03-286 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'
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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
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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- -
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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