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S-1604 - 05/12/2020 - AGREEMENT - Ordinances ITEM 6.C.1 BOARD OF TRUSTEES MEETING VILLAGE OF UPPER LEVEL CONFERENCE ROOM OAK BR , K BUTLER GOVERNMENT CENTER 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 630-368-5000 AGENDA ITEM Regular Board of Trustees Meeting of May 12, 2020 SUBJECT: North Windsor Easement Agreements FROM: Doug Patchin, Director of Public Works P,,O BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: Motion to Approve Ordinance S-1604, an Ordinance approving Temporary Construction Easements and Permanent Easement Agreements between the Village of Oak Brook and multiple properties/owners adjacent to North Windsor Drive. This will provid for the construction, relocation and maintenance of the Village's Watermain, installation and maintenance of a new Sidewalk and new Street Lighting Controllers on North Windsor Drive. Backmund/History: As part of the North Windsor Widening Project, the Village needs to acquire both Temporary Construction Easements and Permanent Easement Agreements. The Village Attorneys and staff have been working with the multiple properties/owners, whose property is adjacent to the North Windsor Drive Project. Below is a list of the eight(8)property addresses and the requested Easements. 210 - 22 d Street Street Lighting Easement 2025 Windsor Drive Temporary Construction Easement 125 Windsor Drive Temporary Construction Easements (2) 111 Windsor Drive Temporary Construction Easements 100 Windsor Drive Temporary Construction Easement Permanent Watermain Easement Permanent Street Lighting Easement Permanent Sidewalk Easement 300 Windsor Drive Temporary Construction Easement Permanent Watermain Easement 2011 York Road Temporary Construction Easement 300 - 22 d Street Temporary Construction Easement Permanent Sidewalk Easement See the attached Easement Exhibits. BOT AGENDA Page 1 RG Recommendation: Staff recommends the Village Board Approve Ordinance S-1604, an Ordinance approving Temporary Construction Easements and Permanent Easement Agreements between the Village of Oak Brook and multiple properties/owners adjacent to North Windsor Drive. This will provid for the construction, relocation and maintenance of the Village's Watermain, installation and maintenance of a new Sidewalk and new Street Lighting Controllers on North Windsor Drive. BOT AGENDA Page 2 THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS ORDINANCE NUMBER 2020-EASE-AG-MULTPROP-S-1604 AN ORDINANCE APPROVING AND AUTHORIZING TEMPORARY CONSTRUCTION EASEMENTS AND PERMANENT EASEMENT AGREEMENTS BY AND BETWEEN THE VILLAGE OF OAK BROOK AND MULTIPLE PROPERTIES/OWNERS ADJACENT TO NORTH WINDSOR DRIVE GOPAL G. LALMALANI, Village President CHARLOTTE K. PRUSS, Village Clerk JOHN BAAR PHILIP CUEVAS MICHAEL MANZO MOIN SAIYED EDWARD TIESENGA ASIF YUSUF Village Board Published in pamphlet form by authority of the President and the Board of Trustees of the Village of Oak Brook on this the 12th day of May, 2020 ORDINANCE NO.2020-EASE-AG-MULTPROP-S-1604 AN ORDINANCE APPROVING AND AUTHORIZING TEMPORARY CONSTRUCTION EASEMENTS AND PERMANENT EASEMENT AGREEMENTS BY AND BETWEEN THE VILLAGE OF OAK BROOK AND MULTIPLE PROPERTIES/OWNERS ADJACENT TO NORTH WINDSOR DRIVE WHEREAS,the Village of Oak Brook(hereinafter referred to as the"Village")is an Illinois Municipal Corporation organized pursuant to the laws of the State of Illinois; WHEREAS,the Village of Oak Brook(hereinafter referred to as"Village")upon approval of the corporate authorities may enter into an Agreement with another party pursuant to Illinois Statute; WHEREAS,the Village previously proposed and approved the widening of North Windsor Drive from 22nd Street to Swift Drive and funding was allocated accordingly during the 2020 Budget process; WHEREAS,the Village has been working with the Illinois Tollway Authority and several adjacent property owners relating to the development and reconstruction of North Windsor Drive, which the relocation of the watermain and utilities and installation of a