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R-330 - 06/22/1982 - FINAL PLAT - Resolutions Supporting Documents ,•P k'c; _ TE` 7 r^P N .0.R .asp . �� ' t:.rw� '+" .s} ';, : :`�'^""T �.�_5;.:2 -tea +ajs, * sfi 4 • J 3...- ac-7j, • i Ai • ` • vit., it.-330 •_ • •MINutCS O . . . ak Brook Plan Commission Page 5 • March 26th, 1973 • •12)-1122S-1?—.11L11.1.• low. 2.-11-0eaL All members of the Plan Commission were provided with copies of a reliminarr1_at entitled "York Woods Unit Y"" dated e r t . 73 as prepared" y-Riels" erect Land Surveyor 9� b Meyer Rennet R. Woods. Manager Urhausen advised that the property its located to the east b of the Drake-Oakbrook Hotel abutting Windsor Drive and Dover Drive in York Woods. The �i . Dressler. property has been by developer Phil ,. • Mr. Dressier advised that the roperty would be developed under R-3 zoning (the same as York Woods) and would carry all protective covenants to the York Woods Homeowners Association. The development p nt of 14.33 acres consists of 22. interior 15' lots uteri ar of which 'J and 49. lots. A 1S storm sewer easement exists through lot 48e !i Plan Commission members discussed construction of sidewalks and street lighting within the subdivision. After further discussion, Mr. Wunderlich moved, seconded by Mr. • Anderson that the preliminary plat be approved with the .d :F ,, e ;i that ornamental stheat 1i . httn. cenform to exietf"n in otk .pods • All members resent voted in favor of the motion. Not on carried. • p • • •• fir. • • ii • . • • . L. 38 �fz� ,:i ...03-,),e ro n e. a t #U , 5 .�. �2.. a5 ,r x '. r. r s w . as'• . " P, '`"ht.g.k¢4's ,RAC_ V;i 4 �f �.t s st.• �� k .t GS .,Y,ti�� xE€rtrk��• 41-14.7 3 • Page 2 Y t t a)RDLNANCES RF.SOt,fJTtONS,. VARIATIONS, ETC (Con! t=tire4 r 0, Br .k For, Est Unit VI Acceptance of 1mert2e±menc . Fact► trustee was asrovici d with a copy of ja letter i rom 1 ng/nee r• Du=nkirk. mated Anri::. )_6th, 1973, aevieing the ete us of the Brook Forest Unit. V L anaproveaaenta;. Trustee Rust moved - s>ecriuded by Trustee Congreve That this matter be tabled until further improvements are made. Roll Call. Vote: Ayes - Trustees Beechen, Congreve, Hayes, O'Brien, Rush and President Howell . Nana - None So ordered. E. Corporate P1aze t 1t i - Acceptance of tmp_ro etoenta • Each trustee was provided with a copy of a letter from Engineer Dunkirk, dated April 6th, 1973, advising the statue of the Corporate Plata Unit X improvements. Trustee Ruh moved - seconded by Tru acre Besehen... That the existing Letter of Credit in the amount of $120,000 be reduced to $60,000 and that this matter be deferred until a later date for further consideration, Roll Call Vote: Ayes - Trustees Baschen, Congreve, Hayes, O'Brien, bash and President Howaell , Nayea - None So orderedf, it)T'ork blonde Unite ZF Preliminax�r Plat Each trustee was provided with an excerpt from the Plan Commission Meeting Minutes of March 26th, 1973, recommending approval of the York Woods Unit V Preliminary Plat, After discussion with. Engineer (:Dunkirk, Attorney Botti and Fire Chief Ehle, the iolloering motion was made. Trustee Congreve moved - seconded by Trustee Rush... That this matter be tabled until the village engineer and fire chief are able to study same, Voice vote - all in favor.. So ordered. G, Law Day Resolution • President Howell read a proposed proclamation naming May 1st, 1973: LAW DAY V S.A...in Oak Brook, Trustee Heyes moved - seconded by Trustee O'Brien—, . That the resolution oroclaiming May 1st, 1973, LAW DAY t3".S "ti. in Oak Broo=k be passed and approved by the village board, Voice vote - all in favor. • So ordered IV FLNANCT41. . • A. 