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HomeMy WebLinkAbout26-113 Resolution No. 26-113 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY OF KANE REGARDING THE RANDALL ROAD AND BIG TIMBER ROAD INTERSECTION IMPROVEMENT PROJECT, INCLUDING UTILITY RELOCATION AND EASEMENT MATTERS 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, regarding the Randall Road and Big Timber Road Intersection Improvement Project, including the relocation of certain City water main facilities, the vacation of the City's existing exclusive utility easement,the acceptance of a replacement permanent easement from the County, and the respective rights, responsibilities, and cost-sharing obligations of the parties related thereto, in such form as approved by the Corporation Counsel. s/David J. Kaptain David J. Kaptain, Mayor Presented: July 8, 2026 Adopted: July 8, 2026 Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF KANE AND THE CITY OF ELGIN This Agreement is entered into this day of July 2026, by and between the COUNTY OF KANE, a body corporate and politic of the State of Illinois, hereinafter the "COUNTY", and the CITY OF ELGIN, a home rule municipal corporation of the State of Illinois, hereinafter the "CITY". The COUNTY and the CITY are hereinafter sometimes collectively referred to as the "Parties"and each individually sometimes referred to as a"Party". WITNESSETH: WHEREAS, the COUNTY has jurisdiction of Kane County Highway No. 34 (also known as "Randall Rd.") and Kane County Highway No. 21, (also known as "Big Timber Rd."), which COUNTY jurisdiction is in its entirety west of Randall Rd. (hereinafter "West Big Timber Rd.") and the CITY has jurisdiction of Big Timber Rd. in its entirety east of Randall Rd. (hereinafter "East Big Timber Rd."). WHEREAS, the COUNTY, in order to facilitate the free flow of traffic and ensure safety of the motoring public, now desires to widen and re-align the intersection of Randall Rd., West Big Timber Road and East Big Timber Rd. (hereinafter collectively the"Intersection"),by making the following improvements: Re-alignment and widening on all four legs of the Intersection (Randall Rd., West Big Timber Rd. and East Big Timber Rd.) including full depth widening and resurfacing and reconstruction thereof, to realign, and improve the intersecting angle of said Roads; including the addition of through lanes and left and right hand turn lanes, raised medians, drainage facilities, traffic signal modernization and pedestrian accommodations at or near the within unincorporated Kane County and incorporated City of Elgin, (generally hereinafter referred to as the "Project"), and all other work appurtenant thereto and necessary to complete the Project in accordance with the approved design plans and specifications as set forth in Section No.: 19-369-01-CH, (hereinafter collectively the "Plans") which are incorporated herein by reference and made a part hereof; and WHEREAS, the COUNTY's highway right-of-way for Randall Rd. and West Big Timber Rd. within the limits of the Project are hereinafter referred to as the"Right-of-Way"; and WHEREAS, the CITY owns various water main improvements located within the COUNTY's rights of way for Randall Rd. and West Big Timber Rd., (hereinafter the"CITY Water Main")and in particular CITY Water Main located in the Right-of-Way, which water main improvements were previously installed, utilized, and maintained by the CITY; and WHEREAS, the Project improvements that the COUNTY will construct require the CITY Water Main to be relocated, and for adjustments to be made to the CITY's fire hydrants and valve vaults, 1 which are a part of and appurtenant the CITY Water Main (hereinafter collectively the "Water Main Relo"), and the plans for the Water Main Relo work have been incorporated into the Plans at the request of the CITY. WHEREAS, a part of the Water Main Relo that is located in the Right of Way in the southwest quadrant of the Intersection is in an exclusive permanent easement held by the CITY for water main purposes as depicted in Exhibit "A," which is attached hereto and incorporated herein (hereinafter referred to as the"Exclusive Easement"), which easement directly interferes with the COUNTY's proposed Project and the COUNTY has requested and the CITY has agreed to vacate the Exclusive Easement in accordance with the terms and provisions of this Agreement; and WHEREAS,the Parties,by this Agreement, intend to cooperate in the Water Main Relo and in the Project generally and desire to memorialize their respective responsibilities toward permitting, design engineering, relocation, construction, construction engineering, funding, and maintenance of the CITY Water Main; and WHEREAS, the COUNTY, by virtue of its powers as set forth in the Illinois Highway Code 605 ILCS 5/9-113 and the CITY,by virtue of its home rule authority and its powers as set forth in the Illinois Municipal Code 65 ILCS 5/1-1-1,et seq.,are authorized to enter into this Agreement; and WHEREAS,The Parties are authorized to enter into this intergovernmental agreement pursuant to Article VII, Section 10 of the Illinois Constitution and the Intergovernmental Cooperation Act,of the Illinois