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HomeMy WebLinkAboutOrd 6382 04/03/2018 Annexation Agreement between Illinois State Tollway and VOMPPrepared by and after recording Return to: Klein, Thorpe & Jenkins, Ltd. 20 N. Wacker Drive Suite 1660 Chicago, IL 60606 On Behalf Of: The Village of Mount Prospect mIIIVIIIIIINIIAIIIIIIIVIIIIIIII'IU Doc# 1820822120 Fee $64.00 KAREN A.YARBR000H COOK COUNTY RECORDER OF DEEDS DATE: 07/27/2018 11:11 AM PG: 1 OF 14 [Above space for Recorder's Office] VILLAGE OF MOUNT PROSPECT ORDINANCE NO. 6382 AN ORDINANCE APPROVING AN INTERGOVERNMENTAL ANNEXATION AGREEMENT BETWEEN THE ILLINOIS STATE TOLLWAY AUTHORITY AND THE VILLAGE OF MOUNT PROSPECT PIN: 08.23.300.016 AFTER RECORDING RETURN TO: RECORDER'S BOX 324 ORDINANCE NO. 6382 AN ORDINANCE APPROVING AN INTERGOVERNMENTAL ANNEXATION AGREEMENT BETWEEN THE ILLINOIS STATE TOLLWAY AUTHORITY AND THE VILLAGE OF MOUNT PROSPECT WHEREAS, the Village of Mount Prospect ("Village"), seeks to incorporate into its boundaries particular parcels located south of Oakton Street, west of Higgins Creek, and north and northwest of the 1-90 Tollway (hereinafter referred to as the "Property"), and WHEREAS, the Village has asked the Illinois State Toll Highway Authority, an instrumentality and administrative agency of the State of Illinois (hereinafter referred to as the "Tollway Authority"), for its cooperation and consent allowing the Village to annex the Property into the Village boundaries; and WHEREAS, the property abuts the southern end of the Village's jurisdictional limits; and WHEREAS, the Village's corporate limits are contiguous to the Property it seeks to annex; and WHEREAS, pursuant to the provisions of 65 ILCS 5/11-15.1-1 et seq. of the Illinois Municipal Code, a proposed Intergovernmental Annexation Agreement between the Village and the Tollway Authority (the "Agreement") was submitted to the Village for public hearing pursuant to 65 ILCS 5/11-15.1-3 and a public hearing was held thereon by the corporate authorities pursuant to notice duly published in a newspaper of general circulation, as provided by law; and WHEREAS, the corporate authorities of the Village have considered the annexation of the Property; and WHEREAS, the Village and the Tollway Authority wish to enter into a binding agreement with respect to said annexation, pursuant to the provisions of 65 ILCS 5/11- 15.1-1 et seq. of the Municipal Code, upon the terms and conditions contained in the Agreement attached hereto; and WHEREAS, the President and the Board of Trustees of the Village find that the annexation of the Property to the Village will beneficial to the Village, will properly and beneficially extend the corporate limits and the jurisdiction of the Village, will permit the sound planning and development of the Village and will otherwise promote the proper growth and general welfare of the Village. THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Mount Prospect, Cook County, Illinois: Section 1: That the findings set forth above are incorporated by reference into this Section 1 as if fully set forth herein. Section 2: That this President and Board of Trustees further find as follows: (a) The Village's corporate limits are contiguous to the Property described in Section 3 of this Ordinance that the Village seeks to annex. (b) Notice that the corporate authorities of the Village of Mount Prospect would conduct a public hearing regarding entering into an intergovernmental annexation agreement for the annexation of such Property has been published not less than fifteen (15) days prior to such public hearing as required by Section 11-15.1-3 of the Illinois Municipal Code (65 ILCS 5/11-15.1-3). Section 3: That the Property is legally described as follows: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 23 TOGETHER WITH THAT PART OF NORTHWEST QUARTER OF SECTION 26, BOTH IN TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: THE NORTHEASTERNLY 44.50 FEET (MEASURED AT RIGHT ANGLES) OF ILLINOIS TOLL HIGHWAY (1-90) RIGHT OF WAY BOUNDED ON THE NORTH BY THE NORTH LINE OF THE SOUTH 670.7 FEET OF THE SOUTHWEST QUARTER OF SECTION 23, AND ON THE SOUTH (EAST) BY THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 26, IN COOK COUNTY, ILLINOIS. Section 4: That the President and the Village Clerk are authorized and directed to execute the attached Agreement on behalf of the Village of Mount Prospect, Cook County, Illinois. Section 5: That this Ordinance shall be in full force and effect upon and after its adoption and approval as required by law. ADOPTED this 3rd day of April, 2018, by a roll call vote of the Corporate Authorities as follows: AYES:_Grossi, Hatzis, Hoefert, Rogers, Saccotelli, Zadel NAYS: None ABSENT: None APPROVED this 3rd day of April, 2018, by the President of the Village of Mount Prospect. By: lt"Llv Arlene A. Juracek, Villa a President ATTEST: . . . . ....... Karen Agoranos, Village Clerk INTERGOVERNMENTAL AGREEMENT BETWEEN THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY AND THE VILLAGE OF MOUNT PROSPECT, ILLINOIS THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made