01-88 Resolution No. 01-88
RESOLUTION
AUTHORIZING EXECUTION OF AN ASSIGNMENT OF EASEMENT GRANT
WITH THE FOX RIVER WATER RECLAMATION DISTRICT
FOR THE BRIS IB SANITARY SEWER
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk,
be and are hereby authorized and directed to execute an
Assignment of Easement Grant on behalf of the City of Elgin with
the Fox River Water Reclamation District for the BRIS IB sanitary
sewer, a copy of which is attached hereto and made a part hereof
by reference .
s/ John Walters
John Walters, Mayor Pro Tem
Presented: March 28, 2001
Adopted: March 28, 2001
Vote : Yeas 5 Nays : 0
Attest :
s/ Suellyn Losch
Suellyn Losch, Deputy City Clerk
RAGREE/FRWRD.AE
DRAFT 2/23/01
THIS INSTRUMENT
PREPARED BY & MAIL
TO AFTER RECORDING:
William A. Cogley
Corporation Counsel
City of Elgin
Legal Department
150 Dexter Court
Elgin, IL 60120-5555
ASSIGNMENT OF EASEMENT GRANT
t
THIS AGREEMENT made and entered into this / day of
1)6/ , 2001, by and between the CITY OF ELGIN, an Illinois
municipal corporation (hereinafter referred to as the "City" ) ,
and the FOX RIVER WATER RECLAMATION DISTRICT, an Illinois
municipal corporation (hereinafter referred to as "FRWRD" ) .
WITNESSETH
WHEREAS, FRWRD has previously received an Easement Grant
from Bill Anest, Olga Anest, Peter Anest and Thalia Anest,
dated March 21, 1991, and recorded on May 2 , 1991 as Document
Number 91K21584 , and amended by a Certificate of Correction
recorded on January 2, 1992 as Document Number 92K00046, a
copy of which is attached hereto as Exhibit A (such Easement
Grant is hereinafter referred to as the "Subject Easement
Grant" ) ; and
, WHEREAS, the Subject Easement Grant permits FRWRD to
assign all or any part of its interests therein to the City of
Elgin; and
WHEREAS, the City and FRWRD have agreed to enter into
this Assignment Agreement whereby FRWRD shall assign to the
City and the City shall assume all rights and obligations of
FRWRD regarding the Subject Easement Grant on a non-exclusive
basis as to those portions of the easement premises described
within the Subject Easement Grant lying easterly of the east
line of Juli Drive for the purpose of installing, constructing
and maintaining a parallel sewer commonly referred to as the
BRIS I Parallel Sewer, also referred to as the BRIS IB.
NOW, THEREFORE, for and in consideration of Ten Dollars
($10 . 00) in hand paid to FRWRD, the mutual promises and
undertakings contained herein, and other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows :
1 . That the foregoing recitals are incorporated into
this agreement in their entirety.
2 . That FRWRD hereby assigns to the City all of its
rights, obligations, title and interest in and to the Subject
Easement Grant, a copy of which is attached hereto as
Exhibit A, as to those portions of the easement premises
described within the Subject Easement Grant lying easterly of
the east line of Juli Drive and subject to the reservation
hereinbelow.
3 . That the City hereby accepts such assignment from
FRWRD and assumes all of FRWRD' s rights, obligations, title
2
and interest in and to those portions of the easement premises
of the Subject Easement Grant herein assigned.
4 . That FRWRD reserves the right to use the easement
assigned for its corporate purposes, (including the
installation of the BRIS I Parallel Sewer, if the City fails
to complete construction within a reasonable time) so long as
such use does not interfere with the City' s use thereof and
subject to the City' s prior written approval, which shall not
be unreasonably denied, delayed or withheld.
5 . That the City and FRWRD agree that this Assignment
Agreement shall be recorded by the City with the Kane County
Recorder.
IN WITNESS WHEREOF, the parties hereto have executed this
Assignment and Assumption Agreement as of the date first
written above.
CITY OF ELGIN FOX VALLEY WATER RECLAMATION
DISTRICT
By By `�' +• ��
Schock, Mayor President ao dk bf
Trustees
Attest : Atte
(i4r:
Dolonna Mecum Clerk, hoard of rustees
City Clerk
3
STATE OF ILLINOIS )
ss
COUNTY OF KANE )
I, the undersigned, a Notary Public, in and for said
County, in the State aforesaid, do hereby certify that Ed
Schock, Mayor, and Dolonna Mecum, City Clerk, personally known
to me to be the same persons whose names are subscribed to the
foregoing instrument, appeared before me this day in person
and acknowledged that they signed and delivered the said
instrument as their free and voluntary act for the uses and
purposes therein set forth.
