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HomeMy WebLinkAbout25-120 Resolution No. 25-120 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY OF KANE VACATING/ABANDONING EXCLUSIVITY OF UTILITY EASEMENT ALONG RANDALL ROAD 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 on behalf of the City of Elgin with the County of Kane vacating/abandoning exclusivity of utility easement along Randall Road, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: June 25, 2025 Adopted: June 25, 2025 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF KANE AND THE CITY OF ELGIN VACATING EXCLUSIVITY OF UTILITY EASEMENT THIS AGREEMENT made and entered into this 10th day of December 2024,by and between the City of Elgin,a municipal corporation of the State of Illinois,hereinafter referred to as the"City", and the County of Kane,a body corporate and politic of the State of Illinois,hereinafter referred to as the "County", each acting by and through their respective governing boards. The City and the County are herein after sometimes collectively referred to as the "Parties" and singularly as a "Party": WITNESSETH, WHEREAS, the Illinois Constitution of 1970, Article VII, Section 10 and 5 ILCS 220/1 et seq. authorizes the County and the City to cooperate in the performance of their respective duties and responsibilities by contract and other agreements;and WHEREAS, the City and the County desire to continue to provide for the safety and efficiency of Kane County Highway No. 34 (also known as "Randall Road" near its intersection with Illinois State Rte. 72 ("Rte. 72"); and WHEREAS, the City and the County entered into an intergovernmental agreement dated May 12, 1998 (hereinafter referred to as the "Intergovernmental Agreement"), wherein the City and the County pledged to cooperate among themselves regarding Randall Road between 1-90 and Rte.72 and the City further agreed to cause right-of-way for the improvement of Randall Road to be conveyed to the County to the extent to which it may lawfully do so;and WHEREAS, pursuant to said Intergovernmental Agreement the City further agreed to locate municipal utilities in consultation with the County in order to avoid potential highway and utility conflicts; and WHEREAS, on September 24, 1998, the City entered into an easement agreement with Galvin Family Partners, L.P. ("Grantor") (hereinafter referred to as the "Easement Agreement") wherein the Grantor granted a permanent exclusive easement to the City for the construction and maintenance of a municipal watermain and sanitary sewer line (hereinafter referred to as the "Easement") within the right-of-way proposed by the Intergovernmental Agreement for the expansion of Randall Road(the location of the Easement is hereinafter referred to as the"Easement Premises"); and WHEREAS,the Easement Agreement further provided that the grant of the Easement was subject to the condition that the Grantor had the right to construct a road across the Easement; and WHEREAS,said exclusive aspect of the Easement granted to the City under the Easement Agreement potentially interferes with the County's proposed widening of Randall Road, and the County has requested that the City vacate or otherwise abandon only the exclusive aspect of the Easement with respect to the County to the extent necessary to permit the County's proposed widening and future maintenance of Randall Road, the remainder of any possessory and other 1 of 6 rights of the City to the Easement to continue in effect. WHEREAS, the Parties find that the health and welfare of their residents are best served by entering into this Agreement to vacate or otherwise abandon the exclusivity of the Easement as provided herein; and WHEREAS, the Easement Premises that is subject to this Agreement is located within the corporate limits of the City;and WHEREAS, Randall Road is under the exclusive jurisdiction of the County. NOW,THEREFORE, in consideration of the mutual covenants contained herein,the Parties mutually covenant,agree and bind themselves as follows,to wit: GENERAL ACKNOWLEDGEMENTS 1. The Parties acknowledge and agree that the preambles set forth herein above are incorporated into and made a substantive part of this Agreement. 