Resolution 2019-02 Resolution No. 2019- p
A RESOLUTION OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS,
APPROVING AN APPLICATION TO OMNI TRAX,INC.FOR A PUBLIC GRADE CROSSING
OVER HOOVER DRIVE AT THE HOOVER DRIVE FOREST PRESERVE
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 connects to Fox Road, being located in Kendall
Township(the"Subject Property"); and,
WHEREAS, on November 24, 2015, the District dedicated a right-of-way for highway
purposes over the Subject Property to the City for use as "Hoover Road", while the District
retained fee simple ownership of said right-of-way; and,
WHEREAS, the City and the District determined that the public interest is served by
Hoover Drive being dedicated as a right-of-way for highway purposes to the City in order to
qualify for a grant to assist with the costs of construction of warning devices and railroad
crossing safety gates over the railroad tracks located on Hoover Road; and,
WHEREAS, in order for Omni TRAX, Inc., the owner of the railroad tracks over Hoover
Road, to proceed with construction of warning devices and crossing safety gates, an application
in the form attached hereto as Exhibit A, must be filed by the City and the District for a new
public grade crossing.
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Section 1. The foregoing recitals are hereby incorporated into this section as if fully
reinstated herein; and,
Resolution No.2019- Qa
Page 1
Section 2. The City hereby approves the Public Grade Crossing Application, in the form
attached hereto, to be filed jointly by the City and the District with Omni TRAX Inc. for the
purposes of constructing warning devices and cross safety gates, it being understood that the
District is responsible for all fees, costs or assessments to be incurred in connection therewith.
Section 3. That the Mayor and City Clerk are hereby authorized to execute the aforesaid
Application and to undertake any and all actions necessary to implement its terms.
Section 4. That this Resolution shall be in full force and effect from and after its passage
and approval as provided by law.
CARLO COLOSIMO `/ KEN KOCH \�
JACKIE MILSCHEWSKI ARDEN JOE PLOCHER
CHRIS FUNKHOUSER JOEL FRIEDERS
SEAVER TARULIS JASON PETERSON
Passed by the Mayor and City Council of the United City of Yorkville, Kendall County,
Illinois this day of 2019.
i
Mayor
Attest:
id'Ra
City Clerk
Resolution No.2019-001
Page 2
APPLICATION PROCESS & INSTRUCTIONS
Telephone(303)398-0400,Fax(866)351-9503
PUBLIC GRADE CROSSING
APPLICATION
It is the Railroad's policy that two existing grade crossings must be removed for one new grade crossing installation to be
approved. INCOMPLETE applications may result in processing delays.Applications submitted without the required fees will
not be processed.
If this application is approved, applicant agrees to reimburse the railroad for any cost incurred by the applicant incident to
installation, maintenance, and/or supervision necessitated by this installation and further agrees to assume all liability for
accidents or injuries which arise as a result of this installation. A non-refundable fee in the amount of$4,000 USD($5,328
CAD)is due with the application. In addition,fees will be assessed pursuant to a written crossing agreement.
(Be sure to list the check number(s)at the bottom of the cover sheet AND application)
Make check(s)payable to:
OmniTRAX Inc.
C/O AR Real Estate Department
252 Clayton Street
Denver,CO 80206
(As information,future payments will also be sent to the address listed above.)
If the submitted application and/or plans require review by an environmental(HAZMAT)or other outside consultants,it will
solely be at the applicant's expense and in addition to the aforementioned fees.
Once an executable Public Grade Crossing agreement is submitted to you, the agreement must be fully negotiated and
executed within one hundred twenty(120)days. Thereafter,the application and materials will be archived and resubmission
(including fees)will be required.
