IGA with DuPage County for Improvements along 31st Street from Meyers to York Ordinance
DT-O-0001-20
ORDINANCE AUTHORIZING THE EXECUTION
OF AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE COUNTY OF DU PAGE
AND THE VILLAGE OF OAK BROOK
FOR IMPROVEMENTS ALONG CH 34/3 IST STREET
FROM MEYERS ROAD TO YORK ROAD
SECTION 14-00259-05-CH
WHEREAS, the County of DuPage (hereinafter referred to as COUNTY)proposes to
improve CH 34/3151 Street, from Meyers Road to York Road, Section 14-00259-05-CH
(hereinafter referred to as PROJECT); and
WHEREAS, the COUNTY and the Village of Oak Brook(hereinafter referred to as
VILLAGE)have determined that it is necessary to enter into an intergovernmental agreement
(hereinafter referred to as AGREEMENT) for the COUNTY to acquire temporary construction
easements and right-of-way from the VILLAGE and to define mutual PROJECT costs and
maintenance responsibilities with respect to the PROJECT; and
WHEREAS,the COUNTY and the VILLAGE are municipalities as defined in Section 1
(c) of"An Act in Relation to the Transfer of Interests in Real Estate by Units of Local
Governments or School Districts," 50 ILCS 605/1(c)(hereinafter referred to as TRANSFER
ACT); and
WHEREAS, Section 2 of the TRANSFER ACT authorizes the conveyance of real
property from one municipality to another municipality upon two-thirds vote of the corporate
authorities of the transferor municipality; and
WHEREAS, as a condition precedent to a conveyance under Section 2 of the
TRANSFER ACT,the transferee must first declare by ordinance"that it is necessary or
convenient for it to use, occupy or improve"the real estate held by the transferor municipality;
and
WHEREAS,the COUNTY hereby determines that it is reasonable,necessary and in the
public interest and welfare to acquire and use said temporary construction easements and right-
of-way, currently held by the VILLAGE and depicted in the AGREEMENT, for the PROJECT;
and
WHEREAS, the parties are authorized to enter into the attached AGREEMENT pursuant
to the authority granted in Article VII, Section 10 of the Illinois Constitution of 1970,the
Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq. and the TRANSFER ACT.
NOW, THEREFORE, BE IT ORDAINED by the County Board of DuPage County,
Illinois that the recitals set forth above are incorporated herein and made a part hereof, and
BE IT FURTHER ORDAINED that the COUNTY hereby declares that"it is necessary
or convenient for it to use, occupy or improve"property owned by the VILLAGE as referenced
in the attached AGREEMENT; and
BE IT FURTHER ORDAINED that the Chairman is hereby authorized and directed to
sign on behalf of the COUNTY, and the Clerk is hereby authorized to attest thereto,the
AGREEMENT entitled"INTERGOVERNMENTAL AGREEMENT BETWEEN THE
COUNTY OF DU PAGE AND THE VILLAGE OF OAK BROOK FOR IMPROVEMENTS
ALONG CH 34/31 ST STREET, FROM MEYERS ROAD TO YORK ROAD, SECTION 14-
00259-05-CH"; and
E E t l 4
Ordinance
DT-0-0001-20
BE IT FURTHER ORDAINED that the Director of Transportation/County Engineer or
his designee is hereby authorized to execute any other documents necessary and pertinent to said
AGREEMENT and shall take such action as may be necessary to carry out the terms of said
AGREEMENT; and
BE IT FURTHER ORDAINED that the Clerk is hereby directed to transmit two
duplicate originals of this authorizing Ordinance and AGREEMENT to the Village of Oak
Brook, by and through the Division of Transportation.