and entered into by the Illinois State Toll Highway Authority, an instrumentality and administrative agency of the State of Illinois (hereinafter referred to as the "'Tollway") and the Village of Mount Prospect, an Illinois municipality (hereinafter referred to as the "Village "); WITNESSETH• WHEREAS, the Village, in response to Cook County's initiative to encourage neighboring municipalities to incorporate certain portions of unincorporated Cook County, and also in response to concerns of residents located in and around the currently unincorporated adjacent portions of the Village, the Village seeks to incorporate into its boundaries particular parcels located south of Oakton Street, west of Higgins Creek, and north & northeast of the I-90 Tollway (hereinafter referred to as the "Property"); and WHEREAS, the Village has asked the Tollway for its cooperation and consent allowing the Village to annex the Property into the Village boundaries (See Plat and Aerial View Image attached as Exhibits "A" and "B" and 65 ILCS 5/7-1-2); WHEREAS, the Property abuts the southern end of the Village's jurisdictional limits; and WHEREAS, the Village's corporate limits are contiguous to the Property sought to be annexed into the Village; and WHEREAS, the proposed annexation would create a Village boundary consistent with the natural logical boundaries currently in place; and WHEREAS, Cook County's property records mistakenly reflected the Property as having been previously annexed by the neighboring Elk Grove Village. However, the Village addressed and resolved the issue with Cook County and represents that the Property is currently unincorporated; and WHEREAS, Tollway right of way may not be annexed without the consent of the Governor or the Tollway's Board of Directors. 65 ILCS 5/7-1-2 also see eggl& gx rej, ClLrk v The Village of Wheeling, 24 111.2d 267, 181 N.E.2d 72 (1962); and WHEREAS, pursuant to Tollway policy, the Tollway's Excess Real Estate Committee has considered and concurs with the proposed annexation; and WHEREAS, the Village's annexation of the Tollway Property will have no impact on the Tollway's continuing, permanent, unfettered use of the Tollway Property which it shall continue to own and use free of Village regulations (the "Protective Conditions"); and WHEREAS, pursuant to the requirements of the Illinois Municipal Code, with the passage of a Board of Director's Resolution, the Tollway consents to the Village's request to annex the Tollway Property subject to the conditions stated and agreed to in this Agreement; and WHEREAS, the neighboring Village of Elk Grove Village has no objection to Mount Prospect's annexation of the Property; 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, the Village and the Tollway are units of government within the meaning of Article VII, Section 10 of the 1970 Constitution of the State of Illinois and have the authority under the Constitution and the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., to enter into this Agreement; NOW, THEREFORE, in consideration of the recitals and the provisions of this Agreement, the Village and the Tollway agree as follows: 1. Incor oratvor of Recitals. The foregoing recitals are incorporated into this Agreement as substantive provisions of this Agreement. 2. Petition For ArInexation. The Tollway agrees to support the Village's petition for annexation of the Property into the Village boundaries. 3. Annexation. The Village is responsible for taking all actions necessary to annex the Tollway Property. Any and all costs and fees assessed, incurred or associated with the annexation of the Tollway Property or the Property shall be at the expense of the Village. The Tollway will cooperate with the Village as reasonably necessary to accomplish the annexation of the Tollway Property. 4. Review and Approval. The Village and the Tollway shall have the following rights and responsibilities with respect to the Property or other properties located in the vicinity of Interstate 90 near Oakton Street and Higgins Road: (a) The Village shall keep the Tollway informed of any proposed modifications to the property abutting the Tollway. (b) The Tollway shall be granted the right to review and approve/disapprove the use, purpose, planned improvements and associated plans for the property contemplated in the annexation limits. The Tollway's review shall include but not be limited to potential impacts to land use, zoning, operations, safety and drainage. 5. Indemnification of Tollway by Village. The Village will indemnity and defend the Tollway against any claim or action of any kind related to or resulting from the annexation or any other element of this Agreement. REIRTRA 7 MWJM (a) Findings. The Village finds that (i) The Tollway has used and should always continue to use the Tollway Property for Tollway purposes, (ii) there is no useful purpose for the Village to regulate in any way the Tollway Property or the Tollway's uses of the Tollway Property, and (iii) that the sole purpose of annexing the Tollway Property into the Village is to enable the Village to achieve a more consistent and uninterrupted southern border. (b) Agreement Not to Regulate. The Village agrees and covenants never to include the Tollway Property in any special services area, special assessment district, business district, or any other taxing or development district. To the extent the Property is or becomes located in any special services area, special assessment district, business district or any other taxing or development district, the Village shall release the Tollway from any and all obligations. The Village further agrees and covenants never to impose Village standards or regulations on or against the Tollway or the Tollway Property, including without limitation zoning, planning, or subdivision ordinances or regulations; business licensing; building, construction, property maintenance codes or any other similar codes; stormwater management ordinances or regulations; or any taxes, fees, or other exactions of any kind. 7. Dispute Resolution. In the event of a dispute over the terms of this Agreement, the Village President and the Tollway's Executive Director will meet and attempt to resolve the dispute. If the Village President and Executive Director are unable to resolve the dispute, then the decision of the Executive Director regarding the dispute will be final. 8. Tollway Remedies. If the Village at any time acts or threatens to act in violation of Section 6 or any other term of this Agreement, then the Tollway has the right to seek immediate injunctive relief, a declaratory judgment against the Village, damages for breach of this Agreement, and any other available relief in law or equity, without posting any bond therefor. 9. Notices. Notices between the Village and the Tollway related to this Agreement must be in writing, sent by certified mail, and addressed as follows: If to the'Follwgy: If to the Villa : Illinois State Toll Highway Authority Village of Mount Prospect Attn.: Land Acquisition Manager Attn.: Village Manager 2700 Ogden Avenue 50 S. Emerson Street Downers Grove, Illinois 60515 Mount Prospect, IL 60056 10. Applicable Law, Venue. This Agreement is govemed.by the laws of the State of Illinois. The venue for any action on this Agreement is Du Page County. 11. Village Representation and Warranty. The Village represents and warrants that it has the authority to bind itself to all of the provisions of this agreement and that this Agreement has been properly approved by the Village and executed by a properly authorized representative of the Village. [all signatures appear on next page] IN WITNESS WHEREOF, the Village and the Tollway have caused this Agreement to be approved and executed by their properly authorized representatives. VILLAGE OF MOUNT PROSPECT By,. J al��eei Arlene A. Juracekf Date Mayor Attest: By. ... "Village Clerk ILLINOIS STATE TOLL HIGHWAY AUTHORITY By: '. Elizabeth Gorman Date Executive Director Appro ast( Form and Constitutionality 'F ��..�.... .2iu Robe T. Lane, Senior Assistant Attorney General 02/22/18 RESOLUTION NO. 21496 F.MFgEmr 6.4/2 It is in the best interest of the Illinois State Toll Highway Authority (the "Tollway") to enter into an Intergovernmental Agreement with the Village of Mount Prospect ("Village") consenting to the annexation of Tollway property into the municipal boundaries of the Village. The Village requested the annexation to allow a pocket of unincorporated Cook County within the Village's annexation plan to be better served by public services, including police, fire and library services. The Tollway property to be annexed is located near I-90 and Oakton Road. Pursuant to State law, the Board of Directors must approve the annexation of any Tollway property (65 ILCS 5n-1-2). Resolution The Acting General Counsel and Chief Engineering Officer are hereby authorized to enter into an Intergovernmental Agreement in substantially the form of the agreement attached to this Resolution and the Chairman or the Executive Director is authorized and directed to execute the Intergovernmental Agreement and any other documents necessary to effectuate the annexation. Approved by: Legal Description THAT PART OF THE SOUTHWEST QUARTER OF SECTION 23 TOGETHER WITH THAT PART OF NORTHWEST QUARTER OF SECTION 26, BOTH IN TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: THE NORTHEASTERNLY 44.50 FEET (MEASURED AT RIGHT ANGLES) OF ILLINOIS TOLL HIGHWAY (1-90) RIGHT OF WAY BOUNDED ON THE NORTH BY THE NORTH LINE OF THE SOUTH 670.7 FEET OF THE SOUTHWEST QUARTER OF SECTION 23, AND ON THE SOUTH (EAST) BY THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 26, IN COOK COUNTY, ILLINOIS. EXHIBIT A MAP, PLAT OF ANNEXATION AND LEGAL DESCRIPTION rs P ....... V CCk AU MOM 1 J ��. AmmATEs. INC. 6b V,,u 4..Q1 V GINE. fY. fr919(G 'C' 550 AVM4 ( 1 .r GA r.OY WT6Y1 LNM&) - E OFMT PROSPECT O E/rz- svv114 e... s€e 23-'11-11 �VMgfwfFr J q} 'd11 p E112-NWM4 5EC2641fP rvwvx mre � r �, JANE AQQHMS 6k'ML f.V1AW n. �xi9u ox• ar • A I � EXHIBIT 8 AERIAL VIEW IMAGE muvv /Acquismon i raCKing /-kppiicaiion Tollway Parcels Tasks Project Map Reports Admin