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HomeMy WebLinkAbout03-286 Resolution No. 03-286 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF A LICENSE AND EASEMENT AGREEMENT FROM THE FOREST PRESERVE DISTRICT OF KANE COUNTY FOR A PUBLIC PEDESTRIAN AND BICYCLE PATH BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a License and Easement Agreement for a public pedestrian and bicycle path adjacent to Festival Park from the Forest Preserve District of Kane County for the property legally described on Exhibit A, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the License and Easement Agreement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois . s/ Ed Schock Ed Schock, Mayor Presented: October 22 , 2003 Adopted: October 22 , 2003 Omnibus Vote : Yeas : 6 Nays : 0 Recorded: October 23 , 2003 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk 2 0 0 3 K 1 9506 SANDY MEG?IAN RECORDER This Instrument Prepared KANE COUNTY, IL by and Return After RECORDED ON Recording to: 11/05/2003 O1:15Pfl William A. Cogley REC FEE.: 30.00 City of Elgin � Mt PAGES: 9 Legal Department % 150 Dexter Court / Elgin IL 60120-5555 LICENSE AND EASEMENT AGREEMENT THIS LICENSE AND EASEMENT AGREEMENT made and entered into this M& day of AR, , 2003 , by and between the City of Elgin, an Illinois municipal corporation, (hereinafter referred to as the "City" ) , and the Forest Preserve District of Kane County, an Illinois municipal corporation (hereinafter referred to as the "Grantor" ) . WITNESSETH WHEREAS, the Grantor owns the real property in Kane County, Illinois, legally described on Exhibit A attached hereto (hereinafter referred to as the "Subject Premises") ; and WHEREAS, the City owns certain real property adjacent to the Subject Premises which the City intends to further improve as the City' s Festival Park; and WHEREAS, the City of Elgin desires to obtain a license and easement from Grantor over the Subject Premises for the improvement and use of the Subject Premises as a public pedestrian and bicycle path; and 2 WHEREAS, the Grantor has agreed to grant such license and easement pursuant to the terms and conditions of this License and Easement Agreement . NOW, THEREFORE, for and in consideration of the mutual undertakings as set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows : 1 . That Grantor does hereby grant to the City a permanent and nonexclusive license and easement on, over, under, across and along the portion of Grantor' s property legally described on Exhibit A attached hereto and referred to herein as the Subject Premises allowing access over and use of said portion of Grantor' s property as a public pedestrian and bicycle path (the "Permitted Use") including allowing the City the right to install, construct, operate, use, maintain, repair, service, upgrade, replace or remove improvements relating to such public pedestrian and bicycle path, and appurtenances relating thereto, including but not limited to, paving, lighting, benches and landscaping. 