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Home My WebLink About22-1Resolution No. 22-1 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE FOREST PRESERVE DISTRICT OF COOK COUNTY FOR LAND DONATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Intergovernmental Agreement with the Forest Preserve District of Cook County on behalf of the City of Elgin,for land donation,a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: January 12, 2022 Adopted: January 12, 2022 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk 1 INTERGOVERNMENTAL AGREEMENT Between The Forest Preserve District of Cook County and The City of Elgin,Illinois THIS INTERGOVERNMENTAL AGREEMENT ("Agreement') is entered into by and between the Forest Preserve District of Cook County,a forest preserve district organized and existing under the Cook County Forest Preserve District Act (70 ILCS 810/0.01, et seq.) ("Act'), having its principal offices located at 536 North Harlem Avenue, River Forest, Illinois 60305 ("FPD") and the City of Elgin, an Illinois municipal corporation, having its principal offices located at 150 Dexter Court, Elgin, Illinois 60120("Donor"). RECITALS WHEREAS, Article VII, Section 10 of the Constitution of the State of Illinois authorizes and encourages units of local government to contract or otherwise associate among themselves to obtain or share services and to exercise,combine,or transfer any power or function;and WHEREAS,the Intergovernmental Cooperation Act,5 ILCS 220/1 et seq.,authorizes cooperative arrangements between public agencies of the State of Illinois;andgP WHEREAS,the Local Government Property Transfer Act,50 ILCS 605/.01 et seq.,authorizes the transfer of real property between municipalities as defined in such statute;and WHEREAS,Donor is the sole owner in fee simple of certain real property located in Elgin,Cook County, Illinois, bearing permanent index numbers 06-19-321-057, 06-19-321-007 East, 06-19-321-007 West, 06-30-100-004 and 06-30-100-005 all as legally described on Exhibit A and depicted on Exhibit B Donation Property")attached hereto and incorporated herein by reference;and WHEREAS, the FPD is a forest preserve district organized and existing under the Act, whose primary purposes include protecting and preserving the flora,fauna and scenic beauties of lands within its district in their natural state and condition,and as otherwise set forth in Section 810/7 of the Act;and WHEREAS,pursuant to Section 810/8 of the Act,the FPD is authorized and empowered to accept and acquire lands in fee simple by gift or grant;and WHEREAS, the Donation Property lies immediately adjacent to the existing Bluff Spring Fen owned by the FPD,and has significant natural,scenic,aesthetic and ecological value in its present state to Donor,the FPD and to the general public;and WHEREAS, Donor and the FPD desire and intend that the natural, scenic, aesthetic, ecological and open space values of the Donation Property be preserved, protected, conserved and maintained in perpetuity;and WHEREAS,Donor and the FPD recognize the uniqueness of the Donation Property and the scenic, aesthetic, ecological and natural character of the Donation Property and have the common purpose of protecting and conserving the flora,fauna,wildlife and natural areas on the Donation Property in perpetuity by conveyance to the property to the FPD; and 1 WHEREAS,Donor and FPD are authorized to execute this Agreement by act(s)of their respective duly constituted governing bodies. NOW, THEREFORE, in consideration of the foregoing and the mutual promises, terms and conditions set forth herein,and in the spirit of intergovernmental cooperation,the FPD and Donor agree as follows below. I. The recitals set forth above are incorporated herein and made a part hereof. 2. Donor hereby agrees to donate at no charge and convey the Donation Property to the FPD by a recordable quit claim deed subject to any and all covenants, conditions and restrictions of record, including any and all back taxes that may be due and owing against the Donation Property. 3. Donor represents that it has the full legal authority to convey the Donation Property in fee simple to the FPD,and there are no loans,mortgages or leases recorded or unrecorded against the Donation Property. 