O-05-08 02-11-2008VILLAGE OF LEMONY
ORDINANCE -~ ~~
AN ORDINANCE ACCEPTING JURISDICTIONAL
TRANSFER OF 127TH STREET AND HIGH ROAD
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONY
This 11th day of February , 2008
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village of
Lemont, Counties of Cook, Will, and
DuPage, Illinois this 11th day
of February ,2008
ORDINANCE NO. ~ C`3
ORDINANCE ACCEPTING JURISDICTIONAL
TRANSFER 01= 127T" STREET AND HIGH ROAD
WHEREAS, it is in the best interest of the Village of Lemont to accept the
jurisdictional transfer of a portion of 127`h Street and High Road as hereinafter described.
NOW, THEREFORE, be it Ordained by the President and Board of Trustees of the
Village of Lemont, Counties of Cook, Will and DuPage, Illinois, as follows:
Section 1. That the jurisdictional transfers as set forth on the Local Agency
Agreements for Jurisdictional Transfer substantially in the form of Exhibit A and Exhibit B
attached hereto be and are hereby accepted by the Village. The President and Village
Clerk are hereby authorized and directed to execute said agreements in substantially the
form attached on behalf of the Village.
Section 2. If any section, paragraph, sentence, clause, phrase, word or provision
of this Ordinance is held invalid, the invalidity of such section, paragraph, sentence, clause,
phrase, word or provision shall not affect any of the other such provisions of this
Ordinance.
Section 3: This ordinance shall be in full force and effect from and after its
passage, approval and publication in the manner provided by law.
Section 4: All ordinances or parts of ordinances in conflict herewith shall be and
the same are hereby repealed.
Section 5: The Village Clerk of the Village of Lemont shall certify to-the adoption
of this ordinance and cause the same to be published in pamphlet form.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONY, COUNTIES OF COOK, WILL AND DUPAGE, ILLINOIS,
ON THIS ~~^ DAY OF ~,~jrv Z .
AYES
Debby Blatzer L/'
Peter Coules ,~
Clifford Miklos ~
Brian Reaves
Ronald Stapleton ~
Jeanette Virgilio ~
Approved as to Form:
NAYS ABSENT ABSTAIN
JOHN P. ANTONOPOULOS; Village Attorney
Valerie Smith\MyDocuments\Village\Ordinance Jurisdictional Transfer 127`h and High Road
QUIT CLAIM DEED
GRANTOR,
DUPAGE TOWNSHIP
HIGHWAY DEPARTMENT,
of the Village of Bolingbrook, in
the County of Will, and the State of
Illinois, for and in consideration of
Ten and no/100ths Dollars ($10.00),
CONVEYS and QUIT CLAIMS
to GRANTEE, THE VILLAGE OF LEMONY, A Municipal Corporation, whose address is
418 Main Street, Lemont, Illinois 60439, in the Counties of Cook, Will and DuPage, and State
of Illinois the following described Real Estate:
PARCEL I:
THAT PART OF THE 66 FOOT WIDE TOWNSHIP ROAD KNOWN AS 127Tx
STREET, OF WHICH ITS CENTERLINE IS THE SECTION LINE BETWEEN
SECTION 25 AND SECTION 36, ALL IN TOWNSHIP 37 NORTH, RANGE 10 EAST
OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED ON THE WEST BY THE
EAST RIGHT OF WAY LINE OF THE STATE AID ROUTE 72 AND BOUNDED ON
THE EAST BY THE WEST RIGHT OF WAY LINE OF THE TOWNSHIP ROAD
KNOWN AS SMITH ROAD, ALL IN WILL COUNTY, ILLINOIS.
Permanent Index Number:
Commonly known as: Part of 127t'' Street, Lemont, Illinois 60439
PARCEL 2:
THAT PART OF THE 66 FOOT WIDE TOWNSHIP ROAD, KNOWN AS HIGH
ROAD, LYING IN THAT PART OF THE SOUTHEAST QUARTER OF SECTION 35
AND THAT PART OF THE WEST HALF OF SECTION 36, TOWNSHIP 37 NORTH,
RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN BOUNDED ON THE
SOUTH BY THE MIDDLE LINE OF SECTION 36 AND BOUNDED ON THE
NORTH BY THE SOUTH RIGHT OF WAY LINE OF 127Tx STREET, ALL IN WILL
COUNTY, ILLINOIS.
Permanent Index Number:
Commonly Known as: Part of High Road, Lemont, Illinois 60439
Hereby releasing and waiving all rights under and by virtue of the Homestead Exemption Laws
of the State of Illinois, to have and to hold said property forever. .
