title
Approving an Amendment to the Deed of Agricultural Conservation Easement for the Evans Farm through the Kane County Farmland Protection Program
body
WHEREAS, Ordinance 01-67 Adopting and Implementing the Kane County Agricultural Conservation Easement and Farmland Protection Program was passed by the Kane County board on April 10, 2001; and
WHEREAS, Section 2 of the Evans Farm Deed of Agricultural Conservation Easement (“Statement of Purpose”) states: The primary purpose of this Easement is to protect the agricultural soils, agricultural viability, and agricultural productivity of the Property in perpetuity; and
WHEREAS, Section 6 of the Deed of Agricultural Conservation Easement (“Permission of Grantee”) states: Grantee shall grant permission or approval to Grantor only where Grantee, acting in Grantee’s sole reasonable discretion and in good faith, determines that the proposed action will not substantially diminish or impair the Conservation Values of the Property; and
WHEREAS, Section 10 of the Deed of Agricultural Conservation Easement (“Subdivision”) states: Any other attempt to divide the Property into two or more legal parcels without the permission of Grantee is prohibited; and
WHEREAS, Section 23 of the Deed of Agricultural Conservation Easement (“Amendment of Easement”) states: This Easement may be amended only with the written consent of Grantee and Grantor. Any such amendment shall be consistent with the Statement of Purpose of this Easement and be consistent with Kane County Ordinance 01-67, or any regulations promulgated pursuant to said Ordinance. Any such amendment shall be duly recorded; and
WHEREAS, the Kane County Agricultural Conservation Easement and Farmland Protection Commission met on July 29, 2025, and recommends to the Kane County Board that the Deed of Agricultural Conservation Easement for the Evans Farm be amended to allow subdivision (Exhibit A).
NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Deed of Agricultural Conservation Easement for the Evans Farm is hereby approved for amendment to allow subdivision per Exhibit A, consistent with the Statement of Purpose and requirements of Ordinance 01-67.
Passed by the Kane County Board on September 9, 2025.
____________________________ ____________________________
John A. Cunningham, MBA, JD, JD Corinne M. Pierog MA, MBA
Clerk, County Board Chairman, County Board
Kane County, Illinois Kane County, Illinois
Vote: