Resolution 2008-37 STATE OF ILLINOIS )
) ss.
COUNTY OF KENDALL )
Resolution No. 2008- - �;l
RESOLUTION APPROVING
MAINTENANCE AND PUBLIC EASEMENT AGREEMENT
BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville,
Kendall County, Illinois, that the Maintenance & Public Easement Agreement by and among
Copley Ventures, Inc., County of Kendall, Illinois, United City of Yorkville and Kendall County
Public Building Commission in the form presented to this meeting and attached hereto as Exhibit
A is hereby approved and the Mayor and City Clerk are hereby authorized to execute and deliver
same; and, to undertake any and all actions required to implement the terms thereof.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this
a� day of N-" A.D. 2008.
ROBYN SUTCLIFF JOSEPH BESCO
ARDEN JOE PLOCHER WALLY WERDERICH
GARY GOLINSKI MARTY MUNNS
ROSE SPEARS BOB ALLEN
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this � day oA'�uS� , A.D. 2008.
IAA i
Mayor
Attest:
1 �
2
a
August 19,2008
1vu :E c May. f ~= k_ IC-3 1 -61-1
I,E:hIT?fal...l. Cf.IUNTY, 11-
RECORDED: 10/1/2008 2:40 PM
RHSPS FEE: 10.00
PAGES: 6
.
MAINTENANCE & PUBLIC EASEMENT AGREEMENT
i
This MAINTENANCE AGREEMENT is made this day of,�, 2008,
by and between the UNITED CITY OF YORKVILLE, an Illinois municipW1 corporation
( "City "), the COUNTY OF KENDALL (County), a governmental body politic, and the PUBLIC
BUILDING COMMISSION OF KENDALL COUNTY, ILLINOIS ( "PBC ").
WHEREAS, COPLEY VENTURES, INC., an Illinois not - for - profit corporation
( "Copley Ventures ") is the owner of the property legally described as Lot 3 of the Final Plat of
Subdivision for Rush - Copley Healthcare Center, being a part of the Northeast Quarter of Section
30, Township 37 North, Range 7 East of the Third Principal Meridian, in Kendall County,
Illinois with PIN number 02 -30- 200 -17 ( "Subject Property"); and
WHEREAS, the City has accepted dedication of the right of way on the Subject Property
in fee simple from Copley Ventures to provide a means of egress and ingress for vehicular traffic
to and from the Kendall County complex to Beecher Road. (See Plat of Dedication attached
hereto as Exhibit A).
NOW THEREFORE, in consideration of the terms and conditions contained herein, the
sufficiency of which is hereby acknowledged, the parties agree as follows:
a) The above recitals are hereby incorporated by reference and shall be
considered material and binding provisions of this agreement;
b) Nothing contained in this Agreement shall affect the rights of the
Yorkville/Bristol Sanitary District conveyed in easement recorded
December 14, 2004, and bearing document number 200400034866;
C) The initial grass seeding of the Subject Property shall be performed by
Rush Copley Medical Center.
d) The City agrees to allow Kendall County and PBC full access for ingress
and egress for any and all purposes between Beecher Road and the
Kendall County government complex (including but not limited to the
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Kendall County Courthouse, Health & Human Services and Public Safety
Center). Said access shall be an public easement running with the land
and the parties hereto and their successors, assigns, and heirs;
e) PBC and/or Kendall County will perform routine maintenance on the
Subject Property limited to the following:
i. Routine grass mowing on the Subject Property;
ii. Snow removal at the intersection of the Subject Property and John St.
only as shown on the attached Exhibit B;
iii. Routine maintenance and repair at the intersection of the Subject
Property and John St. only as shown on the attached Exhibit B.
f) The parties agree to cooperate in recording this agreement against all
proprieties described she on the attached Exhibit C.
[SIGNATURE PAGES TO FOLLOW]
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UNITED CITY OF YORKVILLE,
an Illinois municipal corporation
By: b / ahAti,, ) L!
Its Mayor
ATTEST:
City rk
State of Illinois )
) SS.
County of Kendall )
On this R& day l im, 2008, before me, the undersigned Notary Public,
personally appeared a u'" and `
respectively known to me to be the Mayor and Clerk of the United dity o Yorkville, an Illinois
municipal corporation, and executed and acknowledged the Maintenance Agreement to be the
free and voluntary act of the United City of Yorkville, for the uses and purposes therein
mentioned, and on oath stated that they are authorized to respectively execute and witness this
Maintenance Agreement and in fact executed and witnessed this Maintenance Agreement and on
behalf of the United City of Yorkville.
NOTYY PUBLIC
�rw OFFICIAL SEAL n
MEGHAN GEHR
NOTARY PUBLIC • STATE OF UM018
W COWASSION EXPIRES:11 /16/1 1
136572/1
KENDALL COUNTY PUBLIC BUILDING COMMISSION
By: ..r
C11
ATTEST:
SECRETARY
State of Illinois )
) SS.
