16-77 Recorded Resolution No. 16-77
RESOLUTION
AUTHORIZING EXECUTION OF INTERGOVERNMENTAL AGREEMENT
AND ASSIGNMENT OF EASEMENT AND BILL OF SALE WITH
FOX RIVER WATER RECLAMATION DISTRICT RELATING
TO THE TRANSFER OF OWNERSHIP OF PART OF THE FOX BLUFF CORPORATE
CENTER(FBCC) SANITARY SEWER SYSTEM
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 Intergovernmental Agreement with Fox River Water Reclamation District on
behalf of the City of Elgin relating to the transfer of ownership of part of the Fox Bluff Corporate
Center(FBCC)sanitary sewer system,a copy of which is attached hereto and made a part hereof by
reference.
BE IT FURTHER 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 Assignment of Easement and Bill of Sale with Fox River Water
Reclamation District on behalf of the City of Elgin relating to the transfer of ownership of part of the
Fox Bluff Corporate Center(FBCC) sanitary sewer system,a copy of which is attached hereto and
made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: May 25, 2016
Adopted: May 25, 2016
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
s
City of Elgin Memorandum
Date: January 10, 2017
To: Kimberly A. Dewis, City Clerk
From: William A. Cogley, Corporation Counsel
Subject: Intergovernmental Agreement Relating to the Transfer of Ownership of Part of
the Fox Bluff Corporate Center Sanitary Sewer System
Attached for the city clerk's files is an original fully executed copy of the above-referenced
agreement with the Fox River Water Reclamation District dated May 25, 2016. Also attached is
the assignment of easement and bill of sale relating thereto.
WU44V
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Attachments
cc: Joe Evers (via e-mail w/attachments)
AN INTERGOVERNMENTAL AGREEMENT RELATING
TO THE TRANSFER OF OWNERSHIP OF PART OF THE
FOX BLUFF CORPORATE CENTER(FBCC)
SANITARY SEWER SYSTEM
THIS AGREEMENT is made and entered into by and between: the FOX RIVER
WATER RECLAMATION DISTRICT, a municipal corporation of Kane and Cook Counties,
Illinois, a sanitary district organized pursuant to the Sanitary District Act of 1917, (70 ILCS
2405/11 et. seq.),having its principal office located at 1957 N. La Fox Street, South Elgin, Illinois,
60177, (hereinafter referred to as the "District"); and
The CITY OF ELGIN, Illinois, a municipal corporation, a City organized pursuant
to the Illinois Municipal Code(65 ILCS 5/1-1-1. et. seq.,)and a home rule unit within the meaning
of the Constitution of the State of Illinois, having its principal office located at 150 Dexter Court,
Elgin, Illinois 60120, (hereinafter referred to as the "City"); and
WHEREAS,the District and the City are public agencies within the meaning of the
Intergovernmental Cooperation Act(5 ILCS 220/1 et. seq.); and
WHEREAS, the District and the City are also units of local government within the
meaning of Section 10 of Article VII of the Constitution of the State of Illinois; and
WHEREAS, the District and City are authorized to contract among themselves and
with private organizations to obtain or share services, or exercise, combine, or transfer any power
or function, in any manner not prohibited by law.
WHEREAS, the District owns and operates certain sanitary sewers, treatment
facilities, and related appurtenances, ("District Facilities"); and
1
WHEREAS,the City owns and operates certain sanitary sewers and appurtenances;
and
WHEREAS, the ownership, maintenance and operation of a sanitary sewer
collection system are matters within the government and affairs of the parties; and,
WHEREAS, certain areas adjacent to the Fox Bluff Corporate Center (FBCC) are
or will annex to the Village of South Elgin and desire to connect to that part of the City owned
sanitary sewer line located east of the FBCC; and,
WHEREAS, the parties hereto believe that it would be in the bests interests of the
residents of the City and of the District if that part of the City owned sanitary sewer line located
east of the FBCC to be located in the Village of South Elgin,were owned,maintained and operated
by the District in a manner consistent with other multi jurisdiction sewers that are tributary to
District owned treatment plants.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the District and the City agree as follows:
1. Recitals. That the foregoing recitals are hereby incorporated into this
Agreement in their entirety.
