1982-04-05 - Resolution 1982-17 - ACCEPTING THE JOINT AGREEMENT FOR RIGHT-OF-WAY ACQUISITION, FEDERAL PROJECTS M-5003(495), IX-M-5003 (486), AND M-5 3 (487) CONCERNING THE BUFFFALO GROVE ROAD (LAKE COOK RD TO IL RTE. 83 STREET IMPROVEMENT Noe
RESOLUTION NO . 82-17
A RESOLUTION ACCEPTING THE "JOINT AGREEMENT FOR RIGHT-OF-WAY
ACQUISITION , FEDERAL PROJECTS M-5003(485 ) , IX-M-5003( 486 ) ,
AND M-5003( 487) JOB NOS . C-91 -078-76 , P-91 -245-79 , AND
R-91 -0009-79" CONCERNING THE BUFFALO GROVE ROAD (LAKE-COOK
ROAD TO IL . RT. 83 ) STREET IMPROVEMENT
WHEREAS , the President and Board of Trustees of the
Village of Buffalo Grove desire to cause the implementation of
the Buffalo Grove Road ( Lake-Cook Road to Il . Rt . 83) Street
Improvement ; and ,
WHEREAS , the approval of a joint agreement with the
Illinois Department of Transportation is necessary in order to
proceed with the right-of-way acquisition for the project ;
NOW , THEREFORE , BE IT RESOLVED by the President and
Board of Trustees of the Village of Buffalo Grove , Cook and Lake
Counties , Illinois that the President and Clerk be , and they are
hereby authorized and directed to execute the "Joint Agreement
For Right-Of-Way Acquisition , Federal Projects M-5003( 485 ) ,
IX-M-5003(486 ) , and M-5003( 487 ) " . A copy of said agreement is
attached hereto and made a part hereof.
AYES : 6 - Marienthal , Stone, O' Reilly, Hartstein, Gerschefske, Schwartz
NAYS : 0 - None
ABSENT : 0 - None
PASSED : April 5, , 1982
APPROVED :
r ..3
Vri1age President
ATTEST :
Ville e Clerk_
Cso, L�co ,a
Illinois Department of Transportation
2300 South Dirksen Parkway/Springfield, Illinois/62764
June 2, 1982 RECEIVED
JUN 7 1982
FEDERAL-AID URBAN PROGRAM
FAU Route 2657 VILLAGE OF
Village of Buffalo Grove BUFFALO GROVE
Village Section 79-00019-00-PV
Project No. M-5003(487)
Job No. R-91-009-79
Ms. Janet M. Sirabian
Village Clerk
50 Raupp Boulevard
Buffalo Grove, Illinois 60090
Dear Ms. Sirabian:
The joint agreement between the Village of Buffalo Grove and
the State of Illinois for the above project, was executed by
the department today.
Your copy of the executed agreement is being returned herewith.
Very truly yours,
Melvin B. Larsen
Engineer of Local Roads
and Streets
�/,, £02 ,
By: Loyd E. Dixon
Local Project Implementation Engineer
cc-
Richard Kuenkler, Village Engineer
Gregory P. Boysen, Dir. of Pub. Wks.
S. C. Ziejewski (6) Attn: R. M. Harris
David G. Campbell Attn: Don Moredock
R. D. Schmidt Attn: Don Crane
JOINT AGREEMENT
FOR RIGHT OF WAY ACQUISITION
FEDERAL PROJECTS M-5003(485) , IX-M-5003(486) AND M-5003(487)
(JOB NOS. C-91-078-76, P-91-245-79 AND R-91-009-79)
THIS AGREEMENT, entered into this . ' day of
A.L. , 19pa., by and between the STATE OF ILLINOIS, acting by and through its
DEPARTMENT OF TRANSPORTATION, hereinafter called the STATE, and the VILLAGE OF
BUFFALO GROVE, acting through its PRESIDENT AND BOARD OF TRUSTEES, hereinafter
called the VILLAGE.