'Trr:s.1.4 r .:'s Report All trustees were furnished with a copy of Ttraeeurer van Dyke's report for the month of March, 1973, shoeing "Casts on bennsit" of $221,256.59 at the end of the month in the Corporate Account- (Funds deposited in U.S. Treasury Bills and Savings Acransasts total $2,606,805..b7. ) Trustee O'Brien moved - s=econded by Trustee Hayes -: . 4/10,/73 .... h{t,'eJ.n•,... T Y II 11110 ; , , , , 4 ; VILLAGE OF OAK BROOK a-17- tr2. j! • 1200 OAK BROOK ROAD '"""' 1 OAK BROOK, ILLINOIS • April 20, 1973 G54-2220 i' • . I; . ; ■ {i • • j _: President and Board of Trustees • - Village of Oak Brook Re: Preliminary Plat York Woods Unit V Subdivision • Gentlemen: _ , -,) M 4. a. 1 have reviewed the preliminary plat of York Woods Subdivision • Unit V and recommend approval subject to the area of all lots • meeting the inimiaium zoning area requireMents. l • • • Re pectfully submi •ted George ' . tin . i r , PE Villa Engineer GLB:dw • .. . • 1i i, Ii y It! C3 \t f b 1•^ i y /t i"r s„ S tt L - 1, '' .;Sac t.. %Ai*-33o 4.244-13 VILLAGE OF OAK BROOK MINUTES OF 1/ April 24, 1973 SAL a 17-9a. MEETiNG CALL A. Roll Call The regul tr meeting was called to order at 8:00 P.M. by President Howell. All trustees were present except Trustee O'Brien. President Howell called for a motion to appoint Mrs. Marianne Lakosil as Village Clerk Pro Tem in the absence of Mrs. Lorraine Fricek. Trustee Baschen moved - seconded by Trustee Hayes . . That Mrs. Marianne Lakosil be appointed Village ClerL Pro Tem in the absence of Village Clerk Lorraine Fricek. • Voice vote - all in favor, So ordered. II READING OF MINUTES Trustee Rush moved - seconded by Trustee Hayes . . . That the reading of the minutes of the regular meeting of April 10th, 1973, be suspended and that they be accepted as submitted. Voice vote -.all :dn favor. - _-. r• So ordered. III ORDINANCES, RESOLUTIONS, VARIATIONS, PLATS, ETC. A. William Parrillo Height Variation �rdi-na»ce--G-1AD Each trustee was provided with a copy of proposed ordinance granting a height structure variation on property located at 40 Saybrook Lane. Trustee Rush moved - seconded by Trustee Congreve . . . That Ordinance G-148 be approved as presented and that the reading of same be waived. Roll Call Vote: Ayes - Trustees Baschen, Congreve, Hayes, Rush, and President Howell Hayes - None Absent - Trustee O'Brien So ordered _r;<Yloods Unit V Pr n Plat Each trustee was provided with a copy of a letter from Engineer Dunkirk, dated April 20th, 1973 recommending approval of pro- posed preliminary plat of York Woods Unit V. After discussion the following motion was made. Trustee Rush moved - seconded by Trustee Hayes . That the Preliminary Plat of York Woods Unit V be approved as presented, subject to installation of street lights recommended by the Plan Commission and subject to the Plan Commission recommendation in regard to sidewalks. = t,.