Enacted and approved this 10th day of Dece
DANIEL J. CRONIN, CHAIRMAN
DU PAGE COUNTY BOARD
Attu:
!Z!1AREk, COUNTY CLERK
AYES 15
NAYS 0
ABSENT 3
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE COUNTY OF DU PAGE
AND
THE VILLAGE OF OAK BROOK
CH 34/3 1ST STREET FROM MEYERS ROAD TO YORK ROAD
SECTION NO. : 14-00259-05-CH
This Intergovernmental Agreement (hereinafter referred to as
"AGREEMENT") is entered into this qday of �b2._(.e.n6e-r- , 20
between the County of DuPage (hereinafter referred to as the
"COUNTY") a body corporate and politic, with offices at 421 North
County Farm Road, Wheaton, Illinois and the Village of Oak Brook,
(hereinafter referred to as the "VILLAGE") , a municipal
corporation with offices at 1200 Oak Brook Road, Oak Brook,
Illinois . The COUNTY and the VILLAGE are hereinafter sometimes
individually referred to as a "party" or together as the
"parties . "
RECITALS
WHEREAS, the COUNTY in order to facilitate the free flow of
traffic and to ensure the safety of the public desires to
improve CH 34/315t Street from Meyers Road to York Road,
including at Jorie Boulevard, County Section 14-00259-05-CH
(hereinafter referred to as the "PROJECT") ; and
WHEREAS, the COUNTY and the VILLAGE desire to cooperate in
the development and construction of the PROJECT because of the
benefit of the PROJECT to the residents of DuPage County, the
VILLAGE and the public; and
WHEREAS, the COUNTY has determined that the acquisition of
temporary construction easements and right-of-way from the
VILLAGE are required for the PROJECT; and
WHEREAS, the COUNTY and the VILLAGE desire to establish the
parties' mutual project, cost and maintenance responsibilities
with respect to the PROJECT; and
WHEREAS, the COUNTY by virtue of its power set forth in
"Counties Code" (55 ILCS 5/1-1001 et seq. ) and "Illinois Highway
Code" (605 ILCS 5/1-101 et seq. ) and the VILLAGE by virtue of
its power set forth in the "Illinois Municipal Code" (65 ILCS
5/1-1-1 et seq. ) are authorized to enter into this AGREEMENT;
and
Oak Brook IGA—311 Street Meyers Rd.to York Rd. 1 10/25/2019
WHEREAS, the COUNTY and the VILLAGE are municipalities as
defined in Section 1 (c) of the "Local Government Property
Transfer Act, " 50 ILCS 605/1 (c) ; and
WHEREAS, Section 2 of the Local Government Property
Transfer Act, 50 ILCS 605/2, authorizes a municipality, pursuant
to a resolution passed by a two-thirds vote of the members of
its corporate authority, to convey real estate to a municipality
for any municipal or public purpose of the transferee
municipality; and
WHEREAS, the COUNTY has determined that the acquisition of
property, including land in fee and temporary construction
easements (Land Acquisition) , is necessary and required for this
PROJECT and the COUNTY has previously, by Ordinance
(ODT- ) , declared the need for said Land
Acquisition; and
WHEREAS, the COUNTY and VILLAGE shall work collaboratively
on said Land Acquisition; and
WHEREAS, a cooperative intergovernmental agreement is
appropriate and such an agreement is authorized and encouraged
by Article 7, Section 10 of the Illinois Constitution and
Intergovernmental Cooperation Act (5 ILCS 220/1 et seq. ) ; and
WHEREAS, the COUNTY and VILLAGE are public agencies as that
term is defined in the Intergovernmental Cooperation Act (5 ILCS
220/1 et seq) .
NOW, THEREFORE, in consideration of the premises, the
mutual covenants, terms, and conditions herein set forth, and
the understandings of each party to the other, the parties do
hereby mutually covenant, promise and agree as follows :
1. 0 INCORPORATION
1 . 1 . All recitals set forth above are incorporated herein
and made part thereof, the same constituting the
factual basis for this AGREEMENT.
1 . 2 . The headings of the paragraphs and subparagraphs of
this AGREEMENT are inserted for convenience of
reference only and shall not be deemed to constitute
part of this AGREEMENT or to affect the construction
hereof.
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2.0 SCOPE OF PROJECT
2 . 1 . The PROJECT includes, but is not limited to, milling
and resurfacing CH 34/31st Street, patching, curb and
drainage repairs, and at Jorie Boulevard, intersection
improvements including constructing an additional
eastbound left turn lane, constructing a westbound
right turn lane, traffic signal modernization, and
other appurtenant and necessary work.
2 .2 . The PROJECT includes the land acquisition of property
along CH 34/31st Street, in fee and temporary
construction easements as set forth in the attached
Exhibits B and C.
3.0 RESPONSIBILITIES - JOINT
3. 1 . The parties agree to cooperate in and make every
effort to cause the construction of the PROJECT.
3.2 . The COUNTY and VILLAGE agree that the contract
documents for the PROJECT are being prepared in an
effort to minimize the need to relocate VILLAGE
utilities . Should field conditions result in
unexpected utility conflict (s) , reasonably
demonstrated to have been caused based on the
information provided to the COUNTY from the VILLAGE,
all reasonable costs associated with resolving said
utility conflict (s) shall be at the sole cost of the
VILLAGE.
4.0 RESPONSIBILITIES OF THE COUNTY
4 . 1 . The COUNTY shall be responsible for all PROJECT costs
except as noted hereinafter, act as the lead agency
and be responsible for completing all preliminary and
design engineering, right-of-way and/or easement
acquisition, coordinating with the Illinois Department
of Transportation for letting/awarding of a
construction contract, permit processing except as
noted in paragraph 5. 3 hereinafter, and utility
coordination except as noted in paragraph 3 .2
hereinabove, and construction engineering for the
PROJECT.
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4 . 2 . Both the COUNTY and VILLAGE agree that the COUNTY
shall administer the contract for the construction of
the PROJECT.
4 . 3 . The COUNTY agrees, if necessary, to make arrangements
for and apply for permits for PROJECT required
adjustments, relocations and modifications, etc. to
VILLAGE utility facilities, which are in conflict with
the PROJECT at no expense to the VILLAGE.
4 . 4 . The COUNTY will submit Pre-final Plans and
Specifications for the PROJECT to the VILLAGE for
review. The COUNTY will correct any errors and address
other reasonable comments prior to the submittal of
Final Plans and Specifications to the VILLAGE.
4 . 5. The COUNTY shall reimburse the VILLAGE for pass
through consultant plan review and inspection fees
concerning the stormwater permit as referenced in
paragraph 5 . 1 hereinafter.
