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File #: RES17-2352    Version: 1 Name:
Type: Resolution Status: To Be Introduced
File created: 7/12/2017 In control: Village Board
On agenda: 7/19/2017 Final action:
Title: A Resolution Authorizing the Execution of a Warranty Deed, Certified Resolution, Conveyance Documents and Construction Easement Documents in favor of the Illinois Department of Transportation (IDOT Parcel No. 1KR0032A & B; IDOT Job No. R-91-002-14, PIN 12-02-29-301-004, Northeast Corner of Weber and Lakeview Roads)
Sponsors: Rich Vogel
Attachments: 1. RES17-2352 ex a to resolution conveying nec of weber and lakeview 0032, 2. RES17-2352 ex b to resolution for parcel NEW weber and lakeview

 

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A Resolution Authorizing the Execution of a Warranty Deed, Certified Resolution, Conveyance Documents and Construction Easement Documents in favor of the Illinois Department of Transportation (IDOT Parcel No. 1KR0032A & B; IDOT Job No. R-91-002-14, PIN 12-02-29-301-004, Northeast Corner of Weber and Lakeview Roads)

 

                     bodyWHEREAS, the Village of Romeoville is the Owner of the property legally described in Exhibit A, a copy of which is attached hereto and incorporated herein; and

 

                     WHEREAS, in connection with the ongoing IDOT project to reconstruct the interchange at Weber Road and I-55, the Illinois Department of Transportation, working has requested the Village to convey by warranty deed a portion of such property, to further grant a temporary construction easement over such property, and to execute various related conveyance documents in connection therewith, all in substantially the form attached hereto and incorporated herein as Exhibit B; and

 

                     WHEREAS, the Village has determined that it is in the best interests of the Village to approve the execution of the deed to the Illinois Department of Transportation and conveyance documents as Exhibit B, subject to the conditions hereinafter set forth in this Resolution, and further subject to the payment to and receipt by the Village of compensation for the property being conveyed; and

 

                     WHEREAS, the Village is authorized to approve this instrument in the exercise of its powers of intergovernmental cooperation as authorized by Article 7, Section 10 of the Illinois Constitution of 1970 and the Intergovernmental Cooperation Act, 5 ILCS 220/1 et. seq.

 

                     NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF ROMEOVILLE, WILL COUNTY, ILLINOIS:

 

                     SECTION ONE.  The foregoing Recitals are hereby incorporated into this resolution as if fully set forth in this Section 1.

 

                     SECTION TWO.   The Village President and Clerk are hereby authorized to execute and attest to the execution of a warranty deed, construction easement and conveyance documents in substantially the form attached hereto as Exhibit B, subject to the Village’s receipt of compensation for the property being conveyed, or upon the presentation of documentation satisfactory to the Village evidencing the payment of such compensation, and further subject to the conditions set forth in Section 3 of this Resolution.

 

SECTION THREE.  That the approvals herein contained are further expressly conditioned on the satisfaction of the conditions hereinafter set forth, or upon the Village’s receipt of such assurances at it deems accurate that such conditions shall be satisfied by the Illinois Department of Transportation:

 

A.                     Confirmation that the total amount of compensation for the execution of the deed, easement and conveyance documents as herein described shall be the sum of $175,000, representing a payment of $80,000.00 to the Village of Romeoville for conveying its interest in the property by warranty deed to IDOT, a payment of $20,000.00 to the Village of Romeoville for the execution of the construction easement documents, and a payment of $75,000.00, representing compensation to the Windham Lakes Owners’ Association for damage caused to landscaping, signage and related appurtenances located within an easement on a portion of the property described in Exhibit A.  The confirmation required herein shall include appropriate communication from IDOT indicating that the total amount of compensation it is offering to pay reflects the amounts hereinabove set forth, and appropriate communication from the Windham Lakes Owners’ Association that it accepts the sum of $75,000.00 as compensation for its damages with respect to the acquisition by IDOT of the property described in Exhibit A due to the loss of or relocation of its facilities within its easement over a portion of such property.  The Village authorizes such other and further revisions to the deed and conveyance documents as are necessary to reflect the foregoing.

 

B.                     Revision of the warranty deed and conveyance documents included in Exhibit B to reflect the reservation of an easement satisfactory to the Village in form, substance and dimension, granting the Village the right to the continued existence, use, operation, repair, maintenance, renewal and replacement of the existing Village potable water line within the property described in Exhibit A.

 

SECTION FOUR.  That the various provisions of this Resolution are to be considered severable and if any part or portion of this Resolution shall be held invalid by any Court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Resolution.

 

                     SECTION FIVE.  All prior Resolutions and Resolutions, or parts thereof in conflict or inconsistent with this Resolution are hereby expressly repealed only to the extent of such conflict or inconsistency.

 

                     SECTION SIX.  This Resolution shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law.