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S-1600 - 04/14/2020 - AGREEMENT - Ordinances ITEM 6.C.7 BOARD OF TRUSTEES MEETING VILLAGE OF SAMUEL E. DEAN BOARD ROOM OAK B RK BUTLER GOVERNMENT CENTER t92 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 630-368-5000 AGENDA ITEM Regular Board of Trustees Meeting of April 14, 2020 SUBJECT: Pembroke, 2001 York LLC Easement Agreement FROM: Doug Patchin, Director of Public Works Deo BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: Motion to Approve Ordinance S-1600, an Ordinance approving an Easement Agreement between the Village of Oak Brook and Pembroke 2001 York LLC providing for the construction,relocation and maintenance of the Village's Watermain on North Windsor Drive and a Temporary Construction Easement for the construction of the Tollway Bridge. Background/History: As part of the 2019 Water Distribution Improvements, staff requested the Watermain replacement and relocation along North Windsor Drive to accommodate the future widening of the Tollway Bridge and North Windsor Drive. The Watermain has been relocated along Windsor Drive, except for the section under the Tollway at the bridge. The Village Attorneys and staff have been working with Pembroke 2001 York LLC on the easement for the Watermain relocation, when discussing this easement with the Tollway, they requested that we include an additional Temporary Construction Easement for the construction of the Bridge. The Village has include this Temporary Construction Easement along with the easement required for our Watermain relocation and maintenance. See attached Easement Exhibit. Recommendation Staff recommends the Village Board Approve Ordinance S-1600, an Ordinance approving an Easement Agreement between the Village of Oak Brook and Pembroke 2001 York LLC providing for the construction, relocation and maintenance of the Village's Watermain on North Windsor Drive and a Temporary Construction Easement for the construction of the Tollway Bridge. BOT AGENDA Page I RG EASEMENT EXHIBIT ----------- lo 504Elo N 11EI Dy 042601-Op9 mh No RONALD REGAN MEMORIAL TOLLWAY (189) wre --—-----------–- ------------- j Q .owt. ell oen low A., M---,1.111.ro oa,9rnm141 Aw A. 0* ---- ------------- ----------------- -----------—-------------- ----------- I--------------- ----- ----------- -—-—------------------------------------------ ----- ­T 1. ----------------------- 71 CHRISTOPHER B. BURKE ENGINEERING. LTD. EASEMENT EXHIBIT KJR fi0 ILLINOIS IN AJK CLIFILE TABLE 9575 West Higgins Road, Suite 600 —T T Rosemont, 1111nols 60DIB VILLAGE OF OAK BROOK,PREPARE FOR -�&7 — E –7�4—0 847)823-0500 VILLAGE OF OAK BROOK —E, 01-20-2— EISE16D597-23A THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS ORDINANCE NUMBER 2020-EASE-WM-TLWYBRG-S-1600 AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN EASEMENT AGREEMENT BY AND BETWEEN THE VILLAGE OF OAK BROOK AND PEMBROKE 2001 YORK LLC 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 14th day of April, 2020 ORDINANCE 2020-EASE-WM-TLWYBRG-S-1600 AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN EASEMENT AGREEMENT BY AND BETWEEN THE VILLAGE OF OAK BROOK AND PEMBROKE 2001 YORK LLC WHEREAS, the Village of Oak Brook (hereinafter referred to as the "Village") is an Illinois Municipal Corporation organized under and pursuant to the laws of the State of Illinois; WHEREAS, Section 2-3-8 of the Illinois Municipal Code provides the Village the authority to contract and be contracted with; WHEREAS, as part of the 2019 Water Distribution Improvements, the watermain along North Windsor Drive was to be replaced and relocated to accommodate the future widening of the Tollway Bridge and North Windsor Drive; WHEREAS, Pembroke 2001 York LLC (hereinafter referred to as"Pembroke") is the legal owner of record of certain real property situated within the corporate limits of the Village of Oak Brook, DuPage County, Illinois, which real property is commonly known as 2001 York Road, Oak Brook, Illinois, P.I.N. 06-24-403-009-0000 (hereinafter referred to as the Subject Property"); WHEREAS, the Village is in the process of widening the roadway on Windsor Drive between 22nd Street and Swift Drive in the Village of Oak