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HomeMy WebLinkAboutRESOLUTION - 88-85 - 11/12/1985 - INTERAGENCY AGRMT/COOK CTY/ROSELLE/IDOT RESOLUTION NO. 88-85 A RESOLUTION AUTHORIZING AN INTERAGENCY AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE, COOK COUNTY, ROSELLE AND IDOT FOR RIGHT OF WAY ACQUISITION FOR THE NERGE ROAD FAUS PROJECT NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois: Section 1 : That the Village President be and is hereby authorized to sign the attached documents marked: AGREEMENT FOR RIGHT OF WAY ACQUISITION FEDERAL PROJECT M-6003 (545) Nerge Road (Roselle Road to Meacham Road) a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said documents upon the signature of the Village President. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this 12th day of Ncwamher 1985• APPROVED this 12th day of November 1985• Charles J. Zettek Village President ATTEST: Patricia S . Smith Village Clerk A G R E E M E N T FOR RIGHT OF WAY ACQUISITION Federal Project M-6003(545) Nerge Road (Roselle Road To Meacham Road) THIS AGREEMENT is entered into this _ day of A.D. , 19_, by and between the STATE OF ILLINOIS, acting by and through its DEPARTMENT OF TRANSPORTATION, hereinafter called the STATE, the COUNTY OF COOK of the State of Illinois, hereinafter called the COUNTY, and the VILLAGES OF ELK GROVE VILLAGE AND ROSELLE, acting through their PRESIDENTS AND BOARDS OF TRUSTEES, hereinafter called ELK GROVE- and ROSELLE. W I T N E S S E T H WHEREAS, the parties hereto, in order to facilitate the free flow of traffic and insure safety to the motoring public, are desirous of widening and otherwise improving approximately 1. 7 miles of Nerge Road (FAU Route 1346) from Roselle Road to Meacham Road, COUNTY Section 82-A9011-02-RP, Federal Project M-6003(545) (STATE Job No. R-89-001-86) (for right of way acquisition) , herein- after called the PROJECT; and WHEREAS, the COUNTY has heretofore agreed to provide or cause to be pro- vided the Preliminary Engineering and to receive bids, award the construction contract and provide the Construction Engineering for the PROJECT, and the parties hereto will enter into separate Joint Agreements covering the engineer- ing, construction and subsequent maintenance of the completed PROJECT; and WHEREAS, before the PROJECT can be constructed, additional right of way must be acquired; and WHEREAS, the Northwest Municipal Conference has approved the use of Federal funds to pay a portion of the cost of said right of way acquisition; and WHEREAS, before said right of way is `acquired ROSELLE and the COUNTY, in the interest of expediting said acquisition, are desirous of transferring the jurisdiction of a portion of Nerge Road from ROSELLE to the COUNTY; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree that upon execution of this Agreement by all of said parties: 1. The COUNTY agrees to assume the jurisdiction (not maintenance) of Nerge Road between Roselle Road and Plum Grove Road, and shall take action to pass the resolution necessary to add said portion to the County Highway System. Upon approval of said resolution by the STATE, the COUNTY will assume jurisdiction of said portion of Nerge Road. A. ROSELLE shall continue to maintain the roadway until construction work begins, at which time the COUNTY'S contractor shall assume the maintenance responsibility. B. ROSELLE shall continue to regulate curb openings and to issue driveway and utility permits along the route until such time that the COUNTY assumes maintenance and control thereof upon completion of the PROJECT. C. The STATE shall prepare the aforementioned separate agreement covering construction of the PROJECT and include therein the procedures to be followed in transferring said maintenance and control. D. ROSELLE shall continue to enforce traffic regulations along the route. -2- E. In the event the contract for construction of the PROJECT is not awarded by January 1, 1988, ROSELLE agrees to re-assume the jurisdiction of Nerge Road between Roselle Road and Plum Grove Road, and the COUNTY shall take the necessary action to remove said portion from the County Highway System by County Hoard Resolution. 