07-26 L`'�y OF �Ci
7G C klr Memorandum
City of Elgin
iii;
G*9 TED
Date: March 15, 2007
To: Loni Mecum, City Clerk
From: William A. Cogley, Corporation Counsel
Subject: Intergovernmental Agreements with the Kane County Forest Preserve District
Regarding the City's West Area Regional Park and Regarding the Bumidge and
Eagles Club Property
Attached for the City Clerk's files are original fully executed copies of the above-referenced
intergovernmental agreements, along with copies of the closing documents.
(1/detlit
WAC
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Attachments
Resolution No. 07-26
RESOLUTION
AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT
AND LICENSE AGREEMENT WITH THE FOREST PRESERVE DISTRICT
OF KANE COUNTY REGARDING THE SALE OF A PORTION OF THE
CITY'S WEST AREA REGIONAL PARK PROPERTY
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 an Intergovernmental Agreement and License Agreement with the Forest Preserve District of
Kane County on behalf of the City of Elgin in connection with the sale of a portion of the City's West
Area Regional Park Property,a copy of which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: February 14, 2007
Adopted: February 14, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
s/Jennifer Quinton
Jennifer Quinton, Deputy City Clerk
■
01/12/07
INTERGOVERNMENTAL AGREEMENT
THIS INTERGOVERNMENTAL AGREEMENT (this "Agreement") is made and
entered into as of the 14th'day of February, 2007, 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 forest preserve district (hereinafter referred to as the "District").
WITNES SETH:
WHEREAS, Article 7, Section 10 of the constitution of the State of Illinois, 1970,
authorize units of local government, including municipalities and forest preserve districts, to
enter into contracts to exercise, combine or transfer powers or functions not prohibited to them
by law or ordinance; and
WHEREAS, the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) authorizes
units of local government of Illinois to exercise jointly with any other public agency within the
State, including other units of local government, any power, privilege, or authority which may be
exercised by a unit of local government individually and to enter into contracts for the
performance of governmental services, activities and undertakings; and
WHEREAS, Section 7b of the Down State Forest Preserve District Act (720 ILCS
805/7b) authorizes the board of any forest preserve district organized under that Act to issue
licenses for any activity reasonably connected with the purpose for which the forest preserve
district has been created; and
WHEREAS, the City is a home rule unit which may exercise any power, perform any
function relating to its government and affairs; and
WHEREAS, the City has previously acquired the property consisting of 223.2003 gross
acres on the north side of Plank Road west of Switzer Road for the purpose of a new city
regional park, such property being legally described on Exhibit "A" attached hereto and
incorporated herein by this reference (hereinafter referred to as the"Subject Property"); and
WHEREAS, the City and the District wish to agree to provide for a sale of a portion of
the Subject Property from the City to the District and for the District to grant a license to the City
for the use of such portion of the Subject Property as part of the City's regional park property;
and
WHEREAS, this Agreement is entered into to facilitate the sale of a portion of the
Subject Property from the City to the District, for the use of such portion of the Subject Property
as part of the City's regional park facility, and to facilitate the development of such portion of the
Subject Property for the purpose of recreational programming and recreational site development
as hereinafter described in this Agreement that will benefit and continue to permit Kane County
residents to use a portion of the Subject Property for certain activities under the supervision and
control of the City; and
•
WHEREAS, the various undertakings by the District in this Agreement relate to the
government and affairs of the District; and
WHEREAS, the various undertakings by the City in this Agreement relate to the
government and affairs of the City.
NOW, THEREFORE, for and consideration of the mutual promises and undertakings set
forth herein, and for other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the parties hereto agree as follows:
1. Incorporation of Recitals. The foregoing recitals to this Agreement are
substantive and are hereby incorporated into the Agreement as though fully set forth herein.
2. Agreement to Purchase. The District agrees to purchase from the City at the price
of One Million Eight Hundred Twenty-One Thousand One Hundred Sixty-three and 50/100
Dollars ($1,821,163.50) on the terms set forth herein, the portion of the Subject Property
consisting of approximately 93.3930 gross acres, legally described on Exhibit `B" attached
hereto and incorporated herein by this reference (such real estate legally described in Exhibit`B"
is hereinafter referred to as the "District Parcel"). At the Closing, the District shall pay to the
City the total purchase price, plus or minus prorations.
3. Agreement to Sell. The City agrees to sell to the District the District Parcel
described above at the price and terms set forth herein, and to convey or cause to be conveyed to
the District title thereto by recordable Special Warranty Deed, with a release of homestead rights,
and subject to: general real estate taxes for the year 2005 and subsequent years; public utility
easements of record; rights of the public, the State of Illinois and the City in and to that part of
the land, if any, taken or used for road purposes; rights of way for drainage tiles, ditches, feeders,
laterals and unrecorded pipes, if any; drainage assessments levied or which may be levied by the
Plato and Rutland Drainage District; grant made to the Illinois Bell Telephone Company
recorded December 17, 1959 as document 908704 granting the right to install and maintain all
equipment for the purpose of serving the land and other property with telephone service; rights
of owners of land bordering on the north Plato ditch and Pingree Creek as shown on the survey
of V-3 Consultants dated April 27, 2005, number 04008TPL in respect to the water and use of
the surface of said bodies of water; poles and overhead wires along Plank Road as shown on
survey of V-3 Consultants dated April 27, 2005 number 04008TPL; acts done or suffered by the
District, or anyone claiming, by, through or under the District; and the license agreement
between the District and the City described in this Agreement.
4. Survey. The City and the District each acknowledge and agree that the City has
previously provided to the District a survey of the District Parcel prepared by V-3 Consultants
dated July 26, 2005, revised December 14, 2005, Project Number 04008ELGN. The City shall
not be required to furnish any other survey of the District Parcel.
5. Closing. The time of closing ("Closing" or "Closing Date") shall be within thirty
(30) days of entering into this Agreement or such other date as may hereafter be agreed to by the
parties, or on the date, if any, to which such time is extended by reason of Section 8 hereafter
becoming operative. In addition thereto, the Closing shall occur simultaneously with the City
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and the District entering into the License Agreement between the City and the District regarding
the so-called Eagles Club Property and Burnidge Property. Unless subsequently mutually agreed
otherwise, Closing shall take place at the office of the Escrowee (as hereinafter defined),
provided title is shown to be good or is accepted by District.
6. Commissions. City and District each warrant to the other that they have dealt
with no real estate broker in connection with this transaction. Each party agrees to indemnify,
hold harmless and defend the other party from any loss, costs, damages or expense (including
reasonable attorney's fees) arising out of a breach of the warranty contained in this Section 6.
7. Title. City shall deliver or cause to be delivered to District or District's agent, not
less than ten (10) days prior to the Closing, at City's expense, a title commitment for a 1970
ALTA owner's title insurance policy issued by Chicago Title Insurance Company (the "Title
Company") in the amount of the purchase price and including extended coverage over the so-
called "general exceptions" to the policy, covering title to the District Parcel on or after the date
hereof, showing title in the intended grantor subject only to (a) the title exceptions set forth in
Section 3 above, (b) title exceptions pertaining to liens or encumbrances of a definite or
ascertainable amount which may be removed by the payment of money at the time of Closing
and which the City shall so remove at that time by using the funds to be paid upon the delivery of
the deed, (c) acts of District and all parties acting through or for District and (d) zoning laws,
statutes and ordinances. At Closing, City also shall furnish District an affidavit of title in
customary form covering the date of Closing and showing title in City subject only to the
permitted exceptions.
8. Title Clearance. If the title commitment or plat of survey discloses either
unpermitted exceptions or survey matters that render the title not in conformance with the
provisions of this Agreement (herein referred to as "survey defects"), City shall have thirty (30)
days from the date of delivery thereof to have the exceptions removed from the commitment or
to correct such survey defects or, if District so approves in writing, to have the title company
commit to insure against loss or damage that may be occasioned by such exceptions or survey
defects, and, in such event, the time of Closing shall be twenty (20) days after the delivery of the
commitment or the time expressly specified in Section 5 hereof, which ever is later. If City fails
to have the exceptions removed or correct any survey defects, or in the alternative, to obtain the
commitment for title insurance specified above as to such exceptions or survey defects (if
District so approves in writing) within the specified time, District may terminate this Agreement
or may elect, upon notice to City within ten (10) days after the expiration of the 3-day period, to
take title as it then is. If District does not so elect, this Agreement shall become null and void
without further actions of the parties.