Dated: ~~~ .2008
DUPAGE TOWNSHIP HIGHWAY DEPARTMENT
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BY: Richard M. McHale, DuPage Township Highway
Commissioner
STATE OF ILLINOIS )
SS
COUNTY OF ~.`~?/~ ~- )
I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO
HEREBY CERTIFY that RICHARD M. MCHALE, DuPage township Highway Commissioner,
personally known to me to be the same person whose name is subscribed to the foregoing
instrument, appeared before me this day in person, and acknowledged that he signed, sealed and
delivered the said instrument as his free and voluntary act as DuPage Township Highway
Commissioner, for the uses and purposes therein set forth, including the release and waiver of
the right of homestead.
Given under my hand and official seal, this ~~ e~ day of ~~~~~ , 2008.
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NOTARY PUBLIC d
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MAIL DEED AND TAX BILL TO:
The Village of Lemont
418 Main Street
Lemont, IL 60439
THIS INSTRUMENT PREPARED BY:
Matthew Campbell
DYKEMA GOSSETT PLLC
111 North Ottawa Street
Joliet, Illinois 60432
JOLIET\156819.1
ID\CES
-2-
Illinois Department of Transportation
Division of Highways/Region One /District One
201 West Center Court/Schaumburg, Illinois 60196-1096
LOCAL ROADS AND STREETS
Local Agency Agreement for Jurisdictional Transfer
DuPage Township Road District and Village of Lemont
Route: High Road from 127th Street Southerly to 135th Street in its Entirety
Will County
February 28, 2008
Mr. Matthew W. Campbell
Attorney at Law
Dykema Gossett PLLC
111 North Ottawa Street
Joliet, IL 60432
Dear Mr. Campbell:
This is in response to your letter dated February 4, 2008.
Enclosed are six (6) copies of the Local Agency Agreement for Jurisdictional
Transfer of the above-referenced location.
We request that the DuPage Township Road District Highway Commissioner
and the Mayor of the Village of Lemont sign all copies of the Agreement with
original signature and return five (5) copies to this office for final processing.
Also, please attach the following with each copy of the Jurisdictional
Agreement:
^ Map of the above-referenced location; and
^ Signed Municipal Ordinance for addition to the Municipal System; and
^ Signed Township Road District Resolution deleting the above-referenced
location; and
^ Signed Intergovernmental Agreement.
Mr. Matthew W. Campbell
February 28, 2008
Page 2
If you have any questions or need additional information, please contact Temi
Latinwo, Agreement Technician, at (847) 705-4179 or via email at
DOTD 1 BLRS@dot.il.gov.
Very truly yours,
Diane M. O'Keefe, P.E.
Deputy Director of Highways,
Region One Engineer
By:
Christopher J. Holt, P.E.
Bureau Chief of Local Roads and Streets
Enclosures
cc: Richard McHale, DuPage Township Highway Commissioner w/encl.
The Honorable John Piazza, Mayor, Village of Lemont w/encl.
~IL61®LS ~~rt~l ~
®f Tract®rtaii®n
L®cal Agency Agree~en4 f®r
~lurisdictional Transfer
Local A envy No. ~ (Conve or Local Agenc No. 2 (Reci lent
Municipalit Municipalit : Villa e of Lemont
Townshi /Road District: DuPa e Township Township/Road District:
County: Will County: Will
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 127'" Street Route Length KM ( 0.95 miles)
Termini From Smith Road Westerly to New Avenue 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 TovirnshiplRoad 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 upon: IDOT Approval
supplements
Additional information and/or stipulations, if any, are hereby attached and identified below as being a part of this agreement.
Supplement Map and Villaae Ordinance
(Insert supplement numbers or letters and page numbers, if applicable)
IT IS FURTHER AGREED, that the provisions of this agreement shall be binding upon and inure to the benefit of the parties
hereto, their successors and assigns.
APPROVED BY CONVEYOR APPROVED BY RECIPIENT
Name Richard M. McHale Name The Honorable John F. Piazza
Title DuPaae Township Hiahway Commissioner Title Mayor. Villaae of Lemont
Chairman County Board/Mayor/Village President/etc. Chair an C~ Bayor/Village President/etc.
Signature
APPROVED
STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION Bv:
Signature
Director of Highways
Date
Page 1 of 1 BLR 05212 (Rev. 7/05)
Printed on 2/27/2008 2:27:57 PM
Loca9 agency Agree~enf for
Jurisdictional 'Transfer
Local A ency No. ~ (Conve or) Local ,4 ency No. 2 (Recipient
Munici alit Munici alit Villa e of Lemont
Townshi /Road District: DuPa e Road District Townshi /Road District:
Count : Will Count County: Will 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 Hiah Road Route Length KM ( 0.79 miles)
Termini From 127th Street Southerly to 135th Street 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 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 upon: IDOT Approval
Supplements
Additional information and/or stipulations, if any, are hereby attached and identified below as being a part of this agreement.
