and parcel N 4D -5C.12, • if the accc33 road i3 not built) when the property to the West is developed. 12. The -Biin,..;s Stat. R.,11-4fithway erathoty- itA Kane County frgree-ter--1 . . GROMER. WITTENSTROM & MEYER, P.C. - • - • - V_ - • - • f.- - _ - - = It is the parties intent that once created, the access roadway shall not be abandoned or vacated unless or until its use, present or future, would not be practical or desireable. The parties intend to create a roadway which will become a part of the roadway network on the Bartels parcel and the parcel adjacent to the East when and if such parcels are developed. However, nothing herein would allow a curb cut or side entry to the access road anywhere between Randall Road and the tollway ramp. While this letter represents Bartle's good faith bargaining position and the probable terms of a future agreement, everyone understands it is not a formal agreement. Therefore, until formal agreements are prepared, reviewed and accepted, each party preserves all of its rights to accept or reject the final terms offered by the other. Further, since this letter is offered in contemplation of the future settlement of threatened litigation, any references to values, etc. are not admissions of any kind. Bartels retains the right to seek just compensation through any appropriate court action until final agreements are reached and executed. Sincerely yours, GROMER, WI M & M ER, P.C. . 6regM= � %mei No. N-4D-56.6 - / ~ 1:4 • � sr4t • • f/ -560 ' - /7.. ..... . . 2r • • / ....... 4�t9 - • t N a t N **/ cll pr • 30•14• Qm __________. : ________ __ ___ __ , M-� ,j ; t Parcel No. N-4D-56.4 - Parcel No. N-4D-56.3 ,. -+1136 PI ' • D' /' ! . : z_ . • /1�, 't all fp fr„.. -; JIM 30 ii • ♦ �l 1�/ iT ,,.it r alins-Z7? -- l 400 ��` !off' M. ` ' Y' 6,3 .i -07 V I l° -• I t . ,x .`i s ' ,...:1:;10;-,c '� Com'. . • ;� . . - . „ �: :., ., ,yam,- . E 60' i c�. =arl arming -y O-s ;4 -'` 4r4 0 1 / .?.tom's ,yam et ;al D-5... }li•` t alt Yc S• ,4 + - �� ,4 �.,,..Lt- y'' -Y, `' I ♦3,r -ippe if 1 irA �' yy�''�-t.,•, '. +u1��4:i'-?� si _ r1w.� l.ii j •t:, '" _ 4 = t, PERMANENT EASEMENT ..;, �„ agi �. AREA= 1.31 Ac. '}• • • it .„Y, • t : 1 • r • -'l's o Forming Cp orofion -I 121 ate *0 `' as • <. o EXHIBIT I • COUNTY OF KANE COUNTY BOARD 719 So. Batavia Avenue '.��COfi"Ti''• Geneva. Illinois 60134 ••,k ,�` x s Phone: (312)232-5931 73/4"1\.44-0S"../ December 12, 1988 Mr. Walton R. Bartels Project: I-90/Randall Interchange 37W601 Binnie Road Section: 87-002030-90-GS Dundee, Illinois 60018 Parcels: N-4D-56.3, -56.4, -56.5A,-56.5B & -56.6 H. Greg Meyer, Esquire Gromer, Wittenstrom & Meyer, P.C. 74 Market Street Elgin, Illinois 60121-0209 Gentlemen: In response:to.your=request, through Jim Driessen, for our attendance at a meeting at the Kane County Highway Department with Messrs. Fakroddin and Driessen regarding land acquisition for the above captioned project, we must respectfully decline. The County has retained Mr. Driessen to serve as our negotiator in this matter. We have full faith in his integrity, and ccmplete confidence in his ability to correctly and fairly represent the interests of Kane County, and the Illinois State Toll Highway Authority, in negotiations with you. We have been continuously apprised of all of the negotiations and corres- pondence with you to date. He has full authority to speak on behalf of the County, and we will stand behind any written coamitment he makes to you regarding right-of-way acquisition. We ask that you give him your full cooperation so that a mutually satisfactory conclusion to the negotiations may be achieved at the earliest possible date. Very truly yours, rank R. Miller, 'rman, Kane County Board Bennett Shoop, Chai , Transportation Coclmittee . cc: Nabi_ R. Fakroddin, Superintendent James H. Driessen, Land Acquisition Agent • C wars Limited Universal Consultants 107 WEST MAIN STREET, SAINT CHARLES, ILLINOIS 60174 (313) 377-1776 December 16, 1988 H. Greg Meyer, Esquire Project: I-90/Randall Interchange Gromer, Wittenstrom & Meyer, P.C. Section: 87-002030-90-GS Suite 1 County: Kane 75 Market Street Parcels: N-4 D-56.3, -56.4, Elgin, Illinois 60121-0209 -56.5A,-56.5B & -56.6 Re: Five right-of-way parcels owned