08-125 Resolution No. 08-125
RESOLUTION
AUTHORIZING EXECUTION OF AN ACCESS ROAD LICENSE AGREEMENT WITH
STATE BANK OF COUNTRYSIDE, AS TRUSTEE UNDER TRUST AGREEMENTS
DATED JUNE 15, 1990 KNOWN AS TRUST NOS. 90-689 AND 90-690,
HENRY LOUKOTA, AND LAKOTA, INC.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Olufemi Folarin,City Manager,and Diane Robertson, City Clerk,be and are hereby authorized and
directed to execute an agreement on behalf of the City of Elgin with State Bank of Countryside, as
Trustee under Trust Agreements dated June 15, 1990, known as Trust Nos. 90-689 and 90-690,
Henry Loukota and Lakota, Inc. for an Access Road License Agreement in connection with the
City's construction of its golf course on its adjacent Sports Complex property, a copy of which is
attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: May 14, 2008
Adopted: May 14, 2008
Vote: Yeas: 6 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
ACCESS ROAD LICENSE AGREEMENT
THIS ACCESS ROAD LICENSE AGREEMENT (the "Agreement") made and
entered into as of this 14th day of May, 2008, by and between the City of Elgin, an
Illinois municipal corporation, (hereinafter referred to as the "City"), and STATE BANK
OF COUNTRYSIDE, AS TRUSTEE UNDER TRUST AGREEMENTS DATED JUNE 15,
1990 KNOWN AS TRUST NOS. 90-689 and 90-690, (hereinafter collectively referred to
as the "Owner"), and HENRY LOUKOTA, an individual, and LAKOTA, INC., an
Illinois corporation (hereinafter collectively referred to as the "Owner's
Representative").
WITNESSETH
WHEREAS, Owner collectively owns the real property in Kane County, Illinois,
which is legally described on Exhibit A attached hereto and identified with Permanent
Index Numbers: 0626101005, 0626101006, 0626101008, 0626201021, 06-26-177-001 and 06-
26-251-009 (hereinafter referred to as the "Owner's Premises"); and
WHEREAS, the City desires to utilize an existing access road located on the
Owner's Premises, which access road is depicted on Exhibit B attached hereto and
begins at a gated and locked entrance at Illinois Route 31, and then generally extends
westward for a distance of approximately 2600 feet, and then northerly for a distance of
approximately 500 feet until its terminus at the City's adjacent Sports Complex property
(hereinafter referred to as the "Access Road"); and
WHEREAS, Owner has agreed to allow the City to utilize the Access Road on a
temporary basis pursuant to the terms and conditions of this Agreement.
NOW, THEREFORE, in light of the foregoing recitals, which are incorporated
herein, and 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 subject to the terms and conditions of this Agreement Owner hereby
grants the City a non-exclusive right and license for vehicular ingress and egress over,
upon and across the Access Road for the Term (as defined hereafter) for the sole
purpose of accessing and making deliveries to the City's property adjacent to Owner's
Premises to and from the gated entrance to the Access Road located near Illinois Route
31. The City shall properly lock and secure the entry to the Access Road after
concluding its operations on the Access Road each day it or any other City Parties (as
defined hereafter) uses the Access Road as permitted under this Agreement. For
purposes herein, the "Term" shall mean a period commencing on November 15, 2007,
which is the first date that the City began to utilize the Access Road, and terminating on
October 31, 2008. NOTHING CONTAINED IN THIS AGREEMENT SHALL BE
CONSTRUED OR INTERPRETED TO GRANT CITY AN EASEMENT, TENANCY,
LEASEHOLD INTEREST OR ANY REAL PROPERTY INTEREST IN THE ACCESS
ROAD OR OWNER'S PREMISES. NOTWITHSTANDING ANYTHING CONTAINED
HEREIN TO THE CONTRARY, AT ALL TIMES DURING THE TERM, OWNER,
OWNER'S REPRESENTATIVE (AND ANY OF THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, MEMBERS, AGENTS, CONTRACTORS, LESSEES,
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LICENSEES, PERMITTEES OR DESIGNEES) SHALL BE ENTITLED TO OCCUPY AND
OTHERWISE USE THE ACCESS ROAD AND ANY PORTION OF OWNER'S
PREMISES, FOR ANY PURPOSE DETERMINED BY OWNER, IN OWNER'S SOLE
DISCRETION; PROVIDED THAT ANY SUCH USE DOES NOT MATERIALLY
INTERFERE WITH OR LIMIT THE RIGHTS GRANTED HEREIN. During the Term,
City and the other City Parties will comply with all applicable federal, state and local
laws, ordinances, rules, regulations and orders (collectively, the "Laws") with respect to
use of the Access Road. Notwithstanding any contained herein to the contrary, City
agrees and acknowledges that no part of the Access Road or Owner's Premises shall be
open to the general public. City shall not make any governmental or other applications
(e.g. Applications for zoning, subdivision, building, tax, grants, loans etc.) with respect
to or in any way affecting the Access Road or Owner's Premises, without Owner's prior
written consent, which may be granted or withheld by Owner, in its sole discretion. The
rights granted to City is made subject to all covenants, conditions, restrictions,
encumbrances and easements of record affecting the Owner's Premises as of the date of
this Agreement. City acknowledges that Owner may grant other easements in, on,
over, under, through and across the Access Road; provided that any such easement
does not materially interfere with or limit the rights granted herein. OWNER MAKES
NO REPRESENTATION OR WARRANTY REGARDING: (I) THE SUITABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR HABITABILITY OF THE ACCESS
ROAD OR OWNER'S PREMISES FOR CITY'S USES HEREUNDER; OR (II) THE
COMPLIANCE OF THE ACCESS ROAD OR OWNER'S PREMISES WITH
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APPLICABLE LAWS, INCLUDING, BUT NOT LIMITED TO THOSE DEALING WITH
ZONING, BUILDING, SUBDIVISION, HEALTH OR SAFETY. Notwithstanding
anything contained in this Agreement to the contrary, City's obligations and duties
under this Agreement, including but not limited to the indemnification and the waiver
and release under paragraph 5 shall survive any expiration or termination of this
Agreement. City acknowledges and agrees that it (and any other City Parties) shall
have no right to enter the Owner's Premises or the Access Road from Bowes Road,
which currently ends at a point located to the west of the Owner's Premises and the
Access Road.
2. That it is understood and agreed that the City, its third-party contractors,
employees, or other agents (the "City Parties") shall have the right to utilize the Access
Road as permitted under paragraph 1 of this Agreement, provided that all the City
Parties comply fully with the terms and provisions contained in this Agreement.
3. That as additional consideration of Owner entering into this Agreement, the
City shall pay to the Owner's Representative the sum of Seventy Thousand Dollars
($70,000) immediately upon execution of this Agreement, in addition to City and the
other City Parties agreeing to comply with all of the other terms and provisions
contained in this Agreement. The City also agrees to pay to the Owner's Representative
the sum of Five Thousand Seven Hundred Dollars ($5,700) immediately upon execution
of this Agreement, representing legal fees and costs incurred by the Owner, Owner's
Representative and Abbott Land and Investment Corporation ("Abbott Land") in the
negotiation, preparation and execution of this Agreement.
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4. That the City shall prevent fly dumping and shall be responsible for properly
removing any materials or debris deposited on the Access Road or any other portion of
Owner's Premises during any time period in which the City is utilizing the Access
Road, regardless of whether such items were deposited by the City, its employees or
agents, any third-party contractors, any other persons, firms and corporations acting on
the City's behalf or with the City's authority or trespassers. The City shall not be
responsible for removing any materials or debris wrongfully deposited on the Access
Road, any other portion of the Owner's Premises, or any other property owned by
Owner, in whole or in part, when such materials were deposited during a time at which
the City, its employees or agents, any third-party contractors, or any other persons,
firms and corporations acting on the City's behalf or with the City's authority was not
utilizing or accessing the Access Road or any other portion of Owner's Premises,
provided that the City had first properly locked and secured the entry to the Access
Road after concluding its operations for the day. The City shall not unreasonably
interfere with or allow any other City Parties to unreasonably interfere with the use of
the Access Road or any portion of the Owner's Premises by any of the Indemnified
Parties (as defined hereafter) or any other persons or entities otherwise entitled to use of
the Access Road or the Owner's Premises. As a condition precedent to the right to use
the Access Road granted herein, City agrees: (i) at City's sole cost and expense, to be
fully responsible for and to pay for the total costs related to the maintenance and repair
of the Access Road improvements during the term of this Agreement, including,
without limitation, snow removal, roadway repairs and replacements, mud removal
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and dust suppression on the Access Road and Illinois Route 31, and any costs related to
any improvements to the Access Road that may be required by State, county or local
governmental authorities; and (ii) to be fully responsible, at City's sole cost and
expense, for the construction, repair and maintenance of any roads located upon the
City's adjacent property, which are or will be connected to the Access Road and any
improvements thereon.
