HomeMy WebLinkAboutOrdinances - ORD-14-1660 - 01/20/2014 - Easement Agreement Harris BankDerik Morefield
City Administrator
1 333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2108
Fax: (815) 363-2119
www.ci.mchenry.il.us
ORDINANCE NO. ORD-14-1660
AN ORDINANCE AUTHORIZING THE EXECUTION OF A BOARDWALK IMPROVEMENTS
EASEMENT AGREEMENT BETWEEN THE CITY OF MCHENRY, AN ILLINOIS MUNICIPAL
CORPORATION AND CHICAGO LAND TRUST AS SUCCESSOR TRUSTEE TO HARRIS TRUST AND
SAVINGS BANK, AS TRUSTEE OF A TRUST AGREEMENT DATED MAY 2,1990 AND KNOWN AS
TRUST 94734
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as
contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the
passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as
granted in the Constitution of the State of Illinois.
NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF MCHENRY,
McHenry County, Illinois, as follows:
SECTION 1: The Easement Agreement, bearing the date of January 20, 2014, between
the City of McHenry, an Illinois Municipal Corporation and Chicago Land Trust as Successor Trustee
to Harris Trust and Saving Bank, as Trustee of a Trust Agreement dated May 2, 1990 and know as
Trust 94734 and be and the same is hereby approved. A complete and accurate copy of said
agreement, labeled "Boardwalk Improvements Easement Agreement" is attached to this ordinance
and incorporated herein by reference as Exhibit "A".
SECTION 2:- The Mayor and City Clerk are hereby authorized to affix their signatures as
Mayor and City Clerk to said Agreement for the uses and purposes therein set forth.
SECTION 3: All Ordinance or parts thereof in conflict with the terms and provisions hereof
are hereby repealed to the extent of such conflict.
SECTION 4: This Ordinance shall be published in pamphlet form by and underthe authority
of the corporate authorities of the City of McHenry, McHenry County, Illinois.
Derik Morefield
City Administrator
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2108
Fax: (815) 363-2119
www.ci.mchenry.il.us
SECTION 5: This Ordinance shall be in full force and effect from and after its passage,
approval, and publication in pamphlet form as provided by law.
PASSED THIS 20TH DAY OF JANUARY, 2014
AYES:
Santi, Glab, Schaefer, Blake, Wimmer, Condon
NAYS:
None
ABSTAINED: -None
ABSENT:
Peterson
NOT VOTING:
None
APPROVED THIS 20th DAY OF JANUARY, 2014
YAYOR
ATTEST:
&/,wn t I X0 0 P
— C y 0
IT
Exhibit "'A"
'. EASEXIMNIT
.AGREEMLINT
Prepared by/Mailto:
.;David W. DvIcArdle
Zukowski, Rogers, Flood
& MeArdle
50 Virginia Street
...Crystal Lake, Illinois 60014
815/459-2050
In exchange of good and
a . dequacy and sufficiencyofwhichis hereby aeknoAvledged, ChicagoUmd Trust as Successor Trustee to Harris
Trust and SavingsBank, as Ti-ostc4-.ofaTrustAgrociiicntdatcd 5/2/90 and known as Trust94734 C'Grantor"),
doesherebygraat� convey and transfertothe City of McHenry, an Illinois Municipal Corporation ('Grantee'),
a non-exclusive perpetual casement over, under, and upon the premises legally described atid depicted as
"Boardwalk ImprovementsEasement Description"on attached E.-JiibitA C'SubjectEasementAra) for: i) the
I ts alkand
reconstructioll iristallationandinaintananceof Grantee's irrigation system, landscaping, ligh brickw
concrete sidewalks (except as specifically set forth below), and gazebo, and all necessqry accessories and
appurtenances used in coiinectionthereivitt4to,-,etlleyNvith the right to remove trees, vegetation and any other
,,fobstructions or improvementswithin the Subject Easement Area; I!) the (3ranteeto enter upon, in, on, under,
over and through the SubjectEasement Area to reconstruct and maintain such hriprovements; and iii) the
general public to have theright-of ingress a -ad egress in orderto useto use the Civs boardwalkas anamenity.
This Easement shall run with the land in favor of the Grantee, its suctessorsand assigns, and shall be and
remain free and cl mof all encunibrancesexceptfor the improvements described here. This Easement shall be
perpetual and notbe amended, modifiedor revokedvdthoutthe expresswritten consent of the parties.
. Notwithstanding such grant, in the event that Grantor requeits, in its discretion, that the Grantee
remove that certain specific sidewalk labeled "?arking Lot Sidfoivalk" on attached Exhibit A, Grantee shall
remove same promptly at Grantees expense.
The Grantee hereby ado-ees to proteqt, indemnify, defend and hold harmless the Grantor, its tenants,
successors And assigas, ftom any costs, expenses, damages, suits or claims against the Grantor and/or its
tenants, successors and assigns and resulting from Grantee's or the public's activities upon the Subject
Easement Area. Following any reconstruction or maintenance work within the Subject Easement Area,
Gmtcv shall restore the SiMect, Easement Area to substantially tho same condition as it was at the
coinniencenientof the work, with the exception of the permaiientpublie improvementsmade thereon by the
Grantee, which shall remain on the property.
Grantee shall at all times carry comprehensivegeneral. liability ilisurancowitliminimurn coverage of
1-$1,000,000,00, combined single limit, and cause a cordficate of insurance to be delivered to Grantor in
.—connection with Grantee's acceptance ofthis Easement.
Grantor covenants with Grantee that Grantor is the lawful fee simple owner of the real property
underlying such casement and that it has the right and authority to make this grant.
Derik M orefleld
City Administrator
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2108
Fax: (815) 363-2119
www.ci.mchenry.il.us
DATED: -12014
GRANTOR: Chicago Land Trust as Successor
Trustee to Harris Trust and Savings Bank, as
Trustee of a Trust Agreement dated 5/2/90 and
Known as Trust 94734
By:
Print name:
GRANTEX ACCEPTANCE
By:
City of McHew
Its:
Mdkflr�Vllzi I. f.C'Ak)-.t
Derik Morefield
City Administrator
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2108
Fax: (815) 363-2119
www.ci.mchenry.1l.us
ALTA/ACSM LAND TITLE SURVEY
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EASEMENT
AGREEMENT
Prepared by/Mail to.
David W. McArdle
Zukowski, Rogers, Flood
& McArdle
50 Virginia Street
Crystal Lake, Illinois 60014
815/459-2050
In exchange of good and
Naluable consideration, the
adequacy and sufficiency of which is hereby acknowledged, Chicago Title Land Trust Company as
Successor Trustee to Harris Trust and Savings Bank, as Trustee of a Trust Agreement dated 5/2/90 and
known as Trust 94734 ("Grantoe), does hereby grant, convey and transfer to the City of McHenry, an
Illinois Municipal Corporation ("Grantee"), a non-excilusive perpetual easement over, under, and upon the
promises legally described and depicted as "Boardwalk Improvements Easement Description" on attached
Exhibit A ("Subject Easement Area!) for: i) Oic reconstruction, installation and maintenance of Grantee's
irrigation system, landscaping, lights, brick walk and concrete sidewalks, and gazebo, and an necessary
accessories and appurtenances used in connection therewith (subject to Grantee's removal obligation set
forth in the second paragraph of this Easement Agreement) to the extent the same exist as of the date Qf
this Easement Agreement, together with the right to remove trees, vegetation and any other obstructions or
improvements within the Subject Easement Area to the extent that the same were installed by Grantee; ii)
the Grantee to enter upon, in, on, under, over and- through the -Subject Easement Area to reconstruct and
maintain such improvements; -and iii) the public to have the right to use the Subject Easement Area in
connection with its use of the City's boardwalk as an amenity, excluding the "Parking Lot Sidewalk"
referenced on the attached Exhibit A; provided however nothing herein shall be construed as permitting
the public ingress and egress or any other property rights or interests of any Idind over Grantor's adjoining
property not within the Subject Easement Area. Prior to installation of any improvements in the Subject
Easement Area, Grantee shall consult with Grantor, and no such improvements shall affect views of or
access to the City's boardwalk from Grantor's adjoining property, 'Without Grantor's prior written conseni.
This Easement shall run with the land in favor of the Grantee, its successors and assigns, and Grantor shall
not subject the Subject Easement Area to any encumbrances except for the improvements described here.
This Easement shall be perpetual and not be amended', modified or revoked without the express written
consent of the parties.
Notwithstanding such grant, in the event that Grantor, its successors or assigns and their tenants so
request, in its or their discretion, that the Grantee remove that certain specific sidewalk labeled "Parking Lot
Sidewalk!' on attached Exhibit A, Grantee shall remove same promptly at Grantee's expense, subject to
restoration obligations contained in this Easement Agreement.
The Grantee hereby agrees to protect, indemnif�4 defend and hold harmless the Grantor, its successors
and assigns and their tenants, from and against any costs, expenses, damages, suits or claims (including
reasonable attorney's fees and expenses) against the Grantor and/or its tenants, successors and assigns and
resulting fi6in Grantee's of the public's activities upon the Subject Ea s-ement Are .1 a.
Grantee shall promptly restore and reconstruct improvements placed by Grantee in the Subject
Easement Area or resulting from. casualty affecting the Subject Easement Area from whatever source including
weather, or activities of Grantee or the public. Grantee shalt maintain such improvements in good appearance
and working order, and shall ensure landscaping within the Subject Easement Area is maintained regularly as
appropriate with the seasons -and casualty events, including without limitation flooding and weather events.
Following any reconstruction or maintenance work within the Subject Easement Area and any adjoining
property and improvements of Grantor affected by such restoration, reconstruction or maintenance work,
Grantee shall restore the Subject Easement Area to substantially the 'same condition as it was I at the
commencement of the work, provided however', Grantee shall not be required to remove the permanent public
improvements made on Subject Easement Area by the Grantee.
Grantee shall at all times carry comprehensive general liability insurance with minimum coverage of
$1,000,000.00, combined single limit, and cause a certificate of insurance to be delivered to Grantor, upon
written request.
Grantor covenants with Grantee that Grantor is the lawful fee simple owner of the real property
-underlying such casement and that it has the right and authority to make this grant.
DATED: January c2%'17 2014
GRANTOR: Chicago Title Land Trust Company
as Successor Trustee to Harris Trust and Savings Bank,
as Trustee of a Trust Agreement dated 5/2/90 and
Known as Trust 94734 a
,ON -
By. A
Print'name' Ild.9 A
Subscribed and me this
- Day of January, 2014.
Notary Public
GRANTEE ACCEPTANCE:
By: L 5,n� z - �4,
Susan E. Low, City of McHenry
Its: Mayor
Subscribed and sworii to me this
Day of January, 2014
I--
of,-I-ICIAL SEAL"
Marcia M. Geraghty
NotarY'Pubhc, Slate 01 111inOIS
Ission Expires 05126 2014
my GOMM
2
EXCULPATORY CLAUSE FOR CHICAGO TITLE LAND TRUST COMPANY AS
SUCCESSOR TRUSTEE TO HARRIS TRUST AND SAVINGS BANK AS TRUSTEE
U/T/A DATED MAY 2, 1990, AND KNOWN AS TRUST NUMBER 94734, WHICH IS
ATT,iCHED TO AND MADE A PART OF TIIAT EASEMENT AGREEMENT WITH
CITY OF McHENRY DATED JANUARY 27,2014.
It is expressly understood and ag'reed by and between the parties hereto, anything to the contrary
notwithstanding, that each and all of the warranties, indemnities, representations, covenants, undertakings
and agreements herein made on the -part 6fthe- Trustee while in form purporting to be the'warranties,
indemnities, representations, covenants, undertakings and agreements of said Trustee are nevertheless each
and every one of them, made and intended not as personal warranties, indemnities, representations,
covenants, undertakings and agreements by the Trustee or for the purpose or with the intention of binding
said Trustee personallybut are made and intended for the purpose of binding only that portion of the trust
property specifically described herein, and this instrument is executed and delivered by said Trustee not in
its own right, but solely in the exercise of the powers conferred upon it as such Trustee; and that no
personal liability or personal responsibility is assumed by nor shall at any time be asserted or enforceable
against CHICAGO TITLE LAND TRUST COMPANY, on account of this instrument or on account of any
warranty, indemnity, representation, covenant or agreement of the said Trustee in this instrument contained,
either expressed or implied, all such personal liability, if any, being expressly waived and released.
Dated: January 24, 2014
CHICAGO TITLE LAND TRUST COMPANY IN 6
as Truste Z5f r aid "andnol ersonally CORPORA -IT
By: SEAM
Trust Officer
State of Illinois
County of Cook SS.
1, the undersigned, a Notary Public in and for the County and State aforesaid, do hereby certify that the
above named Linda Lee Lutz, Assistant Vice President/Trust Officer of CHICAGO TITLE LAND
TRUST COMPANY, personally known to me to be the same person whose name is subscribed to the
foregoing instrument as such Assistant Vice President/Trust Officer, appeared before me this day in,
person and acknowledged that she signed and delivered the said instrument as her own free and voluntary
act and as the free and voluntary act of the Companyfor the uses and purposes therein set forth, and the
said Trust Officer caused the corporate seal of said Company to be affixed to said instrument as her own
free and voluntary act and as the free and voluntary act of -said Company for the uses and purposes therein
set forth.