Compiled Statutes, (5 ILCS 220/1 et seq.). NOW,THEREFORE, in consideration of the aforementioned recitals and the mutual covenants contained herein,the receipt and sufficiency of which are hereby acknowledged,the Parties hereto mutually,covenant, agree, and bind themselves as follows; to wit: I. PROJECT ENGINEERING A. The COUNTY has performed preliminary and design engineering, is in the process of finalizing contract plans, and has obtained the necessary surveys for the Project, including the included Water Main Relo. B. The CITY at its own cost has provided the COUNTY with the design engineering necessary for the Water Main Relo, and the COUNTY has incorporated the CITY's Water Main Relo design engineering into the Plans. The CITY has subsequently approved the Plans as said Plans impact East Big Timber Rd. and has further approved the preliminary and design engineering,for the Water Main Relo as incorporated in the Plans by the COUNTY. C. The COUNTY shall assume overall responsibility for the completion of the Project including the Water Main Relo. Unless otherwise provided in this Agreement to the contrary, the COUNTY's responsibility shall include obtaining certain permits (U.S. Army Corps of Engineers, Office of Natural Resources, Environmental Protection Agency, etc.) and joint participation and/or force account agreements (Township, 2 Municipal, Railroad, Utility, etc.), as may be required for the Project in conjunction with general Project schedules and deadlines. The Parties hereto agree to cooperate insofar as their individual jurisdictional authority allows with the timely acquisition and clearance of said permits and agreements and in complying with all applicable Federal and State, and local regulations and requirements pertaining to work proposed for the Project. D. The CITY agrees to secure a Water Main Construction Permit from the Illinois Environmental Protection Agency and any additional permits specifically required to complete the Water Main Relo. Copies of the permits identified within this section shall be provided to the COUNTY. II. RIGHT OF WAY A. The COUNTY represents and warrants: i) The COUNTY has performed all survey work and prepared all parcel plats and legal descriptions for all COUNTY highway Right-of-Way (both permanent and temporary),whether within unincorporated or incorporated Kane County necessary for the construction of the Project and its incorporated Water Main Relo as indicated in the Plans; ii) All Right-of-Way acquired for construction of the Project, or for other improvements to be required by the COUNTY in its name and at its expense; iii) Parcel plats and legal descriptions for any property acquired as Right-of-Way or COUNTY facilities will generally conform to the Illinois Department of Transportation's (IDOT) required formats; and iv) The COUNTY shall be solely responsible for all Right-of-Way costs for the Project including any Right of Way to be utilized for the Water Main Relo. Right-of-Way costs shall include the purchase price thereof, as well as the costs of negotiations, appraisals,title evidence,relocation assistance payment,property management,and such expenses, fees and costs, including legal fees and expenses as may be necessary to acquire said right-of-way. III. UTILITY RELOCATION A. The Parties acknowledge that Project surveys conducted by the COUNTY revealed the locations of various other CITY utility facilities within the existing COUNTY Right- of-Way adjacent to both Randall Rd., East Big Timber, and West Big Timber Roads that may require relocation due to the Project. B. The COUNTY has made all reasonable efforts to minimize the number of relocations and adjustments to CITY utilities (other than the Water Main Relo which adjustments 3 that have been made by the CITY), which will require adjustment or relocation as part of the Project, if any. C. The COUNTY agrees to cooperate with the necessary relocation and adjustments to any existing CITY utility facilities located within the Right-of-Way where improvements to COUNTY highways are proposed by the COUNTY to be done in conjunction with the Project including the design, construction engineering and construction of adjustments for, and relocation of CITY utility facilities which shall initially be at the sole expense of the COUNTY, and to issue all necessary COUNTY permits that may be required for the adjustment(s) to the extent of its lawful authority at no cost to the CITY.Notwithstanding anything herein to the contrary,the CITY shall pay the actual cost of that portion of construction and construction engineering costs of the Water Main Relo as hereinafter provided for in this Agreement; provided,however that the COUNTY shall pay the actual cost of the construction and construction engineering costs for that portion of the Water Main Relo, or for any other adjustment or relocation of any other CITY utilities, located within the Exclusive Easement premises. D. The CITY agrees to cooperate with the COUNTY with respect to any Project-impacted private or public utilities and to issue all necessary CITY permits that may be required for the adjustment(s) to the extent of its lawful authority at no