by Bartels Farming Corporation Dear Mr. Meyer: In reply to your "latest position" letter of 12/13, this letter is to reiterate the County's position as stated in my 9/30 letter to you, that is, "the County is willing to accommodate your client's wishes for full traffic access to the remainder of his property in the northeast quadrant". Specifically, an access road providing for two-way traffic with full access to and from Randall Road, and full access to your client's property at the easterly end of the access road, will be constructed. As an inducement to your client for the timely conveyance of the right-of-way, the County is willing to provide written assurance to your client regarding the above items. It is therefore our recommendation that you proceed to draft an agreement for execution to coincide with the execution of the conveyance documents for the r-o-w parcels. To simplify the drafting of the agreement, I have taken the liberty of marking up a copy of your 12/13 letter to delete the language we find superfluous or inappropriate, and adding a few words for clarification. We anticipate substantial completion of the redesigned construction drawings, legal descriptions and parcel plats as early as mid January. Inclusion of those items as exhibits to the agreement will eliminate the need to specify details of paving, shoulder and r-o-w widths or areas within the body of the agreement. We have been advised that there will be a separate legal description and plat for the access road, and further, that ISTHA does not wish to take title to the access road r-o-w, or to bear any respoTiability for its maintenance. This clearly simplifies the situation, as it appears that all of those matters of concern to you will now fall under the jurisdiction of the County, and thereby obviate any necessity for ISTHA to be a party to the agreement. J Again, please bear in mind that all of the physical aspects of the r-o-w parcels and the improvements can be addressed by incorporating into the agreement all of the applicable plans, plats and legals which will become available prior to the execution of the agreement. We will be pleased to review your draft of the agreement upon receipt, and look forward to reaching a full accord with you by the time the plans and plats are available. Best regards, <Ia/fAttoo#.:40...0_44„....) James H. Driessen Right-of-Way Acquisition Agent for the County of Kane End. (1) xc: Kane County Board Kane County Highway Department Illinois State Toll Highway Authority • GROMER, WITTENSTROM a MEYER, P.C. ATTORNEYS AT LAW surrc 1.75 MARKET$TRCET P.O.SOX MOs 0.A CJI ►.WR ITN515OM..IR ELGIN.ILLINOIS GOI2I-02O9 CARL K 6 R( cTrRCo) K OREG MEYER 4312)7.1-5700 iORDOH a ASSo T(*25457•) • December 13, 1988 Mr. James H. Driessen Universal Consultants Limited 11,107 West Main StreetL5 I'� vSt. Charles, IL 60174 '• O(\/7[I RE: Bartels Farming Corp. ;S • EEC I41988 I-90 and Randall Road Interchange . - --- �1 UNIVERSAL CONSULTANTS Dear Mr. Driessen: L- - - This letter is to advise you of our latest position for the preparation of a formal agreement. My client is prepared to enter into an agreement on the following terms. 1. The various parcels described in your letters of April 15, 1988, and April ✓ 20, 1988, are referred to herein using your parcel references; ie, N-4D-56.13. 2. Bartels will convey title to the Illinois State Toll Highway Authority for parcels (a) N-4D-56.3 (b) N-4D-56.4 (c) N-4D-56.5A (subject to size determination and adjustment as described below) (d) N-4D-56.5-B and (e) N-4D- 56.6. 3. Bartels cash price for all parcels is $160,000.00 plus or minus the pro- rata amount of $12,000.00 per acre for the actual land to be conveyed as the finally determined size for parcel N-4D-56.5 A as a result of changes from 10.05 acres. 4. There will be no need for the acquisition of the eaesment parcel N-4D- 56.13, because Bartels will grant an easement to the adjoining landowner at no 4.0".--cost to you as part of an agreement with the adjoining landowner concerning future roadway improvements. 