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R-15-10 - Authorizing Intergovernmental Agreement with Illinois TollwayRESOLUTION R - i S, RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY FOR TRANSFER OF EXCESS PROPERTY TO THE VILLAGE OF LEMONT WHEREAS, the Village of Lemont desires to enter into an Intergovernmental Agreement with the Illinois State Toll Highway Authority for transfer of excess Tollway property to the Village of Lemont; and WHEREAS, the document attached hereto as Exhibit A outlines the terms and conditions of the Intergovernmental Agreement between the Village of Lemont and the Illinois State Toll Highway Authority. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES as follows: SECTION 1: That the Village President is hereby authorized to execute the Intergovernmental Agreement with the Illinois State Toll Highway Authority for conveyance of excess Tollway property to the Village of Lemont, attached hereto as Exhibit A. SECTION 2: This Resolution shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. SECTION 3: The Village Clerk of the Village of Lemont shall certify to the adoption of this Resolution and cause the same to be published in pamphlet form PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DU PAGE, ILLINOIS, on this 22 "d day of February , 2010. Debby Blatzer Paul Chialdikas Clifford Miklos Rick Sniegowski Ronald Stapleton Jeanette Virgilio AYES NAYS PASSED ABSENT BRIAN . REAVES, illage President CHARLENE SMOLLEN, Village Clerk INTERGOVERNMENTAL AGREEMENT BETWEEN THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY AND THE VILLAGE OF LEMONT This AGREEMENT is entered into this day of AD, 2010, by and between THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY, an instrumentality and administrative agency of the State of Illinois, hereinafter called the "TOLLWAY ", and THE VILLAGE OF LEMONT, a municipal corporation of the State of Illinois, hereinafter called the "VILLAGE ". WITNESSETH: WHEREAS, the TOLLWAY in order to facilitate the free flow of traffic and ensure safety to the motoring public, has completed the construction of the FAP 340 Veterans Memorial Tollway (I -355) (hereinafter sometimes referred to as "Toll Highway "), and included in TOLLWAY construction contract(s) including but not limited to Contract I -05 -7713 (hereinafter referred to as the "PROJECT "); and WHEREAS, the TOLLWAY, owns certain properties which were acquired as part of the PROJECT (approximately 3 acres), more or less, located in the northeast quadrant of I -355 and 127th Street, certain properties now known collectively as Alba Street (a street under the jurisdiction of the VILLAGE), now considered and declared excess property to the TOLLWAY's current and anticipated needs (hereinafter referred to as the "PROPERTY "); and WHEREAS, the TOLLWAY requests that the VILLAGE take conveyance of the PROPERTY, specifically TOLLWAY Parcel NS- 702- 005.3EX, Parcel NS- 702- 005.4EX, Parcel NS- 702- 006EX, Parcel NS- 702- 008.1EX, Parcel NS- 702- 045.1EX and Parcel NS- 702-058.1EX (Parcel Plat and Legal Descriptions attached hereto as Exhibit A); and WHEREAS, the VILLAGE will assume all liabilities and responsibilities associated with the ownership of the PROPERTY including but not limited to defending legal claims and maintaining the PROPERTY; and WHEREAS, the VILLAGE agrees to the TOLLWAY's request to accept conveyance of the PROPERTY and all responsibilities, at no