FIRST AMENDMENT AND RESTATEMENT OF THE PARCEL A ACCESS EASEMENT AGREEMENT BY AND BETWEEN THE COUNTY OF DUPAGE AND THE ELMHURST-CHICAGO STONE COMPANY, AND ITS SUCCESSOR IN INTEREST, 83 EAST, LLC
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WHEREAS, on February 27, 1992, pursuant to County Board Resolution No. SM-00001-92, the County of DuPage (“COUNTY”) consummated a Real Estate Purchase and Sale Agreement with the Elmhurst-Chicago Stone Company (“ECS”), wherein the COUNTY acquired certain property interests in ECS’s limestone quarry in furtherance of the COUNTY’s Flood Control and Mitigation Project; and
WHEREAS, the COUNTY therefore currently owns certain portions of the real property located at or about 400 W. 1st Street, Elmhurst, Illinois, 60126 (the “Elmhurst Quarry”) in furtherance of its Flood Control and Mitigation Project; and
WHEREAS, the intent of the Parties at the time of the COUNTY’s acquisition of said property was for the COUNTY to acquire those portions of the Elmhurst Quarry necessary to support the County’s Flood Control and Mitigation Project, while the remainder of the Elmhurst Quarry was to be retained by ECS, and by its successor in interest, 83 East, LLC (hereinafter collectively the “COMPANY”) to support its ongoing business operations; and
WHEREAS, the COUNTY previously granted a Parcel A Easement as set forth in the original Parcel A Access Easement Agreement, recorded as Document Number 92-033709 in the Office of the Recorder of Deeds of DuPage County, Illinois, which was one of several easements entered into between the Parties, ancillary to the acquisition of the Elmhurst Quarry in order to effectuate the Parties’ intent; and
WHEREAS, the Parties now wish to clarify and refine certain provisions of the Parcel A Easement, as set forth in the original Parcel A Access Easement Agreement.
NOW, THEREFORE, BE IT RESOLVED by the DuPage County Board that the recitals set forth above are incorporated herein and made a part hereof; and
BE IT FURTHER RESOLVED that the Chair of the DuPage County Board be and is hereby authorized to execute the FIRST AMENDMENT AND RESTATEMENT of the
PARCEL A ACCESS EASEMENT AGREEMENT (hereinafter the “FIRST AMENDMENT”), attached hereto as Exhibit A; and
BE IT FURTHER RESOLVED that the Clerk is hereby directed to transmit two duplicate originals of this Resolution and executed FIRST AMENDMENT to the COMPANY, by and through the Department of Stormwater Management, and to the DuPage County State’s Attorney’s Office, c/o ASA Nicholas V. Alfonso.
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Enacted and approved this 9th Day of December, 2025 at Wheaton, Illinois.
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DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK