DOCUMENT VET SHEET for

Karen McConnaughay Chairman, Kane County Board

Name ofDocument: Third Amendment of the IGA between County of Kane and the

Kane County Forest Preserve District (Stearns Road Extended)

Submitted by: Pat Jaeger

Date Submitted: January 21, 2009

Examined by:

(Date)

Comments:

©No {~3o-O? ·. (Date)

Documen7to: c~~· Chairman signed:

Rev. 8/05

KANE COUNTY DIVISION of TRANSPORTATION

Carl Schaedel, P.E. Director of Transportation County Engineer

41W011 Burlington Road St. Charles, IL 60175

Phone: (630) 584-1170 Fax: (630) 584-5265

DATE:

TO:

FROM:

SUBJECT:

January 22, 2009

Jean Weems County Board Office

Linda H~ (J.Jv December c~/Board 2 - Third Amendment to the Intergovernmental Agreement between the County of Kane and the Kane County Forest Preserve District (Stearns Road Extended), Exhibit F and Exhibit G with Document Vet Sheet (Kane County Resolution No. 08-406)

TRANSMITTED FOR:

( ) YOUR INFORMATION AND FILE

( ) YOUR APPROVAL AND/OR CORRECTION

( ) AS REQUESTED

(X) SEE BELOW

REMARKS: Please have the County Board Chairman sign,~¥.nd to County Clerk for signature and seal, and then return to our office for further processing. ....

Thanks.

STATE OF ILLINOIS

COUNTY OF KANE

RESOLUTION NO. 08- 406

APPROVING AMENDMENT No. 3 TO THE INTERGOVERNMENTAL AGREEMENT WITH THE KANE COUNTY FOREST PRESERVE DISTRICT

FOR STEARNS ROAD EXTENDED

WHEREAS, pursuant to Kane County Resolution No. 00-254, the County of Kane (County) and the Kane County Forest Preserve District (District) entered into an agreement for right of way acquisition by the County for the Stearns Road Bridge Corridor, particularly in and near Blackhawk Forest Preserve and the Fox River Trail; and

WHEREAS, pursuant to Kane County Resolution No. 04-438, Amendment No. 1 of the Intergovernmental agreement extended the time limit for right-of-way acquisition by the County from the District from January 1, 2005 to January 1, 2010; and

WHEREAS, the County and the District subsequently entered into an intergovernmental agreement entitled Second Amendment to the Intergovernmental Agreement between the County of Kane and the Kane County Forest Preserve District (Stearns Road Extended) on the 8th day of April 2008; and

WHEREAS, the County has further refined its roadway and bridge design plans and subsequently its right of way plans and has adjusted appropriately the scope of the. right of way acquisition necessary for the Stearns Road Bridge Corridor.

NOW, \THEREFORE, BE IT RESOLVED by the Kane County Board that the Chairman thereof is hereby authorized to execute the Third Amendment to the Intergovernmental Agreement with the Kane County Forest Preserve District (a copy of which is on file with the County Clerk's office).

assed by the Kane County Board on December 9, 2008.

John A. Cunningham Clerk, County Board Kane County, Illinois

Vote: Yes No Voice Abstentions

121GA-FP

STATE OF ILLINOIS. COUNTY OF KANE

n McConnaughay Chairman, County Board Kane County, Illinois

' .). •I'

TIDRD AMENDMENT OF THE

INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF KANE AND

THE KANE COUNTY FOREST PRESERVE DISTRICT

(STEARNS ROAD EXTENDED)

This Third Amendment of the Intergovernmental Agreement by and between the County of Kane and the Kane County For est Preserve District for the Stearns Road Corridor is entered into as of the date set forth herein below by and between the County ofKane, a body corporate and politic of the State of Illinois (hereinafter "County"), and the Kane County Forest Preserve District, a downstate forest preserve district of the State of Illinois (hereinafter the "District"). The District and the County are hereinafter collectively referred to as the "Parties" and individually referred to as a "Party".

WITNESSETH:

WHEREAS, the County and the District are public agencies within the meaning of the Illinois Intergovernmental Cooperation Act as provided in the Illinois Compiled Statutes, 5 ILCS 220/1 et. seq.; and are units of local government within the meaning ofthe Constitution of Illinois, 1970, Article Vll, Section 1 0; and,

WHEREAS, the . County and the District have previously entered into an intergovernmental agreement entitled Intergovernmental Agreement between the County ofKane and the Kane County Forest Preserve District (Stearns Road Extended) on the 12th day of September 2000 (hereinafter the "Original Agreement"); and,

WHEREAS, the County and the District subsequently entered into an intergovernmental agreement entitled Amendment to the Intergovernmental Agreement between the County of Kane and the Kane County Forest Preserve District (Stearns Road Extended) on the 8th day of April 2005, (hereinafter the "First Amendment"). The Original Agreement and the First Amendment are hereinafter collectively referred to as the "AGREEMENT"; and,

WHEREAS, the County and the District subsequently entered into an intergovernmental agreement entitled Second Amendment to the Intergovernmental Agreement between the County ofKane and the Kane County Forest Preserve District (Stearns Road Extended) on the 8th day of April 2008, (hereinafter the "Second Amendment"). The Original Agreement, the First Amendment and the Second Amendment are hereinafter collectively referred to as the "AGREEMENT";

WHEREAS, the County has further studied and refined its plans and preparations for the alignment, design and construction of the Stearns Road Bridge Corridor in St. Charles Township, County of Kane, State of Illinois (hereinafter the "Project") and has developed various stages for the construction thereof; and, '

WHEREAS, the County's refined design and construction plans and construction staging requires that the County acquire from the District various permanent and temporary easements over, under and through the District's real property all for the purpose of highway construction for the Stearns R()ad Bridge Corridor; and,

Whereas, the County and the District desire to enter into this third amendment to the AGREEMENT, (hereinafter the "AMENDMENT"); and,

WHEREAS, the County and the District desire to co-operate amongst themselves in order to facilitate their respective statutory responsibilities and duties.

NOW, THEREFORE, in consideration of the foregoing preambles, the mutual covenants contained herein and for good and valuable consideration, the sufficiency of which is agreed to by the parties hereto, both the County and the District covenant, agree and bind themselves as follows, to wit:

1. The preambles as set forth hereinabove are made a part and incorporated into this AMENDMENT.

2. The County and the District agree that the terms and conditions of the Intergovernmental Agreement by and between the County of Kane and the Kane County Forest Preserve District (Stearns Road Extended) entered into on the 12th day of September 2000 shall remain in full force and effect unless modified herein or modified by the First Amendment thereof.

3. The County and the District agree that the terms and conditions of the Amendment of the Intergovernmental Agreement by and between the County of Kane and the Kane County Forest Preserve District (Stearns Road Extended) entered into on the 8th day April2005 shall remain in full force and effect unless otherwise modified herein.

4. The County and the District agree that the terms and conditions of the Second Amendment of the Intergovernmental Agreement by and between the County of Kane and the Kane County Forest Preserve District (Stearns Road Extended) entered into on the 8th day April 2008 shall remain in full force and effect unless otherwise modified herein.

5. The County seeks to acquire additional permanent highway easements from the District over, under, across and thiough that portion of the District's real property as described in

Exhibit "A" and Exhibit "B". The County also seeks to have the District grant to Commonwealth Edison a permanent easement across the District's property as described in Exhibit "C" for purposes of burying power lines that require relocation due to the Project. The permanent easements described in Exhibit "A", Exhibit "B" and Exhibit "C" are sometimes severally and collectively referred to as the "Permanent Easements".

6. The County further seeks to acquire temporary construction easements froin the District over under, across and through that portion of the District's real property as described in Exhibit "D" and Exhibit "E". The temporary construction easements described in Exhibit "D" and Exhibit "E" are hereinafter referred to as the "Temporary Easements".

7. As consideration for the Permanent Easements and the Temporary Easements, the County agrees to construct permanent ramps on the areas of the Permanent Easements described in Exhibit "A" and Exhibit "B" to the bike path bridge over the Fox River at the location of the Stearns Road Bridge crossing. The County also agrees to cooperate with the District to establish a tree replacement program for the area described in Exhibit "D".

8. Closing and possession shall be held at 1:00 p.m. on or before the 30th day of January 2009. Said closing shall be at the offices of the County or as otherwise agreed to by the Parties. The closing and possession date is legally significant to both the County and the District. The Parties hereto understand that when this AMENDMENT is signed by both the County and the pistrict, closing and possession may only be changed by mutual agreement thereof.

9. The County shall prepare plats of survey and legal descriptions for the Permanent Easements and the Temporary Easements and shall also prepare for the signature of the District and the signature of the County, which will be executed by the District and County at closing, the Permanent Easement Agreements (as hereinafter defmed), the Temporary Easement Agreement (as hereinafter defmed) and any documents as required by the County, the District, the Illinois Department of Transportation (IDOT) and the Internal Revenue Code. The County shall also be responsible for obtaining a commitment for and a policy of title insurance at the sole cost of the County.

10. At closing, the County and the District shall execute duplicate original copies of the Permanent Easement Agreements in the same form as set forth in Exhibit "F". Each Party shall receive one duplicate original copy of the Permanent Easement Agreement at closing.

11. At closing, the County and the District shall execute duplicate original copies the Temporary Easement Agreement in the same form as set forth in Exhibit "G". Each Party shall receive one duplicate original copy ofthe Temporary Easement Agreement at closing.

12. The District represents that no notice has been received of any zoning, building, fire or health code violations, environmental regulation or of any pending special assessment proceedings affecting the Permanent Easements or the Temporary Easements.

13. Any and all notices given pursuant to this AMENDMENT shall be in writing and signed by the attorney for the District and the attorney for the County and shall be given by certified mail or in person at the addresses herein below. Notice to any one of a multiple person party shall be notice to all.

, 14. The date ofthis AMENDMENT shall be the last date of acceptance ofthis AMENDMENT as provided herein below.