cost to the VILLAGE; and WHEREAS, the TOLLWAY by virtue of its powers as set forth in the "Toll Highway Act," 605 ILCS 10 /1 is authorized to enter into this AGREEMENT; and WHEREAS, the VILLAGE by virtue of its powers as set forth in the Illinois Municipal Code 65 ILCS 5/1 -1 -1 is authorized to enter into this AGREEMENT; and 1 WHEREAS, a cooperative Intergovernmental Agreement is appropriate and such an Agreement is authorized by Article VII, Section 10 of the lllinois Constitution and the Intergovernmental Cooperation Act, 5 ILCS 220/1. NOW, THEREFORE, in consideration of the aforementioned recitals and the mutual covenants contained herein, the parties hereto agree as follows: SECTION I. COOPERATION A. The TOLLWAY and the VILLAGE agree to cooperate and to make every effort to cause the exchange of the land parcels as described herein. SECTION II. REAL ESTATE EXCHANGE A. The TOLLWAY has performed all survey work and prepared the parcel plats and legal descriptions for the PROPERTY. B. Parcel plats and legal descriptions for the PROPERTY to be conveyed to the VILLAGE by the TOLLWAY shall conform to the TOLLWAY format. C. The VILLAGE agrees to accept the PROPERTY in "as is" condition. D. The TOLLWAY will convey the PROPERTY to the VILLAGE, provided that: It is understood that the PROPERTY is being acquired by the VILLAGE for governmental purposes. In the event the VILLAGE conveys the PROPERTY or any portion thereof to a private party within ten (10) years of the date of this AGREEMENT, the VILLAGE shall remit any and all amounts or other value (actual price of the land as identified) or the fair market value of the PROPERTY at the time of conveyance, which ever is higher, to the TOLLWAY. ii. These provisions may be noted in the deed by the TOLLWAY to the VILLAGE. iii. It is understood and agreed that the TOLLWAY does not consent to transfer any interest of the TOLLWAY which is necessary to the maintenance and operation of the Toll Highway System. SECTION III. UTILITIES A. It is mutually agreed by the parties hereto that the property may include present utility facilities. The new property owner shall grant to the utility owning or 2 operating the facilities and to its successors and assigns the right to operate the facilities in the same location for as long a period and upon the same terms and conditions as it had the right to maintain and operate the facilities prior to the transfer of the PROPERTY provided that the easements are of record. SECTION IV. FINANCIAL A. The TOLLWAY has paid for all survey work and prepared the parcel plats and legal descriptions for the PROPERTY, at no cost to the VILLAGE. B. The TOLLWAY and the VILLAGE shall maintain, for a minimum of three (3) years after the conveyance of the PROPERTY, adequate books, records, and supporting documents to verify the amounts, recipients, and uses of all disbursements of funds passing in conjunction with this AGREEMENT. All books, records, and supporting documents related to the PROJECT shall be available for review and audit by the Auditor General, the TOLLWAY Inspector General, and/or other State Auditors. The TOLLWAY and the VILLAGE agree to cooperate fully with any audit conducted by the Auditor General, the TOLLWAY Inspector General, and/or other State Auditors and to provide full access to all relevant materials. SECTION V. GENERAL PROVISIONS A. It is understood and agreed that this is an INTERGOVERNMENTAL AGREEMENT between the Village of Lemont and the Illinois State Toll Highway Authority. B. Wherever in this AGREEMENT approval or review by either the VILLAGE or the TOLLWAY is provided for, said approval or review shall not be unreasonably delayed or withheld. C. 