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Approving an Intergovernmental Agreement with the City of Elgin Vacating/Abandoning Exclusivity of Utility Easement Along Randall Road
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WHEREAS, the Illinois Constitution of 1970, Article VII, Section 10 and 5 ILCS 220/1 et seq. authorizes the County of Kane (hereinafter the “County”) and the City of Elgin (hereinafter “City”) to cooperate in the performance of their respective duties and responsibilities by contract and the other agreements; and
WHEREAS, the City and the County entered into an intergovernmental agreement dated May 12, 1998 wherein the City and the County pledged to co-operate among themselves regarding Randall Road between I-90 and Illinois Route 72 and the City further agreed to cause right of way for the improvement of Randall Road to be conveyed to the County; and
WHEREAS, pursuant to said intergovernmental agreement the City further agreed to locate municipal utilities in consultation with the County in order to avoid highway and utility conflicts; and
WHEREAS, on September 24, 1998, the City entered into an easement agreement with Galvin Family Partners, L.P. (“Grantor”) wherein the Grantor granted a permanent exclusive easement to the City for the construction and maintenance of municipal watermain and sanitary sewer line within the right of proposed by the Intergovernmental Agreement for the expansion of Randall Road; and
WHEREAS, said exclusive aspect of the Easement interferes with the County’s proposed widening of Randall Road and the County has requested the City vacate/abandon the exclusive aspect of the Easement, the remainder of any possessory rights of the City to the Easement to continue in effect; and
WHEREAS, the County and the City find that the health and welfare of their residents are best served by entering into this Agreement to vacate or otherwise abandon the exclusivity of the Easement.
NOW, THEREFORE, BE IT RESOLVED that the Kane County Board hereby approves an intergovernmental agreement between the County of Kane and the City of Elgin and that the Kane County Board Chairman is hereby authorized to execute an intergovernmental agreement therefor.
Passed by the Kane County Board on December 10, 2024.
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John A. Cunningham, MBA, JD, JD Corinne M. Pierog MA, MBA
Clerk, County Board Chairman, County Board
Kane County, Illinois Kane County, Illinois
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