2 . That the City agrees that the City' s initial grading and construction of improvements in the Subject Premises shall be in substantial conformance with the Site Improvement Plans Segment 2—Festival Park, Part A, prepared by Hitchcock Design Group dated June 30, 2003 , except as same may be reasonably modified by the City to solve or address engineering, layout or design issues (hereinafter referred to as the "Subject Site Improvement Plans" ) . The City agrees to excavate and remove contaminated soils from the Subject Premises as provided in the Remediation Objectives Report 2 3 and Remedial Action Plan for Festival Park Site, Elgin, Illinois prepared by Terracon, dated June 2003 , as amended as outlined in the Terracon letter of August 25, 2003 , to Mr. Jeff Ward of Ward Environmental . The City shall provide Grantor with copies of all invoices and documents related to such environmental clean-up. 3 . That the City agrees that upon the City' s completion of construction of improvements in the Subject Premises to maintain the Subject Premises and to keep said premises open to the public as a public pedestrian and bike path. 4 . That the City agrees that during the City' s initial grading and construction improvements in the Subject Premises to post barricades and signage at both the south and north ends of the Subject Premises closing the Subject Premises to public pedestrian and bicycle traffic during such grading and construction activities . The City also agrees that during such initial grading and construction of improvements in the Subject Premises to reroute the existing public path which runs through the Subject Premises so as to temporarily reroute such public path around the Subject Premises to the vicinity of Grove Avenue . 5 . That the City hereby agrees for itself, its agents and independent contractors to indemnify and hold Grantor and its successors harmless from third party claims for personal injuries, property damage or other claims arising directly as a result of the City' s work in the Subject Premises or arising as a result of the subsequent public use of the Subject Premises . 6 . That the Grantor and its successors shall not construct any structures or buildings on the Subject Premises, 3 plant any trees on the Subject Premises, grant any other interests in and to the Subject Premises which unreasonably interfere with the City' s Permitted Use of the Subject Premises nor undertake any other activities on the Subject Premises which unreasonably interfere with the City' s Permitted Use of the Subject Premises . 7 . That no amendment, revision or modification hereof shall be effective unless it is in writing and signed by all parties hereto. 8 . That this agreement constitutes the entire agreement between the parties and is intended as a complete and exclusive statement of the terms of the parties agreement, and it supersedes all prior and concurrent promises, representations, proposals, negotiations, discussions and agreements that may have been made in connection with the subject matter hereof . 9 . That this agreement shall be governed by and construed in accordance with the laws of the State of Illinois . 10 . That it is understood and agreed that the City may utilize the services of third party contractors, employees or other agents to perform work on the Subject Premises . The City shall provide for payment in full of the cost of all such services. 11 . That the Grantor hereby represents and warrants to the City that it is the fee simple title holder of the Subject Premises and that it has the full power and authority to enter into and make the grant of license and easement as provided herein. 12 . That this agreement shall be binding on the parties hereto, their successors and permitted assigns and shall run with 4 5 the land. The City shall not have the right to assign any interest created hereunder. 