2. The Parties also acknowledge that the City has a possessory and other rights in the Easement and that the County has exclusive jurisdiction of Randall Road. Nothing in this Agreement is intended to nor shall be construed in any manner to alter or change the existing jurisdictional or possessory rights and responsibilities of the Parties to Randall Road or the Easement Premises with the exception of the exclusive aspect of the Easement with respect to the County to the extent necessary to permit the County's proposed widening and future maintenance of Randall Road. II. THE EASEMENT 1. The Parties acknowledge and agree that the Easement Premises are described as set forth in Exhibit"A"which is attached hereto and incorporated herein. 2. The Parties further acknowledge and agree that upon the vacation of the exclusivity of the Easement only with respect to the County and only to the extent necessary to permit the County's proposed widening and future maintenance of Randall Road,the City will continue to enjoy all other aspects, rights, duties, and obligations of the Easement as granted. III. CITY OBLIGATIONS 1. The City agrees and by approval and execution of this Agreement vacates and abandons its right to the exclusivity of the Easement only with respect to the County and only to the extent necessary to permit the County's proposed widening and future maintenance Randall Road and for no other purposes, all other exclusive rights of the City to the Easement with respect to the location or installation of any other utilities or improvements within the Easement Premises remaining. 2 of 6 2. The City agrees that it shall locate any municipal utilities along Randall Road in consultation with the County to avoid potential roadway/utility conflicts in future widening projects as provided for in the Intergovernmental Agreement. IV. COUNTY OBLIGATIONS 1. In the event that at any time in the future the County requires the City to relocate its watermain and sanitary facilities which are located within the Easement Premises,the County shall pay the cost of the design and relocation of the City's watermain and sanitary facilities and restoration of the Easement Premises. 2. In the event of relocation as previously mentioned in paragraph IV.1, the County shall also grant or cause to be granted a reasonably similar Easement Premises for the same purposes to the City. V. JOINT OBLIGATIONS 1. The Parties agreed to abide by the terms of the"Intergovernmental Agreement Between the City of Elgin and the County of Kane Regarding access and improvements to Randall Road from I-90 to State Route 72,"dated May 12, 1998. VI. GENERAL PROVISIONS 1. It is understood and agreed that this is an Intergovernmental Agreement between the City of Elgin and the County of Kane. 2. Wherever in this Agreement approval or review by any of the Parties hereto is provided for, said approval or review shall not be unreasonably delayed or withheld. 3. In the event of a dispute between the Parties in the carrying out of the terms of this Agreement,the County Director of Transportation/County Engineer and the Director of Public Works/City Engineer of the City shall meet and attempt resolve the issue. 4. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which shall be deemed one and the same instrument. 5. This Agreement may only be modified by written modification executed by duly- authorized representatives of the Parties hereto. 6. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and approved assigns. 7. It is agreed that the laws of the State of Illinois shall apply to this Agreement and that, in the event of litigation, venue shall lie in Kane County, Illinois. 3 of 6 8. All notices shall be in writing and shall be personally delivered or mailed to the following persons at the following addresses: To the County: The Kane County Division of Transportation 41 W 011 Burlington Road St. Charles, Illinois 60175. Attn: Director of Transportation/County Engineer To the City: The City of Elgin Public Works Department 1900 Holmes Road Elgin, IL 60120 Attn: Director of Public Works/City Engineer SIGNATURE PAGE FOLLOWS 4 of 6 IN WITNESS THEREOF, the PARTIES have executed this AGREEMENT on the dates indicated. Executed this 25th day of June 2025 THE CITY OF ELGIN By: 1,/(MP.,4Attes City Mayor Executed this /7- day of February 2025 THE COUNTY OF KANE B Attest: County Board Chairman 5 of 6 EXHIBIT"A" THAT PART OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, KANE COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 19; THENCE SOUTH 88 DEGREES 37 MINUTES 46 SECONDS WEST, ALONG THE SOUTH LINE OF SAID SOUHEAST QUARTER, 62.67 FEET TO THE WEST RIGHT OF WAY LINE OF RANDALL ROAD PER DOCUMENT NUMBER 97K066511; THENCE NORTH 00 DEGREES 51 MINUTES 58 SECONDS WEST ALONG SAID RIGHT OF WAY LINE, 550.02 FEET TO THE NORTH LINE OF THE SOUTH 550 FEET OF THE EAST HALF OF SAID SOUTHEAST QUARTER OF SECTION 19 TO THE POINT OF BEGINNING; THENCE SOUTH 88 DEGREES 37 MINUTES 46 SECONDS WEST, ALONG SAID NORTH LINE, 49.50 FEET TO A LINE OF 109.50 FEET WESTERLY OF AND PARALLEL WITH THE CENTERLINE OF SAID RANDALL ROAD; THENCETHE FOLLOWING TWO (2) COURSES ALONG SAID PARALLEL LINE; (1) THENCE NORTH 00 DEGREES 51 MINUTES 58 SECONDS WEST, 304 .22 FEET TO A POINT OF CURVATURE; (2)THENCE NORTHERLY ALONG A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 11349 .66 FEET FOR AN ARC LENGTH OF 432.69 FEET TO THE NORTH LINE OF THE SOUTH 1286 .85 FEET OF THE EAST HALF OF SAID SOUTHEAST QUARTER; THENCE NORTH 88 DEGREES 37 MINUTES 46 SECONDS EAST ALONG SAID NORTH LINE, 49.52 FEET TO SAID WEST RIGHT OF WAY LINE OF RANDALL ROAD;THENCE THE FOLLOWING TWO COURSES ALONG SAID WEST LINE;(1)THENCE SOUTHERLY ALONG A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 11399.16 FEET,A CHORD BEARING OF SOUTH 01 DEGREES 57 MINUTES 17 SECONDS EAST, A CHORD LENGTH OF 433.10 FEET,FOR AN ARC LENGTH OF 433 .13 FEET TO A POINT OF TANGENCY; (2)THENCE SOUTH 00 DEGREES 51 MINUTES 58 SECONDS EAST, 303 .78 FEET TO THE POINT OF BEGINNING, CONTAINING 0.84 ACRES, MORE OR LESS. 6 of 6 Resolution No. 25-120 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY OF KANE VACATING/ABANDONING EXCLUSIVITY OF UTILITY EASEMENT ALONG RANDALL ROAD 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 on behalf of the City of Elgin with the County of Kane vacating/abandoning exclusivity of utility easement along Randall Road, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: June 25, 2025 Adopted: June 25, 2025 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF KANE AND THE CITY OF ELGIN VACATING EXCLUSIVITY OF UTILITY EASEMENT THIS AGREEMENT made and entered into this 10th day of December 2024,by and between the City of Elgin,a municipal corporation of the State of Illinois,hereinafter referred to as the"City", and the County of Kane,a body corporate and politic of the State of Illinois,hereinafter referred to as the "County", each acting by and through their respective governing boards. The City and the County are herein after sometimes collectively referred to as the "Parties" and singularly as a "Party": WITNESSETH, WHEREAS, the Illinois Constitution of 1970, Article VII, Section 10 and 5 ILCS 220/1 et seq. authorizes the County and the City to cooperate in the performance of their respective duties and responsibilities by contract and other agreements;and WHEREAS, the City and the County desire to continue to provide for the safety and efficiency of Kane County Highway No. 34 (also known as "Randall Road" near its intersection with Illinois State Rte. 72 ("Rte. 72"); and WHEREAS, the City and the County entered into an intergovernmental agreement dated May 12, 1998 (hereinafter referred to as the "Intergovernmental Agreement"), wherein the City and the County pledged to cooperate among themselves regarding Randall Road between I-90 and Rte.72 and the City further agreed to cause right-of-way for the improvement of Randall Road to be conveyed to the County to the extent to which it may lawfully do so; and WHEREAS, pursuant to said Intergovernmental Agreement the City further agreed to locate municipal utilities in consultation with the County in order to avoid potential highway and utility conflicts; and WHEREAS, on September 24, 1998, the City entered into an easement agreement with Galvin Family Partners, L.P. ("Grantor") (hereinafter referred to as the "Easement Agreement") wherein the Grantor granted a permanent exclusive easement to the City for the construction and maintenance of a municipal watermain and sanitary sewer line (hereinafter referred to as the "Easement") within the right-of-way proposed by the Intergovernmental Agreement for the expansion of Randall Road(the location of the Easement is hereinafter referred to as the"Easement Premises"); and WHEREAS,the Easement Agreement further provided that the grant of the Easement was subject to the condition that the Grantor had the right to construct a road across the Easement; and WHEREAS,said exclusive aspect of the Easement granted to the City under the Easement Agreement potentially interferes with the County's proposed widening of Randall Road, and the County has requested that the City vacate or otherwise abandon only the exclusive aspect of the Easement with respect to the County to the extent necessary to permit the County's proposed widening and future maintenance of Randall Road, the remainder of any possessory and other 1 of 6 rights of the City to the Easement to continue in effect. WHEREAS, the Parties find that the health and welfare of their residents are best served by entering into this Agreement to vacate or otherwise abandon the exclusivity of the Easement as provided herein; and WHEREAS, the Easement Premises that is subject to this Agreement is located within the corporate limits of the City;and WHEREAS,Randall Road is under the exclusive jurisdiction of the County. NOW,THEREFORE, in consideration of the mutual covenants contained herein,the Parties mutually covenant, agree and bind themselves as follows,to wit: I. GENERAL ACKNOWLEDGEMENTS 1. The Parties acknowledge and agree that the preambles set forth herein above are incorporated into and made a substantive part of this Agreement. 2. The Parties also acknowledge that the City has a possessory and other rights in the Easement and that the County has exclusive jurisdiction of Randall Road. Nothing in this Agreement is intended to nor shall be construed in any manner to alter or change the existing jurisdictional or possessory rights and responsibilities of the Parties to Randall Road or the Easement Premises with the exception of the exclusive aspect of the Easement with respect to the County to the extent necessary to permit the County's proposed widening and future maintenance of Randall Road. II. THE EASEMENT 1. The Parties acknowledge and agree that the Easement Premises are described as set forth in Exhibit"A"which is attached hereto and incorporated herein. 2. The Parties further acknowledge and agree that upon the vacation of the exclusivity of the Easement only with respect to the County and only to the extent necessary to permit the County's proposed widening and future maintenance of Randall Road,the City will continue to enjoy all other aspects, rights, duties, and obligations of the Easement as granted. III. CITY OBLIGATIONS 1. The City agrees and by approval and execution of this Agreement vacates and abandons its right to the exclusivity of the Easement only with respect to the County and only to the extent necessary to permit the County's proposed widening and future maintenance Randall Road and for no other purposes, all other exclusive rights of the City to the Easement with respect to the location or installation of any other utilities or improvements within the Easement Premises remaining. 2 of 6 2. The City agrees that it shall locate any municipal utilities along Randall Road in consultation with the County to avoid potential roadway/utility conflicts in future widening projects as provided for in the Intergovernmental Agreement. IV. COUNTY OBLIGATIONS 1. In the event that at any time in the future the County requires the City to relocate its watermain and sanitary facilities which are located within the Easement Premises,the County shall pay the cost of the design and relocation of the City's watermain and sanitary facilities and restoration of the Easement Premises. 