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HomeMy WebLinkAbout14-83 Recorded Resolution No. 14-83 AQ(oA RESOLUTION AUTHORIZING EXECUTION OF A GRANT OF EASEMENT AGREEMENT FOR A PORTION OF THE FOX RIVER TRAIL FROM THE KANE COUNTY FOREST PRESERVE DISTRICT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a grant of easement agreement for a portion of the Fox River Trail from the Kane County Forest Preserve District for the property legally described on Exhibit A, a copy of which is attached hereto. s/David J. Kaptain David J. Kaptain, Mayor Presented: June 25, 2014 Adopted: June 25, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk f t I 201 4K032098 SANDY WEGMAN RECORDER - KANE COUNTY, IL RECORDED: 7/3/2(04 NB:31 �! NEC FEE: 35,b0 PAGES: 7 FOR RECORDER'S USE GRANT OF EASEMENT This Grant of Easement ("Agreement") made this 25thday of June , 2014, by and between the FOREST PRESERVE DISTRICT OF KANE COUNTY (hereinafter referred to as "Grantor") and the CITY OF ELGIN, an Illinois Municipal corporation(hereinafter referred to as"City"). WHEREAS, Grantor is the owner of a certain real property situated in the County of Kane, Illinois, such property being commonly known as the Fox River Trail; and WHEREAS, the City intends to acquire real estate which is located between the Fox River and that portion of the Grantor's Fox River Trail located westerly of the easterly right-of-way line of Bellevue Avenue extended and easterly of the westerly right-of-way line of Logan Avenue extended, such portion of the Grantor owned Fox River Trail being legally described in Exhibit A attached hereto and being depicted in Exhibit B attached hereto (hereinafter"Subject Portion of the District Parcel"); and WHEREAS, the City has requested an access easement from the Grantor over and across the Subject Portion of the District Parcel to allow access to the adjacent real estate owned and which may hereinafter be acquired by the City. NOW, THEREFORE, in consideration of the acceptance of this grant by the City and for other good and valuable consideration, the Grantor grants to the City and its agents and invitees over, upon and across the Subject Portion of the District Parcel a right of access over, upon and across the Subject Portion of the District Parcel to the adjacent real estate owned or hereinafter acquired by the City subject to the following terms and conditions: 3� r 1. The right of access granted herein shall be limited to crossing over and through the Subject Portion of the District Parcel for access to adjacent City owned real estate. Such access shall not interfere with the Grantor's full use and enjoyment of the Subject Portion of the District Parcel and such access shall not cause the closure or blocking of the trail located on the Subject Portion of the District Parcel at any time. 2. The City shall not erect or construct any signage or improvements of any nature on the Subject Portion of the District Parcel. 3. The parties acknowledge that the use of the access prior to this grant has been relatively minimal residential access by occupants of a few homes adjacent to the Subject Portion of the District Parcel; accordingly, the District's Fox River Trail has not been adversely impacted by such access. The parties agree that to the extent the access hereby granted or expanded public use of the City properties served by this easement causes excessive wear or damage to the Fox River Trail within the Subject Portion of the District Parcel, the parties will cooperate to share the cost of upkeep and maintenance of the Fox River Trail surface in the Subject Portion of the District Parcel. To assure the Grantor of having input on development of the City property served by the easement, City agrees that any proposed use of the City property served by the easement other than (a) continuing the use by and for the current single family residences located thereon or (b) future public open space or public park (with no additional on-site parking associated with same) shall, as a condition of this easement grant, require the approval of the Grantor. [Signature Page Follows] 2 v , In Witness Whereof the parties hereto have caused these presents to be signed and delivered by their respective authorized agents the day and year first above-written. GRANTOR: City: FOREST PRESERVE DISTRICT OF CITY OF ELGIN KANE CO iiir' • IVA By: —�1/E BY: 4( e /' _/. '�/� Its Pr: �. nt ' Its �) •yor ATTEST: ATTEST: Y / Its Assistant Secretary Its Clerk 3 e ' STATE OF ILLINOIS ) . S.S. COUNTY OF KANE ) I, the undersigned, a Notary Public in and for said County and State aforesaid, do hereby certify that JOHN J. HOSCHEIT, personally known to me to be the President of the Forest Preserve District of Kane County, an Illinois Forest Preserve District, and Michael Kenyon,personally known to me to be the Secretary of said District, and 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 severally acknowledged that as such President and Assistant Secretary, they signed and delivered the said instrument as President and Assistant Secretary of said District. Given under my hand and official seal this /' day of fine_ , 2014. AZT Notary Public My Commission Expires: D7o' /e 4)/S- OFFICIAL SEAL PATRICIA L NESTERS NOTARY PUBLIC,STATE OF WNOIS STATE OF ILLINOIS ) MY COMMISSION WIRES O409/2015 . S.S. COUNTY OF KANE ) I, the undersigned, a Notary Public in and for the County and State aforesaid, do hereby certify that David J. Kaptain, personally known to me to be the of Mayor of the City of Elgin, and Kimberly A. Dewis personally known to me to be the Clerk of the City of Elgin, and 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 severally acknowledged that as such Mayor and Clerk, they signed and delivered the said instrument as the Mayor and Clerk of the City. Given under my hand and official seal this 25th day of June , 2014. -(■;.-AN■ %.%A"‘\)VL- A.N.MiTc otary Public My Commission Expires:Ij 'A©As i "OFFICIAL SEAL" BARBARA E.FURMAN Notary Public,State of Illinois My Commission Expires 08/06/15 Prepared by aeturu.te: Gerald K.Hodge R ETVRN ro ; Kinnally,Flaherty,Krentz& Loran,P.C. 2114 Deerpath Road W I L.L�4 fr) C o 6.2 4)/ Aurora,IL 60506 C)ry off' CL G id /5-0 D4--XTE,2 e T• ELG//V1 /L 4o/20 4 4 Exhibit A Legal Description of Subject Portion of the District Parcel THAT PART OF THE FORMER CHICAGO NORTH WESTERN TRANSPORTATION COMPANY RAILROAD RIGHT OF WAY (NOW FOREST PRESERVE DISTRICT OF KANE COUNTY LAND CONVEYED BY DEED DOCUMENT 1711914) LYING WESTERLY OF THE EASTERLY RIGHT-OF- WAY LINE OF BELLEVUE AVENUE EXTENDED AND EASTERLY OF THE WESTERLY RIGHT-OF- WAY LINE OF LOGAN AVENUE EXTENDED, IN SECTION 1 TOWNSHIP 41 NORTH RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN IN THE CITY OF ELGIN KANE COUNTY ILLINOIS. 5 �;y � 1 r `g'' r- YI vs- a 1 . 1 ( I a; I , 's Syr, "`-s `a s 3 >: - . .- 3 5" h a . - -4 t 22-i4, * ,;. r T t f k c i 'm- i'� € ' c a k 'r � -E t t . , ELGIN t % �. t h -- 4 r t k � �4 M., nsawrwwar...rr A ,". F f v� '' b ro. .L� .- 4=t°' fkal .:--r._ U� _ Exhibit B