HomeMy WebLinkAbout05-235 Resolution No.05-235
RESOLUTION
CONCERNING POINT BOULEVARD
WHEREAS, the City, pursuant to its Resolution 97-272, did execute and enter into that
certain Local Agency Agreement for Jurisdictional Transfer of east access road(the"Jurisdictional
Transfer Agreement"); and
WHEREAS,the County of Kane("County")similarly approved said Jurisdictional Transfer
Agreement under the County's Resolution 97-289; and
WHEREAS,in that certain Amendment to Annexation Agreement dated as of November 19,
1997 by and between Randall Lakes Limited Partnership,an Illinois limited partnership("Owner")
and the City,the City did covenant and agree,in paragraph 4 thereof,to bring about the jurisdictional
transfer of existing Mason Road(now known as"Point Boulevard")from the County to the City;and
WHEREAS,all but a small portion of Point boulevard(which portion is depicted in yellow
on the attached map and is hereinafter called the"Toll Highway Portion")has been transferred by the
County to the City; and
WHEREAS, the Toll Highway Portion has not been transferred to the City because title
thereto remains vested in the Illinois Toll Highway Authority(the "Authority"); and
WHEREAS,the Owner has performed all of its obligations under the Annexation Agreement
with respect to the improvement of Point Boulevard and the City has heretofore released the Owner's
bond with respect thereto, including, without limitation, the Toll Highway Portion; and
WHEREAS, the City now wishes to formally accept the public improvements to Point
Boulevard as made by the Owner and to otherwise assure the Owner of the City's continuing efforts
to fulfill its contractual obligation to the Owner to obtain jurisdiction over all of Point Boulevard
(including without limitation, the Toll Highway Portion);
NOW, THEREFORE, the City does hereby resolve as follows:
1. That the City hereby accepts all the public improvements to Point Boulevard as
heretofore made by the Owner and agrees that the Owner has satisfied and fulfilled all of its
obligations to the City with respect to the improvement and maintenance of Point Boulevard. The
City further ratifies its prior release of the Owner's construction and maintenance bond(s) with
respect to Point Boulevard.
2. That the City shall continue to use reasonable efforts to obtain the jurisdictional
transfer to the City of the Toll Highway Portion;provided,however,that such efforts shall not create
any particular obligation on the City not already existing under the City's prior agreements with the
Owner, and shall not require the expenditure of any funds on the part of the City.
s/Ed Schock
Ed Schock, Mayor
Presented: July 27,2005
Adopted: July 27,2005
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
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