Resolution 2015-22 Resolution No. 201 RK
5
RESOLUTION OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS
ACCEPTING A RIGHT-OF-WAY FOR HIGHWAY PURPOSES FROM THE
KENDALL COUNTY FOREST PRESERVE DISTRICT AND APPROVING
AN INTERGOVERNMENTAL AGREEMENT
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a duly
organized and validly existing non-home rule municipality created in accordance with the
Constitution of the State of Illinois of 1970 and the laws of the State; and,
WHEREAS, the Kendall County Forest Preserve District(the"District") owns Hoover Drive in
the Hoover, Forest Preserve, which is located adjacent to pavement for Fox Road, located in
Kendall Township as shown on Exhibit A ("the Subject Property"); and
WHEREAS, the City municipal boundaries currently include a portion of Hoover Drive at the
intersection of W. Fox Road; and
WHEREAS, the District is aware that Hoover Drive has not been formally dedicated as a right-
of-way for highway purposes by either the District or its previous owners; and
WHEREAS, the District is willing to dedicate a right-of-way for highway purposes over the
Subject Property to the City for use as "Hoover Road", drawn and legally described in Exhibit B
("Dedication Area"); while the District retains fee simple ownership of said Dedication Area;
and
WHEREAS, the City and the District have determined that the public interest will be served by
Hoover Drive being dedicated as a right-of-way for highway purposes within the City in order to
support the construction of warning devices and railroad crossing safety gates; and
WHEREAS, pursuant to ILCS 805/6 a Forest Preserve District has the power to acquire lands
and grounds to construct, lay out, improve and maintain public roads and also have the power to
grant licenses, easements and rights-of-way to such lands; and
WHEREAS, in accordance with the provisions of the applicable Local Agency Agreement for
Jurisdictional Transfer, the City is to assume jurisdiction of the identified portion of Hoover
(Drive)Road upon execution of said Agreement by all parties.
NOW THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United City
of Yorkville, Kendall County, Illinois, as follows:
1. The foregoing recitals are hereby incorporated into this section as if fully reinstated
herein, and;
2. The City hereby accepts the aforementioned Dedication Area right-of-way for highway
purposes and hereby approves the Intergovernmental Agreement between the United City
Resolution No. 2015- 9 d
Page 1
of Yorkville and the Kendall County Forest Preserve District in the form attached hereto
and made a part hereof;
3. That the Mayor and City Clerk are hereby authorized to execute the aforesaid
Intergovernmental Agreement and to undertake any and all actions necessary to
implement its terms.
ADOPTED this 14 day of November, 2015.
CARLO COLOSIMO y KEN KOCH
JACKIE MILSCHEWSKI LARRY KOT
CHRIS FUNKHOUSER JOEL FRIEDERS
DIANE TEELING SEAVER TARULIS
APPROVED:
"�L�1/j
Mayor
Attest:
City Clerk
Resolution No. 2015- o'�a
Page 2
Exhibit A: Subject Property — Hoover Drive
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., Exhibit B PLAT OF DEDICATION OF
NOTE: This Dedication is a Right—of—Way PART OF THE SOUTHEAST QUARTER OF SECTION 31, T37N—R7E and
for Purposes of a Public street and does PART OF THE NORTHEAST QUARTER OF SECTION 6
not indicate a Fee simple Conveyance of , T36N—R7E, 3rd PM
Land. KENDAIi TOWNSHIP KENDALL COUNTY IWNOIS
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0 oo, db, Area to be Dedicated
1.2619 Acres
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LEGAL DESCRIPTION OF TRACT TO BE DEDICATED:
O That Part of the Southeast Quarter of Section 31,
...III Qa;
Township 37 North,Range 7 East of the Third
Principal Meridion and that Part of the Northeast
(/ Ouarter of Section 6,Township 36 North, Range 7 East. -1
of the Third Principal Meridian, being a 70.0-foot wide
trod lying 35.0 feet each side of and adjoining a
centerline described as follows: Commencing at the < A
Northeast Comer of Fox Glen, Kendall Township,
Kendall County, Illinois'according to the Plot thereof s
3 recorded November 22, 1989 as Document No.896802;
0 thence South 21'41'02'East,along the East Line of
said Fox Glen, 785.41 feet to the centerline of Fox m. 1
Q Rood; thence North 62'59'08'East,along mid
7 centerline, 605.82 fast; thence North 2700'52'West,
35.0 feet to the Northerly Line of said Fox Road for the 17 0 0
Point of beginning of the centerline of said 70.0-foot Q S
wide tract; thence North 2700'52'West, 34.98 feet; p 2
y thence Northerly along a tangential curve to the right G Q