5. To the fullest extent permitted by law, City agrees to and shall indemnify,
defend (by legal counsel reasonably approved by Owner's Representative) and hold
harmless the Owner, Owner's Representative, Abbott Land, and their respective
beneficiaries, owners, partners, directors, officers, employees, agents, subsidiaries and
affiliates (the "Indemnified Parties") from and against any and all claims, actions,
proceedings, suits, judgments, costs, expenses, attorneys fees, injury (including death),
property damage and destruction and any other damages or other relief, including but
not limited to workers compensation claims, in any way resulting from or arising out of
or relating to: (i) use or access of the Access Road and/or Owner's Premises by any of
the City Parties or other persons, firms and corporations acting on the City's behalf or
with the City's authority; or (ii) any failure by the City or any other City Parties to
comply with the terms and provisions of this Agreement. City further agrees to
indemnify, defend (by legal counsel reasonably approved by Owner's Representative)
and hold harmless the Indemnified Parties from any and all liens placed against the
Access Road or the Owner's Premises arising from or in any way relating to said City
activities. City agrees to require the other City Parties to not place any liens upon any
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portion of the Owner's Premises or any other adjacent property owned, in whole or in
part, by Owner. Upon execution of this Agreement, City shall deliver to Owner a
certificate of insurance evidencing proof of City's general liability and other insurance
described hereafter. Prior to entry onto the Access Road or any part of the Owner's
Premises, City shall provide and cause any of the other City Parties to provide to
Owner's Representative, for its prior reasonable approval, with copies of the certificates,
which represent all insurance required below, and will ensure that such insurance is not
subject to modification or termination without at least thirty (30) days prior written
notice to Owner's Representative. City and the other City Parties, as applicable, will
maintain the following coverages in the following amounts:
(a) Comprehensive general liability insurance covering City, Owner, Owner's
Representative, Abbott Land and the other Indemnified Parties for claims of bodily
injury, personal injury and property damage arising out of the use of the Building for
limits not less than:
Bodily Injury Liability: $2,000,000 each occurrence, $4,000,000 annual aggregate.
Personal Injury Liability: $2,000,000.00 each occurrence, $4,000,000 annual aggregate.
Property Damage Liability: $2,000,000 each occurrence, $4,000,000, annual aggregate.
(b) Auto Liability: $1,000,000 combined single limit.
(c) Worker's Compensation in the amount required by applicable law, with Employer's
Liability of not less than $500,000.00 per accident and $100,000.00 per employee disease
($500,000.00 policy limit-disease).
TO THE FULLEST EXTENT PERMITTED BY LAW, CITY HEREBY ASSUMES AND
AGREES TO RELEASE, ACQUIT AND WAIVE ANY RIGHTS WHICH CITY MAY
HAVE AGAINST AND FOREVER DISCHARGE THE INDEMNIFIED PARTIES FROM
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AND AGAINST ANY AND ALL CLAIMS, DEMANDS OR LIABILITIES IMPOSED
UPON THEM BY LAW OR OTHERWISE OF EVERY KIND, NATURE AND
CHARACTER ON ACCOUNT OF PERSONAL INJURIES, INCLUDING DEATH AT
ANY TIME RESULTING THEREFROM, AND ON ACCOUNT OF DAMAGE TO OR
DESTRUCTION OF PROPERTY ARISING OUT OF OR IN ANY WAY RELATING TO
OR OCCURRING IN CONNECTION WITH THE USE OR ACCESS OF THE ACCESS
ROAD AND/OR THE OWNER'S PREMISES, WHICH MAY OCCUR TO OR BE
INCURRED BY ANY OF THE INDEMNIFIED PARTIES (EXCEPT TO THE EXTENT
SUCH INJURIES OR DAMAGES ARE CAUSED BY THE GROSS NEGLIGENCE OR
WILLFUL MISCONDUCT OF AN INDEMNIFIED PARTY SEEKING THE WAIVER
AND RELEASE HEREUNDER), OR ARISING FROM THE CONDITION OF THE
ACCESS ROAD AND/OR THE OWNER'S PREMISES.