4. The FPD, its employees, agents and representatives shall have thirty (30) days after execution of this Land Donation Agreement to complete whatever due diligence investigation they deem necessary, and on the basis of the results, determine whether the FPD desires to close upon the Donation Property ("Due Diligence Period"). Unless the FPD delivers written notice to Donor during the Due Diligence Period of the unsuitability of the Donation Property and the FPD's resulting election to declare this Agreement null and void, the FPD shall proceed to closing and this Agreement shall remain in full force and effect with this contingency being deemed waived by the FPD. In such case, the FPD shall be deemed to accept the conveyance of the Donation Property in its"AS IS, WHERE IS" condition with all faults and without any representations, guarantees or warranties with respect to the status or condition of all or any portion of the Donation Property being made by Donor or relied upon by the FPD. 5. Donor and the FPD agree to execute any and all documentation reasonably necessary to close on the conveyance of the Donation Property 6. The FPD shall pay for all title,recording and closing costs associated with the conveyance of the Donation Property to the FPD. Donor shall provide any existing survey(s)of the Donation Property to FPD prior to the conveyance of the Donation Property. In the event the FPD desires to obtain a more current survey of the Donation Property, said survey shall be at the sole cost of the FPD. In the event the title commitment discloses any unpermitted exceptions, or if any survey obtained by the FPD shows any encroachments or other survey matters that are not acceptable to the FPD,the FPD's sole remedy shall be to declare this Agreement null and void,with each party to bear its own costs and expenses. 7. Donor and the FPD represent that no broker has been involved in the formation of this Land Donation Agreement or the conveyance contemplated hereunder. 8. The covenants,terms and conditions set forth within this Agreement shall be binding upon Donor and the FPD,and their respective agents,personal representatives,heirs,successors and assigns. 9. This Agreement shall be interpreted and construed in accordance with the laws of the State of Illinois. 10. This Agreement contains the entire agreement between the parties hereto. All negotiations between the parties are merged into this Agreement, and there are no understandings or agreements other than those incorporated in this Agreement. 2 11. No addition to, or modification of, any provision contained in this Agreement shall be effective unless fully set forth in writing and signed by both parties. No waiver of any rights hereunder shall be effective unless fully set forth in writing by the waiving party or parties. 12. The unenforceability or invalidity of any provision or provisions within this Agreement shall not render any other provision or provisions unenforceable or invalid. 13. This Agreement is subject to, and contingent upon, the approval of the Boards of Donor and the FPD. 14. Time is of the essence for this Agreement,and therefore Donor and the FPD agree to close on the conveyance of the Donation Property on or before January 31, 2022, with a mutually agreed upon title company and location. 15. It is agreed that this Agreement may be executed in counterpart,and each such counterpart shall be deemed an original and have full force and effect. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 3 IN WITNESS WHEREOF, Donor and the FPO have approved and executed this Agreement by the authorized signatures appearing below. DONOR: ITS: Mayor ATTEST �/2� Kimberly,U)is ITS: City Clerk January 12, 2022 Date FPD: THE FOREST PRESERVE DISTRICT OF COOK COUNTY, a special district organized and existing under the Cook County Forest Preserve District Act BY: Toni Preckwinkle ITS: President ATTEST: ITS: Lynne M. Turner Secretary Date 4 February 24, 2022 EXHIBIT A Legal Description FPCC ELGIN 06-19-321-057 That part of the Southwest Quarter of Section 19, Township 41 North, Range 9 East of the Third Principal Meridian, being a part of Bluff Fen Subdivision, described as follows: Commencing at the intersection of the East line of Cookane Avenue with the South line of Dixon Avenue extended, said point being 453.16 feet South of the South line of Bluff City Boulevard; thence South along said East line of Cookane Avenue, 99.0 feet,then East parallel with the South line of Dixon Avenue extended, 424.45 feet for a Place of Beginning; thence South parallel with the East line of Cookane Avenue, 480.85 feet; thence East at right angles to said East line of Cookane Avenue, 63.95 feet; thence South parallel with the East line of Cookane Avenue, 264.0 feet;thence North 89 degrees 07 minutes 40 seconds West 488.41 feet to the East line of Cookane Avenue;thence North along said East line of Cookane Avenue 25.0 feet;thence North 89 degrees 07 minutes 40 seconds East, 173 feet;thence North 31 degrees 25 minutes 09 seconds East, 70.97 feet;thence North 39 degrees 26 minutes 51 seconds East, 78.68 feet;thence North 23 degrees 17 minutes 08 seconds East, 65.75 feet; thence North 5 degrees 43 minutes 07 seconds West 60.21 feet; thence North 15 degrees 45 minutes 10 seconds East 62.61 feet; thence North 13 degrees 01 minutes 02 seconds East, 51.87 feet; Thence North 0 degrees 00 minutes 00 seconds East 40 feet; thence North 56 degrees 18 minutes 36 seconds West, 36.06 feet; thence North 35 degrees 33 minutes 59 seconds West,52.77 feet;thence North 18 degrees 26 minutes 25 seconds East, 126.50 feet;thence North 0 degrees 00 minutes 00 seconds East, 124.44 feet;thence North 89 