17-152 •
ov
Illinois Department of Transportation
2300 South Dirksen Parkway/ Springfield, Illinois / 62764
February 22, 2018
Honorable David Kaptain
Mayor
150 Dexter Court
Elgin, Illinois 60120
Subject: Notification of Jurisdictional Transfer No. 4596
Kane County to City of Elgin
Highland Avenue (CH 47)
from Coombs Road easterly to Randall Road, in its entirety
Dear Mayor Kaptain:
In accordance with the terms of the agreement executed on February 20,
2018, the transfer of highway jurisdiction for the above-noted highway from the
county to the city occurred on February 20, 2018. A map is attached showing
the location of the affected highway.
Sincerely,
Cill 0 , , Or"
Maureen E. Kastl, P.E.
Engineer of Local Roads and Streets
Attachment
cc: Richard G. Kozal, City Manager
Kimberly Dewis, City Clerk
Elgin Public Works Department, Attn: Public Services Director
Christopher J Lauzen, Kane County Board Chairman
John A Cunningham, Kane County Clerk
Carl Schoedel, P.E., Director of Transportation, County Engineer
Safety Education Officer, Illinois State Police — District 2
Chris Holt, District 1 Local Roads Engineer(elec. copy only)
James Stumpner, District 1 Operations (elec. copy only)
Lisa Heaven-Baum, District 1 Operations (elec. copy only)
John Baczek, District 1 Programming (elec. copy only)
David Wojtowicz, District 1 Programming (elec. copy only)
Temi Latinwo, District 1 Bureau of Local Roads and Streets (elec. copy only)
Steve Wegner, District 1 Bureau of Local Roads and Streets (elec. copy only)
Mike Labree, District 1 Maintenance (elec. copy only)
I -
Illinois Department Local Agency Agreement for
of Transportation Jurisdictional Transfer
Local Agency No. 1 (Conveyor) Local Agency No.2 (Recipient)
Municipality: Municipality: City of Elgin
Township/Road District: Township/Road District:
County: Kane County:
In accordance with authority granted in Section 4-409 of the Illinois Highway Code, this agreement is made and entered
into between 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
Name Highland Ave. Route CH 47 Length 2.02 miles
Termini The entire hiahwav from Coombs Road easterly to Randall Road
in its entirety.
This transfer ❑does ®does not include Structure No.
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 thereof 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 thereof 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.
IT IS MUTUALLY AGREED, that this jurisdictional transfer will become effective:
b� upon IDOT approval N calendar days after
Supplements
Additional information and/or stipulations, if any, are hereby attached and identified below as being a part of this agreement.
Supplement Location map, Municipal Resolution, County Resolution
(Insert supplement numbers or letters and page numbers,if applicable)
IT IS FURTHER AGREED, that the provisions of this agrer ant shall be binding upon and inure to the benefit of the parties
hereto, their successors and assigns.
APPROVED BY CONVEYOR APPROVED BY RECIPIENT
Name Chris Lauzen Name David Kaptain
Title Chairman County Board Title Mayor
Chairma C0.1 and/Mayo President/etc. Chair Dung- e •1► 'I.. esident/etc,
Signature •ign
APPROVED
STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION By: 1 / 1 aolI
Director,0 1.! of P tinning&Progr ming bate
*Attest: it t_
Kimberly Dewis, City Clerk
Printed 7/5/2017 BLR 05212(Rev.04/08/08)
. Addendum #1
Illinois Department of Transportation
Kane
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STATE OF ILLINOIS
COUNTY OF KANE
RESOLUTION NO. 15 - 360
APPROVING A LOCAL AGENCY AGREEMENT FOR THE JURISDICTIONAL TRANSFER
OF COUNTY HIGHWAY NO.47 (HIGHLAND AVENUE ROAD)TO THE CITY OF ELGIN
WHEREAS, the Illinois Constitution of 1970, Article VII, Section 10 and the Illinois Compiled
Statutes (5 1LCS 220/1 et seq.), authorizes the County of Kane (County) and the
City of Elgin (City)to cooperate in the performance of their respective duties and responsibilities by
contract and other agreements; and
WHEREAS, the County has jurisdiction over Kane County Highway No. 47, (commonly
referred to as Highland Avenue) and desires to transfer jurisdiction thereof, from Coombs Road to
Randall Road, to the City under the terms and conditions as set forth in the Jurisdictional Transfer
Agreement(a copy of which is on file with the Kane County Clerk).
NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that any and all
jurisdiction for that part of Kane County Highway No. 47, (also known as Highland Avenue) from
Coombs Road to Randall Road be transferred in its entirety to the City of Elgin upon approval by
the Illinois Department of Transportation and be deleted from the County Highway System and that
the County Board Chairman is authorized to execute a Jurisdictional Transfer Agreement and a quit
claim deed for the right of way thereof to accomplish the same. Said jurisdictional transfer shall be
effective upon the execution of the Local Agency Agreement for Jurisdictional Transfer by the
County of Kane, City of Elgin and Illinois Department of Transportation.
P.sse, b e Kane County Board on November 10, 2015. �+
Gam? , r---
•hn A. Cunningham Christopher Christopher J. Lauzen
lerk, CountyBoard """° ~
; �.....e..._. 9 Chairman, County Board
' " Kane County, Illinois
Kane County, Illinois � .��•. �
Vote:
[Unanimous] STATE OF ILLINOIS
COUNTY OF KANE DATE I t I _1 t
I
15-11 JT Highland Ave. t
I,John A.Cunningham,Kane County Clerk and Keeper of the Records in Kane County,Illinois
do hereby certify that the attached is a true and correct copy of the original record on tile.
• In witness whereof,I have hereunto set my hand and affix the Seal of the County of Kane at my
office In Geneva,Illinois4'
77144-fr"1‘7./4‘.
John A.Cunningham,KaneCounty
Packet Pg.177
State of Illinois )
County of Kane)
City of Elgin )
CERTIFICATE OF CITY CLERK
I, Kimberly Dewis, 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:
RESOLUTION NO. 17-152
RESOLUTION
AUTHORIZING EXECUTION OF LOCAL AGENCY AGREEMENT FOR
JURISDICTIONAL TRANSFER BETWEEN KANE COUNTY AND THE CITY OF ELGIN
(Highland Avenue from Randall Road to Coombs Road)
adopted by the Elgin City Council at its legally convened meeting held on December 20, 2017.
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 December 27-2017.
-OFA
6/0;6 fILAIiy1$ ' Kimberly De , City Clerk
if
,44
This instrument prepared by: Return to:
William A. Cogley Kimberly Dewis
Corporation Counsel Elgin City Clerk
City of Elgin 150 Dexter Court
150 Dexter Court Elgin, IL 60120
Elgin, IL 60120
Resolution No. 17-152
RESOLUTION
AUTHORIZING EXECUTION OF LOCAL AGENCY AGREEMENT FOR
JURISDICTIONAL TRANSFER BETWEEN KANE COUNTY AND THE CITY OF ELGIN
(Highland Avenue from Randall Road to Coombs Road)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that David Kaptain, Mayor, and Kimberly A. Dewis, City Clerk,be and are hereby authorized and
directed to execute a Local Agency Agreement for Jurisdictional Transfer between Kane County
and the City of Elgin providing for jurisdictional transfer from Kane County to the City of Elgin
of Highland Avenue from Coombs Road easterly to Randall Road, a copy of which is attached
hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: December 20, 2017
Adopted: December 20, 2017
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
•
KANE COUNTY
DIVISION of TRANSPORTATION
Carl Schoedel, P.E. 41W011 Burlington Road
Director of Transportation St. Charles, IL 60175
County Engineer °fy� `=' ° : Phone: (630)584-1170
: „.,.u, 1,=; Fax;(630)584-5265
*rc. t�4�N
DATE: . January 23, 2007
TO: William A. Cogley •
Corporation Counsel
City of Elgin / •
150 Dexter Court • , •
Elgin, IL 50120-55 5
1/0
FROM: Linda Hain P�'
SUBJECT: Randall Road
2-- Executed Amendment#2 to the Amended Memorandum of Agreement for •
Randall Road from 1-90 to Hopps Road with the City of Elgin.(Kane County
Resolution No. 06-500)
•
TRANSMITTED FOR: ••
(X) YOUR INFORMATION AND FILE
( ) YOUR APPROVAL AND/OR CORRECTION
(X) AS REQUESTED
( ) SEE BELOW
REMARKS:
S+PVe •
ti. .
•
AMENDMENT NO. 2 TO THE AMENDED MEMORANDUM OF
INTERGOVERNMENTAL AGREEMENT
• RANDALL ROAD—1-90 ILLINOIS TOLLWAY TO HOPPS ROAD
CITY OF ELGIN AND COUNTY OF KANE
This Amendment No. 2 to•the Amended Memorandum of Intergovernmental Agreement,
Randall Road—I-90 Illinois Tolhvay to Hopps Road, City of Elgin and County ofKane,hereinafter .
referred to as "AMENDMENT NO. 2", is made and entered into as of this „0421 day of
,aoby and between the City of Elgin,a municipal corporation of the State
• of Illinois, hereinafter referred to as the "CITY", and the County of Kane, a body corporate and
politic of the State of Illinois, hereinafter referred to as the "COUNTY." The COUNTY and the
CITY are sometimes collectively referred to as the "Parties".
RECITALS
WHEREAS,the CITY and the COUNTY entered into an Amended Agreement dated July
13, 1999 titled: Amended Memorandum of Intergovernmental Agreement, Randall Road—1-90
Illinois Tollway to Hopps Road, City of Elgin and County of Kane, hereinafter referred to as "the
AGREEMENT"; and
WHEREAS, the CITY and the COUNTY entered into a First Amendment to the
AGREEMENT dated March 3,2006; and
• WHEREAS, the CITY and the COUNTY wish to further amend the terms of the
AGREEMENT to,among other things, modify ingress to and egress from Randall Road to facilitate
the safe and efficient flow of traffic thereon; and
AtO
WHEREAS, the CITY and the COUNTY are authorized to cooperate among themselves
pursuant to the provisions of the Illinois Constitution of 1970 and the Intergovernmental Cooperation
Act; and
WHEREAS, it is deemed necessary, in order to facilitate and ensure the proper flow of
traffic,and the safety of the motoring public,to improve Randall Road and Bowes Road and that the
same will be of immediate benefit to their residents and permanent in nature.
NOW,THEREFORE, it is hereby agreed as follows:
1. The Parties hereto acknowledge and agree that the preambles'set forth hereinabove are
incorporated into and made a part of this AMENDMENT NO. 2.
2. The "Definitions" that axe attached hereto are incorporated into and made a part of this
AMENDMENT NO. 2.
3. Paragraph 3 of the AGREEMENT is hereby amended by modifying the subparagraph
referenced as Parcel 87 therein to read only as follows:
Parcel 87 shall have one access point,the intersection of which with Randall Road
shall be a right-in/right-out only,hereinafter referred to as ACCESS"A",as shown in
Exhibit "A" which exhibit is attached hereto and incorporated herein. Said right
in/right out only shall be located on the west side of Randall Road approximately
1015 feet north of the centerline of Bowes Road. The right-in/right-out only shall
have a minimum throat length of two hundred feet(200')feet from the west right of
way line of Randall Road. Said minimum throat length shall be memorialized with a
subdivision plat note or a"No Access Easement"prohibiting access to and from the
throat within 200 feet of Randall Road. Said right in/right out only shall not be
constructed,open to the public or otherwise used unless and until a permit is applied
for and duly issued therefor by the COUNTY. Permit approval for ACCESS "A" .
shall be contingent upon the permanent closure and removal of ACCESS " J" (on •
Exhibit "A") which access point is located approximately 340 feet west of the
centerline of Randall Road. The CITY also intends to create ingress to and egress
from Parcel 87 by means of the permanent elimination, closure, and relocation of
ACCESS "H"(Columbine Drive;as generally set forth in Exhibit"F")to that point
on Exhibit "A"indicated as ACCESS"G"which shall be located approximately 815
feet west of the centerline of Randall Road (proposed Wal-Mart full access) as
depicted on Exhibit "B".
4. Paragraph 3 of the AGREEMENT is hereby also amended by modifying the subparagraph
referenced as Parcel 91 therein to read only as follows:
Parcel 91 shall have four access points:
(I) The first access point,the intersection of which with Bowes Road shall be a
full access as depicted as ACCESS "G" on Exhibit "A". Said full access to Bowes
Road shall be located approximately 875 feet west of the centerline of Randall Road.