The provisions of this paragraph shall survive any completion, expiration
and/or termination of this Agreement.
6. If any party violates or breaches any term of this Agreement, such violation or
breach shall be deemed to constitute a default, and the other party has the right to seek
legal or equitable remedies as may be available for the violation of breach; and, in
addition, if either party by reason of any default, fails to within five (5) business days
after notice thereof by the other party to comply with the conditions of this Agreement,
the other party may terminate this Agreement. In the event that City or any of the other
City Parties breaches any of the terms or provisions of this Agreement, then Owner and
Owner's Representative shall be permitted to pursue any remedy available at law or in
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equity. The prevailing party in an action, suit or other proceeding to enforce the terms
and provisions of this Agreement shall be entitled to recover in any award or judgment
its reasonable attorneys' fees, courts costs and other costs incurred. Any waiver by
Owner of a breach of any provision of this Agreement shall not constitute a waiver of
any subsequent breach of this Agreement, nor shall Owner's delay in exercising any
right or remedy operate as a waiver of such right or remedy. No waiver under this
Agreement shall be valid unless made in writing and signed by Owner.
7. That no amendment, revision or modification to this Agreement 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. The parties shall submit all disputes, which arise under
this Agreement to state or federal courts located in the City of Chicago, Illinois for
resolution. The parties acknowledge the aforesaid courts shall have exclusive
jurisdiction over this Agreement and specifically waive any claims, which they may
have that involve jurisdiction or venue, including but not limited to forum non
conveniens.
10. That the Owner hereby represents and warrants to the City that it is the fee
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simple title holder of the Owner's Premises and the Access Road and that the Owner
has the full power and authority to enter into this Access Road Agreement as provided
herein. That City hereby represents and warrants to the Owner that it is the fee simple
title holder of the City adjacent Sports Complex property and that City has the full
power and authority to enter into this Agreement as provided herein.
11. That this Agreement shall be binding on the parties hereto, their successors
and permitted assigns. City shall not have the right to assign this Agreement to any
other party without Owner's Representative's prior written consent. City shall not
record this Agreement or any memorandum of this Agreement.
12. All notices which concern this Agreement shall be given in writing, as
follows: (i) by actual delivery of the notice into the hands of the party entitled to receive
it, in which case such notice shall be deemed given on the date of delivery; (ii) by
mailing such notice by registered or certified mail, return receipt requested, in which
case such notice shall be deemed given two (2) business days from the date of its
mailing; (iii) by Federal Express, UPS, DHL or any other overnight carrier, in which
case such notice shall be deemed given one (1) business day from the date of its mailing;
or (iv) by facsimile or telecopy, in which case such notice shall be deemed given on the
date it is sent. All notices, which concern this Agreement, shall be addressed as follows:
If to Owner/Owner's Representative:
Mr. Joseph Benson
c/o Central Blacktop Co., Inc.
6160 S. East Ave.
Hodgkins, IL 60525
Facsimile: (708) 482-9671
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•
With a copy to: Maurides & Foley, L.L.C.
2 North LaSalle,Suite 1800
Chicago, IL 60602
Facsimile: (312) 332-5666
Attn: Adrian Tabangay, Esq.