13 . That this agreement shall be recorded by the City at the City' s cost with the Kane County Recorder. IN WITNESS WHEREOF, the parties have entered into and executed this License and Easement Agreement on the date and year first written above . CITY OF ELGIN, an Illinois FOREST P:ESERVE DISTRICT municipal corporation OF • "LINTY By � - BY A= Mayor Its 01- -, .dent Attest : Attest : a/6214-42 City Clerk Its S= - + STATE OF ILLINOIS a,. SS . COUNTY OF K A N E I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, are personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their free and voluntary act of the uses and purposes therein set forth. x , Given under my hand an official seal, this day of , 2003 . No ary Public "OFFICIAL SEAL" SUELLYN LOSCH Notary Public,State of Illinois 5 My Commission Expires 10/27/06 STATE OF ILLINOIS SS. COUNTY OF K A N E I, the undersigned, a Notary Public, in and for said Couaty, ,, in the State aforesaid, do hereby certify that h- -4 I4.ese4ic , President and 3'h,., � 1.�tsw , Secretary, are personally known to me to be the same persons whose name are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their free and voluntary act of the uses and purposes therein set forth. Given under my hand an official seal, this 10 day of 5 k,Ptn.xt pn.. , 2003 . `OFFICIAL SEAL' / Robert J.Quinlan L Notary Public,State of Illinois -��! - My Commission ��fres 03/15 06 N. - ary -Vb F:\Legal Dept\Agreement\Easement-Kane Cty Forest Preserve Dist.doc 6 Landmark ENGINEERING GROUP, INC. LEGAL DESCRIPTION OF THAT PART OF FESTIVAL PARK OWNED BY THE KANE COUNTY FOREST PRESERVE THAT PART OF LOT 26 IN J.T. GIFFORD'S ADDITION, LOTS 1 THROUGH 6 INCLUSIVE IN BLOCK B IN DAVIDSON'S GROVE AVENUE SUBDIVISION AND LOTS 2 TT-TROUGH 8 INCLUSIVE IN BLOCK 4 AND PART OF LAKE STREET IN O. DAVIDSON'S ADDITION ALL THE ABOVE SUBDIVISIONS BEING IN PART OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF LOT 1 IN BLOCK 3 IN AFORESAID O. DAVIDSON ADDITION; THENCE SOUTHWESTERLY, ALONG THE NORTHWESTERLY LINE OF SAID LOT 1 ALSO BEING THE SOUTHEASTERLY LINE OF THE AFORESAID LAKE STREET, A DISTANCE OF 197.50 FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTHWESTERLY, ALONG SAID SOUTHEASTERLY LINE OF LAKE STREET, TO THE NORTHEASTERLY BANK OF THE FOX RIVER; THENCE NORTHWESTERLY, ALONG SAID NORTHEASTERLY BANK OF THE FOX RIVER TO THE SOUTHERLY LINE OF PRAIRIE STREET; THENCE EASTERLY ALONG SAID SOUTHERLY LINE TO A POINT 213.50 FEET WESTERLY OF THE POINT OF INTERSECTION OF SAID SOUTHERLY LINE WITH THE SOUTHWESTERLY LINE OF GROVE AVENUE; THENCE SOUTHEASTERLY TO A POINT'ON A LINE THAT IS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF AFORESAID LOT 6 IN BLOCK B OF DAVIDSON'S GROVE AVENUE SUBDIVISION; THENCE NORTHWESTERLY, ALONG THE SOUTHWESTERLY LINE OF GROVE AVENUE, A DISTANCE OF 23.00 FEET;THENCE SOUTHWESTERLY PARALLEL WITH THE NORTHWESTERLY LINE OF SAID LOT 6, A DISTANCE OF 180.00 FEET FOR SAID POINT; THENCE SOUTHEASTERLY TO A POINT ON A LINE THAT IS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF AFORESAID LOT 6 IN BLOCK B OF DAVIDSON'S GROVE AVENUE SUBDIVISION; THENCE SOUTHEASTERLY, ALONG THE SOUTHWESTERLY OF GROVE AVENUE, A DISTANCE OF 5.00 FEET; THENCE SOUTHWESTERLY PARALLEL.. WITH THE NORTHWESTERLY LINE OF SAID LOT 6 A DISTANCE OF 181.50 FEET FOR SAID POINT; THENCE SOUTHEASTERLY TO A POINT ON THE SOUTHEASTERLY LINE OF LOT 5 IN BLOCK B OF AFORESAID DAVIDSON'S GROVE AVENUE SUBDIVISION THAT IS 185.30 FEET SOUTHWESTERLY OF THE SOUTHEASTERLY CORNER OF SAID LOT 5; THENCE SOUTHEASTERLY TO A POINT ON THE SOUTHEASTERLY LINE OF LOT 4 IN BLOCK B OF SAID DAVIDSON'S