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Home My WebLink About01-88 Resolution No. 01-88 RESOLUTION AUTHORIZING EXECUTION OF AN ASSIGNMENT OF EASEMENT GRANT WITH THE FOX RIVER WATER RECLAMATION DISTRICT FOR THE BRIS IB SANITARY SEWER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an Assignment of Easement Grant on behalf of the City of Elgin with the Fox River Water Reclamation District for the BRIS IB sanitary sewer, a copy of which is attached hereto and made a part hereof by reference . s/ John Walters John Walters, Mayor Pro Tem Presented: March 28, 2001 Adopted: March 28, 2001 Vote : Yeas 5 Nays : 0 Attest : s/ Suellyn Losch Suellyn Losch, Deputy City Clerk RAGREE/FRWRD.AE DRAFT 2/23/01 THIS INSTRUMENT PREPARED BY & MAIL TO AFTER RECORDING: William A. Cogley Corporation Counsel City of Elgin Legal Department 150 Dexter Court Elgin, IL 60120-5555 ASSIGNMENT OF EASEMENT GRANT t THIS AGREEMENT made and entered into this / day of 1)6/ , 2001, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as the "City" ) , and the FOX RIVER WATER RECLAMATION DISTRICT, an Illinois municipal corporation (hereinafter referred to as "FRWRD" ) . WITNESSETH WHEREAS, FRWRD has previously received an Easement Grant from Bill Anest, Olga Anest, Peter Anest and Thalia Anest, dated March 21, 1991, and recorded on May 2 , 1991 as Document Number 91K21584 , and amended by a Certificate of Correction recorded on January 2, 1992 as Document Number 92K00046, a copy of which is attached hereto as Exhibit A (such Easement Grant is hereinafter referred to as the "Subject Easement Grant" ) ; and , WHEREAS, the Subject Easement Grant permits FRWRD to assign all or any part of its interests therein to the City of Elgin; and WHEREAS, the City and FRWRD have agreed to enter into this Assignment Agreement whereby FRWRD shall assign to the City and the City shall assume all rights and obligations of FRWRD regarding the Subject Easement Grant on a non-exclusive basis as to those portions of the easement premises described within the Subject Easement Grant lying easterly of the east line of Juli Drive for the purpose of installing, constructing and maintaining a parallel sewer commonly referred to as the BRIS I Parallel Sewer, also referred to as the BRIS IB. NOW, THEREFORE, for and in consideration of Ten Dollars ($10 . 00) in hand paid to FRWRD, the mutual promises and undertakings contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows : 1 . That the foregoing recitals are incorporated into this agreement in their entirety. 2 . That FRWRD hereby assigns to the City all of its rights, obligations, title and interest in and to the Subject Easement Grant, a copy of which is attached hereto as Exhibit A, as to those portions of the easement premises described within the Subject Easement Grant lying easterly of the east line of Juli Drive and subject to the reservation hereinbelow. 3 . That the City hereby accepts such assignment from FRWRD and assumes all of FRWRD' s rights, obligations, title 2 and interest in and to those portions of the easement premises of the Subject Easement Grant herein assigned. 4 . That FRWRD reserves the right to use the easement assigned for its corporate purposes, (including the installation of the BRIS I Parallel Sewer, if the City fails to complete construction within a reasonable time) so long as such use does not interfere with the City' s use thereof and subject to the City' s prior written approval, which shall not be unreasonably denied, delayed or withheld. 5 . That the City and FRWRD agree that this Assignment Agreement shall be recorded by the City with the Kane County Recorder. IN WITNESS WHEREOF, the parties hereto have executed this Assignment and Assumption Agreement as of the date first written above. CITY OF ELGIN FOX VALLEY WATER RECLAMATION DISTRICT By By `�' +• �� Schock, Mayor President ao dk bf Trustees Attest : Atte (i4r: Dolonna Mecum Clerk, hoard of rustees City Clerk 3 STATE OF ILLINOIS ) ss COUNTY OF KANE ) I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their free and voluntary act for the uses and purposes therein set forth. 34,D Given under my hand an official seal, this \ \4 day of,----V__ __„5„. , 2001 . Notary Public 44.44.Alk, ..A.A.A..A•A&A►.Al\I► OFFICIAL SEAL STATE OF ILLINOIS ) 4 NANCY ROLL ) ss 4 NOTARY PUBLIC, STATE OF ILLINOIS COUNTY OF KANE ) 4 My Commission Expires Aug. 10, 2001 °+r,r'ir•grrr w sr,N.