sidewalk all of which allow for the Village to complete the related Beautification and Improvements; WHEREAS,the Village has negotiated the attached Temporary Easements,Permanent Easements and Easement Agreements with the respective property owners;and WHEREAS,the Village of Oak Brook Corporate Authorities are of the opinion that it is in the best interests of the Village of Oak Brook to enter into the attached Temporary Construction Easements, Permanent Easements and related Easement Agreements for the purposes referenced herein. NOW, THEREFORE, BE IT ORDAINED, in open meeting assembled by the Village President and Board of Trustees of the Village of Oak Brook,Cook and DuPage Counties,Illinois as follows: Section One-Recitals The Board of Trustees hereby find that all of the recitals hereinbefore stated as contained in the preamble to this ordinance are full, true and correct and do hereby, by reference, incorporate and make them part of this ordinance as legislative findings. 2 Section Two — Approval of the Grant of Temporary Construction Easements, Permanent Easements and related Modification of Easement Agreements The Corporate Authorities of the Village of Oak Brook hereby approve the Temporary Construction Easements, Permanent Easements and related Modification of Easement Agreements as set forth below and made a part hereof as the referenced Exhibits all of which are attached hereto and made a part hereof: Exhibit Description Documents a. 210-22nd Street Street Lighting Easement Modification of Easement Agreement, b. 2025 Windsor Drive Temporary Construction Easement, Modification of Easement Agreement, C. 125 Windsor Drive Temporary Construction Easements(2), Modification of Easement Agreement, d. 111 Windsor Drive Temporary Construction Easements, Modification of Easement Agreement, e. 100 Windsor Drive Temporary Construction Easement, Permanent Watermain Easement, Permanent Street Lighting Easement, Permanent Sidewalk Easement, Modification of Easement Agreement, f. 300 Windsor Drive Temporary Construction Easement, Modification of Easement Agreement, Permanent Watermain Easement, g. 2011 York Road Temporary Construction Easement, Modification of Easement Agreement, h. 300-22nd Street Temporary Construction Easement, Permanent Sidewalk Easement, Modification of Easement Agreement. Section Three—Authority and Direction a. The Village President is hereby authorized, empowered and directed to execute the Easement documents and agreements and any other documents deemed necessary to effectuate the intent of this ordinance,whether or not such other documents are attached hereto. b. The Village Clerk is hereby authorized and directed to attest to,countersign and affix the Seal of the Village to all such documents as are deemed necessary to effectuate the intent of this ordinance. 3 Section Four-Other Actions Authorized a. The officers,employees and/or agents of the Village shall take all actions necessary or reasonably required to carry out and give effect to the intent of this ordinance and otherwise to consummate the transactions contemplated herein,and shall take all actions necessary in conformity therewith including,without limitation,the execution and delivery of all documents required to be delivered in connection with the transaction contemplated herein. b. The Village President or his designee is hereby authorized to execute and deliver all necessary documents including but not limited to Grant of Easements and Easement Agreements. C. The Village is authorized to allocate and spend all necessary funds to fulfill the requirements of the Agreement and of this ordinance. Section Five-Acts of Village Officials That all past,present and future acts and doings of the officials of the Village that are in conformity with the purpose and intent of this ordinance are hereby, in all respects, ratified, approved,authorized and confirmed. Section Four-Conflict Clause That all ordinances,parts of ordinances or board actions in conflict with the terms of this ordinance shall be repealed to the extent