9. Prorations. General taxes for the year 2005 payable in 2006 and the portion of
general real estate taxes for 2006 which accrues to the date of Closing shall be adjusted ratably
as of the time of Closing. If the amount of the current general taxes is not then ascertainable, the
adjustment thereof, except for that amount which may occur by reason of new improvements,
shall be on the basis of 105% of the amount of the most recent ascertainable taxes, subject to
reproration when the amount thereof becomes ascertainable. City shall pay the amount of any
stamp tax imposed by state or county law or local ordinance on the transfer of title, if any, and
furnish a completed real estate transfer declaration signed by City or City's agent in the form
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•
required pursuant to the Real Estate Transfer Tax Act of the State of Illinois, and shall furnish
any declaration signed by City or City's agent or meet other requirements as established by any
county or local ordinance with regard to a transfer or transaction tax.
10. Closing Documents. In addition to the deed, affidavit of title, transfer
declarations and other documents described in this Agreement, City shall deliver or cause to be
delivered to District at Closing the following:
(a) an ALTA statement signed by City;
(b) a title policy or marked-up commitment in the amount of the purchase
price, dated on the Closing Date, insuring title in the District, in the
condition required under Section 7; and
(c) a Plat Act Affidavit, if applicable.
11. Default. City and District agree that, in the event of a default by either party the
other party shall, prior to taking any such action as may be available to it, provide written notice
to the defaulting party stating that they are giving the defaulted party thirty (30) days within
which to cure such default. If the default shall not be cured within the thirty (30) days prior
aforesaid, the party giving such notice shall be permitted to avail itself of remedies to which it
may be entitled under this Agreement.
12. Remedies. In the event that either party fails or refuses to carry out its obligations
under this Agreement the other party shall be free to pursue any available legal remedies at law
or in equity.
13. Escrow. This sale shall be closed through an escrow (the "Escrow")with Chicago
Title and Trust Company ("Escrowee"), in accordance with the provisions of the Deed and
Money Escrow Agreement then in use by Escrowee, with such special provisions inserted in the
escrow agreement as may be required to conform with this Agreement. Upon the creation of
such Escrow, payment of the purchase price and delivery of deed shall be made through the
Escrow and the earnest money shall be deposited in the Escrow. The cost of the Escrow and any
so-called "New York Style" closing fee shall be divided equally between City and District.
District and City shall make all deposits into the escrow in a timely manner to permit the
Escrowee to disburse the Escrow on the Closing Date.
14. Time. Time is of the essence of this Agreement.
15. Manner of Payment. Any payments herein required to be made at the time of
Closing shall be by certified check, cashier's check, or wire transfer.
16. Notices. All notices herein required shall be in writing and shall be served on the
parties at the following addresses:
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City: City of Elgin
Attention: City Manager
150 Dexter Court
Elgin, IL 60120-5555
With a copy to: William A. Cogley
Corporation Counsel
City of Elgin
150 Dexter Court
Elgin, IL 60120-5555
District: Forest Preserve District of Kane County
Attention: President
719 Batavia Avenue, Building G
Geneva, IL 60134
With a copy to: Patrick M. Kinnally, Esq.
Kinnally, Krenz, Loren, Hodge & Herman P.C.
2114 Deerpath Road
P. 0. Box 5030
Aurora, IL 60507
The mailing of a notice by registered or certified mail, return receipt requested, or personal
delivery by courier service shall be sufficient service. Notices may also be served on the
attorneys for the parties by use of a facsimile machine with proof of transmission and a copy of
the notice with proof of transmission being sent by regular mail on the date of transmission.
17. Interpretation. This Agreement shall be construed, and the rights and obligations
of City and District hereunder, shall be determined in accordance with the laws of the State of
Illinois without reference to its conflict of laws rules.
18. Failure to Enforce Provisions. The failure by a party to enforce any provision of
this Agreement against the other party shall not be deemed a waiver of the right to do so
thereafter.
19. Amendments. This Agreement may be modified or amended only in writing
signed by the parties hereto, or their permitted successor or assigns, as the case may be.
20. Entire Agreement. This Agreement contains the entire agreement and
understanding of the parties herein, all prior agreements and undertakings having been merged
herein and extinguished hereby.
21. Joint and Collective Work Product. This Agreement is and shall be deemed and
construed to be a joint and collective work product of the District and the City, and, as such, this
Agreement shall not be construed against the other party, as the otherwise purported drafter of
same, by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity,
vagueness or conflict, if any, and the terms or provisions contained herein.
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22. Assignment. This Agreement shall be binding on the parties hereto and their
respective successors and permitted assigns. This Agreement and the obligations hereunder may
not be assigned without the express written consent of each of the parties hereto.
23. Uniform Vendor and Purchase Risk Act. The parties agree that the provisions of
the Uniform Vendor and Purchase Risk Act of the State of Illinois (765 ILCS 65/1 et seq.) shall
be applicable to this Agreement.
24. License Agreement. The District and the City shall concurrently with the Closing
of the sale of the District Parcel from the City to the District enter into the license agreement
providing for a grant of a license from the District to the City for the use of the District Parcel,
such license agreement being attached hereto and incorporated into this Intergovernmental
Agreement as Exhibit "C". The term of such license agreement shall commence with the
Closing of the sale of the District Parcel from the City to the District and shall continue for a
term of ninety-nine (99) years from such date.
25. Effective Date. The effective date of this Agreement shall be the date on which
this Agreement is approved by the respective legislative bodies of the City and the District.
IN WITNESS WHEREOF, the parties have set their hands and seals the day and year
first written above and the signatories hereto represent that they are duly authorized to execute
the Agreement on behalf of their respective bodies.
