16-99 Unsigned Resolution No. 16-99 tJ r
RESOLUTION
AUTHORIZING EXECUTION OF A CONSERVATION EASEMENT AND
REGISTRATION AGREEMENT WITH ILLINOIS DEPARTMENT OF NATURAL
RESOURCES AND ILLINOIS NATURE PRESERVES COMMISSION REGARDING
TROUT PARK RIVER'S EDGE LAND AND WATER RESERVE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized
and directed to execute a Conservation Easement and Registration Agreement on behalf of the
City of Elgin with Illinois Department of Natural Resources and Illinois Nature Preserves
Commission regarding Trout Park River's Edge Land and Water Reserve, a copy of which is
attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: July 13, 2016
Adopted: July 13, 2016
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
CONSERVATION EASEMENT AND REGISTRATION AGREEMENT
FOR
TROUT PARK RIVER'S EDGE LAND AND WATER RESERVE
KNOW ALL PEOPLE BY THESE PRESENTS, that this Registration Agreement
in the form of a Grant of Conservation Right and Easement pursuant to the Real
Property Conservation Rights Act, 765 ILCS 120, as amended, is made this 30th day of
June , 2016.
WITNESSETH:
WHEREAS the City of Elgin, whose address is 150 Dexter Court, Elgin, being the
owner thereof, (hereinafter with its heirs and assigns, called the "Grantor"), is the owner
in fee simple of certain real property (hereinafter called "Registered Reserve") which
supports natural heritage resources or archaeological resources of Statewide
significance and is described as follows:
See Exhibit A; and
WHEREAS, The Illinois Department of Natural Resources and the Illinois Nature
Preserves Commission (hereinafter with their successors and assigns, called
"Grantees"), are agencies of the State of Illinois with offices at One Natural Resources
Way,Springfield,lllinois; and
WHEREAS, The Grantor and Grantees, by this Registration Agreement and
Conveyance to the Grantee of a Conservation Right and Easement on, over,
Registration of Trout Park River's Edge Land and Water Reserve Page 2
and across the Registered Reserve, desire to conserve the natural heritage
resources or archeological resources thereof and prevent the use or development of
the Registered Area for any purpose or in any manner that would conflict with the
maintenance of the significant natural features and associated ecological processes
thereof; and
WHEREAS, "Natural heritage resources or archeological resources of
Statewide significance" as used herein shall, without limiting the generality of the
terms, mean the condition of the Registered Reserve at the time of execution of this
document, and as indicated by reports, maps, photographs, and other
documentation that the parties agree provide, collectively, an accurate
representation of the Registered Reserve at the time of this grant and which is
intended to serve as an objective information baseline for monitoring compliance
with the terms of this grant; and
WHEREAS, The Grantees are willing to accept this Grant of Conservation
Right and Easement subject to the reservations and to the covenants, terms,
conditions, and restrictions set out herein and imposed hereby; and
WHEREAS, The Registered Reserve is registered for the purposes, and
shall be held, maintained and used, as provided for in the Illinois Natural Areas
Preservation Act, 525 ILCS 30 (hereinafter referred to as the "Act"), and the rules
entitled the Register of Land and Water Reserves (17 III. Adm. Code, Part 4010)
and as provided for in any amendment to that Act or rule, but no such amendment
shall alter the commitment to the preservation of natural conditions of the
Registered Reserve by the Grantor as of the date of this Registration Agreement;
and
NOW THEREFORE, The Grantor, for and in consideration of the above
recitations and of the mutual covenants, terms, conditions, and restrictions
hereinafter contained, and as an absolute and unconditional gift, does hereby give,
grant, bargain, sell, and convey unto the Grantees, forever, a Conservation Right
and Easement in perpetuity on, over, and across the Registered Reserve,
consisting of the following:
1. The right to view the Registered Reserve in its natural, scenic, and open
condition;
2. The right to enter the Registered Reserve at reasonable times upon
reasonable notice to inspect the condition of the Registered Reserve; and
Registration of Trout Park River's Edge Land and Water Reserve Page 3
3. The right to enforce by proceedings at law or in equity the covenants set
forth below, it being agreed that there shall be no waiver or forfeiture of the
Grantees' right to ensure compliance with the covenants and conditions of this
grant by reason of any prior failure to act; and
4. The rights to all development which shall not be exercised on, above, or
below the Registered Reserve in a manner that would interfere with the
preservation and conservation purposes of this Agreement.
And in furtherance of the above affirmative rights of the Grantees, the
Grantor makes the following covenants which shall run with and bind the
Registered Reserve, the Grantor shall not:
1. Commit any act or omission in violation of the rules entitled the
Register of Land and Water Reserves, as amended (17 Ill. Adm.
Code, Part 4010);
2. Fill, excavate, mine, or drill the Registered Reserve; remove topsoil,
sand, gravel, rock, minerals, gas, oil, or other products that result in the
alteration of surface topography of the Registered Reserve, unless
such activities are for the purpose of restoring the original topography
and/or natural community of the Registered Reserve in accordance
with the Management Program; or install mechanical devices upon the
Registered Reserve;
3. Allow commercial, industrial, or multiple dwelling activity on the
Registered Reserve, nor shall any right of passage across or upon the
Registered Reserve be allowed or granted without the mutual consent
of the Grantee;
4. Construct or place on the Registered Reserve temporary or permanent
buildings, docks or other structures, including mobile homes, trailers or
recreational vehicles providing living quarters;
5. Construct or allow the construction of billboards, privacy fences, lighted
signage, or other forms of advertising or promotion on the Registered
Reserve that would detract from the nature-based scenic and aesthetic
value of the Registered Reserve;
Registration of Trout Park River's Edge Land and Water Reserve Page 4
6. Build new roads or widen existing roads without the mutual consent of
the Grantees and Grantor.
Grantor shall have prepared a Management Program in accordance with the
Register of Land and Water Reserves, as amended. The Management Program is
attached hereto and hereby approved by Grantees.
Grantees shall be subject to the provisions of the Illinois Natural Areas
Preservation Act, as amended, as that Act relates to registered areas, and the
Register of Land and Water Reserves, as amended, and shall hold and exercise the
rights and responsibilities described therein.
Grantor agrees to incorporate this Grant of Conservation Right and
Easement by reference in any deed or other legal instrument by which it divests
itself of any interest in all or a portion of the Registered Reserve and to use
reasonable efforts to notify Grantees of any such transaction.
The Registered Reserve shall remain as one tract whether under individual or
multiple ownership and it shall not at any time be divided or subdivided as to
ownership.
No right of access to the general public to any portion of the Registered
Reserve is conveyed by this Agreement.
The Grantor intends that this Easement shall qualify for treatment as a
"qualified conservation contribution" under Section 170(h) of the Internal Revenue
Code of 1986 (hereinafter referred to as the "Code"). The Grantees are authorized
hereby and under the Act and the Real Property Conservation Rights Act to enforce
this Easement on behalf of the public and to take such other action as may be
provided herein or under these Acts. The Grantees are governmental units
described in Section 170(b)(1)(A)(v) of the Code.
If circumstances arise in the future which render the purpose of this
Easement impossible to accomplish, this Easement can only be terminated or
extinguished, with respect to the entire Registered Reserve or any portion thereof,
by a written instrument executed on behalf of the Grantees followed by a judgment
by a court of competent jurisdiction terminating or extinguishing this Registration
with respect to the entire property or any portion thereof. Any taking of the
Registered Reserve or any portion thereof, under power of eminent domain, may
occur only as provided in the Act and rules governing Registered Reserves. Upon
such extinguishment, whether through eminent domain or otherwise, the Grantees
Registration of Trout Park River's Edge Land and Water Reserve Page 5
shall be entitled, after the satisfaction of prior claims, to their share of the proceeds
from any sale, exchange, financing, or involuntary conversion of all or any portion of
the Registered Reserve subsequent to such termination or extinguishment, equal to
the value of this Easement. The value of this Easement at the time of such
extinguishment, shall be determined as provided below. The Grantees shall use all
such proceeds in a manner consistent with the conservation purposes of this grant,
provided, however, that such use shall not be limited to the Registered Reserve.
This Easement constitutes a real property interest immediately vested in
Grantees, which has a fair market value determined by multiplying the fair market
value of the Registered Reserve unencumbered by this Easement by a fraction, of
which the numerator shall be the value of the Easement at the time of this grant and
the denominator shall be the value of the Registered Reserve, without deduction for
the value of this Easement, at the time of this grant. The values at the time of this
grant shall be those values used to calculate the deduction for federal income tax
purposes allowable by reason of this grant, pursuant to Section 170(h) of the Code,
as amended. For the purposes of this paragraph, the ratio of the value of the
Easement to the value of the Registered Reserve unencumbered by this Easement
shall remain constant, and the value of this Easement shall be equal to the
difference in value between the Registered Reserve, without diminution attributable
to this Easement, and the value of the Registered Reserve as encumbered by this
Easement.
In the event Grantor claims a federal income tax deduction for donation of a
"qualified conservation contribution" as that term is defined in Section 170(h) of the
Internal Revenue Code, Grantor shall provide the Grantees with a copy of all
appraisals of the fair market value of this Easement. Upon receipt of all such
appraisals and this fully executed instrument, the Grantees shall sign any
appropriate appraisal summary form prepared by the Internal Revenue Service and
submitted to the Grantees by Grantor.
