IGA IL State Toll Highway Authority & VOB Re: Land Exchange 10-29-2008 b
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE VILLAGE OF OAK BROOK AND THE ILLINOIS STATE TOLL
HIGHWAY AUTHORITY, LAND EXCHANGE
t�
THIS AGREEMENT is entered into this o"7`1 'day of P� , 2008, by
and between the Village of Oak Brook, a municipal corporation of the State of Illinois
(hereinafter referred to as the "VILLAGE") and the Illinois State Toll Highway
Authority, an instrumentality and administrative agency of the State of Illinois
(hereinafter referred to as the "TOLLWAY").
WITNESSETH:
WHEREAS, the TOLLWAY in order to facilitate the free flow of traffic and
ensure safety to the motoring public, is desirous of improving the Ronald Reagan
Memorial Highway(1-88) from Illinois Route 83 to east of York Road, (hereinafter
referred to as "Toll Highway"), and included in TOLLWAY construction contract(s)
including but not limited to Contract(s) 1-06-5516 and I-06-5517 (hereinafter referred to
as the "PROJECT"); and
WHEREAS,the VILLAGE has certain properties that the TOLLWAY needs for
construction and maintenance purposes and the TOLLWAY has certain properties which
have been declared excess to the TOLLWAY's current and future needs; and
WHEREAS, the TOLLWAY and the VILLAGE agree to a land exchange,
specifically the TOLLWAY will exchange Parcel T-6A-1292EX (Plats and Legal's to be
known as Exhibit A and Al), Parcel T-6A-1292.1EX (Plats and Legal's to be known as
Exhibit B and B1), and Parcel T-6A-136.4EX (Plats and Legal's to be known as Exhibit
C and Chin exchange for Parcel T-6A-06-011 (Plats and Legal's to be known as Exhibit
D and D 1) from the VILLAGE, attached hereto and incorporated herein by reference; and
WHEREAS, the TOLLWAY by virtue of its powers as set forth in the "Toll
Highway Act," 605 ILCS 10/1 et seq. is authorized to enter into this AGREEMENT; and
WHEREAS, the VILLAGE by virtue of its powers as set forth in the Illinois
Municipal Code 65 ILCS 511-1-1 et seq. is authorized to enter into this AGREEMENT;
and
WHEREAS, a cooperative Intergovernmental Agreement is appropriate and such
an Agreement is authorized by Article VII, Section 10 of the Illinois Constitution and the
Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq.
NOW, THEREFORE, for and in consideration of the foregoing representations
and terms and conditions set forth herein,the parties agree as follows:
Section 1.
COOPERATION
1. The TOLLWAY and the VILLAGE agree to cooperate and to make every effort to
cause an exchange of land parcels as described herein.
Section 2.
LAND EXCHANGE
1. The TOLLWAY shall perform all survey work and prepare all Parcel Plats and Legal
descriptions for all right of way necessary for the land exchange at no cost to the
VILLAGE.
2. Parcel Plats and Legal descriptions for property to be exchanged shall conform to the
Illinois State Toll Highway Authority format.
3. It is mutually agreed by the parties hereto that upon execution of this AGREEMENT,
the TOLLWAY and the VILLAGE will cooperatively exchange the land documents as
stated herein.
Section 3.
GENERAL
1. It is understood and agreed that this is an Intergovernmental Agreement between the
VILLAGE OF OAK BROOK and THE ILLINOIS STATE TOLL HIGHWAY
AUTHORITY.
2. It is understood and agreed by the parties hereto that the TOLLWAY shall have
jurisdiction of the toll highway.
3. Wherever in this AGREEMENT, approval, or review of either the TOLLWAY or the
VILLAGE is provided, said approval or review shall not be unreasonably delayed or
withheld.
4. This AGREEMENT may be executed in two or more counterparts each of which shall
be deemed an original and all of which shall be deemed one and the same instrument.
Section 4.
MODIFICATION
This AGREEMENT may only be modified by written modification executed by
duly authorized representatives of the parties hereto.
2
Section 5.
SUCCESSORS AND ASSIGNS
This AGREEMENT shall be binding upon and inure to the benefit of the parties
hereto and their respective successors and approved assigns.
Section 6.
GOVERNING LAWS
It is agreed that the laws of the State of Illinois shall apply to this AGREEMENT
and that in the event of litigation, venue shall be in DuPage County, Illinois.