2. The COUNTY shall prepare or cause to be prepared right of way plats and legal descriptions of all fee acquisitions, condem- nations, easements, dedications and construction permits to be acquired, and shall record and register all instruments of con- veyance (except temporary construction permits) , all in accor- dance with the applicable portions of the COUNTY'S Procedure Memorandum 7.6.18 (revised July 20, 1977) , a copy of which is attached hereto as "Exhibit A", subject to the following revisions and additions thereto: A. The following is added to Article A-1: "A cover sheet conforming to Exhibit 1.02-2A of the STATE'S "Land Acquisition Manual" shall be included as Sheet Number 1 of the Right-Of-Way Plans". The parties hereto further agree that upon the aforementioned transfer of jurisdiction of Nerge Road, and upon notification by the STATE that Federal funds have been authorized for the right of way acquisition: 3. ELK GROVE shall obtain or cause to be obtained, in the name of, and at the expense of, the County of Cook (subject to partial reimbursement as hereinafter stipulated) , the necessary right of way (including all temporary and permanent easements) for the -3- PROJECT in accordance with Section 5 of this Agreement, the applicable portions of the COUNTY'S Procedure Memorandum 7.6. 18 ("Exhibit A") and the following additional requirements: A. Said right of way shall be acquired in accordance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. The requirements of said Titles II and III shall be carried out in accordance with established STATE Land Acquisition Policies and Pro- cedures, as now or hereinafter revised or amended. B. All deeds, permanent easements and dedications shall be conveyances "For Use by the Public for Highway Purposes", in the COUNTY'S name, and must be recorded. All acquisition agreements shall be approved by the COUNTY. C. Title approval shall be provided by the COUNTY in accordance with normal COUNTY procedures. In the event any of said acquisitions are by condemnation, then such action shall be brought by the COUNTY in its own name. D. The acquisition costs for said right of way shall include the purchase price thereof as well as the cost of negotiators, appraisals, Commitments for Title Insurance, Torrens Certificates (where applicable) , recording fees, relocation assistance and payments, property management and such legal service as may be necessary to acquire said right of way. E. All appraisers utilized by ELK GROVE for this PROJECT shall either be included in the COUNTY-approval list, -4- or be approved by the COUNTY, and are subject to the approval of the STATE. Appraisal forms used shall be in accordance with Article 2.02 of the STATE'S "Land Acquisition Manual". Five (5) copies of each appraisal received by ELK GROVE shall be submitted to the COUNTY for review and approval of a negotiating figure. After each appraisal is reviewed and a negotiating figure approved by the COUNTY, two (2) copies of the appraisal shall be submitted directly to the STATE'S Central Bureau of Land Acquisition for review and submittal to the Federal Highway Administration, with a copy of the letter of transmittal forwarded to the District Engineer's office. At any time following this sub- mittal ELK GROVE may initiate negotiations for the purchase of the parcel involved. F. If necessary, relocation assistance and payments shall be provided for all individuals, families and businesses displaced by reason of the construction of the PROJECT, in accordance with established State Re- location Assistance Procedures. Any phase of the State's Relocation Assistance Procedures to be per- formed by any qualified agency other than the STATE shall be covered by separate contractual agreement or agreements with said agency and are subject to prior approval of the Federal Highway Administration. G. Management of said right of way, including but not limited to rental or disposal of improvements located thereon, pending its use for the PROJECT or any part thereof, shall be in accordance