15. If the District defaults hereunder, the County may elect either to (i) terminate the District's obligations under the AMENDMENT by written notice to the District, or alternatively (ii) the County may file an action for specific performance of the AMENDMENT to compel the District to convey the Real Estate subject to the Permitted Exceptions and Survey Matters with a set off for liens of a definite and ascertainable amount and to grant the Permanent Easements and the Temporary Easements as set forth herein to the County. If the County defaults hereunder, the District may elect either to (i) terminate the County's obligations under the AMENDMENT by written notice to the County, or alternatively (ii) the District may file an action for specific performance ofthe AMENDMENT to compel the County to convey the Replacement Property subject to the Permitted Exceptions and Survey Matters with a set off for liens of a definite and ascertainable amount.

16. The District hereby represents and warrants to the County as follows, which representations and warranties shall be deemed remade by the District to County at the closing, and which shall survive the closing:

(a) To District's knowledge, there is no pending or threatened litigation affecting the Permanent Easements or the Temporary Easements nor to the best knowledge and belief of District is any such litigation contemplated by any party;

(b) The District has received no notice of, and has no actual knowledge of, any change that is contemplated with respect to the zoning of the Permanent Easements or the Temporary Easements, violation of any existing law, municipal ordinance or other governmental regulation, contemplated or threatened condemnation, or any other matter which would affect the Permanent Easements or the Temporary Easements;

(c) The District has the authority to execute and perform the terms of this AMENDMENT; and,

(d) The District has not received notice of any violations of local, state or federal laws including environmental laws, rules or regulations concerning the Permanent Easements or the Temporary Easements.

17. From and after the date hereof and so long as this AMENDMENT is in effect, the District shall not, without County's prior written consent, execute any lease, license, contract or other agreement affecting the Permanent Easements or the Temporary Easements that will survive the Closing.

18. This AMENDMENT may be amended only in writing upon the signatures of all the parties hereto.

19. This AMENDMENT is executed and submitted by the District as of the date set forth below. A duplicate original of this Contract, duly executed by the District shall be delivered to the County not later than 5 business days from such date.

20. This AMENDMENT shall be effective upon approval by the respective legislative bodies of the County and the District.

21. . The Parties acknowledge and agree that in the event that any section, paragraph, subdivision or sentence of this AMENDMENT shall be for any reason held invalid or to be unconstitutional, such decision or holding shall not affect the validity of the remainder of this AMENDMENT.

22. Save the provisions ofthis AMENDMENT, all other terms, provisions and conditions of the AGREEMENT shall remain in full force and effect.

IN WITNESS WHEREOF, the County of Kane has executed this Amendment as of the 9th December 2008 at Geneva, Illinois.

COUNTY OF KANE

Karen McConnaughay, Chairman Kane County Board 719 South Batavia A venue Geneva, Illinois 60134

ATTEST:

John Cunningham, County Clerk

IN WITNESS WHEREOF, the District has executed this Amendment as of the B··m day of January 2009 at Geneva, Illinois

KANE COUNTY FOREST PRESERVE DISTRICT ATTEST:

EXHIBITS

A "Permanent Easement" County Parcel No. lSTOlOOPE

B "Permanent Easement" County Parcel No. 1ST0107PE

c "Permanent Easement" Commonwealth Edison Parcel

D "Temporary Easement" County Parcel No. 1ST0103TE

E "Temporary Easement" County Parcel No. 1ST0119TE

F "Permanent Easement Agreements"

G "Temporary Easement Agreement"

EXHIBIT "A"

1ST0100PE

That part of the following described property lying easterly ofthe former right of way ofthe Carpentersville, Elgin, and Aurora Railway Co. (now the right of way of the Fox Valley Trolley Museum): That part of the West Half of Section 2, Township 40 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the point of intersection of the center line of the State Highway Route 31 with the southerly line of the right of way of the lllinois Central Railroad Company (formerly the Chicago, Madison and Northern Railroad Company); thence easterly along the southerly line of said railroad right of way to the westerly bank ofthe Fox River; thence southerly along said westerly bank to a line drawn parallel with and 792 feet southerly of (measured at right angles thereto) the north line of the Southwest Quarter of said Section 2; thence west along said parallel line 1160 feet to the center line of State Highway Route 31; thence northerly along said center line to the Point of beginning; (except that part conveyed to the Chicago, Madison and Northern Railroad Company by deed dated Apri13, 1896 and re9orded Aprilll, 1896 in Book 356, Page 166 as Document 235i 1; also except that part conveyed to the Carpentersville, Elgin and Aurora Railway Company by deed dated November 2, 1895 and recorded April11, 1896 in Book 356, Page 167 as Document 23512; also except that part conveyed to the lllinois Central Railroad Company by deed dated August 10, 1898 and recorded August 30, 1898, in Book 383, Page 173, as Document 35887); in the Township of St. Charles, Kane County, lllinois.

Said part containing 0.572 acre, more or less.

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EXIllBIT "B"

1ST0107PE

That part ofthe Southwest Quarter of Section 2, Township 40 North, Range 8 East ofthe Third Principal Meridian, described as follows: Commencing at the northeast comer of said Southwest Quarter; thence on an assumed bearing of South 89 degrees 24 minutes 51 seconds West along the North line of said Southwest Quarter, 714.32 feet to the westei'ly right of way line of the railroad formerly known as the Carpentersville, Elgin, and Aurora Railway Company; thence South 5 degrees 24 minutes 19 seconds East along said line, 192.92 feet; thence North 86 degrees 54 minutes 53 seconds West, 281.77 feet to a point on the southwesterly right of way line of the railroad formerly known as the Chicago, Madison and Northern Railroad Company, said right of way line being part of the lands conveyed in warranty deed recorded on Aprilll, 1896 as Document Number 23 511, said point also being the Point of Beginning; thence southeasterly 269.19 feet along said right of way line on a curve to the right having a radius of 857.92 feet, the chord of said curve bears South 44 degrees 44 minutes 16 seconds East, 268.09 feet; thence North 86 degrees 54 minutes 53 seconds West, 45.43 feet; thence South 3 degrees 05 minutes 07 seconds West, 40.00 feet; thence North 86 degrees 54 minutes 53 seconds West, 240.00 feet to the easterly line of the lands described in Document Number 2007K067124; thence North 11 degrees 27 minutes 19 seconds East along said line, 222.37 feet; thence South 86 degrees 54 minutes 53 seconds East, 54.39 feet to the Point of Beginning; in Kane County, Illinois.

Said part containing 0.951 acre, more or less.

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ST.U:l!lG o;- F;tCPOSED RICH'i' or n:.r !~I CUL.TIO!ATED .tPEAS. BURIED Sill !UCH !,!£.TAL :;co LO JIIO•ES e£1.011 C1lCir.:O iC OJAI!:•. :UTU:tt :ll...'ivtY '.U.P~ PCS!Tita ICWTJFS) Sf CCt.:lR::O PLASllC C£1' B:t:AJW.:i !:LR\'ETOOS J;EC1SlRAtlCJI f.UYBffi.

0 PERI.I~&H sun'tET \!A1t"-Ef!, 1.:.o.T. sro 21J5 roo oc $ET et Ofll!f!SI

fliGHT . .V fiAT Si.I.I{UJC PRCPOS!:O 10 a;: s;:i,

COU:ITY c; COC~:

sr:.ttotiLL!IiOI5:

i\'!IS 1S 10 CLRTIFT HUT ;, !'OW.t.O r1, SCC:.JICtllST, .t.ll ILLtf.oJS fli!OrtS:SI~iAL I.Af.!l su;;vt.YD-'f. lll!'..ll£R 2'1:!;!. -IA'It St."f'IEYD il-E F~l.f or MIC'IG.nS S>'iJAII I!E?.::Ctl ttl ~Cl!C'J :. • ~Orm:> .. !P .;o !1., !iC.:Ct :!~ Ci' Tilt TIII~O ?FirtlCI?Al. U[::IIOIJ.l'- U!l( CCL'fliT. TIIU rw.:; SlJI!'o('l' IS 'IOU:: A.·~ CCI.'?!...~ :.5 SHOMI 10 T<t!: 3ESl or UT tt,C11ltll:;t t.l'.O SEI.I£7, t;ll.f i.-E FlAT CC<ll'IEC;Ll 'lEFI!Stfll'i !:A!O Sli.'l\'['1', 1H~T !LL IIO~lUl'£1115 Fet:.•l!l R4) ESli.Et.l5~1Ul ARE CF P(RV.Uo£111 CU~Jl\' lM O:ct5'T lHE POSITIO!lS :;~Ct111 ;to£:t((;:J .loliO iHO fill: •JO~IU'.J~It!: !.li[ :>u:FIC!tiiT TO ClAIJ~t Tilt SL.'G.I/EY i.:l 6( lit!fMC[D. ::ovE!.GER J5. ::OCG RCIIAt.Il 11. ~~~C~T

;t.L!~Ii P"!CnSZOll!:.. L.tt.O Su=rt::YCil 1~. <:l::! u:o& tU'l.'i . .UICI; O.t1Ctt.ovt.UOCIT JC,Z:l0£1

benesch olbdbnnttl&a:urpCIITf ~-~·Pblnri ::dH:atl~"-Citlol:.co:l ==CDIII a.tnrt:n~·tiUJ',XI:lQ

PLAT OF HIGHWAYS STATE OF ILLINOIS

DEP4RTMENT OF TRANSPORTATION Sri!orns tid. tFox River Errcgesl

SECTION 9S:-00214-02-8R KANE COUHT'f SEt HPCI PP.OJt:r.i JOB ~:o. tHn~oaJ-ot

As. CHG. I STATtON S6-t+so.3a To sTA.Ttou 5G3+13.Je

SC:.U::: 1" : 50' SHEET 1 OF !