with o radius of 750.0 feel and a chord bearing of North ry T
19'34'52'West, an arc distance of 194.61 feet; thence
North 12'08'51'West,210.66 feet; thence s
Northwesterly along a tangential curve to the left with a
9 radius of 125.0 feet and a chard bearing of North 1 T
g 30'10'50'West, on arc distance of 78.68 feat; thence , 1
v} North 48'12'50°West, 115.60 feet; thence
Northwesterly along a tangential curve to the right with
o radius of 300.0 feet and a chord bearing North
37'49'01'West,on are distance of 108.88 feet; thence
aj North 2725'13'West,41.64 feel to the Southerly
41 Right-of-Way of Illinois Railway, Inc. (formerly the 56
'\ Burlington Northern and Santa Fe,Railroad)for the
terminus of sold centerline(the Southerly extremity of ,e v
mid 70.0-foot wide tract being the North Line of Fox s IT
Road and the Northerly extremity of cold 70.0-foot $s Ss Y
X aN wide tract being the Southerly Right-of-Way of Illinois •O \°., N
• Railway, Inc.); all in Kendall Township, Kendall
County, Illinois.
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State of Illinois )
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County of Kendall
I, Phillip D. Young, an Illinois Professional Land Surveyor and an officer of Phillip D. Young /
antl Associates. Inc., state that I have surveyed the above described tract as shown by the p.pe /
plat herean drawn which is o representation of mid survey. Field work completed July 22, 2015.
This professional service conforms to the current Illinois minimum standard for o boundary survey. Id-
Dated July 27, 2015 at Yorkville,Illinois y,'t• /" O
Phillip D. Young ✓ qj F�
Illinois Professional Land Surveyor No.2678 (Expires 11/30/16)
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Q?:-�wasaeaw�.Lo /
'FOFiii :. JJ`lG
JOB N0. ED6 Young and Associates Inc. 1107{1 South Bridge Street
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JOB NAME EN Phillip D.DALL CO. F.P.D. ! Torim'Ife, Illinois 60560
DWG FILE 15108 LAND SURVEYING — TOPOGRAPHIC MAPPING — Lic. ,84-002775 Telephone (630)553-1580
EXHIBIT A
KCFPD Resolution No. 15-07
KCFPD Intergovernmental Agreement No. 15-07
Hoover Road Dedication
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE KENDALL COUNTY FOREST PRESERVE DISTRICT AND THE
UNITED CITY OF YORKVILLE,ILLINOIS
This Agreement made this 24th day of November,2015 by and between the Kendall
County Forest Preserve District(hereinafter the"District")and the United City of Yorkville,
Kendall County, Illinois(the "City")a municipal corporation of the State of Illinois, is as
follows:
WITNESSETH:
WHEREAS, the District is a body corporate and politic and a unit of local
government within the State of Illinois; and
WHEREAS, the City is a municipal corporation and a unit of local government within
the State of Illinois; and
WHEREAS, the District owns Hoover Drive in the Hoover Forest Preserve which is
adjacent to pavement for Fox Road, located in Kendall Township as shown on Exhibit A
("the Subject Property"); and
WHEREAS,the City's municipal boundaries currently include a portion of Hoover
Drive at the intersection of W.Fox Road; and
WHEREAS,the District wishes to dedicate a right-of-way for highway purposes over
Hoover Drive to the City in order to support the construction of warning devices and railroad
crossing safety gates by Illinois Railway,LLC coordinated by the Illinois Department of
Transportation with support from federal transportation grant funding; and
WHEREAS, the District is aware that Hoover Drive has not been formally dedicated
as a public roadway for use by the public for vehicular travel by the District or previous
owners; and
WHEREAS, intergovernmental agreements between units of local government are
authorized by the Intergovernmental Cooperation Act, 5 ILCS 220/1 et. seq.,Section 10,
Article VII of the 1970 Illinois Constitution,and under 605 ILCS 5/9-101;and
WHEREAS,pursuant to 70 ILCS 805/6,a Forest Preserve District has the power to
grant licenses, easements and rights-of-way for construction,operation and maintenance upon
or across any property of such District of facilities for public service, subject to such terms
and conditions as may be determined by such District; and
WHEREAS,Pursuant to 70 ILCS 805/5, The District may enter into contracts with
local governmental entities for the District to pay any or all costs of improving and
maintaining any roadway lying outside the district property but providing public access to the
lands and facilities of the district; and
WHEREAS, the District is willing to dedicate a right-of-way for highway purposes
over the Subject Property as a right-of-way to the City for"Hoover Road",drawn and legally