4 . 6. The COUNTY shall pay to the VILLAGE $180, 000. 00 as the
fair market value for the proposed acquisition of
VILLAGE owned property following execution of this
AGREEMENT.
5. 0 RESPONSIBILITIES OF THE VILLAGE
5 . 1 . The VILLAGE agrees to waive VILLAGE administration
fees for plan/stormwater permit reviews/inspections
for the PROJECT. This waiver shall not include pass
through consultant plan review and inspection fees,
for which the COUNTY will reimburse the VILLAGE. The
COUNTY agrees to reimburse the VILLAGE within sixty
(60) days of receipt of a properly documented invoice
from the VILLAGE.
5 .2 . Simultaneously with the approval of this AMENDMENT,
the VILLAGE shall grant to the COUNTY, at no cost to
the COUNTY, temporary construction easements attached
hereto as Exhibit B and execute a Quit Claim Deed for
right-of-way acquisition of VILLAGE owned property
attached hereto as Exhibit C and incorporated herein,
subject to 4 . 6 hereinbefore. The Village will convey
said title to the COUNTY under the Local Government
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Property Transfer Act, 50 ILCS 605/2, and Village will
comport with all requirements under the statute.
5 .3 . The VILLAGE agrees, if necessary, to make arrangements
for and issue permits for PROJECT required
adjustments, relocations, modifications, etc. to
utility facilities located within existing VILLAGE
rights of way which are in conflict with the PROJECT
at no expense to the COUNTY.
5 . 4 . The VILLAGE agrees to reimburse the COUNTY fifty
percent (50%) of the local match of construction costs
for the traffic signal modernization at Jorie
Boulevard. VILLAGE' S share estimated to be
$51, 000. 00.
5 .5. The VILLAGE agrees to reimburse the COUNTY an
additional ten percent (10%) of the VILLAGE' s actual
final share of construction cost of the signal work at
Jorie Boulevard for construction engineering.
5 . 6. The VILLAGE agrees to reimburse the COUNTY fifty
percent (50%) of the actual design engineering cost
for the signal work at Jorie Boulevard. VILLAGE' S
share estimated to be $8, 400 . 00.
5 .7 . The VILLAGE agrees to pay the COUNTY eighty percent
(80%) of the estimated VILLAGE cost for construction
and construction engineering as attached hereto in
Exhibit A upon award of the contract for the PROJECT
based upon as-bid unit prices . Upon completion of the
signal work at Jorie Boulevard and based upon the
documentation of final costs and quantities, submitted
by the COUNTY and a final invoice, the VILLAGE agrees
to reimburse the COUNTY for the balance of the
estimated VILLAGE cost. All invoices shall be paid
within sixty (60) days of receipt of a properly
documented invoice from the COUNTY.
5 . 8 . The VILLAGE agrees to reimburse the COUNTY for one
hundred percent (100%) of the VILLAGE' s share of
design engineering costs upon award of a construction
contract.
5 . 9. The VILLAGE agrees to pay for all monthly energy costs
for the traffic signal upon completion of the PROJECT
and shall be invoiced directly by the energy provider
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for the traffic signal . The COUNTY and VILLAGE shall
mutually coordinate to assure the energy provider has
all necessary information to correctly invoice the
VILLAGE for all monthly energy costs. In the event of
erroneous billing, the VILLAGE agrees to provide
whatever available documentation regarding the signal
that is needed to correct such billing errors.
5. 10 . The VILLAGE agrees to pay fifty percent (.50%) of the
maintenance costs for the signal upon completion of
the project. The COUNTY will invoice the VILLAGE
annually for the traffic signal maintenance costs .
5 . 11 . If, in the future, the COUNTY improves 31St Street
which results in the need to modernize and reconstruct
the traffic signal at Jorie Boulevard, and/or if it is
determined that the signal requires modernization or
reconstruction due to age, condition, etc. , the
VILLAGE agrees to reimburse the COUNTY for its share
of the cost of the improvement to the signal in
proportion to the number of approaches to the
intersection maintained by the VILLAGE.
5. 12 . The stormwater permitting authority for the PROJECT is
within the corporate limits of the VILLAGE. Therefore,
the VILLAGE will be approving and issuing the
stormwater permit certification.
5. 13 . For the PROJECT, all plan reviews and approvals shall
be done in accordance with the DuPage County
Countywide Stormwater and Flood Plain Ordinance and
VILLAGE codes.
6. 0 MAINTENANCE
6 . 1 . The COUNTY agrees that it will be responsible for all
maintenance of that part of the PROJECT owned or under
the jurisdiction of the COUNTY and the VILLAGE shall
be responsible for all maintenance of that part of the
PROJECT owned or under the jurisdiction of the
VILLAGE.
6.2 . Upon completion of the PROJECT, the COUNTY shall own,
operate and maintain the traffic signal at Jorie
Boulevard and shall provide and pay for all costs
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associated with the future maintenance and repair of
the signal with reimbursement by the VILLAGE as
hereinbefore referenced in 5 . 10.
7.0 INDEMNIFICATION
7 . 1 . The COUNTY shall, to the extent permitted by law,
indemnify, hold harmless and defend the VILLAGE, its
officials, officers, employees, and agents from and
against all liability, claims, suits, demands,
proceedings and action, including costs, fees and
expense of defense, arising from, growing out of, or
related to, any loss, damage, injury, death, or loss
or damage to property resulting from, or connected
with, the COUNTY' s negligent or willful acts, errors
or omissions in its performance under this AGREEMENT.
The COUNTY does not hereby waive any defenses or
immunity available to it with respect to third
parties.
7 . 1 . 1 . The COUNTY and the VILLAGE acknowledge that
the COUNTY has made no representations,
assurances or guaranties regarding the
COUNTY' s or any successor' s or assign' s
authority and legal capacity to indemnify
VILLAGE as provided for in this AGREEMENT. In
the event a court of competent jurisdiction
holds that the COUNTY, or any successor or
assign, is deemed to lack the lawful authority
or ability to indemnify, defend or hold
harmless the VILLAGE, or any person or entity
claiming a right through VILLAGE, or in the
event of change in the laws of the State of
Illinois governing COUNTY' s or any successor' s
or assign' s indemnification authority, such
occurrence (s) shall not affect the validity
and enforceability of the remainder of this
AGREEMENT or the parties rights and
obligations provided for therein.
7 .2 . The VILLAGE shall, to the extent permitted by law,
indemnify, hold harmless and defend the COUNTY, its
officials, officers, employees, and agents from and
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against all liability, claims, suits, demands,
proceedings and action, including costs, fees and
expense of defense, arising from, growing out of, or
related to, any loss, damage, injury, death, or loss
or damage to property resulting from, or connected
with, the VILLAGE' s negligent or willful acts, errors
or omissions in its performance under this AGREEMENT.
The VILLAGE does not hereby waive any defenses or
immunity available to it with respect to third
parties .
7 . 2 . 1 . The COUNTY and the VILLAGE acknowledge that
the VILLAGE has made no representations,
assurances or guaranties regarding the
VILLAGE' s or any successor' s or assign' s
authority and legal capacity to indemnify
COUNTY as provided for in this AGREEMENT. In
the event a court of competent jurisdiction
holds that the VILLAGE, or any successor or
assign, is deemed to lack the lawful authority
or ability to indemnify, defend or hold
harmless the COUNTY, or any person or entity
claiming a right through COUNTY, or in the
event of change in the laws of the State of
Illinois governing VILLAGE' s or any
successor' s or assign' s indemnification
authority, such occurrence (s) shall not affect
the validity and enforceability of the
remainder of this AGREEMENT or the parties
rights and obligations provided for therein.
7 . 3 . Nothing contained herein shall be construed as
prohibiting the COUNTY, its officials, directors,
officers, agents and employees, from defending through
the selection and use of their own agents, attorneys
and experts, any claims, suits, demands, proceedings
and actions brought against them. Pursuant to Illinois
law, 55 ILCS 5/3-9005, any attorney representing the
COUNTY, who is not already an Assistant State' s
Attorney, is to be appointed a Special Assistant
State' s Attorney, as provided in 55 ILCS 5/3-9008 . The
COUNTY' s participation in its defense shall not remove
VILLAGE' s duty to indemnify, defend, and hold the
COUNTY harmless, as set forth above.
7 .4 . Nothing contained herein shall be construed as
prohibiting the VILLAGE, its officials, directors,
Oak Brook IGA—31"Street Meyers Rd.to York Rd. 8 10/25/2019
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officers, agents and employees, from defending through
the selection and use of their own agents, attorneys
and experts, any claims, suits, demands, proceedings
and actions brought against them. The VILLAGE' s
participation in its defense shall not remove COUNTY' s
duty to indemnify, defend, and hold the VILLAGE
harmless, as set forth above.
7 . 5 . Neither party waives, by these indemnity requirements,
any defenses or protections under the Local
Governmental and Governmental Employees Tort Immunity
Act (745 ILCS 10/1 et seq. ) or otherwise available to
it, or to the other party, under the law.
7 . 6 . Any indemnity as provided in this AGREEMENT shall not
be limited by reason of the enumeration of any
insurance coverage herein provided. The VILLAGE' s and
COUNTY' s indemnification under Section 7 . 0 hereof
shall terminate when the PROJECT and signal work is
completed, and the VILLAGE assumes its maintenance
responsibilities as set forth in paragraph 6. 1 hereof.
8.0 GENERAL
8 . 1 . It is understood and agreed by the parties hereto
that this AGREEMENT is intended to address the
PROJECT and no changes to existing highways and
appurtenances maintenance and/or jurisdiction are
proposed except as defined in paragraph 6. 2
hereinabove.
8 . 2 . Whenever in this AGREEMENT, approval or review of
either the COUNTY or VILLAGE is provided for, said
approval or review shall not be unreasonably delayed
or withheld.
8 . 3 . In the event of a dispute between the COUNTY and
VILLAGE representatives in the preparation of the
Plans and Specifications, or changes thereto, or in
carrying out the terms of this AGREEMENT, the County
Engineer of the COUNTY and the Village Manager of the
VILLAGE shall meet and resolve the issue .