BUREAU OF LAND ACOUISTION 201 WEST CENTER COURT

SCHAUMBURG, ILLINOIS 60196

EXIDBIT "C"

Commonwealth Edison Easement Parcel

A strip ofland 15 feet in width in the Southwest Quarter of Section 2, Township 40 North, Range 8 East of the Third Principal Meridian, described as follows: Said strip bound on the North by the existing southerly right of way line of the Chicago, Central, and Pacific Railroad and on the East by the westerly right of way line of the railroad formerly known as the Carpentersville, Elgin, and Aurora Railway Company and on the South by the northeasterly right of way line of the railroad formerly known as the Chicago, Madison, and Northern Railroad Company, in Kane County, Illinois.

Said part containing 0.132 acre, more"or less.

PART OF THE SW l/4 OF SECTION 2, TOWNSHIP 40 N, RANGE 8 E OF THE 3RO P.M .. KANE COUNTY, ILLINOIS

·--------- /EXISTIIItifiORTllERl.YR.O.fi.C.C.J. P . ________ f ___ _j________ ~~~~-,~.···

r (. tr Tnt SOUTH Ul!lt tRACK (.EXISTlliG TRACl ---------- ~PER uou. nEC

-------.._ .LS OOICIII.tlLf PLATTED JJIQ 0£5c:: :~~Mufm.~J.'i&t~PJS~I~~trw:lrn~~ ;uu.ROo\0 CC\If'Ait'tl :!00ll12S74S OUAIUtn ~ _J_ --=r ------F.I_______ __LHICAGO, CENTRAL. & PACIFIC RRIU!;;~" 1 - \ , """"" • "'~'· •• . .ti\_ mnon ,....L:b_" stcn~• .f~v ·----··-··_j\•·=:_··J--.. -.:.-.:-::::::-.:=::-..:_-;:::::,;::-~::-::- --~=--;.=:~:...::_:.:_ ____ t,i --,::.=.:..:=:-.:==:-··:-··--:::: l i ~ COfli£R ~ CDRII!Il

~ .... '/ +ri- ~tl£RlH Llll£ Of" lilt S'lll/4 EllSTIIIG SOUUERI .. 'I' R.O.n. '\ ~--r--------=+=1___ -···- ~Cliett L11E

FOut.tl F£/10 ROD ·~~' ~ -':--- o;: SE~:_o-a--........ r c. c."*' RR. ~ I

1 t; =-- 1 =~-= ::~~~ ::~~~~L~~~HOU Llllt

1'1/'AlUU Ct.P - -.... - .=.}____ " • .. . ~ ~ : -- Pt.ATTEQ LOT Lit!: -1s Pm 'umt. REC / \1 L 1s ii7'3S'2l' E -............ \ .........._ --..e.-t..!l.:!Q~JL~!.!::!:...!!.~1!.:...gl!b:~n...::::-~\ 1--L \ _l_l 1 -e-- Pii'Of'mn IDEED• LIIIE

20IJ31257

+1 (b.-~!_ _£!~---~ -.............. .... .......... ,riiORTHE.lSTEJiL'f R.O.ft.LIII( or ~n II l T-- ---- _...!£1- .U:PAR£UT PROP£Rh'LII£

~~"'' / \_i~~"f:LJot''~o.or r.r.n.·/ '9'---.. ........ , '-.. .~/· l~~r~ut'!o~l~u~' ~lO~~':eJ"<~O'.:s"t /~~, • \ \ \ $+' === ~~o~~~a'~!f:nl~::?t I I "5GIJT!. .. OOTKOT60.f9 r.LP. ~ ............................... < rl=597..'NIS112 • .CGI ~ 15 I ~· -- EXISTillGRICHTOFffAYLUIE

~ .. ~~-\Wi~ ..._ "-e. ~~~;s-=z;~~~-~w,·~ ut -t5':!G·w· ill I \' \ :~ ==== :gg~ ~~rJh w•v Ltle L:llUO' 11!4-70 I f.JJ>~r '.._ "-. CII.Q,:5&T.I9' \ \

0 : t:0.32' ~ U£ASUil!D OlU£1tSIC»J 1

R-B5i.•n· ce:.Mz'' - .......,__ "' PROPOSED , ~t;;: 1:9~1tcll'p.t CO!Jl'UTED o!ll£ustcu I OUl.:S 62'07'31 .. Jf IS 6;!'04'33 .. tn ;' \~ ..... ' ...... PERIJANEUT EASEMEtiT~ l~ \ \ :i~ I I } fi£Cti>O DAU.

I o .... ,.,..... " ...... , , I . I ~- .

.......... ·~.. '-. ..! ~f<' ' ~ txiSllllG BUILOIIII:i ''e ', ?~ ...;;-, :q ~ 1 wtsT£RL1' auuc w"' J " · "

UIISUBOIVIDEO "._ .,.....,0-1- ~ i!\ I \ \ \ (OF fOX RIVER "'J eaarlnos aro raferOttCo4 to tno lfl"lliO!C: Store f'lono f ._ LAUO / -r;~~£-'.c-. ' "' : ~~ i \ I Ceardincttt SysTtun. Eo:st Zone. tu.D t'.lal.

I .,.,,, I "'-..; ""'"""''""''~'"' . ,, .. ~ \ . .;/?,,<1> '· ... ~ -1>~ ~ i'\ \ •

I ~1 ~ I '•,:S;j ::-~~:~(' \.. ~ 1\ \:s I \ ! 0 Jllctl fliP£ OR ROO f0l.1(l s "WC" flAIL stl .J:I~.;.r ,~-;:,-1!.'~,-' - ' .... . ... ~+-· ,... , -....;.~ · iY./' \. ~- \ \ 1 + cur cnoss FCtlfl!l oR :::;o • 518 .. nEBAR sET

I 'il ~I!~ V''~~ ... .a-?J'). l ._ :;g.,;L ~~~'~.fa' \ "'!. : • n THE!£ ~n.u:s ~ERtuct rouno o.1 SET loi.OtltlU[!ITATiou. SET sta u101 "':?; ~: ·--;.~~ .\a ! T2 IROU hOI) FLUSH tltTII CRCUO TO Tit f'OL1/D !nOll STAlE. lOEJITJfrEC BT

/ ,!:::!::: ~ "'6 '1"-i<i:\ \ ~ I'IESTERLY n.o.w. Llli! ! u tCLOil£D FLASnc CAP &Aiill~ suR2ETORS REctsmATJtfl tiU!.EER.

/ ;;~ \., ~ ~ \ \ OF Til£ RAILR01Jl_FOFiU£fiLY • • Btl &t~ STA!t£S Ill CU~TIVAT£0 AAW, REFEROitE FClJO CJ1 SET UOt!U· I :>[;; 1 EASTERL.r Lllrt or THE '\\ \ \ \ \t: 1

\ \ t:IIOIIII AS Til£ c.r..u RR I et: t.I£11UTIO<t. stS!EO s1s 111cu IRO'I ROD 20 uoe; eELow Gllouuo ro mt ., 1 .::_ J LIJIOS &£SCRII!tD Ill \ \ I ~ ~~ : BTl FC!n«< tROll ST.l.lt£. lDtfillFIEO BY COLORED PLASTIC CP B£t..11!1:; SUR·

- (\j VI ... DOC. tii.JI,I. Z007J.Oii112.. \ \. ~ I I VEYORS REGlSTRATIOil lr..IIJ!I£11.

1:!:""'§ ~~e-t ~"" / ·, \ \ ~ ' : ~~g~~ · • STJJ>lnG or PROPOSED ntGJIT or 'lr.t.v. stT O!VISIOII or tl!Cttii'A'rS sunvtr ~ / 1

""-1

I I \ \ 11 ~x \ols.~i1 Z7""3'4a" 1, ,. UA~£n TO LICHUUE!Ir rut: Posmcu suown. JO£UTJFJ£D nr liiSCfi!Pncu 0 o' I ' ! \ I 0Ul.;6-lll • .f9• OAT,\ .l,f() S!StVE'ttiRS REGISTR.t.TI~t I lUMBER.

:: ' \ \ _._ .. \•~ ~~ 1: • U STAXIUG Of PROPOSED l'tii>HT Of 11'A'r lit CULTIVATED .ti!EAS. BUfllED !:Ill

LEGEND

0 "' ~

,:; '"' SCAI.E:r>-Sil'

~§ / -/ \_ \."' .. \ .. ~\ I --: \ \ . ~~i:tt~\~~~g~~z~~:~:moe~o~C:~roillP~~~~:.eR~fre~l;:nr i {5 ~ - FJJ>. L~G3l.T3' 162

9.JO'I- \ '· • "-' • l ~ i SuRVEYORS REGlSTRATIOit tl!!.lBER.

Cl / R=II5M2' U!ST.sz·• \ \ ~ \< \VIE.lSTERt.T R.o.v. Llllt ! 0 FERtmiEIIT SURVE.T IUfir:.ER, I.D.o.T. STD ::135 tTO a£ SET BY omms1

EXISTTUC t-- ~ / ~·~~~~i~~·syM w 111 JG"l

9'55

" wt \ \ \ ~~ \r TttE RAILROAD FORMERLY : a fiiCHT or 'lAY STl.KING PRoPosro TO BE SET. llllliOIS ROUtE Jl) / t£G.U.. OESCRIPTIO!.b PROPOSEtl PEI'!LitNEflT £,\SEUEUT •' \ \ \ er~. IWOW!I AS Tilt c.t.!A RR !

