93-175 t
Resolution No. 93-175
RESOLUTION
AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT WITH THE
KANE COUNTY FOREST PRESERVE DISTRICT FOR PROPERTY LOCATED
BETWEEN NATIONAL STREET AND LAKE STREET
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that George VanDeVoorde, Mayor, and Dolonna Mecum,
City Clerk, be and are hereby authorized and directed to
execute an Easement Agreement for the grant of easement by the
Forest Preserve District of Kane County to the City of Elgin
for property located between National Street and Lake Street,
a copy of which is attached hereto and made a part hereof by
reference.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: June 23, 1993
Adopted: June 23, 1993
Vote: Yeas 7 Nays 0
Recorded:
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
EASEMENT AGREEMENT
r This agreement is entered into this -f c',M, day of
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LC Pt cc , 1993, between the City of Elgin, Illinois, a
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municipal corporation (hereinafter referred to as "City" ) , and the
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Kane County Forest Preserve (hereinafter referred to as "Forest
•
Preserve" ) .
Now, therefore, in consideration of the mutual promises
contained herein, the receipt and sufficiency of which are hereby
acknowledged it is hereby agreed:
1 . Subject to the limitations set forth below, the
Forest Preserve hereby grants an under-ground, above-ground
easement, and a construction easement (hereinafter referred to as
•
"Easements" ) to the City for ingress and egress for uses associated
o_ :with a riverboat gambling site, including parking, service,
cL _ eat ;„.
''`''y = "!m'Rintenance, structural support and pedestrian and vehicular
Tye, � �
CDc c+i tgAffic, which Easements shall be located between National Street
LIX 00 and Lake Street, Elgin, Illinois legally described as follows:
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That part of the Southwest Quarters of Section 13,
Township 41 North, Range 8 East of the Third Principal
Meridian, in the City of Elgin, Kane County, Illinois,
(.i; described as follows :
CD
T Beginning at the intersection of the North line of Lot 1
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in Block 3 of 0. Davidson' s Addition to Elgin with the
Easterly right-of-way line of the former Chicago, Aurora
c and Elgin Railway; thence South 38 degrees 38 minutes 39
CD seconds East (assumed bearing) along said Easterly right--
CM of-way line extending through part of Lots 1 through 4 in
Block 3 of said 0. Davidson' s Addition, 264. 16 feet to a
point of the Southerly line of Lot 4 in said Block 3 that
& 1/45:' is 191 .06 feet Southwesterly of the most Easterly corner
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of said Lot 4 (as measured along said Southerly line) ;
thence South 52 degrees 54 minutes 18 seconds West along
said Southerly line 23. 94 feet to a point that is 215 . 0
feet Southwesterly of said most Easterly corner (as
measured along said Southerly line) : thence South 37
degrees 15 minutes 05 seconds East extending through part
of Lots 5 and 6 in said Block 3, a distance of 132 .05
feet to a point in the Southerly line of said Lot 6 that
is 215 . 0 feet Southwesterly of the most Easterly corner
of said Lot 6 (as measured along the Southerly line
thereof) ; thence North 52 degrees 54 minutes 18 seconds
East along said Southerly line 27. 17 feet; thence south
38 degrees 38 minutes 57 seconds East along the Easterly
right-of-way line of said Chicago, Aurora and Elgin
Railway extending through part of Lots 7, 8, and 9 in
said Block 3, a distance of 198 . 14 feet to a point of the
Southerly line of said Lot 9 that is 183. 0 feet
Southwesterly of the most Easterly corner of said Lot 9
(as measured along the Southerly line thereof) ; thence
South •49 degrees 58 minutes 07 seconds East along said
right-of-way line extending through part of Lots 10, 11
and 12 in said Block 3, a distance of 186 . 25 feet to a
point on the Southerly line of the Northwesterly three-
quarters of said Lot 12 that is 142 .0 feet Southwesterly
of the Westerly line of Grove Avenue (as measured along
said Southerly line) ; thence South 26 degrees 16 minutes
27 seconds East along said right-of-way line, 100. 62 feet
to a point on the Northerly line of National Street that
is 163. 99 feet Westerly of the Westerly line of Grove
Avenue (as measured along said Northerly line of National
Street) ; thence South 63 degrees 24 minutes 56 seconds
West along said Northerly line, 195 feet, more or less,
to the Easterly shoreline of the Fox River; thence
Northwesterly along said shoreline, 841 feet, more or
less, to the North line of Lot 1 aforesaid; thence North
52 degrees 54 minutes 18 seconds East along said North
line, 95 feet, more or less, to the Point of Beginning.
Said parcel contains 2 .73 acres, more or less.
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C0 2 . Only during the period of construction of the
riverboat gambling facility, the City, with prior written approval
of the Forest Preserve may reroute the existing bicycle path, which
is on the property described in this Easement, to a suitable
alternative. At the conclusion of the construction period, the
City shall return the bicycle path through the Easement area and ,,.
shall be paid for solely by the City, its successors and/or
assigns, and any reasonable expenses incurred by the Forest
Preserve in connection therewith, including reasonable attorney' s
fees shall be paid by the City, its successors and/or its assigns.
3(a) . The Easement shall become effective upon the last to
occur of the following: 1 ) preliminary finding of suitability for
a riverboat gambling license by the State of Illinois for
operations adjacent to the Easement location, 2) receipt of any
required Corps of Engineers site permit and 3) State of Illinois
Division of Water Resources waterway permit(s) . Thereafter, if the
gambling facility shall at any time for a consecutive period of
three months or longer discontinue use of the Easement in its
operations as a riverboat gambling facility, the Easement granted
hereunder shall terminate and all rights granted hereunder shall
revert to the Forest Preserve.
3(b) . The foregoing time period shall be extended in the
event the failure to use the Easement is caused by a "Force Majeure
Event" (as hereinafter defined) , in which case, the permitted time
period for failure to use the Easement shall be equal to that
period during which the Force Majeure Event continues or, if the
Force Majeure Event is a casualty, that reasonable period of time
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necessary for Elgin (or its tenants, successors, and assigns) to
cause all damage caused by such casualty to be repaired using due
diligence. A "Force Majeure Event" shall mean any event, the
occurrence of which is beyond the reasonable control of Elgin (or
3
its successors, and assigns) , including without limitation,
strikes, lockouts, war, insurrection, civil commotion, casualty, or
materials shortages.
4. City shall hold the Forest Preserve harmless from
any and all suits, claims, causes of action or other liability
arising out of use of the Easements by the City or its successors
and assigns.
5 . In connection with the use of the Easements, City or
-- its successors and assigns shall not unreasonably restrict public
access to the Fox River or the Forest Preserve bike path or
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facilities which are located upon or about the Easements.
6. City shall reasonably cooperate with Forest Preserve
,, in any future efforts of Forest Preserve to construct a bike trail
a underpass adjacent to the Easement at National Street.
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N 7. This agreement is conditional on construction of a .
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ro o gambling facility, adjacent to the Easement, subject to the
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vcn issuance of any license or permit required by state, federal or
li o local law or regulation.
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