of said conflict. Section Five—Effective Date This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. Section Six-Constitutionality Clause Any part or parts of this ordinance declared by a court of law to be invalid or unconstitutional shall not affect the validity of the remaining provisions of this ordinance. Section Seven-Passage Clause That this ordinance shall take full force and effect from and after its passage,approval and publication as provided by law. Section Eight-Publication This ordinance shall be published in book or pamphlet form as provided by the Illinois Municipal Code. Section Nine-Recording This ordinance shall be entered into the minutes and upon the journals of the Board of Trustees of the Village of Oak Brook. 4 APPROVED THIS 12th day of May,2020. j Gopal G.Lalmalani Village President PASSED THIS 12th day of May,2020. Ayes: Trustee Baar,Cuevas,Manzo,Saiyed,Tiesenga,Yusuf Nays: None Absent: None _ ATTEST: ]� v�OF Oqk Y v O k F Charlotte K.Pruss Village Clerk `a o cotwl 5 Exhibit A 210-22nd Street Street Lighting Easement Modification of Easement Agreement, 6 Exhibit B 2025 Windsor Drive Temporary Construction Easement, Modification of Easement Agreement, 7 Exhibit C 125 Windsor Drive Temporary Construction Easements(2), Modification of Easement Agreement, 8 Exhibit D 111 Windsor Drive Temporary Construction Easements, Modification of Easement Agreement, 9 Exhibit E 100 Windsor Drive Temporary Construction Easement, Permanent Watermain Easement, Permanent Street Lighting Easement, Permanent Sidewalk Easement, Modification of Easement Agreement, 10 Exhibit F 300 Windsor Drive Temporary Construction Easement, Modification of Easement Agreement, Permanent Watermain Easement, 11 Exhibit G 2011 York Road Temporary Construction Easement, Modification of Easement Agreement, 12 Exhibit H 300-22nd Street Temporary Construction Easement, Permanent Sidewalk Easement, Modification of Easement Agreement. 13 O EASEMENT EXHIBIT —— VIP a Buss 0Rnff �- 0 A foN �• fS �1� a � fJ♦ `y slP°,M+o �,+` 1. W e . ' 3�c » ., .. Z26d srnEEr CHRISTOPHER S.SURK! ENGINEERING.LTD. EAtE�INr 9575•sat NlppinD Roof.Suite 600 VILLAGE OF OAK BROOK. ILI_INOK Roaeiront. INinOIN 60016 rarO roN scro ISA7i 623-0500 VILLAGE OF OAK BROOK arc. Dr•rr.tote [.0 iaofn.rr+ EASEMENT EXHIBIT A- "S3` c92 6 l sB i II i BUSS amm •�OOPN! • !!!K! IEMING. F�NINf� 7-4vo- MaTmEuc® mrPoio eASW1B wr••6�LHG VILLAGE a0"NMOM.ILLINOIS n ezr usoo rr LSO EASEMENT EXHIBIT I ., 1eNf5 peC..�p 5`0 Its O ^`i �i5 ` 4 s5 Aj ' y9 9 a ` e ".' CURVE TABLE '' b,'✓L�y� p0.M 0�'`e t 44 O`�y • < c `cc :..:sl 9r Y �a�rirww.wMn�t.elP,r�r 1•wn 4 \ CHRISTOPHER S. SURKE ENGINEERING.LTD. MSIMUT DMR HlIN ki. r S 9575 west ppina Rood.5.n to 600 VILLAGE OF OAK BROOK. ILLINOIS r017/823-0500 t,Rw .w S.FEr , Rosampnt.IMinOls 60018 REED PPARFOR 50"O ILLINOIS STATE TOIL NIONwAT AUTHORITY i a5 l�J lsx�► lr EASEMENT EXHIBIT *hN INR ITOPMER 3,OUR!! LnAtor -ty EASEMENT EXHIBIT A Aor OOWOI-�, ,xwomffft a.WRK \00 SO EASEMENT EXHIBIT I a S,ascwar __ Mr. rz s spmN,.?„ '.E� WINDSOR ORME y •� ��rmsin.�m� �; �• ,�`• .Yo� _T-�'�� rel �exxurorxxx x.xxxxxMEMO!!enter n15M w` sWe 600 VILLAGE OF Ue[ERZA.ILLIWIz 3001,) (- EASEMENT EXHIBIT �\ m "I „ �l IMW it Nt i i � A , • CM C .r _.._..,_�._... ) .�, at^�.o 8� .� �'<,•F e 5�"�OP�,;��'may. Mm��1+A:i.i'a CA:J^�,.. J/ ��.�•`"',. �b i' S v .�� 1 .. F,�P°�`� ��"'fix\p, /✓/ .p��+p/�j�P .�� 4 •.�_`y"'IiST..�....�_,'•�y.' �F.o '+A�� '0E�'^Y\--ll�Y��dS a.C��.R`'Yi' /�' CNt16T0►M[[ t.tOKK[crxncc�mc.c EASEMEPR EKNlW e_ �'BOaMan' • 600 v1�L aLE OE OAM'BBWic,IEl IB01`, �,d 0 - EASEMENT EXHIBIT I ,.-..•='Year d:�-:ea a:, / / ;�,,.``r..'�• \\�\ ��.I�. 4...., '-��/��_�� &� ■K CKK1�7OVMl [•[ xrs n •�roD. Ir•KYKKcoo VI,wB `4�1 1 rtpwnenrom Mrto BRpgt.ILLINOISIR EASEMENT EXHIBIT NW �cxeisrorxee�.eueee L ICLNwL oa4 SW+O 600� VILLA �GG.� �BPS"WILL 11 $� QiJfM��F[ g .�co - a aNA Q-Q- __ EASEMENT EXHIBIT tier �IlL�'S.'.` �:��ra'.g��'• wa.asw. BL/SS OB/YE . 1 � O [ CNlItTO�M!!t.tYlK![ fF rr dMa 60018 SNr.600 ' •" [ VILLIG[� v BBOOII.ILLINOIS ps iMT 8-0500