described in Exhibit B ("Dedication Area")while the District shall retain its fee simple
ownership of said Dedication Area; and
WHEREAS, the District understands that in conjunction with the dedication of a
right-of-way for highway purposes over a portion of Hoover Road, the City is requesting that
the District fully maintain the road, and indemnify and hold harmless the City in regard to
said maintenance; and
WHEREAS,the City understands and agrees that the District shall retain fee simple
title to the Dedication Area, and that should the City no longer utilize the right-of-way, the
City shall have no right to sell or transfer its interests.
NOW THEREFORE,in consideration of the foregoing premises and in further
consideration of the mutual covenants, conditions and agreements herein contained, the
parties hereby agree as follows:
1. Incorporation of Preambles. The recitals contained in the Preamble hereto are material and
are hereby incorporated as part of this Agreement as if fully restated herein. The parties shall
fully cooperate with each other in carrying out the terms of this Agreement.
2. Dedication. The District shall upon passage of a Resolution approved by 2/3 of the
members of the Kendall County Forest Preserve Commission execute the Plat of Dedication,
which shall dedicate a right-of-way for highway purposes to the City over the Dedication
Area, a copy of which is attached hereto and incorporated herein as Exhibit B
3. Consideration for Dedication. The City shall file the necessary documentation and
cooperate in seeking the approval and installation of active crossing safety gates across the
Hoover Road(currently Hoover Drive)railroad tracks of Illinois Railway,LLC as
consideration for the use of the Dedication Area as a public right-of-way for highway
purposes. Further, in consideration of the safety improvements for the public at large related
to this right-of-way dedication,the District agrees to waive any compensation it would
normally seek for the dedication of said roadway.
4.Maintenance.Pursuant to 70 ILCS 805/5,the District and City hereby agree that the
dedicated right-of-way shall hereinafter be repaired and maintained by the District for such
time as the roadway continues to provide public access to the lands and facilities of the
District.
5. Hours of Entry. The City and District agree that the District shall have the right to close
the Hoover Forest Preserve gates that cross the subject dedicated right-of-way between dusk
and dawn of each day, and in doing so may effectively cordon off the end of the roadway that
lies within the Forest Preserve. Further, it is agreed that the Kendall County Sheriff's Office
shall patrol the closed roadway and Forest Preserve during the time period described above.
6. Miscellaneous.
A. Choice of Law and Venue. This Agreement shall be construed in accordance with the
law and Constitution of the State of Illinois and if any provision is invalid for any
reason such invalidations shall not render invalid other provisions which can be given
effect without the invalid provision. The parties agree that the venue for any legal
proceedings between them shall be the Circuit Court of Kendall County, Illinois,
Twenty-Third Judicial Circuit, State of Illinois.
B. Notices.All notices or other writings which any party hereto is required or permitted
to give in connection with this Agreement shall be in writing and shall be served by
personal delivery,which service shall be effective as of the date of such delivery, or
mailed by registered or certified mail,return receipt requested,with proper postage
prepaid,which service shall be effective two(2)business days after the date of such
mailing,and addressed as follows or to such other person or address as either party
may designate from time to time by written notice given to the other party pursuant
hereto:
i. If to City: United City of Yorkville
Bart Olson, City Administrator
800 Game Farm Road
Yorkville, IL 60560
ii. with a copy to: Kathleen Field Orr
Yorkville City Attorney
800 Game Farm Road
Yorkville, IL 60560
iii. If to District: Kendall County Forest Preserve District
Attn: David Guritz,Director
110 West Madison Street
Yorkville, IL 60560
iv. with a copy to: Eric Weis
Kendall County State's Attorney
807 John Street
Yorkville,IL 60560
C. Severability. If any provisions of this Agreement are held to be invalid, such
provisions shall be deemed to be excised therefrom, and the invalidity thereof shall
not affect any of the other provisions contained herein, which provisions shall be
enforceable to the fullest extent possible.