-4r ArNirrrr I , the undersigned, a Notary Public, in and for said County, in the State aforesaid do hereby certify that F'r�-(,t�t l(a. (,;:1 i'� President and 1j,�vG� . CO✓n , Clerk, are persona ly known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their free and voluntary act for the uses and purposes therein set forth. Given under my hand an official sea this day of f1 , 2001 . Alp . "OFFICIAL SEAL" DOUGLAS J. SCH COMISsiON EFLAW - No -ry Public 4 EXHIBIT A (COPY OF ANEST GRANT OF EASEMENT TO BE ATTACHED) 5 I , City of Elgin Agenda Item No. oAir n�HATEU4t�'' C `' L 1 :21 March 16, 2001 N TO: Mayor and Members of the City Council ECONOMIC GROWTH FROM: Joyce A. Parker, City Manager SUBJECT: Proposed Amendment to Intergovernmental Agreement with the Village of South Elgin Relating to the BRIS II and BRIS IB Sewer Lines, Proposed Intergovernmental Agreement with the Village of South Elgin Regarding the Hopps Road/Spring Street Improvement Project and a Proposed Agreement with FRWRD Providing for an Assignment of an Easement to the City PURPOSE The purpose of this memorandum is to present for City Council consideration 1) a proposed amendment to the December 1998 intergovernmental agreement with the Village of South Elgin relating to the BRIS II and BRIS IB sanitary sewer lines, 2) a proposed intergovernmental agreement with the Village of South Elgin regarding the Hopps Road/Spring Street improvement project, and 3) a proposed agreement with FRWRD providing for an assignment of an easement to the city. BACKGROUND The City of Elgin and the Village of South Elgin previously entered into an intergovernmental agreement dated December 2 , 1998 . Such intergovernmental agreement includes provisions relating to the city' s construction of a parallel sewer line to the Bowes Road interceptor sewer commonly referred to as the BRIS I Parallel or BRIS IB. The subject intergovernmental agreement also includes provisions providing for the city' s agreement to allow properties within a specified existing service area and an area identified therein as the South West Sanitary Sewer Area connection to and use of the city' s BRIS II and the future BRIS IB sanitary sewer interceptor sewer lines conditioned upon the payment of recapture and impact fees . eft. Intergovernmental Agreements with Village of South Elgin March 16, 2001 Page 2 Attached is a proposed amendment to the December 1998 intergovernmental agreement between the city and the Village of South Elgin. The terms of the proposed amendment to the December 1998 intergovernmental agreement may be summarized as follows : 1 . The city would agree to execute and return within ten (10) days sewer connection permit applications for connection to and service through the BRIS II and the future BRIS IB sanitary sewer lines for the properties in the specified service area. 2 . The Village of South Elgin would agree to provide the city with all approvals necessary to allow for the city' s construction of the BRIS IB sanitary sewer line and appurtenances thereto. A portion of such BRIS IB sanitary sewer line is located within the corporate limits of the Village of South Elgin. 3 . The South West Sanitary Sewer Area, which is the area in the enk December 1998 agreement authorized to submit permit applications for connection to the BRIS II and future BRIS IB sewer lines, would be amended by deleting therefrom a parcel recently annexed by the city known as the Windswept Farm Henneler Property and by adding thereto two parcels known as the Cribbe property and the Stanitz property. Such Cribbe and Stanitz properties could obtain sewer connection permits only if such parcels are developed with residential uses only. 4 . The amendment to the intergovernmental agreement is contingent upon FRWRD providing the city with all approvals necessary and assigning an easement to the city to allow for the city' s construction of the BRIS IB sanitary sewer. 5 . The amendment to the intergovernmental agreement is further contingent upon the city and the Village of South Elgin also concurrently entering into the proposed intergovernmental agreement relating to the Hopps Road and Spring Street improvement project . On May 24 , 2000 the City Council considered and gave preliminary approval to a proposed intergovernmental agreement between the city and the Village of South Elgin which included, along with other matters, the city agreeing to fund a share of the village' s Hopps Road/Spring Street improvement project . Attached is a revised draft of the proposed intergovernmental agreement between the city emb. Intergovernmental Agreements with Village of South Elgin March 16, 2001 Page 3 and the Village of South Elgin which now only includes the issue of cost sharing of the Hopps Road/Spring Street improvement project . Also attached is a map showing the location of such roadway project . The proposed intergovernmental agreement regarding the Hopps Road/Spring Street project may be summarized as follows : 1 . The city and the Village of South Elgin have previously entered into an agreement for Phase I engineering services for the project . The proposed agreement would provide for an increase in Phase I engineering costs with the city' s share thereof increasing in the amount of $4, 200 . 