Supplement Map and Village Ordinance
(Insert supplement numbers or letters and page numbers, if applicable)
IT IS FURTHER AGREED, that the provisions of this agreement shall be binding upon and inure to the benefit of the parties
hereto, their successors and assigns.
APPROVED BY CONVEYOR APPROVED BY RECIPIENT
Name Richard H. McHale Name The Honorable John F. Piazza
Title DuPaae Township Hiahway Commissioner Title Mayor. Village of Lemont
Chairman County Board/Mayor/Village President/etc. Ch an Co ty ayor/Village President/etc.
Signature
APPROVED
STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION BV:
Signature
Director of Highways Date
Page 1 of 1 BLR 05212 (Rev. 7/05)
Printed on 2/27/2008 1:57:03 PM
Illinois Department
of Transportation
Local Agency Agreement for
Jurisdictional Transfer
Local Agenc No. 1 (Conve or) Local A enc No. 2 (Reci lent)
Munici alit : Munici alit : Villa e of Lemont
/Road District: DuPa e Townshi Township/Road District:
Count Will County: Will
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 A Portion of 127t" Street Route Length KM ( miles)
Termini wee attached man and legal d s riotion
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 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 upon: January 28, 2008
Supplements
Additional information and/or stipulations, if any, are hereby attached and identified below as being a part of this agreement.
Supplement
(Insert supplement numbers or letters and page numbers, if applicable)
I'T IS FURTHER AGREED, that the provisions of this agreement shall be binding upon and inure to the benefit of the parties
hereto, their successors and assigns.
APPROVED BY CONVEYOR APPROVED BY RECIPIENT
Name Richard M. McHale Name John F. Piazza
Title DuPaae Township Hiahwav Commissioner Title Village of Lemont - Mayor
Chairmart,Co~artt Board/MayorNillage President/etc. Chairman County Board/Mayor/Village President/etc.
,.
_ -'
Signature ~ °.. `., ~' Signature
APPROVED
STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION BV:
Director of Highways
~~~}¢(148.1
i~ ~oA 1/11/2008 3:49:48 PM
EXHIBIT A
Date
BLR 05212 (Rev. 7/05)
Ilinois Department
of Transportation
Local Agency Agreement for
Jurisdictional Transfer
Local A enc No. 1 (Conve or Local Agency No. 2 (Reci lent
Munici alit : Munici alit : Villa e of Lemont
' /Road District: DuPa e Township Townshi /Road District:
County: Will County: Will
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 A Portion of High Road Route Length KM ( miles)
Termini ...See attached man and legal description
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 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 upon: January 28, 2008
Supplements
Additional information and/or stipulations, if any, are hereby attached and identified below as being a part of this agreement.
Supplement
(Insert supplement numbers or letters and page numbers, if applicable)
IT IS FURTHER AGREED, that the provisions of this agreement shall be binding upon and inure to the benefit of the parties
hereto, their successors and assigns.
APPROVED BY CONVEYOR APPROVED BY RECIPIENT
Name Richard M. McHale Name John F. Piazza
Title DuPaae Township Hiahwav Commissioner Title Village of Lemont - Mayor
C_ hairgnan.>County Board/MayorNillage President/etc. Chairman County Board/Mayor/Village President/etc.
Signatla`re __ ~~ ~ ~~~-~~~~~ Signature
APPROVED
STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION Bv:
Director of Highways
~~~'~¢ ~ 149.1
i~ to41 1/11/2008 3:49:18 PM
EXHIBIT B
Date
BLR 05212 (Rev. 7/05)
INTERGOVERNMENTAL AGREEMENT FOR
TRANSFER OF REAL ESTATE
THIS AGREEMENT, made and entered into on this day set forth next to the
signatures of the parties hereto, by and between the VILLAGE OF LEMONY ("Village") is a
municipal corporation established pursuant to 65 ILCS 5/1-1-1 et seq. and DUPAGE TOWNSHIP
HIGHWAY COMMISSIONER ("Township"), a body politic and corporate established puruuant to
60 ILCS 1/73-5 et seq. referred to as ("Township").
WITNESSETH:
WHEREAS, the Local Governmental Property Transfer Act, 50 ILLS 605.0.01 et
seq., permits the transfer of property from one local government entity to another; and
WHEREAS, the Township owns certain roadways commonly known as 127`" Street
extending from Smith Road at the Township line west to New Avenue (" 127t" Street") and High
Road from 127t" Street South to 135tH Street, hereinafter more particularly described; and
WHEREAS, the Township has limited resources in connection with maintennace of
127t" Street and High Road and has requested the assistance of the Village in maintaining said
roadways so as to continue to benefit both the residents of the Township and the Village; and
WHEREAS, the Village is desirous of upgrading and maintaining the roadways to
facilitate development and growth in the Township and Village; and
WHEREAS, the Township and Village wish to collaborate to meet the needs of the
Village and the Township and have agreed to enter into an Intergovernmental Agreement to transfer
127t" Street and High Road to the Village.