Given under my band and Notarial Seal this Januaty24,2014.
"OFFICIAL SEAL"
EILEEN F. NEARY
Natzary P015110, State of Illinois
Notary Public My Olormnimeion ap ima 1113 0/2015
Rrjard-,Aia!1k UiCi ents Easerneni — Leg-e-11 D.escriptlort
Part of Lots I to 9 in Block 2 if) Venice Park Addition to McHenry, Unit No. 1, bplrfq a zsubdivision of part
of the Southeast Quarter and p:art of the Nor-theast Quarter of Se0ion 35, Township 45 North, Ra-inge �i
East of the'rhird Principal Meridi-an, accordingto the Plat th�reof recorded February 25, 1941 as
Ddcufrrie4ft No. 15292% irl Book 7 of Plats, Page 6% described as follows: Cornmencing, at the Southwest
Corner of Loli 2-1 if) Riverwalk Place Sutielivision according to the Plat thert-of vecOrded August 21, 21,03
as Docurnerat Nuy-nbr�r 2003110114797; thence North 18 degrees 31 minutes 59 seconds Fast (bearings
based upon the fflincils,'State Plane CoordlInatp Systern — East Zone PJAM033) along the west line of said Lot
21, 206.27 feet to the point of beginning; thence North 74 degrees 59 minutes: 3a seconds west, a
distance of 27.24--feet; thence North 43 degrees 22 rninutes. 19 seconds'West, a distance of 6.69 feet;
thence North 70 degrees 47 minutes 31 seconds West, a distance of 81.96 feet; thence North 72
degrees 23 minutes 17 seconds West, a distancia of 124.31 feet; thence, North 32degrees 09 Tninutes 22
seconds WPM, a distance of �3.70 feet; thence� North 56 degre-e5 3-5 minutes 34 secconds West, a
distance of 26,33; thence North 14 degrees 0?- minutes 54 se�onds West; a dist@n�p of 1.6.40 feet;
thence Noriti 55 degrees 41 milnutes 41 seconc,"Is West, a distance of 16.115 feiet; thence N-c-orth 67
degrees 29 M.VlUtes 56 seronds West. a distance of 4835 feet; thence, North 71 degrees 32 minutes 43
seconds West, a distance of 76.79 feet: thence South 19 degrees, 02 ni �Mutes 54 seconds West, a
-- distance of 4.76 feet; thence Nofth 71 degrees B minutes 16 seconds West, 169,78 feet to the easterly
fine of a parcel of land describec] in Deed in Trust per Document No. 634188; thence North 19 degrees
12 minutes 04 seconds East alonp said easterly line, 3.11 feet to thesoutherly fine of a parce) of land
described in Trustee;s Deed per Do, rument No. 2006ROO93356; thence South 75 degrees 154riniputes 22
seconds East along said southerly line, 1'�9.73 feet: thenp South 14 degrees 05 minutes 38 seconds
We�t illona. said southerly line, -5-00 feet; thence- South 75 degrees 54 minutees 22 seconds Fast along,
said southerly fine, 40.00 fe;�t; thence North 14 degrees 05 mdRutes 38 seconds E�st along said southerly
line, 5.00 feet.: thence South 67 degrees, 16 minutes 55 seconds East ?long said sootherly line, 124,87
fee t, thence South .55 degrees 42 minutes 31 seconds East along said soptherly fine, 75,34 feet: thenre
South -34 degrees 17 rninkites 29 seconds WPs-'K along said southerly line, 5.00 feet; thence South 55
seconds 42 minute53I seconds East.-flong said southerly line, 40.00 feet; thence North 34 degrees 17
rnl,nutes 29 seconds Cast along said swAtherly line, 5.00 feet.- thetice South 63 degrees 47 rninutes 25
seconds Egst a!ongsald south�rly line, 76.01 feet; thence South 74 degrees 27 minutes 54 seconds East
along said southerly line, 130-03 feet to the west line of said Lot 21; thence South 19 degrees -dI rolinutes
5P,.seconds West;Oong said west line, 17.86 fee-1 to, the point of tegirthing in McHenry CoNrAy, Illinois-
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CLq of MeHenry and David B. Miller
Temporary Constiuction Basement Agreem
This Temporary Boudw
Wk Construction Easement Agreement ("Agreement' ) is entered
into this day'of Seoetitf��, 2013, by and between the following parties: The City of
McHenry ("City”) and David B. Miller C'Property Owner").
Recitals
The Property Owner represents to the City that they are the sole owners of record of an
improved parcel of real estate fronting along the Fox River, as legally described in Exhibit A
hereto O'Subject Property"). Pursuant to the terms of a separate but related Cross Access
Easement Agreement signed by the parties hereto, the City intends to construct a public walkway
and related improvements ("Boardwalk") across the entire frontage of the Subject Property
facing the Fox River as depicted in Exhibit B. To do so, the city wishes to acquire from the
Property Owner, a temporary construction easement in and upon a portion of the Subject
Property.
NOW THEREFORE, in consideration of the promises, covenants and agreements set
forth herein, the adequacy and sufficiency of which is acknowledged by all parties hereto, it is
agreed as follows:
1. The Property Owner here -by grants, convey and transfer to the City, its
contractors, consultants and employees, a temporary construction easement over and across that
area of the Subject Property as described and depicted in Exhibit B as Proposed Temporary
Construction Easement ("Temporary Construction Easement") to construct the Boardwalk and
related Boardwalk Improvements only between December I and April 1. The Temporary
Construction Easement shall run for one (1) year commencing from the date that the City -notifies
the Property Owner in writing that construction of the Boardwalk shall- begin. The purpose of
this Temporary Construction Easement is to allow the City access to the Boardwalk Easement
and to store machinery and materials for the purpose of constructing the Boardwalk and related
Boardwalk Improvements.
2. The City hereby indemnifics and agrees to defend the Property Owner with regard
to any damage, loss or liability, including all claims of personal injuries to any persons including
death, related to construction, maintenance or use of the Temporary Construction Easement by a
contractor of the City, City employees, and members of the general public or otherwise. At all
times the City shall secure this obligation by insuring the Temporary Construction Easement for
liability under its general liability insurance policy which the City shall maintain in effect.
Evidence of this insurance coverage shall'be made available to the Property Owner by the City
Wm request: ofthe Property Owner.
3. The City hereby indemnifies and agrees to defend the Property Owner with regard
to any associated costs of construction of the Boardwalk and related Boardwalk Improvements
and fiAure maintenance costs relate thereto by the City, including mechanic liens asserted against
the Subject Property and any attorney's fees reasonably incurred by the Property Owner in
defending any such claims.
4. The terms of this Agreement and all easements granted hereunder shall constitute
covenants running with the land and shall inure to the benefit and be binding upon the successors
and assigns of the parties h6reto.
5. This Agreement may be amended only by a written agreement signed by all the
parties hereto-.-
6. This Agreement may be executed in several counterparts, each of which shall be
deemed an original,
IN WITNESS 'QQ- �n ed this Agreement to be signed by the
it rf
SEAL
duly authorized repres esmi Sgffffence ove.
g_ffence
NOTARY PUBLIC, STATE OF ILLINOIS
M Commission Expires 08/26/2014
Property Owner: Subscribed and Sv�, J
J� fore me
David B. Miller
City:
By_
usan E. Low, its Mayor
Z.XMWcHenUCityoARiverwalk\Temp]3oardwalkCotisttEagementAgmt.MiUcr.doo
this day of-9 -'r-;-2013
Notary Public
Subscribed and Sw e
.�o t �oe
this 17 day of- 2013
-01-
Marc13 tA Geraghty
p_n
, S-ate Of ffllnOls
NOWY ,,)512620,4
my CO
2
ENMIT A to
Miller Temporary Construction Easement Agreement
. (Subject Property)
That part of Block 27 of the Original Plat of McHenry, Illinois lying West of the Fox River,
described as follows: Sub -Lot I of Lot 2 of the County Clerk's Plat of said Block 27; ALSO Lot
3 of the Original Plat of said Block 27 (EXCEPT the Northerly 60 feet in width of the Westerly
166 feet thereof) ALSO the Northerly'12 feet in width of Lot 4 of the Original Plat of said Block
27; all of the above described property in Section 26, Township 45 North, Range 8 East of the
Third Principal Meridian, in McHenry County, Illinois
EXBIBIT R to
Miller Temporary Construction Easement Agreement
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(continued) to
T4iUer Temporary Construction Easement Agreement
(Temporary Construction Easement Legal) '
A strip of land for easement purposes being part of Lots 2, 3 and 4 of Block 27 of the Original
Plat of McHenry, according to the Plat thereof recorded in Book "B" of Deeds, Page 60, being a
part of the southeast Quarter of Section 26, Township 45 North, Range 8 East of the Third
Principal Meridian, in McHenry County, Illinois, described as follows:
Commencing at the most westerly point of the northerly 12 feet of said Lot 4, also being the
southwesterly comer of a parcel of land described in document number 902207; thence South 67
degrees 22 minutes 23 seconds East (bearings based on Illinois State Plane Coordinates East
Zone NAD1983) along the southerly line of said northerly 12 feet, a distance of 402.68 feet to
the Point of Beginning; thence North 05 degrees 39 minutes 10 seconds West, a distance of
64.22 feet; thence South 83 degrees 39 minutes 24 seconds West, a distance of 43.08 feet, thence
North 06 degrees 24 minutes 18 seconds West a distance of 34.97 feet; thence North 84 degrees
59 minutes 49 seconds East, a distance of 53.54 feet more or less to the westerly edge of water of
the Fox River; thence North 05 degrees 39 minutes 10 seconds West along said westerly edge of
water, a distance of 1.70 feet to south edge of building face; thence South 84 degrees 36 minutes
53 seconds West along said south building face, a distance of 3 5.04 feet to the southwest comer
of the building; thence North 14 degrees 44 minutes 30 seconds East, along the westerly edge of
building, a distance of 9.07 feet; thence South 84 degrees 59 minutes 49 seconds West, a
distance of 31.79 feet; thence South 06 degrees 24 minutes 18 seconds East, a distance of 55.21
feet; thence North 83 degrees 39 minutes 24 seconds East, a distance of 42.95 feet; thence South
05 degrees 39 minutes 10 seconds East, 48.72 feet to said southerly line of the northerly 12 feet;
thence South 67 degrees 22 minutes 23 seconds East, along said southerly line, a distance of
11.36 feet more or less, to said westerly edge of water and the point of beginning, in McHenry
County, Illinois
IT
PHYLLIS K. WALTERS
MCHENRY COUNTY RECORDER
WOODSTOCK, ILLINOIS
EXHIBIT TO DOC NO: -90/3 Pno qq7.2,3..
NO OF PAGES:
NOTES (EX: EXHIBIT C & TITLE OF PLAT):
LEGAL DESCRIPTION (IF NOT WITHIN DOCUMENT):
PINNO(IFONEXHIBIT):
SEE MAP IN PLAT FILE
04113/2011
2 0 1 3 R 0 0 4 9 7 2 3 7
PHYLLIS K. WALTERS
RECORDER-MCHENRY COUNTY, IL
2013ROO49723
10/1112013 01:57PH PAGES 7
RECORDING FEE 38.00
GIS FEE 15.00
C E R T I F I C A T 1 0 N
I, Marcia M. Geraghty, Executive Assistant in and for the City
of McHenry, Illinois, do hereby certify that the attached document is
a true and correct copy of a Temporary Construction Easement Agreement
between the City of McHenry and David B. Miller, entered into on the
4thday of October, 2013.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
corporate seal of the City of McHenry,
-.2
4, q,
Illinois this 10th day of
ve Assistant
Marcia M. Geraghty,
City of McHenry, I'llf
ois
Prepared by, and after recording, mail to:
City of McHenry
McHenry Municipal Center
(7"
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2100
6z) 14 9 000 0� 5:� q
City of McHenry and David B. Miller
Cross Access Easement Agreement
This Cross Access Easement Agreement, ("Agreement") is entered into and effective asof
this 3 Id day of October, 2013, by and between the following parties: The City of McHenry
("City") and David B. Miller ("Property Owner").
Recitals
A. The Property Owner represents to the City that they are the sole owners of record
of an improved parcel of real estate fronting along the Fox River, as legally described in Exhibit
A hereto ("Subject Property"). The City wishes to construct a public walkway and related
improvements ("Boardwall0) across the entire frontage of the Subject Property facing the Fox
River depicted and legally described in Exhibit B and designated as Proposed Cross Access
Agreement thereon ("Easement Area"). The City also wishes to obtain from the Property Owner
an easement for the Boardwalk in, over and upon that portion of the Fox River adjacent to the
-Subject Property, as depicted in -Exhibit B, and legally described in Exhibit B, to the extent -
permitted by law ("Fox River Easement Area").
B. The City wishes to acquire a permanent Boardwalk easement to construct and
perpetually maintain the Boardwalk and related improvements across the Easement Area and the
Fox River Easement Area for general public pedestrian access to provide the general public with
a Fox River amenity.
C. The purpose of the Property Owner needing to reserve cross access across such a
Boardwalk easement is to continue without interruption their existing and future riparian rights
relative to the Fox River and access to and from the Subject Property.
D. The parties desire to share access to the Fox River in accordance with the terms of
this Agreement.
