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HomeMy WebLinkAbout00-251 Resolution No. 00-251 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR REGULATING MOTOR VEHICLE PARKING AND TRAFFIC WITH WYNSTONE CONDOMINIUM ASSOCIATION (Jeffrey Lane) 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 for Regulating Motor Vehicle Parking and Traffic at Wynstone of Century Oaks on behalf of the City of Elgin with the Wynstone Condominium Association for the enforcement and regulation of parking in designated fire lanes, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: November 15, 2000 Adopted: November 15 , 2000 Omnibus Vote : Yeas 7 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT FOR REGULATING MOTOR VEHICLE PARKING AND TRAFFIC AT WYNSTONE OF CENTURY OAKS IN THE CITY OF ELGIN, ILLINOIS THIS AGREEMENT, made and entered into this 777f- day of A/01/6/21 8E4,_ 2000, by and between the City of Elgin, a municipal corporation in the State of Illinois (hereafter called the City) and the Wynstone Condominium Association, an Illinois not-for-profit corporation (hereafter called Owner). WITNESSETH : WHEREAS, Owner is the record owner of certain real property located within a planned unit residential development commonly known as Wynstone of Century Oaks, Elgin, Kane County, Illinois, and which is legally described as follows: Century Oaks Square Unit No.- 2, being a subdivision of part of the Southeast Quarter-of- Section 4, Township 41 North, Range 8 East of the Third Principal Meridian in the City of Elgin, 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 Wynstone of Century Oaks 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 Wynstone of Century Oaks: A. A fire lane is established within the east half of the cul de sac located at the southern terminus of Jeffrey Lane within Wynstone of Century Oaks 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. + 1 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 Wynstone of Century Oaks 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: Wynstone Condominium Association 2072 Jeffrey Lane Elgin, IL 60123 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 By. MAYOR TITLE 1 ¢`, ' Agenda Item No. City of Elgin tili1� t 8 November 1, 2000 G Et TO: Mayor and Members of the City Council N SAFE COMMUNITY FROM: Joyce A. Parker, City Manager SUBJECT: Fire Lane Designation - Jeffery 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 Wynstone of Century Oaks Condominium Association for the designation of a fire lane in a certain location within the Wynstone of Century Oaks subdivision. BACKGROUND A request has been received from the Wynstone of Century Oaks Condominium Association to have a selected portion of the east side of Jeffery Lane designated as a fire lane. The Fire Department and the Association have recognized that when vehicles are parked along this segment of Jeffery Lane, access to an existing fire lane between Jeffery Lane and Big Timber Road is not accessible to emergency vehicles. 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 rk request from the Homeowners Association. The Association has held several meetings on the subject and has formally approved the designation proposal. . , (0-- Fire Lane Designation November 1 Page 2 FINANCIAL IMPACT There will be no direct costs to the City resulting from this request . All associated costs are the responsibility of the Wynstone Condominium Association. VAPV LEGA L IMPACT 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 . E '-spectfully submit d, a ' •yce A. Parker City Manager SB/st r . . . , t' 1 4. / / I I . I I I I I I I ••/ / I I I _ I I I I. 1 / / I I I I I I I I • . I -D LOPMENT SIG �,p re • ••O •.••q • • . ` �••O --...�••PO •�eW ro-vi•• O 4 �• 44.) .S • '• '!! a• :... ••••. •:.• •••••0�• . i ,1• 4114 . x•01 ♦ irk° : 1 lir fe °I.-• low' 4' r-,- . ..),... .......,.,_,_.-- ,..._,.. _ -,----"-M11. lignil_AgroFAIN "'` . /....