8 . 4 . At the pre-construction meeting for the PROJECT, each
party shall designate a representative to the other
party who shall serve as the full time representative
Oak Brook IGA—31"Street Meyers Rd.to York Rd. 9 10/25/2019
of said party during the carrying out of the
construction of the PROJECT. Each representative
shall have authority, on behalf of such party, to
receive notices and make inspections relating to the
work covered in this AGREEMENT. Representatives
shall be readily available to the other party.
8 . 5. This AGREEMENT may be executed in two (2) or more
counterparts, each of which shall be deemed an
original and all of which shall be deemed one in the
same instrument .
9. 0 ENTIRE AGREEMENT
9. 1 . This AGREEMENT represents the entire AGREEMENT
between the parties with respect to the PROJECT and
supersedes all previous communications or
understandings whether oral or written.
10. 0 NOTICES
10 . 1. Any notice required hereunder shall be deemed
properly given to the party to be notified at the
time it is personally delivered or mailed by
certified mail, return receipt requested, postage
prepaid, or sent by confirmed facsimile, to the
party' s address. The address of each party is as
specified below; either party may change its address
for receiving notices by giving notices thereof in
compliance with the terms of this subsection.
Riccardo Ginex
Village Manager
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523
Phone: 630 . 368 . 5000
Fax: 630 . 368 . 5045
Email : villagemanager@oak-brook.org
Oak Brook IGA—311 Street Meyers Rd.to York Rd. 10 10/25/2019
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Christopher C. Snyder, P.E.
Director of Transportation/County Engineer
DuPage County Division of Transportation
421 N. County Farm Road
Wheaton, IL 60187
Phone: 630 . 407. 6900
Fax: 630 . 407. 6901
Email: Christopher. snyder@dupageco.org
11. 0 AMENDMENT, MODIFICATION OR TERMINATION OF THIS AGREEMENT
11. 1. No modification or amendment to this AGREEMENT shall
be effective until approved by the parties in
writing.
12. 0 ASSIGNMENT
12 . 1 . This AGREEMENT shall be binding upon and inure to the
benefit of the parties hereto, their successors and
assigns.
13. 0 GOVERNING LAW
13. 1 . This AGREEMENT shall be governed by the laws of the
State of Illinois as to both interpretation and
performance .
13. 2 . The forum for resolving any disputes concerning the
parties' respective performance, or failure to
perform, under this AGREEMENT, shall be the Judicial
Circuit Court for DuPage County.
14. 0 SEVERABILITY
14 . 1 . In the event, any provision of this AGREEMENT is held
to be unenforceable or invalid for any reason, the
enforceability thereof shall not affect the remainder
of the AGREEMENT. The remainder of this AGREEMENT
shall be construed as if not containing the
particular provision and shall continue in full
force, effect, and enforceability, in accordance with
its terms .
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15. 0 FORCE MAJEURE
15. 1 . Neither party shall be liable for any delay or non-
performance of their obligations caused by any
contingency beyond their control including but not
limited to Acts of God, war, civil unrest, strikes,
walkouts, fires or natural disasters.
IN WITNESS whereof, the parties set their hands and seals as of
the date first written above.
VILLAGE OF/,OAK BROOK
Daniel J. Cronin, Chairman Gopal G. Lalmalani
DuPage County Board Village President
ATTEST: ATTEST:
JeV Charlotte K. Pruss
County Clerk Village Clerk
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EXHIBIT A
ESTINATE OF VILLAGE COST
TRAFFIC SIGNAL AT JORIE BOULEVARD
Estimate of design engineering: $ 8, 400. 00
Estimate of construction costs : $ 340, 000. 00
Less Federal Share: $ 238, 000 . 00
Net VILLAGE/COUNTY Share: $ 102, 000. 00
VILLAGE Share (500) : $ 51, 000 . 00
Estimate of construction engineering
(10% of VILLAGE share of construction costs) : $ 5, 100 . 00
Total Estimate of VILLAGE COST: $ 64, 500 . 00
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II11�1l11lI11
!!!111!1!111 111 It III
EXHIBIT B FRED BUCHOLZ, RECORDER
DUPAGE COUNTY ILLINOIS
P.I.N. 01/14/2020 09:14 AM
06-33-103-013, 06-26400-012 and
06-25-300-017 DOCUMENT # R2020-004348
Parcel County
Parcel 13TE DuPage
Parcel 17TE-A&B
Parcel 18TE-A&B
Street Address
2915 Oak Brook Road
1200 Oak Brook Road
600 Oak Brook Road
Oak Brook,Illinois 60523
Section
14-00259-05-CH
CH#34
31 st Street Intersection
Improvements
FOR RECORDER'S USE ONLY
GRANT OF TEMPORARY EASEMENT
THIS INDENTURE WITNESSETH, That the Grantor, Village of Oak Brook, for and in
consideration of Ten ($10.00) Dollars,hereby represents that it owns the fee simple title to and grants
the temporary right, easement and privilege to enter upon the following described land unto the
County of DuPage, State of Illinois, Grantee, for the use of the County Division of Transportation, its
employees, representative, agents, contractors and engineers, for the purpose of path construction and
grading.
