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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