with STATE Property -5- Management Procedures. The COUNTY, by virtue of its participation in the cost of the right of way, shall receive a credit for a proportionate'amount of the proceeds of any sale or rental of improvements acquired within said right of way, or as a direct result of the right of way acquisition. H. Prior to the COUNTY advertising for the construction work to be performed on the PROJECT, ELK GROVE shall certify to the COUNTY that all necessary right of way has been acquired, paid for and vacated, and all requirements of Titles- II and III of the aforementioned Uniform Act have been complied with. The COUNTY in turn, shall certify to the STATE that ELK GROVE has complied with said requirements. The COUNTY will advertise for bids after these certifications by ELK GROVE and the COUNTY have been accepted subject to approval by the Division Administrator of the Federal Highway Administration. I. The STATE and the COUNTY shall provide such guidance, assistance and supervision, and monitor and perform audits, to the extent necessary to assure validity of the certification, by ELK GROVE, of compliance with the requirements of Titles II and III of the aforesaid Act. J. All right of way costs which are later determined to be ineligible for Federal participation due to cited deficiencies in some facet of the acquisition process shall be borne 100% by the COUNTY. -6- 4. The COUNTY has appropriated, or shall appropriate, such funds as are necessary to pay the cost of the right of way acquisition for the PROJECT, and shall keep complete and accurate records of these costs. S. The parties hereto mutually agree that the estimated cost of the right of way acquisition for the PROJECT is $100,000.00, and that the division of said costs shall be as follows: COUNTY . . . . . . . . 29.79% FEDERAL. . . . . . . . 70.21% 6. The COUNTY agrees to pay the cost of acquiring the necessary right of way for the PROJECT, subject to partial reimbursement of said cost by the Federal Highway Administration, through the STATE, as hereinafter stipulated. A. ELK GROVE shall present all bills forrightof way acquisition to the COUNTY, upon which the COUNTY, after ascertaining that each bill is in the proper form and for the correct amount, shall promptly make payment. B. The STATE shall reimburse the COUNTY for the Federal share of said cost in accordance with current billing procedures established for Federal—Aid projects. - 7. ELK GROVE and the COUNTY agree to maintain all records pertaining to the right of way acquisition, and to make them available for review and/or audit by STATE and Federal personnel, for a period of three (3) years after final acceptance of the PROJECT. THIS AGREEMENT shall be binding upon and inure to the benefits of the parties hereto, their successors and assigns. —7— •ATTEST: VILLAGE OF ELK GROVE VILLAGE By VILLAGE CLERK PRESIDENT S E A L ATTEST: VILLAGE OF ROSELLE By VILLAGE CLERK PRESIDENT S E A L ATTEST: APPROVED AS TO FORM: RICHARD M. DALEY, STATE'S ATTORNEY ATTORNEY FOR COOK COUNTY COUNTY CLERK By ASSISTANT STATE'S ATTORNEY COUNTY OF COOK By PRESIDENT, BOARD OF COUNTY COMMISSIONERS Recommended for Execution: By SUPERINTENDENT OF HIGHWAYS STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION By DIRECTOR OF HIGHWAYS Date 19 -8' COOK COUNTY HIGII-AY DEPART,=%E RIGHT-OF-WAY BUREAU RIGHT-CF-.WAY ENGINEERING REQUIREMENTS FOR JOINT VE::TURE AGREEM= QTS THE COUNTY CF COCK AND MUNICIPALITIES PROCEDU?i =MCRANDLN 7. 6. The municipality shall prepare or cause to be prepared Right- ' of Way aG:'_isiticri plats Or Plats Of Dedication, ?zsenert plats , area talc-ulaticns and legal descriotiors for all land ac=uisiti0^.s - invOlved in _-e =rczczed improvement and acauired by the .'Iunicipal- ity, hereinafter outlined to =eet the County requirements . ? . RIGHT-C?-WAY ?�%,s 1. Right-o`-:.ay plats are to be prepared on 22 "x36" linen sheets , drawn in Irdia ink and s_itz_le for recording with the Cook County :eccrder of Leeds and the Recistrar of Titles Office (Torrens ) if a plat is to be recorded in Tcrrer.s as well as With the Cock Ceu.