This easement shall be in effect for a period of two(2)years from the date of award of the construction
contract or commencement of construction operations,whichever occurs later.
Said construction work to be completed as specified in the plans as prepared by said County Division
of Transportation.
Said construction work to be done in a quality workmanlike manner and at the expense of the DuPage
County Division of Transportation.
It is also agreed that the premises will be left in a neat and presentable condition.
(COUNTY APPROVED FORM AS OF 12-7-16) — 1 — NON-RESIDENTIAL-MUNICIl'ALrrIES
9
GRANT OF TEMPORARY EASEMENT
Dated this Jc)( day of Y)tbQ-i- A.D., 20 .
VILLAGE OF OAK BROOK
By:
Title: V Q g=TA?-1`=1 t Ctp-,#\
Attest:
Title: Q �, Ue�
STATE OF ILLINOIS )
) SS
COUNTY OF DU PAGE )
I, the unders1grWd, a Notary Public, in and for the County and State, Aresaid, DO HEREBY
CERTIFY, that personally known to me to be the-Vref-�,t_d p„-A- of the
Villare of Oak Br k Illinois and ( personally known to me to be the
of the Village of Oak Brook who are personally known to me to be same persons
whose names are subscribed to the f
pxgping instrument, appeared before me this day in person and
severally acknowledged that as suchhjf f:5 ,�� and U-P-P k- , they signed and
delivered said instrument pursuant to the authority given by the Oak Brook Village Board, as their free
and voluntary act, and as the free and voluntary act and deed of said Board, as authorized by Resolution
and as set forth in an Intergovernmental Agreement dated MCT I o'�, 20N, for the uses
and purposes therein set forth.
Given under my hand and official seal, this � � day of ��
20_1 9.
Commission expires -
Notary Public
THIS DOCUMENT HAS BEEN PREPARED BY:
DuPage County Division of Transportation RANIA NASR-SERENCES
421 N. County Farm Road 'Official Seal
Wheaton,IL 60187 Notary Public-State of Illinois
My Commission Expires Aug 7, 2023
(COUNTY APPROVED FORM AS OF 12-7-16) -2 - NON-RESIDENTIAL-MUNICIPALITIES
Route: 31 s1 Street(C.H. 34)
Section: 14-00259-05-CH
County: DuPage
Job No.: R-55-001-97
Parcel Number: 013TE
Sta.: 26+92.21 to 27+27.21
PIN: 06-33-103-013
That part of Lot 1 in Oak Brook Subdivision No. 1, being a subdivision of the Northwest Quarter
of Section 33, Township 39 North, Range 11, East of the Third Principal Meridian, described as
follows using bearings and distances referenced to Illinois State Plane Coordinate System, East
Zone, NAD 83(2011):
Beginning at the northwest corner of said Lot 1; thence North 89 degrees 42 minutes 26
seconds East on the north line of said Lot 1, a distance of 35.00 feet; thence South 43 degrees
46 minutes 46 seconds West, 48.69 feet to the west line of said Lot 1; thence North 02 degrees
08 minutes 54 seconds West on said west line, 35.00 feet to the Point of Beginning, in DuPage
County, Illinois.
Said parcel 013TE containing 0.014 acre or 612 square feet, more or less.
013TE Legal.doc 6/12/2019
Route: 31St Street(C.H. 34)
Section: 14-00259-05-CH
County: DuPage
Job No.: R-55-001-97
Parcel Number: 017TE-A
Sta.: 142+86.21 to 149+57.32
PIN: 06-26-400-012
That part of Lot 1 in Oak Brook Village Commons, being a Resubdivision of Lot 1 in Oak Brook
Village Green Subdivision, of part of Section 26, Township 39 North, Range 11, East of the
Third Principal Meridian, according to the plat thereof recorded March 29, 1974, as Document
Number R74-14102, described as follows using bearings and distances referenced to Illinois
State Plane Coordinate System, East Zone, NAD 83 (2011):
Commencing at the southwest comer of said Lot 1; thence North 02 degrees 07 minutes 02
seconds West on the west line of said Lot, 40.00 feet to the Point of Beginning; thence
continuing North 02 degrees 07 minutes 02 seconds West on said west line, 6.57 feet; thence
South 51 degrees 43 minutes 16 seconds East, 41.83 feet; thence North 88 degrees 18 minutes
08 seconds East, 147.35 feet; thence North 88 degrees 07 minutes 27 seconds East, 366.49
feet; thence South 01 degrees 52 minutes 33 seconds East, 21.00 feet; thence North 88
degrees 07 minutes 27 seconds East, 125.00 feet; thence South 01 degrees 52 minutes 33
seconds East, 9.00 feet to the south line of said Lot 1; thence South 88 degrees 07 minutes 27
seconds West on said south line, 129.50 feet; thence North 01 degrees 52 minutes 33 seconds
West, 9.00 feet; thence South 88 degrees 07 minutes 27 seconds West, 110.50 feet; thence
North 01 degrees 52 minutes 33 seconds West, 16.00 feet; thence South 88 degrees 07
minutes 27 seconds West, 251.50 feet; thence South 88 degrees 18 minutes 08 seconds West,
149.18 feet; thence North 51 degrees 43 minutes 16 seconds West, 39.39 feet to the Point of
Beginning, in DuPage County, Illinois.
