A. Temporary Closure And Lease:
1. A portion of Kane County Road K3900, as described below and as further shown on exhibit A on file in the County, is temporarily closed. No person shall travel the closed portion of K3900 except as authorized by Alton Coal as further set forth herein.
That portion of the Alton Road (Kane County Road K3900 or County Road 136) and its accompanying right-of-way width, beginning at approximately -112° 28' 5.984" N, 37° 25' 11.111" W, at the SW 1/4 of the NW 1/4 of Sec 18 in T39S, R5W, proceeds southerly into the NE 1/4 of T39S-R5W, continues southerly to the approximate center of the SE 1/4 of T39S-R5W at approximately -112° 27' 17.677"W - 37° 34' 7.988" N. Total length is approximately 1.51 Miles.
2. The Kane County Commission Chair is authorized to enter into a lease agreement with Alton Coal for the same portion of Kane County Road K3900.
3. The Lease Agreement shall ensure the following:
a. That Alton Coal authorizes the public access to the closed portion of Kane County Road K3900 when safe to do so and that causes as little delay as possible.
b. That Alton Coal provides for and maintains a system of signs and traffic lights to ensure safety to travelers of the road, specifically that no traveler will be traveling on the closed portion of the road while oversized vehicles owned by Alton Coal are traveling on the closed portion of the road.
c. That Alton Coal indemnifies the County for any damages to a traveler of the road that arise from the negligence of Alton Coal.
4. Nothing in this section shall be construed as an abandonment or vacation of the road.
5. The temporary road closure will automatically terminate at the earlier of the following:
a. One year from the original date of temporary closure (unless extended for an additional year by ordinance), or
b. The date of termination of the lease of the road to Alton Coal.
6. If any subsection of this section is deemed invalid, it shall only apply to that subsection and shall not affect the validity of this section as a whole or any part not deemed invalid. (Ord. O-2019-7, 4-22-2019)