Brook; WHEREAS, part of the road widening project includes the movement of the existing 10 inch water main on the Subject Property adjacent to Windsor Drive toward the roadway area and to extend the water main through the nearby Interstate Highway; WHEREAS, a portion of Windsor Drive includes a bridge that crosses over the Interstate Highway maintained by the State of Illinois; WHEREAS, the State of Illinois is in the process of building a new bridge to cross over the Interstate Highway to accommodate the widening of Windsor Drive (hereinafter referred to as the "Windsor Drive Bridge"); WHEREAS, in order to get the alignment of the water main along Windsor Drive in the correct position to cross over the Interstate Highway without conflicting with the new Windsor Drive Bridge, the Village needs to obtain an easement over a portion of the Subject Property; WHEREAS,the watermain has been relocated along Windsor Drive, except forthe section under the Tollway at the bridge, the Village has been working with Pembroke 2001 York LLC on the easement for the watermain relocation, as part of those discussions the Illinois Tollway Authority requested an additional Temporary Construction Easement for the construction of the Bridge; 2 WHEREAS, the Village has negotiated the attached Easement Agreement with Pembroke to acquiring the required permanent easement and temporary construction easement; and WHEREAS, in the opinion of the corporate authorities of the Oak Brook, it is in the best interests of the Village to enter into the Easement Agreement referred to 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 1 — Recitals The Corporate Authorities hereby find that all of the recitals hereinbefore stated as contained in the preamble to the ordinance are full, true and correct and do hereby, by reference, incorporate and make them part of this ordinance as legislative findings. Section 2 —Approval of Easement Agreement The Corporate Authorities of the Village of Oak Brook hereby approve the Easement Agreement (hereinafter referred to as the "Agreement") substantially in the form attached hereto and made a part hereof as Exhibit A, which provides for the grant of the permanent easement and temporary construction easement to the Village of Oak Brook in furtherance of the 2019 Water Improvements Project as referenced herein. Section 3—Authorization The Village President is hereby authorized to execute, and the Village Clerk is hereby authorized to attest to the Easement Agreement, substantially in the form of such Agreement which is attached hereto as Exhibit A, with such changes therein as shall be approved by the Village Attorney and the officials of the Village executing the same, their execution thereof to constitute exclusive evidence of their approval to any and all changes or revisions therein from and after the execution and delivery of such Agreement. Section 4 - Other Actions Authorized 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. Section 5 -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 6—Effective Date This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. 3 Section 7 — Publication This ordinance shall be published in book or pamphlet form as provided by the Illinois Municipal Code. Section 8—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 9—Saving 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 or the Oak Brook Municipal Code. Section 10—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 14th day of April, 2020. r Gopal G. Lalmalani Village President PASSED THIS 14th day of April, 2020. Ayes: Nays: Absent: ATTEST: v� OF 044, Charlotte K. Pruss Village Clerk 1 cl ,p �O caUNTY 5 Exhibit A Easement Agreement 6 REVIEW OF CONTRACTS rAwarding Ape�ncy: Ty e of Contract: DepartProgra /Account Number: 7----K ---- -- __- ("Awardedact Price: Bud ted Amount: Under $20,000 0 $500,001 - $1,000,000 $20,000 - $500,000 0 Over $1,000,000 J i Name: Date: ,-//8 Name: Date: Name: Date: Name: Date: Three (3) Originals signed by other party Date/Initials F7 Original provided to staff member for other party Date/Initials 1 [� Original provided to Official Files Date/Initials { Village of Oak Brook I Approved by Board of Trustees Date/Initials: