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Home My WebLink About97-272 JULY, 2007 IN REVIEWING THIS FILE, IT WAS DETERMINED THAT AN EXECUTED COPY OF THE AGREEMENT LISTED BELOW WAS NEVER RETURNED TO THE CLERK'S OFFICE. ALL THAT IS AVAILABLE IS THE ATTACHED DRAFT COPY OF THE AGREEMENT AND ITS SUPPORTING PAPERWORK. REFERENCE: RESOLUTION NO. 97-272 SUBJECT: AGREEMENT WITH KANE COUNTY FOR JUSRISDICTIONAL TRANSFER OF EAST ACCESS DRIVE ALSO KNOWN AS MASON ROAD TO THE CITY'S MUNICIPAL STREET SYSTEM Arse- -L " c)LILLL.) ct.A-C) ��. - �� L . • SPEED MESSAGE , •icr , ' FROM (/.72JL ?, ."0 'T.)',,,-(i -;;;;;,./ ''.''. "-1:,J 1.t "4. ; ? (-' '.7:.-'-,'•; ,..---\ /7 SUBJECT /7.--vv..0...,.4 ,..„.7 .. \,-.t'1A,,,e,? __A,f.,:( :. _,,,,..„0.,„.,,,,,,/ .. ,_. ,.0,-, ,,,. .4, ...., ,.... , _ , ,-- (ri„ ...Q,!_<--, k , ,1,...-.4„/. ( cr'/' ".../-r ,- — cr,_: —,--,,,-4.--, .-:'-. ,f,- „ ,, , 4 if” . .,i , 0 = (----, .. •, ../, /.., .i ....). ( ., / = /,/ / _.,.;: 61,--,7,-,4.., ( ..e-,...4-5-,,,..1--/—* (---('.1,1..' 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SIGNED IN WilsonJones® WHITE—ORIGINAL CANARY—DUPLICATE 44-900•Duplicate Resolution No. 97-272 RESOLUTION AUTHORIZING EXECUTION OF A LOCAL AGENCY AGREEMENT FOR JURISDICTIONAL TRANSFER OF EAST ACCESS ROAD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Kevin Kelly, Mayor, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Kane County for jurisdictional transfer of East Access Road, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: November 19, 1997 Adopted: November 19 , 1997 Omnibus Vote: Yeas 7 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk 4c4 F c City of Elgin f Agenda Item No. ii It October 28, 1997 TO: Mayor and Members of the City Council FROM: Robert 0. Maim, Interim City Manager SUBJECT : East Access Road (Mason Road) Jurisdictional Transfer Agreement with Kane County PURPOSE The purpose of the memorandum is to provide the Mayor and members of the City Council with information to consider proceeding with the jurisdictional transfer of Kane County' s East Access Drive, also known as Mason Road, to the City' s municipal street system. BACKGROUND 001K The County' s East Access Drive was constructed in 1992 by the Illinois Toll Highway Authority (ITHA) in conjunction with the off ramp to Randall Road. In order to construct the off ramp, ITHA needed to obtain roadway rights upon the Bartels property. Since Kane County is the local agency with jurisdiction over Randall Road, the County was charged with obtaining the necessary rights . The rights were obtained via a 1989 Kane County/Bartels Farm Corporation agreement . The submission of a complete copy of this agreement is required as a condition of the currently proposed transfer of this roadway from Kane County to the City of Elgin . The same Bartels property was annexed to the City of Elgin in 1991, 15 months after the County' s agreement was executed. In 1997, six years after annexing to Elgin, the successor of the Bartels property, PanCor Development Group, submitted plans for the development of the Bartels farm. PanCor approached the City to accept the county road. PanCor' s request is based on the City' s ability to provide better standard services, thereby making their development more marketable. eft' East Access Road (Mason Road) October 28, 1997 Page 2 rh.., Several meetings between City, County and PanCor officials led to some unresolved issues and the Local Agency Agreement for Jurisdictional Transfer, attached as Exhibit A. At the October 22, 1997 Committee of the Whole meeting, the City Council discussed with County Board members the acceptance of a transfer that would include the two stipulations noted in the County' s resolution. The conditions are that curb cuts onto Mason Road (East Access Drive) are prohibited within 400 feet of the Randall Road intersection and, secondly, costs for all future improvements to the intersection with Randall Road are solely the responsibility of the City and/or developer . The County' s resolution is included as Attachment D. The County and City conditions requiring resolution are spelled out in Attachment B of the Local Agency Agreement . PanCor has verbally agreed to provide improvements to bring the existing road configuration up to City standards (item 2 in Attachment D) . Once the conditions of the executed jurisdictional transfer agreement are met and the County and City execute the agreement, the City becomes the jurisdictional agency responsible for the maintenance of the road. The jurisdictional transfer is forwarded to the State of Illinois oplik for processing and record maintenance . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Kane County, PanCor ()pyINANCIAL IMPACT Costs associated with the maintenance of the subject road will become part of the annual maintenance program. No additional maintenance costs are anticipated at this time . Costs of the future intersection improvements at Randall Road, estimated at this time to be between $500, 000 and $1 million, will become the responsibility of the City. LEGAL IMPACT None . ALTERNATIVES None . rm. East Access Road (Mason Road) October 28, 1997 Page 3 RECOMMENDATION The City Council has requested the jurisdictional transfer agreement for Mason Road be placed on this agenda for consideration. Respectfully submitted, David L. Lawry, P. Director of Public Works --).•*,/A7/://' 7: a, Raymond H. Moller Directorof Business Services and Properties Y. Re r K. Dahlstrom f Planning Rob t 0. Maim Inte im City Manager JE/do Attachments tow Local Agency No.1 (Conveyor) I Local Agency rici.4 triCLIWIC114./ , Illinois Department •`,( of Transportation Municipality XX I Municipality ELGIN • LOCAL AGENCY Township/ Township/ AGREEMENT Road District XX Road District XX FOR JURISDICTIONAL TRANSFER County KAi4E I County XX In accordance with authority granted in Section 4-409 of the Illinois Highway Code. this ageement is made and entered into be- tween the above Local Agency No. 1, hereinafter referred to as 'CONVEYOR"' and the above Local Agency No. 2. hereinafter referred to as"RECIPIENT'.to transfer the jurisdiction of the designated location from the CONVEYOR to the RECIPIENT. Location Description EAST ACCESS ROAD Name Route 85 Length 1 .605 ' Miles n_3 MN FS A Termini THE EAST RIGHT-OF-WAY LINE OF RANnAii ROAn AT POINT 1 ,700' NORTH OF THE SOUTH SECTION LINE OF SECTION 29 OF DUNDEE TOWNSHIP TO A POINT ON THE EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 32 OF DUNDEE TOWNSHIP. This transfer does/does not include Structure No. XX Include for Municipalities Only WHEREAS.the authority to.make changes to the Municipal Street System is granted to the Municipality by Section 7-101 of the Illinois Highway Code. NOW THEREFORE IT IS AGREED that the corporate authority of said municipality will pass an ordinance providing for the transfer of the above location and shall attach hereto and make a part hereof a copy of the ordinance,and Include for Counties Only WHEREAS, the authority to make changes to the County Highway System is granted to the County by Section 5-105 of the Illinois Highway Code. • NOW THEREFORE IT IS AGREED that the County Board of said County will pass a resolution providing for the transfer of the - above location and shall attach hereto and make a part hereof a copy of the resolution,and Include for Township/Road Districts Only WHEREAS, the authority to make changes to the Township/Road District System is granted to the Highway Commissioner under Section 6-201.3 of the Illinois Highway Code. THE CONVEYOR AGREES to prepare a map of the above location and attach a copy of such location map hereto.(ATTACHMENT A) • IT IS MUTUALLY AGREED, that this jurisdictional transfer will become effective upon: THE CONDITIONS DEFINFD ON ATTACHMENT B • Supplements Additional information and/or stipulations,if any,are hereby attached and identified below as being a part of this agreement. Supplement A A. B, C and n (Insert supplement numbers or letters and page numbers,if applicable.) IT IS FURTHER AGREED, that the provisions of this agreement shall be binding upon and inure to the benefit of the parties hereto. their successors and assigns. APPROVED BY CONVEYOR APPROVED BY RECIPIENT • Name MICHAEL MCCOY Name KFVTU KEW( Title CHAIRMAN COUNTY BOARD Title MAYOR Chairman Cot.frity Board/Mayor/Village President/etc. Chairman County Board/Mayor/Village President/etc. • • Stvrature Signature APPROVED • STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION By: Director of Highways Date 1O2 19'59i -19- \ .\ \.‘ \---' ,i• • \ t + ��alto.,X,212 . '\ \I \ ."3 OS • O - X �OD`��„�o�o ,�» N 06 - - poi,I/ pOOZ N�jW� �oyoo ..- NSNk,°L d l, L66' b 15 Of 4� �- d�I.X35 i° SS3-5) 915 S ° 41 N 1 o 153�3N`� is sNd�1' Vi t40 ,Aott �d QQ �Nd la,N11.4 153M ;° ddW �'�j 'S t l°14� 1 (1 ocr IP \ 1\ kV 1 r..1-,-".4.'c.'••:S. 266‘ \1.\\\\ - \t \ ,\____ y „Loo., ...- _ '��r`�?v. ` „1y_ p\ t *,\ \'' ,Q �\' 0. h4•I yk \ _ ' Oi.�r, +.. $ 9C `�\ y6 "LVV, 4'L • CCP �\ Z...Gt Gam.• �`�� ("�►\,1S` 6b` LN3WN 1 N,,� ��1N enc \• , = \ :: t00-bG L <, t. 9� -y,41.1u ..., tt cog\ o ' V t .....• o ea K' ._ % +p s\ ,Z + tr. ‘, M o * ' i.. \ . 00 •�+ $ `L A K 'o i O ,y,-t, O L 0 • \I\ . . ••••0 ` 6,0'Ga i tors _ -L +L top' �• • t r L - K •a m • 6op"19 1�F gp0.0 f *)•/4- ess v - I. gri 3 N ., o •+t o\o.av p t0 ,. N o rp `OW” la R t• t\°"9 W E O L00.80 N T t, L0.04 Attachment B Jurisdictional transfer will become effective upon: 1 . The recording of a plat dedicating 100 ' of right-of-way for the length of the road and sufficient right-of-way to accommodate the cul-de-sac plus thirty feet ( 15 feet off edge of pavement) to the City of Elgin. Plat must be approved by the City of Elgin. 