Section 7.
NOTICES
All notices shall be in writing and shall be personally delivered or mailed to the
following persons at the following addresses:
To TOLLWAY: The Illinois State Toll Highway Authority
2700 Ogden Avenue
Downers Grove, IL 60515
Attention: Chief Engineer
To VILLAGE: VILLAGE OAK BROOK
1200 Oak Brook Road
Oak Brook, IL 60523
Attention: Village Manager
3
EXECUTED BY:
THE VILLAGE OF OAK BROOK
Dated this Q+0-day of �� z-fh v' , 2008.
3 OF 04jf '9y�
By:
'
NO
Village Pre Vent
Attest: ,.
Village Clerk
EXECUTED BY:
THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY
Dated this ay f 52008.
By Date:
,4e 7/ xecutive Director/Chairman
04-- ^-�--By; Date: 6-2 —0 8,
Michael Colsch, Chief of Finance
By: j Date:
Thomas J. Bknonte, General Counsel
Approved as tolform and constitutionality
Attorney General, State of Illinois
4
OWNER: Illinois State Toll Highway
Authority
ROUTE: I-88(Ronald Reagan Memorial
E-W Tollway
SECTION: MM 138.8 (24-39N-11E)
COUNTY: Du Page
CONTRACT: I-05-5453
PARCEL: T-6A-1292.1EX
STATION: 7338+50.02
TO STATION: 7339+60.51
INDEX:
That part of the existing northwesterly right of way of I-88 (Ronald Reagan Memorial E-
W Tollway) as acquired by the Illinois State Toll Highway Authority in document T-6A-
1292.1, formerly part of Old Harger Road right of way being a part of Yorkshire Woods,
being a subdivision in Section 24, Township 39 North, Range 11 East of the Third
Principal Meridian, according to the plat thereof recorded as Document 535991, in Du
Page County, Illinois, described as follows:
Commencing at a found pipe at the easterly corner of Lot 3 of Yorkshire Woods, being a
point on the existing northwesterly right of way line of Old Harger Road; thence South
44 degrees 27 minutes 48 seconds West, on said right of way line, a distance of 100.29
feet to a found pipe at the easterly corner of Lot 2 of said Yorkshire Woods; thence
South 40 degrees 09 minutes 08 seconds West, on said right of way line, a distance of
99.72 feet to a found pipe at the easterly corner of Lot 1 of said Yorkshire Woods;
thence South 40 degrees 14 minutes 42 seconds West, on said right of way line, a
distance of 106.47 feet to a found pipe at the existing northwesterly right of way line of
I-88 (Ronald Reagan Memorial E-W Tollway) and the Point of Beginning.
From said Point of Beginning thence North 71 degrees 25 minutes 31 seconds East, on
said northwesterly right of way line, a distance of 54.07 feet; thence South 62 degrees
15 minutes 00 seconds West, a distance of 64.61 feet; thence South 71 degrees 30
minutes 15 seconds West, a distance of 45.81 feet; thence North 18 degrees 29 minutes
45 seconds West, a distance of 5.37 feet to the existing northwesterly right of way line
of I-88; thence North 65 degrees 15 minutes 38 seconds East, on said northwesterly
right of way line, a distance of 2.36 feet; thence North 71 degrees 40 minutes 31
seconds East, on said northwesterly right of way line, a distance of 43.88 feet to a found
pipe; thence North 44 degrees 04 minutes 53 seconds East, on said northwesterly right
of way line, a distance of 10.46 feet to the Point of Beginning.
Said parcel contains 559 square feet or 0.0128 acres, more or less.
Said Real Estate being also shown on the plat hereto attached and made a part hereof.