• Roll Call Vote: Ayes - Trustees Beechen, Congreve, Hayes, Rush, and President Howell Hayes - Mane • - ..330 If v i' WOODS AND ASSOCIATES,INC. CJ 112 WATER STREET 0 NAPERVILLE,ILLINOIS 00640 0 PHONE 312/35643SO February 17 , 1982 E-1116 Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60521 Attention: Bruce F. Kapff, Assistant to Village Manager Subject: York Woods Unit No. 5 Subdivision Dear. Mr. Kapff: • We are submitting the final plat for the subject subdivision for action at the next Board of Trustees meeting. The engineering drawings and specifications for the York Woods Unit No. 5 improvement are intended to fully comply with current Oak Brook standards. The concept for this single-family development had previously been approved by the Plan Commission in 1973. At that time, the Plan Commission insisted on gas street lights. The Village Engineer for the Village of Oak Brook, even in 1973, objected to gas street lights due to the excess maintenance costs and also the poor quality of the illumination. The oil embargo and sub- sequent energy problem has made the issue of gas street lights a moot question. We respectfully request that the prior approval of the Plan Commission be extended to this date. The developer intends to do the necessary engineering construction immediately upon approval of this Plat. It is anticipated that all of the lots ;; will be sold before Summer. Sincerely, WOODS AND ASSOCIATES, INC. Kenneth R. Woods President copy to: William E. Gahlberg KRW/pms ARDPKTECTS POOPINSIONAL ENCNIMO ENRVIYORS 4 e F f VILLA C O F= '° -° ba r,�'stt .t PI Cr' S�.i�D1Vt::ttf: APL. OAK BROOK 15e FINAL r or S BDlVISIC: APC ,IC IC*.: 654-2220 ASSLSSME24 ' PIdAT APPLIcAnal 1200 Oak Brook Road qb Be Filed With Village Clerk Oak Brook, Illinois 60521 • S7BDIVISIai TITLE: YORK WOODS UNIT 5 DATE FIIED: 41.1�/f? GENERAL ERAL LOCATION OR ADDRESS OF PROPERLY TO BE SUBDIVIDED: S.E. corner of York and 22nd Street (South and East of Drake OakBrook Hotel) NAME OF APPLICAwj: Drake Oak Brook Inc.,a Delaware Corp.pHpME rpm . 654-2230 )JDREss: 2301 York Road CITY Oak Brook STATE Ii. 60521 Zip Code RE3°ATICIVSHIP (P APPLICZNT TO PROPERTY: Owner awn or RECORD: Above PI= NO. ADDRESS: CITY SPATE Zip Code BENEFICIARY(] S) OF MST: • NAME: NO. - ADDRESS: CITY SPATE Zip Code fI Signature o } ••x cant; OW "' AFFIDAVPP FCR MB3DIVISICUS CPS'NOT YORE T1,3%11 FIVE (5) LOTS: This plat contains the entire contiguous undeveloped land area in which I have any interest. (Signature of Owner) IDMPIFY S RUCZ1URES A CEEER IMPROVEMENTS C ti 'IHE PE i'Y: Existing storm sewer, water main and sanitary sewer stubs • Flood Plains: -1rm, Sq. Ft. are under Flood Plain Ordinance and are graphically depicted on attached plans. SIZING UY LAND USE acoacRSC I ''I* TIAL • a;.,�—rTi T tar. • .._ NU. OF LOTS • 21 - - Acmes .--.---14.10 __ .07 14.17 W. or SQ. Pr. .614,139 3000 617,139 me5 OF SURNCLINDIM PROPERTY : Follcseing are the names and addresses of surrounding�prow.riy ewnexs from the property°ice question for a distance of approximately 250 feet in all directions, and the nunIer of feet occupied by all public roads, streets, alleys, and public ways have been excluded in-. ccr putting the 250 foot requirement. Said names are as recorded in the office of the County Recorder of Deeds (or the Registrar of Titles of the County) and as appear from the authentic tax records of this County. • NAPE AEORF.SS See Attached Sheets 1 and 2 • • • • • • Refer too Oa1e-Brook Cale:-Appendix B Subdivision Re4ulations • * * * * * * * * * * * All applications mast be accarpanied by proper fee and (18) copies of the proposed sub- division, and must be received prior to the 15th of the month for Plan Oanofssion review on the third Monday of the following month. 