If to City: James R. Nowicki
Fiscal Services Director
City of Elgin
150 Dexter Court
Elgin, IL 60120-5555
Facsimile: (847) 931-5622
With a copy to: William A. Cogley, Corporation Counsel
City of Elgin
150 Dexter Court
Elgin, IL 60120-5555
Facsimile: (847) 931-5665
THE REMAINDER OF THIS PAGE WAS LEFT INTENTIONALLY BLANK.
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IN WITNESS WHEREOF, the parties have entered into and executed this Access
Road License Agreement on the date and year first written above.
CITY OF ELGIN, an Illinois
municipal corporation
By: 1� .� Eger
Attest:
111 • „`�•
City Cl-rk
STATE BANK OF COUNTRYSIDE, AS TRUSTEE UNDER
TRUST AGREEMENTS DATED JUNE 15, 1990 KNOWN AS
TRUST NOS. 90-689 & 90-690
By ! /� = C. COOL :;•lf .G
o"11ai1 ��
i10,1 1.il6;ni r,
• or Ca:• •y:,re
r' cf 1r,s. .a r
J7r: t r',ltbe
. ; of
ii ., .•t(1,� 'i..S of,'./
i,', iS: �i' a"1J i 3bjiity of the Stato. Eicr'{�.t
otory c cruse shall he c a^'r,,;Lnr ;' f
HENRY LOUKOTA e'; a`cr ..`t, er-cried
r �y 1�;ea
a docwncrts ex1cuicd L yy
LAKOTA, INC.
By: Z(/
Its: 9r U«p,s-,
F:\Legal Dept\Agreement\Access License Agreement-Sports Complex-Lakota Inc-clean 5-7-08.doc
12
EXHIBIT A
LEGAL DESCRIPTION OF OWNER'S PREMISES
THAT PART OF THE NORTH HALF OF SECTION 26, TOWNSHIP 41 NORTH,
RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING ON THE WEST LINE OF SAID SECTION 26, 983.22 FEET SOUTHERLY
OF THE NORTHWEST CORNER OF SAID SECTION 26; THENCE AZIMUTH 179
DEGREES, 40 MINUTES, 10 SECONDS (ASSUMED AZIMUTH 0 DEGREES, 00
MINUTES, 00 SECONDS NORTH), ALONG SAID WEST LINE, 732.23 FEET TO THE
SOUTH LINE OF LANDS FORMERLY OWNED BY JOHN COX; THENCE AZIMUTH
90 DEGREES, 00 MINUTES, 00 SECONDS ALONG SAID COX'S SOUTH LINE, 3353.18
FEET, TO THE WESTERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE NO. 31;
THENCE AZIMUTH 38 DEGREES, 05 MINUTES, 57 SECONDS, ALONG SAID
WESTERLY RIGHT-OF-WAY LINE, 102.93 FEET TO THE SOUTH LINE OF PARCEL 2
DESCRIBED IN DOCUMENT NO. 1968204; THENCE AZIMUTH 270 DEGREES, 00
MINUTES, 00 SECONDS, ALONG THE SOUTH LINE OF SAID PARCEL 2 IN
DOCUMENT NO. 1968204, AND THE WESTERLY EXTENSION THEREOF, 554.30
FEET; THENCE AZIMUTH 0 DEGREES, 00 MINUTES, 31 SECONDS, PARALLEL
WITH THE WEST LINE OF SAID PARCEL 2 IN DOCUMENT NO. 1968204, 655.88
FEET TO THE SOUTH LINE OF STATE OF ILLINOIS LANDS; THENCE AZIMUTH
269 DEGREES, 54 MINUTES, 26 SECONDS, ALONG THE SOUTH LINE OF SAID
STATE LANDS, 2866.72 FEET TO THE POINT OF BEGINNING, EXCEPTING THAT
PART LYING NORTH OF A LINE 81.0 FEET NORTH OF AND PARALLEL WITH
SAID COX'S SOUTH LINE AND EXCEPT THAT PART FALLING WESTERLY OF THE
FOLLOWING DESCRIBED LINE:
COMMENCING ON THE WEST LINE OF SAID SECTION 26, 983.22 FEET
SOUTHERLY OF THE NORTHWEST CORNER OF SAID SECTION 26; THENCE
AZIMUTH 179 DEGREES, 40 MINUTES, 10 SECONDS (ASSUMED AZIMUTH 0
DEGREES, 00 MINUTES, 00 SECONDS NORTH), ALONG SAID WEST LINE, 732.23
FEET TO THE SOUTH LINE OF LANDS FORMERLY OWNED BY JOHN COX;
THENCE AZIMUTH 90 DEGREES, 00 MINUTES, 00 SECONDS ALONG SAID COX'S
SOUTH LINE, 896.23 FEET FOR THE POINT OF BEGINNING; THENCE AZIMUTH 0
DEGREES, 00 MINUTES, 00 SECONDS, 81.00 FEET; THENCE AZIMUTH 357
DEGREES, 34 MINUTES, 08 SECONDS, 474.85 FEET; THENCE AZIMUTH 0
DEGREES, 00 MINUTES, 00 SECONDS, 178.22 FEET TO THE SOUTH LINE OF STATE
OF ILLINOIS LANDS, ALL IN KANE COUNTY, ILLINOIS.
