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Resolution 1999-28 9914944 10/13/1999 0; 1P 2 of 4 Paul Anderson, Kendall County, IL Recorder . STATE OF ILLINOIS ) June 10, 1999 )ss. COUNTY OF KENDALL ) RESOLUTION 99-28 DrEDiCAT-ILON OF REAL PROPER 1 Y AGREEiYEN T NOW COMES GERALD A. JOHNSON and HARLAN E. JOHNSON, referred to as "GRANTORS"and the UNITED CITY OF YORKVILLE,a body politic,hereinafter referred to as "GRANTEE", who do hereby agree to the following covenants and conditions in consideration of the payment of ten dollars ($10.00) and other good and valuable consideration by GRANTEE, the UNITED CITY OF YORKVILLE, to GRANTORS in exchange for GRANTORS' conveying the real property described in the attached Exhibit"A" and in support thereof state as follows: 1. That GRANTORS agree to convey fee title to GRANTEE the real property described in the attached Exhibit"A",which is made a part hereof and incorporated herein by reference, for the purpose of constructing a municipal parking lot. 2. In considerai un vi 6-iiil transfer, GAR AN i EE agrees to commence construction of a municipal parking lot within two (2) years of the execution of this Deed of Dedication. GRANTEE shall use its best efforts to commence construction and complete said parking lot within a reasonable amount of time thereafter. 3. GRANTEE has had a survey prepared of the real property described in the attached Exhibit"A",which consist of an area of real property East of an alley owned by the -1- UNITED CITY OF YORKVILLE easterly to the West property line of the Kendall County Farm Bureau and bordered northerly by real property owned by Ancient Free and Accepted Masons Kendall Lodge#471,and southerly by real property owned by Kendall County Farm Bureau. 4. GRANTEE upon installation of improvements shall provide steps and ramping, to be built as close to practically possible for compliance with Americans With Disability Act requirements from Van Emmon Street to the newly created parking areas. 5. No other permanent use will be undertaken in said parking area other than municipal parking lot without the prior written consent of GRANTORS. It is contemplated that the UNITED CITY OF YORKVILLE may have intermittent use of the parking area for special events as approved by the Mayor or City Council. However, no permanent structures interfering with parking shall be placed on the demised premises, other than landscaping and fencing. 6. The UNITED CITY OF YORKVILLE agrees to hold GERALD A.JOHNSON and HARLAN E. JOHNSON and THEIR successors and assigns harmless from any liability or activity conducted on the demised premises after the date of transfer to the UNITED CITY OF YORKVILLE. The UNITED CITY OF YORKVILLE shall maintain said improvements, and shall hold harmless and defend the GERALD A. JOHNSON and HARLAN E. JOHNSON and THEIR assigns from any claims or actions which may arise as a result of the construction or use of said premises, or occurring thereon. -2- 7. GERALD A. JOHNSON and HARLAN E. JOHNSON and their successors, and assigns agree to hold the UNITED CITY OF YORKVILLE harmless and indemnify it from any liability as a result of conditions on the land or activities that took place thereon prior to the date of the transfer of this agreement. 8. GRANTEE agrees that in the event the parking lot area dedicated hereunder by the GERALD A. JOHNSON and HARLAN E. JOHNSON no longer is used for public parking purposes then and in that event ownership of the subject parcel of real property as well as the right to its possession and we shall revert solely to GRANTORS and their successors, heirs, and assigns. Aja IN WITNESS WHEREOF the undersigned has executed this Agreement this�� day of 1999. GRANTORS: M7E<ON 2/�' �AN E. JOHN N Signed and sworn to before me 1999 r sU LTJ Notary Public =PUBLIC, SEAL " MARTINI E OF ICL LAOIS ES 1/291 The above De di ation of real roperty is hereby accepted by the UNITED CITY OF YORKVILLE this day of , 194 THE UNITED CITY OF YORKVILLE By: 4::fz� MAYOR F ttr'E: : Jt9 i CI'Lr'Y CLERK Law Offires c:Daniel J. Kramer 11.07A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 -4- LEGAL DESCRIPTION That part of Lot 3 lying easterly of the West line of an alley dedicated by Document No. 73-2177, (except the northerly 20.0 feet thereof), in Block 6, Black's Addition to Yorkville,Kendall County,Illinois and the easterly 0.50 feet of the westerly 102.98 feet,as measured perpendicular to the West line of said Block 6,of the northerly 25.0 feet of Lot 4 in said Block 6, in the United City of Yorkville, Kendall County, Illinois and containing 0.046 acres.