Resolution 2014-35 RESOLUTION X14- 36
WHEREAS, the United City of Yorkville is located in the county of Kendall, state of Illinois, wishes to allow construction of a
commercial entrance onto IL 47 which by law comes under the jurisdiction and control of the Department of Transportation of
the state of Illinois, and
WHEREAS, a permit from said department is required before said work can be legally undertaken by said United City of
Yorkville; now
THEREFORE, be it resolved by the United City of Yorkville, county of Kendall, state of Illinois.
FIRST: That we do hereby request from the Department of Transportation, state of Illinois, a permit authorizing the United City
of Yorkville to proceed with the work herein described and as shown on enclosed detailed plans.
SECOND: Upon completion of the commercial entrance by the developer and acceptance by the city,the city guarantees that
all work has been performed in accordance with the conditions of the permit to be granted by the Department of Transportation
of the state of Illinois.
Further, the city will hold the state of Illinois harmless for any damages that may occur to persons or property during such work.
The city will require the developer to obtain a bond and a comprehensive general liability insurance policy in acceptable
amounts and will require the developer to add the State of Illinois as an additional insured on both policies.
THIRD: That we hereby state that the proposed work)is not, (delete one)to be performed by the employees of the United
City of Yorkville.
FOURTH: That the proper officers of the United City of Yorkville are hereby instructed and authorized to sign said permit in
behalf of the United City of Yorkville.
I, 861-14 hereby certify the above to be a
City Clerk
true copy of the resolution passed by the City Council of the United City of Yorkville, county of Kendall, State of Illinois.
Dated this a5� day of A/OVISinMs; A.D. 2014
(Signature)
(CORPORATE SEAL) .
RESOLUTION =
l8ina�s Departrnct
t�f Transportation Highway Permit
L-13492 District Serial No.
Whereas, I (We) United City of Yorkville/Kendall Crossing PUD
_c/o RB&Associates 4 W Main Street--Suite 201
(Name of Applicant) (Mailing Address)
Plano iL 60545 hereinafter termed the Applicant,
(city) (State)
request permission and authority to do certain work herein described on the right-of-way of the State Highway
known as IL Route 47 ,Section
from Station to Station
Kendall County.The work is described in detail on the attached plan or sketch and/or as follows:
LOCATED NORTH OF US 34
Upon approval this permit authorizes the applicant to locate,construct, operate and maintain at the above mentioned
location, a right-in/right-out commercial entrance and other related improvements as shown on the attached plans which
become a part hereof.
The applicant shall notify Steve Niemann, Field Engineer, Phone: 815-942-0351 or the District Permit Section, Phone:
815-434-8490 twenty-four hours in advance of starting any work covered by this permit.
The state right of way shall be left in good condition. (No advertising matter shall be placed on the state right of way).
The petitioner, their successors, or assigns, shall maintain that portion of the driveway on state right of way in such a
manner satisfactory to the department, otherwise the department will maintain the shoulders included in the entrance
driveways to the same standard that exists on adjacent shoulders, and if necessary, such areas will be restored to the
original cross section and earth shoulders.
(SEE ATTACHED SPECIAL PROVISIONS)
All work authorized by this permit shall be completed 180 days after the date this permit is approved,
otherwise the permit becomes null and void.
This permit is subject to the conditions and restrictions printed on the reverse side of this sheet.
*Castle Bank,a&Mon of Fiat Natkmai Bank of Oman
This permit is hereby accepted and its provisions agreed to this - of
Cas e a ` as,,Tr s't�
Witness Signed B
sr A�v s o r A plicant ,'
rus ervices l
Mailing Address Mailing Address
City State city State
SIGN AND RETURN TO: Regional Engineer
Approved this day of
Department of Transportation
BY:
Deputy Director of highways,Regional Engineer
Printed 1017!2014 OPER 1045(Rev,08/07)
SPECIAL PROVISIONS
All turf areas which are disturbed during the course of this work shall be restored to the original line and grade and be promptly
seeded in accordance with Standard State Specifications.
Whenever any of the work ender this permit involves any obstruction or hazard to the free flow of traffic in the normal traffic
lanes, plans for the proposed method of traffic control must be submitted to and approved by the Regional Engineer at least 72
hours, and preferably longer, before the start of work.
All traffic control shall be in accordance with the State of Illinois Manual of Uniform Traffic Control Devices and amendments
thereof. It should be noted that standards and typical placement of devices shown in the Uniform Manual are minimums. Many
locations may require additional or supplemental devices.