CITY OF ELGIN, an Illinois FO' 'i SERVE DISTRICT OF
Municipal corporation, I TY ILLINOIS
illi
By: By: -ass1,'
Mayor Its 1-•dent
Attest: Attest:
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City Clerk ItsiSecretary/Treasurer
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EXHIBIT"A"
LEGAL DESCRIPTION OF ENTIRE SUBJECT PROPERTY
PARCEL 1
PART OF THE EAST HALF OF THE NORTHEAST QUARTER AND PART OF THE EAST HALF
OF THE SOUTHEAST QUARTER OF SECTION 10, AND ALSO PART OF THE WEST HALF OF
THE NORTHWEST QUARTER OF SECTION 11, ALL IN TOWNSHIP 41 NORTH, RANGE 7 EAST
OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE CENTER LINES OF PLANK AND
MUIRHEAD ROADS (AS SHOWN LOCATED ON A PLAT RECORDED JULY 20, 1988 AS
DOCUMENT NUMBER 1921746); THENCE NORTH 80 DEGREES 06 MINUTES 47 SECONDS
WEST ALONG THE CENTERLINE OF SAID PLANK ROAD 116.36 FEET TO A POINT ON THE
WEST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 10;
THENCE NORTH 00 DEGREES 14 MINUTES 38 SECONDS WEST ALONG SAID WEST LINE
FOR 828.61 FEET TO THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE
NORTH 00 DEGREES 03 MINUTES 26 SECONDS EAST ALONG THE WEST LINE OF THE EAST
HALF OF THE NORTHEAST QUARTER OF SAID SECTION 10 FOR 2605.41 FEET TO A LINE
THAT IS 60.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE EAST HALF
OF THE NORTHEAST QUARTER OF SAID SECTION 10; THENCE NORTH 89 DEGREES 12
MINUTES 25 SECONDS EAST ALONG SAID PARALLEL LINE FOR 1336.16 FEET; THENCE
NORTH 88 DEGREES 30 MINUTES 16 SECONDS EAST ALONG A LINE 60.00 FEET SOUTH OF
AND PARALLEL WITH THE NORTH LINE OF SAID NORTHWEST QUARTER OF SECTION 11
FOR 273.38 FEET; THENCE SOUTH 01 DEGREES 29 MINUTES 44 SECONDS EAST 291.97 FEET
TO A POINT OF TANGENCY; THENCE SOUTHWESTERLY ALONG THE ARC OF A CURVE
CONCAVE TO THE WEST, HAVING A RADIUS OF 500.00 FEET, A CHORD BEARING OF
SOUTH 16 DEGREES 08 MINUTES 59 SECONDS WEST, FOR AN ARC LENGTH OF 307.97 FEET
TO A POINT OF REVERSE CURVATURE; THENCE SOUTHWESTERLY ALONG AN ARC OF A
CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 1000.00 FEET, A CHORD BEARING
OF SOUTH 05 DEGREES 32 MINUTES 32 SECONDS WEST, FOR AN ARC LENGTH OF 986.21
FEET; THENCE SOUTH 67 DEGREES 30 MINUTES 00 SECONDS WEST 513.05 FEET; THENCE
SOUTH 22 DEGREES 30 MINUTES 00 SECONDS WEST 161.68 FEET; THENCE SOUTH 22
DEGREES 30 MINUTES 00 SECONDS EAST 417.27 FEET; THENCE SOUTH 67 DEGREES 30
MINUTES 27 SECONDS WEST 209.90 FEET; THENCE SOUTH 22 DEGREES 30 MINUTES 54
SECONDS WEST 155.57 FEET; THENCE SOUTH 22 DEGREES 50 MINUTES 34 SECONDS EAST
861.76 FEET; THENCE SOUTH 09 DEGREES 53 MINUTES 13 SECONDS WEST 378.78 FEET TO
THE CENTERLINE OF SAID PLANK ROAD; THENCE NORTH 80 DEGREES 06 MINUTES 47
SECONDS WEST ALONG SAID CENTERLINE FOR 100.00 FEET; THENCE NORTH 09 DEGREES
53 MINUTES 13 SECONDS EAST 360.00 FEET; THENCE NORTH 80 DEGREES 06 MINUTES 47
SECONDS WEST 605.00 FEET; THENCE SOUTH 09 DEGREES 53 MINUTES 13 SECONDS WEST
360.00 FEET TO THE CENTERLINE OF SAID PLANK ROAD; THENCE NORTH 80 DEGREES 06
MINUTES 47 SECONDS WEST ALONG SAID CENTER LINE FOR 275.00 FEET TO THE PLACE
OF BEGINNING, ALL IN THE TOWNSHIP OF PLANO, KANE COUNTY, ILLINOIS.
PARCEL 2
PART OF THE EAST HALF OF THE NORTHEAST QUARTER AND PART OF THE EAST HALF
OF THE SOUTHEAST QUARTER OF SECTION 10, AND ALSO PART OF THE WEST HALF OF
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THE NORTHWEST QUARTER OF SECTION 11, ALL IN TOWNSHIP 41 NORTH, RANGE 7 EAST
OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER LINES OF PLANK AND
MUIRHEAD ROADS (AS SHOWN LOCATED ON A PLAT RECORDED JULY 20, 1988 AS
DOCUMENT NUMBER 1921746); THENCE SOUTH 80 DEGREES 06 MINUTES 47 SECONDS
EAST ALONG CENTERLINE OF SAID PLANK ROAD FOR 980.00 FEET TO THE PLACE OF
BEGINNING; THENCE NORTH 09 DEGREES 53 MINUTES 13 SECONDS EAST 378.78 FEET;
THENCE NORTH 22 DEGREES 50 MINUTES 34 SECONDS WEST 861.76 FEET; THENCE NORTH
22 DEGREES 30 MINUTES 54 SECONDS EAST 155.57 FEET; THENCE NORTH 67 DEGREES 30
MINUTES 27 SECONDS EAST 209.90 FEET; THENCE NORTH 22 DEGREES 30 MINUTES 00
SECONDS WEST 417.27 FEET; THENCE NORTH 22 DEGREES 30 MINUTES 00 SECONDS EAST
161.68 FEET; THENCE NORTH 67 DEGREES 30 MINUTES 00 SECONDS EAST 513.05 FEET TO A
NON-TANGENTIAL CURVE; THENCE NORTHEASTERLY ALONG AN ARC OF A CURVE
CONCAVE TO THE EAST, HAVING A RADIUS OF 1000.00 FEET, A CHORD BEARING OF
NORTH 05 DEGREES 32 MINUTES 32 SECONDS EAST, FOR AN ARC LENGTH OF 986.21 FEET
TO A POINT OF REVERSE CURVATURE; THENCE NORTHEASTERLY ALONG THE ARC OF A
CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 500.00 FEET, A CHORD BEARING
OF NORTH 16 DEGREES 08 MINUTES 59 SECONDS EAST, FOR AN ARC LENGTH OF 307.97
FEET TO A POINT OF TANGENCY; THENCE NORTH 01 DEGREES 29 MINUTES 44 SECONDS
WEST 291.97 FEET; THENCE SOUTH 88 DEGREES 30 MINUTES 16 SECONDS WEST ALONG A
LINE 60.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID NORTHWEST
QUARTER OF SECTION 11 FOR 273.38 FEET; THENCE SOUTH 89 DEGREES 12 MINUTES 25
SECONDS WEST 1336.16 FEET TO THE WEST LINE OF THE EAST HALF OF THE NORTHEAST
QUARTER OF SAID SECTION 10; THENCE NORTH 00 DEGREES 03 MINUTES 26 SECONDS
EAST ALONG THE WEST LINE OF THE EAST HALF OF THE NORTHEAST OF SAID SECTION
10 FOR 60.01 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF THE NORTHEAST
QUARTER OF SAID SECTION 10; THENCE NORTH 89 DEGREES 12 MINUTES 25 SECONDS
EAST ALONG THE NORTH LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF
SAID SECTION 10 FOR 1334.90 FEET TO THE NORTHEAST CORNER OF THE EAST HALF OF
THE NORTHEAST QUARTER OF SAID SECTION 10; THENCE NORTH 88 DEGREES 30
MINUTES 16 SECONDS EAST ALONG THE NORTH LINE OF THE WEST HALF OF
NORTHWEST QUARTER OF SECTION 11 FOR 1343.19 FEET TO THE NORTHEAST CORNER OF
THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 11; THENCE SOUTH 00
DEGREES 18 MINUTES 30 SECONDS WEST 2662.27 FEET ALONG THE EAST LINE OF THE
WEST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 11 TO THE SOUTHEAST
CORNER OF THE WEST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 11;
THENCE SOUTH 00 DEGREES 13 MINUTES 53 SECONDS EAST ALONG THE EAST LINE OF
THE WEST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID
SECTION 11 FOR 1350.30 FEET TO THE CENTERLINE OF SAID PLANK ROAD; THENCE
NORTH 80 DEGREES 06 MINUTES 47 SECONDS WEST 1611.63 FEET TO THE PLACE OF
BEGINNING, ALL IN THE TOWNSHIP OF PLANO, KANE COUNTY, ILLINOIS.