/ A strip of =ond JS feat In wldtn In tho Scruthwo't Cucrter of See11on Z, Town~nlp \. ~.,~4g I ' CGUUTY OF COOl; -10 U:.r1n, flor>Qo & Eo:U of tno Tnlrd Prlnd;~d Uctrldlon, 40~cr!Co4 o~ i"C'IOw$1 'jl::.: EXIST. RIVER ~o!a strro couna en tno flcrtn by ttla o•l!l"flriO .soutn~:~rly t'lgnt of •CI)' lno of "fi'IO \\ ":::!!; "'\• I ,.,;-EDGE J STAlE Of ILLUIDI!il O"llcaQo, Centt'cl. lJI"l:l Pocfflc Ralrood ana on tne [OST bY "the wutony rlgnt of • 1::;1 c: g •

,· ":JY llt1G of "tt10 I"'Ciir"oao fOMilarly known 0!1 tt>o Cl::I'Qot1t8r!lvlue. Elq!n, Clrn:l m~ "":. IHIS IS TO C£Rl!FT TUA.T J, ROiliLO Tt. SODEROUIST, ill ILUUOIS PRo;ESSJOIIAL UIO .l.t#'Or'Q RCIJ•CY Cor=oooy ona crt tn~:~ 5outn tl)' tno n:~rtntH:I.s1arly riQM1 Of way 11nc SOUntTIESTf.J!U tt.O.n. LINt Of ::3c:1E. ! SU!i\'El'CR, fiUUSOI ::m, !lAVE Sl.fiV(T£0 111;: f'l..Al Of HIGMATS SHOWN liERiOII TU

'\ of thO t'Onroa41crmet'IY known<:~ 1tto tnleoqo, Uo:USCI\. OM llcrtnllt't1 Rahroo4 TilE RAue!D'D FOR1!(RLT «tJ~I \ \==~\';1 \ • ~lOll~, l01111SHIP 40 fl., RAMiE !E.. Of THE TIIIR!J PRIIClFAt. U!RIOIA.II, Jt;Aflt

/ to~T:t~cny, 1n «ono eo~t:t. J.nnol~>. AS Tl£ u. & t1 ~<R. 1 ~ ':i';:; \ \ 1 ~~~~;~'~ot'iJ:.'\i,f; :,~oc ~~ ~r~, ~i;T:rr1o 5~1~ ~WvEf. ~Ju

I Sola strip canTofnlni:J O.IJZ acre. mora Qt' IO!I:t. \ \\ .,..J i ::1 J All UCIIUWI1S FOt.n10 .1.10 ESTAet.ISH£D ARE Of Ptnu.ttiUJT OUAUTY Alltl O:::tLPT Ell:lSTIIlG t. ~ ch:;\~ I THE POSJT1011S !;11011'11 ll£flECfl Alltl nu.T Tfl£ IJOHUUEIITS ARE SUFftCIEKT TO

' J.IW(lOI/EO TfU.O<. 110::-.;i\c: \ EtlJ.ElE TilE Sl.RVET tO at RETRACED.. ~ '.:-:.....- / V29-t..'32' C!S.C."ilfl - • - .. ,s I ! DEC£1J!tR IS. 2009 ROti.I.UI 11'. SC:OERCIUIST .;;-. R~I.G85.42' UG8S..C2'1 ~ '1\~51... I

/\ CH.B.=S 20'37-::!T" v 1S :!o•.cJ·to .. rn ~:; .,..JI§\~ \ '

~ ,• UORflt LUI! Of TilE SW 1/-4 or SEC. Z-.4:0·8 AS -:":.0 0~ ~u ' I .; l<'r,c OCCUPIED,!,!£) IJOIIJUEJUED ~b u..!!,:t_g I FGUfl) 314" I

.........,,,, .. PROFESS:OUAL L£11[1 SURVEYOR t.O.Z122 litO& txf'IRATIO!i OATE:IIO\'EUatn ]0.:.'010

I i} Cl1Jl.,29<.S<' "E ~~~;:::.!>\ \ i =-.! ~.., {LI'.IEIT92.0150UlttOFAtiOP.ARALLELif!TifTU:: .~w 11,.5\6~~ ,

/ B_,;-"",i ~¥; II -~- ~0~1Pu1uJ. REC • ·:0.,........ :... I :!OOOJ:012118.

-/ ·"' _;:_ ·;1- II B!I"SS'IIIM E ID.fS.!III' tN 09"'51'08" E"I04T.1l'l . -....:.., \... 11

\ :: 2 . -t.~ .....,. 1111 ~ . \ .

-benesch alfred benneh & company ~·~·PIIrnno ::O:Sfbfllldli;I:II"-.CI;IIIt:.&m a.I:II'Ath:atlllln-·. ,,..,...., ~A=t.t..•~

i~

fCRESTPitES£1hE OlSTRlt:TOf"•.Uit cuurnr,JU.IhOIS

UNSUBOlVJQEO LAUO

POII.II.Ii£1fl IUCElliiiJI.IlltA

0!•02•326--col!

I

PROPEIUT LOUIIWJI'Ir

PLAT OF EASEMENT KANE COUNTY

DEPARTMENT OF TRANSPORTATION Stearns Rd. !Fox River Brtdgesl

KANE COUNTY

SCALE• I'" ' 50' SHEET l OF 1

EXHIBIT "D"

1ST0103TE

That part of the Southwest Quarter of Section 2, Township 40 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the northeast comer of said Southwest Quarter; thence on an assumed bearing of South 89 degrees 24 minutes 51 seconds West along the North line of said Southwest Quarter, 714.32 feet to the westerly right of way line of the railroad formerly known as the Carpentersville, Elgin, and Aurora Railway Company; thence South 5 degrees 24 minutes 19 seconds East along said line, 69.09 feet to a point on the existing southerly right of way line of the Chicago, Central, and Pacific Railroad, said point also being the Point of Beginning; thence continuing South 5 degrees 24 minutes 19 seconds East along said westerly right of way line, 45.41 feet to a point on a line 45.00 feet southerly of, as measured perpendicular to, said southerly right of way line; thence North 87 degrees 40 minutes 25 seconds West along said line, 295.25 feet to the northeasterly right of way line of the Chicago, Madison and Northern Railroad Company, said right of way line being part of the lands conveyed in warranty deed recorded on April 11, 1896 as Document Number 23511; thence northwesterly 99.37 feet along said right of way line on a curve to the left having a radius of907.92 feet, the chord of said curve bears North 60 degrees 43 minutes 53 seconds West, 99.32 feet to said southerly right of way line; thence South 87 degrees 40 minutes 25 seconds East along said southerly right of way line, 377.68 feet to the Point of Beginning; in Kane County, Illinois.

Said part containing 0.346 acre, more or less.

PART OF THE SW l/4 OF SECTION 2, TOWNSHIP 40 N, RANGE 6 E OF THE :JRD P.M., KANE COUNTY, ILLINOIS

P,O.t. ISfD!Olf'E P.O.C. JSTOI03P£

& P P.O.C. !SfOIOlTt L OtslltiG MIRTHERl.T R.O.w. C, C. rOL'fiD r010 ROD

TI/Al.UU. CAP ·----------------- _ ASP£11UO!Lntt

(OF TI!ESOUTH WAUl TRAQI: ~ iJ(.£liSTIIIG'ifilc;--------------- ;t:O:!Kt25io!S ® £ AS ORIGUUl.U Pt.ATT£D !tJQ DESCRIBED fFORIJOlLY OI[CAGO. UA.DISON Alll NORTtfEJ!n ftAitflOAD C0\1?.\IIYI I • 6li9\ !AlSO Fllfi\IERl..T ILI,IIIOIS COHii'Al. R.t!Ui(i,ti) COW'.&Htl I S 8.!1"2.( 51~ • n.f.Jl' i!. .. ~ ------- ----,.-----f~!___ _____ £ __ -~A_GO. C~~l.!~~C[FJC -~~lLR~~-~ --\=.::=-.::=·:-··:-·--:Y

2 i

• ----·--·---J\,.- if.-~-.. .....::::--::::::::-.=.::..-==~= s:u. '"""' ~· '~"-'':·=::.-::-_::_ ______ ~- i~':;;,'~;'e.lll -Fi--- I \ =:=

- 'I :-- ~IIDRTIIt.lhE or THE suit< 'zo? • ..fJZU R•907,92• iUISTIIIG sounen.Y R.D·"·§\ ~ P.O.S \It .- l ---r.ur.cutnE:\ ,_.!---~~-........ / Clt5.•U60'.fJ'Sl .. tl C.C.APRR. :~tSlOJOnE _j :ti : -e--

fOIJW ftlro ROO -- ;; ' -..........' - --o.~::::_·_ ----- \ ---L.j___ _l I .....!3..-"-'AlUU.c.u> I\)[,._ t587"'Js·zrt -............_ ~"<' ~·si17•-~:o;;s·Em.681'i8T~s~rt::m.oe·t ·-...-t ... ~· \ \ ---;---"P£11 UmL R£C l2.lO" "'-.. ' STL565+'!1l.SO • • •ESTtRl.Y am 9 •

LEGEND

SECTIOII coru<R ~

OU.I.Rl£R I I&S£CTIOU

CORtltR

SEC:TIO!f LIUE QUARTER SECTIOif lll~ QUARTER. QUARTER SECTICfl LIIIE PlATlED LOf LJf;£

20Q3J:1:!5T-!4 ' \~- -·----7r---- ...... ~~~63.65' L1 ltSTOl03TEI ~A. ::~.li7+Tl.ll2 ~~~·\ I ()f FOX RIVER $+ 'i I I \_ p /' ............. "'-: -- flli7•J075'il 15-f.J{' ~--~;a~~\ ~· N r lliO'l ~~J'W?-Jo~'~.or ,r::·-· ............ '-.... -~~~X "''"'. ~ ~!!! '1\ I ... ~ ::; I I J5807 l :007<l!T6049 ""'·"""' j /"--. ' I< IST0!07FE •o.oo· LT "-, ifr,>.. -\~ I ~::: : ~

t. ut s1llt.r::.___......-' ru>-.~ ......._ ' I:OiHHUSTERI.Y R.O.w. LitlE or....::"='".t·.,.., :o I '!' Lal"" 70' 113<1.70'1 "-.... THE RMLRO.I.D FOlWERLT J:lfOI!U -....;....._ ~ I :;.,. ~

I R•aSi.-!!Z'tBS7.'3Z1 " "~' -........, , _ AS lilt c, u. a. u M. • '.· .. ~ : o CH.tl.•S6i!'tll'JI"llfS6Z'tlof'3B 1'11 I ....... ' 2111.71 ·..:::: ~lt: I ~ I OLO.~IJ4.56' ' .. , ~ s 85'54 Sl' £ l!IS.iiei' - ~I 't'