i5x14aelB=
OWNER: Illinois State Toll Highway
Authority
ROUTE: I-88(Ronald Reagan Memorial
E-W Tollway)
SECTION: MM 138.8 (24-39N-11E)
COUNTY: Du Page
CONTRACT: I-05-5453
PARCEL: T-6A-136.4EX
STATION: 7349+11.32
TO STATION: 7351+08.83
INDEX:
That part of the existing northwesterly right of way of I-88 (Ronald Reagan Memorial E-
W Tollway) as acquired by the Illinois State Toll Highway Authority in document T-6A-
136.4 lying adjacent to Lot 4 of the Amended and Restated Plat of Tuscan Woods
Subdivision, formerly known as Yorkshire Glen of Oak Brook, according to the plat
thereof recorded as Document R2003-340360, being a part of Section 24, Township 39
North, Range 11 East of the Third Principal Meridian, Du Page County, Illinois described
as follows:
Beginning at a found concrete monument at the northerly corner of Lot 4 of said Tuscan
Woods, being a point on the existing northwesterly right of way line of I-88 (Ronald
Reagan Memorial E-W Tollway); thence North 56 degrees 45 minutes 51 seconds East, a
distance of 5.98 feet; thence South 10 degrees 05 minutes 52 seconds East, a distance
of 196.60 feet; thence South 05 degrees 24 minutes 42 seconds East, a distance of
67.33 feet to a found concrete monument on said right of way line; thence North 10
degrees 05 minutes 51 seconds West, on said right of way line, a distance of 261.35
feet to the Point of Beginning.
Said parcel contains 1,259 square feet or 0.0289 acres, more or less.
Said Real Estate being also shown on the plat hereto attached and made a part hereof.
g'x 14ZMXt' c I 2 ar Z
OWNER: Village of Oak Brook
SECTION: MM 138.3 to MM 138.3
COUNTY: Du Page
CONTRACT: I-05-5453
PARCEL: T-6A-06-011
STATION: 7339+86.20
TO STATION: 7343+96.85
INDEX: 06-23-407-004
That part of Old Harger Road right of way being a part of Yorkshire Woods, Unit 2,
being a subdivision of Part of Lot 1 in Butler Company M-1 Incorporated Assessment Plat
#1, of parts of Sections 23 and 24, Township 39 North, Range it East of the Third
Principal Meridian, according to the plat thereof recorded June 28, 1968 as document
R68-27679, in Du Page County, Illinois, described as follows:
Commencing at a found 1" pipe at the intersection of the existing northerly right of way
line of the Illinois Toll Highway Authority (I-88) with the southerly line of Lot 1 of
Yorkshire Woods Subdivision, said point being 196.67 feet left of Station 7339+09.46;
thence North 71 degrees 25 minutes 31 seconds East, on the existing northerly right of
way line of the Illinois Toll Highway Authority (I-88), a distance of 81.89 feet to the
Point of Beginning.
From said Point of Beginning thence North 52 degrees 00 minutes 14 seconds East, a
distance of 30.82 feet; thence North 45 degrees 31 minutes 26 seconds East, a distance
of 49.56 feet; thence North 41 degrees 54 minutes 48 seconds East, a distance of 40.14
feet; thence North 47 degrees 57 minutes 42 seconds West, a distance of 1.10 feet;
thence North 42 degrees 02 minutes 18 seconds East, a distance of 5.00 feet; thence
South 47 degrees 57 minutes 42 seconds East, a distance of 1.10 feet; thence North 42
'exR'ra-;rT D) , I ChL z
degrees 28 minutes 35 seconds East, a distance of 11.44 feet; thence North 37 degrees
16 minutes 52 seconds East, a distance of 97.03 feet; thence North 33 degrees 54
minutes 07 seconds East, a distance of 44.19 feet; thence North 34 degrees 43 minutes
22 seconds East, a distance of 31.19 feet; thence North 32 degrees 52 minutes 32
seconds East, a distance of 86.65 feet, to the existing northerly right of way line of the
Illinois Toll Highway Authority (I-88); thence South 03 degrees 51 minutes 15 seconds
East, on the existing northerly right of way line, a distance of 10.00 feet; thence South
35 degrees 23 minutes 42 seconds West, on the existing northerly right of way line, a
distance of 259.03 feet; thence South 40 degrees 09 minutes 33 seconds West, on the
existing northerly right of way line, a distance of 99.50 feet; thence South 71 degrees
25 minutes 31 seconds West, on the existing northerly right of way line, a distance of
34.00 feet to the Point of Beginning.
Said parcel contains 1,710 square feet or 0.039 acres, more or less.
FC qz8zT D I , 2
09/08/08 5.3/2
RESOLUTION NO. 18407
WHEREAS, it is necessary and in the best interest of The Illinois State Toll
Highway Authority (the"Tollway") to enter into an Intergovernmental Agreement with the
Village of Oak Brook to provide for the exchange of properties to allow the Tollway to
widen and reconstruct the Reagan Memorial Tollway (1-88) from Illinois Route 83 to east
of York Road; and
WHEREAS, cooperation between governmental agencies and entities through
intergovernmental agreements is authorized and encouraged by Article VII, Section 10
of the Illinois Constitution of 1970, and the Intergovernmental Cooperation Act, 5 ILCS
220/1 et seq.; and
WHEREAS, the Tollway and the Village of Oak Brook have negotiated an
Intergovernmental Agreement in substantially the form attached to this Resolution.