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. SECTION VI. MODIFICATION A. This AGREEMENT may only be modified by written modification executed by duly authorized representatives of the parties hereto. SECTION VII. SUCCESSORS AND ASSIGNS 3 A. This AGREEMENT shall be binding upon and inure to the benefit of the parties hereto and their respective successors and approved assigns. SECTION VIII. GOVERNING LAWS A. 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 DuPage County, Illinois. SECTION IX. NOTICES All notices shall be in writing and shall be personally delivered or mailed to the following persons at the following addresses: To the TOLLWAY: The Illinois Toll Highway Authority 2700 Ogden Avenue Downers Grove, IL 60515 Attn: Chief Engineer To the VILLAGE: Village of Lemont 418 Main Street Lemont, IL 60439 -3788 Attn: Village Administrator The introductory recitals included at the beginning of this AGREEMENT are agreed to and incorporated into this AGREEMENT. IN WITNESS THEREOF, the parties have executed this AGREEMENT on the dates indicated. THE VILLAGE OF LEMONT Date: ./-alt? - / /D 4 THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY By: Date: Michael T. King, Acting Executive Director By: Date: Thomas J. Bamonte, General Counsel Approved as to form and constitutionality Attorney General, State of Illinois JMR IGA Lemont I -355 @ Alba St. ExcessLand.doc 5 4/00.1.51e600, IA .0.010 IDA triN;r1V1113.-./. IINfa INPAILIValit".1;r4rall EXHIBIT "A" NS- 702 -005.3 EX THAT PART OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 88 DEGREES 34 MINUTES 08 SECONDS EAST ON THE SOUTH LINE OF SAID SOUTHEAST QUARTER, 20.00 FEET TO THE EAST LINE OF THE WEST 20.00 FEET OF SAID SOUTHEAST QUARTER; THENCE NORTH 01 DEGREE 23 MINUTES 19 SECONDS-WEST ON SAID EAST LINE, 1033.90 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 01 DEGREE 23 MINUTES 19 SECONDS WEST ON SAID EAST LINE, 58.13 FEET TO THE NORTH LINE OF THE SOUTH 66.00 FEET OF THE NORTH 300.00 FEET OF THE SOUTHWEST QUARTER OF SAID SOUTHEAST QUARTER; THENCE NORTH 88 DEGREES 37 MINUTES 33 SECONDS EAST ON SAID NORTH LINE, 343.11 FEET TO THE WEST LINE OF THE EAST 300.00 FEET OF THE WEST HALF OF THE WEST HALF OF SAID SOUTHEAST QUARTER; THENCE SOUTH 01 DEGREE 24 MINUTES 56 SECONDS EAST ON SAID WEST LINE, 66.00 FEET TO THE SOUTH LINE OF THE NORTH 300.00 FEET OF THE SOUTHWEST QUARTER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 88 DEGREES 37 MINUTES 33 SECONDS WEST ON SAID SOUTH LINE, 230.68 FEET; THENCE NORTH 87 DEGREES 22 MINUTES 22 SECONDS WEST, 112.74 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 0.5097 ACRES (22,204 SQUARE FEET), MORE OR LESS. N: \CIerical\2008 \0396 \Task 3A \EXCESS ROW\NS- 702 -005.3 EX.doc.... EXHIBIT "A" NS- 702- 005.4EX THAT PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 30; THENCE NORTH 88 DEGREES 34 MINUTES 08 SECONDS EAST, ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 30, A DISTANCE OF 665.00 FEET TO THE EAST LINE OF THE WEST HALF OF THE SOUTH HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 30; THENCE NORTH 01 DEGREE 08 MINUTES 00 SECONDS WEST, ALONG SAID EAST LINE 581.46 FEET TO THE POINT OF BEGINNING, BEING A POINT ON A NON - TANGENT