--Tirrami Imo- �-- , l ` _ - Ks 'rip i • 0 1 I 1 0 It Q.---P&AM. r , Vil r IN fifi- ' mirw F21 fp /: el • • 'r• f• � pike • • 0 • •..�0 •y p s .. 1: p feiy ..,do ..•••. ....••• 9!• •sr, - D.M•RATIVE FENCE • • ,) , 4 g1 01 s n.••..••••■Sr G.• p• = �� h ► • • . • • � / yere•11.4Ol •••� a Oeoe, Og .•i•.00. i`r O w — O 1G _ .. AilFg*T. 0.1VA 114,10'\____. \- /e Proposed Fire Lane te . 1" a• 0 0 tipti ii-0' . • . . k , ., .. 7. .„,... i _ 1 _ al, Tr io, • • i 6: Ova•zzr.t,_ 1010.,°: ' - (Ilk • *40 fit ov-1 -4‘.- .- Allw- 411)'41.lb ••:��• p.,. 4 EIC L. ry1 n�'7•r11 - 94KUU91:10 ���.. . tr. , .$ , . 1 SURVEYOR'S CERTIFICATE r 42(,9-19`r STATE OF ILLINOIS) COUNTY OF KANE )SS THIS IS TO CERTIFY THAT I, JOHN T. BURNIDGE, AN ILLINOIS REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE AND COUNTY AFORESAID HAVE SURVEYED, SUBDIVIDED AND PLATTED FOR THE OWNERS THEREOF THAT PART OF THE EAST HALF OF FRACTIONAL SECTION 4, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPA?. MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 349 OF CENTURY OAKS WEST UNIT NO. 6, BEING A SUBDIVISION OF PART OF FRACTIONAL SECTION 4, TOWNSHIP AND °t ` RANGE AFORESAID, AND BEING ON THE NORTHWESTERLY LINE OF NORTH LYLE AVENUE; THENCE SOUTH 32 DEGREES 00 MINUTES 52 SECONDS WEST, ALONG SAID NORTHWESTERLY LINE OF NORTH LYLE AVENUE, A DISTANCE OF 592.00 FEET TO THE NORTHEASTERLY RIGHT OF WAY LINE OF BIG TIMBER ROAD PER DOCUMENT NO. 1972641; THENCE NORTH 57 DEGREES 59 MINUTES 08 SECONDS WEST, ALONG SAID -''NORTHEASTERLY RIGHT OF WAY LINE, A DISTANCE OF 533.11 FEET TO THE EASTERLY LINE OF LANDS DESCRIBED IN DOCUMENT NO. 858655; THENCE NORTH 15 DEGREES 12 MINUTES 24 SECONDS EAST, ALONG SAID EASTERLY LINE OF DOCUMENT NO. 858655, A DISTANCE OF 618.18 FEET TO THE SOUTHWEST CORNER, AS MONUMENTED, OF CENTURY OAKS WEST UNIT NO. 7, BEING A SUBDIVISION OF PART OF THE EAST HALF OF FRACTIONAL SECTION 4, TOWNSHIP AND RANGE AFORESAID; THENCE SOUTH 58 DEGREES 00 MINUTES 16 SECONDS EAST, ALONG THE SOUTHWESTERLY LINE, AS MONUMENTED, OF SAID CENTURY OAKS WEST UNIT NO. 7 AND UNIT NO. 6, A DISTANCE OF 711.86 FEET TO THE POINT OF BEGINNING. --BEING SITUATED IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS AND CONTAINING 8.458 ACRES MORE OR LESS. I FURTHER CERTIFY THAT IRON STAKES HAVE BEEN SET AT ALL LOT CORNERS, POINTS OF CURVATURE AND TANGENCY, EXCEPT WHERE CONCRETE MONUMENTS ARE INDICATED, AND THAT THE PLAT HEREON DRAWN CORRECTLY REPRESENTS SAID ,.SURVEY AND SUBDIVISION. DIMENSIONS ARE GIVEN IN FEET AND DECIMAL PARTS THEREOF. :k' t I I FURTHER CERTIFY THAT THE FOREGOING PROPERTY FALLS WITHIN THE CORPORATE ,••,,. , I LIMITS OF ELGIN, ILLINOIS, AND I FURTHER CERTIFY THAT NO PART OF SAID PROPERTY IS SITUATED WITHIN A FLOOD HAZARD AREA, AS PER NATIONAL FLOOD INSURANCE PROGRAM, FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NUMBER 170087-003, EFFECTIVE DATE MARCH 1, 1982. DATED AT ELGIN, ILLINOIS, THIS /3T_N DAY OF SE,TEM/3E447 A.D. 199.9. • BURNIDGEE AND WESTPHAL, INC. ILLj IS REGISTERED PRO SIONAL LAND SURVEYOR NO. 035-002516 • OWNER'S CERTIFICATE STATE OF ILLINOIS) COUNTY OF KANE )SS THIS IS TO CERTIFY THAT JERRY L. HOOVER, FRED E. LEDERBUHR, ROGER A. BURNIDGE AND RALPH TIBERI, CO-PARTNERS D/B/A BIG TIMBER COMPANY ARE THE OWNERS OF THE LAND DESCRIBED IN THE CERTIFICATE it OF JOHN T. BURNIDGE, AN ILLINOIS REGISTERED PROFESSIONAL LAND SURVEYOR, AND THAT BIG TIMBER COMPANY HAS CAUSED SAID LANDS TO BE SURVEYED, SUBDIVIDED AND PLATTED AS SHOWN ON THE PLAT HEREON DRAWN FOR THE .U8E8.� , . { ' AND PURPOSES THEREON SET FORTH AB PRESCRIBED BY'THE STATUTES tOJ THE* ;,yii,.!le�, # {' I. .BTAT$ OP ILLINOIS, AND Tim HEREBY ACKNOWLEDGE SAID PLAT AND ADOPT THE CAME UNDER THE STYLE AND TITLE OF "CENTURY OAKS SQUARE UNIT NO. 2". DATED THIS /ST DAY OF n/O✓E i, c , A.D. 1993. • BIG TIMBER COMPANY • JERRY L. HOOVER FRED E. LEDERBUHR t` ROGER•A. BURNIDGE PH TI RI _ • NOTARY (:PRTTPT(!ATR.