2. Transfer. That the City shall convey to the District its rights in that certain
sanitary sewer and appurtenances and sanitary sewer easement, subject to the terms set forth in
this Agreement, which extends Easterly from the East line of the Fox Bluff Corporate Center (at
and including manhole SMH 5) for approximately 1,185 linear feet more or less to the Westerly
line of the District owned BRIS I interceptor (at the existing Manhole No. 16), all located in the
area depicted on the drawing attached hereto as Exhibit A and also referred to herein as the Subject
Sanitary Sewer and the Subject Easement. The conveyance by the City to the District of the
2
Subject Sanitary Sewer improvements and the Subject Easement is in their "as is" condition and
without any representations with respect to the condition thereof, and any and all warranties,
whether expressed or implied, including but not limited to warranties of quality, fitness, or
merchantability are hereby excluded. The District also agrees to indemnify, defend and hold the
City harmless from any and all claims, damages, causes of action and expenses of any kind
regarding the District's future use of the Subject Easement or any District activities within the
Subject Easement premises. The City shall retain all of its rights to use of the Subject Sanitary
Sewer for all applicable areas currently connected to the Subject Sanitary Sewer or to become
connected by annexation or otherwise.
3. Instrument. The City shall convey the Subject Sanitary Sewer and Subject
Easement by an Assignment of Easement and Bill of Sale (Assignment) for recording with the
Kane County Recorder of Deeds, in a form substantially as set forth in Exhibit B, attached hereto.
4. Ownership and Maintenance. Upon receipt of the Assignment, the District
shall assume ownership of the Subject Sanitary Sewer and agrees to be responsible for all future
costs of operation,maintenance, repair and replacement of the Subject Sanitary Sewer.
5. Notices. All notices required to be given herein shall be deemed given by
deposit of written notice in the U. S. Mail, certified or registered mail, return receipt requested, to
the parties at the addresses set forth at the outset of this Agreement.
6. Termination and Amendments. This Agreement may be terminated or amended
by the written action of all parties hereto.
7. Law and Venue. This Agreement has been entered into in the City of Elgin,
Kane County, Illinois, and shall be construed according to the laws of the State of Illinois, and the
parties agree that the sole venue, for resolution of any dispute arising under this Agreement, shall
3
be in the Kane County Circuit Court.
The District and the City have executed this Agreement as of the 25th day of
May , 2016.
FOX RIVER WATER RECLAMATION DISTRICT
By: '4""" /C (Z'
Bruce R. Corn, its President
ATTEST:/)
B j m P. Bernal, its Clerk
STATE OF ILLINOIS )
) ss.
COUNTY OF KANE )
I,the undersigned,a Notary Public,in and for the said County in the State aforesaid,
DO HEREBY CERTIFY, that tj rcJC-e I2 . 6d!/ President and
Ih i�P -6✓t!Clerk of the FOX RIVER WATER RECLAMATION DISTRICT,
who are ersonally known to me to be the same persons whose names are subscribed to the
foregoing instrument as such President and Clerk, appeared before me this day in
person and severally acknowledged that they signed sealed and delivered the said instrument in
writing as their free and voluntary act and as the free and voluntary act of the said FOX RIVER
WATER RECLAMATION DISTRICT for the uses and purposes therein set forth, pursuant to
authority given by the Board of Trustees of said District and caused the corporate seal of said
District to be thereto attached. p
Given under my hand and notarial seal this / f T e -( r-"t7/A-/2016.
OFFICIAL L SEA
OOUCva,
j, ^CHcF;Ola✓
Noray,�Yz`�
i S
N Public
MY CO0"'1ISSi0 N� PULLNo S ES 1
:08/31/1
4
CITY OF ELGIN, an Illinois municipal
corporation
By ane
David KiVain,kfayor
Attest:
�4 666z'_'�
Kimberly Dewi , City Clerk
STATE OF ILLINOIS )
) ss.
COUNTY OF KANE )
1, the undersigned, a Notary Public, in and for said County, in the State aforesaid,
do hereby certify that David Kaptain, Mayor, and Kimberly Dewis, 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 acknowledge that they signed and delivered the said instrument
as the free and voluntary act of the City of Elgin, for the uses and purposes therein set forth.
Given under my hand an official seal, this 25th day of May 92016.