By their acceptance hereof the Grantees also agree to be bound by the
covenants binding on the Grantor as set forth above.
TO HAVE AND TO HOLD the said Conservation Easement unto the Grantees
forever.
Registration of Trout Park River's Edge Land and Water Reserve Page 6
Except as expressly limited herein, the Grantor reserves all rights as owner of
the Registered Reserve, including the right to use the Registered Reserve for
purposes not inconsistent with this Grant.
Any other provisions of this Registration Agreement, or any provisions of the
rules entitled the Register of Land and Water Reserves (17 III. Adm. Code, Part
4010) as now or hereafter amended, notwithstanding, the City of Elgin reserves the
right to maintain the existing parking lot and the amenities associated with that
parking lot that include a small boat launch site, parking for approximately 10 cars, a
wildlife viewing location, latrine facility, signage and picnic tables. The City of Elgin
further reserves the right to maintain an interior pedestrian and biking trail and
amenities associated with that trail that include an educational kiosk, and signage
highlighting the history of the site and its current use/location along the regional bike
trail. The City of Elgin also reserves the right to use an adaptive management
strategy for restoration and management activities. Those activities pertain to fire
regimes, seed harvest and dispersal, and control measures for invasive native and
non-native plant species, with approval from staff of the Illinois Nature Preserves
Commission. The owner further reserves the right to monitor both the surface and
groundwater hydrology at Trout Park River's Edge. The City of Elgin also reserves
the right to provide fishing along the banks of the Fox River (as permitted in17 III.
Adm. Code) and may, as deemed necessary and with the permission of INPC staff,
designate and/or design fishing platforms that serve to direct and control fishing
activities.
The terms hereof shall be deemed to run with the land and be binding upon
all successors and assigns of both the Grantor and the Grantees.
Registration of Trout Park River's Edge Land and Water Reserve Page 7
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 30th
day of June , 2016.
GRANTOR:
gif
David J. Kapt P, M. !or
City of EI:i7)tinois
Attest: , 4,,,,_ Atwe 21;(../.44
City Cl k
STATE OF ILLINOIS )
) SS
COUNTY OF KANE )
I, the undersigned, a Notary Public, in and for the County and State
aforesaid, Do HEREBY CERTIFY that David J. Kaptain, Mayor, and Kimberly A,,, DewCS,
representing the City of Elgin, Illinois, personally known to me to be the same
personawhose names subscribed to the forening Instrument, appeared before me
this day in person#nd acknowledged that he'signed, sealed, and delivered the said
Instrument as his/free and voluntary act, for the uses and purposes herein set forth.
GIVEN under my hand and notarial seal, this 30th day of June
, 2016.
r
Ca%1Mk �s 46 __ItIttt
Notary Public
"OFFICIAL SEAL" % My Commission expires:
BARBARA B FURMAN r
Notary State of Q&►ais g'lC?-��
My Commission Expires 0&O119
Registration of Trout Park River's Edge Land and Water Reserve Page 8
ACCEPTANCE BY GRANTEES:
Wayne A. Rosenthal Date
Director, Illinois Department of Natural Resources
Donnie R. Dann Date
Chair, Illinois Nature Preserves Commission
Attest:
Abigail Derby Lewis Date
Secretary, Illinois Nature Preserves Commission
EXHIBIT A
Legal Description
Trout Park River's Edge Land and Water Reserve
in
Kane County, Illinois.
That part of the South half of Section 1, Township 41 North, Range 8 East of the
Third Principal Meridian, described as follows: Commencing at the Northeast
corner of Section 1; thence Southerly along the East line of said Section 290.9
feet; thence Westerly along a line forming an angle of 90 degrees 40 minutes to
the right with the extension of the last described line to the Easterly bank of the
Fox River for the point of beginning; thence Easterly along the last described line
to the Easterly right of way line of the Chicago and Northwestern Railway
Company; thence Southerly along said Westerly right of way line to the Easterly
line Carpenter's Fox River Addition to Elgin; thence Northeasterly along said
Easterly bank of Fox River; thence Northeasterly along said Easterly bank to the
point of beginning, (except that part conveyed to Northern Illinois Gas Company
by Warranty Deed recorded April 9, 1959 as document 886578) in the City of
Elgin, containing 9.01 acres more or less, in Kane County, Illinois.
PIN 06-01-403-003 (portion thereof)
06-01-403-005
06-01-376-022
Lots 12-14 of Carpenter's Fox River Addition, Elgin Township, a part of Section 1,
Township 41 North, Range 8, East of the Third Principal Meridian, according to
the plat thereof recorded May 23, 1923 in Book of Records Number 706, at Page
422, containing 0.5 acres more or less, in Kane County, Illinois.
PIN 06-01-376-018
06-01-376-019
06-01-376-020
06-01-376-021