cost to the COUNTY; provided, however, that the CITY will not be responsible for the cost of replacing private or public easement,with such cost to be the sole responsibility of the COUNTY. This applies to all locations where private or public utility facilities (other than CITY utility facilities) are located in COUNTY Right-of-Way, which are to be adjusted due to the work proposed by the COUNTY for the Project. IV. CONSTRUCTION A. The Parties acknowledge that the State of Illinois will competitively advertise and receive Project bids and award the Project contracts to the lowest responsible bidder(s) in accordance with the Illinois Prevailing Wage Act and other applicable State and federal regulations. B. The COUNTY shall provide construction engineering inspections and cause the Project to be constructed in accordance with the Plans and specifications subject to any reimbursement by the CITY provided for in this Agreement. C. Any COUNTY requested changes from the Plans that affect the CITY Water Main and/or the Water Main Relo shall be submitted to the CITY for approval prior to commencing such work. The CITY shall review the proposed changes and indicate its approval or disapproval thereof in writing. If the proposed change(s) to the Plans and specifications are not acceptable,the CITY shall detail in writing its specific objections. The City shall not unreasonably withhold its approval. If the COUNTY receives no written response from the CITY within three(3)business days after providing written notification to the CITY of the proposed change(s), the proposed change shall be 4 deemed approved by the CITY. The parties shall attempt to resolve any dispute concerning the Water Main Relo in accordance with Section VIII.F of this Agreement. Any change order requested by the COUNTY shall not substantially delay the progress of the Project and shall be at the sole expense of the COUNTY. D. Any CITY requested changes from the Plans that affect the East Big Timber Rd. or the Water Main Relo parts of the Project,shall be submitted to the COUNTY for approval prior to commencing such work.The COUNTY shall review the proposed changes and indicate its approval or disapproval thereof in writing. If the proposed changes(s)to the Plans and specifications are not acceptable, the COUNTY shall detail in writing its specific objections. The COUNTY shall not unreasonably withhold its approval. If the CITY receives no written response from the COUNTY within three(3) business days after providing written notification to the COUNTY of the proposed change(s), the proposed change shall be deemed approved by the COUNTY.The Parties shall attempt to resolve any dispute concerning the Water Main Relo in accordance with Section VIII.F of this Agreement. Any change order requested by the CITY shall not delay substantially the progress of the Project and shall be at the sole expense of the CITY. E. The COUNTY shall require its contractor(s) working within the Right-of-Way to comply with Section 107.26 of the Standard Specifications for Road and Bridge Construction of the Illinois Department of Transportation. This section of the specifications shall be incorporated by reference into this Agreement. The COUNTY shall require that the contractors working on all portions of the Project shall maintain at a minimum levels of liability insurance as required by the Illinois Department of Transportation's Standard Specification for Road and Bridge Construction (latest edition)and shall name the CITY and the COUNTY as additionally insured parties and supply certificates thereof to the Parties prior to commencement of work on the Project. The COUNTY shall provide copies of the certificates with CITY upon request. F. The COUNTY,on its own behalf and on the behalf of any entity or individual working on behalf of the COUNTY pursuant to this Agreement,to the extent allowable by law, agrees to defend, indemnify, and hold harmless the CITY and its elected officials, employees,and agents from and against,and shall pay all damages,costs and expenses, incurred by the CITY with respect to, any claim arising out of or relating to bodily injury,including death,or property damage caused by the COUNTY or its contractors', employees', agents', or representatives'negligent acts or omissions in the performance of the COUNTY's obligations pursuant to this Agreement. G. The CITY, on its own behalf and on the behalf of any entity or individual working on behalf of the CITY pursuant to this Agreement,to the extent allowable by law, agrees to indemnify and hold harmless the COUNTY and its officers, directors, employees, and agents from and against, and shall pay all damages, costs and expenses, incurred by the COUNTY with respect to, any claim arising out of or relating to bodily injury, including death, or property damage caused by the CITY or its employees', agents', or representatives' negligent acts or omissions in the performance of the CITY's obligations pursuant to this Agreement. 