JENNIFER J QUINTON N ry P o 1C
OFFICIAL SEAL
NOTARY PUBLIC
STATE OF ILLINOIS
MY COMMISSION EXPIRES
JANUARY 10,2020
F:\Legal Dept\AgreementAntergovernment Agreement-Fox Bluff Corporate-Sanitary Sewer-clean 2-18-16.docx
5
EXHIBIT "A"
DRAWING OF SUBJECT SANITARY SEWER EASEMENT
(SEE ATTACHED DRAWING MADE A PART HEREOF)
6
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9i6bchQco.kane.dus KANE COUNTY,ILLINOIS
,w.uNCO,PUOrw+orra.�iNCTMwm�.o�nvowrtnn�.wwvi..�a�vs'o.uo co�.nu�c�.s..�.e�r�r.aviw,�v ie�w.s�Pa�srxi e�.:�nr.M�ova��.�ixe K�mse°AOexMN,nre.RaRenrm wr wauua
Prepared by and Return To
After Recording:
Douglas J. Scheflow
Scheflow & Rydell
63 Douglas Avenue, Suite 200
Elgin, IL 60120
ASSIGNMENT OF EASEMENT
AND BILL OF SALE
THE GRANTOR, the CITY OF ELGIN a municipal corporation of Kane and Cook Counties,
State of Illinois,having its principal offices in the City of Elgin, County of Kane, State of Illinois,
for and in consideration of the sum of Ten and No/100 ($10.00) Dollars and other valuable
consideration in hand paid, CONVEYS and QUIT-CLAIMS the FOX RIVER WATER
RECLAMATION DISTRICT, a municipal corporation of Kane and Cook Counties, State of
Illinois, GRANTEE, all right, title and interest in and to the following described parcel of real
property:
SEE LEGAL DESCRIPTION ATTACHED HERETO
AND INCORPORATED HEREIN BY REFERENCE
Situated in the Village of South Elgin, County of Kane, in the State of Illinois.
FURTHER including,without limitation,all right,title,and interest in and to that certain Easement
Agreement dated October 6, 1992 and recorded February 3, 1993 as Document No. 93K08248,
between the city of Elgin, as grantee and The State Bank of Countryside u/t/a dated June 15, 1990
known as trust number 90-689 and The State Bank of Countryside u/t/a dated June 15, 1990 known
as trust number 90-690,collectively,as grantor,(the"Subject Easement")and does hereby bargain,
sell and deliver unto GRANTEE the sanitary sewer and related improvements located therein and
appurtenant thereto, such sanitary sewer and related improvements being more particularly
described as extending easterly from the east line of the Fox Bluff Corporate Center (at and
including manhole SMHS) for approximately 1,185 linear feet more or less to the westerly line of
the District owned BRIS I interceptor(at the existing manhole number 16) (the "Subject Sanitary
Sewer").
The conveyance by the GRANTOR, CITY OF ELGIN to the GRANTEE, FOX RIVER WATER
RECLAMATION DISTRICT of the Subject Sanitary Sewer improvements and the Subject
Easement is in their "as is" condition without any representations with respect to the condition
thereof, and any and all warranties, whether expressed or implied, including but not limited to
warranties of quality, fitness, or merchantability are hereby excluded.
The foregoing conveyance and assignment is subject to the reservation of rights by the
GRANTOR, CITY OF ELGIN, whereby the CITY OF ELGIN retains all of its rights to use the
Subject Sanitary Sewer and related improvements for all applicable areas currently connected to
the Subject Sanitary Sewer or to become connected by annexation or otherwise.
The GRANTEE, FOX RIVER WATER RECLAMATION DISTRICT, hereby agrees to and shall
indemnify defend and hold the GRANTOR, CITY OF ELGIN,harmless from all claims,damages,
causes of action and expenses of any kind regarding the GRANTEE, FOX RIVER WATER
2
RECLAMATION DISTRICT'S use of the Subject Easement referenced herein or any of the
GRANTEE'S activities within the Subject Easement premises.
This Assignment of Easement and Bill of Sale is made pursuant to an intergovernmental agreement
between the GRANTOR, CITY OF ELGIN, and the GRANTEE, the FOX RIVER WATER
RECLAMATION DISTRICT,dated ,2016. The terms of and provisions of such
intergovernmental agreement shall remain in effect and shall not be merged into or extinguished
by this Assignment of Easement and Bill of Sale.
Dated this day of 12016.
CITY OF ELGIN, an Illinois municipal
corporation
By
David Kaptain, Mayor
Attest:
Kimberly Dewis, City Clerk
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 David Kaptain, Mayor, and Kimberly Dewis, 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 acknowledge that they signed and delivered the said instrument
as the free and voluntary act of the City of Elgin, for the uses and purposes therein set forth.
Given under my hand an official seal, this day of 52016.
Notary Public
FALegal Dept\Real Estate\Assignment of Easement-Fox Bluff Corporate-Sanitary Sewer-2nd clean 2-18-16.docx
3
ACCEPTANCE
Accepted by the Fox River Water Reclamation District this day of ,
2016.