\~-\~-..:...._~--.... o . s~~ ~ ' '-: I ItS ...... , .. £ ' ~"l'~-,p)- ..... ,, L·m~t· r I \::.; I UUSUBOIVI0£0 J0.51' 5-U'3' ' :4;0&J;c7~'t;R•90T.S2' 7" 1:-1 i iS~om: :

I '"' 1.'- LAilD 5TA. s'~OJS ;.. ~:;;Ni: ~ ~7:~~1& ip; g~:~:.rwi " I ~~~ I L ,pd;'' •~oo' ~ CllJ!,;,.,.,~'\."> <.:'?.<e-~'a '" !:1!1 575''~"~1 J;-- I --'---, ... •;,,:_ _ _,__ ___ ~ JSGS.O Iii Ol.ll.>26M' ~~"·<;•'~>?<~ [iSTOI03P!J ~I ~~ L 'I I -"'~' , .. ~ .. ;;,., -----=- -::;----'------~--~.~~'-----..::......_:__ ---1, _____ I

-~· "'. . '·/'~ •. ,..,""' ""· '""""~" \ " .I PiiOPOSEO { 1 l:f5 E @TOI07'!) '\~:;t;~.'<'.-(~l.?c:; )co 9J.OO' RT .I \

I ::: ~ Ill~;·... ~~~%~ \ STA. Sii'hi.'!.ID /

.t.~ STA. 567f5M9 \. \\. t:' \ \ so.oo· R.J I I liE Eo\STERLYLIIIEOFlH! ~ \ \ \ \ I : !.l\1 L~IOS 0£5t:RIDto lfl s !~'07" w \..::::: .. '\ \ I I

,!;]! ;;:,; / ooc."J""'o" .. "'' ~~ \ \ ~ ~I ' I : "'i!\--e.....1. 1 ·· ~~ I_] \ \0 '~ ... ~ . .,.. I /:!" f'- . !'·....._ \. :\ .16.50,, \ :

iS'o \ - . \<t' " •m£11Lr ...... '~' "'"' I ./ "'- "'"'3.21 i>\ I OF'"' RAILROA!J FORUElO.Y I

IZD.l2' IZ9.l2'1Ccet;).J

I I

~

PROPERTY tMEtil Llllt

.I.PP~f PROPtRlT UUE txiSTUSct.'fTERLIN:: Pilt!POSEO COllER LIJit Et.ISTIII:> RIGUT OF ft'AY LitlE p;!JJ?OS£0 RIGUT OF •A'I' Lll£ PnO?OS£0 OSELitfll U£ASURED DIU£1151011 CIJIIPUTED DlllttiSIOU REC01!0 DATA

EXI!OTUIG BUlLDfiiG

L....:·J 25' Ull'

SCALE::1 ... 5a'

Boar'lf~Q=l ere roforoncoCI TO 1M llllt\of:~ S1oto Plano Ccor(flnQto Sy:~rcm. to:lt ZOfle. t!AQ lmll.

0 tROll PIP£ OR ROO FOI..t«l

+ CUT CROSS fOUfiO OR S£1

.. ·wt;~ lUll SET

5tO"ft!SARstT

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benesch

ROIUlQ W.SotF.:FO\JISt

Gltr.dbiiMld!S.c:ompnny ~·~·~ :tiSPbtlllt;tl;ma-.,.~:co =::earn DIIIIC::lfnll.bNI.111«1XZm

PLAT OF HIGHWAYS STATE OF ILLINOIS

DEPARTMENT OF TRANSPORTATION Stearns Rd. tFox River Brtdgasl

SECTION 98-00214·02-BR KANE COUNTY PROJECT JOB NO. R·91-0B3·01

STATION 564+90.38 TO STATION 569+13.18 SCALE: 1" : 50' SHEET I OF I

BUREAU OF LAND ACOUISTION 201 WEST CENTER COURT

SCHAUMBURG, ILLINOIS 60196

EXHIBIT "E"

lSTOllOTE

That part of the lands described in Parcel 2 in Deed 1745685 filed in Kane County, Illinois on November 5, 1985more particularly described as follows: Beginning at the intersection of the North line of the Som Farm with the centerline of Right-of-Way, as now located, of the former railroad know as the Carpentersville, Elgin and Aurora Railway Company, said intersection being at a point on a line recorded as 792 feet (12 chains) south of and parallel with the North line of the Southwest Quarter of Section 2, and a measured distance of 1991.89 feet east of, as measured normal to, the West line of said Southwest Quarter of said Section 2, Township 40 North, Range 8 East of the Third Principal Meridian; thence easterly along the north line of said Som Farm on an assumed bearing ofNorth 89 degrees 55 minutes 18 seconds East a distance of25.11 feetto a point 25 feet easterly of, as measured normal to, said centerline; thence South 5 degrees 24 minutes 19 seconds East along a line parallel with and 25 easterly of said centerline a distance of 52.56 feet; thence South 84 degrees 35 minutes 41 seconds West 50 feet; thenceNorth5 degrees 24minutes 19 seconds West a distance of 57.22 feet along a line parallel with and 25 feet westerly of, as measured normal to said centerline, to the north line of said Som Farm; thence North 89 degrees 55 minutes 18 seconds East along said north line 25.11 feet to the Point of Beginning.

Said part containing 0.063 acre, more or less.

THAT PART OF THE SW '/~ OF SECTION 2. TOWNSHIP 40 N. RANGE 8 E OF THE 3RD P.M., KANE COUI-!T'i, ILLINOIS

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REVISION Q,\. TE jDESCAlPTIOU

benesch ottr.dbe•dl6ccq'Jany ~·~·~ =~~ ........ =-=-ac:a """"-""" ''""'""" tllllig:lf'I=U..I1MJ:D:C:IZ

EASEMENT PLAT KANE COUNTY

DEPARTMENT OF TRANSPORTATlON 57?.ar"ns Rd. CFox River Brfdo;esl

I I I SECTJON 93-00214-02-BR M•UE COUUIY l I I PROJECT J03 10:0. :1-!H-0:!3-01

-11

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-~···p:riEVItruS --1 ARO -i····I.HEA Of I PURPOSE Of I' PEJ'IUANEHT I PROPERTY I j

~ I .PARCEL flUUBER Ql'lt;ER

-] TOTAL I .. HOLDINGS

.. ACRES AREA TAlt£11

ACRES DEDICI.TIOH f!EUAINUIG I EASEMENT. EASBJEtlT INDEX fDJI,{S(R ACOUlRED BY • ACRES · ACRES ACRES .. .

SCALE: t .. : 50' SH~i : OF i. ~I I lsn.no~-: scs+72.G3 10 sT:..ttoH s;o .... z:.93

, ~~ "

jtSTOIIOTE: 1\t.I:E ccun;-y FortES1

Pfi:;S::R'Ot:. OlSTRICT l "" ii.OtiO j o.coo I U/A I o.tm3 I iW?ORARY I J9·D~·J76-oot I I I I

EXHIBIT "F" (1 Agreement of2)

PERMANENT HIGHWAY EASEMENT

This Grant of Non-Exclusive Permanent Highway Easement is made this_ day of January 2009, between the KANE COUNTY FOREST PRESERVE DISTRICT, an Illinois downstate forest preserve district, located at 719 South Batavia A venue, Geneva, Illinois (hereinafter the "GRANTOR") and the County of Kane, 719 South Batavia A venue, Geneva, Illinois acting by and through its Division of Transportation (hereinafter the "GRANTEE").

WHEREAS, GRANTEE has requested from GRANTOR a permanent easement for the purpose of designing, laying out, constructing and maintaining various public highway improvements including a bridge and any and everything appurtenant thereto (hereinafterreferred to as the "improvement"); and,

WHEREAS the GRANTOR has agreed to grant unto the GRANTEE a permanent easement for the purpose of the improvement; and,

NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, receipt and sufficiency of which are hereby acknowledged by the GRANTOR and the GRANTEE, it is mutually agreed as follows:

1. The GRANTOR does hereby grant and convey to GRANTEE, its successors and assigns, a permanent easement for the purpose of the improvement; over, under, across within and through real estate as shown and legally described on Exhibit 1 attached hereto and made a part hereof;

2. The GRANTOR, for itself and its successors and assigns, covenants and agrees that it shall not interfere with the lawful use of the real estate described in Paragraph No. 1 by the GRANTEE, its successors and assigns, pursuant to the terms of this permanent easement.

3. The GRANTEE, for itself and its successors and assigns, covenants and agrees that the improvement shall include the following obligations of the GRANTEE:

a) During construction of the improvement, the Grantee shall fence and/or cover any excavation opening with protective cover at all times when construction personnel are not present at the site.

b) During construction of the improvement, the GRANTEE and its contractor(s) will be responsible for safety measures to protect the public and the GRANTOR.

c) GRANTEE shall construct the improvement in accordance with approved plans therefor.

d) GRANTEE represents to the GRANTOR that prior to construction, all permits, licenses, authorizations and approvals required by all federal, state and local governmental agencies having jurisdiction over the work will be obtained.

e) GRANTEE shall restore sod, plant material, trees, bicycle trail or other improvements damaged in constructing, maintaining, repairing or operating the improvement.

f) GRANTEE shall restore the GRANTOR's property in a~cordance with the approved construction plan.

g) GRANTEE will be fully responsible for the actions of its employees and agents while on the real estate described in Exhibit 1.

4. GRANTEE hereby agrees to indemnify and save harmless the GRANTOR from and against any loss, damage or expense which the GRANTOR may suffer, incur or sustain or for which the GRANTOR may become legally liable arising or growing out of GRANTEE's activities and/or negligence and that of its contractors, agents and employees in designing, construction or maintainiJ?.g the improvement.

5. GRANTOR makes no covenant, representation or warranty as to the suitability of the property for any purpose whatsoever or as to the physical condition of the property. GRANTEE acknowledges that portions of the property could have been, used for operations and for storage of products and by-products from those operations, some of which may be toxic or hazardous substances. As a result of such uses and activities, physical and other changes may have occurred in the property, including without limitation the disposition of solid and hazardous wastes and hazardous substances. GRANTEE acknowledges having inspected the property, having observed its physical characteristics and existing conditions, and having had the opportunity to conduct such investigation and study on and of said property as it deems necessary, and hereby waives any and all objections to or complaints about physical characteristics and existing conditions, including without limitation subsurface conditions and solid and hazardous wastes and hazardous substances on,

under or related to the property. GRANTEE further acknowledges and agrees that the easements over the property are granted to and accepted by GRANTEE in its present condition "as is'', and GRANTEE hereby assumes the risk that adverse physical characteristics and existing conditions may not have been revealed by its investigation.

6. The covenants and agreements herein contained shall run with the land and shall inure to the benefit of and be binding upon the parties hereto, their heirs, successors and assigns.

GRANTOR:

KANECOUNTYFOREST PRESERVE DISTRICT By:

Attest:

GRANTEE:

COUNTY OF KANE

By:

Karen McConnaughay, Chairman Kane County Board

Attest:.

John Cunningham, County Clerk

EXIDBIT "1"

That part of the following described property lying easterly of the former right of way of the Carpentersville, Elgin, and Aurora Railway Co. (now the right of way of the Fox Valley Trolley Museum): That part of the West Half of Section 2, Township 40 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the point of intersection of the center line of the State Highway Route 31 with the southerly line of the right of way of the Illinois Central Railroad Company (formerly the Chicago, Madison and Northern Railroad Company); thence easterly along the southerly line of said railroad right of way to the westerly bank of the Fox River; thence southerly along said westerly bank to a line drawn parallel with and 792 feet southerly of (measured at right angles thereto) the north line of the Southwest Quarter of said Section 2; thence west along said parallel line 1160 feet to the center line of State Highway Route 31; thence northerly along said center line to the Point of beginning; (except that part conveyed to the Chicago, Madison and Northern Railroad Company by deed dated April3, 1896 and recorded April11, 1896 in Book 356, Page 166 as Document 23511; also except that part conveyed to the Carpentersville, Elgin and Aurora Railway Company by deed dated November 2, 1895 and recorded April11, 1896 in Book 356, Page 167 as Document 23512; also except that part conveyed to the Illinois Central Railroad Company by deed dated August 10, 1898 and recorded August 30, 1898, in Book 383, Page 173, as Document 35887); in the Township of St. Charles, Kane County, Illinois.

Said part containing 0.572 acre, more or less,

and,

That part of the Southwest Quarter of Section 2, Township 40 North, Range 8 East of the Third Principal Meridian, described as follows: . Commencing at the northeast corner of s.aid Southwest Quarter; thence on an assumed bearing of South 89 degrees 24 minutes 51 seconds West along the North line of said Southwest Quarter, 714.32 feet to the westerly right of way line ofthe railroad formerly known as the Carpentersville, Elgin, and Aurora Railway Company; thence South 5 degrees 24 minutes 19.seconds East along said line, 192.92 feet; thence North 86 degrees 54 minutes 53 seconds West, 281.77 feet to a point on the southwesterly right of way line of the railroad formerly known as the Chicago, Madison and Northern Railroad Company, said right of way line being part of the lands conveyed in warranty deed recorded on April11, 1896 as Document Number 23 511, said point also being the Point ofBeginning; thence southeasterly 269.19 feet along said right of way line on a curve to the right having a radius of857.92 feet, the chord of said curve bears South 44 degrees 44 minutes 16 seconds East, 268.09 feet; thence North 86 degrees 54 minutes 53 seconds West, 45.43 feet; thence South 3 degrees 05 minutes 07 seconds West, 40.00 feet; thence North 86 degrees 54 minutes 53 seconds West, 240.00 feet to the easterly line of the lands described in Document Number 2007K067124;thence North 11 degrees 27 minutes 19 seconds East along said line, 222.37 feet; thence South 86 degrees 54 minutes 53 seconds East, 54.39 feet to the Point of Beginning; in Kane County, Illinois.

Said part containing 0.951 acre, more or less.

(Agreement 2 Of2)

PERMANENT UNDERGROUND

UTILITY EASEMENT

This .Grant of Non-Exclusive Permanent Highway Easement is made this _ day of January 2009, between the KANE COUNTY FOREST PRESERVE DISTRICT, an Illinois downstate forest . preserve district, located at 719 South Batavia A venue, Geneva, Illinois (hereinafter the "GRANTOR") and the Commonwealth Edison Company (hereinafter the "GRANTEE").

WHEREAS, GRANTEE has requested from GRANTOR a permanent easement for the purpose of d~signing, laying out, constructing and maintaining underground electric lines and everything appurtenant thereto (hereinafter referred to as the "improvement"): and, ·

WHEREAS the GRANTOR has agreed to grant unto the GRANTEE a permanent easement for the purpose of the improvement; and,

NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, receipt and sufficiency of which are hereby acknowledged by the GRANTOR and the GRANTEE, it is mutually agreed as follows: ·

1. The GRANTOR does hereby grant and convey to GRANTEE, its successors and assigns, a permanent easement for the purpose of the improvement; over, under, across within and through real estate as shown and legally described on Exhibit 1 attached hereto and made a part hereof;

2. The GRANTOR, for itself and its successors and assigns, covenants and agrees that it shall not interfere with the lawful use of the real estate described in Paragraph No.-1 by the GRANTEE, its successors and assigns, pursuant to the terms of this permanent easement.

3. The GRANTEE, for itself and its successors and assigns, covenants and agrees that the improvement shall include the following obligations of the GRANTEE:

a) During construction of the improvement, the Grantee shall fence and/or cover any excavation opening with protective cover at all times when construction personnel are not present at the site.

b) During construction . ·of the improvement, the GRANTEE and its contractor(s) will be responsible for safety measures to protect the public and the GRANTOR.

h) GRANTEE shall construct the improvement in accordance with approved plans therefor.

i) GRANTEE represents to the GRANTOR that prior to construction, all permits, licenses, authorizations and approvals required by all federal, state and local governmental agencies having jurisdiction over the work will be obtained.

j) GRANTEE shall restore sod, plant material, trees, bicycle trail or other improvements damaged in constructing, maintaining~ repairing or operating the improvement.

k) GRANTEE shall restore the GRANTOR's property in accordance with the approved construction plan. ·

1) GRANTEE will be fully responsible for the actions of its employees and agents while on the real estate described in Exhibit 1 ..

4. GRANTEE hereby agrees to indemnify ruid save harmless the GRANTOR from and against any loss, damage or expense which the GRANTOR may suffer, incur or susta.ln or for which the GRANTOR may become legally liable arising or growing out of GRANTEE's activities and/or negligence and that of its contractors, agents and employees in designing, construction or maintaining the improvement.

5. GRANTOR makes no covenant, representation or warranty as to the suitability ofthe property for any purpose whatsoever or as to the physical condition of the property. GRANTEE acknowledges that portions of the property could have been, used for operations and for storage of products and by-products from those operations, some of which may be toxic or hazardous substances. As a result of such uses and activities, physical and other changes may have occurred in the property, including without limitation the disposition of solid and hazardous wastes and hazardous substances. GRANTEE acknowledges having inspected the property, having observed its physical characteristics and existing conditions, and having had the opportunity to conduct such investigation and study on and of said property as it deems necessary, and hereby waives any and all objections to or complaints about physical characteristics and existing conditions, including without limitation subsurface conditions and solid and hazardous wastes and hazardous substances on, under or related to the property. GRANTEE further acknowledges and agrees that the easements over the property are granted to and accepted by GRANTEE in its present condition "as is", and GRANTEE hereby assumes the risk that adverse physical characteristics and existing conditions may not have been revealed by its investigation.

6. The covenants and agreements herein contained shall run with the land and shall inure to the benefit of and be binding upon the parties hereto, their heirs, successors and assigns.

GRANTOR:

KANE COUNTY FOREST PRESERVE DISTRICT By:

Attest:

GRANTEE:

COMMONWEALTH EDISON

By:

Name: Title:

Attest:

Secretary

EXHIBIT "1"

A strip ofland 15 feet in width in the Southwest Quarter of Section 2, Township 40 North, Range 8 East of the Third Principal Meridian, described as follows: Said strip bound on the North by the existing southerly right of way line of the Chicago, Central, and Pacific Railroad and on the East by the westerly right of way line of the railroad formerly known as the Carpentersville, Elgin, and Aurora Railway Company and on the ·south by the northeasterly right of way line of the railroad formerly known as the Chicago, Madison, and Northern Railroad Company, in Kane County, Illinois.

· Said part containing 0.132 acre, more or less.

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EXIDBIT "G"

TEMPORARY CONSTRUCTION

EASEMENT

This Grant of Non-Exclusive Temporary Construction Easement is made this __ day of December 2008, between the KANE COUNTY FOREST PRESERVE DISTRICT, an Illinois downstate forest preserve district, located at 719 South Batavia A venue, Geneva, Illinois (hereinafter the "GRANTOR") and the County of Kane, 719 South Batavia A veri.ue, Geneva, Illinois acting by and through its Division. of Transportation (hereinafter the "GRANTEE"):

WHEREAS, GRANTEE has requested from GRANTOR a temporary construction easement for the purpose of designing, laying out, and constructing and maintaining public multi­use trail improvements including any and everything appurtenant thereto (hereinafter referred to as the "improvement"); and,

WHEREAS -the GRANTOR has agreed to grant unto the GRANTEE a temporary construction easement for the purpose of the improvement; and,

NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, receipt and sufficiency of which are hereby acknowledged by the GRANTOR and the GRANTEE, it is mutually agreed as follows:

1. The GRANTOR does hereby grant and convey to GRANTEE, its successors and assigns, a temporary construction easement for the purpose of improvement; wit~n real estate as shown and legally described on Exhibit 1 attached hereto and made a part hereof;

2. The GRANTOR, for itself and its successors and assigns, covenants and agrees that it shall not interfere with the lawful use of the real estate described in Paragraph No. 1 by the GRANTEE, its successors and assigns, pursuant to the terms of this temporary construction easement.

