R-1796 - 03/26/2019 - WATER MAIN CONTRACT - Resolutions Supporting DocumentsBOT AGENDA Page 1
BOARD OF TRUSTEES MEETING
SAMUEL E. DEAN BOARD ROOM
BUTLER GOVERNMENT CENTER
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
630-368-5000
AGENDA ITEM
Regular Board of Trustees Meeting
of
March 26, 2019
SUBJECT: Forest Preserve Watermain Easement Agreement along Spring Road
FROM: Doug Patchin, Director of Public Works
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: Motion to Approve Resolution R-1796. A Resolution
approving an Easement Agreement between the Village of Oak Brook and the Forest
Preserve District of DuPage County, providing for the operation and maintenance of an
existing water main along Spring Road, between Adams and Madison in the Fullersburg
Woods Forest Preserve.
Background/History:
In November of 1978, the Forest Preserve District of DuPage County granted the Village
of Oak Brook a 20-year License for the authority to locate, operate and maintain a
Watermain in the Fullersburg Woods Forest Preserve (along Spring Road). This License
expired on November 20, 1998.
On August 16, 2018, the Forest Preserve contacted the Village about this license. Due to
the expiring License and the fact that the Watermain is still in use today, a new
agreement is necessary. Because this is an existing Watermain, the District suggested that
the best way to address this is to grant an easement to the Village for the Watermain.
The Village attorney has reviewed the attached Easement Agreement.
Recommendation:
Staff recommends the Village Board Approve Resolution R-1796, A Resolution approving
an Easement Agreement between the Village of Oak Brook and the Forest Preserve
District of DuPage County, providing for the operation and maintenance of an existing
water main along Spring Road, between Adams and Madison in the Fullersburg Woods
Forest Preserve.
ITEM 6.C.4
RESOLUTION 2019-R-1796
A RESOLUTION APPROVING AN EASEMENT AGREEMENT WITH THE FOREST PRESERVE
DISTRICT OF DUPAGE COUNTY CONCERNING FULLERSBURG WOODS FOREST PRESERVE
WHEREAS, the Village of Oak Brook (“Village”) has operated and maintained for many years a
watermain in the Fullersburg Woods Forest Preserve (“Preserve”); and
WHEREAS, the Village’s operation and maintenance obligations were governed in part by a
license agreement between the Village and the Preserve’s owner, the Forest Preserve District of DuPage
County (“District”); and
WHEREAS, the license agreement has expired; and
WHEREAS, the Village and the District wish to memorialize the parties’ rights and obligations
concerning the existing watermain by entering into the Easement Agreement attached hereto as Exhibit A
(“Agreement”); and
WHEREAS, the Village and District are units of local government authorized by the Article VII,
Section 10 of the State of Illinois Constitution and the Illinois Intergovernmental Cooperation Act, 5 ILCS
220/1, et seq., to contract with each other and exercise powers jointly; and
WHEREAS, the President and Board of Trustees have determined that it is in the best interests of
the Village to enter into the Agreement;
NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part of
this Resolution, as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: Approval of the Agreement. The President and Board of Trustees hereby
approve of the Agreement by and between the Village and the Forest Preserve District of DuPage County
in substantially the form as attached as Exhibit A, and in a final form approved by the Village Attorney.
Section 3: Authorization and Execution of the Agreement. The Village President and the
Village Clerk shall be, and hereby are, authorized to execute the Agreement after receipt of the final
Agreement fully executed by the District, and the Village Manager is authorized to enforce the
Agreement’s terms.
Section 4: Effective Date. This Resolution shall be in full force and effect from and after its
passage by the Trustees and its approval in the manner provided by law.
[SIGNATURE PAGE FOLLOWS]
Resolution 2019-R-1796
Easement Agreement with
Forest Preserve District of DuPage County
Page 2 of 3
2
APPROVED THIS ___ day of March, 2019
____________________________
Gopal G. Lalmalani
Village President
PASSED THIS ___ day of March, 2019
Ayes: ___________________________________________________________
Nays: ___________________________________________________________
Absent: __________________________________________________________
ATTEST:
_____________________________________
Charlotte K. Pruss
Village Clerk
Resolution 2019-R-1796
Easement Agreement with
Forest Preserve District of DuPage County
Page 3 of 3
3
EXHIBIT A
EASEMENT AGREEMENT
[ATTACHED]
4817-2325-2271, v. 1