^.ty Recorder of feeds it is reccn7endec that t•.:o oricinal plats be prepared: Cne to be filed with the Torrens Oi_ice (whit:: t ev Will retain) and one to oe filed with the County 3eoc__ers Of .ice and returned to the :Iunicipali`: , Wit: a duplioaze ^f the recorded original _`ur-is:.ed to the Cook C^ n _ EI .."Tay =etezt.-ment. It shall be the respcnsi_il_t7 of tae .''u^.iccpaii-_ to mreperly record t. e of-l• ay plats in accordance With Cha?ter 119 , Section 9 (as anended Oct. 1 , 1976) of the Iili.^.cis revise= Statutes . Before the R/W vlar. is recorded , it shzil be sub^itttd to t;e Cock Coi;nty t10A•.:'v _eoartnent for review. :f the p•iat meets R/`. Bureau recuirene:as it will then be stain-zed "Approved for Recording" and signed by the Chief of the R/W Bureau. 2. Existing Subdivisions s, a11 be Blotted and identified on the Right-o!-?gay plat as they are recorded in t=e Cook Count•i ?ecorder' s Office and/or the Registrar of Titles Office (Torrens) . 3. The exist-.-c RiSht-o`_-Way _`or _pad and streets is to be plotted, di-ersioned and docu-ented . 4. Sec tior. lines shall be identified , for era-.pie : the S. lire SI�'; Section-22-26113 =ast of the 3rd P.M. This abbreviated for means the South line Of the Sout`.w6st 2uarter of Sectior 22 , nnmshin 3i North, Range 13 East of the Third Fri..^.cipal }:eridiar.. RECD, FR. BUIL MAY 4 1984 _2_ 5. The proposed acquisition line is to be plotted and dimensioned as required by the proposed design. The proposed acquisition line shall be tied nt� existing land lines and/or points such as secticn lines or section corners , lot lines , acreage lines , etc. , in order that crcper leczl descripticns may be prepared. All dinansions used in the legal descriptions must be shown on Eight-cf-Wav plat. 6. The following Saforaation is -to be added to the Right-of-Way plat for each tract (`-efcre recording) in the fora of an acquisition su.•aary: a. Tract number b. Docr.-.ent number and regarding date of the instrurent of ccnveyence c. If conderined, the case nurser and the date of the Judgement Order. 7. The following information is required in the title block: a. ^ne name Of tte iaprove-ent and its , faits b. The designation "Plat o`_ . roperty acquired for Highway purposes" c. The identification of any surveys used for the Right-c_-ttay plat layout. d. The Cook County Highway section run-ter, State of Illinois Section nu.-,ber and F.A.U. S. identification nu.::er, etc. e. The sheet T,umper and total sheet number. f. The appropriate munici=al aporovel signatures . S. The North ar=ea and bar scale both in feet and retric shall be placed near the title block. " 9. The center line of construction is required cn the Right-of-Way plat. Also the stationing and curve data, pert alin ine to the center lime. 10. All property lines are to be identified cn `.e ?icht' of-Way plat for each holding or ownership. The a_`,t;re- viation P .L. may be used. 11. P.11 revisions must be shown and dated in the revision block (to be removed before recording) . pRp, FL gpp, MAY 4 1984 3- B. PLAT OF DEDICATION 1. The heading to be used on .' e plat is "PLAT OF DEDICATIO:i FCR A PUBLIC ROAD. " (Two linen originals are recorziended, see paragraph A. 1. ) . 2. The plat will indicate the existing Right-cf-::ay proper sector, lines end the ?ic^s-o:-; av to he de- dicated will be identified as "::ere:y 3edicated. " 3. The legal -description of the dedicaticn - is affixed to the piat below the heading. 4 . The following acknowledgements are required: a. Acknowledgements are required by the Ciilage or City for -roper approval and acceptance. b. Approval by the Superintendent of Highways , County of Cook. c. 'SL, certification d.- C:-e-s amknc•.J1ed=event certifying cumership and dedication of mrooerty in cuestien. e. Ackncowledaenent for :*eta--I Public, ing signatures of o niers . S. The following information is to be included on the plat. a. Name of romd iircrovement and 1-sits. b. Plat nunber e. Section u- er (County) 6. Plats of Cedication shall aiso be recorded by the Munici. ality - accorZalce with C.;alter 10:' , !:eCticn 9 (as anended October 1, 1976) of the Illinois ?e- wised Statutes. 