5 H. No inspections or approvals of the Plans as they relate to the Project work on East Big Timber Rd. or of the Water Main Relo by the CITY or its elected officials,employees, contractors,representatives,or agents shall relieve the COUNTY's contractor(s)of the responsibility and liability for the proper performance of the Project work as determined by the COUNTY. COUNTY inspections and approvals shall not be considered a waiver of any rights the CITY may have pursuant to this Agreement. All CITY communications and correspondence with the State of Illinois' contractors(s),or relating to a Project contract, shall be through the COUNTY, unless otherwise specifically approved by the Director of Transportation/County Engineer of the COUNTY. In the event the CITY discovers Project work attributable to the CITY is not being performed or has not been performed in accordance with the Plans,the CITY shall promptly notify the Director of Transportation/County Engineer of the COUNTY or the Director of Transportation/County Engineer's duly designated representative, in writing,regarding the same. I. Notwithstanding any provision hereinbefore set forth to the contrary, the CITY shall have the unrestricted right to observe,monitor and object to any construction technique or method employed by a contractor which fails to comply with the Plans or the Project contract as they relate to East Big Timber Rd.and the Water Main Relo. Any deviation from the Plans or Project contract relating to East Big Timber or the Water Main Relo shall be reported to the COUNTY which shall immediately take appropriate corrective action to ensure compliance with the Project Plans. The City shall, to the extent of their legal authority, waive and otherwise forego any requirement for the County or its contractors to apply for and receive any City permit that may be otherwie necessary for the improvements to be constructed in conjunction with the Project. In any event, any permit application submitted in conjunction with the Project shall be reviewed and acted upon by the City within three(3)working days from the date of permit application submission. V. FINANCIAL A. Except as otherwise identified herein, the COUNTY shall initially pay all Project (including the Water Main Relo) related costs, including engineering, right-of-way, construction, and construction engineering. The Project engineering, construction, and construction engineering costs related exclusively to the Water Main Relo shall he subject to reimbursement by the CITY as hereinafter stipulated and determined by the COUNTY, except for those portions of the Water Main Relo that are located within the Exclusive Easement.The cost of construction engineering will be calculated at 10% of the construction costs associated with the Water Main Relo. The foregoing notwithstanding,it is agreed and understood that the COUNTY shall be responsible for the actual cost of the construction and construction engineering costs for that portion of the Water Main Relo, or for any other adjustment or relocation of any other CITY utilities, located within the Exclusive Easement premises, and such costs shall not be subject to reimbursement by the CITY. B. The CITY has budgeted$2,600,000 as payment for the Water Main Relo that is subject to reimbursement by the CITY,and upon completion and acceptance of the Water Main 6 Relo work,shall reimburse to the COUNTY the actual construction cost and calculated construction engineering cost for any Water Main Relo improvements for the Project, except for those portions of the Water Main Relo that are located with the Exclusive Easement. The CITY's acceptance of the completed Water Main Relo will not be unreasonably withheld. The COUNTY will provide the CITY with copies of certified payrolls, quantities, pricing for materials, and any other usual and customary documentation that demonstrate the cost of the Water Main Relo with any request for reimbursement. The CITY shall reimburse the COUNTY for the costs of the Water Main Relo that are subject to reimbursement by the CITY within forty-five (45) calendar days of its receipt by the CITY of a request for reimbursement from the COUNTY. In the event that the Water Main Relo construction and construction engineering costs that are subject to reimbursement by the CITY exceed $2,600,000 and the CITY is unable to immediately reimburse any amount over $2,600,000 as requested by the COUNTY, the request by the COUNTY for funds exceeding $2,600,000 will not be due and payable from the CITY until the 1st day of June 2028. C. The COUNTY shall maintain,for a minimum of three(3)years after the completion of the Project, adequate books,records,and supporting documents to verify the amounts, recipients, and uses of all disbursements of funds passing in conjunction with this Agreement. The CITY shall have access to such books, records, documents and other evidence for the purpose of inspection, auditing and copying upon request to the COUNTY. Facilities for such access and inspection by the CITY's Auditor shall be provided by COUNTY. Audits conducted pursuant to this provision shall be in accordance with generally accepted auditing standards. All records shall be maintained and made available during performance of this Agreement and not less than three years after final completion of the Project. In addition, those