D. Amendments. The parties agree that this Agreement and all Exhibits attached hereto may
be amended only by the mutual consent of the parties by means of the same procedures
used to adopt this Agreement and authorize its execution in the first instance.
E. Headings. The headings of the paragraphs of this Agreement are for convenience and
reference only and do not form a part hereof and do not modify, interpret or construe
the understandings of the parties hereto.
F. Counterparts. This Agreement may be executed in counterparts(including facsimile
signatures), each of which shall be deemed to be an original and both of which shall
constitute one and the same Agreement.
G. Singular and Plural. Terms used in this Agreement shall be read in the singular or the
plural as may be appropriate to the context in which they are used.
H. Waiver. No waiver by either party of any breach of any term or condition hereof shall
be deemed a waiver of the same or any subsequent breach of the same or any other
term or condition hereof.No term or condition of this Agreement shall be deemed
waived by either party unless waived in writing.
I. Entire Agreement. Except as hereinafter expressly provided, this Agreement
supersedes all prior agreements,negotiations and representations and is a full
integration of the entire Agreement of the parties.
J. Assignment. Neither party shall assign, sublet, sell, or transfer its interest in this
Agreement without the prior written consent of the other.
K. Termination. This Agreement may be terminated only by mutual consent of all of the
parties acknowledged in writing.
L. Relationship.Nothing contained in this Agreement,nor any act of the District or the
City pursuant to this Agreement, shall be deemed or construed by any of the parties
hereto or by third persons, to create any relationship of third party beneficiary,
principal, agent, limited or general partnership,joint venture, or any association or
relationship involving the District or the City.
M. Authority to Execute Agreement. The District and the City each hereby warrant and
represent that their respective signatures set forth below have been and are on the date
of this Agreement duly authorized by all necessary and appropriate governmental
action to execute this Agreement.
N. Indemnity. To the fullest extent authorized by law,the District shall indemnify and
hold harmless the City and its respective past,present and future Council members,
elected officials, insurers,agents, officers,and employees against any and all
liabilities, claims, demands, suits, damages,charges,judgments,costs and expenses
that may arise from any loss, damage,injury, death, or loss or damage to property
(collectively,the"Claims"),to the extent such Claims are due to any negligent or
willful acts of the District in its performance under this Agreement or in their
performance of the road maintenance on Hoover(Drive)Road,Yorkville,Illinois.
O. Remedies. In any action with respect to this Agreement,the Parties are free to pursue
any legal remedies at law or in equity. The prevailing party by 75%or more of
damages sought,in any action brought pursuant to this Agreement, shall be entitled to
reasonable attorneys' fees and court costs arising out of any action or claim to enforce
the provisions of this Agreement. In awarding attorney fees,the Court shall not be
bound by any Court fee schedule, but shall, in the interest of justice, award the full
amount of costs, expenses, and attorney fees paid or incurred in good faith.
P. Breach. In the event of any breach of,or default,under this Agreement, the parties
shall give prompt written notice of such alleged breach or default and the party
receiving such notice shall have thirty(30) days after receipt of such notice to cure
such alleged breach or default,prior to the seeking of any remedy provided for herein,
provided,however, that said thirty(30)day period shall be reasonably extended if the
defaulting party has initiated the cure of said breach of default and is diligently
proceeding therewith. Notwithstanding the above, should the City fail to perform its
obligations as listed in Paragraph 3 above, this agreement shall be rendered void and
all further obligations upon the District herein shall cease.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed all
as of the day and year first above written.
KENDALL COUNTY FOREST PRESERVE DISTRICT
By: 1.dv
eff ehrli, President
Board of Commissioners
Aye: 0%
Nay: 2?