7. The Executed Plat of Dedicaticn shall also be sub- mitted to the Cock County_ Pic_-way Decant_:er.t for re- view. the -tat meets R/'s Bureau recti-e-er.ts it will `hen _d star...ed "Ac rovec ----r Recerdi and signed by t`e Chief of the R/w Bureau. REM, RL OR MAY 4 7984 -4- C. PLATS OF EASE`—T.IT 1. The Easenent plat is sinilar to the Right-of-Way plat inas-:uc5 as ' 4t is drawn in ink on linen (22"x19" or 22"x36") illustrating all existing streets , alleys , subdivisig ons and F ht-of-wav Der.'.^ .^. .et to .-e area in question. Gnl4he the 3i-^t-o'-t:av D1at , a legal description of the Easement is to be affixed to t- e plat itself. .The area of the Easement shall be Dl-ace= irramediately below the legal. (Two linen oricinai s are rec4-^ended, see paracra.h A.. 1) . Plats of Permanent Easement for Eichway purposes will also be accented for additicnal R/IR A.c�ulsiticn. The procedure is the sane as that for Plats of �edicaticn. 2. - Plats of Easement are to be oreDared for oceratinc railroad crossings within the limits of the imorcve- cen t, (it r..av be necessary at certain tines to Pre- pare Plats of Easement for utility crossings) which are to be rade Dart of anv agreements with affected Railroads and/or Utilities. 3. T`.e title block identification for a Plat of Easement , sha.11 include the following : a: Plat of Easement b. The name of the inzrov=_^ert, and the pare of the o:•'ner e- Cook County I?icl aa7 Depart.nent secticn nu-_`er, State of Illinois section nu.:.ber and F.A.U.S . identification nu"ber etc. d. Sheet nit ber e. The apprtp r ate Municipality approval sicr.at•u==_ PrRM:TS 1. The right to enter upon property outside the areas of permanent acquisiticrs r.av be necessary for ccn- st:vction turtcses and should be handled in the following =anger: a. The cons tr ction permit is plotted on the Ri#t-of-;:ay plat in pencil. b. A legal Description for the Cerstr_cticn Permit is prepared on Sit"xl' white Send Paper. READ. FA. BUR, MAY 4 1984 -5-. c. The duration of the Construction Permit , start- ing from the time the contract is awarded for the improvement, is required in letter foz'n. d. The area of the Construction Pernit is shown in the ownership box affixed to t..*.e Right-cf- way Plat. e. All temporary Construction Permit inforraticn is to be removed from the R/W plat before recording. E. L'GAL DESC3_P':Z0.:5 Primarily there are four acceptable tvpes of Lecal ^escri_- tions used either in individual or cc=pcsite form, to des- crite property ac;uisitiens. 1. Metes and 'Bounds - a. Literally the tem- "metes and bounds" means the rneasurenents and boundaries of a tract of land. This type of description consists of becinninc at some point on the boundary of the tract to �a descried and then reciting the courses (that is , the directions) and the distances _rcn point -to point entirely around the tract. b. Two things are of prime importance in a metes and bounds description. First , the descri, ion 7-sm begin at some known point t`:at can be -eadi1v i ea- tified that is, it ;rust be of substantial character and so establisred and witnessed that the marker or non_-,ent car be relocated with certainty . Second, the description must close ; ..`.at is , if the courses and distances of the description are followed step .by step from corner to corner, one must cone back to the place of beginning . 2. Land a. A "Land Description" is one based on the Government Surveys and is generally used to describe large tracts that have a regular s'ape. Such descriptions may take any one of three fc_:.s , -anely (.a) fraction- al , as for exarple, "Last half of the NOrt`.east Quarter, " or (B) acreage , as for exarple , ;ast 80 acres o. the Northeast Quarter , or (C) linear measurepents , as for exa-p-e , 'East 20 chains of the Northeast Quarter. RL 80R MAY 4 1984 3. Reference a. Property described as a unit of a recorded plat as, e.g. , "Lot 1 in Block 1 im Jones Subdivision of the Southwest Quarter of Section 1 , in Tctirnship 41 North, 7ange 11 East of t'--^ Third Principal Meridian" is said to be a descriztion of reference . It is so called because to identifv the orooerty in question, it is necessary to reser to the re- corded subdivision plat. 4. Line a. Line descriptions are generally used to describe two tvpes of acquisitions . The first being a f + ' t ale refer- ence a wand or constant a..,. w d '� , w^ere _q er- ence line is usually the center line of tae strip , althous' anv line may be used. The line descri=- tions, may be as follows : 1. A 50 foot strip of 1a.