NOW THEREFORE, in consideration of the promises, covenants and agreements set
forth herein, the adequacy and sufficiency of which is acknowledged by all parties hereto, it is
agreed as follows:
I . The parties agree that the recitals set forth above, including any representations
contained therein, are hereby incorporated into this Agreement by this reference.
2. Subject to reserved cross access riparian rights referenced in section 2 below, the
Property Owner hereby grants and conveys to the City. a permanent easement to construct, re-
R
construct and maintain. an eight (8) foot wide (approximate) pedestrian boardwalk in, over and
upon the Easement Area and, to the extent permitted by law, the Fox River Easement Area
("Boardwalk Easemenf') with related improvements in accordance with the final engineering
plan and documents approved by the City and the Property Owner for use by the general public
as a City of McHenry fox waterway riverwalk amenity ("Boardwalk Improvements"). The
Property Owner covenants to the City that he will place no improvements, structures, objects or
other items in or upon the Boardwalk Easement or engage in any activity or obstruction which is
inconsistent or interferes with the purpose of the Boardwalk Easement. The parties agree that
safety features installed by the Property Owner which temporarily prevent pedestrians from
crossing the boat launch on the Subject Property when the Property Owner or his invitees to
service, launch or receive boats from the boat launch on the Subject Property shall not be a
violation of this provision.
3. Nothing herein shall be construed to interfere with any of the Property Owner's
riparian rights relative to the Fox River.
4. The Property Owner represents to the City that there are no mortgages affecting
the Subject Property.
5. The parties agree that the City shall pay all costs of demolishing existing
improvements in the Boardwalk Easement and connecting the Boardwalk to those docks adjacent
to the Subject Property in accordance with the final engineering plan and documents approved by
the City and the Property Owner.
6. The City hereby indernnifies and agrees to defend the Property Owner with regard
to any damage, loss or liability, including all claims of personal injuries to any persons including
death, related to construction, maintenance or use of the Boardwalk Easement by a contractor of
the City; City employees, and members of the general public or otherwise. At all times the City
shall secure this obligation by insuring the Boardwalk Easement for liability under its general
liability insurance policy which the City shall mamitain in effect. Evidence of this insurance
coverage shall be made available to the Property Owner by the City upon request of the Property
Owner.
7. The City hereby indemnifies and agrees to defend the Property Owner with regard
to any associated costs of construction of the Boardwalk Improvements and future maintenance
2
costs related thereto by the City, including mechanic liens asserted against the Subject Property
and any attorney's fees reasonably incurred by the Property Owner in defending any such claims.
8., The City hereby agrees to repair and at all times maintain in good condition the
Boardwalk Improvements.
9. The terms of this Agreement and all easements granted hereunder shall constitute
covenants running with the land and shall inure to the benefit and be binding upon the successors
and assigns of the parties hereto.
10. This Agreement may be amended only by a written agreement signed by all the
parties hereto.
11. This Agreement may be executed in several counterparts, each of which shall be
deemed an original.
12. Property Owner reserves authority to close the Boardwalk for access to its
buildings, boat launch and equipment as needed without penalties to the Property Owner and the
Property Owner is not required to provide a detour of pedestrian traffic.
13. The City shall cover payment of all attorney fees and attorney costs incurred by
the Property Owner in connection with this Easement Agreement.
IN WITNESS W-BEREOF, the parties have caused this Agreement to be signed
by the duly authori e _s 11 K d e referenced above.
ALICE R. UIOSSER
NOTIARYPUBUC,S O'EOFILUMOIS
Property Owner: CommissimExpires08012014, Subscribed and Swornto before me,,
� .- .- I Z-4,- l-, !�;- Q� I L/
David B. Miller
City:
By-L, ��111_
Ausan E. Low, its Mayor
Z:\MWcHemyCityof\Riverwalk\CrossAccessAgint.Miller.doe
Lms dayof 1�_,2013
A
Notary Public
Subscribed and Swofn to before me -
this 1,S day ofJA��, 20NJ
a.& YM, If ILm L-&-i , —
Notary Public� r
"OFFICIAL -SEAL"'
MArcia K Geraghty
'Pu t�
L'NNotaryPubiic, Sia�e of Illinois
My cornmissio:%ES.pires 05/26/, 01
2 4
EXIMBIT A to
Miller Cross Access Easement Agreement
(Subject Property)
That part of Block 27 of the Original Plat of McHenry, Illinois lying West of the Fox River,
described as follows: Sub -Lot 1 of Lot 2 of the County Clerk's Plat of said Block 27; ALSO Lot
3 of the Original Plat of said Block 27 (EXCEPT the Northerly 60 feet in width of the Westerly
166 feet thereof) ALSO the Northerly 12 feet in width of Lot 4 of the Original Plat of said Block
27; all of the above described property in Section 26, Township 45 North, Range 8 East of the
Third Principal Meridian, in McHenry County, Illinois.
EXIHBIT B to
Miller Cross Access Easement Agreement
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EXHIBIT B
(continued) to
Miller Cross Access Easement Agreement
(Cross Access Easement Legal Description)
A strip of land for easement purposes being part of Lots 2, 3, and 4 of Block 27 of the Original
Plat of McHenry, according to the Plat thereof recorded in Book "B" of Deeds, Page 60, being a
part of the Southeast Quarter of Section 26, Township 45 North, Range 8 East of the Third
Principal Meridian, in McHenry County, Illinois, described as follows:
Commencing at the most westerly point of the northerly 12 feet of said Lot 4, also being the
southwesterly comer of a parcel of land described in document number 902207; thence South 67
degrees 22 minutes 23 seconds East (bearings based on Illinois State Plane Coordinates East
Zone NADI 983) along the southerly line of said northerly 12 feet, a distance of 414.00 feet more
or less to the westerly edge of water of the Fox River and to the Point of Beginning; thence
North 05 degrees 3 9 minutes 10 seconds West along said westerly edge of water, a distance of
79.72 feet; thence South 83 degrees 39 minutes 24 seconds West, a distance of 34.74 feet; thence
North 05 degrees 00 minutes 26 seconds West, a distance of 14.53 feet; thence North 84 degrees
59 minutes 49 seconds East, a distance of 34.60 feet more or less to said westerly edge of water;
thence North 05 degrees 39 minutes 10 seconds West along said westerly edge of water, a
distance of 10.00 feet; thence South 84 degrees 59 minutes 49 seconds West, a distance of 44.46
feet; thence South 05 degrees 00 minutes 26 seconds East, a distance of 34.77 feet; thence North
83 degrees 39 minutes 24 seconds East, a distance of 34.85 feet; thence South 05 degrees 39
minutes 10 seconds East, 64.22 feet to said southerly line of the northerly 12 feet; thence South
67 degrees 22 minutes 23 seconds East along said southerly line a distance of 11.3 0 feet more or
less to said westerly edge of water, and the point of beginning, in 'McHenry County, Illinois.