0-289 Preliminary Plat $20.00 per lot or $25.00 minimum 3/24/81 Feral Mat ;� $i00.00 - NO IM.'Rd4EZffidt5 (Plus Plan Review & Inspection Fees, if 0-259 12/11/79 Assessment Plat No charge RECEIVED: 25'T S NAME: � s �, LATE: Z/ -$C.AMOUNT gar Check tlo. RECEIVED BY: DATE: V .ge APPLICANT SGUGZD BE PRESENT AT taEr1NGE CliECEED All meetings are held in the Saauel E. Dean Cord Wan of the Oak Brook Village among, 1200 Oak Brook Road, Oak Brcdc, Illinois 60521. X�' Board of Trustees (Referral) 7:30 P.N., Tuesday aro;23re O'S.T Plan Camdssion Meting 7:30 P.M., MzedaY /ARCH/13./91/2. X Board of Trustees kteting. 7:30 P.M., Tuesday /pre,/2; /few PRICK TO S IEIXATID merlin, APP •P S TO ae ACT VT-I/JifaS IIJCrECR AND rixtzsre emus OF PLAT RWJEW, ALIOWDE FOR NO1E: atriamc.TDC'E '10 RF.SU IjIT WITH ANY a aS 1 1C.Stl ADDZTICVS OR • n . , h , , . w/R • '33t7 40 06-25-200 -010 Drake Oak Brook, Inc. York & Cermak Roads c/o Henry F. Stec, Treas . -011 Drake Oak Brook, Inc. York & Cermak Roads % Henry F. Stec, Treas. 06-25-201 -002 Drake Oak Brook, Inc. Cermak at 22nd Street -003 Dr. Daniel Gorski 3 Dover Dr. -004 Nancy Carlson 5 Dover Drive -005 Charles R. Farra 7 Dover Drive -006 LeRoy H. Becker 9 Dover Drive -007 Harold Stein 11 Dover Drive -008 Dr. Dominic Nigro 2 Stafford Lane -009 Nicholas Kitsos 4 Stafford Lane 06-25-202 -001 Norman L. Anderson 1 Stafford Lane -002 C.P. Scott 3 Stafford Lane -008 Seymour A. Robinson 32 Windsor Drive -009 Lloyd F. Lamm 30 Windsor Drive 06-25. 203 -001 Nicholas Anos 69 Windsor Drive -002 Melrose Park National Bank Trust #2748 17th Avenue & Lake Street Melrose Park, I1. 60160 -003 Hans Hasen 43 Croydon Ln. 06-25-204 -001 John & Gloria J. Zaruba 65 Windsor Drive -002 Lawrence A. Walsh 63 Windsor Drive -003 Teofilo M. Nayan 61 Windsor Drive -004 Joseph A. Martin, Jr. .2 Croydon Lane -005 Clark & Marilyn Nelson 42 Croydon Lane -012 Leo T. Tibensky 4 Croydon Lane 06-25-205 -001 First National Bank Cicero 5305 6000 W. Cermak Road Cicero, Ii. 60650 -002 Bernard C. Machura 3 Croydon Lane -003 Robert H. Jones 5 Croydon Lane -010 Punislav Lekovic 5 Windsor Lane -011 Mrs. Maxie Derger 65 Sheffield Lane - -012 Wayne C. Nystrom 63 Sheffield Lane Page 1 of 2 i ' t...33. . , . . ,, , ,, -; i , , 411 .. - ''. ' • 410 ' • . . , 06-25-206 .. . . 0.001 , Prank J. Belline 49 .Windsor`Drive -002 Job }Jenson 45. Windsor. Drive . -003 Henry D. Bronson 43 Windsor Drive -404 Hugh ," Artie* Bridgford 107. N. Green .Street I Chicago, Illinois 60607 . -»005 Michael 6 Else Guinan Olympic Savings 6 6201 W. Cermak Road Berwyn, Illinois 60402 -006 Kenneth M. Paretta • 33 Windsor Drive ' : -007 Charles K. Silver 31 Windsor, Drive , • -011 Avenue Bank aF Trust .Ga 104 .N. Oak Perk Avenue Trust $2381 Oak Park, II. 60301 ' ' -012 John Raffaelli 4l Windsor Drive -013 Michael J. Ross 35 'Windsor Drive I' • . II • I; • I • • { F 2 of 2 . 0,4". - li • WA.,330 r ,••,�'4%' . B-1116 2"12-82 ' ENGINEER'S ESTIMATE OF COST 1 of 3 I FOR YORK WOODS UNIT 5 ITEM APPROX. UNIT AMOUNT ENTITY PEE i; A. WATER DISTRIBUTION SYSTEM 1. D.I. Watermain,Class 52, 6" 603 L.F. • 14.00 8442.00 2. 6" Pressure Connection with valve box 2 ea 1000.00 2000.00 'i 3. Fire Hydrant 2 ea' 1000.00 2000.00 i' 4. Services (1" dia) Complete 21 ea 250.00 5250.00 • TOTAL ESTIMATED WATER SYSTEM COST $1.7 ,592,00 B. STORM SEWERS • 1. 