WITNESSETH
WHEREAS, the STATE and the VILLAGE, in cooperation with the County of Lake
and in order to facilitate the free flow of traffic and insure safety to the
• motoring public, are desirous of improving approximately 0.7 mile of Buffalo
Greve (Old McHenry) Road (FAU Route 2657) from north of Lake-Cook Road to
north of Mundelein Road (Illinois Route 83) in the Village of Buffalo Grove
and unincorporated Vernon Township, Lake County, Illinois, VILLAGE Section
79-00019-00-PV, STATE Section 1979-084R, Federal Projects IX-M-5003(486) (for
Preliminary engineering) , M-5003(487) (for right-of-way acquisition) , and
M-5003(485) (for construction engineering and construction) , hereinafter
called the PROJECT; and
WHEREAS, the VILLAGE has heretofore agreed to perform the engineering work
and the STATE has heretofore agreed to receive bids and award the contract for
construction of the PROJECT, and the VILLAGE and the STATE will enter into
separate Joint Agreements covering said engineering and construction as well
as the subsequent maintenance of the completed PROJECT; and
'WHEREAS; the VIL3,AGE has heretofore agreed to ob n or cause to be ob-
-; tainea, prior to the STATE advertising for the work to be performed hereunder,
the additional right-of-way required for the PROJECT; and
WHEREAS, the VILLAGE is desirous of obtaining STATE and Federal funds to
pay a portion of the cost of the right-of-way acquisition; and
WHEREAS, the STATE shall request Federal participation in the cost of the
right-of-way acquisition, and upon receiving authorization from the Federal
Highway Administration to proceed with said acquisition will, in turn,
authorize the VILLAGE to proceed accordingly; and
WHEREAS, the VILLAGE has heretofore entered into a separate agreement with
the County of Lake whereby said agency will reimburse the VILLAGE for a portion
of the non-federal share of the cost of the PROJECT;
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
the parties hereto agree as follows:
1. Upon receipt of authorization to proceed from the STATE, the
VILLAGE shall obtain or cause to be obtained the necessary right-
of-way (including all temporary and permanent easements) on
Illinois Route 83 in accordance with Section 5 of this Agreement
and the following requirements:
A. Said right-of-way shall be acquired in accordance with
Land Acquisition Policies and Procedures of the STATE,
in the name of the STATE, on standard State forms which
will be provided for that purpose.
B. No award of a contract shall be made to cover construc-
tion of the PROJECT, or any part thereof, without there
first having been made a title approval by the Attorney
General of Illinois on each individual parcel of said
right-of-way, the consideration for which exceeds
$2,500.00, included within such construction. A title
-2-
' approval shall" be made by the STATrn each individual
parcel of said right-of-way acquired for the PROJECT
where the consideration is $2,500.00 or less. In the
event acquisition of said right-of-way is by condem-
nation, then such action must be brought in the name
of the State by the Attorney General and an Assistant
Attorney General appointed by him.
C. The cost of said right-of-way shall include the pur-
chase price thereof as well as the cost of negotia-
tors, Special Assistant Attorneys General, appraisals,
title evidence, relocation assistance and payments,
property management, and such legal service as may be
necessary to acquire said right-of-way.
D. All parties engaged in the acquisition of said right-
of-way shall be approved in advance by the STATE.
E. Appraisals shall be reviewed and a negotiating figure
approved by the STATE in advance of negotiations for
the purchase of said right-of-way.
F. Any phase of the State's Relocation Assistance Pro-
cedures to be performed by any qualified agency other
than the State shall be covered by separate contrac-
tual agreement or agreements with said agency, and are
subject to prior approval of the Division Adminis-
trator of the Federal Highway Administration.
G. The STATE shall provide such guidance, assistance and
supervision, and monitor and perform audits, to the
extent necessary to assure compliance with the STATE'S
Land Acquisition Policies and Procedures.
-3-
H. The VILLAGE shall furnish the STATE( District Engineer
the original conveyance instruments and right-of-way
plat, including any temporary or permanent easements,
immediately after such documents are properly recorded.
2. Upon receipt of authorization to proceed from the STATE, the
VILLAGE shall obtain or cause to be obtained, in the name of the
County of Lake, the necessary right-of-way (including all.
temporary and permanent easements) on Buffalo Grove Road in
accordance with Section 5 of this Agreement and the following
requirements:
A. Said right-of-way shall be acquired in accordance with
the requirements of Titles II and III of the Uniform
Relocation Assistance and Real Property Acquisition
Policies Act of 1970. The requirements of said Titles
II and III shall be carried out in accordance with
established STATE Land Acquisition Policies and
Procedures as now or hereinafter revised or amended.
B. Prior to the STATE advertising for bids for construc-
tion of the PROJECT, the VILLAGE shall certify to the
STATE that all requirements of Titles II and III of
said Uniform Act have been complied with. The STATE
will advertise for bids after this certification by the
VILLAGE has been accepted by the STATE, subject to
approval of the Division Admini!trator of the Federal
Highway Administration.
C. The STATE shall provide such guidance, assistance and
supervision, and monitor and perform audits to the
extent necessary to assure validity of the VILLAGE'S
certification of compliance with the requirements of
Titles II and III of the aforementioned Uniform Act.