records which relate to any dispute or litigation, or the settlement of claims arising out of such performance, or costs or items to which an audit exception has been taken,shall be maintained and made available for not less than three years after the date of resolution of such appeal, litigation, claim or exception. VI. MAINTENANCE- RESPONSIBILITIES A.The COUNTY shall continue to have exclusive jurisdiction over Kane County Highway No. 34, also known as Randall Road and, Kane County Highway No. 21, also known as Big Timber Road, (west of Randall Rd. ) in their entirety. B. The CITY shall continue to have exclusive jurisdiction over Big Timber Road east of Randall Rd. in its entirety. C.After the completion of the construction and final inspection of the Water Main Relo portion of the Project, the CITY agrees to maintain or cause to be maintained all CITY utility facilities including but not limited to the CITY Water Main and Water Main Relo, located within the COUNTY's Right-of-Way, and to relocate the same when requested by the COUNTY and to be solely responsible for all the costs thereof and otherwise associated therewith as provided for in this Agreement or otherwise required by law. 7 D.After completion of the Water Main Relo portion of the Project, the CITY shall not, except in the case of a bona fide emergency,conduct CITY utility or CITY Water Main work within the Right-of-Way without a permit duly applied for by the CITY,and after review and approval thereof, subsequently issued in writing by the COUNTY. The provisions of the COUNTY's Division of Transportation Permit Regulations and Access Control Regulations, as amended from time to time, shall apply to any such COUNTY permit. E. It is understood and agreed by the Parties that this Agreement constitutes the complete and exclusive statement of the Parties relative to the subject matter hereof, and shall supersede any and all previous oral and written proposals,negotiations,representations, or understandings concerning the relocation and maintenance of the CITY Water Main within the Right-of-Way. F. All Project items of construction including Randall Rd. and West Big Timber Road which are stipulated in this Agreement to be maintained by the COUNTY, shall upon completion of construction and final inspection,be the sole maintenance responsibility of the COUNTY. G.All Project items of construction including East Big Timber Rd. and Water Main Relo which are stipulated in this Agreement to be maintained by the CITY, shall upon completion of construction and final inspection, be the sole maintenance responsibility of the CITY. VII. EASEMENT VACATION A. THE EASEMENT 1. The Parties acknowledge and agree that the Exclusive Easement premises are described as set forth in Exhibit"A" which is attached hereto and incorporated herein. B. CITY OBLIGATIONS 1. The CITY agrees and by approval and execution of this Agreement vacates and abandons all of its rights in and to the Exclusive Easement, pursuant to the attached Vacation of Easement document. 2. The CITY will apply for and sign an approved Kane County Highway Right of Way Use Permit for undocumented water main as it may exist in the COUNTY's right of way of West Big Timber Rd. and Randall Rd. as said permit is described in Section VII, subsection C, paragraph 3 below. C. COUNTY OBLIGATIONS 8 1. The COUNTY shall provide to the CITY a permanent easement within the Right of Way in the southwest quadrant of the Intersection intended to relocate and replace the Exclusive Easement with a new easement for the relocation of the City watermain improvements and utility facilities (hereinafter the "Replacement Easement") as generally set forth in Exhibit"C,"which is attached hereto and incorporated herein. 2. At any time in the future the COUNTY requires the CITY to relocate its watermain which is located within the Replacement Easement premises, the COUNTY shall pay the cost of the design and relocation of the CITY's watermain improvements and restoration of the Replacement Easement premises. 3. Upon application of the CITY,the COUNTY shall issue its standard form Kane County Highway Right of way Use Permit to the CITY for undocumented CITY utility facilities occupying Randall Rd. right of way within the limits of the Project. VIII. GENERAL PROVISIONS A.It is understood and agreed that this is an intergovernmental agreement between the CITY and the COUNTY. B. It is understood and agreed by the Parties that the COUNTY has and shall retain jurisdiction Randall Road and, Big Timber Road west of Randall Rd. The CITY has and shall retain jurisdiction of Big Timber Road east of Randall Rd. The CITY shall retain jurisdiction of the CITY Water Main including the Water Main Relo. For the purpose of this Agreement,jurisdiction shall mean the authority to permit and obligation to administer, control, construct, maintain, repair and operate. C.Other than the Replacement Easement attached hereto as Exhibit "C" this Agreement does not grant to the CITY any other easement on or convey any ownership or possessory interest in the right of way of Randall Road and Big Timber Road west of Randall Rd.), but provides a self-executed permit for