CURVE, HAVING A CHORD BEARING OF NORTH 16 DEGREES 17 MINUTES 09 SECONDS WEST, A RADIUS OF 483.00 FEET CONCAVE TO THE NORTHEAST; THENCE NORTHWESTERLY ALONG SAID CURVE, 255.47 FEET TO A POINT OF TANGENCY; THENCE NORTH 01 DEGREE 08 MINUTES 00 SECONDS WEST, 80.26 FEET TO THE BEGINNING OF A TANGENTIAL CURVE, HAVING A CHORD BEARING NORTH 46 DEGREES 16 MINUTES 56 SECONDS WEST, A RADIUS OF 117.00 FEET CONCAVE TO THE SOUTHWEST; THENCE ,NORTHWESTERLY ALONG SAID CURVE 184.39 FEET TO THE SOUTH LINE OF THE NORTH 300.00 FEET OF THE EAST 300.00 FEET OF THE WEST HALF OF THE SOUTH HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 30; THENCE NORTH 88 DEGREES 34 MINUTES 08 SECONDS EAST, ALONG SAID SOUTH LINE, 183.61 FEET TO SAID EAST LINE; THENCE SOUTH 01 DEGREE 08 MINUTES 00 SECONDS EAST, ALONG SAID EAST LINE, 441.93 FEET TO THE POINT OF BEGINNING. CONTAINING 0.6179 ACRE (26,916 SQUARE FEET), MORE OR LESS. N: \CIerical\2008 \0396 \Task 3A \EXCESS ROW\NS- 702- 005.4EX.doc... EXHIBIT "A" NS- 702 -006 EX A PARCEL OF LAND IN THE COUNTY OF COOK, STATE OF ILLINOIS LYING IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, BEING THAT PORTION OF THAT CERTAIN 2.07 ACRE PARCEL OF LAND DESCRIBED IN DEED DATED MAY 12, 1965 TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY RECORDED MAY 25, 1965 AS DOCUMENT NO. 19474744, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 30; THENCE NORTH 88 DEGREES 34 MINUTES 08 SECONDS EAST, ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 30, A DISTANCE OF 665.00 FEET TO THE EAST LINE OF THE WEST HALF OF THE SOUTH HALF OF THE WEST HALF OF SAID SOUTHEAST QUARTER; THENCE NORTH 01 DEGREE 08 MINUTES 00 SECONDS WEST, ALONG SAID EAST LINE, 1023.39 FEET TO THE SOUTH LINE OF THE NORTH 300.00 FEET OF THE EAST 300.00 FEET OF THE WEST HALF OF THE SOUTH HALF OF THE WEST HALF OF SAID SOUTHEAST QUARTER, SAID SOUTH LINE ALSO BEING THE SOUTH BOUNDARY OF SAID 2.07 ACRE PARCEL; THENCE SOUTH 88 DEGREES 34 MINUTES 08 SECONDS WEST, ALONG. SAID SOUTH .LINE AND SAID SOUTH BOUNDARY, 42.90 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 88 DEGREES 34 MINUTES 08 SECONDS WEST, ALONG SAID SOUTH LINE AND SAID SOUTH BOUNDARY, 257.10 FEET TO THE WEST LINE OF THE NORTH 300.00 FEET OF THE EAST 300.00 FEET OF THE WEST HALF OF THE SOUTH HALF OF THE WEST HALF OF SAID SOUTHEAST QUARTER, SAID WEST LINE ALSO BEING THE WEST BOUNDARY OF SAID 2.07 ACRE PARCEL; THENCE NORTH 01 DEGREE 08 MINUTES 00 SECONDS WEST, ALONG SAID WEST LINE AND SAID WEST BOUNDARY, 66.00 FEET; THENCE NORTH 88 DEGREES 34 MINUTES 08 SECONDS EAST, 116.05 FEET TO THE BEGINNING OF A TANGENTIAL CURVE, HAVING A CHORD BEARING OF SOUTH 66 DEGREES 18 MINUTES 10 SECONDS EAST, A RADIUS OF 183.00 FEET CONCAVE TO THE SOUTHWEST; THENCE SOUTHEASTERLY ALONG SAID CURVE, 160.52 FEET TO THE POINT OF BEGINNING. CONTAINING 0.3243 ACRE (14,126 SQUARE FEET), MORE OR LESS. N: \Clerical \2008 \0396\Task 3A \EXCESS ROW\NS- 702 -006 EX.doc EXHIBIT "A" NS- 702 -008.1 EX THAT PART OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ALL IN COOK COUNTY, ILLINOIS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 30; THENCE SOUTH 88 DEGREES 34 MINUTES 08 SECONDS WEST ALONG THE SOUTH LINE OF SAID SECTION 30, A DISTANCE OF 1659.10 FEET TO THE WEST LINE OF SAID EAST HALF; THENCE NORTH 01 DEGREE 23 MINUTES 51 SECONDS WEST, ALONG SAID WEST LINE 348.59 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 01 DEGREE 23 MINUTES 51 SECONDS WEST, ALONG SAID WEST LINE, 67.38 