(II) The second access point,the intersection of which with Bowes Road shall be
a right-in only is depicted as ACCESS"I"on Exhibit"A". Said right in only shall be
located approximately 415 feet west of the centerline of Randall Road.
• (III) The third access point,the intersection of which with Randall Road shall be a
right in/right out only is depicted as ACCESS"C"on Exhibit"A".The right in/right
out only shall be located on the west side of Randall Road approximately 885 feet
south of the centerline of Bowes Road.
(IV) The fourth access point the intersection of which with Randall Road shall be a
full access is depicted as ACCESS "D" on Exhibit "A". Said full access shall be
located on the west side of Randall Road approximately 1,900 feet south of the
centerline of Bowes Road.
•
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•
•C
•
•
Notwithstanding anything herein to the contrary, the grant by the COUNTY of
ACCESS "C" and ACCESS "D" to Randall Road for Parcel 91 are subject to and
made contingent upon the proposed improvements of Randall Road,Bowes Road and
the intersection improvement of Randall Road and Bowes Road being built and
otherwise provided by the owner(s)/developer(s) of Parcel 91 at such
• owner(s)/developers' cost with such improvements as generally set forth in Exhibit
"C"(titled Road Improvements and prepared November 15,2005 by Atwell-Hicks)
and the preliminary design plans prepared by Parsons Transportation Group, dated
August 23,2006. Said improvements must be completed prior to final approval and
permitting of ACCESS "C"and ACCESS "D".
5. Paragraph 3 of the AGREEMENT is hereby further amended in its entirety by modifying the
subparagraph referenced as Parcel 94 therein to read only as follows:
Parcel 94 shall have one access point, the intersection of which with Randall Road
shall be a right-in/right-out only, as depicted as ACCESS "E"on Exhibit"A. Said
right-in/right-out only shall be located on the west side of Randall Road
approximately 1,330 feet north of the existing centerline of Hopps Road.
Notwithstanding anything herein to the contrary, ACCESS "E" is subject to and •
made contingent upon and only shall be permitted concurrently with the Randall
Road improvements related to the realignment of Hopps Road and the realignment of
Hopps Road as generally depicted in Exhibit"A" and Exhibit"C". •
The CITY agrees that,to the extent of its lawful authority,to require as a condition of
annexation of such Parcel 94 that the owner(s)/developer(s)of such property cause to
be designed and constructed the realignment of Hopps Road as depicted in Exhibit
"A"and Exhibit"C".
•
6. The AGREEMENT is hereby further amended by adding paragraphs 13-29 thereto to read as
follows:
13. The CITY agrees that,to the extent of its lawful authority,it shall cause all forms of
development approvals for properties abutting any County Highway which provide
for any new means of access from said abutting properties to any County Highway or
which enlarge or extend any existing means of access from said properties abutting a
County Highway to be in accordance with COUNTY access and permit regulations
• which may include access design standards and criteria such as right-of-way
requirements, easement requirements, site (internal) traffic circulation, turn lanes,
traffic control and storm water detention.
14. The CITY and COUNTY further agree that in order to facilitate and assure the proper
flow of traffic on County Highways both now and in the future within the CITY's
municipal jurisdiction, and to permit reasonable development of lands adjacent •
thereto,' to consult with one another with respect'to transportation and land use
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•
planning along County Highways. The CITY and COUNTY agree to make
• reasonable efforts to evaluate and determine development traffic impacts to the
highway system and to require improvements to address such impacts to the extent of
their authority.
15. The CITY and COUNTY agree that County Highway improvements(including but •
not limited to channelization, signalization, signal interconnects, and lighting
improvements)required/warranted by property development adjacent to any County
Highway shall to the extent of the lawful authority of the CITY and the COUNTY be
the sole cost of the owner(s)/developer(s)thereof. Permit and design requirements
shall be determined by and subject to the review and approval of the County Engineer
• in accordance with Kane County Division of Transportation Permit Regulations and
Access Control Regulations.
16. The COUNTY shall own,operate and maintain any traffic signals located within that
portion of the Randall Road right of way from I-90 to HoppsRoad. As of the date of
• this AMENDMENT NO.2 the CITY shall pay the cost to energize and maintain new
traffic signals within the right of way of any County Highway at the intersections of
CITY streets and private roads or drives in the CITY if signals are required/warranted
by development in the CITY and/or requested by the CITY. The CITY shall
reimburse the COUNTY within forty-five(45)days of the receipt of an invoice for all
costs incurred by the COUNTY in relation to the maintenance and energizing of the
• traffic signals.
•
17. The COUNTY shall own,operate and maintain any roadway lighting located within
the right of way of any County Highway. As of the date of this AMENDMENT NO. • •.
2,the CITY shall pay the cost to energize and maintain new roadway lighting within
the right of way of any County Highway at the intersection of.CITY streets and
private roads or drives in the CITY if lighting is required by development in the
CITY and/or requested by the CITY. The CITY shall reimburse the COUNTY within
forty-five(45)days of the receipt of an invoice for all costs incurred by the COUNTY .
in relation to the maintenance and energizing of the roadway lighting.
18. • The CITY and COUNTY agree, to the extent of their lawful authority, to require
property owners)/developer(s) adjacent to the right of way of any County Highway
to convey,•at no cost to the CITY or COUNTY, additional right-of-way for said
County Highway as listed within the Access Permit Section and Roadway Functional
Classifications in the Kane County Division of Transportation Permit Regulations.
19. The CITY and.the COUNTY agree that it is necessary and desirable to require
frontage roads and cross access easements for some of the undeveloped parcels of
property adjacent to the right of way of any County Highway. The CITY and
COUNTY shall consider such means of access using cross access easements and
frontage roads on a case-by-case basis. Exhibits "A" and"D" generally depict the
frontage roads and/or cross access easements between Bowes Road and Hopps Road.
• - 4
•
20. The CITY and COUNTY agree that the CITY and/or owner(s)/developer(s)with the
CITY's written approval may develop a landscape plan for the portion of the right of
way of any County Highway(including a landscaped median)subject to input,review
and approval by the COUNTY.The CITY and/or owner(s)/developer(s)will pay for
all costs associated with said landscaping to include the barrier median and
maintenance of said landscaping. The CITY agrees to maintain the landscaped
median in a safe, clean, orderly and presentable condition to the satisfaction of the
COUNTY. The CITY shall indemnify, defend, and save harmless as herein
provided,the COUNTY,its officers,agents,officials,servants,and employees from
any and all liability, claims, manner of actions, cause, and causes of action, suits,
sums of money, covenants, controversies, agreements, promises, damages,
judgments, claims, and demands, whatsoever, in law or in equity, and particularly
and without limiting the generality of the.forgoing any and all personal injuries,
property damage or death,including claims for indemnity or contribution,attorneys'
fees,and other litigation expenses all and in any case or manner arising out of,caused
by,or in consequence of the negligence of the CITY,its employees,officers,agents,
• or servants,or out of,caused by,or in consequence of and relating in any manner to
the CITY's maintenance of landscaping within COUNTY right-of-way.
21. The CITY agrees to assume complete jurisdiction of Kane County Highway Number
7(Damisch Road)from its intersection with Kane County Highway Number 21 (Big
Timber Road)southwesterly to the corporate limits of the Village of Pingree Grove.
The CITY agrees that it shall take all steps necessary to accomplish the jurisdictional
transfers as set forth herein,including but not limited to making necessary application
and entering into appropriate agreements with the COUNTY and/or the Illinois
Department of Transportation or other units of local government within one hundred
eighty(180)days of the entry into this Amendment No.2. The CITY and COUNTY
agree, to the extent of their lawful authority and their jurisdiction over their
respective highways, to cooperate among themselves and cause highway
improvements to be constructed at the intersection of Damisch Road and Big Timber
Road at the sole cost of the owner(s)/developer(s)adjacent to said roads (including
but not limited to chanzelization, signalization, signal interconnects, and lighting
improvements).
22. The Parties hereto acknowledge that the COUNTY desires to divest itself of all
jurisdiction that it may have over Kane County Highway No.47(Highland Avenue).