GROVE AVENUE SUBDIVISION T EXHIBIT- - D 2295 Valley Creek Drive s Elgin,IL 60123 • 847.888.2610 • fax 84 7.888.2629 Landmark ENGINEERING GROUP, INC. THAT IS 189.00 FEET SOUTHWESTERLY OF THE SOUTHEASTERLY CORNER OF SAID LOT 4;THENCE SOUTHEASTERLY TO A POINT ON THE SOUTHEASTERLY LINE OF LOT 3 IN BLOCK B OF SAID DAVIDSON'S GROVE AVENUE SUBDIVISION THAT IS 191.00 FEET SOUTHWESTERLY OF THE SOUTHEASTERLY CORNER OF SAID LOT 3; THENCE SOUTHEASTERLY TO A POINT ON THE SOUTHEASTERLY LINE OF LOT 2 1N BLOCK B OF SAID DAVIDSON'S GROVE AVENUE SUBDIVISION THAT IS 193.00 FEET SOUTHWESTERLY OF THE SOUTHEASTERLY CORNER OF SAID LOT 2; THENCE SOUTHEASTERLY TO A POINT ON THE SOUTHEASTERLY LINE OF LOT 1 IN BLOCK B OF SAID DAVIDSON'S GROVE AVENUE SUBDIVISION THAT IS 195.00 FEET SOUTHWESTERLY OF THE SOUTHEASTERLY CORNER OF SAID LOT I;THENCE SOUTHEASTERLY TO A POINT OF THE SOUTHEASTERLY LINE OF LOT 2 IN BLOCK 4 OF AFORESAID O. DAVIDSON'S ADDITION THAT 1S 198.50 FEET SOUTHWESTERLY OF THE SOUTHEASTERLY CORNER OF SAID LOT 2;THENCE SOUTHEASTERLY TO A POINT ON THE SOUTHEASTERLY LINE OF LOT 4 IN BLOCK 4 OF SAID O. DAVIDSON'S ADDITION THAT IS 205.50 FEET SOUTHWESTERLY OF THE SOUTHEASTERLY CORNER OF SAID LOT 4;THENCE SOUTHEASTERLY TO A POINT ON THE SOUTHEASTERLY LINE OF LOT 5 IN BLOCK 4 OF SAID O. DAVIDSON'S ADDITION THAT IS 203.90 FEET SOUTHWESTERLY OF THE SOUTHEASTERLY CORNER OF SAID LOT 5;THENCE SOUTHEASTERLY TO A POINT OF THE SOUTHEASTERLY LINE OF LOT 6 IN BLOCK 4 OF SAID O. DAVIDSON'S ADDITION THAT IS 202.30 FEET SOUTHWESTERLY OF THE SOUTHEASTERLY CORNER OF SAID LOT 6;THENCE SOUTHEASTERLY TO A POINT ON THE SOUTHEASTERLY LINE OF LOT 7 IN BLOCK 4 OF SAID O. DAVIDSON'S ADDITION THAT IS 200.70 FEET SOUTHWESTERLY OF THE SOUTHEASTERLY CORNER OF SAID LOT 7;THENCE SOUTHEASTERLY TO A POINT ON THE SOUTHEASTERLY LINE OF LOT 8 IN BLOCK 4 OF SAID O. DAVIDSON'S ADDITION THAT IS 199.10 FEET SOUTHWESTERLY OF THE SOUTHEASTERLY CORNER OF SAID LOT 8; THENCE SOUTHEASTERLY TO THE POINT OF BEGINNING, SITUATED IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. 2295 Valley Creek Drive • Eigiaoucki 9.5 046 88.2610 • fax 847.888.2629 "I OF A' G� City of Elgin Agenda Item No.•(43TE FED E t L October 3, 2003 N TO: Mayor and Members of the City Council RIVER AS A RESOURCE FROM: David M. Dorgan, City Manager Ray Moller, Director of Economic Development & Business Services SUBJECT: License & Easement Agreement with Kane County Forest Preserve for Public Pedestrian and Bicycle Path Adjacent to Festival Park PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider a License & Easement Agreement for a public pedestrian and bicycle path between the City of Elgin and the Kane County Forest Preserve. BACKGROUND The easement agreement is necessary in order to allow the City to construct certain portions of the planned Festival Park improvements . A concrete bike path, a brick paver pedestrian walkway, lighting, irrigation system, landscaping, and shoreline structures (i .e. stairways and overlooks) are planned to be developed by the City on property owned by the Forest Preserve. Under the terms of the proposed easement agreement the City shall : 1 . Excavate and grade the site . This will include the removal of certain contaminated soil . 2 . Maintain newly constructed improvements . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None . . rift. License & Easement Agreement with Kane County Forest Preserve October 3, 2003 ; Page 2 FINANCIAL IMPACT There are no direct costs to the City related to the License & Easement Agreement with the Kane County Forest Preserve District . The total budget for the Festival Park (project number 039520) is $3 . 