(Fox River Easement Area Legal Description)
5-foot strip lying within Fox River — State of Illinois (lying easterly and adjoining Miller)
A strip of land being part of the Fox River — State of Illinois lying easterly of and adjoining Lots
2 and 3 of Block 27 of the Original Plat of McHenry, according to the Plat thereof recorded in
Book "B" of Deeds, Page 60, being a part of the Southeast Quarter of Section 26, Township 45
North, Range 8 East of the Third Principal Meridian, in McHenry County, Illinois, described as
follows:
Commencing at the most westerly point of the northerly 12 feet of Lot 4 of said Block 27, also
being the southwesterly comer of a parcel of land described in document number 902207; thence
South 67 degrees 22 minutes 23 seconds East (bearings based on Illinois State Plane Coordinates
East Zone NADI 983) along the southerly line of said northerly 12 feet, a distance of 414.00 feet
more or less to the westerly edge of water of the Fox River; thence North 05 degrees 39 minutes
10 seconds West along said westerly edge of water, a distance of 93.44 feet to the point of
beginning; thence continuing North 05 degrees 3 9 minutes 10 seconds West along said westerly
edge of water, a distance of 68.73 feet to the northeast comer of said Lot 1; thence North 84
degrees 20 minutes 50 seconds East, a distance of 5.00 feet; thence South 05 degrees 39 minutes
10 seconds East, a distance of 68.73 feet; thence South 84 degrees 20 minutes 50 seconds West,
a distance of 5.00 feet to the point of beginning in McHenry County, Illinois.
12 0 11 4 R 0 0 0 2 5 3 8 7
LvIcHenr 7
D
C E R T I F I C A T 1 0 N
PHYLLIS K. WALTERS
RECORDER-MCHENRY COUNTY, IL
2014R0002538
01/23/2014 01:11PH PAGES 7
RECORDING FEE 28.00
GIS FEE 15.06
I, Marcia M. Geraghty, Executive Assistant in and for the City
of McHenry, Illinois, do hereby certify that the attached document is
a true and correct copy of a Cross Access Easement Agreement between
the City of McHenry and. David B. Miller, entered into on the 3rd day
of October, 2013. This document replaces the Cross Access Easement
Agreement recorded on October 11, 2013, as Document number
2013ROO49722.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
corporate seal of
Jahuary,,,-'201.4.
-0
the City of McHenry, Illinois this 22nd day of
/'1, 6 ) (I t k JjA- "a I b j
Marcia M. Geraghty, E:fBcu fve Assistant
City of McHenry, Illinois
Prepared by, and after recording, mail to:
City of McHenry
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2100
c:;9013RC00_7_2�
City of McHenry and Robert E. and Sandra J. Novak
Temporary Construction Easement Agreement
This Temporary Boardwalk Construction Easement Agreement ("Agreement") is entered
into this �_O day of September, 2013, by and between the following parties: The City of
McHenry ("City") and Robert E. and Sandra J. Novak ("Property Owners").
Recitals
The Property Owners represent to the City that they are the sole owners of record of an
improved parcel of real estate fronting along the Fox River, as legally described in Exhibit A
hereto ("Subject Property"). Pursuant to the terms of a separate but -related Cross Access
Easement Agreement signed by the parties hereto, the City intends to construct a public walkway
and related improvements ("Boardwalk7) across the entire frontage of the Subject Property
facing the Fox River and Illinois Route 120 as depicted in Exhibit B. To do so, the City wishes
to acquire from the Property Owners, a temporary construction easement in and upon a portion
of the Subject Property.
NOW THEREFORE, in consideration of the promises, covenants and agreements set
forth herein, the adequacy and sufficiency of which is acknowledged by all parties hereto, it is
agreed as follows:
1 . The Property Owners hereby grant, convey and transfer to the City, its
contractors, consultants and employees, a temporary construction easement over and across that
area of the Subject Property as described and depicted in Exhibit B as Proposed Temporary
Construction Easement ("Temporary Construction Easement") to construct the Boardwalk and
related Boardwalk Improvements only between December 1 and April 1. The Temporary
Construction Easement shall run for one (1) year commencing from the date that the City notifies
the Property Owners in writing that construction of the Boardwalk shall begin. The purpose of
this Temporary Construction Easement is to allow the City access to the Boardwalk Easement
and to store machinery and materials for the purpose of constructing the Boardwalk and related
Boardwalk Improvements.
2. The City hereby indemnifies and agrees to defend the Property Owners with
regard to any damage, loss or liability, including all claims of personal injuries to any persons
including death, related to construction, maintenance or use of the Temporary Construction
Easement by a contractor of the City, City employees, and members of the general public or
otherwise. At all times the City shall secure this obligation by insuring the Temporary
Construction Easement for liability -under its general liability insurance policy� which the City
shall maintain in effect. Evidence of this insurance coverage shall be made,available to the
Property Owners by the City upon request of the Property Owners.
3. The City hereby indemnifies and agrees to defend the Property Owners with
regard to any associated costs of construction of the Boardwalk and related Boardwalk
Improvements and future maintenance costs relate thereto by the City, including mechanic liens
asserted against the Subject Property and any attorney's fees reasonably incurred by the Property
Owners in defending any such claims.
4. The terms of this Agreement and all easements granted hereunder shall constitute
covenants running with the land and shall inure to the benefit and be binding upon the successors
and assigns of the parties hereto.
5. This Agreement may be amended only by a written agreement signed by all the
parties hereto.
6. This Agreement may be executed in several counterparts, each of which shall be
deemed an original.
IN WITNESS WHEREOF, the parties have caused this VgtQff11CL4da SVAM'by
duly authorized representatives as of the date referenced above. Lynn Martenson
Notary Public, state of Illinois
My.Cornmission Expires 05/27=1 7
Proper,ty jOrs: Subs cribed and Sworn to before me
b
this day of Se t er, 2013
Robert E. Novak y
Sandra J. NoAk
City:
, 41
B
./�Susan E. Low, its Mayor
Z:\M\McHenryCityof\Riverwalk\TempBoardwalkConstrEasementAgmt.Novak.doo
2
Subscribed and Sworn to before me
this Q-3 day of Sept ber, 2013
Notary Public
Subscribed and Sworn to before me
this c3 D day of September, 2013
Notary Public
"OFFICIAL SEAL"
Marcia M. Geraghty
Notary- Public, State of Illinois
My Commission Expires 05/26/2014
EXHIBIT A to
Novak Temporary Construction Easement Agreement
(Subject Property)
SubLot 1 and the Easterly 32 feet of SubLot 2 of Lot I in County Clerk's Plat of Block 27 of the
Original Plat of the Village (now city) of McHenry on the West side of the Fox River, in part of
the Southeast Fractional Quarter of Section 26, Township 45, Range 8 East of the Third Principal
Meridian, in McHenry County, Illinois.