5. You will construct an intersection at Randall Road and an access road to the Bartels land, in the Northeast quadrant of the proposed interchange. re--- -- . . b.. . of the North line of 13c-rtcb pareel. The access road will intersect with Randall Road and permit two way, East-West, traffic. oaoh far cido. The tollway off ramp and access road will be designed and constructed substantially as depicted on the attached Exhibit I. The access road and Randall Road intersection will be signalized in such a manner so as to create a full intersection, with right and left turns from • ^ROMER. WITTENSTROM & MEYER. P.C. Randall Road iaass.— :�• - - to construct the described improvements, the intersection, the = • -ss road, an. .e off ramp in substantial compliance with the agree - so as to create an inter ion and access road creating public road •: of way access to Bartels Northeast • • • • ant parcel; or a breach of • - erms of paragraphs 7, 8, 10, 11 and 12, would cons ' e a breach of - - • eement for which monetary damages would not be adequate. -r- - -, a breach of the specified terms would constitute a breach of the as - e .r which no adequate remedy at law would exist. Any constru '. on the Northe:•. •uadrant not in substantial conformity with the = _ -ement would, at the discrete• • Bartels, be enjoined by an order o • court of competent jurisdiction. Further, : e County and the I ' •- tate Toll Highway Authority must consent to the jur' • '•. of the '• *it Court of Kane County to determine the rights of the parties : • • the tzn ars of the aaretmcr►t. 7. Initially, Bartels will convey a termporary turnaround easement at the East end of the access road. After the access road is completed, Bartels will be IV allowed to "tap in" to the access road at its East end, without the payment of any fee or recapture, to create a continuous public road right of way to serve the Bartels parcel and the parcel adjacent to the East. cons• • - • on the Bartels Northeast parcel and opened to continuo • - • use by June 30, 1. • . s_ tels will be entitled to construct (o - • ete) the access road at the specified loo: '. ' accordance ' • • - inal design standards of the Illinois State Toll Highway Au i••-' - •on an easement, which shall come into existence on said da - e benefit o • := tels parcel and such other parcels as he s• : - -.sow to use the easement. Any public Il - aid access road sh: • _ ..sect to the payment of reasonable compensation for the ' :. • - • the /County of Kane 9. The access road will be owned and maintained by the Dlinoic State Toll _ • - - ' - . - - -_. -- _ - as a public right of way. 10. TiUe to Parcel N-4D-5f..2; (a proposed 33 foot private access) in fee simple, will be conveyed to Bartels. The North cnd of thc parcel will be on a line _ •- ••• • - - = = - -• = culvert pipe or other similar improvements will be installed, if necessary, to make the farm access to the West useable ** subject to an access easement for the property owner to the west. 11. Kone County will agree to wont nece33 to thc Wc-st(ever parcel N 4D - . ...� undcPctanding that Kane County will exercise its authority over access to Randall Road so as to create a "cross" intersection at the site of the access road if thc accc33 c oed b net built) when the property to the West is developed. • - -Co:ROMER, WITTENSTROM & MEYER. P.C. - . ;. . - !...".- - • ; - . . . 0 . . . - ;._ ; ; - _ ; _ - - • - - • ; - - ;_• ; ;_- ; Itis the parties intent that once created, the access roadway shall not be abandoned or vacated unless or until its use, present or future, would not be practical or desireable. The parties intend to create a roadway which will become a part of the roadway network on the Bartels parcel and the parcel adjacent to the East when and if such parcels are developed. However, nothing herein would allow a curb cut or side entry to the access road anywhere between Randall Road and the tollway ramp. While this letter represents Bartle's good faith bargaining position and the probable terms of a future agreement, everyone understands it is not a formal agreement. Therefore, until formal agreements are prepared, reviewed and accepted, each party preserves all of its rights to accept or reject the final terms offered by the other. Further, since this letter is offered in contemplation of the future settlement of threatened litigation, any references to values, etc. are not admissions of any kind. Bartels retains the right to seek just compensation through any appropriate court action until final agreements are reached and executed. Sincerely yours, GROMER, WI ES 67;l1YER, P.C. "..4&111MITleAfr . /. ... 