NOW, THEREFORE, in consideration of the foregoing Recitals and the covenants
and conditions hereinafter contained, the adequacy and sufficiency of which the parties hereto hereby
acknowledge; the parties hereby mutually agree as follows:
1. Conve, a~ The Township does hereby grant and convey by quit claim deed "127tH
Street" from Smith Road to New Avenue and High Road from 127tH Street south 0.79 miles
including the right of way and any of its appurtenances and easements, more particularly and legally
described on the attached Exhibit "A".
2. Maintenance. The Village agrees to accept the conveyance of 1271h Street and High
Road as legally described on Exhibit A and will continue to maintain, improve and remain open said
roadways for public use and accept said roadways as a Village owned street and to annex and control
said street as any other municipally owned street located within the Village limits.
3. Execution of Documents. The parties agree to execute any and all documents
necessary to transfer 127"' Street and High Road to the Village and to cooperate and execute any
documents necessary to effectuate the terms and spirit of this agreements.
4. Hold Harmless. The parties agree to hold harmless, indemnify and defend each
other from any and all claims, demands, liabilities, and suits in law or in equity that may arise
from or out of the performance of this Agreement.
5. Binding Effect. This Agreement shall be binding upon and inure to the benefit of
any successor governmental legal entity which may assume and perform the duties of either
party hereto. Notwithstanding the foregoing, this Agreement shall not be assigned by either
party hereto without the prior written consent of the other party to this Agreement.
6. Invalidity of Provisions. The invalidity of any provisions of this Agreement
shall not impair the validity of any other provisions. If any provision of this Agreement is
determined by a court of competent jurisdiction to be unenforceable, that provision severed or as
modified by the court.
7. Entire Agreement. This Agreement sets forth the entire understanding of the
parties, and may only be amended, modified or terminated by a written instrument signed by the
parties.
8. State Law. This Agreement shall be interpreted and construed in accordance
with the laws of the State of Illinois.
9. Notices. All notices hereunder shall be in writing and must be served either
personally or by registered or certified mail to:
a. Village at: Village of Lemont
418 Main Street
Lemont, Illinois 60439
Attn: Village Administrator
b. DuPage Township Highway Commissioner at:
719 Packwood Avenue
Romeoville, Illinois 60446
Attn: Richard M. McHale
c. To such other persons or place which either party hereto by its prior written notice
shall designate for notice to it from the other party hereto.
10. Counterpart Originals. This Agreement is executed in multiple counterparts,
2
each of which shall be deemed to be and shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
day of December, 2007.
VILLAGE OF LEMONY, an Illinois
Municipal Corporation
By:
Attest:
Charlene Smollen, Village Clerk
DUPAGE TOWNSHIP HIGHWAY COMMISSIONER
._..~
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C:/my documents/coleenh~illage/intergovernmental agreement, 12TH' Stl
3
Village of Lemont
418 Main Street Lemont, Illinois 60439
Village of Faith
Mayor
John F. Piazza
Village Clerk
Charlene M. Smollen March 6, 2008.
Trustees
Debby Blatzer
Peter Coules
Clifford Miklos
Brian Reaves
Ronald Stapleton Matthew W. Campbell
Jeanette Virgilio Dykema Gossett PLLC
Administrator 111 North Ottawa Street
Gary C. Holmes Joliet, IL 60432
Re: Jurisdictional Transfer
12Th Street & High Road
Administration
phone (630) 257-1590
DuPage Township -Will County
fax (630) 243-0958
Building Department bear Mr. Campbell:
phone (630) 257-1580
fax (630) 257-1598 We received a copy of correspondence from Christopher Holt at IDOT, which requested
Community Development certain documents from you regarding the above captioned jurisdictional transfer.
phone (630) 257-1595
fax (630) 257-1598 I am forwarding 6 copies with original signatures of the Local Agency Agreements for the
Engineering Department jurisdictional transfer of 127"' Street and High Road, along with photocopies of the
phone (630) 257-2532 Municipal Ordinance and Intergovernmental Agreement.
fax (630) 257-3068
Finance Department I wasn't sure whether you already had the documents or needed the Village of Lemont to
phone (630) 257-1550 provide them. In either case, if you do not need them, please dispose of them. We have
fax (630) 257-1598 not sent these to IDOT.
If we can provide any additional information, please contact me at (630) 257-1590.
Police Department
416 Main Street Sincerely,
phone (630) 257-2229
fax (630) 257-5087
Public Works
16680 New Avenue Rosema Yates
phone (630) 257-2532 , :'Executive ssistant
fax (630) 257-3068 :'
' to the May r
r
www.lemont.il.us~