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EXHIBIT "B"
PARCEL 1
PART OF THE EAST HALF OF THE NORTHEAST QUARTER AND PART OF THE EAST HALF
OF THE SOUTHEAST QUARTER OF SECTION 10, AND ALSO PART OF THE WEST HALF OF
THE NORTHWEST QUARTER OF SECTION 11, ALL IN TOWNSHIP 41 NORTH, RANGE 7 EAST
OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE CENTER LINES OF PLANK AND
MUIRHEAD ROADS (AS SHOWN LOCATED ON A PLAT RECORDED JULY 20, 1988 AS
DOCUMENT NUMBER 1921746); THENCE NORTH 80 DEGREES 06 MINUTES 47 SECONDS
WEST ALONG THE CENTERLINE OF SAID PLANK ROAD 116.36 FEET TO A POINT ON THE
WEST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 10;
THENCE NORTH 00 DEGREES 14 MINUTES 38 SECONDS WEST ALONG SAID WEST LINE
FOR 828.61 FEET TO THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE
NORTH 00 DEGREES 03 MINUTES 26 SECONDS EAST ALONG THE WEST LINE OF THE EAST
HALF OF THE NORTHEAST QUARTER OF SAID SECTION 10 FOR 2605.41 FEET TO A LINE
THAT IS 60.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE EAST HALF
OF THE NORTHEAST QUARTER OF SAID SECTION 10; THENCE NORTH 89 DEGREES 12
MINUTES 25 SECONDS EAST ALONG SAID PARALLEL LINE FOR 1336.16 FEET; THENCE
NORTH 88 DEGREES 30 MINUTES 16 SECONDS EAST ALONG A LINE 60.00 FEET SOUTH OF
AND PARALLEL WITH THE NORTH LINE OF SAID NORTHWEST QUARTER OF SECTION 11
FOR 273.38 FEET; THENCE SOUTH 01 DEGREES 29 MINUTES 44 SECONDS EAST 291.97 FEET
TO A POINT OF TANGENCY; THENCE SOUTHWESTERLY ALONG THE ARC OF A CURVE
CONCAVE TO THE WEST, HAVING A RADIUS OF 500.00 FEET, A CHORD BEARING OF
SOUTH 16 DEGREES 08 MINUTES 59 SECONDS WEST, FOR AN ARC LENGTH OF 307.97 FEET
TO A POINT OF REVERSE CURVATURE; THENCE SOUTHWESTERLY ALONG AN ARC OF A
CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 1000.00 FEET, A CHORD BEARING
OF SOUTH 05 DEGREES 32 MINUTES 32 SECONDS WEST, FOR AN ARC LENGTH OF 986.21
FEET; THENCE SOUTH 67 DEGREES 30 MINUTES 00 SECONDS WEST 513.05 FEET; THENCE
SOUTH 22 DEGREES 30 MINUTES 00 SECONDS WEST 161.68 FEET; THENCE SOUTH 22
DEGREES 30 MINUTES 00 SECONDS EAST 417.27 FEET; THENCE SOUTH 67 DEGREES 30
MINUTES 27 SECONDS WEST 209.90 FEET; THENCE SOUTH 22 DEGREES 30 MINUTES 54
SECONDS WEST 155.57 FEET; THENCE SOUTH 22 DEGREES 50 MINUTES 34 SECONDS EAST
861.76 FEET; THENCE SOUTH 09 DEGREES 53 MINUTES 13 SECONDS WEST 378.78 FEET TO
THE CENTERLINE OF SAID PLANK ROAD; THENCE NORTH 80 DEGREES 06 MINUTES 47
SECONDS WEST ALONG SAID CENTERLINE FOR 100.00 FEET; THENCE NORTH 09 DEGREES
53 MINUTES 13 SECONDS EAST 360.00 FEET; THENCE NORTH 80 DEGREES 06 MINUTES 47
SECONDS WEST 605.00 FEET; THENCE SOUTH 09 DEGREES 53 MINUTES 13 SECONDS WEST
360.00 FEET TO THE CENTERLINE OF SAID PLANK ROAD; THENCE NORTH 80 DEGREES 06
MINUTES 47 SECONDS WEST ALONG SAID CENTER LINE FOR 275.00 FEET TO THE PLACE
OF BEGINNING, ALL IN THE TOWNSHIP OF PLANO,KANE COUNTY, ILLINOIS.
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EXHIBIT "C"
LICENSE AGREEMENT
THIS LICENSE AGREEMENT made and entered into this day of ,
2007, by and between the Forest Preserve District of Kane County, an Illinois forest preserve
district ("Licensor"), and the City of Elgin, Illinois, a municipal corporation of the Counties of
Kane and Cook, State of Illinois, ("Licensee").
WITNESSETH
WHEREAS, Licensor represents and warrants that it owns all rights, title and interest to
certain land consisting of approximately 93.3930 gross acres on the north side of Plank Road, in
the City of Elgin, Kane County, Illinois and legally described in Exhibit A attached hereto
(hereinafter referred to as the "District Parcel");
WHEREAS, Licensee desires to use the District Parcel for public park purposes as part of
the Licensee's regional park facility that will benefit and continue to permit Kane County
residents to use the District Parcel for certain activities under the supervision and control of
Licensee; and
WHEREAS, Licensor desires to grant to Licensee a license enabling Licensee to utilize
the District Parcel.
NOW, THEREFORE, for and in consideration of the mutual covenants and obligations
contained herein, and in consideration of the mutual covenants and obligations set forth in the
Intergovernmental Agreement between the Licensor and Licensee relating to the conveyance of
the District Parcel from the Licensee to the Licensor (hereinafter referred to as the
"Intergovernmental Agreement"), and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereby agree as follows:
- 10 -
1. The foregoing recitals are incorporated into this Agreement in their entirety.
2. Licensor hereby grants to the Licensee the exclusive and irrevocable right, license
and privilege ("License") to use and occupy the District Parcel for a public park as part of the
Licensee's regional public park facility.
3. This License is granted for a term of ninety-nine (99) years from the date first
written above and shall continue in full force and effect unless earlier terminated by Licensee.
4. Licensor hereby consents and agrees to the development of the District Parcel in
general accordance with the Conceptual Plan entitled "Elgin Regional Park" dated Revised
January 11, 2007, attached hereto as Exhibit B (hereinafter referred to as the "Subject
Conceptual Plan"). The Subject Conceptual Plan as it relates to the District Parcel may be
revised or amended by the Licensee in order to address engineering issues, requirements of law,
requirements or conditions of grant applications or as otherwise agreed to by the Licensor which
agreement shall not be unreasonably withheld. In the event the Licensee makes substantial
amendments to the Subject Conceptual Plan as it relates to the District Parcel which involve the
alteration of the basic site layout or alteration of proposed capital improvements, such substantial
modifications shall require the approval of the Licensor which approval shall not be
unreasonably withheld.
5. Licensee shall pay for all site development of the District Parcel proposed by and
undertaken by the Licensee while this License is in effect. Licensor agrees upon the request of
the Licensee to execute any grant applications or other applications as requested by the Licensee
which seek funding assistance for site improvements to the District Parcel. Notwithstanding the
foregoing, the District shall not be required to execute such grant applications in the event such
applications proposed by the Licensee would prohibit or interfere with other similar pending or
currently proposed District grant applications for other District properties.
- 11 -
6. Licensee shall provide for all maintenance and police services for the District
Parcel while this License is in effect. It is agreed and understood that the services referred to in
this paragraph that the Licensee will be providing are general services only and that no special
duties or obligations are intended nor shall be deemed or construed to be created under this
agreement. It is further agreed and understood that this agreement is not intended nor shall be
construed to alter, limit or constitute waiver of any of the civil immunities afforded the Licensee
and/or its employees pursuant to the Local Governmental Employees Tort Immunity Act, at 745
ILCS 10/1-101 et seq., as amended, or as otherwise provided by law, it being agreed that all of
the civil immunities as set forth in such Act, as amended, or as otherwise provided by law shall
fully apply to any claims asserted or which might be asserted against the Licensee and/or its
employees as a result of any maintenance or policing of the District Parcel pursuant to this
agreement or otherwise. Without limiting the foregoing, it is further agreed and understood that
the Licensee and/or its employees as a result of this agreement or any of the actions of the parties
pursuant to this agreement shall not be liable to any party or to any other person or entity for
failure to provide adequate police protection or service, failure to prevent the commissions of
crime, failure to detect or solve crimes, failure to identify or apprehend criminals, failure to
provide fire protection, rescue or emergency service, failure to suppress or contain a fire, or
failure to provide or maintain sufficient personnel, equipment or other police or fire protection
facilities. Notwithstanding anything to the contrary in this paragraph or in this agreement, it is
agreed and understood that no third party action may be commenced by any person or entity
against the Licensee or its officials, officers, employees or other related persons or entities for
monetary damages for any alleged breach of the provisions of this paragraph.