the establishment, maintenance and repair of the CITY Water Main as part of and within the limits of the Project, (including the Water Main Relo). D.This Agreement does not presume to grant any consent or privilege over any part of any Right of Way which may be under the ownership, possession or control of some other jurisdiction,body,entity,or person except for those granted in this Agreement;nor does it release the CITY from compliance with any of the provisions of any laws or statutes relating thereto. E. Wherever in this Agreement approval or review by any Party hereto is provided for, said approval or review shall not be unreasonably delayed or withheld. F. In the event of a dispute between the Parties in the carrying out of the terms of this Agreement, the Director of Transportation/County Engineer of the COUNTY and the Public Services Director of the CITY shall meet and attempt to resolve the issue. 9 G.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. H.The COUNTY certifies that its correct Federal Tax Identification Number(FEIN)is 36- 6006585 and it is doing business as a governmental entity, whose mailing address for the purpose of notice is, 41 W011 Burlington Road, St. Charles, Illinois 60175. I. This Agreement may only be modified by written amendment approved by the respective governing boards of the Parties and executed by a duly authorized representative of each Party. J. This Agreement and the covenants contained herein shall become null and void in the event the contract covering the construction work for the Project contemplated herein is not awarded within four(4)years subsequent to the date of execution of this Agreement. K.This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and approved assigns. L. 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 Circuit Court of Kane County, Illinois. M.Each Party agrees the following persons shall serve as the full time representative of the said Party during the carrying out of the construction of the Project. Each representative shall have authority, on behalf of such Party, to make decisions relating to the work covered by this Agreement. Representatives may be changed, from time to time, by subsequent written notice. Kane County Project Engineer Candance Thomas City of Elgin Public Works Director Michael Pubentz N. All notices shall be in writing and shall be personally delivered or mailed to the following persons at the following addresses: To the COUNTY: Kane County Division of Transportation 41 W 011 Burlington Road St. Charles, Illinois 60175. Attn: Director of Transportation/County Engineer With a copy to : Christopher Weldon, Assistant State's Attorney 41 W011 Burlington Rd. 10 St. Charles, Illinois 60175 To the CITY: Richard G. Kozal, City Manager City of Elgin 150 Dexter Court Elgin, Illinois 60120 With a Copy To: Christopher J. Beck, Corporation Counsel City of Elgin 150 Dexter Court Elgin, Illinois 60120 O.The introductory recitals included at the beginning of this Agreement are agreed to and incorporated into this Agreement. SIGNATURE PAGE FOLLOWS 11 IN WITNESS THEREOF, the Parties have executed this Agreement on the dates indicated. THE CITY OF ELGIN By: Attest: DAVID J. KAPTAIN KIMBERLY DEWIS MAYOR CITY CLERK Date: July , 2026 THE COUNTY OF KANE By: Attest: CORRINE M. PIEROG JOHN A. CUNNINGHAM CHAIRMAN, KANE COUNTY BOARD KANE COUNTY CLERK Date: July , 2026 12 EXHIBIT LIST 1. Exhibit"A" Description or Diagram of Exclusive Easement to be Vacated 2. Exhibit"B" Easement Vacation by Elgin 3. Exhibit"C" ....Grant of Permanent Easement to Elgin EXHIBIT A Description or Diagram of Exclusive Easement to be Vacated Commencing at the Southwest corner of the Southwest Quarter of the Southeast Quarter of Section 31. Township 42 North, Range 8 East of the Third Principal Meridian; thence Northerly, 149.07 feet on the assumed bearing of North 0 degrees 18 minutes 17 seconds East along the East line of said Southwest Quarter of the Southeast Quarter; thence South 57 degrees 58 minutes 31 seconds East, 939.06 feet; thence South 32 degrees 01 minute 30 seconds West, 60.00 feet to the centerline of Big Timber Road and the Point of Beginning; thence South 32 degrees 01 minute 30 seconds West, 56.00 feet; thence South 57 degrees 58 minutes 31 seconds East, 524.86 feet; thence South 27 degrees 13 minutes 35 seconds East, 77.71 feet; thence South 3 degrees 22 minutes 39 seconds West, 22.61 feet; thence South 50 degrees 49 minutes 33 seconds East, 19.71 feet to the West right-of-way line of Randall Road and the termination of said line and 20.00 foot wide strip of land. Said parcel containing 0.322 acre, more or less. EXHIBIT "B" VACATING EXCLUSIVE PERMANENT MUNICIPAL UTILITY EASEMENT The City of Elgin,a municipal corporation organized and existing under and by virtue of the laws of the state of Illinois and duly authorized to conduct business in the state of Illinois, for the sum of Ten Dollars ($10.00) and other good and valuable consideration paid by the County of Kane, the sufficiency of which is acknowledged, and pursuant to authority granted by the City Council of the City of Elgin, hereby vacates the City of Elgin's right to the exclusive