2 . Approval of a revised annexation agreement with Pan Cor Development which guarantee ' s completion of improvements to the East Access Road to minimum City street standards and limits access to the East Access Road, from the Pan Cor Development to 400 feet or greater from Randall Road. 3 . The submission of the Kane County/Bartels Farm Corporation agreement, original construction plans and details and inspection reports . 4 . The City and/or developers shall be responsible for the cost of any improvements of the Randall Road and East Access Drive intersection due to development demands along the East Access Drive. C Attachment C 1 of 2 Ordinance No. G AN ORDINANCE PROVIDING FOR THE TRANSFER OF EAST ACCESS ROAD FROM THE KANE COUNTY HIGHWAY SYSTEM TO THE CITY OF ELGIN MUNICIPAL STREET SYSTEM WHEREAS, the County of Kane and the City of Elgin under date of entered into an agreement for transfer of jurisdiction of East Access Road from east of Randall Road to a point 1605 feet, measured along said road' s centerline, eastward to the municipal street system. NOW, THEREFORE, BE IT ORDAINED. BY THE ,CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That the improvement of East Access Road from east of Randall Road to a point 1605 feet, measured along said road' s centerline, eastward within the city limits be added to the municipal street system. Section 2 . That the City Clerk is directed to forward a certified copy of this ordinance to the State of Illinois through its District Engineer' s office at 201 West Center Court, Schaumburg, Illinois . Kevin Kelly, Mayor Presented: Passed: Vote : Yeas Nays Recorded: Published: Attest: Dolonna Mecum, City Clerk • ^ • Attachment C • 2 of 2 State of Illinois ) County of Kane ) ss . City of Elgin CERTIFICATE OF CITY CLERK I , Dolonna Mecum, DO HEREBY CERTIFY that I am the duly qualified City Clerk of the City of Elgin, in the Counties of Kane and Cook in the State of Illinois, and that as such City Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal thereof. I DO FURTHER CERTIFY that the attached is a full, true, and correct copy of : ORDINANCE NO. AN ORDINANCE Ar!, PROVIDING FOR THE TRANSFER OF EAST ACCESS ROAD FROM THE KANE COUNTY HIGHWAY SYSTEM TO THE CITY OF ELGIN MUNICIPAL STREET SYSTEM passed by the Elgin City Council at its legally convened meeting held on , the original of which is entrusted to my care for safe keeping. In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the City of Elgin at the said City in the County and State aforesaid this day of 199 City Clerk (SEAL) • Attachment D STATE OF ILLINOIS COUNTY OF KANE RESOLUTION NO APPROVING A LOCAL AGENCY AGREEMENT FOR THE JURISDICTIONAL TRANSFER OF A COUNTY HIGHWAY TO THE CITY OF ELGIN (County Highway No. 85 - Commonly referred to as East Access Drive) 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 County of Kane has jurisdiction over Kane County Highway No. 85 located in Section 29 and 32 of Dundee Township that is also commonly referred to as East Access Drive; and, WHEREAS, the City of Elgin desires to acquire jurisdiction over Kane County Highway No. 85 also known as East Access Drive from its intersection with Randall Road east to its easterly termini to facilitate economic development; and WHEREAS, the Agreement for Jurisdictional Transfer shall include the following stipulations : 1 . Access to East Access Drive shall be prohibited within 400 feet of its intersection with Randall Road. 2 . The costs of any and all future improvements to the intersection of Randall Road and East Access Drive shall be paid for solely by the developer (s) along East Access Drive and/or the City of Elgin as property development warrants . WHEREAS, the improvement is deemed by the County and the City of Elgin to be of immediate benefit to the residents of the County of Kane in that it shall facilitate the safe and efficient movement of traffic and shall provide for the safety of the motoring public. NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that jurisdiction of Kane County Highway No . 85 also known as East Access Drive from its intersection with Randall Road east to its termini be transferred to the City of Elgin and that the Chairman of the Kane County Board is also hereby authorized to execute any documents necessary to effectuate said jurisdictional transfer. And said jurisdictional transfer shall be effective upon the execution of the Local Agency Agreement for Jurisdictional Transfer by all requisite parties . Passed by the Kane County Board on Clerk, County Board Chairman, County Board Kane County, Illinois Kane County, Illinois