The URL can be used to link to this page

Home My WebLink About00-186 Resolution No. 00-186 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH WILLIAMSBURG TERRACE HOMEOWNERS ASSOCIATION FOR THE REGULATION OF PARKING AND TRAFFIC BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Williamsburg Terrace Homeowners Association for the regulation of parking and traffic on Governors Lane, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: August 9, 2000 Adopted: August 9, 2000 Omnibus Vote : Yeas 7 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT FOR REGULATING MOTOR VEHICLE PARKING AND TRAFFIC AT WILLIAMSBURG TERRACE IN THE CITY OF ELGIN, ILLINOIS THIS AGREEMENT, made and entered into this / / 6t day of at$ �, 2000, by and between the City of Elgin, a municipal corporation in the State of I inois (hereafter called the City) and the Williamsburg Terrace Homeowners Association, an Illinois not-for- profit corporation (hereafter called Owner). W I T N E S S E T H : WHEREAS, Owner is the record owner of certain real property located within a planned unit residential development commonly known as Williamsburg Terrace, Elgin, Kane County, Illinois, hereafter referred to as Williamsburg Terrace, and which is legally described as follows: THAT PART OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTER LINE OF HIGHLAND AVENUE ROAD SAID POINT BEING THE MOST NORTHERLY CORNER OF WILLIAMSBURG COMMONS UNIT 3, BEING A SUBDIVISION OF PART OF SAID NORTHEAST QUARTER; THENCE SOUTH 35 DEGREES 41 MINUTES28 SECONDS WEST ALONG THE NORTHWESTERLY LINE OF SAID UNIT 3, 224.98 FEET TO THE MOST NORTHERLY CORNER OF LOT 73 IN SAID UNIT 3; THENCE SOUTH 52 DEGREES 50 MINUTES 07 SECONDS WEST ALONG THE NORTHWESTERLY LINE OF SAID UNIT 3, 386.65 FEET RECORD TO THE NORTHEAST CORNER OF LOT 68 IN SAID UNIT 3; THENCE SOUTH 81 DEGREES 40 MINUTES 08 SECONDS WEST ALONG NORTHERLY LINE OF SAID UNIT 3, A DISTANCE OF 95.0 FEET; THENCE NORTH 14 DEGREES 10 MINUTES 00 SECONDS WEST 207.20 FEET; THENCE NORTH 51 DEGREES 31 MINUTES 29 SECONDS EAST 440.86 FEET TO THE CENTER LINE OF HIGHLAND AVENUE; THENCE SOUTH 79 DEGREES 19 MINUTES 08 SECONDS EAST ALONG SAID CENTER LINE 243.33 FEET TO THE POINT OF BEGINNING, CONTAINING 3.0857 ACRES, IN KANE COUNTY, ILLINOIS, and WHEREAS, Owner desires to enter into an agreement with the City in order to City to regulate the parking of motor vehicles and traffic at Williamsburg Terrace pursuant to the provisions of Chapter 65, Act 5, Section 11-209, Illinois Compiled Statutes; and WHEREAS, the City Council of the City and the Owner have authorized the ratification of the terms, provisions and conditions of this Agreement; NOW, THEREFORE, inconsideration of the mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. The City hereby agrees to establish and enforce the following regulations within the Williamsburg Terrace: A. A fire lane is established within the east half of Governors Lane within Williamsburg Terrace as designated on Exhibit A to this Agreement, said Exhibit A being attached to and made part of this Agreement (hereafter referred to as the Fire Lane). B. Owner shall erect, install and maintain not less than two appropriate signs designating the Fire Lane. Each sign shall include the words No Parking Fire Lane followed by the words Tow Zone. C. Owner shall designate the Fire Lane with bright yellow painted lines and the words Fire Lane No Parking. Owner shall maintain the painted areas in a clear and legible condition. D. The standing or parking of any vehicle in such a manner so as to block or obstruct and such fire lane shall be prohibited. E. The City, by this Agreement, is authorized and empowered to cause vehicles violating the prohibitions of this Agreement to be ticketed, removed, towed and stored pending payment by the vehicles registered owner for the costs of removing, towing and storing such vehicle. 2. The Owner does hereby agree to bear the costs and expenses of obtaining, erecting and maintaining any and all such signs necessary to the enforcement of the aforesaid regulations. 3. The City hereby agrees to regulate the parking of automobiles and traffic at Williamsburg Terrace to enforce the aforesaid regulations. 4. Where any owner or user of a vehicle shall use or permit the use of such vehicle in a manner contrary to the regulations contained within this agreement, the City will enforce its ordinances against such person as if the action had taken place on a public highway. 