FEET TO A POINT ON A NON - TANGENTIAL CURVE, HAVING A CHORD BEARING NORTH 85 DEGREES 19 MINUTES 14 SECONDS EAST, A RADIUS OF 417.00 FEET CONCAVE TO THE NORTH; THENCE EASTERLY ALONG SAID CURVE, 230.02 FEET TO A POINT OF REVERSE CURVATURE HAVING A RADIUS OF 295.00 FEET CONCAVE TO THE SOUTH; THENCE EASTERLY ALONG SAID CURVE, 98.09 FEET TO A POINT OF TANGENCY; THENCE NORTH 88 DEGREES 34 MINUTES 10 SECONDS EAST, 8.66 FEET TO THE EAST LINE OF SAID WEST HALF; THENCE SOUTH 01 DEGREE 23 MINUTES 50 SECONDS EAST, ALONG SAID .EAST LINE, 66.00 FEET; THENCE SOUTH 88 DEGREES 34 MINUTES 10 SECONDS WEST, 8.62 FEET TO THE BEGINNING OF A TANGENTIAL CURVE, HAVING A CHORD BEARING SOUTH 79 DEGREES 02 MINUTES 37 SECONDS WEST, A RADIUS OF 229.00 FEET CONCAVE TO THE SOUTH; THENCE WESTERLY ALONG SAID CURVE, 76.15 FEET TO A POINT OF REVERSE CURVATURE, HAVING A RADIUS OF 483.00 FEET CONCAVE TO THE NORTH; THENCE WESTERLY ALONG SAID CURVE, 251.82 FEET TO THE POINT OF BEGINNING. CONTAINING 0.5101 ACRE (22,220 SQUARE FEET), MORE OR LESS. N:1CIerical\2008 \0396 \Task 3A\EXCESS ROW\NS- 702 -008.1 EX.doc... EXHIBIT "A" NS- 702 -045.1 EX THAT PART OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 01 DEGREE 23 MINUTES 19 SECONDS WEST ON THE WEST LINE OF SAID SOUTHEAST QUARTER, 1056.35 FEET TO THE NORTHEAST CORNER OF PARCEL NS- 702 -001 CONVEYED TO THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY BY THE JUDGMENT ORDER OF CIRCUIT COURT CASE 96L50625 AND TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 01 DEGREE 23 MINUTES 19 SECONDS WEST ON SAID WEST LINE, 269.70 FEET TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SOUTHEAST QUARTER; THENCE NORTH 88 DEGREES 37 MINUTES 33 SECONDS EAST ON SAID NORTH LINE, 20.00 FEET TO THE EAST LINE OF THE WEST 20.00 FEET OF SAID SOUTHEAST QUARTER; THENCE SOUTH 01 DEGREE 23 MINUTES 19 SECONDS EAST ON SAID EAST LINE, 292.13 FEET; THENCE NORTH 87 DEGREES 22 MINUTES 22 SECONDS WEST, 15.82 FEET; THENCE NORTH 12 DEGREES 34 MINUTES 49 SECONDS WEST, 21.74 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 0.1328 ACRES (5784 SQUARE FEET), MORE OR LESS. N:\Clerical\2008 \0396 \Task 3A \EXCESS ROV\NS- 702 -045.1 EX.doc.... EXHIBIT "A" NS- 702 -058.1 EX LEGAL DESCRIPTION THAT PART OF THE WEST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ALL IN COOK COUNTY, ILLINOIS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 30; THENCE SOUTH 88 DEGREES 34 MINUTES 08 SECONDS WEST, ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER 1659.10 FEET TO THE EAST LINE OF SAID WEST HALF; THENCE NORTH 01 DEGREE 23 MINUTES 51 SECONDS WEST, ALONG SAID EAST LINE 315.56 FEET TO A POINT ON A NON - TANGENTIAL CURVE, HAVING A CHORD BEARING NORTH 56 DEGREES 01 MINUTE 59 SECONDS WEST AND A RADIUS OF 483.00 FEET CONCAVE TO THE NORTHEAST, SAID POINT BEING THE POINT OF BEGINNING; THENCE NORTHWESTERLY ALONG SAID CURVE, 414.67 FEET TO THE WEST LINE OF SAID WEST HALF; THENCE NORTH 01 DEGREE 08 MINUTES 00 SECONDS WEST, ALONG SAID WEST LINE 243.72 FEET TO A POINT ON A NON - TANGENTIAL CURVE, HAVING A CHORD BEARING SOUTH 40 DEGREES 00 MINUTES 57 SECONDS EAST AND A RADIUS OF 417.00 FEET CONCAVE TO THE NORTHEAST; THENCE SOUTHEASTERLY ALONG SAID CURVE, 565.97 FEET TO SAID EAST LINE; THENCE SOUTH 01 DEGREE 23 MINUTES 51 SECONDS EAST ALONG SAID EAST LINE, 67.38 FEET TO THE POINT OF BEGINNING. CONTAINING 0.6867 ACRE (29,913 SQUARE FEET), MORE OR LESS. N: \CIerical12008 \0398 \Task 3A \EXCESS ROW\NS- 702- 058.1EX.doc...