NOW THEREFORE BE IT RESOLVED by The Illinois State Toll Highway
Authority as follows:
The Chief Engineer and the General Counsel are authorized to negotiate and
prepare an Intergovernmental Agreement between The Illinois State Toll Highway
Authority and the Village of Oak Brook in substantially the form of the Intergovernmental
Agreement attached to this Resolution and the Chairman or the Executive Director is
authorized to execute said agreement.
Approved by:
Chairman
ITM 9.II.
ITEM 9.1g.
PGA OF 0 A Ir
v O
O
O
AGENDA ITEM
Regular Board of Trustees Meeting
of
September 9, 2008
SUBJECT: I-88/Tuscan Woods Noise Wall
Oak Brook/Tollway Agreement
Oak Brook/Tuscan Woods LLC Agreement
FROM: Dale L. Durfey, Jr., F.E., Village Engineer
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move that the Village Board approve:
1. Intergovernmental Agreement between the Village of
Oak Brook and the Illinois State Toll Highway
Authority, Land Exchange; and
2. An Agreement between the Village of Oak Brook and
Tuscan Woods, LLC, an Illinois Limited Liability
Company Providing for the Construction of an
Improvement to Provide Noise Abatement along the
Ronald Reagan Tollway (I-88) at Tuscan Woods in the
Village of Oak Brook, Illinois.
Background/Historv:
At the Village Board meeting of June 12, 2007, staff initially presented this subject. I am
attaching my memo dated June 12, 2007 for your review. At that meeting, the Village Board
continued the subject to seek further Attorney review. Additionally, staff was directed to not
bring this matter back to the Village Board until both the Village/Tollway and Village/Developer
Agreements were finalized as to form and could be reviewed by the Board as one item. The
Tollway is scheduled to approve their agreement on September 8, 2008.
I-88 tuscan woods noise wall IGA pbt.doc 1
Both Agreements have been approved as to form by Village Attorney Sterk and contain the
following:
A. Intergovernmental Agreement between the Village of Oak Brook and the Illinois State
Toll Highway Authority, Land Exchange.
The agreement has gone from Noise Abatement document dealing with conditions of
constructing the wall and its financing to just a document exchanging land. This is due to
the fact that one parcel (lot 7) would not grant the required easement for the wall and the
wall. has been shortened to just include lots 1-6 of the Tuscan Woods Subdivision. With
a shortened wall, the Tollway would not participate in its financing.
The Tollway is giving 3 parcels to the Village (calculated for the original long proposed
noise wall) and the Village is giving 1 parcel to the Tollway (this was previously
discussed with the Board as area needed by the Tollway to build their retaining wall—see
my letter dated 6/26/07).
B. An Agreement between the Village of Oak Brook and Tuscan Woods, LLC, an Illinois
Limited Liability Company Providing for the Construction of an Improvement to Provide
Noise Abatement along the Ronald Reagan Tollway (I-88) at Tuscan Woods in the
Village of Oak Brook, Illinois.
This agreement documents that the developer will undertake all of the obligations with
respect to the design and construction of the noise wall.
Recommendation:
That the Village Board approve the two Agreements.
I-88 tuscan woods noise wall IGA pbt.doc 2
eL
M9 rJ *e Illinois State Toll Highway
llj70. 2700 Ogden Avenue
LTollway Downers Grove,Illinois 6051 5-1703
6301241-6800
ll
Fax:6301241-6100
T.T.Y. 6301241-6898
RECEIVED NOV - b 2000
October 30,2008
Village of Oak Brook
1200 Oak Brook Road
Oak Brook,IL 60523
Attn: Village Manager
Re: Intergovernmental Agreement
Enclosed please find a signed original Intergovernmental Agreement between the Illinois
State Toll Highway Authority and the Village of Oak Brook for your records. Thank
you.
Sincerely,
Cynthia Ward,Executive Secretary
Legal Department
Cc: John Romano (email)
Leslie Savickas (email)
CIS (original)