FOX RIVER WATER RECLAMATION DISTRICT,
By:
President
ATTEST:
Clerk
STATE OF ILLINOIS )
) SS.
COUNTY OF K A N E )
I, the undersigned, a Notary Public in and for said County and State aforesaid, DO HEREBY
CERTIFY that Bruce R. Corn, the President and Benjamin P. Bernal, Clerk, of the FOX RIVER
WATER RECLAMATION DISTRICT, personally appeared before me this day and
acknowledged that they signed and sealed the foregoing instrument in their official capacity for
the uses and purposes set forth therein.
Given under my hand an official seal, this day of 52016.
Notary Public
4
LEGAL DESCRIPTION
EASEMENT EAST OF FOX BLUFF CORPORATE CENTER
A PERMANENT EASEMENT OVER PART OF THE NORTHWEST QUARTER OF SECTION
26, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRICINAL MERIDIAN,
DESCRIBED AS FOLLOWS:
A 30.00 FOOT WIDE, AS MEASURED AT RIGHT ANGLES, EASEMENT LYING
EASTERLY OF THE WEST LINE OF THE SAID NORTHWEST QUARTER OF SECTION 26,
THE CENTER LINE OF SAID EASEMENT DESCRIBED AS FOLLOWS: COMMENCING
AT THE SOUTHWEST CORNER OF THE SAID NORTHWEST QUARTER OF SECTION 26;
THENCE NORTH 00 DEGREES 54 MINUTES 05 SECONDS WEST, ALONG THE WEST
LINE OF THE SAID NORTHWEST QUARTER, A DISTANCE OF 988.12 FEET FOR THE
POINT OF BEGINNING OF SAID CENTER LINE; THENCE NORTH 89 DEGREES 29
MINUTES 05 SECONDS EAST, ALONG SAID CENTER LINE, A DISTANCE OF 1185.00
FEET FOR THE TERMINUS OF THE CENTER LINE OF SAID EASEMENT, BEING
SITUATED IN ELGIN TOWNSHIP, KANE COUNTY, ILLINOIS.
5
20� 1 6K026286
SANDY WEGMEAN
RECORDER - MANE COUNTY, IL
RE CORI)ED: `1'31 201E 10:18 AN.
tREC FEE: 49.00 RH5P5 FEE: 9.00
PAGES: 5
Prepared by and Return To
After Recording:
Douglas J. Scheflow
Scheflow &Rydell
63 Douglas Avenue, Suite 200
Elgin, IL 60120
ASSIGNMENT OF EASEMENT
AND BILL OF SALE
THE GRANTOR, the CITY OF ELGIN a municipal corporation of Kane and Cook Counties,
State of Illinois,having its principal offices in the City of Elgin, County of Kane, State of Illinois,
for and in consideration of the sum of Ten and No/100 ($10.00) Dollars and other valuable
consideration in hand paid, CONVEYS and QUIT-CLAIMS the FOX RIVER WATER
RECLAMATION DISTRICT, a municipal corporation of Kane and Cook Counties, State of
Illinois, GRANTEE, all right, title and interest in and to the following described parcel of real
property:
SEE LEGAL DESCRIPTION ATTACHED HERETO
AND INCORPORATED HEREIN BY REFERENCE
Situated in the Village of South Elgin, County of Kane, in the State of Illinois.
v
FURTHER including,without limitation, all right,title,and interest in and to that certain Easement
Agreement dated October 6, 1992 and recorded February 3, 1993 as Document No. 93K08248,
between the city of Elgin, as grantee and The State Bank of Countryside u/t/a dated June 15, 1990
known as trust number 90-689 and The State Bank of Countryside u/t/a dated June 15, 1990 known
as trust number 90-690,collectively, as grantor, (the"Subject Easement")and does hereby bargain,
sell and deliver unto GRANTEE the sanitary sewer and related improvements located therein and
appurtenant thereto, such sanitary sewer and related improvements being more particularly
described as extending easterly from the east line of the Fox Bluff Corporate Center (at and
including manhole SMH5) for approximately 1,185 linear feet more or less to the westerly line of
the District owned BRIS I interceptor(at the existing manhole number 16) (the "Subject Sanitary
Sewer").
The conveyance by the GRANTOR, CITY OF ELGIN to the GRANTEE, FOX RIVER WATER
RECLAMATION DISTRICT of the Subject Sanitary Sewer improvements and the Subject
Easement is in their "as is" condition without any representations with respect to the condition
thereof, and any and all warranties, whether expressed or implied, including but not limited to
warranties of quality, fitness, or merchantability are hereby excluded.