588 million and includes $2 , 518 , 952 from the Riverboat Fund (275-0000-791 . 92-35) , $570 , 000 from the South Grove TIF Fund (210-0000-791 . 92-32) , and a $1 million State of Illinois DCCA grant (of which $500 , 000 has been received) . The project currently has approximately $1 . 3 million available . WIlryi LEGAL IMPACT None . ALTERNATIVES 1 . The Council may choose to enter into the proposed License & Easement Agreement . 2 . The Council may choose not to enter into the proposed License & Easement Agreement . RECOMMENDATION It is recommended that the Mayor and City Council enter into a License & Easement Agreement with the Kane County Forest Preserve allowing for the construction of Festival Park Riverfront improvements . Respectfully submitted for Council consideration. RHM/dr Attachments r RIVER "") . "") it ii • ° ,_ � :-- - — — '* ,_ s.du„*un Q -w����' o +����wrs® � �s�i®®� Ell - I it; , . .„----- ' . I . , ' _ I. - r, . -. ,./. ,z./ 4:', , .c u . +dM SOUTH GROVE AVENUE o.ice�" .. -- $� t e. —_ -- -- e —V�RdR1�/!/fY�f4®��a�4s4��bA.� n.. n '•: , . L ,;',____, : 1 _—„,___.7.....,._,_-.----'-/ , , -_A—r.., , ://i,.//,,,/' /: t litli 1 i f � +�mTMWt!'�s,� , rl -'-�qr :,,j i ra r, 1 'e, ' .. G? �/ nmmo u a .0 pb� t/,f i . 4,- ; 218 1 i I a� q 7 P,. ,qt 1 L__,_----_,=---1 / i�/ 2. ,,'.. . it 1 1 '' of, 9' ,'!/' tip''' AF I j D 1 1 Li'' „yi �r pq„ p p - . . I 0 : 1>: i 'T J L`. ._ �:,_ .1 ABANDONED NIEL1:INf�TON AVENUE _ / E LLII T' K 3 S A I i r/ ( ABANDONED CiNWRIULROADRO.W. • S q _ •11 qLn ID 4 �—}�� ' iv L 1 O� 11111 f� ..� a �� ?tr 'E ';4an ' i pr N f a a September 11, 2003 MEMORANDUM TO: Raymond H. Moller, Director of Business Services FROM: William A. Cogley, Corporation Counsel , SUBJECT: City of Elgin and Kane County Forest Preserve License and Easement Agreement for Public, Pedestrian and Bicycle Path Adjacent to City' s Festival Park The Kane County Forest Preserve District has approved the above referenced License and Easement Agreement . Attached is a copy of the subject agreement executed by the district . Please prepare the appropriate committee of the whole memorandum and present the proposed agreement to the City Council . Please also be sure to familiarize yourself with the provisions of the agreement including, but not limited to, the requirements of Paragraphs 2, 3 and 4 . \OW WAC nr Attachment reb. • This Instrument Prepared by and Return After Recording to: William A. Cogley City of Elgin Legal Department 150 Dexter Court Elgin IL 60120-5555 LICENSE AND EASEMENT AGREEMENT THIS LICENSE AND EASEMENT AGREEMENT made and entered into q this 9i0 day of 5 ti g"- , 2003 , by and between the City of Elgin, an Illinois municipal corporation, (hereinafter referred to as the "City" ) , and the Forest Preserve District of Kane County, an Illinois municipal corporation (hereinafter referred to as the "Grantor" ) . WITNESSETH WHEREAS, the Grantor owns the real property in Kane County, Illinois, legally described on Exhibit A attached hereto (hereinafter referred to as the "Subject Premises") ; and WHEREAS, the City owns certain real property adjacent to the Subject Premises which the City intends to further improve as the City' s Festival Park; and WHEREAS, the City of Elgin desires to obtain a license and easement from Grantor over the Subject Premises for the improvement and use of the Subject Premises as