^.d having a center line described as follows , etc. 2. A 50 foot strip of 1_nd lvinc _,ort^erly o-- and conticzous with t.':e following descrited line, etc. b. The second t--=e of line descripticn usually .- corporates the reference description , or the land , description, for exa.:ale : 1. That part of Lot 1 in Block 1 in Jcnes ...Subdivision, etc. , lying 'brtherly of the following described line. 2. That p;rt of the East half of the %orth- _ east Quarter etc. , lying Northerly of the following described line. 5. Legal Descriptions are to be typewritten on 811"x11" white bond paper. F. The conditions listed below are also included in this agree- ment with the Municipalitv. The following services and in- formation are to be rendered by said Municipality to the Cook County Highway Decart_ent. ASCD AL OUR. MAY 4 1984 -7- 1. The Municipality will order all C=nitrents for Title Insurance and Torrers Certificates necessary fcr the land acquisitions involved in the subject irc_ rcverent. A copy of each shall be submitted to the R/W Fncineerinc Division, VW Bureau, Cook County H;ghway Department . 2. All Rich.-of-Way plats , Plats of Dedication, Ease- ment Plats and Lecal Descriptions are to be a;prcred by the R4-,ht-of-!:a7 Engineering D_visicn of the R/:a Bureau of the 'Cook County 7:;g^way De_art=ent before the acquisition of property begins. 3. The Right-cf-way Engineering Division will require copies of all surveys used in preparing .he Right- of-Way plats for the ;r..provement. 4. The !!u-:ic:=ality will fur..;=_h the D/w Bureau of the Cock County Hig^way :epart^ent with duplica'te orinirals (mylar) of all recorded plats. 5. The Municipality s' all prepare any exhibits necessary_ for and reorssentat;yes of t.e Munici-pali' shall appear in court for any ccnde:rmation case `(as witnesses ) . S. T e Coo'r. County -i5-wav Departrent will recuire ccc` e; of all recc-:.e_ dee-2s or cor.de natio.-. case t o*:ur-c__z: and tne Ri rt-cf-.:avc a=s w.11 race to be correlated with the alignrent and ceor. etr_cs ^lana before final a_proval is granted and a certificate issued, ;a order for construction to begin. 7. In the event that the Municipality accuires the required right-cf-way, in the name of said S'.unicixlity , the use of said right-cf-way n,-,st be designated for ":se by the public for ::ighuay ?urzcses" in the instr=ent used for ccnvevance. If no such desicna.ic. ;s mace the Municical" ty hill then be reszcnsible for crccer'y dedicating the reqs;red ria`..-of-wav to the public. 8. The Mur.ic;.ali`y will furnish the P./'l Bureau with plan and profile sheets that diaensicn all points of the Proposed Acc­;sit;cn Line as these points are describe- in the Lecal Descriptions . 9 . Copies of all correspondence will be sent to the Right-of-t•:ay Bureau of the Cook Countv H--' gh,.;av Depart- ment. 10. The County of Cock requirements for pro-csed Richt-of- way widt`.s are as follows : RM- FL W. MAY 4 1984 a. Limited access expressways and parkways 200 feet Right-of-N'ay recuirenents may vary from 200 ' to 500' in tis category) b. Controlled access major highways 160 feet e. Section line roads and streets , and all State and County Highways 100 feet d. Half section line roads and streets 80 feet e. Secondary 2-nd residential streets 66 Feet f. Alleys 20 feet g. Mid-block crosswalks 10 feet (Cook County Subdivision manual approved and adopted by the Board of Cc--issioners of Cock County April 18 , 1961) . G. Exar..ples of all Richt-of-Y.ay Flats , and Lecal =escrit_ ticns %.-ill be furnished by tic =.gmt-o.-I:ay Bureau of the Cock County nig •way :evertfent. Revised - April 27 , 1976 Revised - JLIv 20 ; 1977 • REM FL SUR MAY 4 1984