The foregoing conveyance and assignment is subject to the reservation of rights by the
GRANTOR, CITY OF ELGIN, whereby the CITY OF ELGIN retains all of its rights to use the
Subject Sanitary Sewer and related improvements for all applicable areas currently connected to
the Subject Sanitary Sewer or to become connected by annexation or otherwise.
The GRANTEE, FOX RIVER WATER RECLAMATION DISTRICT, hereby agrees to and shall
indemnify defend and hold the GRANTOR, CITY OF ELGIN,harmless from all claims, damages,
causes of action and expenses of any kind regarding the GRANTEE, FOX RIVER WATER
2
RECLAMATION DISTRICT'S use of the Subject Easement referenced herein or any of the
GRANTEE'S activities within the Subject Easement premises.
This Assignment of Easement and Bill of Sale is made pursuant to an intergovernmental agreement
between the GRANTOR, CITY OF ELGIN, and the GRANTEE, the FOX RIVER WATER
RECLAMATION DISTRICT,dated May 25 , 2016. The terms of and provisions of such
intergovernmental agreement shall remain in effect and shall not be merged into or extinguished
by this Assignment of Easement and Bill of Sale.
Dated this 25th day of May , 2016.
CITY OF ELGIN, an Illinois municipal
corporation
By
David 4�Aa or
A t s
Kimberly Dewis, City Clerk
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 David Kaptain, Mayor, and Kimberly Dewis, 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 acknowledge that they signed and delivered the said instrument
as the free and voluntary act of the City of Elgin, for the uses and purposes therein set forth.
„Pan l�P n official seal, this 25th day of May , 2016.
JENNIFER J OUINTON
rs.,r OFFICIAL SEAL 7
NOTARY PUBLIC
- d STATE OF ILLINOIS
MY COMMISSION EXPIRES
JANUARY 10.2020 N ary lie
FAL.egal Dept\Real Estate\Assignment of Easement-Fox Bluff Co po e-Sanitary Sewer-2nd can 2-18-Ib.docx
3
ACCEPTANCE
Accepted by the Fox River Water Reclamation District this 25th day of May ,
2016.
FOX RIVER WATER RECLAMATION DISTRICT,
n
By:
President
ATTEST:
Clerk
STATE OF ILLINOIS )
) SS.
COUNTY OF K A N E )
I, the undersigned, a Notary Public in and for said County and State aforesaid, DO HEREBY
CERTIFY that Bruce R. Corn, the President and Benjamin P. Bernal, Clerk, of the FOX RIVER
WATER RECLAMATION DISTRICT, personally appeared before me this day and
acknowledged that they signed and sealed the foregoing instrument in their official capacity for
the uses and purposes set forth therein.
Given under my hand an official seal, this d y of �� , 2016.
[---------------OFFICIAL SEAL `Notar Public
DOUGLAS J SCHEFLOW
NOTARY PUBLIC-STATE OF ILLINOIS
MY COMMISSION EXPIRESM1ns
i
4
LEGAL DESCRIPTION
EASEMENT EAST OF FOX BLUFF CORPORATE CENTER
A PERMANENT EASEMENT OVER PART OF THE NORTHWEST QUARTER OF SECTION
26, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRICINAL MERIDIAN,
DESCRIBED AS FOLLOWS:
A 30.00 FOOT WIDE, AS MEASURED AT RIGHT ANGLES, EASEMENT LYING
EASTERLY OF THE WEST LINE OF THE SAID NORTHWEST QUARTER OF SECTION 26,
THE CENTER LINE OF SAID EASEMENT DESCRIBED AS FOLLOWS: COMMENCING
AT THE SOUTHWEST CORNER OF THE SAID NORTHWEST QUARTER OF SECTION 26;
THENCE NORTH 00 DEGREES 54 MINUTES 05 SECONDS WEST, ALONG THE WEST
LINE OF THE SAID NORTHWEST QUARTER, A DISTANCE OF 988.12 FEET FOR THE
POINT OF BEGINNING OF SAID CENTER LINE; THENCE NORTH 89 DEGREES 29
MINUTES 05 SECONDS EAST, ALONG SAID CENTER LINE, A DISTANCE OF 1185.00
FEET FOR THE TERMINUS OF THE CENTER LINE OF SAID EASEMENT, BEING
SITUATED IN ELGIN TOWNSHIP, KANE COUNTY, ILLINOIS.
5