7. The Licensee agrees to install appropriate seed mixes on the District Parcel
determined in consultation with the Licensor and to permit the Licensor to perform its generally
- 12 -
prescribed burning of grasses on the District Parcel on a periodic basis with the Licensee's
assistance. The Licensee shall bear any reasonable marketing or notice expenses and shall
provide any necessary Fire Department assistance for any such periodic burning.
8. This License shall not be alienable or assignable.
9. Licensor shall not grant any other licenses for the District Parcel or convey its
ownership interest in the District Parcel or undertake any other actions inconsistent with the
terms of this License and Licensee's intended use of the District Parcel without first receiving
Licensee's express written consent.
10. Licensee, upon taking possession of the District Parcel, shall acquire and maintain
in effect the following insurance coverage, or its equivalent, in not less than the following
minimum amounts:
a. Employer's liability and workmen's compensation as prescribed by
law in Illinois.
b. Comprehensive general liability coverage on an occurrence basis
either through Licensee's self-insurance program or from an
insurance company licensed with the State of Illinois or other
insurer approved by Licensor with at least One Million Dollar single
limit coverage on all risks. Licensee shall name Licensor as co-
insured and shall furnish Licensor with duplicate policies or
certificates evidencing insurance in force as required herein prior to
taking possession of the District Parcel.
11. The Intergovernmental Agreement and this License supersede any and all prior
understandings and agreements, whether written or oral, between the parties with respect to the
subject matter of this License. No alteration or variation of this License shall be valid unless
made in writing and signed by the Licensor and Licensee.
12. Licensor shall indemnify, defend and hold harmless Licensee and its officers,
officials, attorneys, agents and employees, from and against any claims, damages, costs,
expenses, or liabilities (collectively "Claims") arising out of or in any way connected with this
- 13 -
License including, without limitation, claims for loss or damage to any property, or for death or
injury to any person or persons but only in proportion to and to the extent that such claims arise
from the negligent or intentional acts or omissions of Licensor, its officers, agents, partners or
employees.
13. Licensee shall indemnify, defend and hold harmless Licensor and its officers,
officials, attorneys, agents, partners and employees, from and against any claims, arising out of
or in any way connected with this License including, without limitation, claims for loss or
damage to any property or for death or injury to any person or persons but only in proportion to
and to the extent that such claims arise from the negligent or intentional acts or omissions of
Licensee, its officers, officials, agents or employees.
14. Licensee shall have no authority, express or implied, to act as agent of Licensor
for any purpose. Licensee shall remain an independent contractor responsible for all obligations
and liabilities of, and for all losses or damage to, the District Parcel, including any person,
equipment or fixtures connected therewith and for any and all claims or damages based on
damage or destruction of property or based on injury, illness or death of any person or persons,
directly or indirectly, resulting from the use of the District Parcel.
15. Licensor and Licensee hereby waive any right of recovery against the other as a
result of loss or damage to the property of either Licensor or Licensee when such loss or damage
arises out of an act of God or any of the property perils insurable under extended coverage,
whether or not such peril has been insured, self-insured or non-insured.
16. No waiver by Licensor of Licensee or any breach or a series of breaches of this
License, shall constitute a waiver of any subsequent breach or waiver of the terms by this
License by Licensor or Licensee.
- 14 -
17. Any notice hereunder shall be in writing and shall be delivered by personal
service or by United States certified or registered mail,with postage prepaid, addressed to:
Licensee: City of Elgin - Attention: Parks Director
150 Dexter Court
Elgin, IL 60120-5555
With a Copy to: William A. Cogley, Corporation Counsel
City of Elgin
150 Dexter Court
Elgin, IL 60120-5555
Licensor: Forest Preserve District of Kane County
Attention: President
719 Batavia Avenue, Building G
Geneva, Illinois 60134
With a Copy to: Patrick M. Kinnally, Esq.
Kinnally, Krenz, Loren, Hodge & Herman P.C.
2114 Deerpath Road
P.O. Box 5030
Aurora, Illinois 60507
Either party, by a similar written notice, may change the address to which notices shall be sent.
18. This Agreement shall not be construed so as to create a joint venture, partnership,
employment, or other agency relationship between the parties hereto.
19. This Agreement shall be deemed and construed to be a joint and collective work
product of the Licensor and Licensee, and as such, this Agreement shall not be construed against
any party as the otherwise purported drafter of same, by any court of competent jurisdiction in
order to resolve any inconsistency, ambiguity, vagueness or conflict, if any, and the terms and
provisions contained herein.
20. The terms of this Agreement shall be severable. In the event any of the terms or
provisions of this License Agreement are deemed to be void or otherwise unenforceable, for any
reason, the remainder of this License Agreement shall remain in full force and effect.
- 15 -
•
21. This Agreement shall be subject to and governed by the laws of the State of
Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of
or in connection with this License Agreement shall be in the Circuit Court for the Sixteenth
Judicial Circuit, Kane County, Illinois.
22. All references in this Agreement to the singular shall include the plural where
applicable, and all reference to the masculine shall include the feminine and vice versa. If either
reference shall be declared invalid, such decision shall not affect the validity of any remaining
portion that shall remain in full force and effect.
23. This Agreement may be executed in multiple counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same instrument.
24. This Agreement shall be binding on the parties hereto and their respective
successors and permitted assigns. This Agreement and the obligations herein may not be
assigned without the express written consent of each of the parties hereto.
25. This Agreement shall be binding on the parties hereto and their permitted
successors and assigns, if any. This Agreement may be recorded by the Licensee at Licensee's
cost with the Kane County Recorder.
26. Licensor agrees to file any and all appropriate documents necessary from time to
time during the term of this License Agreement to exempt the District Parcel from real estate
taxes. Licensor agrees upon the request of the Licensee to execute any and all documents
necessary seeking to exempt the District Parcel from real estate taxes.
27. Notwithstanding anything to the contrary in this Agreement, it is agreed and
understood that the terms of this License Agreement shall only apply to the District Parcel and
shall not apply in any respect to the adjacent property owned by the Licensee.
- 16 -
IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be
executed by its duly authorized representative as of the day and year first above written.
FORES 'RESERVE DISTRICT OF CITY OF ELGIN
KAN CO 1i16.,Y
By B
, Y
s 'r:. e , Ed Schock, Mayor
Attest:
11‘
Asst-5 ovA 5 m-kk _
G i •t9 CLERK
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F:\Legal Dept\Agreement\Intergovernmental&LicenseAgrts-KaneCtyForestPreserve-RegionalPark-clean-01-12-07.doc
- 17 -
IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be
executed by its duly authorized representative as of the day and year first above written.