***Canadian residents/businesses,this fee is a taxable supply,please include applicable GST***
PLEASE INITIAL HERE INDICATING YOUR UNDERSTANDING OF THIS POLICY:
CHECK NUMBER(S):
o■
■
o iii
PUBLIC GRADE CROSSING APPLICATION
Telephone(303)398-0400,Fax(866)351-9503
SECTION 1: TO BE COMPLETED FOR ALL CROSSINGS
1. Complete Legal Name of Applicant: 1)Kendall County Forest Preserve District;2)United City of Yorkville
2. Agreement to be in the name of(if different from above):
3. Type of Entity(please mark one): Corporation_LLC_Individual_Municipality X
Partnership—General_Limited_Other
4. If applicable,state/province of incorporation or organization: State of Illinois
5. Federal Tax Identification number(U.S.Leases): _1)36-6006598: 2)36-6006169
6. Mailing Address: 1) 110 W. Madison Street Yorkville, Illinois 60560; 2)800 Game Farm Road Yorkville, Illinois 60560
7. Overnight Delivery Service Address(if different):
8. Contact Person: 1)David Guritz 2)Bart Olson Title: 1) Executive Director; 2)City Administrator
9. Phone No.11 630 ) 553-4131 2)630-553-8537 Fax No.11630 ) 553-4023; 2)N/A
10. Email:_1)kcforest@co.kendall.il.us; bolson(Myorkville.il.us
11. Email Address Where Notices Can be Sent to: kcforest anco.kendall.il.us; bolson anco.kendall.il.us
12. Billing Contact Name,Phone Number,and Address Required:
1)David Gudtz, Executive Director(630)553-4131 110 W. Madison Street Yorkville, IL 60560
2)Bart Olson, City Administrator(630)553-8537 800 Game Farm Road Yorkville, Illinois 60560
13. Type of Road Crossing:
Private Farm Crossing _Private Commercial Crossing _Contractor's Crossing
Pedestrian Overpass X Pedestrian Underpass _Other
X Existing Crossing _New Installation _Relocation
Permanent Use —Temporary Use for Mos. _Reconstruction
14. Crossing will be used to access Hoover Forest Preserve,Yorkville, Illinois
15. Proposed Width of Crossing: Per FHA-IDOT speP, ations(plans developed/submitted by OmniTRAX)
16. Desired Material for Crossing(circle one):Wood Planks/Concrete/Asphalt/Rubber/Other
17. Type of Vehicles to be driven over crossing:
X Passenger Cars _Recreational Vehicles Pickups
_Farm Equipment X Heavy Construction Equipment_Other School buses
18. Approximate number of daily one way trips over the crossing 300 typical (varies seasonally)
19. Name of Owner of Property to be served by crossing Kendall County Forest Preserve District
20. Address if different than above
21. Railroad being crossed: Illinois Railway at Hoover Road,Yorkville, Illinois
22. Milepost(application will not be processed without a MP) 51.59
SWlAofSE114
23. Crossing is located in the: Section 31 Township 37N Range 7E
(Example: SE'/<of NW Y.Section 15,Township 39N,Range 12E)
In/Near the City of Yorkville County Kendall State Illinois
Attach a legal description of your property to be served by the crossing and a property or county map showing the location
of the crossing. Indicate on the map the distance measured along the track between the crossing and fixed objects in the
vicinity(i.e.,bridge,culvert,railroad mile marker,public road).
1
applications-omnitrax public grade crossing
� • I
PUBLIC GRADE CROSSING APPLICATION
Telephone(303)398-0400,Fax(866)351-9503
SECTION 2: TO BE COMPLETED FOR EXISTING CROSSINGS ONLY
Name(s)of previous users of crossing Boy Scouts of America-Chicago Area Council
Crossing is currently covered by Agreement Number N/A
Dated with
SECTION 3: TO BE COMPLETED FOR INSTALLATION OF NEW CROSSINGS ONLY
How the property is currently accessed?
Hoover Road is the only public road entrance to Hoover Forest Preserve.
Why was the access to property not obtained from previous owner?
Unsuccessful previous efforts to negotiate a crossing
Desired crossing will be feet ( )North( )South( )East( )West agreement with Landrail.
Of nearest ( )Public ( )Private road crossing.
Track is in ft.cut/fill Number tracks crossed 1 Track is on: ( )Curve ()4 Straight
Per design specifications submitted to IDOT by OmniTRAX per ICC Order.
SECTION 4:REQUIRED Location:Geographical Coordinates(in decimal degrees)
Latitude 41.63305800 Longitude -88.47526500
By submitting this application for credit, you authorize OmniTRAX or affiliate, to make any inquiries necessary to determine credit
worthiness.You release your banking instruction release details that would assist to determine credit worthiness.
I hereby certify that the information contained herein is complete and accurate.This information has been furnished with the understanding
that it is to be used to determine the amount and conditions of the credit to be extended. Furthermore, I hereby authorize the financial
institutions listed in this credit application to release necessary information to the company for which credit is being applied for in order to
verify the information contained herein. Our terms of sale and service are NET 30 DAYS from the date listed on the invoice. Invoices
that are beyond granted terms will be assessed a late fee of 18%APR(1.5%monthly)additional Terms and Conditions apply.A $20.00
charge will apply for any NSF/Non-Sufficient Checks.
Date: De ember 7,2018 LIST CHECK NUMBER(S):
Signature: �QL
Name Printed: David Guritz/Bart Olson
Title: Executive Director/City Administrator
Phone No.: 630-553-4131 /630-553-8537
BE SURE TO RETURN THE COVER SHEET WITH YOUR APPLICATION
2
applications-omnitrax public grade crossing