Said parcel 017TE-A containing 0.133 acre or 5,782 square feet, more or less.
017TE-A Legal.doc 6/12/2019
Route: 3151 Street(C.H. 34)
Section: 14-00259-05-CH
County: DuPage
Job No.: R-55-001-97
Parcel Number: 017TE-B
Sta.: 150+64.99 to 151+05.63
PIN: 06-26-400-012
That part of Lot 1 in Oak Brook Village Commons, being a Resubdivision of Lot 1 in Oak Brook
Village Green Subdivision, of part of Section 26, Township 39 North, Range 11, East of the
Third Principal Meridian, according to the plat thereof recorded March 29, 1974, as Document
Number R74-14102, described as follows using bearings and distances referenced to Illinois
State Plane Coordinate System, East Zone, NAD 83 (2011):
Commencing at the southeast corner of said Lot 1; thence South 88 degrees 07 minutes 27
seconds West on the south line of said Lot, 20.00 feet to the Point of Beginning; thence
continuing South 88 degrees 07 minutes 27 seconds West on said south line, 40.00 feet; thence
North 01 degrees 52 minutes 33 seconds West at right angles to the last described course,
30.00 feet; thence North 88 degrees 07 minutes 27 seconds East, 40.00 feet; thence South 01
degrees 52 minutes 33 seconds East, 30.00 feet to the Point of Beginning, in DuPage County,
Illinois.
Said parcel 017TE-B containing 0.028 acre or 1,200 square feet, more or less.
017TE-B Legal.doc 6/12/2019
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Route: 31st Street(C.H. 34)
Section: 14-00259-05-CH
County: DuPage
Job No.: R-55-001-97
Parcel Number: 018TE-A
Sta.: 171+77.25 to 172+62.25
PIN: 06-25-300-017
That part of Lot 1 in Sports Core Subdivision, being a subdivision of part of Section 25 and
Section 26, Township 39 North, Range 11, East of the Third Principal Meridian, according to the
plat thereof recorded April 9, 1979, as Document Number R79-27848, described as follows
using bearings and distances referenced to Illinois State Plane Coordinate System, East Zone,
NAD 83 (2011):
Commencing at the southwest corner of the Southwest Quarter of said Section 25; thence North
02 degrees 08 minutes 58 seconds West, 74.14 feet to the northerly Right-of-Way line 31St
Street(Oak Brook Road) as described in deed recorded July 25, 2001 as Document No. R2001-
152404; thence North 88 degrees 03 minutes 37 seconds East on said Right-of-Way line, 68.00
feet to the Point of Beginning; thence North 01 degrees 56 minutes 23 seconds West at right
angles to the last described course, 35.00 feet; thence North 88 degrees 03 minutes 37
seconds East, 85.00 feet; thence South 01 degrees 56 minutes 23 seconds East, 35.00 feet to
said Right-of-Way line; thence South 88 degrees 03 minutes 37 seconds West on said Right-of-
Way line, 85.00 feet to the Point of Beginning, in DuPage County, Illinois.
Said parcel 018TE-A containing 0.068 acre or 2,975 square feet, more or less.
018TE-A LegaL.doc 6/12/2019
a
Route: 31St Street(C.H. 34)
Section: 14-00259-05-CH
County: DuPage
Job No.: R-55-001-97
Parcel Number: 018TE-B
Sta.: 177+28.25 to 177+78.25
PIN: 06-25-300-017
That part of Lot 1 in Sports Core Subdivision, being a subdivision of part of Section 25 and
Section 26, Township 39 North, Range 11, East of the Third Principal Meridian, according to the
plat thereof recorded April 9, 1979, as Document Number R79-27848, described as follows
using bearings and distances referenced to Illinois State Plane Coordinate System, East Zone,
NAD 83 (2011):
Commencing at the southwest corner of the Southwest Quarter of said Section 25; thence North
02 degrees 08 minutes 58 seconds West, 74.14 feet to the northerly Right-of-Way line 31st
Street(Oak Brook Road) as described in deed recorded July 25, 2001 as Document No. 82001-
152404; thence North 88 degrees 03 minutes 37 seconds East on said Right-of-Way line,
619.00 feet to the Point of Beginning; thence North 01 degrees 56 minutes 23 seconds West at
right angles to the last described course, 20.00 feet; thence North 88 degrees 03 minutes 37
seconds East, 50.00 feet; thence South 01 degrees 56 minutes 23 seconds East, 20.00 feet to
said Right-of-Way line; thence South 88 degrees 03 minutes 37 seconds West on said Right-of-
Way line, 50.00 feet to the Point of Beginning, in DuPage County, Illinois.
Said parcel 018TE-B containing 0.023 acre or 1,000 square feet, more or less.