5. It is mutually agreed that this Agreement shall cover a period of one (1) year form the date hereof and shall be self-renewing for periods of one (1) year each thereafter, not to exceed a period of twenty (20) years, unless and until canceled by not less than thirty (30) days written notice by either party to the other of its intention to cancel same. 6. Whenever notice to the City is required, it shall be addressed to: City Clerk City of Elgin 150 Dexter Court Elgin, IL 60120-5555 When notice to the Owner is required, it shall be addressed to: Williamsburg Terrace Homeowners Association P.O. Box 292 Elgin, IL 60120 7. In consideration for the performance by the City of the police services herein specified upon the private property of the Owner, the City shall be paid the sum of $12.00 per year for each self-renewing one-year period. It is understood between the parties that such compensation is for the extra police services to be performed under this contract and not as payment for normal police protection. The City, shall in the exercise of its sole discretion, determine when the press of regular police business shall preclude the furnishing of extra police services under this Agreement. 8. The sole remedy available to the Owner, upon any breach of this Agreement by the City, shall be the cancellation of the Agreement under its terms. It is the essence of this Agreement that the City shall not be liable in money damages for any breach of this Agreement. 9. This Agreement shall not be construed to create a joint venture, partnership or employment relationship between the Owner and the City, nor shall this Agreement be construed so as to create any special duty or other extraordinary liability by the City. 10. The terms of this agreement shall be severable. In the event that any of the terms or provisions of this Agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this Agreement shall remain in full force and effect. 11. This Agreement shall be subject to and governed by the laws of the State of Illinois. 12. This Agreement shall be recorded by the Owner in the Office of the Recorder of Deeds of Kane County, Illinois. No regulation made pursuant to the Agreement shall be effective or enforceable until three (3) days after the Agreement is so recorded. IN WITNESS WHEREOF, the parties hereto have executed this instrument by their duly authorized officers the day and year first written above. CITY OF ELGIN, ILLINOIS OWNER OR CORPORATE OWNER a municipal corporation of the State of Illinois ti MAYOR TITL ( OF E< ° c City of Elgin Agenda Item No. t 'oft E July 18, 2000 G 1 tz) TO: Mayor and Members of the City Council N SAFE CAM UNITY FROM: Joyce A. Parker, City Manager SUBJECT: Fire Lane Designation - Governors Lane PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider a request by the Williamsburg Terrace Homeowners Association for the designation of a fire lane on the east side of Governors Lane in the Williamsburg Terrace Subdivision. BACKGROUND A request has been received from the Williamsburg Terrace Homeowners Association to have the east side of Governors Lane designated as a fire lane. The Association has recognized that when vehicles are parked on both sides of Governors Lane, ingress and egress of emergency vehicles is difficult . Designation of the fire lane and a signed agreement between the City and the Association will enable the City to enforce on-street parking regulations on the private street located within the complex property. A map indicating the proposed location, a legal description of the property and proposed agreement are attached for reference. The Police and Fire Departments have both reviewed the proposed location of the fire lane at the site and find the designation to be satisfactory. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED This fire lane designation proposal was initiated as a result of a request from the Homeowners Association. The Association has held several meetings on the subject and has formally approved the designation proposal . • • Fire Lane Designation - Governors Lane July 18, 2000 Page 2 rL FINANCIAL IMPACT There will be no direct costs to the City resulting from this request . All associated costs are the responsibility of the Williamsburg Terrace Homeowners Association. LEGAL IMPACT \Nr4 \1 None . ALTERNATIVES None. RECOMMENDATION It is recommended that the proposed fire lane be so designated and that staff be directed to prepare a resolution authorizing the execution of the proposed enforcement agreement . t R- •ectfully submitted, - 1 a . /QL____s Joyce A . Parker City Manager SB/st • r