6" B.S./ .17,C. (Blue Brute or App. Equal) 250 L.F. 8.00 2000.00 2. 8" E.S.P.V.C. 3.y (Blue Brute or App. Equal) 90 L.F. 9.00 810.00 3. 10" E.S.P.V.C. (Blue Brute or App. Equal) 572 L.F. 10.00 5720.00 4. 12" E.S.P.V.C. (Blue Brute or App. Equal) 470 L.F. 12.00 5640.00 L' 5. 15" .R.C.C.P. Type I 205 L.F. 14.00 2870.00 6. 18" R.C.C.P. Type I 115 L.F. 16.00 1840.00 • 7. 21" R.C.C.P. Type I 113 L.F. 18.00 2034.00 I' 8. Inlets (2' dia) 7 ea 300.00 2100.00 � 9. Catch Basin Type "C" (2'dia) 1 ea 400.00 400.00 r 10. Special Catch Basin (4' dia) 2 ea 850.00 1700.00 11. Manhole (4' dia) 1 ea 1000.00 1000.00 12. Special Manhole (4' die) 1 ea 750.00 750.00 13. Revision to Existing Manhole 1 ea 200.00 200.00 ii TOTAL ESTIMATED .STORM SEWER COST $27,064.00 C. WALKS, EARTHWORK _ 1. P.C.C. Sidewalks, & Bikepaths 2819 L.F. 7.50 ;I 2. Earthmoving Lump Sum : 21,142.50 10,000.00 . $31,142.50 1 D. SANITARY SEWER SYSTEM 1. 12" E.S.V.C.P. (Oversized per H.S.D.) 1253 L.F. 20.00 25,060.00 2. Manholes (4' dia) 7 ea 1200.00 8,400.00 3. Auger existing street 58 L.P .' 35.00 2,030.00 TOTAL ESTIMATED SANITARY BEWER SYSTEM COST 416.50 1 4 $7777 • *• _ •tea a z r`l � t F . i1y 8.1116 ; .2 og 3 A. WATER DISTRIBUTION SYSTEM *17,692 .00 B. STORM SCR SYSTEM $29,064.00 C. WALKS, EARTHWORK RE $31,142.50 I' SUBTOTAL 75,898.50 3). SANITARY SEWER SYSTEM . • $35 •490.00 TOTAL $111,366.5o THIS IS TO CERTIFY TEAT THE ABOVE ESTIMATE OF COST WAS PREPARED BY THE UNDERSIGNED AND TO THE BEST OF MY KNOWLEDGE REFLECTS CURRENT COSTS OF CONSTRUCTION FOR THE ABOVE. .r r, Aiti — e;t°? ' . + ER"--. • • : • • • • .,: fe • 330 ENGINEER',S ESTATE OF -1116 SANITARY SEWER SYSTEM STINA`PED fVE RING AND EXTENSION COSTS REQUESTED BY HINSDALE SANITARY DISTRICT I • .. Ovtiersizing E.S:V.C.P. from SNto 12" Ouantit r Unit Price Am ($15.00 L.F. vs $20.00 L.P.) 1253 L.F. +5..00 2. Additional E.S.V.C.P. Extension /I+.F. , $5265.00j requested by H.S.D. 557 L.F. 15.00L.E. $8355.00 3. Additional 4' die M.H. req. due to extension requested by I .S.D. 3 ea 1200 e� 4. Auger under Windsor Driv+ee $2030.00I' �� L.F. 35.00/L.P. �a��o.0o • TOTAL $7671131575 • THIS IS TO CERTIFY THAT THE ABOVE ESTIMATE OF COST WAS PREPARED BY �I THE UNDERSIGNED AND TO THE BEST OF MY KNOWLEDGE REFLECTS CURRENT COSTS OF CONSTRUCTION FOR THE ABOVE. • 40/A, IL. EN v �I • . 7 DATE • • 73'0/CJiE Lm-d i4,n�+cw,es?✓fors)r 29'1 -' _ t STORM DETENTION CALCULATIONS q« ni.s, QoOF A.oES• • (27ooa s FOR KJafs/w><a n..t vt 09.vES 92Y,��r�A sE3Ac.E/ a1.4444�S: f/7000r,I 5.b'7: Y/thA• .62 A psr I OPT,•SRvEE: !25,00001+} @.SOY.x//f,,7A-/2.0.5A4,41 y[for Idetwaa__1.I& , _ /4./7 eviler OsTKBROOK,.Zc.'iorS t 3. • e CoeFFi ENTy 77 C/10/4.EAAO. /hNDA00KfOROUHART)�1 �� (P 0-15) • ITEM AREA CiOEFF+CIE1�1 FA�FDF EO AREA. . : ROOF+ -.LW_•_,_ + __.90_.____ - ,___3.l7 l 2 3 4 rJ - 6 voLl - 1 ASPHALT PYIIIL+_�e82 + _ .90 r �rtt} TIME RAINFALL INFLOW RATE RELEAgRATE STORAGE DETENTION UNPAVED AREA..J2,o IN/HR HR. IN./HR. RATE IN./HR. ACRE-FT.. �-� ._. 2.5___ . 3.01 misc. _ r --14�Q �&0 3:75 .10 3,ic.=, 8+- TOTAL AREA • _1�l 11^usx FACTORED AREA • — .1. 4 ""-''!'7 -�0.0_,......1.12.—_ .�,iQP :GI :25 1 .GO 2 .G4 2.511- 11S e # AVERAGE COEFFICIENT- c.. —. 3L 7 -_.�33 Co..GO__2.29 2.19 85 CO • 150 5...30 1 ,d8&j. 0 .74 l�03 STORAGE REQUIRED. -- 1-7[� ACRE•FT. �h ____14,7___4. 50_ 1._.