1 A... . --Porte! No. N-4D-56 6 - v -Cs). 4 '4 56. 1 i. •t2 _ • tq • , s cn . •/s - • � " C N • f ,,t 30.-14' •` G � _ __ -___ __ / .(//I NIT / Parcel No. N-4D-56.4 - . / i� Parcel No. N-4D-56.3 :_:"% 4 awrinP ihr MN,t '�!fit ± .30 `.+...'. . . Ti ..a r ti - _e'"'g"o'" Armor 4�.,.._ -* � ��. ,,. . goo` ♦I '� • ,oar _.... • ,�,i 6/9-07, =--'''',44r277/747- / i . � rr„TM•:• - fir.. . ..:'"'' ' ''?• r 11 `^r 1.60 :•Ott=1 *arming ,� ,.{_ oj,s-.s�, � �y �7l i 4) : ....x;;-.- - . e r _-- - . 1..- _--&-;,,n* Ais-.... .;&"1- - - ,;:r 1.7,--0, ,-2--cis. se ee . , ..t..K.-- .-'. y. ea 'iXj I) - , - _1,` -..'., - -:, * --A• ;'.,-").--77Trj... -.,. _... ••.i..• I,- .11 ..j, Id �! 1. • - .. I .. -:r *.� r Y. yid 0 y.•;•, ,»•� i ,r, -,, i PERMANENT EASEMENT t -� 't ,l_. ......CA0 AREA= 1.31 Ac. �,r pori‘::::;-,i.00_b#-1 c.v.-Jr' .. ,,re'-`,:, el .a k = • 'Ps dr Forming Cpr�porolion Q 4/ -it• , ;•*.); • 4? I $ • .�� • - tb dilid::± _-,-.-. _ ___. - -. EXHIBIT 1 June 23, 1988 Mr. James Cook City of Elgin 150 Dexter Court Elgin, IL 60120 RE: I-90 and Randall Road Interchange Dear Mr. Cook: Our firm represents the Bartels Farming Corporation, owners of the property immediately Northeast of the intersection of I-90 and Randall Road. On behalf of our client, we accepted, in principal, a proposal by the Toll Authority to resolve the issue of access to Randall Road from the parcel after the construction of the tollway exit ramp. A copy of our letter of acceptance, which outlines the proposal, is attached. However, we have been informed that the requested access proposal has been rejected by Kane County. Various rumors are now circulating concerning the interchange. We have heard that unless a negotiated settlement can be reached with our client there will be no tollway interchange. Also, we have heard that the ramp will be built as planned and no access to Randall Road will be provided to the parcel. Neither of these are in the best interest of the City of Elgin or the parties involved. It is obvious that if the tollway interchange is not built, Elgin is seriously hurt. Also, if access to Randall Road is not provided to my client's parcel; it (25 acres) and the adjacent Teeple's property (45 acres) will not be available for integration into the planned improvements for the Northwest corridor, a significant loss of valuable development property. The two parcels comprise three-fifths of a mile of property along the tollway, immediately paralell with CMD's planned East development, of an equal distance. Since the Bartels Farming Corporation owns the property immediately adjacent to the interchange on the Southwest and on the Northeast and another 80 acres which "straddles" the tollway just West of the interchange, it is actively pursuing a positive plan to promote the development of the area. However, since it owns over 200 acres of property in the corridor at these key locations, it must also pursue a pattern that is in its own best interest. Further, if Elgin is to ever expand North of the Tollway and West of Randall Road the Bartels' parcels are the keystone to that expansion; the parcels provide the only path for contiguous growth. We want to encourage the City to seek a negotiated resolution of the necessary planning for the construction of the interchange. However, we must insist that from this point we be included in future discussions. This matter is not going to be resolved by discussions and planning by the City, the County and CMD, alone. Our client and the Teeple's family must be included in these discussions if some realistic resolution is going to be forthcoming quickly; since, it is Bartels and Teeples who must agree to any settlement concerning their property. Finally, various rumors lead me to believe that a number of important issues have been glossed over. The principal one is that in a condemnation, my client and the Teeples' family, must be compensated for their loss of access to Randall Road (as the