ALSO
SubLot 2 (excepting the Easterly 32 feet) of Lot I in County Clerk's Plat of Block 27 of Original
Plat of the Village (now city) of McHenry on the West side of the Fox River, in part of the
Southeast Fractional Quarter of Section 26, Township 45, Range 8 East of the Third Principal
Meridian, in McHenry County, Illinois.
EXMBIT B to
Novak Temporary 4�onstruction Easement Agreement
EXHIBIT B
(continued) to
Novak Temporary Construction Easement Agreement
(Temporary Construction Easement Legal)
A strip of land for easement purposes being part of Sub -Lot 1 and Sub -Lot 2 of Lot 1 in County
Clerk's Plat of Block 27 of the Plat of McHenry, West of the Fox River, according to the Plat
thereof recorded May 6, 1902 as Document Number 14087, in Book 1 2 of Plats, Page 40 being a
part of the Southeast Quarter of Section 26, Township 45 North, Range 8 East of the Third
Principal Meridian, in McHenry County, Illinois, described as follows:
Commencing at the most westerly comer of said Sub -Lot 2 of Lot 1, also being the most
westerly comer of a parcel of land described in Document Number 576221; thence South 67
degrees 10 minutes 22 seconds East (bearings based on Illinois State Plane Coordinates East
Zone NAD1983) along the southerly line of said Lot 1, a distance of 253.07 feet to the Point of
Beginning; thence North 05 degrees 38 minutes 06 seconds West, a distance of 63.70 feet;
thence North 67 degrees 10 minutes 22 seconds West, a distance of 98.16 feet; thence South 24
degrees 06 minutes 57 seconds West, a distance of 1.34 feet; thence South 65 degrees 53 minutes
03 seconds East, a distance of 10.20 feet; thence South 23 degrees 03 minutes 00 seconds West,
a distance of 8.43 feet; thence South 67 degrees 10 minutes 22 seconds East, a distance of 82.07
feet; thence South 05 degrees 38 minutes 06 seconds East, 52.32 feet to said southerly line of Lot
1; thence South 67 degrees 10 minutes 22 seconds East along said southerly line, a distance of
11.37 feet to the point of beginning, in McHenry County, Illinois.
EXHIBIT 1
PHYLLIS K- WALTERS
mcnENRY COUNTY RECORDER
WOODSTOCK, ILLINOIS
EXHIBIT TO DOC NO: c9o)
NO OF PAGES:
NOTES (EX: EXHIBIT C & TITLE OF PLAT): L--,
!Y209 ie�Rr MOIL
LEGAL DESCRIPTION (IF NOT WITHIN DOC'UMENT):
ol - 20 *-/7
oq-.26 *V- 002-
PIN NO (IF ON EXHIBIT): X-2( � -4V- 025
SEE MAP IN PLAT FILE
04/13/2011
k-V
2 0 1 3 R 0 0 4 9 7 2 5 7
PHYLLTS K. WALTERS
RECORDER-MCHENRY COUNTY, IL
2013ROO49725
10/11/2013 01:57PP, PPIGES 7
RECORDING FEE 388.00
GIS FEE 15.00
C E R T I F I C A T 1 0 N
I, Marcia M. Geraghty, Executive Assistant in and for the City
of McHenry, Illinois, do hereby certify that the attached document is
a true and correct copy of a Temporary Construction Easement Agreement
between the City of McHenry and Robert E. and Sandra J. Novak, entered
into on the 30th -day of September, 2013.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
co��' of the City of McHenry, Illinois this 10th day of
, .20.n�.
(,S - -----
Marcia M. Geraghty l' E�e_cu �&ve Assistant
City of McHenry, I linois
Prepared by, and after recording, mail to:
City of McHenry
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050 ®r,
Phone: (815) 363-2100
City of McHenry and Robert E. and Sandra J. Novak
Cross Access Easement Aareement
Tins Cross Access Easement Agreement ("Agreement") is entered into this 8()
day of September, 2013, by and between the following parties: The City of McHenry ("City")
and Robert E. and Sandra J. Novak ("Property Owners")
Recitals
A. The Property Owners represent to the City that they are the sole owners of record
of an improved parcel of real estate fronting along the Fox River, as legally described in Exhibit
A hereto ("Subject Property"). The City wishes to construct a public walkway and related
improvements ("Boardwalle') across the entire frontage of the Subject Property facing the Fox
River and Illinois Route 120 as depicted and legally described in Exhibit B and designated as
Proposed Cross Access Easement thereon ("Easement Area"). The City also wishes to obtain
from the Property Owners an easement for the Boardwalk in and over and upon that portion of
the Fox River, adjacent to the Subject Property, as depicted in Exhibit B, to the extent permitted
by law ("Fox River Easement Area7).
B. The City wishes to acquire a. permanent Boardwalk easement to construct and
perpetually maintain the Boardwalk and related improvements across the Easement Area and
Fox River Easement Area for general public pedestrian access to provide the general public with
a Fox River amenity.
C. The purpose of the Property Owners needing to reserve cross access across such a
Boardwalk easement is to continue without interruption their existing riparian rights relative to
the Fox River and access to and from the Subject Property.
D. The parties desire to share access to the Fox River and Route 120 in accordance
with the terms of this Agreement.
NOW THEREFORE, in consideration of the promises, covenants and agreements set
forth herein, the adequacy and sufficiency of which is acknowledged by all parties hereto, it is
agreed as follows:
1 . The parties agree that the recitals set forth above, including any representations
contained therein, are hereby incorporated into this Agreement by this reference.
2. Subject to reserved cross access riparian rights and access to Route 120
referenced in section 2 below, the Property Owners hereby grant and convey to the City a
permanent easement to construct, re -construct and maintain an eight (8) foot wide (approximate)
pedestrian boardwalk in,'over and upon the Easement Area and, to the extent permitted by law,
the Fox River Easement, Area ("Boardwalk Easemenf ') along with related improvements in
accordance with the final engineering plan and documents approved by the City and the Property
Owners for use by the general public as a City of McHenry fox waterway river walk amenity
("Boardwalk Improvements"). The Property Owners covenant to the City that they will place no
improvements, structures, objects or other items in or upon the Boardwalk Easement or engage
in any activity or obstruction which is inconsistent or interferes with the purpose of the
Boardwalk Easement.
3. Nothing herein shall be construed to interfere with any of the Property Owners'
riparian rights relative to the Fox River and any existing access to Illinois Route 120.
4. The Property Owners represent to the City that there is no mortgage or other lien
affecting the Subject Property other than 2012 property taxes for the Subject Property which
have not been paid as of today's date.