degrees 08 minutes 17 seconds East along the said East line parallel with the South line of Dixon Avenue extended, 129.42 feet to the Point of Beginning, being situated in the City of Elgin, Cook County, Illinois and, containing 136,406.2 square feet, more or less. 06-19-321-007 East That part of Lot 17 of the County Clerk's Subdivision of part of Section 19, Township 41 North, Range 9 East of the Third Principal Meridian,in the City of Elgin,Cook County,Illinois,described as follows: Commencing at the Southwest corner of said Lot 17; thence North 89 degrees 23 minutes 35 seconds East, 595.00 feet along the South line of said Lot 17 to the Point of Beginning; thence North 28 degrees 26 minutes 35 seconds East,343.75 feet;thence North 85 degrees 13 minutes 35 seconds East,204.17 feet;thence South 69 degrees 17 minutes 27 seconds East,267.36 feet;thence South 79 degrees 15 minutes 30 seconds East, 555.05 feet;thence South 89 degrees 18 minutes 19 seconds East, 389.68 feet; thence South 0 degrees 51 minutes 25 seconds East, 98.26 feet to the South line of said Lot 17;thence South 89 degrees 08 minutes 35 seconds West,415.26 feet along 5 the South line of said Lot 17 to the Southeast corner of the Southwest Quarter of Section 19, Township 41 North, Range 9 East of the Third Principal Meridian; thence South 89 degrees 23 minutes 35 seconds West, 1,138.58 feet to the Point of Beginning, containing 6.510 acres, more or less. 06-19-321-007 West That part of Lot 17 of the County Clerk's Subdivision of part of Section 19, Township 41 North, Range 9 East of the Third Principal Meridian,in the City of Elgin,Cook County,Illinois,described as follows: Beginning at the Southwest corner of said Lot 17;thence North 21 degrees 11 minutes 59 seconds West, 1,384.82 feet to the South Right of Way line of Bluff City Boulevard; thence North 89 degrees 44 minutes 02 seconds East, 120.00 feet along the South Right of Way line of Bluff City Boulevard; thence South 81 degrees 21 minutes 25 seconds East, 301.26 feet; thence South 21 degrees 54 minutes 22 seconds East, 631.97 feet; thence South 6 degrees 08 minutes 20 seconds West 147.70 feet; thence South 9 degrees 46 minutes 05 seconds East, 518.34 feet to the South line of said Lot 17;thence South 89 degrees 23 minutes 35 seconds West, 225.00 feet to the Point of Beginning,containing 10.274 acres, more or less. 06-30-100-004 & 005 Parcel 1 Of that part of Section 30, Township 41 North, Range 9 East of the Third Principal Meridian, in the Hanover Township, described as follows: Township and Range aforesaid, a distance of 1003.00 feet East of the Northwest corner of said Section; thence East a distance of 263.00 feet; thence Southeast at an angle of 50 degrees 18 minutes 00 seconds to the right,a distance of 83.00 feet;thence Southwest at an angle of 89 degrees 45 minutes 00 seconds to the right, a distance of 297.00 feet; thence Westerly at an angle of 37 degrees 10 minutes 00 seconds to the right, a distance of 53.00 feet;thence Northerly 259.57 feet, Deed being 245.00 feet) to the Point of Beginning (except that part of said Section; beginning at a point on North line of said Section 30, a distance of 1003.00 feet East of the Northwest corner of said Section; thence East along said North line, a distance of 263.00 feet; thence Southeast at an angle of 50 degrees 18 minutes 00 seconds to the right, a distance of 78.00 feet; thence West parallel with said North Section line, a distance of 304.56 feet [Deed being 313.00 feet]; thence Northerly, a distance of 60.58 feet, [Deed being 60.00 feet] to the Point of beginning), being situated in the City of Elgin, Cook County, Illinois,and containing 35,622.46 square feet more or less. Parcel 2 Of that part of Section 30, Township 41 North, Range 9 East of the Third Principal Meridian, in Hanover Township,described as follows: 6 Beginning at a point on the North line of said Section 30,Township and Range aforesaid,a distance of 1003.00 feet East of the Northwest corner of said Section; thence East along said North line, a distance of 263.00 feet; thence Southeast at an angle of 50 degrees 18 minutes 00 seconds to the right,a distance of 78.00 feet;thence West parallel with the said North Section line, a distance of 304.56 feet,(Deed being 313.00 feet);thence Northerly a distance of 60.58 feet,(Deed being 60.00 feet) to the Point of Beginning, being situated in the City of Elgin, Cook County, Illinois and containing 17,030.60 square feet more or less. 7 EXHIBIT B Map Depicting Donation Property (to be inserted) 8 e I Ilk FOREST Bluff Spring Fen - EwMINPRESERVES Bluff City BI rd Cook County Cit r of Elgin Donation Parcels Approx.20.5 Acres Amp s. Donation Parcel Boundary s Water FPCC Holdings I' r I 0 400 800 Feet I tFOREST Appraisal Plat Bluff City Blvd of `°°'County Bluff Spring Fen-CrtyofOglnDonabon n`y Approx 20.5 Acres PIN#06-19-321-057,06-30-100-005, l 06-30-100-004,06-19-321-007 jt 1 Donation Parcel Boundary Water FPCC Holdings ii 0 400 800 Feet