34,D
Given under my hand an official seal, this \ \4 day
of,----V__ __„5„. , 2001 .
Notary Public
44.44.Alk, ..A.A.A..A•A&A►.Al\I►
OFFICIAL SEAL
STATE OF ILLINOIS ) 4 NANCY ROLL
) ss 4 NOTARY PUBLIC, STATE OF ILLINOIS
COUNTY OF KANE ) 4 My Commission Expires Aug. 10, 2001
°+r,r'ir•grrr w sr,N.-4r ArNirrrr
I , the undersigned, a Notary Public, in and for said
County, in the State aforesaid do hereby certify that
F'r�-(,t�t l(a. (,;:1 i'� President and 1j,�vG� . CO✓n ,
Clerk, are persona ly known to me to be the same persons whose
names are subscribed to the foregoing instrument, appeared
before me this day in person and acknowledged that they signed
and delivered the said instrument as their free and voluntary
act for the uses and purposes therein set forth.
Given under my hand an official sea this day
of f1 , 2001 .
Alp
. "OFFICIAL SEAL"
DOUGLAS J. SCH
COMISsiON EFLAW - No -ry Public
4
EXHIBIT A
(COPY OF ANEST GRANT OF EASEMENT TO BE ATTACHED)
5
I ,
City of Elgin
Agenda Item No.
oAir
n�HATEU4t�'' C `'
L 1 :21
March 16, 2001
N
TO: Mayor and Members of the City Council ECONOMIC GROWTH
FROM: Joyce A. Parker, City Manager
SUBJECT: Proposed Amendment to Intergovernmental Agreement with
the Village of South Elgin Relating to the BRIS II and
BRIS IB Sewer Lines, Proposed Intergovernmental Agreement
with the Village of South Elgin Regarding the Hopps
Road/Spring Street Improvement Project and a Proposed
Agreement with FRWRD Providing for an Assignment of an
Easement to the City
PURPOSE
The purpose of this memorandum is to present for City Council
consideration 1) a proposed amendment to the December 1998
intergovernmental agreement with the Village of South Elgin
relating to the BRIS II and BRIS IB sanitary sewer lines, 2) a
proposed intergovernmental agreement with the Village of South
Elgin regarding the Hopps Road/Spring Street improvement project,
and 3) a proposed agreement with FRWRD providing for an assignment
of an easement to the city.
BACKGROUND
The City of Elgin and the Village of South Elgin previously entered
into an intergovernmental agreement dated December 2 , 1998 . Such
intergovernmental agreement includes provisions relating to the
city' s construction of a parallel sewer line to the Bowes Road
interceptor sewer commonly referred to as the BRIS I Parallel or
BRIS IB. The subject intergovernmental agreement also includes
provisions providing for the city' s agreement to allow properties
within a specified existing service area and an area identified
therein as the South West Sanitary Sewer Area connection to and use
of the city' s BRIS II and the future BRIS IB sanitary sewer
interceptor sewer lines conditioned upon the payment of recapture
and impact fees .
eft. Intergovernmental Agreements with Village of South Elgin
March 16, 2001
Page 2
Attached is a proposed amendment to the December 1998
intergovernmental agreement between the city and the Village of
South Elgin. The terms of the proposed amendment to the December
1998 intergovernmental agreement may be summarized as follows :
1 . The city would agree to execute and return within ten (10)
days sewer connection permit applications for connection to
and service through the BRIS II and the future BRIS IB
sanitary sewer lines for the properties in the specified
service area.
2 . The Village of South Elgin would agree to provide the city
with all approvals necessary to allow for the city' s
construction of the BRIS IB sanitary sewer line and
appurtenances thereto. A portion of such BRIS IB sanitary
sewer line is located within the corporate limits of the
Village of South Elgin.
3 . The South West Sanitary Sewer Area, which is the area in the
enk December 1998 agreement authorized to submit permit
applications for connection to the BRIS II and future BRIS IB
sewer lines, would be amended by deleting therefrom a parcel
recently annexed by the city known as the Windswept Farm
Henneler Property and by adding thereto two parcels known as
the Cribbe property and the Stanitz property. Such Cribbe and
Stanitz properties could obtain sewer connection permits only
if such parcels are developed with residential uses only.