FOREST PRESERVE DISTRICT OF CITY OF ELGIN
KANE COUNTY
By By
Its President Ed Schock, Mayor
Attest:
City Clerk
F:\Legal Iept\Agreement\Intergovernmental&LicenseAgrts-KaneetyForesU'reserve-RegionalPark-clean-01-12-07.doc
- 17 -
EXHIBIT A
LEGAL DESCRIPTION OF DISTRICT PARCEL
PARCEL 1
PART OF THE EAST HALF OF THE NORTHEAST QUARTER AND PART OF THE EAST HALF
OF THE SOUTHEAST QUARTER OF SECTION 10, AND ALSO PART OF THE WEST HALF OF
THE NORTHWEST QUARTER OF SECTION 11, ALL IN TOWNSHIP 41 NORTH, RANGE 7 EAST
OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE CENTER LINES OF PLANK AND
MUIRHEAD ROADS (AS SHOWN LOCATED ON A PLAT RECORDED JULY 20, 1988 AS
DOCUMENT NUMBER 1921746); THENCE NORTH 80 DEGREES 06 MINUTES 47 SECONDS
WEST ALONG THE CENTERLINE OF SAID PLANK ROAD 116.36 FEET TO A POINT ON THE
WEST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 10;
THENCE NORTH 00 DEGREES 14 MINUTES 38 SECONDS WEST ALONG SAID WEST LINE
FOR 828.61 FEET TO THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE
NORTH 00 DEGREES 03 MINUTES 26 SECONDS EAST ALONG THE WEST LINE OF THE EAST
HALF OF THE NORTHEAST QUARTER OF SAID SECTION 10 FOR 2605.41 FEET TO A LINE
THAT IS 60.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE EAST HALF
OF THE NORTHEAST QUARTER OF SAID SECTION 10; THENCE NORTH 89 DEGREES 12
MINUTES 25 SECONDS EAST ALONG SAID PARALLEL LINE FOR 1336.16 FEET; THENCE
NORTH 88 DEGREES 30 MINUTES 16 SECONDS EAST ALONG A LINE 60.00 FEET SOUTH OF
AND PARALLEL WITH THE NORTH LINE OF SAID NORTHWEST QUARTER OF SECTION 11
FOR 273.38 FEET; THENCE SOUTH 01 DEGREES 29 MINUTES 44 SECONDS EAST 291.97 FEET
TO A POINT OF TANGENCY; THENCE SOUTHWESTERLY ALONG THE ARC OF A CURVE
CONCAVE TO THE WEST, HAVING A RADIUS OF 500.00 FEET, A CHORD BEARING OF
SOUTH 16 DEGREES 08 MINUTES 59 SECONDS WEST, FOR AN ARC LENGTH OF 307.97 FEET
TO A POINT OF REVERSE CURVATURE; THENCE SOUTHWESTERLY ALONG AN ARC OF A
CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 1000.00 FEET, A CHORD BEARING
OF SOUTH 05 DEGREES 32 MINUTES 32 SECONDS WEST, FOR AN ARC LENGTH OF 986.21
FEET; THENCE SOUTH 67 DEGREES 30 MINUTES 00 SECONDS WEST 513.05 FEET; THENCE
SOUTH 22 DEGREES 30 MINUTES 00 SECONDS WEST 161.68 FEET; THENCE SOUTH 22
DEGREES 30 MINUTES 00 SECONDS EAST 417.27 FEET; THENCE SOUTH 67 DEGREES 30
MINUTES 27 SECONDS WEST 209.90 FEET; THENCE SOUTH 22 DEGREES 30 MINUTES 54
SECONDS WEST 155.57 FEET; THENCE SOUTH 22 DEGREES 50 MINUTES 34 SECONDS EAST
861.76 FEET; THENCE SOUTH 09 DEGREES 53 MINUTES 13 SECONDS WEST 378.78 FEET TO
THE CENTERLINE OF SAID PLANK ROAD; THENCE NORTH 80 DEGREES 06 MINUTES 47
SECONDS WEST ALONG SAID CENTERLINE FOR 100.00 FEET; THENCE NORTH 09 DEGREES
53 MINUTES 13 SECONDS EAST 360.00 FEET; THENCE NORTH 80 DEGREES 06 MINUTES 47
SECONDS WEST 605.00 FEET; THENCE SOUTH 09 DEGREES 53 MINUTES 13 SECONDS WEST
360.00 FEET TO THE CENTERLINE OF SAID PLANK ROAD; THENCE NORTH 80 DEGREES 06
MINUTES 47 SECONDS WEST ALONG SAID CENTER LINE FOR 275.00 FEET TO THE PLACE
OF BEGINNING, ALL IN THE TOWNSHIP OF PLANO,KANE COUNTY, ILLINOIS.
- 1 8 -
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REGIONAL ELGIN EG CEP AL MASTER PLAN
G
TU PARK
REVISED CON
..
1/11/07
City of Elgin
Parks and Recreation Department
#y"t r -
SPECIAL WARRANTY DEED
(Corporation to Corporation)
THE GRANTOR, CITY OF ELGIN, an
Illinois municipal corporation, created and
existing under and by virtue of the laws of
the State of Illinois and duly authorized to
transact business in the State of Illinois
for and in consideration of the sum of Ten and no/100ths ($10.00) Dollars and other valuable
consideration in hand paid, does hereby remise, release and convey onto Grantee, the FOREST
PRESERVE DISTRICT OF KANE COUNTY, an Illinois forest preserve district, and duly
authorized to transact business in the State of Illinois, all of the following described real estate,
situated in the County of Kane and State of Illinois and legally described as follows:
See Exhibit "A" attached hereto for legal description
All the above being situated in the City of Elgin, Kane County, Illinois.
The Grantor the City of Elgin does covenant,promise and agree,and will warrant and defend,to the
Grantee herein, its successors and assigns, that it has not done or suffered to be done anything
whereby said premises hereby granted are,or may be,in any manner,encumbered or charged,except
as herein recited,and that the said premises shall be subject to: real estate taxes for the year 2006 and
subsequent years; public utility easements of record, including, but not limited to, the Grant and
Reservation of Easement by the City of Elgin for public utilities and water and sewer lines recorded
January 12,2007 as Document No. 2007K006481; rights of the public,the State of Illinois and the
City in and to that part of the land,if any,taken or used for road purposes;rights of way for drainage
tiles,ditches, feeders, laterals and underground pipes, if any; drainage assessments levied or which
may be levied by the Plato and Rutland Drainage District; grant made to the Illinois Bell Telephone
Company recorded December 17, 1959 as document 908704 granting the right to install and
maintain all equipment for the purpose of serving the land and other property with telephone service;
rights of owners of land bordering on the north Plato ditch and Pingree Creek as shown on the survey
of V-3 Consultants dated April 27, 2005, number 04008TPL in respect to the water and use of the
surface of said bodies of water;poles and overhead wires along Plank Road as shown on survey of
V-3 Consultants dated April 27, 2005 number 04008TPL; acts done or suffered by the Grantee, or
anyone claiming, by, through or under the Grantee; and the license agreement between the Grantor
and the Grantee entered into concurrently with the tender of this deed providing for the Grantor's use
of the premises.
Permanent Real Estate Index Numbers: Portions of 05-10-200-004;05-10-200-005;05-10-400-018;
05-11-100-001.
Property located on the north side of Plank Road west of Switzer Road,Elgin,Kane County,Illinois.
CITY OF ELGIN
REAL ESTATE
TRANSFER STAMP
40594
In Witness Whereof, said Grantor has caused its corporate seal to be hereto affixed, and has caused
its name to be signed to these presents by its Mayor, and attested by its Deputy City Clerk, this
/c5 day of March, 2007.
CITY OF ELGIN
By — _ _ —4104�
Mayor �—
IMPRESS
CORPORATE SEAL
HERE Attest:
Deputy City Clerk
STATE OF ILLINOIS )
) ss
COUNTY OFKANE)
I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY
CERTIFY, that Ed Schock, personally known to me to be the Mayor of the City of Elgin, a
municipal corporation, and Jennifer Quinton,Deputy City Clerk of said municipal corporation,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 Deputy City Clerk, they signed and delivered the said instrument as Mayor and Deputy City
Clerk of said municipal corporation, and caused the corporate seal of said municipal corporation to
be affixed thereto,pursuant to authority, given by the City Council of said municipal corporation as
their free and voluntary act, and as the free and voluntary act and deed of said corporation, for the
uses and purposes therein set forth.
Given under my hand and official seal this /3'day of March, 2007.
IMPRESS NOTARIAL `OFFICIAL SEAL" •
SEAL HERE ; MARY GIFFORT
Notary Public,State of Illinois N ary Publi'/ / /
j My Commission Expires 6/13/08
THIS INSTRUMENT PREPARED BY: MAIL TO AFTER RECORDING:
William A. Cogley Gerald K. Hodge
City of Elgin-Legal Department Kinnally, Flaherty, Krentz & Loran, P.C.
