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