The CITY agrees to assume complete jurisdiction of those portions of Kane County
Highway Number 47 (Highland Avenue) within or adjacent to the municipal
jurisdiction of the City,from Highland Avenue's intersection with County Highway •
Number 34 (Randall Road) west to its intersection with Kane County Highway
Number 7(Damisch Road). The CITY agrees that it shall take all steps necessary to
accomplish the jurisdictional transfers as set forth herein,including but not limited to
making necessary application and entering into appropriate agreements with the
COUNTY and/or the Illinois Department of Transportation or other units of local
government within one hundred eighty(180) days of the entry into this Amendment
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No.2.The CITY further agrees that it shall assume complete jurisdiction over those
portions of Highland Avenue from its intersection with County Highway Number 34
(Randall Road) west to its intersection with Kane County Highway Number 7
(Damisch Road) that come within or otherwise become adjacent to the municipal
limits of the CITY prior to or after the execution of this Amendment No.2.
23. The COUNTY and the CITY acknowledge and agree that an intergovernmental
agreement by and between the COUNTY,the CITY, the Elgin Township Highway
Commissioner, the Plato Township Highway Commissioner and the Rutland
Township Highway Commissioner is necessary and convenient to completely relieve
the COUNTY of its jurisdiction of all of Highland Avenue. The COUNTY intends
and will use its best efforts to enter into agreements with the above said township
highway commissioners for them to assume complete jurisdiction over those portions
of Highland Avenue not within or adjacent to the municipal limits of the CITY.The
CITY and COUNTY acknowledge that any agreements relative to the jurisdictional
transfer of Highland Avenue to the Township Road Districts will pertain to
maintenance only and will not obligate any capital capacity improvements on the part
of said Road Districts since nearly all the projected traffic growth on Highland
Avenue is related to CITY development proposals.Notwithstanding anything herein
to the contrary,the CITY agrees to assume complete jurisdiction over all of Highland
Avenue, from Highland Avenue's intersection with County Highway Number 34
(Randall Road) west to its intersection with Kane County Highway Number 7
(Damisch Road),from the COUNTY and/or all of the above named Road Districts
with jurisdiction thereof no later than January 1, 2016. The CITY and COUNTY
agree to work cooperatively and in a good faith to facilitate and enter into any
.agreements necessary to accomplish the transfer of jurisdiction of those parts of
Highland Avenue as described in the Amendment No.2 from the COUNTY.
24. The COUNTY shall take all steps necessary to complete the jurisdiction transfer of
the above described roads to the CITY and appropriate townships.
25. The CITY and COUNTY agree that the COUNTY shall have no maintenance
responsibilities for Kane County Highway Number 47 (Highland Avenue) from its
intersection with County Highway Number 34(Randall Road)east to its intersection
with McLean Boulevard upon completion of the proposed Highland Avenue
improvements which are currently in Phase I engineering, by Crawford,Murphy&
Tilly,Inc., as of the date of this agreement.
26. In consideration of the jurisdictional transfer of Damisch Road,the COUNTY agrees
to reimburse the cost of a one time resurfacing of the pavement (not to exceed a 2"
asphalt overlay) of Damisch Road as it exists as of the date of execution hereof
according to IDOT's Standard Specifications for Road and Bridge Construction. The
COUNTY shall reimburse the CITY within forty-five (45) days of the receipt of an
invoice for all reasonable costs incurred by the CITY in relation to the resurfacing.
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•
•
This reimbursement shall be a one time payment and said resurfacing shall occur.with
seven(7)years of this agreement.
•
27. The COUNTY also agrees to pay the local share of the rehabilitation costs of the
Damisch Road bridge over Tyler Creek (045-3015) which is currently in the
COUNTY Transportation Improvements Program for FY2009. This project is
primarily being funded by federal funds.
28. In consideration of the jurisdictional transfer of Highland Avenue, the COUNTY
agrees to reimburse the costs of a one time resurfacing of the pavement (not to
exceed a 2" asphalt overlay) of Highland Avenue as it exists as of the date of the
execution hereof according to IDOT's Standard Specifications for Road and Bridge
Construction. The COUNTY shall reimburse the CITY within forty-five(45)days of
the receipt of an invoice for all reasonable costs incurred by the CITY in relation to the
resurfacing. This reimbursement shall be a one time payment and said resurfacing shall
occur with seven(7)years of this agreement.
29. The CITY and COUNTY agree that the jurisdictional transfer of the above described
roads is necessary to facilitate annexed and proposed developments by the CITY that
significantly impact County Highways and do not meet COUNTY regulations.
Therefore, the CITY and COUNTY agree to use their best efforts to expedite the
jurisdictional transfers inorder to accommodate proposed site development next year.
The COUNTY and CITY agree that permits relative to access will be issued by the
CITY upon completion and approval of the agreements necessary for the •
jurisdictional transfer.
7. Notwithstanding anything to the contrary in this AGREEMENT, nothing in this
AGREEMENT is intended or shall be construed to require either the CITY or the COUNTY
to exercise the power of eminent domain. Nothing in this AGREEMENT is intended or shall
be construed to authorize the COUNTY to exercise any zoning, subdivision, or other land
•use authority conferred by law upon the CITY. Nothing in this AGREEMENT is intended or
shall be construed to require either the CITY or the COUNTY to mandate any action by third
parties which is not permitted by law.
8. No oral modification,amendment or change shall be allowed to this AMENDMENT NO.2.
Any modification, amendment or change hereto shall be in writing and signed by the
COUNTY and the CITY."
9. Except as expressly provided in this AMENDMENT NO:2 and AMENDMENT NO. 1,all
other terms,conditions and provisions of the AGREEMENT shall continue in full force and
effect as provided therein.
•
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IN WITNESS WHEREOF, the CITY and the COUNTY have entered into this
AMENDMENT NO. 2 effective as of the date first set forth above.
COUN Y IF KA CITY OF ELGIN
By: `0 4
�' By:
aren McConnaughay 1 - • Schock
Chair, County Board Mayor •
ry
ATTEST:
•
e � By:
John A. Cunningham / City Clerk
Clerk, County of Kane
1144.4.1-1
a•cro
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Elgin IGA Amendment #2 Exhibit A
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EXHIBIT"E"
DEFINITIONS
Access, n.: The right of an owner of property immediately adjacent to a highway to
ingress to and egress from said property by way of the immediately adjoining highway.
Access Point n.: The permitted location along a highway where ingress to and egress
from a property immediately adjoining the highway is allowed. The location of an access
point is governed by the Kane County Division of Transportation, Permit Regulations
Thereinafter"KDOT-PR") unless otherwise agreed to in writing by the County of Kane.
Access Regulation n.: Various measures utilized by the County of Kane, intended to
regulate or control access, including, but not necessarily limited to control, restriction or
elimination of an Intersection at an Access Point pursuant,to the police power or by other •
appropriate means of the County of Kane. (See also: KDOT-PR).
•
Access Road, n.: See also Internal Access Road. A highway or private road that directly
connects to an Access Point. That portion of a highway that connects to an Access Point
is sometimes referred to as a leg of an Intersection.
• Auxiliary Lanes, ii.: Lanes, other than through lanes, of the traveled portion of a
highway such as dedicated left turn lanes,right hand turn lanes or deceleration lanes.
•
County Highway, 77.: a highway under the exclusive jurisdiction of the County of Kane.
"County Highway"may include a highway under the exclusive jurisdiction of the County
of Kane for which maintenance or other responsibilities are performed by another unit of
government pursuant to an intergovernmental agreement with the County of Kane.
County Engineer, n.: The County Engineer of Kane County as the term "County
Engineer" is defined in the Highway Code of the Illinois Compiled Statutes (605 ILCS
5/5-201.
Cross Access Easement, n.: An easement, granted by the owners of property adjacent to
a highway, to the public for highway purposes. Cross access easements are intended to
serve as locations for internal access roads or access roads to connect properties adjacent
to the highway to an access point.
•
Detention, n.: A dry bottom earthen depression in the ground utilized for the temporary
storage and controlled discharge of storm water.
Development, n.: any change or conversion in any use of real property that causes or
otherwise requires, due to any increase in the amount of vehicular traffic either entering
and/or leaving the real property, the laying out, provision of construction of any new
means or the enlarging or extending any existing means of ingress and egress at a new or
•
• r.
1 n
existing Access Point to or from a County Highway. "Development" includes the
development (redevelopment) of previously developed real property and the development
(improvement) of vacant land.
Highway, n.: A general term for denoting a public way for purposes of the travel of •
vehicular traffic including the entire area within the right of way thereof and any
associated appurtenance therefor. "Highway" includes a City of Elgin street or a
township road.