ALSO:
THAT PART OF THE NORTH HALF OF SECTION 26, TOWNSHIP 41 NORTH,
RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
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BEGINNING AT A CONCRETE MONUMENT ON THE WEST LINE OF SAID
SECTION 26, 983.22 FEET SOUTHERLY OF THE NORTHWEST CORNER OF SAID
SECTION 26; THENCE AZIMUTH 179 DEGREES, 40 MINUTES, 10 SECONDS
(ASSUMED AZIMUTH 0 DEGREES, 00 MINUTES, 00 SECONDS NORTH), ALONG
SAID WEST LINE, 732.23 FEET TO A CONCRETE MONUMENT ON THE SOUTH
LINE OF LANDS FORMERLY OWNED BY JOHN COX; THENCE AZIMUTH 90
DEGREES, 00 MINUTES, 00 SECONDS ALONG SAID COX'S SOUTH LINE, 896.23
FEET; THENCE AZIMUTH 0 DEGREES, 00 MINUTES, 00 SECONDS, 81.00 FEET;
THENCE AZIMUTH 357 DEGREES, 34 MINUTES, 08 SECONDS, 474.85 FEET;
THENCE AZIMUTH 0 DEGREES, 00 MINUTES, 00 SECONDS, 178.22 FEET TO THE
SOUTH LINE OF STATE OF ILLINOIS LANDS; THENCE AZIMUTH 269 DEGREES,
54 MINUTES, 26 SECONDS, ALONG THE SOUTH LINE OF SAID STATE LANDS,
880.31 FEET TO THE POINT OF BEGINNING, (EXCEPTING THEREFROM THAT
PART OF THE NORTHWEST QUARTER DESCRIBED AS FOLLOWS: COMMENCING
AT THE NORTHWEST CORNER OF SAID SECTION 26; THENCE SOUTH 00
DEGREES 22 MINUTES 51 SECONDS EAST ALONG THE WESTERLY LINE OF SAID
SECTION 26, 985.01 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING
SOUTH 00 DEGREES 22 MINUTES 51 SECONDS EAST ALONG THE WESTERLY
LINE OF SAID SECTION 26, 677.51 FEET; THENCE NORTH 89 DEGREES 57
MINUTES 06 SECONDS EAST, 40.00 FEET; THENCE NORTH 00 DEGREES, 22
MINUTES 51 SECONDS EAST, 677.54 FEET; THENCE SOUTH 89 DEGREES 54
MINUTES 26 SECONDS WEST, 40.00 FEET TO THE POINT OF BEGINNING), IN THE
TOWNSHIP OF ELGIN, KANE COUNTY, ILLINOIS.