2. In the event of relocation as previously mentioned in paragraph IV.1, the County shall also grant or cause to be granted a reasonably similar Easement Premises for the same purposes to the City. V. JOINT OBLIGATIONS 1. The Parties agreed to abide by the terms of the"Intergovernmental Agreement Between the City of Elgin and the County of Kane Regarding access and improvements to Randall Road from I-90 to State Route 72,"dated May 12, 1998. VI. GENERAL PROVISIONS 1. It is understood and agreed that this is an Intergovernmental Agreement between the City of Elgin and the County of Kane. 2. Wherever in this Agreement approval or review by any of the Parties hereto is provided for, said approval or review shall not be unreasonably delayed or withheld. 3. In the event of a dispute between the Parties in the carrying out of the terms of this Agreement,the County Director of Transportation/County Engineer and the Director of Public Works/City Engineer of the City shall meet and attempt resolve the issue. 4. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which shall be deemed one and the same instrument. 5. This Agreement may only be modified by written modification executed by duly- authorized representatives of the Parties hereto. 6. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and approved assigns. 7. It is agreed that the laws of the State of Illinois shall apply to this Agreement and that, in the event of litigation, venue shall lie in Kane County, Illinois. 3 of 6 8. All notices shall be in writing and shall be personally delivered or mailed to the following persons at the following addresses: To the County: The Kane County Division of Transportation 41 W 011 Burlington Road St. Charles, Illinois 60175. Attn: Director of Transportation/County Engineer To the City: The City of Elgin Public Works Department 1900 Holmes Road Elgin, IL 60120 Attn: Director of Public Works/City Engineer SIGNATURE PAGE FOLLOWS 4 of 6 IN WITNESS THEREOF, the PARTIES have executed this AGREEMENT on the dates indicated. Executed this 25th day of June 2025 THE CITY OF ELGIN By: Attes City Mayor t4, , Executed this ' day of February 2025 THE COUNTY OF KANE B Attest: ' County Board Chairman 5 of 6 EXHIBIT"A" THAT PART OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, KANE COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 19; THENCE SOUTH 88 DEGREES 37 MINUTES 46 SECONDS WEST, ALONG THE SOUTH LINE OF SAID SOUHEAST QUARTER, 62.67 FEET TO THE WEST RIGHT OF WAY LINE OF RANDALL ROAD PER DOCUMENT NUMBER 97K066511; THENCE NORTH 00 DEGREES 51 MINUTES 58 SECONDS WEST ALONG SAID RIGHT OF WAY LINE, 550.02 FEET TO THE NORTH LINE OF THE SOUTH 550 FEET OF THE EAST HALF OF SAID SOUTHEAST QUARTER OF SECTION 19 TO THE POINT OF BEGINNING; THENCE SOUTH 88 DEGREES 37 MINUTES 46 SECONDS WEST, ALONG SAID NORTH LINE, 49.50 FEET TO A LINE OF 109.50 FEET WESTERLY OF AND PARALLEL WITH THE CENTERLINE OF SAID RANDALL ROAD; THENCETHE FOLLOWING TWO (2) COURSES ALONG SAID PARALLEL LINE; (1) THENCE NORTH 00 DEGREES 51 MINUTES 58 SECONDS WEST, 304 .22 FEET TO A POINT OF CURVATURE; (2)THENCE NORTHERLY ALONG A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 11349 .66 FEET FOR AN ARC LENGTH OF 432.69 FEET TO THE NORTH LINE OF THE SOUTH 1286 .85 FEET OF THE EAST HALF OF SAID SOUTHEAST QUARTER; THENCE NORTH 88 DEGREES 37 MINUTES 46 SECONDS EAST ALONG SAID NORTH LINE, 49.52 FEET TO SAID WEST RIGHT OF WAY LINE OF RANDALL ROAD;THENCE THE FOLLOWING TWO COURSES ALONG SAID WEST LINE; (1)THENCE SOUTHERLY ALONG A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 11399.16 FEET, A CHORD BEARING OF SOUTH 01 DEGREES 57 MINUTES 17 SECONDS EAST, A CHORD LENGTH OF 433.10 FEET,FOR AN ARC LENGTH OF 433 .13 FEET TO A POINT OF TANGENCY;(2)THENCE SOUTH 00 DEGREES 51 MINUTES 58 SECONDS EAST, 303 .78 FEET TO THE POINT OF BEGINNING, CONTAINING 0.84 ACRES, MORE OR LESS. 6 of 6