Abstain: o
ATTEST:
Eliz eth Flowers, Secretary
UNITED CITY OF YORKVILLE
By: A, 4111JJW
G Goli ski,Mayor
ATTEST:
Be en,City Clerk
Intergovernmental Agreement #15-07:
Exhibit A: Subject Property — Hoover Drive
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KCFPD Inter overnmental Agreement#15-07:Exhibit B PLAT OF DEDICATION OF
NOTE: This Dedication is a Right-of-Way PART OF THE SOUTHEAST QUARTER OF SECTION 31, T37N—R7E and
for not Purpose indicate s Fee Simple SConveyance of PART OF THE NORTHEAST QUARTER OF SECTION 6, T36N—R7E, 3rd PM
Land. KEN DALL TOWNSHIP KENDALL COUNTY ILLINOIS
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Of Area to be Dedicated
1.2619 Acres
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of"Fox GJ...er
Kendall 7—hip,
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lelnule" LEGAL DESCRIPTION OF TRACT TO BE DEDICATED:
O That Port of the Southeast Quarter of Section 31, - `
Township 37 North, Range 7 East of the Third T
Principal Meridian and that Part of the Northeast JJ 1
Ouarter of Section 6,Township 36 North, Range 7 East
of the Third Principal Meridian, being a 70.0–foot wide Q O
tract lying 35.0 feet each side of and odjoining a
centerline described as follows: Commencing at the
Northeast Comer of 'Fox Glen, Kendall Township,
Kendall County, Illinois'according to the Plat thereof = s m tA
4 recorded November 22, 1969 as Document Na.896802; .1
the South 21'41'02" East, along the East Line of $�
said Fox Glen, 785.41 feet to the centerline of Fox
§F` Rood; thence North 62'59'08" East, along said
centerline, 605.82 feet; thence North 2700'52"West,
35.0 feet to the Northerly Line of said Fox Road for the a C
point of beginning of the centerline of said 70.0–foot p � 'a
wide tract; thence North 2700'52"West, 34.98 feet; o
9 thence Northerly along a tangential curve to the right
with o radius of 750.0 feet and a chord bearing of North ,y
19'34'52 an arc distance of 194.61 feet; thence
North 12'08'51'West, 210.66 feet; thence d i
Northwesterly along a tangential curve to the left with a `
9 radius of 125.0 feet and a chord bearing of North 11 m
30'10'50"West, an arc distance of 78.68 feet; thence 1y111`
North 48'12'50`West, 115.80 feet; thence
Northwesterly along a tangential curve to the right with
o radius of 300.0 feet and a chord bearing North
y 3749'01"West, on arc distance of 108.88 feet; thence
North 27'25'13'West, 41.64 feet to the Southerly y'
"'• Right–of–Way of Illinois Railway. Inc. (formerly the
–t� Burlington Northern and Santa Fe Railroad)for the �.
•t °•L terminus of said centerline (the Southerly extremity of N
said 7u0 of wide tract being the North Line of Fox
Rood and the Northerly extremity of void 70.0–foot
X s n wide tract being the Southerly Right–of–Woy of INnois •_o \P..Y
�. Railway, Inc.); all in Kendall Township, Kendall
County, Illinois.
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State Of Illinois ) \ N
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County of Kendall ) /
I, Phillip 0. Young, an )hinds Professional Land Surveyor and an officer of Phillip D.Young
and Associates, Inc., state that I have surveyed the above described tract as shown by the /
plat hereon drown which is a representation of said survey. Field work completed July 22, 2015.
This professional service conforms to the current Illinois minimum standard for a boundary survey. Q
Dated July 27, 2015 at Yorkville, Illinois as��dp"f• 1Y'+ li�'p/ Ro
Q t r
Phillip D. Young 4/
Illinois Professional Land Surveyor No. 2678 (Expires 11/30/16) fo
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aearcas
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JOB NA 151D5 Phillip D. Young and Associates Inc. 11078 South 8ddge street
JOB NAME KENDALL CO. F.P.D. Yorkville, Illinois 60560
DWG FILE 15,oe LAND SURVEYING - TOPOGRAPHIC MAPPING - Lic. 184-002775 Telephone (630)553-1580