4 . The amendment to the intergovernmental agreement is contingent
upon FRWRD providing the city with all approvals necessary and
assigning an easement to the city to allow for the city' s
construction of the BRIS IB sanitary sewer.
5 . The amendment to the intergovernmental agreement is further
contingent upon the city and the Village of South Elgin also
concurrently entering into the proposed intergovernmental
agreement relating to the Hopps Road and Spring Street
improvement project .
On May 24 , 2000 the City Council considered and gave preliminary
approval to a proposed intergovernmental agreement between the city
and the Village of South Elgin which included, along with other
matters, the city agreeing to fund a share of the village' s Hopps
Road/Spring Street improvement project . Attached is a revised
draft of the proposed intergovernmental agreement between the city
emb. Intergovernmental Agreements with Village of South Elgin
March 16, 2001
Page 3
and the Village of South Elgin which now only includes the issue of
cost sharing of the Hopps Road/Spring Street improvement project .
Also attached is a map showing the location of such roadway
project . The proposed intergovernmental agreement regarding the
Hopps Road/Spring Street project may be summarized as follows :
1 . The city and the Village of South Elgin have previously
entered into an agreement for Phase I engineering services for
the project . The proposed agreement would provide for an
increase in Phase I engineering costs with the city' s share
thereof increasing in the amount of $4, 200 .
2 . The city would agree to pay the village $21, 417 . 50 as the
city' s share of Phase II engineering (design) services for the
project .
3 . The city would agree to pay the village $24 , 651 . 88 as the
city' s share of Phase III engineering (inspection) services
for the project .
4 . The city would agree to pay the village an amount not to
exceed $195, 625 as the city' s share for the construction of
the project within thirty (30) days of the final completion of
the project .
5 . The village is required to complete the construction of the
project by June 1, 2001, in conformance with the previously
agreed to plans.
6 . The intergovernmental agreement is contingent upon FRWRD
providing the city with all approvals necessary and assigning
an easement to the city to allow for the city' s construction
of the BRIS IB sanitary sewer.
7 . The amendment to the intergovernmental agreement is further
contingent upon the city and the Village of South Elgin also
concurrently entering into the above discussed amendment to
the December 1998 intergovernmental agreement .
Attached to both of the above discussed agreements with South Elgin
is a proposed assignment of easement grant agreement between the
city and FRWRD. This assignment agreement would provide for FRWRD
assigning to the city a portion of an existing easement thereby
allowing for the city' s construction of a segment of the BRIS IB
sanitary sewer.
•
Intergovernmental Agreements with Village of South Elgin
March 16, 2001
Page 4
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
The Village of South Elgin and FRWRD.
nFINANCIAL IMPACT
V The amendment to the December 1998 intergovernmental agreement does
not change the fee structure for impact fees and recapture fees
provided for in the original agreement . However, the amendment
agreement would result in a net increase of 73 acres for the South
West Sanitary Sewer Area, thereby resulting in additional recapture
and impact fees being paid to the city for the developable acres
determined to exist in that additional acreage .
The Hopps Road/Spring Street improvement project intergovernmental
agreement would require the city to pay approximately $245, 894 . 38 .
There is budgeted $362, 900 in account number 275-0000-791 . 93-80,
project number 339613 , for the Hopps Road/Spring Street improvement
project .
�"" The Assignment of Easement Grant between the city and FRWRD is at
44 no cost to the city.
WpI /LEGAL IMPACT
u �
None .
ALTERNATIVES
1 . Approve the proposed amendment to the December 1998
intergovernmental agreement, the intergovernmental agreement
for the Hopps Road/Spring Street improvement project, and the
assignment of easement grant agreement with FRWRD.
2 . Reject the proposed agreements .
. .
rk Intergovernmental Agreements with Village of South Elgin
March 16, 2001
Page 5
RECOMMENDATION
It is recommended that the City Council approve the proposed
amendment to the December 1998 intergovernmental agreement with the
Village of South Elgin, the proposed intergovernmental agreement
with the Village of South Elgin relating to the Hopps Road/Spring
Street improvement project and the assignment of easement grant
agreement with FRWRD. PR ctfully s ' tted,
/41/4...
Jo ce A. Parker
City Manager
WAC/nr
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