�� l�vG, 1 , 1 f RELEASE RATE tern= =�.uQ c s ._._.f 3.i_9G 1...,32,, L21 1 Zed_ STORAGE AvAILABLEt - _PeQ4_ 2.25 ?e 33 t GI exsur 8, AREA yOLUME =MIL _'s.�LQO 1.,GT4 :5� f _ .�G ILG3 41.00 .97 134 .24- 1 12.00______-.5e___AZ. 1 1, • s' -- — J.5..S}o .43 _:J. •5 1,_O 24.9.0 ,35___ ...1Z •02 ' _ 1 I2aao n2 ..._________ ....___-.., I _________ 21O.Q 03 I L i j i _______. • - - ` _•.______. _________ •RIGV.•__ ldd0C.,CIS`Atv'D A2:aOCIAT, S- INC. .. w e • ` TOTAL STORAGE• G RV ARCHITECTS...ENCONCrR•,>. .SURVEVO4S...NMCRvtu r,k:. ic..t 1140 ACTUAL RELEASE RATE: C$L XT0®r: -WOW ICS 14EE-r am # 'YORK. ".t./OAOS. NAIfT..: -.._._ M WO and ASSOCIA' INc. d ,; , . 112 Water Street awn me. or NIIPERVLLE, ILLINOIS 60540 j' f Phone 3 2360 • C ALCt14ATIO BY GR Y QATt A 14• CHECKED iv . OAT! II SCALE ...,.-....1..._.._!;..... ....•...._.. I-_..»... 4 - DE7E7v77oH i ,. .At.GLILF#'tI JAtS.. 111 _11 1 € .--4-...774177.44. •.�C" ` .. R A t._.... �'.�t: 3 I_ ...._ i• ' i._. ...1 ; _ 44. /V.QRTJ j' ( 3 ^ C € I .t`i.... `� � ._.._._....{., .._._ -fit 1�.�•��._. tw/.,/.. ��. .�??'• 3 .._... .... _. ._ ii_ ii __ , iiilliii till Li t_f • 1 I E E • ;•r- • I $ _f' - , # € .- i ( ». 1 . ' 11- 111 , 11Iii 1111111 ' 111i ! iii I i€_«._._........._..�-__ i { , �a,'SQQ.g:om'', � €I. 3 1 €..... 0I —1i;--- 01 i 5i. "--l fr..�.aC..__. 3 /'�F 1 E 3 { . 1. , i i 1 1 i i 1 . , '— 1 Fl 1 al T 3 ; i �!` i cI .9 ; E 1 1 i ./500 i 3 t Ili. 1 F I 1: _t_ ! ��/ €..1.-1......._4............4....._.4... II1 3 €' .. : 1 I i d ., , € 3 3 I j•€ .. I _ - I _ ' i} j (! _---f--L.- y _. / .-jai— i_. 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' i.......}.......4•••••••• ••--1- —1.---4-----f---4- .. 1 1 ilfilli . t1 • 1 ! : , ;,-- 1,.. 4 1..; 4 .1-. .:-- -i• 1 - 1 - ' i 1 '""" "" .....----- ---- - --- - t--- -"--".".''''''-.--- ,,,,, f --. - . .— , 11 I i 1 ; i, 1 ' LI I I 1 ' 1 ' I 1 ' ' 1 I t i ' f ' ' ' ' I 40 W4 . • it VILLAGE OF OAK. BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS II • 954.2220 • February 17, 1982 • MEMO TO: Staff FROM: Bruce F. Kapff SUBJECT: York Woods Unit 5 - Final Plat In the way of history, the Village Board approved the Preliminary Plat for this Unit 5 at their meeting of April 24, 1973 subject to the installation • of street lights as recommended by the Plan Commission, and also subject to the Plan Commission's recommendation with regard to sidewalks. A Final Plat of Subdivision for this area was, subsequently, filed but ■ was never approved. The requirements of Article VI, Section 1(A) of the Subdivision Regulations. states that "Preliminary Plat approval shall expire unless the final plat is submitted within one year of the date of the relimina unless an extension of time is p r plat approval granted by the Village Board on recommenda- tion of the Plan Commission." The clrrent petitioner is requesting that the Village Board waive that one- year time limit. On the assumption that the Board agrees to this. waiver, I have attached a copy of the March 26, 1973 Plan Commission minutes, a letter • from Village Engineer George Dunkirk dated April 20, 1973, and minutes of the April 10 and April 24, 1973 Village Board meeting at which certain con- ditions were stated on approval of the Preliminary Plat. • S4A6 II • I have also distributed a copy of the approved Preliminary Plat dated February 27, 1973 to Dale and Marianne for their review. I have one addi- tional