a public pedestrian and bicycle path; and WHEREAS, the Grantor has agreed to grant such license and easement pursuant to the terms and conditions of this License and Easement Agreement . NOW, THEREFORE, for and in consideration of the mutual undertakings as set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows : 1 . That Grantor does hereby grant to the City a permanent and nonexclusive license and easement on, over, under, across and along the portion of Grantor' s property legally described on Exhibit A attached hereto and referred to herein as the Subject Premises allowing access over and use of said portion row of Grantor' s property as a public pedestrian and bicycle path (the "Permitted Use") including allowing the City the right to install, construct, operate, use, maintain, repair, service, upgrade, replace or remove improvements relating to such public pedestrian and bicycle path, and appurtenances relating thereto, including but not limited to, paving, lighting, benches and landscaping. 2 . That the City agrees that the City' s initial grading and construction of improvements in the Subject Premises shall be in substantial conformance with the Site Improvement Plans Segment 2—Festival Park, Part A, prepared by Hitchcock Design Group dated June 30, 2003 , except as same may be reasonably modified by the City to solve or address engineering, layout or design issues (hereinafter referred to as the "Subject Site Improvement Plans" ) . te. The City agrees to excavate and remove contaminated soils from the Subject Premises as provided in the Remediation Objectives Report 2 and Remedial Action Plan for Festival Park Site, Elgin, Illinois prepared by Terracon, dated June 2003, as amended as outlined in the Terracon letter of August 25, 2003, to Mr. Jeff Ward of Ward Environmental . The City shall provide Grantor with copies of all invoices and documents related to such environmental clean-up. 3 . That the City agrees that upon the City' s completion of construction of improvements in the Subject Premises to maintain the Subject Premises and to keep said premises open to the public as a public pedestrian and bike path. 4 . That the City agrees that during the City' s initial grading and construction improvements in the Subject Premises to post barricades and signage at both the south and north ends of the rilik Subject Premises closing the Subject Premises to public pedestrian and bicycle traffic during such grading and construction activities . The City also agrees that during such initial grading and construction of improvements in the Subject Premises to reroute the existing public path which runs through the Subject Premises so as to temporarily reroute such public path around the Subject Premises to the vicinity of Grove Avenue . 5 . That the City hereby agrees for itself, its agents and independent contractors to indemnify and hold Grantor and its successors harmless from third party claims for personal injuries, property damage or other claims arising directly as a result of the City' s work in the Subject Premises or arising as a result of the subsequent public use of the Subject Premises . 6 . That the Grantor and its successors shall not construct any structures or buildings on the Subject Premises, 3 plant any trees on the Subject Premises, grant any other interests in and to the Subject Premises which unreasonably interfere with the City' s Permitted Use of the Subject Premises nor undertake any other activities on the Subject Premises which unreasonably interfere with the City' s Permitted Use of the Subject Premises. 