2004-18RESOLUTION NO. 2004- 18
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH
COOK COUNTY RELATED TO ROW ACQUISITION FOR A SECTION OF
BIKE PATH RELATED TO THE LAKE COOK ROAD OVERPASS IMPROVEMENT
AT THE WISCONSIN CENTRAL RAILROAD
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the -
Illinois Constitution of 1970; and,
WHERAS, the quality of life is enhanced by a good quality transportation system
including roadways and also sidewalk/bikeway facilities; and;
WHEREAS, the completion of a section of Buffalo Grove's bikeway system
which is critical to system continuity and safety was planned to be accomplished in
conjunction with the Lake Cook Road Overpass Improvement at the Wisconsin Central
Railroad; and;
WHEREAS, a reimbursement agreement with the County of Cook is a required
prerequisite for receiving Cook County funding for needed ROW acquisition which is
needed to construct an involved section of bikeway;
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD
OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE
COUNTIES, ILLINOIS as follows:
Section 1: The agreement entitled "Reimbursement Agreement" related to the
improvement of Lake Cook Road at the Wisconsin Central Railroad, Section: 92-
A5016- 03 -32, is hereby approved.
Section 2: The Village President and Village Clerk are authorized and
directed to execute the agreement. A copy of said agreement is attached hereto
and made apart hereof.
AYES: 5 - Braiman Berman Johnson Kahn Trilling
NAPES: 0 None
ABSENT: 1 Glover
PASSED: < July 26 , 2004
APPROVED: July 26 , 2004
APPROVED:
Village President
ATTEST:
Village Clerk
G:\PWDIRGRP\LHC\LCROAD\resO4.doc
THE COUNTY OF COOK
VILLAGE OF BUFFALO GROVE
•
LAKE COOK ROAD
AT WISCONSIN CENTRAL RAILROAD
SECTION: 92-A5016-03-BR
REIMBURSEMENT AGREEMENT
This REIMBURSEMENT AGREEMENT, made and entered into by and between
the COUNTY OF COOK, a body politic and corporate of the State of Illinois,
hereinafter called "COUNTY ", and the VILLAGE OF BUFFALO GROVE, a body
politic and corporate of the State of Illinois, hereinafter called "VILLAGE"
WITNESSETH
WHEREAS, the COUNTY has awarded a contract to improve Lake Cook Road
from Lexington Drive to a point west of Milwaukee Avenue by reconstructing and
/or widening the existing pavement and highway grade separation over the
Wisconsin Central Railroad, County Section: 92- A5016 -03 -BR (hereinafter
"PROJECT "): and,
WHEREAS, the VILLAGE has requested and COUNTY has agreed to include
bicycle accommodations in the form of a separated bicycle path across and
approaching the bridge; and,
WHEREAS, the VILLAGE and COUNTY executed an Agreement incorporating
the bikepath as part of the PROJECT on September 18, 2001 and November 6,
2001, respectively. Said Agreement incorporated by reference; and,
WHEREAS, there is insufficient existing right -of -way on the northside of Lake
Cook Road to accommodate said bicycle path; and
WHEREAS, prior efforts by COUNTY to secure the necessary right -of -way for
the bikepath were unsuccessful; and,
WHEREAS, the VILLAGE has offered to secure right -of -way sufficient to
accommodate the proposed bicycle path and COUNTY accepts VILLAGE'S
offer.
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
the above recitals and other good and valuable considerations, the parties hereto
agree as follows:
RE: Lake Cook Road -2-
at Wisconsin Central Railroad
Section: 92- A5016 -03 -BR
The VILLAGE will:
a) Obtain plat and legal description of existing and proposed right -of-
way for the unsecured parcel from COUNTY; and,
b) Perform additional surveys to delineate existing and proposed right -
of -way as well as any new topographic features; and,
c) Prepare an appraisal for the proposed right -of -way and submit to
COUNTY for review. If determined necessary by COUNTY,
prepare a second, independent review appraisal; and,
d) Negotiate for the acquisition of proposed right -of -way based upon
the COUNTY approved appraised fair market value offer; and,
e) Be responsible for securing the proposed right -of -way through the
court if a settlement can not be reached through negotiations; and,
f) Bill the COUNTY for VILLAGE incurred expenses, including for
surveys, appraisals, negotiations, legal fees and court costs
(estimated COUNTY cost $25,100.00) on a progressive basis; and,
g) Bill the COUNTY for the negotiated fair market value settlement
(estimated COUNTY cost $100,000.00); and,
h) Coordinate with COUNTY throughout the process.
2. The COUNTY will:
a) Provide to VILLAGE completed plat and legal description for the
unsecured parcel; and,
b) Promptly review and approve reports, appraisals, etc. prepared by
VILLAGE; and,
c) Reimburse VILLAGE one - hundred (100 %) percent of expenses
incurred by VILLAGE in securing the proposed right -of -way,
including surveys, appraisals, negotiations, legal fees and court
costs (estimated COUNTY cost $25,100.00); and,
d) Pay to VILLAGE the purchased price for the proposed right -of -way
(estimated $100,000.00); and,
w
RE: Lake Cook Road -3-
at Wisconsin Central Railroad
Section: 92- A5016 -03 -BR
e) Pay its obligations to the VILLAGE (estimated $125,100.00, total) as
specified in 2 c) and 2 d) preceding, based upon actual costs and
presentation of an itemized accounting of actual costs.