018TE-B LegaL.doc 6/12/2019
1
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EXHIBIT C FRED BUCHOLZ, RECORDER
QUIT-CLAIM DEED DUPAGE COUNTY ILLINOIS
01/14/2020 09:14 AM
(County to Corporation)
DOCUMENT # R2020-004349
MAIL TO:
County of DuPage
c/o DuPage County Division of Transportation
421 N.County Farm Road
Wheaton, Illinois 60187
NAME AND ADDRESS OF TAXPAYER:
County of DuPage
c/o DuPage County Division of Transportation
421 N.County Farm Road
Wheaton,Illinois 60187
GRANTOR(S),Village of Oak Brook,an Illinois municipal corporation,a corporation
created and existing under and by virtue of the laws of the State of Illinois and duly authorized to
transact business in the State of Illinois, for and in consideration of TEN and NO/100 dollars
($10.00), and other valuable consideration in hand paid, CONVEYS and QUIT-CLAIMS to
GRANTEE(S),the County of DuPage,an Illinois body corporate and politic,the
following described Real Estate situated in the County of DuPage,in the State of Illinois,to-
wit:
SEE EXHIBIT A ATTACHED HERETO AND MADE PART HEREOF.
Subject to general real estate taxes not due and payable at the time of closing,covenants,conditions,
and restrictions of record,building lines and easements, if any,so long as they do not interfere with
the current use and enjoyment of the real estate.
Permanent Real Estate Index Number: 06-26-400-012
Address of Real Estate: 1200 Oak Brook Road,Oak Brook, Illinois 60523
DATED this 19!-day of �pU2xnbt_r ,20J_ft
Village of
By:
Attest: �
0
State of Illinois )
SS
County of DuPage )
1, the unders'gned, a Notary Public, in and for the County and State, aforesaid, DO HEREBY
,--qRTIFY, that �,'�, , personally known to me to be the
—f1 of the Village of Oak Brook, an Illinois municipal corporation, and
,personally known to me to be the Clerk of said municipal corporation,
and personally known to me to be the same persons whose names are subscribed to the foregoing
�stru �ment, appeared before me this day in person and severally acknowledged that as such
Ztcz ' and Clerk they signed, sealed and delivered the said instrument and caused the
corporate seal of said municipal corporation to be affixed thereto,pursuant to the authority given by the
oard of Trustees of said municipal corporation as authorized by an Intergovernmental Agreement dated
Wrllankmf 1,9; 9PI47 (County Resolution DT- �,as their free and voluntary act,and as the
free and voluntary act and deed of said municipal corporation,for the uses and purposes therein set forth.
Given under my hand and official seal, a}at'day of UPrn QC' 2019
Commission expires �
Notary Public
Prepared and Submitted by: RANIA NASR•SERENCES
DuPage County Division of Transportation Official Seal
421 N.County Fane Road Notary Public-State of Illinois
Wheaton,Illinois 60187 My Commission Expires Aug 7, 2023
EXEMPT UNDER PROVISIONS OF THE REAL ESTATE TRANSFER TAX LAW,35
ILCS 200/3145(b)
Date: 1 Cf
Signature of Buyer, Seller or Representative
Route: 31st Street(C.H. 34)
Section: 14-00259-05-CH
County: DuPage
Job No.: R-55-001-97
Parcel Number: 017TK
Sta.: 142+86.23 to 148+27.47
PIN: 06-26-400-012
That part of Lot 1 in Oak Brook Village Commons, being a Resubdivision of Lot 1 in Oak Brook
Village Green Subdivision, of part of Section 26, Township 39 North, Range 11, East of the
Third Principal Meridian, according to the plat thereof recorded March 29, 1974, as Document
Number R74-14102, described as follows using bearings and distances referenced to Illinois
State Plane Coordinate System, East Zone, NAD 83 (2011):
Beginning at the southwest corner of said Lot 1; thence North 02 degrees 07 minutes 02
seconds West on the west line of said Lot, 40.00 feet; thence South 51 degrees 43 minutes 16
seconds East, 39.39 feet to a point 30.00 feet east of(as measured at right angles to) said west
line of Lot 1, being also 25.00 north of(as measured at right angles to) the south line of said Lot
1 at the intersection of the west line of the Southeast Quarter of said Section 26; thence North
88 degrees 18 minutes 08 seconds East, parallel with said south line of Lot 1, a distance of
149.18 feet; thence North 88 degrees 07 minutes 27 seconds East parallel with the said South
line of Lot 1, a distance of, 251.50 feet; thence South 01 degrees 52 minutes 33 seconds East
at right angles to the last described course, 16.00 feet; thence North 88 degrees 07 minutes 27
seconds East, 110.50 feet; thence South 01 degrees 52 minutes 33 seconds East, 9.00 feet to
said south line of Lot 1; thence on said south line of Lot 1 the following courses; South 88
degrees 07 minutes 27 seconds West, 362.03 feet; thence South 88 degrees 18 minutes 08
seconds West, 110.78 feet; thence North 82 degrees 58 minutes 59 seconds West, 66.00 feet;
thence North 85 degrees 59 minutes 14 seconds West, 3.11 feet to the Point of Beginning, in
DuPage County, Illinois.
Said parcel 017TK containing 0.270 acre or 11,783 square feet, more or less.
017TK Legal.doe 6/12/2019