County of Kendall )
On this 84 of ��/� , 2008, before m Hhe undersigned Notary Public,
personally appeared Z�eR! fkj ' and
respectively known to me to be the Chairman and Secretary of the Kendall County Public
Building Commission, and executed and acknowledged the Maintenance Agreement to be the
free and voluntary act of the Kendall County Public Building Commission, for the uses and
purposes therein mentioned, and on oath stated that they are authorized to respectively execute
and witness this Maintenance Agreement and in fact executed and witnessed this Maintenance
Agreement a on behalf of the Kendall County Public Building Commission.
TARY PUBLIC
OFFICIAL SEAL
ERIN SUTTON
NOTARY PUBLIC - STATE OF ILLINOIS
MY COMMISSION EXPIRES:03110110
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COUNTY ,F KE
i By:
Chairman, Kendall County Bo
ATTEST:
a�L 4 Z,
Kendall County Clerk
State of Illinois )
) SS.
County of Kendall )
On this day of , 2008, before me, the undersigned Notary Public,
personally appeared ey and
�n
respectively known to me to be the Kendall ( County Board Chairman and Kendall County Clerk,
and executed and acknowledged the Maintenance Agreement to be the free and voluntary act of
the County of Kendall, for the uses and purposes therein mentioned, and on oath stated that they
are authorized to respectively execute and witness this Maintenance Agreement and in fact
executed and witnessed this Maintenance Agreement and on behalf of Kendall County.
T
N6TP RY PUBLIC
OFFICIAL SEAL
ERIN SUTTON
NOTARY PUBLIC - STATE OF ILLINOIS
MY COMMISSION EXPIRES:03 /10 /10
Prepared By and Return To:
Vincent M. Rosanova, Esq.
Dommermuth, Brestal, Cobine & West, Ltd.
123 Water Street, P.O. Box 565
Naperville, Illinois 60566 -0565
Ph: (630) 355 -5800
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EXHIBIT C
"Lot 3" — ALL OF LOT 3, BEING PART OF RUSH - COPLEY HEALTHCARE
CENTER SUBDIVISION, PER DOCUMENT 200700032622, RECORDED NOVEMBER
6TH, 2007, OF PART OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 37,
RANGE 7 OF THE THIRD PRINCIPAL MERIDIAN, IN KENDALL COUNTY, ILLINOIS.
PIN: 02 -30- 200 -017
"Kendall County Government complex " - THAT PART OF THE NORTH WEST I /4 OF
SECTION 29, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH WEST
CORNER OF SAID NORTH WEST 1 /4; THECE SOUTH 00 DEGREES, 39 MINUTES, 10
SECONDS EAST ALONG THE WEST LINE OF SAID NORTH WEST '/4, 429.15 FEET TO
THE CENTER LINE OF U.S. ROUTE 34 FOR A POINT OF BEGINNING; THENCE SOUTH
84 DEGREES, 57 MINUTES, 39 SECONDS EAST ALONG SAID CENTER LINE, 1628.05
FEET; THENCE SOUTH 05 DEGREES, 02 MINUTES, 21 SECONDS WEST, 1320.13 FEET
TO THE LINE OF A FENCE NOW MONUMENTING THE SOUTH LINE OF PROPERTY
ONCE OWNED BY T. SPENCER; THECE SOUTH 89 DEGREES, 05 MINUTES, 0
SECONDS WEST ALONG SAID FENCE LINE, 1489.11 FEET TO SAID WEST LINE;
THENCE NORTH 00 DEGREES, 39 MINUTES, 10 SECONDS, WEST ALONG SAID WEST
LINE, 1481.95 FEET TO THE POINT OF BEGINNING IN BRISTOL TOWNSHIP,
KENDALL COUNTY, ILLINOIS.
PIN: 02 -29 -100 -006
"Rush Copley Healthcare Center" - THAT PART OF THE NORTHEAST 1/4 OF SECTION 30,
TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPLE MERIDIAN
DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF SAID
NORTHEAST 1/4, THENCE SOUTH O1 DEGREES 18 MINUTES 14 SECONDS EAST,
ALONG THE EAST LINE OF SAID NORTHEAST 1/4,479.42 FEET, TO A POINT ON THE
SOUTHERLY RIGHT OF WAY LINE OF U.S. ROUTE NO. 34, FOR THE POINT OF
BEGINNING; THENCE CONTINUING, SOUTH O1 DEGREES 18 MINUTES 14 SECONDS
EAST, ALONG SAID EAST LINE, 1427.73 FEET; THENCE SOUTH 88 DEGREES 33
MINUTES 00 SECONDS WEST, 1327.03 FEET; THENCE NORTH O1 DEGREES 13
MINUTES 50 SECONDS WEST, 1308.64 FEET; THENCE NORTH 88 DEGREES 46
MINUTES 21 SECONDS EAST, 245.00 FEET; THENCE NORTH O1 DEGREES 13
MINUTES 50 SECONDS WEST, 232.61 FEET TO A POINT ON SAID SOUTH RIGHT OF
WAY LINE; THENCE SOUTH 85 DEGREES 29 MINUTES 54 SECONDS EAST, ALONG
SAID SOUTH RIGHT OF WAY LINE, 1085.62 FEET, TO THE POINT OF BEGINNING,
ALL IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS.
PIN: 02 -30- 200 -016
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