3. This Agreement shall be binding and enure to the benefit of the parties
hereto, their successors and assigns.
IN WITNESS WHEREOF, the COUNTY and VILLAGE have caused this
Agreement to be executed by their respective officials on the dates as shown.
RECOMMENDED BY:
perintende V f Highways
EXECUTED BY COUNTY:
APPROVED AS TO FORM:
Richard A. Devine, State's Attorney
t
BY:''°
Assi tant ate's Attorney
EXECUTED BY VILLAGE OF
BUFFALO GROVE:
ent, Its Board of
✓ Commissioners
Village President
This t%'day of s! t'1'1 &r ,2004 This 26th day of July ,2004
ATTES -;:. ATTEST: 1'14j1L1. lxa&,O�
County Cl ROVED ROVED sy �.RD OF ut Villa e Clerk
COUNTY CoMfs !SSIONERS p Y 9
com
SEP 2 1 2004
I, DAVID D. ORR, County Clerk of Cook County, in the State of Illinois aforesaid and
keeper of the records and files of said Cook County, do hereby certify that The Board of
Commissioners of The County of Cook, at their regular meeting held on September 21,
2004, passed the following Resolution:
RESOLUTION
RESOLVED, by the members of The Board of Commissioners of Cook County, Illinois, on
behalf of the County of Cook, to authorize and direct its President to execute, by original
signature or his authorized signature stamp, three (3) copies of a Reimbursement
Agreement with the Village of Buffalo Grove, said Agreement attached, wherein the Village
of Buffalo Grove will secure the necessary right -of -way for replacement of existing sidewalk
with proposed sidewalk/bicycle path, including additional surveys, plats and legal
descriptions, appraisals, negotiations, legal fees, court costs, and purchase price (total
costs estimated as $125,100.00); and, the County of Cook will reimburse the Village of
Buffalo Grove for said costs as part of the Lake Cook Road improvement over the
Wisconsin Central Railroad, Section: 92- A5016- 03 -BR; and, the Department of Highways
is directed to take the necessary actions called for underthe terms of the Agreement and is
further directed to return one executed copy of said Agreement with this Resolution
attached to the Village of Buffalo Grove to evidence the formal Agreement hereby resulting,
and be bound by the terms thereof on behalf of the County.
All of which appears from the records and files of my office.
IN WITNESS WHEREOF I have hereunto set
my hand and affixed the SEAL of said County
at my office in the City of Chicago, this 21 st
day of September A.D. 2004.
SEAL
County Clerk
APPROVED BY BOARD
COOK COUNTY COMMISS ONERSF
SEP 2 1 2004
COM
. THE BOARD OF COMMISSIONERS
JOHN H. STROGER, JR., PRESIDENT
EARLEAN COLLINS
1" Dist.
PETER N. SILVESTRI
9' Dist.
BOBBIE L. STEELE
2NO Dist.
MIKE QUIGLEY
16' Dist.
JERRY BUTLER
3flD Dist.
JOHN P. DALEY
11' Dist.
JOHN H. STROGER, JR.
4'" Dist.
FORREST CLAYPOOL
12'" Dist.
DEBORAH SIMS
5'" Dist.
LAWRENCE SUFFREDIN
13' Dist.
JOAN P. MURPHY
8'" Dist.
GREGG GOSLIN
14' Dist.
JOSEPH MARIO MORENO
7' Dist.
CARL R. HANSEN
15' Dist.
ROBERTO MALDONADO
8' Dist.
ANTHONY J. PERAICA
18' Dist.
ELIZABETH ANN DOODY GORMAN 17' Dist.
September 24, 2004
Mr. Elliot Hartstein
President
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, Illinois 60089
Attn: William R. Balling
Village Manager
Dear Sir:
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COOK COUNTY
BUREAU OF ADMINISTRATION
DEPARTMENT OF HIGHWAYS
Wally S. Kos, P.E.
Superintendent
Cook County Administration Building
69 West Washington Street 23'd Floor
Chicago, Illinois 60602 -3007
Telephone (312) 603 - 1600 -01
Fax (312) 603 -9945
Re: Reimbursement Agreement
Lake -Cook Road
at Wisconsin Central Railroad
Section: 92-A5016-03-BR
Enclosed herewith, please find a conformed copy of the subject Agreement for your
files.
Very truly yours,
QVao�(4_JVA, C Izp4
Christopher C. Snyder, P.E.
Chief Engineer
Bureau of Transportation & Planning
For: Wally S. Kos, P.E.
Superintendent of Highways
Cook County, Illinois
Enclosure