interchange is now planned) at its appraised value. Our preliminary inquiries indicate a range of awards up to over $1,350,000.00. I am positive that such a result would doom the construction of the interchange. We suggest that those parties who disagree with this possibility at this point may be wrong quickly since competent and experienced appraisers feel these damage ranges are possible. But, if a resolution which provides reasonable access to Randall Road is arrived at between the parties, no payments will be made for "damage to the remainder". We urge you to arrange a forum where all of the concerned parties can openly discuss a quick resolution of this matter. Sincerely yours, GROMER, I ROM& YER, P.C. /j - M:rsg cc: Georg: de Voorde Ron: • •oeser Dan ox Robert Gilliam Susan Maylan Cheryl Popple Marlene Shales John Walters • GROMER, WITTENSTROM a MEYER, P.C. ATTORNEYS AT LAW SVIT( 1.77 MARKCY STR(CT P 0 BOX MOO C(♦w(«C(( 1M17(14S7pOH JR ELGIN, ILLINOIS 60121-0200 (Apl« GIOM(R MIMEO) H.OR(6 14(7[11GOROO«o ABBOTT WO 1976) (317)7.1-6700 MAY 10, 1988 Mr. Thomas A. Morsch, Jr. Illinois Toll Highway Authority • 2001 W. 22nd Street Oak Brook, IL RE: Randall Road and I-90 Interchange, Bartels Farming Corporation Dear Mr. Morsch: In response to our last telephone conference, I spoke with my client, Bartels, and the adjoining landowner, Teeples. We have, I believe, arrived at a resolution that should be acceptable to everyone. Our major concern was that the proposed interchange and Kane County's insistence on a 700' interval would result in "landlocking" the Bartels' and Teeples' parcels. You have indicated that in exchange for a resolution of the acquisition issues, the Authority could arrange for Kane County to grant roadway access to Randall Road at the Northern edge of the Bartels'parcel. Both landowners will accept the initial offers for acquisitions of parcels N-4D-56.5 A and N-4D-56.8 and will waive any compensation for damages to the remainders if certain conditions are met. Briefly, those conditions require that Kane County agree to allow roadway access, an intersection, at the northern edge of the Bartels' parcel; that the intersection would allow full use, right and left turns from all four directions; and, that in constructing the current roadway improvements, the curbs, etc. for the intersection be built now in connection with the ramp improvements. Further, if this proposal is acceptable, there will be no need for the acquisition from Bartels of parcel N-4D-56.13, a permanent easement, because Bartels will agree to grant an easement to the Teeple's parcel in connection with an agreement between them for future roadway improvements. - GROMER, WITTENSTROM a MEYER, P.C. Finally, while this letter outlines what I believe are the necessary terms of an acceptable resolution, it is not a formal offer, since final agreements are contemplated. However, if you find this proposal satisfactory, we can proceed to prepare the required agreements to quickly resolve this matter. Sincerely yours, GROMER, WTTTENSTROM & MEYER, P.C. By: HGMssg cc: Ron Roeser • TELEPHONE 312/695-6500 CITY OF ELGIN 150 DEXTER COURT ELGIN, ILLINOIS 60120-5555 A e, June 27 , 1988 Mr. H. Greg Meyer Attorney Gromer, Wittenstrom & Meyer, P.C. Suite 1 , 75 Market Street P.O. Box 1209 Elgin, IL 60121-0209 Dear Mr. Meyer: In response to your letter of June 23 , 1988 , please be advised that the City of Elgin, by intergovernmental agreement, has agreed with Kane County to provide a specific sum of money towards the interchange improvement. Kane County is charged with acquiring right-of-way, developing plans , representing all of the local governments and providing all of the excess funds beyond the other contributions. It would be inappropriate for me to call a meeting or attempt to negotiate between the County, who is acquiring the property, and your client. It is my understanding that a revised design has been offered which meets the needs of your client and the safety requirements of the Tollway and the County. If this is so, perhaps this problem is now resolved and we can get about the business of building the interchange and serving the public. Yours very truly, 1 =mes J. 0000 City Manager JJC:amp