150 Dexter Court 2114 Deerpath
Elgin, Illinois 60120-5555 Aurora, IL 60506
SEND SUBSEQUENT TAX BILLS TO:
Forest Preserve District of Kane County
Attention: Executive Director
Kane County Government Center
719 S. Batavia Avenue
Geneva, IL 60134
F:\Legal Dept\Real Estate\Deed-Warranty-KCFPD-Eagles-BurnidgeProp.doc
23-JAN-200? 11:25 Gold-Fair Message Page 4/8
CHICAGO TITLE INSURANCE COMPANY
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A (CONTINUED)
ORDER NO. : 1410 000557044 KA
5. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS:
PART OF THE EAST 1/2 OF THE NORTHEAST 1/4 AND PART OF THE EAST 1/2 OF THE
SOUTHEAST 1/4 OF SECTION 10, AND ALSO PART OF THE WEST 1/2 OF THE NORTHWEST 1/4
OF SECTION 11, ALL IN TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE
CENTER LINES OF PLANK AND MUIRHEAD ROADS (AS SHOWN LOCATED ON A PLAT RECORDED
JULY 20, 1988 AS DOCUMENT 1921746); THENCE NORTH 80 DEGREES 06 MINUTES 47 SECONDS
WEST ALONG THE CENTERLINE OF SAID PLANK ROAD 116.36 FEET TO A POINT ON THE WEST
. LINE OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 10: THENCE NORTH 00
DEGREES 14 MINUTES 38 SECONDS WEST ALONG SAID WEST LINE FOR 828.61 FEET TO THE
NORTHWEST CORNER OF SAID SOUTHEAST 1/4; THENCE NORTH 00 DEGREES 03 MINUTES 26
SECONDS EAST ALONG THE WEST LINE OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION
10 FOR 2605.41 FEET TO A LINE THAT IS 60.00 FEET SOUTH OF AND PARALLEL WITH THE
NORTH LINE OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 10; THENCE NORTH
89 DEGREES 12 MINUTES 25 SECONDS EAST ALONG SAID PARALLEL LINE FOR 1336.16 FEET;
THENCE NORTH 88 DEGREES 30 MINUTES 16 SECONDS EAST ALONG A LINE 60.00 FEET SOUTH
OF AND PARALLEL WITH THE NORTH LINE OF SAID NORTHWEST 1/4 OF SECTION 11 FOR
273.38 FEET; THENCE SOUTH 01 DEGREES 29 MINUTES 44 SECONDS EAST 291.97 FEET TO A
POINT OF TANGENCY; THENCE SOUTHWESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE
WEST, HAVING A RADIUS OF 500.00 FEET, A CHORD BEARING OF SOUTH 16 DEGREES 08
MINUTES 59 SECONDS WEST, FOR AN ARC LENGTH OF 307.97 FEET TO A POINT OF REVERSE
CURVATURE; THENCE SOUTHWESTERLY ALONG AN ARC OF A CURVE CONCAVE TO THE EAST,
HAVING A RADIUS OF 1000.00 FEET, A CHORD BEARING OF SOUTH 05 DEGREES 32 MINUTES
32 SECONDS WEST, FOR AN ARC LENGTH OF 986.21 FEET; THENCE SOUTH 67 DEGREES 30
MINUTES 00 SECONDS WEST 513.05 FEET; THENCE SOUTH 22 DEGREES 30 MINUTES 00
SECONDS WEST 161.68 FEET; THENCE SOUTH 22 DEGREES 30 MINUTES 00 SECONDS EAST
417.27 FEET; THENCE SOUTH 67 DEGREES 30 MINUTES 27 SECONDS WEST 209.90 FEET;
THENCE SOUTH 22 DEGREES 30 MINUTES 54 SECONDS WEST 155.57 FEET; THENCE SOUTH 22
DEGREES 50 MINUTES 34 SECONDS EAST 861.76 FEET; THENCE SOUTH 09 DEGREES 53
MINUTES 13 SECONDS WEST 378.78 FEET TO THE CENTERLINE OF SAID PLANK ROAD; THENCE
NORTH 80 DEGREES 06 MINUTES 47 SECONDS WEST ALONG SAID CENTERLINE FOR 100.00
FEET; THENCE NORTH 09 DEGREES 53 MINUTES 13 SECONDS EAST 360.00 FEET; THENCE
NORTH 80 DEGREES 06 MINUTES 47 SECONDS WEST 605.00 FEET; THENCE SOUTH 09 DEGREES
53 MINUTES 13 SECONDS WEST 360.00 FEET TO THE CENTERLINE OF SAID PLANK ROAD;
THENCE NORTH 80 DEGREES 06 MINUTES 47 SECONDS WEST ALONG SAID CENTERLINE FOR
275.00 FEET TO THE PLACE OF BEGINNING, ALL IN THE CITY OF ELGIN, KANE COUNTY,
ILLINOIS.
RNRL IAL.
DIN PAGE A2 DJN 01/23/07 11:25:03
AFFIDAVIT - PLAT ACT
STATE OF ILLINOIS )
COUNTY OF K A N E )
WILLIAM A. COGLEY, being duly sworn on oath, states that his business address is
150 Dexter Court, Elgin, Illinois. That the attached deed is not in violation of 765 ILCS
205/1 for one of the following reasons :
1. The sale or exchange is of an entire tract of land not being a part of a larger
tract of land.
2 . The division or subdivision of land is into parcels or tracts of five acres or
more in size which does not involve any new streets or easements or access.
3. The division is of lots or blocks of less than one acre in any recorded
subdivision which does not involve any new streets or easements of access.
4 . The sale or exchange of parcels of land is between owners of adjoining and
contiguous land.
5 . The conveyance is of parcels of land or interests therein for use as a right-of-
way for railroads or other public utility facilities, which does not involve any new streets
or easements or access.
6. The conveyance is of land owned by a railroad or other public utility which does
not involve any new streets or easements of access.
7. The conveyance is of land for highway or other public purpose or grants or
conveyances relating to the dedication of land for public use or instruments relating to the
vacation of land impressed with a public use.
8. The conveyance is made to correct descriptions in prior conveyances.
9. The sale or exchange is of parcels or tracts of land following the division into
no more than two parts of a particular parcel or tract of land existing on July 17, 1959, and
not involving any new streets or easements of access.
10. The sale is of a single lot of less than five acres from a larger tract, the
dimensions and configurations of said larger tract having been determined by the dimensions
and configuration of said larger tract on October 1, 1973, and no sale prior to this sale, or
any lot or lots from said larger tract having taken place since October 1, 1973, and a survey
of said single lot having been made by a registered land surveyor.
CIRCLE NUMBER ABOVE WHICH IS APPLICABLE TO THE ATTACHED DEED
AFFIANT further states that he makes this affidavit for the purpose of inducing the
Recorder of Kane County, Illinois, to accept the attached deed for recording, and that all
local requirements applicable to the subdivision of land are met by the attached deed and the
tract described therein.
SUBSCRIBED nd SWORN to before
me this /3 ay of March, 2007
i "OP IC1AL SEAL„
No r .� i c MARY GIFFORT
y '� Notary Public,State of Illinois
My Commission Expires 6/13/08
gTA-F,,11ti PTAX-203
h,
3a �t .. . S ai
�,'9;, *',` '',�` Illinois Real Estate
43.0
26'1'-°'0 Transfer Declaration
c5)
Please read the instructions before completing this form. '„a
This form can be completed electronically at tax.illinois.gov/retd. —o
U
Step 1: Identify the property and sale information.
1 NORTH SIDE OF PLANK ROAD, WEST OF SWITZER 0 0
oc
0
Street address of property(or 911 address,if available) ROAD U
ELGIN 60124
City or village ZIP
PLATO 9 Identify any significant physical changes in the property since
Township January 1 of the previous year and write the date of the change.
2 Write the total number of parcels to be transferred. 1
3 Write the parcel identifying numbers and lot sizes or acreage. Date of significant change: /
Month Year
Parcel identifying number Lot size or acreage
(Mark with an"X")
a 05-10-200-004 Demolition/damage Additions Major remodeling
b 05-10-200-005 New construction Other(specify):
c 05-10-400-018 93.3930 Gross 10 Identify only the items that apply to this sale.(Mark with an"x")
d 05-11-100-001 Acres a Fulfillment of installment contract—year contract
Write additional parcel identifiers and lot sizes or acreage in Step 3. initiated :
4 Date of instrument: 0 3 / 2 0 0 7 b Sale between related individuals or corporate affiliates
Month Year c Transfer of less than 100 percent interest
5 Type of instrument(Mark with an"x"): Warranty deed d _ Court-ordered sale
Quit claim deed Executor deed Trustee deed e Sale in lieu of foreclosure
Beneficial interest X Other(specify): SPECIAL WARRANTY f Condemnation
6 Yes X No Will the property be the buyer's principal residence? g Auction sale
7 - Yes X No Was the property advertised for sale? h Seller/buyer is a relocation company
(i.e.,media,sign.newspaper,realtor) I x Seller/buyer is a financial institution or government agency
8 Identify the property's current and intended primary use.
Current Intended(Mark only one item per column with an"X.") j _ Buyer is a real estate investment trust
a X _ Land/lot only k Buyer is a pension fund
b _ - Residence(single-family,condominium,townhome,or duplex) I Buyer is an adjacent property owner
c Mobile home residence m Buyer is exercising an option to purchase
d Apartment building(6 units or less) No,of units: n _ Trade of property(simultaneous)
e Apartment building(over 6 units) No.of units: o Sale leaseback
f _ Office p Other(specify):
g_ _ Retail establishment
h _ Commercial building(specify): q Homestead exemptions on most recent tax bill:
i _ Industrial building 1 General/Alternative $ 0.00
I _ Farm 2 Senior Citizens $ 0.00
k X Other(specify): REGIONAL PARK 3 Senior Citizens Assessment Freeze $ 0.0 0
Step 2: Calculate the amount of transfer tax due.
Note: Round Lines 11 through 18 to the next highest whole dollar.If the amount on Line 11 is over$1 million and the property's current use on Line 8
above is marked"e,""f,""g,""h,""i;'or"k,"complete Form PTAX-203-A,Illinois Real Estate Transfer Declaration Supplemental Form A.If you are recording
a beneficial interest transfer,do not complete this step.Complete Form PTAX-203-B,Illinois Real Estate Transfer Declaration Supplemental Form B.
11 Full actual consideration 11 $ 1,821,623.50
12a Amount of personal property included in the purchase 12a $ 0. 00
12b Was the value of a mobile home included on Line 12a? 12b Yes No
13 Subtract Line 12a from Line 11.This is the net consideration for real property. 13 $ 1,821,623.50
14 Amount for other real property transferred to the seller(in a simultaneous exchange)
as part of the full actual consideration on Line 11 14 $ 0.0 0
15 Outstanding mortgage amount to which the transferred real property remains subject 15 $ 0.0 0
16 If this transfer is exempt,use an"X"to identify the provision. 16 X b k m
17 Subtract Lines 14 and 15 from Line 13.This is the net consideration subject to transfer tax. 17 $ 0.00
18 Divide Line 17 by 500.Round the result to the next highest whole number(e.g.,61.002 rounds to 62). 18 0.00
19 Illinois tax stamps—multiply Line 18 by 0.50. 19 $ 0.00
20 County tax stamps—multiply Line 18 by 0.25. 20 $ 0.0 0
21 Add Lines 19 and 20.This is the total amount of transfer tax due. 21 $ 0.00
This form is authorized in accordance with 35 ILCS 200/31-1 et seq.Disclosure of this information
PTAX-203(R-8105) is REQUIRED.This form has been approved by the Forms Management Center. IL-492-0227 Page 1 of 4
ID:INT, Declaration Number: S117-W320-5019-7538
Step 3: Write the legal description from the deed. Write,type(minimum 10-point font required),or attach the legal description
from the deed.If you prefer,submit an 81/2'x 11"copy of the extended legal description with this form.You may also use the space below to
write additional parcel identifiers and lots sizes or acreage from Step 1, Line 3.
SEE ATTACHED EXHIBIT "A" FOR LEGAL DESCRIPTION
Step 4: Complete the requested information.
The buyer and seller(or their agents)hereby verify that to the best of their knowledge and belief,the full actual consideration and facts stated in this declaration are true and correct.If
this transaction involves any real estate located in Cook County,the buyer and seller(or their agents)hereby verify that to the best of their knowledge,the name of the buyer shown on
the deed or assignment of beneficial interest in a land trust is either a natural person,an Illinois corporation or foreign corporation authorized to do business or acquire and hold title to
real estate in Illinois,a partnership authorized to do business or acquire and hold title to real estate in Illinois,or other entity recognized as a person and authorized to do business or
acquire and hold title to real estate under the laws of the State of Illinois.Any person who willfully falsifies or omits any information required in this declaration shall be guilty of a Class
B misdemeanor for the first offense and a Class A misdemeanor for subsequent offenses.Any person who knowingly submits a false statement concerning the identity of a grantee
shall be guilty of a Class C misdemeanor for the first offense and of a Class A misdemeanor for subsequent offenses.
Seller Information(Please print.)
CITY OF ELGIN
Seller's or trustee's name Seller's trust number(if applicable-not an SSN or FEIN)
150 DEXTER COURT ELGIN IL 60120
Street address(after sale) City State ZIP
( 847 ) 931-5655 Ext.
Seller's or agent's signature Seller's daytime phone
Buyer Information(Please print.)
FOREST PRESERVE DISTRICT OF KANE COUNTY
Buyer's or trustee's name Buyer's trust number(it applicable-not an SSN or FEIN)
719 S. BATAVIA AVENUE GENEVA IL 60134
Street address(after sale) City State ZIP
( 630 ) 232-5980 Ext.
Buyer's or agent's signature Buyer's daytime phone
OF KANE COUNTY
Mail tax bill to:
FOREST PRESERVE DISTRICT! 719 S. BATAVIA AVENUE-ATTN: GENEVA IL 60134
Name or company Street address ecU 1Ve City State ZIP rector
Preparer Information(Please print.)
WILLIAM A. COGLEY - CITY OF ELGIN
Preparer's and company's name Preparer's file number(if applicable)
150 DEXTER COURT ELGIN IL 60120
Street address City State ZIP
( 847 ) 931-5655 Ext.
Preparer's signature Preparer's daytime phone
Preparer's e-mail address(if available)
Identify any required documents submitted with this form.(Mark with an°x°) Extended legal description Form PTAX-203-A
Itemized list of personal property Form PTAX-203-B
To be completed by the Chief County Assessment Officer
1 3 Year prior to sale__ — -
County Township Class Cook-Minor Code 1 Code 2 4 Does the sale involve a mobile home assessed as
2 Board of Review's final assessed value for the assessment year real estate? Yes No
prior to the year of sale. 5 Comments
Land
Buildings , — , _ , _ _
Total , ` _ _ ,
Illinois Department of Revenue Use Tab number
Page 2 of 4 PTAX-203(R-8/05)
AFFIDAVIT OF TITLE
STATE OF ILLINOIS )
) SS
COUNTY OF K A N E )
The undersigned affiant, being first duly sworn, on oath says, and also covenants with and
warrants to the grantee hereinafter named:
That affiant has an interest in the premises described below or in the proceeds thereof or is
the grantor in the deed dated March /3 ,2007,to the Forest Preserve District of Kane County,an
Illinois forest preserve district, grantee, conveying the following described premises:
See Exhibit "A" attached hereto for legal description
All the above being situated in the City of Elgin, Kane County, Illinois.
That no labor or material has been furnished for premises within the last four months that is
not fully paid for.
That since the title date of December 27,2006,in the report on title issued by Chicago Title
Insurance Company,affiant has not done or suffered to be done anything that could in any way affect
the title to premises, and no proceedings have been filed by or against affiant,nor has any judgment
or decree been rendered against affiant, nor is there any judgment note or other instrument that can
result in a judgment or decree against affiant within five days from the date hereof.
That the parties,if any, in possession of the premises are the City of Elgin and Grantee only.
That all water taxes,except the current bill,have been paid,and that all the insurance policies
assigned have been paid for.
That this instrument is made to induce, and in consideration of the said grantee's
consummation of the purchase of premises.
Further Affiant sayeth naught.
CITY OF ELGIN
By:
d Schock
Mayor
Subscribed and sworn to before me
this /3` day of March, 2007.
"OFFICIAL SEAL"
Not Pub it / MARY GIFFORT
Notary Public,State of Illinois
My Commission Expires 6/13/08