The petitioner agrees to furnish the necessary barricades, lights, and flagmen for the protection of traffic.
Traffic shall be maintained at all times.
The applicant agrees to notify the Department of Transportation upon completion of work covered under the terms and
conditions of this permit so that a final inspection and acceptance can be made.
To avoid any revisions to the work completed under the highway permit, the applicant should insure the conditions and
restrictions of this permit,the applicable supplemental permit specifications and permit drawing are fully understood.
If this permit work is contracted out, it will be the responsibility of the applicant to furnish the contractor with a copy of this
highway permit, as the applicant will be responsible for the contractor's work.
A copy of approved permit shall be present on job site at all times the work is in progress.
The department reserves the right to reject or accept any contractor hired by the applicant.
To ensure the fulfillment of the obligations assumed by the applicant,this permit is bonded by the
in the amount of fifteen thousand ($15,000.00)dollars for a period of five years after the date
of approval.
No person,firm, corporation or institution, public or private, shall discharge or empty any type of sewage, including the effluent
from septic tanks or other sewage treatment devices, or any other domestic, commercial or industrial waste, or any putrescible
liquids, or cause the same to be discharged or emptied in any manner into open ditches along any public street or highway, or
into any drain or drainage structure installed solely for street or highway drainage purposes.
All excavations shall be promptly backfilled,thoroughly tamped and any excess material removed from the state right of way
(including rock exposed during backfilling operations). Mounding or crowning of backfill will not be permitted.
All material or equipment stored along the highway shall be placed as remote as practical from the edge of pavement in a
manner to minimize its being a hazard to errant vehicles or an obstacle to highway maintenance. If material is to be stored on
the highway right of way for more than two weeks prior to installation,written approval must be obtained from the department.
EXCULPATORY RIDER
This instrument is executed by Castle Bank, a division of First National Bank of Omaha, as
Trustee under the provisions of a Trust Agreement dated 10,11,19019 and known as Trust
No, 9849 and not personally, but solely as Trustee aforesaid, in the exercise of the power
and authority conferred upon and vested in it as such Trustee. This instrument is executed and
delivered by the Trust solely in the exercise of the powers expressly conferred upon the Trustee
under the Trust and upon the written direction of the beneficiaries and/or holders of the power
of direction of said Trust and Castle Bank, a division of First National Bank of Omaha, warrants
that it possesses full power and authority to execute this instrument. It is expressly understood
and agreed by and between the parties hereto, anything herein to the contrary notwithstanding,
that each and all of the representations, warranties, covenants, undertakings and agreements
herein made on the part of the trustee while in form purporting to be the said representations,
warranties, covenants, undertakings and agreements of said Trustee are each and every one of
them not made with the intention of binding Castle Bank, a division of First National Bank of
Omaha, in its individual capacity, but are made and intended solely for the purpose of binding
only that portion of the Trust Property specifically described herein. No personal liability or
personal responsibility is assumed by or nor shall at any time be asserted or enforceable against
Castle Bank, a division of First National Bank of Omaha, on account of any representations,
warranties, (including but not limited to any representations and/or warranties in regards to
potential and/or existent Hazardous Waste) covenants, undertakings and agreements contained
in the instrument, (including but not limited to any indebtedness accruing plus interest
hereunder) either express or implied or arising in any way out of the transaction in connection
with which this instrument is executed, all such personal liability or responsibility, if any, being
expressly waived and released, and any liability (including any and all liability for any violation
under the Federal and/or state Environmental or Hazardous Waste laws) hereunder being
specifically limited to the Trust assets, if any, securing this instrument. Any provision of this
instrument referring to a right of any person to be indemnified or held harmless, or reimbursed
by the Trustee for any costs, claims, losses, fines, penalties, damages, costs of any nature
including attorney's fees and expenses, arising in any way out of the execution of this instrument
or in connection thereto are expressly waived and released by all par-ties to and parties claiming,
under this instrument. Any person claiming or any provision of this instrument referring to a
right to be held harmless, indemnified or reimbursed for any and all costs,losses and expenses of
any nature, in connection with the execution of this instrument, shall be construed as only a
right of redemption out of the assets of the Trust. Notwithstanding anything in this instrument
contained, in the event of any conflict between the body of this exoneration and the body of this
instrument, the provisions of this paragraph shall control. Trustee being fully exempted; nothing
herein contained shall limit the right of any party to enforce the personal liability of any other
party to this instrument.
J:J.and Inist-Fvrms1,1.xa41pa(ory Rider 9-30-10.doc