Internal Access Road, n.: A highway servient to and which runs generally parallel with
a dominant County highway and is.sometimes referred to as a"frontage road" or a" local
service drive" as defined by the Illinois Highway Code (605 ILCS 5/8-105). An internal •
access road is intended to collect traffic generated from, properties adjacent to the
frontage road to convey the traffic to an Access Road and an Access Point on a County or
other highway.
Intersection, n.: The area within the right of way of two different highways, access
roads, internal access roads, private roads, alleys, driveways within which vehicles
traveling on the traveled portion of each highway come into conflict with one another.
The junction of a private alley or a private driveway with a highway may for purposes of
this Agreement constitute an intersection. Intersection includes:
A. Full Intersection, n.: An Intersection of two highways that has four
intersecting legs which allows traffic certain traffic movements to and
from each leg of the intersection to any other leg of the intersection.
B. Right In/Right Out Only, n. : A'"T" Intersection where the movement of
traffic is limited to the following movements only: (i)through movements
on the horizontal legs of the "T" , (ii) a right hand turning movement only
from the left horizontal leg of the "T" to the vertical leg of the "T" and,
(iii) a right hand turning movement only from the vertical leg of the "T" to.
the right hand leg of the "T". No left hand turns are permitted on a right
in/right out only intersection.
C. Right In Only, n.: An intersection where the movement of traffic on a
County Highway is limited to only a right hand turning movement from
the County Highway into property adjacent to a County Highway.
D. Right Out Only,n.:
E. Signalized Intersection, n.: An intersection that utilizes signalization,
such as a Signalized Full Intersection or a Signalized"T" Intersection.
F. "T" Intersection, n.: An intersection of two highways or the intersection
of a highway and an access road, internal access road, private drive or
alley that has only three intersecting legs which allows traffic movements
to and from each leg of the intersection to any other leg of the intersection.
As its name implies this intersection appears as various forms of the letter
«T„
•
•
• r r
Intersection Lighting, n.: Overhead electric lighting at an Intersection intended to
illuminate the pavement surface of the Intersection as may be required by the County
Engineer of Kane County or the KDOT-TPR.
KDOT-PR, n.: The Kane County Division of Transportation, Permit Regulations as
amended from time to time and duly authorized by the Kane County Board.
MUTCD, 19.: The most recent addition of the Manual of Uniform Traffic Control
Devices.
Owner(s)/Developer(s), n.: The person or the entity undertaking development.
Planning Jurisdiction, n.: The area described in the Illinois Compiled Statutes by 65
ILCS 5/11-12-5 through 65 ILCS 5-11-12-6 of the Municipal Code over which the City•
of Elgin has planning authority.
Private Road,n.: A way for the purpose of travel of vehicular traffic including the entire
area within the right of way thereof and any associated appurtenance therefor that is not
• intended for use by the general public, or alternatively, not under the jurisdiction of a unit
of government.
•
Property Adjacent to Randall Road, n.: Real estate that is contiguous to the right of
way of Randall Road and/or any other real estate that desires ingress to and egress from
Randall Road:
Retention, n.: A wet bottom earthen depression in the ground utilized for the temporary
and or permanent storage and controlled discharge of storm water.
Roadway Lighting, n.: Overhead electric lighting adjacent to a highway intended to
illuminate the pavement surface and surrounding area as may be required by the County
Engineer of Kane County.
Signalization, n.: Electronic traffic control devices also referred to as: traffic lights,
traffic control devices, stop and go lights or traffic control signals, intended for the
regulation of vehicular and pedestrian traffic at an Intersection where such devices on
different legs of the same intersection alternately direct traffic to stop and to proceed.
Signalization is designed, constructed operated and maintained to the satisfaction of the
County Engineer of Kane County.
Signal Interconnect System, n.: An electronic system designed and intended to
electronically connect signalization at various Intersections into a continuous series for
• the intended purpose of coordinating the movement of traffic through the various
signalized intersections. Signal interconnect systems are designed, constructed, operated
and maintained to the satisfaction of the County Engineer of Kane County.
•
Throat, n.: The area of a highway, access road, internal access road, leg of an
Intersection, private road, alley or driveway where the Intersection with any of the same
is not permitted.
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