Resolution 1995-29 f
N 40b
RESOLUTION NO.: 95-'gag
RESOLUTION AUTHORIZING THE MAYOR OF THE
UNITED CITY OF THE VILLAGE OF YORKVILLE TO ENTER
INTO A SUBORDINATION AGREEMENT WITH THE ILLINOIS
DEPARTMENT OF TRANSPORTATION
WHEREAS, the Mayor and the City Council of the United City of the Village of
Yorkville deem it to be in the best interest of the City and the Community to enter into a
Subordination Agreement with the Illinois Department of Transportation for certain improvements
at the intersection of Illinois State Route 47 and Fox Street; and
WHEREAS, the Mayor and the City Council of the United City of the Village of
Yorkville have carefully considered said Agreement, and deem it to be acceptable to the City;
THEREFORE BE IT RESOLVED by the United City of the Village of Yorkville:
1. The City authorizes the Mayor to enter into a Subordination Agreement for certain
improvements to Illinois Route 47 and Fox Street and approves said Subordination Agreement.
PASSED AND APPROVED this ( 4�ay of 1995.
MAY
ATTEST:
P(
CITY CLERK
JOB NO. R-93-022
PAGE 1 OF 3
STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION
SUBORDINATION OF SURFACE RIGHTS FOR PUBLIC ROAD PURPOSES
KNOW ALL MEN BY THESE PRESENTS, That the Grantor, VILLAGE OF YORKVILLE, of the
county of Kendall and state of Illinois, for and in consideration of the sum of ONE AND NO/100
DOLLARS ($1 .00) in hand paid by the state of Illinois, acting by and through the Department of
Transportation, or on its behalf, the receipt of which is hereby acknowledged, do hereby
subordinate unto the People of the state of Illinois, its interest which has been acquired in,
through, or by easement or easements dated and filed in the Recorder's Office of Kendall
County, Illinois, as follows:
PARCEL DATE OF DATE OF
'UMBER EASEMENT RECORDING RECORDATION DATA
3KL0002 08/05/37 07/25/51 Book 109, Page 161
3KL0003 04/14/88 04/20/88 Document No. 88-1708
3KL0003 01/17/88 06/28/89 Document No. 89-3554
to the paramount right of the state of Illinois to construct, reconstruct, operate, maintain, and
control access to F.A.P. 326 (Illinois Route 47), on the following land as shown on the
attached plat in Kendall County and state of Illinois.
PAGE 2 OF 3 "NO. R-93-022-94
Any alteration and/or relocation of said Grantor's facilities now or hereinafter made within or
adjacent to the aforesaid described land, which is required by order of the state in connection
with any exercise by the state of its right hereunder shall be performed by the Grantor, but the
Grantee shall reimburse the Grantor for the actual reasonable cost of such performance.
This subordination of the Grantor's easement or easements shall be effective only as to such
air and surface rights and to such distances below the surface as may reasonably be required
to construct, reconstruct, operate, and maintain said highway to insure adequate and sufficient
lateral and vertical support thereof, and that otherwise this subordination shall in no way affect
or impair the rights of the Grantor, its successors or assigns, under and by virtue of said
easement or easements, including, but not limited to, the right to construct additional facilities
under, over and across said highway, provided that the construction of any future facility
under, over and across said highway shall be performed in such a manner as not to interfere
with or impair the use of said highway and shall conform to reasonable rules and regulations as
to such construction as may be promulgated by Federal or State authorities.
IN WITNESS WHEREOF, the Grantor(s) (has have) hereunto set (his her their) -iand(s) and
seal(s) this day of r�zz,, 1990.
C���! 4/
VILLAGE OF YOa LE
PAGE 3 OF 3 "NO. R-93-022-94
STATE OF )
1 SS.
COUNTY OF )
I, a Notary Public in and for said county in
the state aforesaid, do hereby certify that
and personally
known to me to be and
respectively of VILLAGE OF YORKVILLE, a corporation, and also
known to me to be the persons whose names are subscribed to the foregoing instrument,
appeared before me this day in person and acknowledged that as such
and , respectively, they signed, sealed, and
Slivered the said instrument as the free and voluntary act of said corporation, for the uses and
purposes therein set forth, and that they were duly authorized to execute the same by the
Board of Directors of said Corporation.
Given under my hand and notarial seal this day of
A.D., 1994.
NOTARY PUBLIC
My Commission Expires:
8014