permanent utility easement premises granted pursuant to an agreement entered into by and between Knowles Electronics Inc_ and the City of Elgin which is set forth in an Easement Agreement on file and recorded in the office of the Kane County Recorder and known as document no. 96K042193, (hereinafter the Utility Easement). The vacation of the right of the exclusive utility easement by the City of Elgin as authorized herein shall apply to the premises described as: See attached legal description. Which are located in whole or in part within the right of way of Kane County Highway No. 21 (Big Timber Rd.) and Kane County Highway No. 34, (Randall Road). Dated this day of July 2026 The City of Elgin David Kaptain, Mayor Attest: Kimberly Dewis, City Clerk State of Illinois ) )ss County of Kane ) I , the undersigned Notary Public for the State and County aforesaid, do hereby certify that David Kaptain who is personally known to me to be the same person who name is subscribed to the foregoing instrument and appeared before me this day in person and severally acknowledged that he signed,sealed and delivered said instrument in writing as his free and voluntary act for the uses and purposes as set forth. Given under my hand and notarial seal the day of July 2026 Notary Public Seal State of Illinois ) )ss County of Kane ) I , the undersigned Notary Public for the State and County aforesaid, do hereby certify that Kimberly Dewis who is personally known to me to be the same person who name is subscribed to the foregoing instrument and appeared before me this day in person and severally acknowledged that she signed, sealed and delivered said instrument in writing as her free and voluntary act for the uses and purposes as set forth. Given under my hand and notarial seal the day of July 2026 Notary Public Seal Return To: Prepared B:v Right of Way Coordinator J.Patrick Jaeger Kane County Division of Transportation Attorney at Law 41 W011 Burlington Road P.O.Box 485 St.Charles,IL 60175 Geneva,II.60134 LEGAL DESCRIPTION Commencing at the Southwest corner of the Southwest Quarter of the Southeast Quarter of Section 31. Township 42 North, Range 8 East of the Third Principal Meridian; thence Northerly, 149.07 feet on the assumed bearing of North 0 degrees 18 minutes 17 seconds East along the East line of said Southwest Quarter of the Southeast Quarter; thence South 57 degrees 58 minutes 31 seconds East, 939.06 feet; thence South 32 degrees 01 minute 30 seconds West, 60.00 feet to the centerline of Big Timber Road and the Point of Beginning; thence South 32 degrees 01 minute 30 seconds West, 56.00 feet; thence South 57 degrees 58 minutes 31 seconds East, 524.86 feet; thence South 27 degrees 13 minutes 35 seconds East, 77.71 feet; thence South 3 degrees 22 minutes 39 seconds West, 22.61 feet; thence South 50 degrees 49 minutes 33 seconds East, 19.71 feet to the West right-of-way line of Randall Road and the termination of said line and 20.00 foot wide strip of land. Said parcel containing 0.322 acre, more or less. EXHIBIT"C" Grant of Permanent Easement The County of Kane, a body corporate and politic of the State of Illinois (the "Grantor"), for in consideration of Ten Dollars($10.00)and other good and valuable consideration,receipt of which is hereby acknowledged, grants and conveys to the City of Elgin, a home rule municipal corporation of the State of Illinois (the "Grantee"), a permanent easement for the installation, operation, maintenance, inspection, repair, replacement, reconstruction, relocation, and removal of underground municipal water line , across, under and through the following described real estate: See attached legal description. The above-described real estate and the improvements thereon are herein referred to as the "Easement Premises". The Easement Premises shall be reserved for the Grantee's underground water line and associated appurtenances. No utility facilities, conduits, lines, mains, pipes, ducts, cables,structures,or related improvements owned or operated by any third-party shall be installed within the Easement Premises in a manner that runs parallel to, longitudinally along, or within the same utility corridor as the Grantee's water line , except with the prior written consent of the Grantor and the Grantee, which consent may not be unreasonably withheld but may be withheld in the Grantor's or the Grantee's sole discretion. Third-party utility crossings of the Easement Premises shall be permitted only at approximately right angles or other non-parallel alignments approved in writing by the Grantee and only in a manner that does not unreasonably interfere with the Grantee's existing or future use of the Easement Premises. Any such crossing shall be installed with sufficient horizontal and vertical separation from the Grantee's water line to protect the structural integrity,operation,maintenance, repair, replacement, and access needs of the Grantee's water line and associated appurtenances , as determined by the Grantee. No permanent improvements, facilities, landscaping, structures, utility installations, grading, excavation,or other obstructions shall be constructed,installed,or maintained within the