copy in the official file which had a revision date of March 21, 1973 indicating the addition of six gas street lights. The above information should be useful in your review of conformance between • the originally approved Preliminary Plat and the currently submitted applica- tion for Final Plat. Respectfully submitted, lam''r Bruce F. Kipff Assistant to Village Manager I :.ir ",x®33° • 411 • • TILLAGE 07 OAK BROOK MIIO°PES -4- February 23, 1982 I/ To accept the Grant of Easement from John and Grace Chlapecka, 3 Pine Pine Hill Lane, relating to the proposed water main within Pine Hill Lane. Voice vote: all in favor So ordered. Absent: Trustee Listecki A. art of Activities Trustee Rush - Library to be closed to the public as of March 1, 1982 for two weeks to allow for reconstruction due to damage done by sprinkler water flow. Trustee Listecki - Jo report Trustee Marie - New lire Department vehicle being equipped. • Trustee Congreve - York Road Storm Water overflow is being investi- gated. Dupage Water Commission estimating cost of transmission of Lake Michigan water from Westchester. • Trustee Philip - The Sports Core has hired a tennis pro and is now getting ready to open. , Trustee Watson - Attended Hinsdale Village Board Meeting where discus- sion was held on the proposed Hinsdale Hospital expansion and office buildings along York load. Staff is reviewing a new Conservations/ Recreation Zoning District for the open areas of Village. • TI. - A. Appointment • President Cerne recommended the reappointments of Joseph W. Pullen, 122 Timber Ti., Drive and George A. Hodges, 3 Pembroke Lane as members of the Zoning Board of Appeals for a five year term, commencing November 17, 1981 through lovember 17, 1986. Trustee Philip moved - seconded by Trustee Watson ... • To concur with the appointments made by President Cerne. loll call vote: Ayes: Trustees Congreve, Marie, Philip, Rush and Watson. lays: Mons • Absent: Trustee Listecki B. Referral - FIRAL PLAT 07 FELBER'S SUBDITISIOI Referral - YORK WOODS UNIT 5, Final Plat With no objections voiced, these subjects were referred to the Plan Commission meeting of May 15, 1982. • D. Open Forum, No one appeared. VILLAS OF OAK Eg00K MOM -4- Warserf 11, 198* 0 . - ::: . : . II • • -, VI LG OF OAK - BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS February -24, 1982 854-2220 Dear Resident, The Oak Brook Plan Commission and/or Zoning Board of Appeals, and the Village Board will be considering a: ■ Variation !i Preliminary Plat Special Use X Final Plat Zoning Amendment at the meetings as scheduled on the reverse side of this notice. ! The application has been filed by Drake Oak Brook, Inc. Name of-applicant - 2301 York Road, Oak Brook, IL 60521 Address Relationship of applicant ' to property Owner r . - -- York Woods Unit 5 Name of Subdivision (if applicable) . The property in question is situated at: Southeast corner of York gad 22nd Street (South and East of Drake-OakBrook Hotel) We have attached a map of the area to assist you in determining your relation- ship to the property in question. The request which has been made is as follows: • Final Plat of Subdivision - 21 single-family lots . • . . If you desire more detailed information, we would suggest that you contact Mr. Bruce F. Rapff, Assistant to the Village Manager, at the Village Hall to review the file on this application. We will be looking forward to your, at a the public meetings. • . I; Respectfully yours, , O ! It, Ilk . t " =fi'neth: O. Carmi ani Village eager • . All Ns*ttj*8* are and in t a Samuel E. tff.l1E .I f�eac Board the Brook (31st $tact) and Spring Bond•Illinois Plan Coeniteion *R. **********T: P.M.