5. The City shall pay all costs of constructing the Boardwalk Improvements across
the Boardwalk Easement in accordance with the final engineering plan and documents approved
by the City and the Property Owners.
6. The City hereby indemnifies and agrees to defend the Property Owners with
regard to any damage, loss or liability, including all claims of personal injuries to any persons
including death, related to construction, maintenance or use of the Boardwalk Easement by a
contractor of the City, City em&yees, and members of the general public or otherwise. At all
times the City shall secure this obligation by insuring the B oardwalk Easement for liability under
its general liability insurance policy which the City shall maintain in effect. Evidence of this
insurance coverage shall be made available to the Property Owners by the City upon request of
the Property Owners.
7. The City hereby indemnifies and agrees to defend the Property Owners with
regard to any associated costs of construction of the Boardwalk Improvements and future
maintenance costs related thereto by the City, including mechanic liens asserted against the
Subject Property and any attorney's fees reasonably incurred by the Property Owners in
defending any such claims.
2
8. The City hereby agrees to repair and at all times maintain in good condition the
Boardwalk Improvements.
9. The terms of this Agreement and all easements granted hereunder shall constitute
covenants running with the land and shall inure to the benefit and be binding upon the successors
and assigns of the parties hereto.
10. This Agreement may be amended only by a written agreement signed by all the
parties hereto.
11. This Agreement may be executed in several counterparts, each of which shall be
deemed an original.
IN WITNESS WHEREOF, the parties have caused this -boy
,fr t
duly authorized representatives as of the date referenced above. Lynn MartenWh
Notary Public, StatS ofilrinois
my commission ExOn 05012017
Property O"prs: Subser me
this,2?:3 day of September, 2013
Robert E. Nov�k_ '//9�tary P'i%li_c'
Sandra J. Nov&
City:
By_
/9�san E. Low, its Mayor
Z:VvDMcHenryCityof\Riverwalk\CrossAccessAgmt,Novak.doe
Subscribed and Sworn to before me
this c;2-
day of September, 2013
140tar'y Public
Subscribed and Sworn to before me
this (R 0 day of September, 2013
M ",.f
Notary Public
0 FF1 C I A L, S�'�EV A L
Marcia M. Geraghty
Notary Public, State of Illinois
MY Commission Expires 05/26/2J014
3
EXIMBIT A to
Novak Cross Access Easement Agreement
(Subject Property)
Sub -Lot 1 and the Easterly 32 feet of Sub -Lot 2 of Lot I in County Clerk's Plat of Block 27 of
the Original Plat of the Village (now city) of McHenry on the West side of the Fox River, in part
of the Southeast Fractional Quarter of Section 26, Township 45, Range 8 East of the Third
Principal Meridian, in McHenry County, Illinois.
ALSO
Sub -Lot 2 (excepting the Easterly 32 feet) of Lot I in County Clerk's Plat of Block 27 of the
Original Plat of the Village (now city) of McHenry on the West side of the Fox River, in part of
the Southeast Fractional Quarter of Section 26, Township 45, Range 8 East of the Third Principal
Meridian.
EXHIBIT B to
,Novak Cross Access Easement Agreement
0:�
EXHIBIT B
(continued) to
Novak Cross Access Easement Agreement
(Cross Access Easement Legal Description)
A strip of land for easement purposes being part of Sub -Lot I and Sub -Lot 2 of Lot I in County
Clerk's Plat of Block 27 of the Plat of McHenry, West of the Fox River, according to the Plat
thereof recorded May 6, 1902 as Document Number 14087, in Book 2 of Plats, Page 40 being a
part of the Southeast Quarter of Section 26, Township 45 North, Range 8 East of the Third
Principal Meridian, in McHenry County, Illinois, described as follows:
The Easterly 15.0 feet and Northerly 10.0 feet of said Sub -Lot I and the Northerly 10.0 feet of
said Sub -Lot 2, in McHenry County, Illinois.
(Fox River Easement Area Legal Description)
5-foot strip lying within the Fox River — State of Illinois
(lying easterly and adjoining Novak)
A strip being part of the Fox River — State of Illinois lying easterly of and adjoining part of Sub -
Lot I of Lot 1 in County Clerk's Plat of Block 27 of the Plat of McHenry, West of the Fox River,
according to the Plat thereof recorded May 6, 1902 as Document Number 14087, in Book 2 of
Plats, Page 40 being a part of the Southeast Quarter of Section 26, Township 45 North, Range 8
East of the Third Principal Meridian, in McHenry County, Illinois, described as follows:
Commencing at the most westerly comer of said Sub -Lot 2 of Lot 1, also being the most
westerly comer of a parcel of land described in Document Number 576221; thence South 67
degrees 10 minutes 22 seconds East (bearings based on Illinois State Plane Coordinates East
Zone NAD1983) along the southerly line of said Lot 1, a distance of 270.17 feet to the southeast
comer of said Sub -Lot 1 and the Point of Beginning; thence North 05 degrees 39 minutes 10
seconds West along the easterly line of said Sub -Lot 1, a distance of 21.53 feet; thence North 84
degrees 41 minutes 08 seconds East, a distance of 5.00 feet; thence South 05 degrees 39 minutes
25 seconds East, a distance of 21.50 feet; thence South 84 degrees 20 minutes 35 seconds West
a distance of 5.00 feet to the point of beginning in McHenry County, Illinois
EXHIBIT
PHYLLIS K- WALTERS
MCIFIENRY COUNTY RECORDER
WOODSTOCK, ILLINOIS
EXHIBITTODOCNO:
NO OF PAGES:
NOTES (EX: EXHIBIT C & TITLE OF PLAT). &KE&V hnff�
LEGAL DESCRIPTION (IF NOT WITHIN DOCUMENT):
0q,
60 -4 - 4-V4�
PINNO(IFONEXHIBIT): 0-26� -411-03
SEE MAP IN PLAT FILE
04/13/2011
2 0 1 3 R 0 0 4 9 7 2 4 8
PHYLLIS K. WALTERS
RECORDER-MCHENRY COUNTY, IL
21013R0049724
10/11/2013 01:57PM PAGES 8
RECORDING FEE 39.OQ
GIS FEE 15.00
C E R T I F I C A T 1 0 N
1, Marcia M. Geraghty, Executive Assistant in and for the City
of McHenry, Illinois, do hereby certify that the attached document is
a true and correct copy of a Cross Access Easement Agreement between
the City of McHenry and Robert E. and Sandra J. Novak, entered into on
the 3 oth day of September, 2013.
,IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
corporate seal of
obqr,� .2013.
-t.2y,
the City of McHenry, Illinois this 10th day of
1/4101 e lb— fx� L 1110 1 4 —
Marcia M. Geraghty, Ex utiv Assistant
City of MC — inrus— I
Prepared by, and after recording, mail to:
City of McHenry
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2100