ALSO:
THAT PART OF THE NORTH HALF OF SECTION 26, TOWNSHIP 41 NORTH,
RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT A CONCRETE MONUMENT ON THE WEST LINE OF SAID
SECTION 26, 983.22 FEET SOUTHERLY OF THE NORTHWEST CORNER OF SAID
SECTION 26; THENCE AZIMUTH 179 DEGREES, 40 MINUTES, 10 SECONDS
(ASSUMED AZIMUTH 0 DEGREES, 00 MINUTES, 00 SECONDS NORTH), ALONG
SAID WEST LINE, 732.23 FEET TO A CONCRETE MONUMENT ON THE SOUTH
LINE OF LANDS FORMERLY OWNED BY JOHN COX; THENCE AZIMUTH 90
DEGREES, 00 MINUTES, 00 SECONDS ALONG SAID COX'S SOUTH LINE, 1868.23
FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING AZIMUTH 90
DEGREES, 00 MINUTES, 00 SECONDS ALONG SAID COX'S SOUTH LINE, 1485.20
FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE NO. 31;
THENCE AZIMUTH 38 DEGREES, 05 MINUTES, 57 SECONDS, ALONG SAID
WESTERLY RIGHT-OF-WAY LINE, 102.93 FEET TO THE SOUTH LINE OF PARCEL 2
DESCRIBED IN DOCUMENT NO. 1968204; THENCE AZIMUTH 270 DEGREES, 00
MINUTES, 00 SECONDS, ALONG THE SOUTH LINE OF SAID PARCEL 2 IN
DOCUMENT NO. 1968204, AND THE WESTERLY EXTENSION THEREOF, 554.30
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FEET; THENCE AZIMUTH 0 DEGREES, 00 MINUTES, 31 SECONDS, PARALLEL
WITH THE WEST LINE OF SAID PARCEL 2 IN DOCUMENT NO. 1968204, 655.88
FEET TO THE SOUTH LINE OF STATE OF ILLINOIS LANDS; THENCE AZIMUTH
269 DEGREES, 54 MINUTES, 26 SECONDS, ALONG THE SOUTH LINE OF SAID
STATE LANDS, 994.27 FEET TO A POINT 1872.45 FEET EASTERLY OF, AS
MEASURED ALONG THE SOUTH LINE OF SAID STATE LANDS, THE
COMMENCEMENT POINT OF THIS DESCRIPTION; THENCE AZIMUTH 180
DEGREES, 00 MINUTES, 00 SECONDS, 735.25 FEET TO THE POINT OF BEGINNING,
IN THE TOWNSHIP OF ELGIN, KANE COUNTY, ILLINOIS.
ALSO:
THAT PART OF THE NORTH HALF OF SECTION 26, TOWNSHIP 41 NORTH,
RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE EAST LINE OF GILPEN AVENUE, AS PLATTED
IN LORRAINE TERRACE, WHICH IS 303.54 FEET NORTH OF THE NORTHWEST
CORNER OF LOT 23 IN BLOCK 19 IN LORRAINE TERRACE; THENCE NORTHERLY
ALONG THE EAST LINE OF GILPEN AVENUE, 514.79 FEET TO THE SOUTH LINE
OF A PUBLIC ROAD; THENCE EASTERLY ALONG SAID SOUTH LINE, 1552.17
FEET TO THE CENTER LINE OF STATE ROUTE 31; THENCE SOUTH 37 DEGREES,
57 MINUTES, 0 SECONDS WEST, ALONG SAID CENTER LINE TO A POINT 810.5
FEET NORTHEASTERLY (MEASURED ALONG SAID CENTER LINE) FROM THE
SOUTH LINE OF THE NORTH HALF OF SAID SECTION 26; THENCE NORTH 89
DEGREES, 34 MINUTES, 0 SECONDS WEST, 299.11 FEET; THENCE SOUTH 25
DEGREES, 59 MINUTES, 11 SECONDS WEST, 231.89 FEET TO A LINE DRAWN
EASTERLY PARALLEL WITH THE SOUTH LINE OF SAID NORTH HALF FROM
THE POINT OF BEGINNING; THENCE WESTERLY ALONG SAID PARALLEL LINE
894.39 FEET TO THE POINT OF BEGINNING, (EXCEPT THAT PART DESCRIBED AS
FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF
SAID NORTH HALF WITH THE CENTER LINE OF STATE ROUTE 31; THENCE
NORTH 37 DEGREES, 57 MINUTES, 0 SECONDS EAST ALONG SAID CENTER LINE,
810.5 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES, 34
MINUTES, 0 SECONDS WEST 299.11 FEET; THENCE NORTH 25 DEGREES, 59
MINUTES, 11 SECONDS EAST 17.18 FEET; THENCE SOUTH 89 DEGREES, 34
MINUTES, 0 SECONDS EAST 303.6 FEET TO THE CENTER LINE OF STATE ROUTE
31; THENCE SOUTH 37 DEGREES, 57 MINUTES, 0 SECONDS WEST, ALONG SAID
CENTER LINE 19.51 FEET TO THE POINT OF BEGINNING, IN THE VILLAGE OF
SOUTH ELGIN, KANE COUNTY, ILLINOIS.