-4-
. .. • 3. . The VIi 3E has appropriated, or .shall 47. ropriate, such funds as
are necessary to pay the cost of the right-of-way acquisition for
the PROJECT, and shall keep complete and accurate records of
these costs for three years after final acceptance.
4. The parties hereto mutually agree that the estimated cost of the
right-of-way acquisition for the PROJECT is $225,000.00, and that
the division of said costs shall be as follows:
VILLAGE STATE FEDERAL TOTAL
$ Cost % Cost $ Cost
Buffalo Grove Road 29.79 48,558 N/A N/A 70.21 114,442 163,000
Illinois Route 83 N/A N/A •29.79 18,470 70.21 43,530 62,000
Totals 48,558 18,470 157,972 225,000
5. The VILLAGE agrees to pay the total cost of acquiring the
necessary right-of-way for the PROJECT (a total amount estimated
to be $225,000.00) in accordance with the requirements of
Sections 1 and 2 of this Agreement, subject to partial reimburse-
ment of said cost by the STATE and the Federal Highway Adminis-
tration, through the STATE, as hereinafter stipulated.
A. The STATE'S share is 29.79% of the right-of-way costs
for parcels along Mundelein Road (Illinois Route 83) ,
an amount estimated to be $18,470.00, and the Federal
share is 70.21% of all right-of-way costs, an amount
estimated to be $157,972.00. The STATE shall reimburse
the VILLAGE for the STATE and Federal shares of the
cost of each parcel of right of way as it is acquired,
provided that the invoice for said parcel clearly
defines the cost involved and includes evidence of pay-
ment by the VILLAGE.
-5-
V B. .Al( ight-of-way costs which are der-mined to be
ineligible for STATE and Federal participation will
be the sole obligation of the VILLAGE.
5. This agreement shall be binding upon and inure to the benefits
of the parties hereto, their successors and assigns.
ATTEST: VILLAGE OF BUFFALO GROVE
`_(VILLAGE; CLERK PRESIDENT
tg E , A L'
Date (7, „. ^s , 19 O
l
STATE OF ILLINOIS,
DEPARTMENT OF TRANSPORTATION
• By
DIRECTOR OF HIGHWAY,
Date , 19 SaN
. '.;lY -6-
„1 _
STATE OF ILLINOIS )
COUNTIES OF COOK AND LAKE )
I , JANET M. SIRABIAN, hereby certify that I am the
duly elected, qualified and acting VILLAGE CLERK of the Village
of Buffalo Grove, Counties of Cook and Lake, Illinois, and the
keeper of its seal and records.
I hereby further certify that the attached is a true
copy of Resolution No. 82-17 adopted on the 5t.__h___ day of
April , 19 82 by the Village Board of the Village
of Buffalo Grove as shown by the records in my custody.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the Village of Buffalo Grove aforesaid,
at said Village, in the County and State aforesaid, this 6th
day of April , 19 82
n
Vil a e Clerks
f- •
RESOLUTION NO. 82-17
A RESOLUTION ACCEPTING THE "JOINT AGREEMENT FOR RIGHT-OF-WAY
ACQUISITION, FEDERAL PROJECTS M-5003(485) , IX-M-5003(486) ,
AND M-5003(487) JOB NOS. C-91-078-76 , P-91-245-79 , AND
R-91-0009-79" CONCERNING THE BUFFALO GROVE ROAD (LAKE-COOK
ROAD TO IL.RT. 83) STREET IMPROVEMENT
WHEREAS, the President and Board of Trustees of the
Village of Buffalo Grove desire to cause the implementation of
the Buffalo Grove Road (Lake-Cook Road to Il .Rt. 83) Street
Improvement; and,
WHEREAS, the approval of a joint agreement with the
Illinois Department of Transportation is necessary in order to
proceed with the right-of-way acquisition for the project;
NOW, THEREFORE, BE IT RESOLVED by the President and
Board of Trustees of the Village of Buffalo Grove, Cook and Lake
Counties , Illinois that the President and Clerk be, and they are
hereby authorized and directed to execute the "Joint Agreement
• For Right-Of-Way Acquisition, Federal Projects M-5003(485) ,
IX-M-5003(486) , and M-5003(487) " . A copy of said agreement is
attached hereto and made a part hereof.
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein, Gerschefske, Schwartz
NAYS: 0 - None
ABSENT: 0 - None
PASSED: April 5,
, 1982
APPROVED:
G i.- `. < - C- 4°
Village President
ATTEST:
Vi l la4e Clerk