7 . That no amendment, revision or modification hereof shall be effective unless it is in writing and signed by all parties hereto. 8 . That this agreement constitutes the entire agreement between the parties and is intended as a complete and exclusive statement of the terms of the parties agreement, and it supersedes all prior and concurrent promises, representations, proposals, negotiations, discussions and agreements that may have been made in connection with the subject matter hereof . 9 . That this agreement shall be governed by and construed in accordance with the laws of the State of Illinois . 10 . That it is understood and agreed that the City may utilize the services of third party contractors, employees or other agents to perform work on the Subject Premises . The City shall provide for payment in full of the cost of all such services. 11 . That the Grantor hereby represents and warrants to the City that it is the fee simple title holder of the Subject Premises and that it has the full power and authority to enter into and make the grant of license and easement as provided herein. 12 . That this agreement shall be binding on the parties rhereto, their successors and permitted assigns and shall run with 4 the land. The City shall not have the right to assign any interest created hereunder. 13 . That this agreement shall be recorded by the City at the City' s cost with the Kane County Recorder. IN WITNESS WHEREOF, the parties have entered into and executed this License and Easement Agreement on the date and year first written above. CITY OF ELGIN, an Illinois FOREST P• SERVE DISTRICT municipal corporation OF KAN 4oUNTY • By BY OM Mayor Its •'1- - ' dent Attest : Attest : City Clerk Its S:a:ry aW' �```� "` w�h� - • STATE OF ILLINOIS ) 4 �`- .` SS. COUNTY OF K A N E ) I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, are personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their free and voluntary act of the uses and purposes therein set forth. Given under my hand an official seal, this day of , 2003 . Notary Public 5 • STATE OF ILLINOIS SS. COUNTY OF K A N E I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that I O AO �. AtS t/011∎A , President and ^hN GO4S61 , Secretary, are personally known to me to be the same persons whose name are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their free and voluntary act of the uses and purposes therein set forth. Given under my hand an official seal, this VS day of 5 , 2003 . 'OFFICIAL SEAL' I �►4 Robert J.Quinlan Notary f'ub l i c Notary Public,State of Illinois My Commission Ex,ires 03/15/06 F:\Legal Dept\Agreement\Easement-Kane Cty Forest Preserve Dist.doc r 6 Landmark ENGINEERING GROUP, INC. LEGAL DESCRIPTION OF THAT PART OF FESTIVAL PARK OWNED BY THE KANE COUNTY FOREST PRESERVE THAT PART OF LOT 26 IN J.T. GIFFORD'S ADDITION, LOTS I THROUGH 6 INCLUSIVE IN BLOCK B IN DAVIDSON'S GROVE AVENUE SUBDIVISION AND LOTS 2 THROUGH 8 INCLUSIVE IN BLOCK 4 AND PART OF LAKE STREET IN O. DAVIDSON'S ADDITION ALL THE ABOVE SUBDIVISIONS BEING IN PART OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF LOT I IN BLOCK 3 IN AFORESAID O. DAVIDSON ADDITION; THENCE SOUTHWESTERLY,ALONG THE NORTHWESTERLY LINE OF SAID LOT I ALSO BEING THE SOUTHEASTERLY -LINE OF THE AFORESAID LAKE STREET, A DISTANCE OF 197.50 FOR TILE POINT OF BEGINNING; THENCE CONTINUING SOUTHWESTERLY, ALONG SAID SOUTHEASTERLY LINE OF LAKE STREET, TO THE