3. The GRANTEE, for itself and its successors and assigns, covenants and agrees that the improvement shall include the following obligations of the GRANTEE:

I

a) During construction, the Grantee shall fence and/or cover any excavation opening with protective cover at all times when construction personnel are not present at the site. ·

b) GRANTEE and its contractor(s) will be responsible for safety measures to protect the public and the GRANTOR.

c) GRANTEE shall construct the improvement in accordance with approved plans therefor.

d) GRANTEE represents to the GRANTOR that prior to construction, all pemiits, licenses, authorizations and approvals required by all federal, state and local governmental agencies having jurisdiction over the work will be obtained. ·

e) GRANTEE shall restore sod, plant material, trees, bicycle trail or other improv·ements damaged in constructing the improvement.

f) GRANTEE shall restore the GR_AN:TOR's property in accordance with the appr.oved construction plan.

g) GRANTEE will be fully responsible for the actions of its employees and agents while on the real estate described in Exhibit 1.

4. GRANTEE hereby agrees to indemnify and save harmless the GRANTOR from and against any loss, damage or expense which the GRANTOR may suffer, incur or sustain or for which the GRANTOR may become legally liable arising or growing out of GRANTEE's activities and/or negligence and that of its contractors, agents and employees in designing, construction or maintaining the improvement.

5. GRANTOR makes no covenant, representation or warranty as to the suitability of the property for any purpose whatsoever or as to the physical condition of the property. GRANTEE acknowledges that portions of the property could have been, used for operations and for storage of products and by-products from those operations, some of which may be toxic or hazardous substances. As a result of such uses and activities, physical and other changes may have occurred in the property, including without limitation the disposition of solid and hazardous wastes and hazardous substances. GRANTEE acknowledges having inspected the property, having observed its physical characteristics and existing conditions, and having had the opportunity to conduct such investigation and study on and of said property as it deems necessary, and hereby waives any and all objections to or complaints about physical characteristics and existing conditions; including without limitation subsurface conditions and solid and hazardous wastes and hazardous substances on, under or related to the property. GRANTEE further acknowledges and agrees that the easements

. over the property are granted to and accepted by GRANTEE in its present condition "as is", and GRANTEE hereby assumes the risk that adverse physical characteristics and existing conditions

may not have been revealed by its investigation.

6. The term of this temporary construction easement shall be for a period of five ( 5) years or upon completion of the construction of the improvement, which ever occurs first.

7. The covenants and agreements herein contained shall inure to the benefit of and be binding upon the parties hereto, their heirs successors and assigns.

GRANTOR:

KANE. COUNTY FOREST PRESERVE DISTRICT By:

Attest:

GRANTEE:

COUNTY OF KANE

By:

Karen McConnaughay, Chairman Kane County Board·

Attest:

John Cunningham, County Clerk

EXHIBIT "1"

That part of the Southwest Quarter of Section 2, Township 40 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the northeast comer of said Southwest Quarter; thence on an assumed bearing of South 89 degrees 24 minutes 51 seconds West along the North line of said Southwest Quarter, 714.32 feet to the westerly right of way line of the railroad formerly known as the Carpentersville, Elgin, and Aurora Railway Company; thence South 5 degrees 24 minutes 19 seconds East along said line, 69.09 feet to a point on the existing southerly right of way line of the Chicago, Central, and Pacific Railroad, said point also being the Point of Beginning; thence continuing South 5 degrees 24 minutes 19 seconds East along said westerly right of way line, 45.41 feet to a point on a line 45.00 feet southerly of, as measured perpendicular to, said souti1erly right of way line; thence North 87 degrees 40 minutes 25 seconds West along said line, 295.25 feet to the northeasterly right of way line ofthe Chicago, Madison and Northern Railroad Company, said right of way line being part of the lands conveyed in warranty deed recorded on April11, 1896 as Document Number 23 5.11; thence northwesterly 99.3 7 feet along said right of way line on a curve to the left having a radius of 907.92 feet, the chord ofsaid curve bears North 60 degrees 43 minutes 53 seconds West, 99.32 feet to said southerly right of way line; thence South 87 degrees 40 minutes 25 seconds East along said southerly right of way line, 377.68 feetto the Point ofBeginning; in Kane County, Illinois.

Said part containing 0.346 acre, more or less,

and,

That part of the lands described in Parcel2 in Deed 1745685 filed in Kane County, Illinois on November 5, 1985more particularly described as follows: Beginning at the intersection of the North line of the Som Farm with the centerline of Right-of-Way, as now located, of the former railroad know as the Carpentersville, Elgin and Aurora Railway Company, said intersection being at a point on a line recorded as 792 feet (12 chains) south of and parallel with the North line of the Southwest Quarter of Section 2, and a measured distance of 1991.89 feet east of, as measured normal to, the West line of said Southwest Quarter of said Section 2, Township 40 North, Range 8 East of the Third Principal Meridian; thence easterly along the north line of said Som Farm on an assumed bearing ofNorth 89 degrees 55 minutes 18 seconds East a distance of25.11 feet to a point 25 feet easterly of, as measured normal to, said centerline; thence South 5 degrees 24 minutes 19 seconds East along a line parallel with and 25 easterly of said centerline a distance of 52.56 feet; thence South 84 degrees 3 5 minutes 41 seconds West 50 feet; thence North 5 degrees 24 minutes 19 seconds West a distance of 57.22 feet along a line parallel with and 25 feet westerly of, as measured normal to said centerline, to the north line of said Som Farm; thence North 89 degrees 55 minutes 18 seconds East along said north line 25.11 feet to the Point ofBegiiming.

Said part containing 0.063 acre, more or less.

EXHIBIT "F" (1 Agreement of 2)

PERMANENT IDGHW AY EASEMENT

This Grant of Non-Exclusive Permanent Highway Easement is made this_ day of January 2009, between the KANE COUNTY FOREST PRESERVE DISTRICT, an Illinois downstate forest preserve district, located at 719 South Batavia A venue, Geneva, Illinois (hereinafter the "GRANTOR") and the County of Kane, 719 South Batavia A venue, Geneva, Illinois acting by and through its Division of Transportation (hereinafter the "GRANTEE").

WHEREAS, GRANTEE has requested from GRANTOR a permanent easement for the purpose of designing, laying out, constructing and maintaining various public highway improvements including a bridge and any and everything appurtenant thereto (hereinafter referred to as the "improvement"); and,

WHEREAS the GRANTOR has agreed to grant unto the GRANTEE a permanent easement for the purpose of the improvement; and,

NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, receipt and sufficiency of which are hereby acknowledged by the GRANTOR and the GRANTEE, it is mutually agreed as follows:

1. The GRANTOR does hereby grant and convey to GRANTEE, its successors and · assigns, a permanent easement for the purpose of the improvement; over, under, across within and through real estate as shown and legally described on Exhibit 1 attached hereto and made a part hereof;

2. The GRANTOR, for itself and its successors and assigns, covenants and agrees that it shall not interfere with the lawful use of the real estate described in Paragraph No. 1 by the GRANTEE, its successors and assigns, pursuant to the terms ·of this permanent easement.

3. The GRANTEE, for itself and its successors and assigns, covenants and agrees that the improvement shall include the following obligations of the GRANTEE:

a) During construction of the improvement, the Grantee shall fence and/or cover any excavation opening with protective cover at all times when construction personnel are not present at the site.

b) During construction of the improvement, the GRANTEE and its contractor(s) will be responsible for safety measures to protect the public and the GRANTOR.

c) GRANTEE shall construct the improvement in accordance with approved plans therefor.

d) GRANTEE represents to the GRANTOR that prior to construction, all permits, licenses, authorizations and approvals required by all federal, state and local governmental agencies having jurisdiction over the work will be obtained.

e) GRANTEE shall restore sod, plant material, trees, bicycle trail or other improvements damaged in constructing, maintaining, repairing or operating the improvement.

f) GRANTEE shall restore the GRANTOR's property in accordance with the approved construction plan.

g) GRANTEE will be fully responsible for the actions of its employees and agents while on the real estate described in Exhibit 1.

4. GRANTEE hereby agrees to indemnify and save harmless the GRANTOR from and against any loss, damage or expense which the GRANTOR may suffer, incur or sustain or for which the GRANTOR may become legally liable arising or growing out of GRANTEE's activities and/or negligence and that of its contractors, agents and employees in designing, construction or maintaining the improvement.

5. GRANTOR makes no covenant, representation or warranty as to the suitability of the property for any purpose whatsoever or as to the physical condition of the property. GRANTEE acknowledges that portions of the property could have been, used for operations and for storage of products and by-products from those operations, some of which may be toxic or hazardous substances. As a result of such uses and activities, physical and other changes may have occurred in the property, including without limitation the disposition of solid and hazardous wastes and hazardous substances. GRANTEE acknowledges having inspected the property, having observed its physical characteristics and existing conditions, and having had the opportunity to conduct such investigation and study on and of said property as it deems necessary, and hereby waives any and all objections to or complaints about physical characteristics and existing conditions, including without limitation subsurface conditions and solid and hazardous wastes and hazardous substances on,

I

under or related to the property. GRANTEE further acknowledges and agrees that the easements over the property are granted to and accepted by GRANTEE in its present condition "as is", and GRANTEE hereby assumes the risk that adverse physical characteristics and existing conditions may not have been revealed by its investigation.

6. The covenants and agreements herein contained shall run with the land and shall inure to the benefit of and be binding upon the parties hereto, their heirs, successors and assigns.