2 . The city would agree to pay the village $21, 417 . 50 as the city' s share of Phase II engineering (design) services for the project . 3 . The city would agree to pay the village $24 , 651 . 88 as the city' s share of Phase III engineering (inspection) services for the project . 4 . The city would agree to pay the village an amount not to exceed $195, 625 as the city' s share for the construction of the project within thirty (30) days of the final completion of the project . 5 . The village is required to complete the construction of the project by June 1, 2001, in conformance with the previously agreed to plans. 6 . The intergovernmental agreement is contingent upon FRWRD providing the city with all approvals necessary and assigning an easement to the city to allow for the city' s construction of the BRIS IB sanitary sewer. 7 . The amendment to the intergovernmental agreement is further contingent upon the city and the Village of South Elgin also concurrently entering into the above discussed amendment to the December 1998 intergovernmental agreement . Attached to both of the above discussed agreements with South Elgin is a proposed assignment of easement grant agreement between the city and FRWRD. This assignment agreement would provide for FRWRD assigning to the city a portion of an existing easement thereby allowing for the city' s construction of a segment of the BRIS IB sanitary sewer. • Intergovernmental Agreements with Village of South Elgin March 16, 2001 Page 4 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED The Village of South Elgin and FRWRD. nFINANCIAL IMPACT V The amendment to the December 1998 intergovernmental agreement does not change the fee structure for impact fees and recapture fees provided for in the original agreement . However, the amendment agreement would result in a net increase of 73 acres for the South West Sanitary Sewer Area, thereby resulting in additional recapture and impact fees being paid to the city for the developable acres determined to exist in that additional acreage . The Hopps Road/Spring Street improvement project intergovernmental agreement would require the city to pay approximately $245, 894 . 38 . There is budgeted $362, 900 in account number 275-0000-791 . 93-80, project number 339613 , for the Hopps Road/Spring Street improvement project . �"" The Assignment of Easement Grant between the city and FRWRD is at 44 no cost to the city. WpI /LEGAL IMPACT u � None . ALTERNATIVES 1 . Approve the proposed amendment to the December 1998 intergovernmental agreement, the intergovernmental agreement for the Hopps Road/Spring Street improvement project, and the assignment of easement grant agreement with FRWRD. 2 . Reject the proposed agreements . . . rk Intergovernmental Agreements with Village of South Elgin March 16, 2001 Page 5 RECOMMENDATION It is recommended that the City Council approve the proposed amendment to the December 1998 intergovernmental agreement with the Village of South Elgin, the proposed intergovernmental agreement with the Village of South Elgin relating to the Hopps Road/Spring Street improvement project and the assignment of easement grant agreement with FRWRD. PR ctfully s ' tted, /41/4... Jo ce A. Parker City Manager WAC/nr Attachments (01 _ .. - • DETOUR ROUTE. . BOWES a C .„.•=c ROAD 4111IAIIIIIAW IIIIIIIIII IIIIIIIIMMIIWIrrap Q a cz c)cp 111:[1 :)161111 .) --jillib. . Ø IIIIII8 0 = n 4, , g 1VW/ I 5 . s it . 410 I -.J i$$1 2 f 0 c • = LAN: • i G sr ,..., 2f—d-1—'----I ( c 1 . 1 [ .okto ONE—WAY oc"- • E AriWESTBOUNT" ? HOPPS ROAD Air SPRING SPRIN I - If „,,.. ._, 1 0 a . _ FOXMO•" --' .. cz < a ((44/01 5. k-kea 114 !: cn z 1 1...i •Li laer/ g - -z )— s,p = ) •c) ,0 -o MC DONALD ROAD )1A ) . . . C:3 CO 01 CI NA XTN DESIGNED BY SCA- 0 Baster II VILLAGE OF SOUTH ELGIN, ILLINOIS RW' AS NOTED limrimp rt roodntan HOPPS ROAD/SPRING S i HEET oRAwri -ar FRKLiu:T. N67 5 will. Cry s I al Laic e. Mit-La.:, IMPROVEMENTS MAC 950349 —4 Ssuriinittan. ni . CHECKED BY SHEET NO. ›- _......... a_ WOODMAN DETOUR PLAN RW o Oak Fars 4.t. laidnais p (., Canrul..641 NO., 4-9-97 1 OF 1