ALSO:
THAT PART OF THE NORTH HALF OF SECTION 26, TOWNSHIP 41 NORTH,
RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
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BEGINNING AT THE WEST LINE OF SAID SECTION 26, 983.22 FEET SOUTHERLY
OF THE NORTHWEST CORNER OF SAID SECTION 26; THENCE AZIMUTH 179
DEGREES, 40 MINUTES, 10 SECONDS (ASSUMED AZIMUTH 0 DEGREES, 00
MINUTES, 00 SECONDS NORTH), ALONG SAID WEST LINE, 732.23 FEET TO THE
SOUTH LINE OF LANDS FORMERLY OWNED BY JOHN COX; THENCE AZIMUTH
90 DEGREES, 00 MINUTES, 00 SECONDS ALONG SAID COX'S SOUTH LINE, 3353.18
FEET, TO THE WESTERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE NO. 31;
THENCE AZIMUTH 38 DEGREES, 05 MINUTES, 57 SECONDS, ALONG SAID
WESTERLY RIGHT-OF-WAY LINE, 102.93 FEET TO THE SOUTH LINE OF PARCEL 2
DESCRIBED IN DOCUMENT NO. 1968204; THENCE AZIMUTH 270 DEGREES, 00
MINUTES, 00 SECONDS, ALONG THE SOUTH LINE OF SAID PARCEL 2 IN
DOCUMENT NO. 1968204, AND THE WESTERLY EXTENSION THEREOF, 554.30
FEET; THENCE AZIMUTH 0 DEGREES, 00 MINUTES, 31 SECONDS, PARALLEL
WITH THE WEST LINE OF SAID PARCEL 2 IN DOCUMENT NO. 1968204, 655.88
FEET TO THE SOUTH LINE OF STATE OF ILLINOIS LANDS; THENCE AZIMUTH
269 DEGREES, 54 MINUTES, 26 SECONDS, ALONG THE SOUTH LINE OF SAID
STATE LANDS, 2866.72 FEET TO THE POINT OF BEGINNING, EXCEPTING THAT
PART LYING NORTH OF A LINE 81.0 FEET NORTH OF AND PARALLEL WITH
SAID COX'S SOUTH LINE AND EXCEPT THAT PART LYING WEST OF A LINE 40.0
FEET EASTERLY OF AND PARALLEL WITH SAID WEST LINE OF SAID SECTION
26, IN KANE COUNTY, ILLINOIS.
16
EXHIBIT B
DEPICTION OF ACCESS ROAD
See attached.
17
ALTA / ACSM LAND TITLE SURVEY
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ALTA/ACSM LAND TITLE SURVEY
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HACKIE CONSULTANTS LLC ABBOTT LAND & INVESTMENT CORP. ALTA/AGSM LAND TITLE SURVEY
7,7,,,,,,,T%: G17,7.4.:71c:1141 -- -
a----- -------7------=.-----:77.:--___• -- ROUTE 31 AND BOWES ROAD
_ M^7:7' ',n,
- —______ ____ _________ SOUTH ELGIN,ILLINOIS
0.TE 1, DA T[ ii41,47,'-'4:4:174:4;7:4:,
OF EL,
�` �" \� City of Elgin Memorandum
,.
Date: July 21, 2008
To: Diane Robertson, City Clerk
From: Mary Giffort, Legal Secretary/Paralegal
Subject: Access Road License Agreement between the City and the State Bank of Countryside
Attached find a fully executed copy of the above-referenced agreement which was passed by the city
council on May 14, 2008.
G
Attachment