GRANTOR:

KANE COUNTY FOREST PRESERVE DISTRICT By:

Attest:

GRANTEE:

COUNTY OF KANE

By:

Attest:

John Cunningham, County Clerk

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EXHIBIT "1"

That part of the following described property lying easterly of the former right of way of the Carpentersville, Elgin, and Aurora Railway Co. (now the right of way of the Fox Valley Trolley Museum): That part of the West Half of Section 2, Township 40 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the point of intersection of the center line of the State Highway Route 31 with the southerly line of the right of way of the Illinois Central Railroad Company (formerly the Chicago, Madison and Northern Railroad Company); thence easterly along the southerly line of said railroad right of way to the westerly bank of the Fox River; thence southerly along said westerly bank to a line drawn parallel with and 792 feet southerly of (measured at right angles thereto) the north line of the Southwest Quarter of said Section 2; thence west along said parallel line 1160 feet to the center line of State Highway Route 31; thence northerly along said center line to the Point of beginning; (except that part conveyed to the Chicago, Madison and Northern Railroad Company by deed dated April3, 1896 and recorded April11, 1896 in Book 356, Page 166 as Document 23511; also except that part conveyed to the Carpentersville, Elgin and Aurora Railway Company by deed dated November 2, 1895 andrecordedApril11, 1896 inBook356, Page 167 as Document 23512; also except that part conveyed to the Illinois Central Railroad Company by deed dated August 10, 1898 and recorded August 30, 1898, in Book 383, Page 173, as Document 35887); in the Township of St. Charles, Kane County, Illinois.

Said part containing 0.572 acre, more or less,

and,

That part ofthe Southwest Quarter of Section 2, Township 40 North, Range 8 East ofthe Third Principal Meridian, described as follows: Commencing at the northeast comer of said Southwest Quarter; thence on an assumed bearing of South 89 degrees 24 minutes 51 seconds West along the North line of said Southwest Quarter, 714.32 feet to the westerly right of way line of the railroad formerly known as the Carpentersville, Elgin, and Aurora Railway Company; thence South 5 degrees 24 minutes 19 seconds East along said line, 192.92 feet; thence North 86 degrees 54 minutes 53 seconds West, 281.77 feet to a point on the southwesterly right of way line of the railroad formerly known as the Chicago, Madison and Northern Railroad Company, said right of way line being part of the lands conveyed in warranty deed recorded on April11, 1896 as Document Number 23 511, said point also being the Point ofBeginning; thence southeasterly 269.19 feet along said right of way line on a curve to the right having a radius of 857.92 feet, the chord of said curve bears South 44 degrees 44 minutes 16 seconds East, 268.09 feet; thence North 86 degrees 54 minutes 53 seconds West, 45.43 feet; thence South 3 degrees 05 minutes 07 seconds West, 40.00 feet; thence North 86 degrees 54 minutes 53 seconds West, 240.00 feet to the easterly line of the lands described in Document Number 2007K067124; thence North 11 degrees 27 minutes 19 seconds East along said line, 222.37 feet; thence South 86 degrees 54 minutes 53 seconds East, 54.39 feet to the Point of Beginning; in Kane County, Illinois.

Said part containing 0.951 acre, more or less.

EXHIBIT "G"

TEMPORARY CONSTRUCTION

EASEMENT

This Grant of Non-Exclusive Temporary Construction Easement is made this __ day of December 2008, between the KANE COUNTY FOREST PRESERVE DISTRICT, an Illinois downstate forest preserve district, located at 719 South Batavia A venue, Geneva, Illinois (hereinafter the "GRANTOR") and the County of Kane, 719 South Batavia A venue, Geneva, Illinois acting by and through its Division of Transportation (hereinafter the "GRANTEE").

WHEREAS, GRANTEE has requested from GRANTOR a temporary construction easement for the purpose of designing, laying out, and constructing and maintaining public multi­use trail improvements including any and everything appurtenant thereto (hereinafter referred to as the "improvement"); and,

WHEREAS the GRANTOR has agreed to grant unto the GRANTEE a temporary construction easement for the purpose of the improvement; and,

NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, receipt and sufficiency of which are hereby acknowledged by the GRANTOR and the GRANTEE, it is mutually agreed as follows:

1. The GRANTOR does hereby grant and convey to GRANTEE, its successors and assigns, a temporary construction easement for the purpose of improvement; within real estate as shown and legally described on Exhibit 1 attached hereto and made apart hereof;

2. The GRANTOR, for itself and its successors and assigns, covenants and agrees that it shall not interfere with the lawful use of the real estate described in Paragraph No. 1 by the GRANTEE, its successors and assigns, pursuant to the terms of this temporary construction easement.

3. The GRANTEE, for itself and its successors and assigns, covenants and agrees that the improvement shall include the following obligations of the GRANTEE:

a) During construction, the Grantee shall fence and/or cover any excavation opening with protective cover at all times w~en construction personnel are not present at the site.

b) GRANTEE and its contractor(s) will be responsible for safety measures to protect the public and the GRANTOR.

c) GRANTEE shall construct the improvement in accordance with approved plans therefor.

d) GRANTEE represents to the GRANTOR that prior to construction, all permits, licenses, authorizations and approvals required by all federal, state and local governmental agencies having jurisdiction over the work will be obtained.

e) GRANTEE shall restore sod, plant material, trees, bicycle trail or other improvements damaged in constructing the improvement.

f) GRANTEE shall restore the GRANTOR's property in accordance with the approved construction plan.

g) GRANTEE will be fully responsible for the actions of its employees and agents while on the real estate described in Exhibit 1.

4. GRANTEE hereby agreesto indemnify and save harmless the GRANTOR from and against any loss, damage or expense which the GRANTOR may suffer, incur or sustain or for which the GRANTOR may become legally liable arising or growing out of GRANTEE's activities and/or negligence and that of its contractors, agents and employees in designing, construction or maintaining the improvement.

5. GRANTOR makes no covenant, representation or warranty as to the suitability of the property for any purpose whatsoever or as to the physical condition of the property. GRANTEE acknowledges that portions of the property could have been, used for operations and for storage of products and by-products from those operations, some of which may be toxic or hazardous substances. As a result of such uses and activities, physical and other changes may have occurred in the property, including without limitation the disposition of solid and hazardous wastes and hazardous substances. GRANTEE acknowledges having inspected the property, having observed its physical characteristics and existing conditions, and having had the opportunity to conduct such investigation and study on and of said property as it deems necessary, and hereby waives any and all objections to or complaints about physical characteristics and existing conditions, including without limitation subsurface conditions and solid and hazardous wastes and hazardous substances on, under or related to the property. GRANTEE further acknowledges and agrees that the easements over the property are granted to and accepted by GRANTEE in its present condition "as is", and GRANTEE hereby assumes the risk that adverse physical characteristics and existing conditions

may not have been revealed by its investigation.

6. The term of this temporary construction easement shall be for a period of five (5) years or upon completion of the construction of the improvement, which ever occurs first.

7. The covenants and agreements herein contained shall inure to the benefit of and be binding upon the parties hereto, their heirs successors and assigns.

GRANTOR:

KANE COUNTY FOREST PRESERVE DISTRICT By:

GRANTEE:

COUNTY OF KANE

By:

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Karen McConnaughay, Chai Kane County Board

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Attest: Attest:

John Cunningham, County Clerk

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EXHIBIT "1"·

That part of the Southwest Quarter of Section 2, Township 40 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the northeast comer of said Southwest Quarter; thence on an assumed bearing of South 89 degrees 24 minutes 51 seconds West along the North line of said Southwest Quarter, 714.32 feet to the westerly right of way line ofthe railroad formerly known as the Carpentersville, Elgin, and Aurora Railway Company; thence South 5 degrees 24 minutes 19 seconds East along said line, 69.09 feet to a point on the existing southerly right of way line of the Chicago, Central, and Pacific Railroad, said point also being the Point of Beginning; thence continuing South 5 degrees 24 minutes 19 seconds East along said westerly right of way line, 45.41 feet to a point on a line 45.00 feet southerly of, as measured perpendicular to, said southerly right of way line; thence North 87 degrees 40 minutes 25 seconds West along said line, 295.25 feet to the northeasterly right of way line of the Chicago, Madison and Northern Railroad Company, said right of way line being part ofthe lands conveyed in warranty deed recorded on Aprilll, 1896 as Document Number 23 511; thence northwesterly 99.3 7 feet along said right of way line on a curve to the left having a radius of 907.92 feet, the chord of said curve bears North 60 degrees 43 minutes 53 seconds West, 99.32 feet to said southerly right of way line; thence South 87 degrees 40 minutes 25 seconds East along said southerly right of way line, 377.68 feet to the Point ofBeginning; in Kane County, Illinois.

Said part containing 0.346 acre, more or less,

and,

That part of the lands described in Parcel2 in Deed 1745685 filed in Kane County, Illinois on November 5, 1985more particularly described as follows: Beginning at the intersection ofthe North line of the Som Farm with the centerline ofRight-of-Way, as now located, ofthe former railroad know as the Carpentersville, Elgin and Aurora Railway Company, said intersection being at a point on a line recorded as 792 feet (12 chains) south of and parallel with the North line of the Southwest Quarter of Section 2, and a measured distance of 1991.89 feet east of, as measured normal to, the West line of said Southwest Quarter of said Section 2, Township 40 North, Range 8 East of the Third Principal Meridian; thence easterly along the north line of said Som Farm on an assumed bearing ofN orth 89 degrees 55 minutes 18 seconds East a distance of 25.11 feet to a point 25 feet easterly of, as measured normal to, said centerline; thence South 5 degrees 24 minutes 19 seconds East along a line parallel with and 25 easterly of said centerline a distance of 52.56 feet; thence South 84 degrees 3 5 minutes 41 seconds West 50 feet; thence North 5 degrees 24 minutes 19 seconds West a distance of 57.22 feet along a line parallel with and 25 feet westerly of, as measured normal to said centerline, to the north line of said Som Farm; thence North 89 degrees 55 minutes 18 seconds Eastalongsaidnorth line 25.11 feet to the Point of Beginning.

Said part containing 0.063 acre, more or less.