NORTHEASTERLY BANK OF THE FOX RIVER; THENCE NORTHWESTERLY, ALONG SAID NORTHEASTERLY BANK OF THE FOX RIVER TO THE SOUTHERLY LINE OF PRAIRIE STREET; THENCE EASTERLY ALONG SAID SOUTHERLY LINE TO A POINT 213.50 FEET WESTERLY OF THE POINT OF INTERSECTION OF SAID SOUTHERLY LINE WITH TIIE SOUTHWESTERLY LINE OF GROVE AVENUE; THENCE SOUTHEASTERLY TO A POINT ON A LINE THAT IS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF AFORESAID LOT 6 IN BLOCK B OF DAVIDSON'S GROVE AVENUE SUBDIVISION; THENCE NORTHWESTERLY, ALONG THE SOUTHWESTERLY LINE OF GROVE AVENUE, A DISTANCE OF 23.00 FEET;THENCE SOUTHWESTERLY PARALLEL WITH THE NORTHWESTERLY LINE OF SAID LOT 6, A DISTANCE OF 180.00 FEET FOR SAID POINT; THENCE SOUTHEASTERLY TO A POINT ON A LINE THAT IS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF AFORESAID LOT 6 IN BLOCK B OF DAVIDSON'S GROVE AVENUE SUBDIVISION; THENCE SOUTHEASTERLY, ALONG THE SOUTHWESTERLY OF GROVE AVENUE, A DISTANCE OF 5.00 FEET; THENCE SOUTHWESTERLY PARALLEL WITH THE NORTHWESTERLY LINE OF SAID LOT 6 A DISTANCE OF 181.50 FEET FOR SAID POINT; THENCE SOUTHEASTERLY TO A POINT ON THE SOUTHEASTERLY LINE OF LOT 5 IN BLOCK B OF AFORESAID DAVIDSON'S GROVE AVENUE SUBDIVISION THAT IS 185.30 FEET SOUTHWESTERLY OF THE SOUTHEASTERLY CORNER OF SAID LOT 5; THENCE SOUTHEASTERLY TO A POINT ON THE SOUTHEASTERLY LINE OF LOT 4 IN BLOCK B OF SAID DAVIDSON'S GROVE AVENUE SUBDIVISION T EXHIBIT- - t .0 D (� 2295 Valley Creek Drive 847. II (I�` Y Elgin,IL 60123 • 8882610 • fax 847.888.2629 Landmark ENGINEERING GROUP, INC. THAT IS 189.00 FEET SOUTHWESTERLY OF THE SOUTHEASTERLY CORNER OF SAID LOT 4; THENCE SOUTHEASTERLY TO A POINT ON THE SOUTHEASTERLY LINE OF LOT 3 IN BLOCK B OF SAID DAVIDSON'S GROVE AVENUE SUBDIVISION THAT IS 191.00 FEET SOUTHWESTERLY OF THE SOUTHEASTERLY CORNER OF SAID LOT 3; THENCE SOUTHEASTERLY TO A POINT ON THE SOUTHEASTERLY LINE OF LOT 2 IN BLOCK B OF SAID DAVIDSON'S GROVE AVENUE SUBDIVISION THAT IS 193.00 FEET SOUTHWESTERLY OF THE SOUTHEASTERLY CORNER OF SAID LOT 2; THENCE SOUTHEASTERLY TO A POINT ON THE SOUTHEASTERLY LINE OF LOT 1 IN BLOCK B OF SAID DAVIDSON'S GROVE AVENUE SUBDIVISION THAT IS 195.00 FEET SOUTHWESTERLY OF THE SOUTHEASTERLY CORNER OF SAID LOT I;THENCE SOUTHEASTERLY TO A POINT OF THE SOUTHEASTERLY LINE OF LOT 2 IN BLOCK 4 OF AFORESAID O. DAVIDSON'S ADDITION THAT IS 198.50 FEET SOUTHWESTERLY OF THE SOUTHEASTERLY CORNER OF SAID LOT 2;THENCE SOUTHEASTERLY TO A POINT ON THE SOUTHEASTERLY LINE OF LOT 4 IN BLOCK 4 OF SAID O. DAVIDSON'S ADDITION THAT IS 205.50 FEET SOUTHWESTERLY OF THE SOUTHEASTERLY CORNER OF SAID LOT 4;THENCE SOUTHEASTERLY TO A POINT ON THE SOUTHEASTERLY LINE OF LOT 5 IN BLOCK 4 OF SAID O. DAVIDSON'S ADDITION THAT IS 203.90 FEET SOUTHWESTERLY OF THE SOUTHEASTERLY CORNER OF SAID LOT 5;THENCE SOUTHEASTERLY TO A POINT OF THE SOUTHEASTERLY LINE OF LOT 6 IN BLOCK 4 OF SAID O. DAVIDSON'S ADDITION THAT IS 202.30 FEET SOUTHWESTERLY OF THE SOUTHEASTERLY CORNER OF SAID LOT 6;THENCE SOUTHEASTERLY TO A POINT ON THE SOUTHEASTERLY LINE OF LOT 7 IN BLOCK 4 OF SAID O. DAVIDSON'S ADDITION THAT IS 200.70 FEET SOUTHWESTERLY OF THE SOUTHEASTERLY CORNER OF SAID LOT 7;THENCE SOUTHEASTERLY TO A POINT ON THE SOUTHEASTERLY LINE OF LOT 8 IN BLOCK 4 OF SAID O. DAVIDSON'S ADDITION THAT IS 199.10 FEET SOUTHWESTERLY OF THE SOUTHEASTERLY CORNER OF SAID LOT 8; THENCE SOUTHEASTERLY TO THE POINT OF BEGINNING, SITUATED IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. (01-- 2295 Valley Creek Drive • Elgin,IL 60123 • 847.888.2610 • fax 847.888.2629