Easement Premises that would interfere with, restrict, delay, obstruct, or increase the cost of the Grantee's access to or use of the Easement Premises for inspection, operation, maintenance, repair, replacement, reconstruction, relocation, or emergency access to its water line and associated appurtenances. The Grantee, its employees, contractors, agents, and assigns, shall have, first with prior notice to the Grantor, the perpetual right of ingress and egress over the Easement Premises and adjacent property of the Grantor reasonably necessary for surface access to the Easement Premises and the exercise of the rights granted herein. The Grantor shall retain all rights to use and occupy the Easement Premises and to access the Easement Premises and the remaining property of the Grantor except as herein expressly granted; provided however, that the use of the Grantor may not interfere with the Grantee's use of the Easement Premises for the purposes herein described. This grant of easement shall constitute a covenant,which runs with the land in favor of the Grantee and its successors and shall be binding upon the heirs, legal representatives and assigns of the Grantor. This permanent easement may not be transferred or assigned without the express written consent of the Grantor. Date: July , 2026 THE COUNTY OF KANE By: Attest: CORRINE M. PIEROG JOHN A. CUNNINGHAM CHAIRMAN, KANE COUNTY BOARD KANE COUNTY CLERK State of Illinois ) )ss County of Kane ) I , the undersigned Notary Public for the State and County aforesaid, do hereby certify that Corrine Pierog who is personally known to me to be the same person who name is subscribed to the foregoing instrument and appeared before me this day in person and severally acknowledged that he signed, sealed and delivered said instrument in writing as his free and voluntary act for the uses and purposes as set forth. Given under my hand and notarial seal the day of July 2026 Notary Public Seal State of Illinois ) )ss County of Kane ) I , the undersigned Notary Public for the State and County aforesaid, do hereby certify that John Cunningham who is personally known to me to be the same person who name is subscribed to the foregoing instrument and appeared before me this day in person and severally acknowledged that she signed, sealed and delivered said instrument in writing as her free and voluntary act for the uses and purposes as set forth . Given under my hand and notarial seal the day of July 2026 Notary Public Seal Return To: Prepared B:v Right of Way Coordinator J.Patrick Jaeger Kane County Division of Transportation Attorney at Law 41 W011 Burlington Road P.O.Box 485 St.Charles,IL 60175 Geneva,11.60134 Legal Description That part of the West Half of fractional Section 4, Township 41 North, Range 8 East of the Third Principal Meridian, Kane County, Illinois,bearings and distances based on the Illinois State Plane Coordinate System, East Zone, NAD83 (2011 Adjustment), described as follows: Commencing at a 5/8"iron rod with cap found at the southwest corner of the Northwest Quarter of said Section 4; thence North 15 degrees 41 minutes 48 seconds East, 736.01 feet along the easterly line of Elgin Corporate Center Unit No. 2 Resubdivision, said Resubdivision being recorded March 15, 1999 as Doc. No. 1999K027435; thence southeasterly 169.35 feet on a curve to the left having a radius of 22973.30 feet, the chord of said curve bears South 57 degrees 12 minutes 00 seconds East, 169.35 feet; thence South 46 degrees 11 minutes 33 seconds East, 51.12 feet; thence southeasterly 69.33 feet on a curve to the left having a radius of 22983.30 feet, the chord of said curve bears South 57 degrees 37 minutes 21 seconds East, 69.33 feet; thence South 57 degrees 42 minutes 32 seconds East, 30.87 feet; thence South 69 degrees 01 minutes 08 seconds East, 50.99 feet; thence South 57 degrees 42 minutes 32 seconds East, 107.18 feet; thence southeasterly 218.77 feet on a curve to the right having a radius of 2245.00 feet, the chord of said curve bears South 54 degrees 55 minutes 02 seconds East, 218.69 feet;thence South 52 degrees 07 minutes 32 seconds East, 162.07 feet to the Point of Beginning;thence North 37 degrees 52 minutes 28 seconds East, 10.00 feet; thence South 52 degrees 07 minutes 32 seconds East, 273.77 feet; thence southeasterly 183.78 feet on a curve to the left having a radius of 1150.00 feet, the chord of said curve bears South 56 degrees 42 minutes 14 seconds East, 183.58 feet; thence southeasterly 108.96 feet on a curve to the right having a radius of 225.00 feet, the chord of said curve bears South 47 degrees 24 minutes 32 seconds East, 107.90 feet; thence South 56 degrees 27 minutes 51 seconds West, 10.00 feet; ; thence northwesterly 104.12 feet on a curve to the left having a radius of 215.00 feet,the chord of said curve bears North 47 degrees 24 minutes 32 seconds West, 103.10 feet; thence northwesterly 185.38 feet on a curve to the right having a radius of 1160.00 feet, the chord of said curve bears North 56 degrees 42 minutes 14 seconds West, 185.18 feet; thence North 52 degrees 07 minutes 32 seconds West, 273.77 feet to the Point of Beginning. Containing 0.13 acre,more or less.