- itimaday north 23. 1982 Zoning Board of Appeals.....................7:X) P.N. Tumidity R• Board of.-.Truatittio s• P.M. d March 23. 1982 dr ' °' 'i • 4000t0, t F y 1,,, \\.111,1114.1.1111* • e •! .. ' , C1 g. 0,,f i V" . E",.• ' • • .� , , 1 *- dYtigie!=4,40, . . , . , r '. : •-. � � < . . itil . • . • . & t , . -. _...... � 1 , . , ,... . . 1 . i _, r r f a r r .4< 4 w<—r.°, rototr' e,,s ;- 44t°4181) ' a IP =y it j. :,,, ,,ti VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK. ILLINOIS March 11, 1982 454-2220 . MHO TO: dice P. Xapff, Assistant to Village Manager i ?Rah Dale L. Durfey, Jr., P.E. SUBJECT: York Woods Unit V Preliminary Plat and Final Plat 1 I have reviewed the above stated Preliminary Plat, Final Plat, and Engineering plans and offer the following comments; X. PRELIMINARY_PL*T • A. The applicant is asking that the previously approved preliminary Plat; • (1973) be re d so that they can go directly to a Final Plat with Engineering plans. In reviewing this request, several minor issues arise concerning the old Preliminary Plat (such as zoning district within boundary, section lines, etc.). however, one important requirement ol0 today's Subdivision Regulations which did not exist in 1973 is the requirement of storm water detention. The old Preliminary Plat did n�pt contemplate any storm water detention. 'i B. Notwithstanding the above, the applicant has utilized the old Prelimi>ary . Platte land plan and has utilized front yard, side yard, and rear yard detention basins.which "technically work" but are "practically undesiare- able". C. Our present Subdivision Regulations define Preliminary " Regu1 inary Plat as "a tenjpa- tive map or plan of a proposed subdivision indicating a proposed layoet submitted to the Village for it's consideration". Also, the regulations state "The Final Plat shall retain the design characteristics of the approved Preliminary Plat, except that the President and Board of Trustees may require such changes or revisions as are deemed necessary in the interest and needs of the community in keeping with the provisions of these standards." In this light, it appears that the Village may re-1 approve the old Preliminary Plat but still require" changes within the Final Plat documents so that present standards are met. Conversely, the Village may not reapprove the old the Preliminary Plat and requi rt the developer to resubmit. In any event, I urge strong considerationto the detention characteristics within the proposed Final Plat and Engineer- ing drawings (to be discussed below) . • II. FINAL FLAT • A. Several minor drafting revisions need to be accomplished on the plat. , S. ity and Detention 'Basement" needs to be defined an the plat or within covenants. . • I March 11, 1942 �I arms P. Xrpff Pam 2 II C. Consideration should be given to any bicycle trail easements. i! D. Covenants have not been submitted. In this regard, it would seem logical for this subdivision to fall within the York Woods Covenant requirements. Madelrer, since the existing York Woods covenants do not mention stoma water detention, that issue must be drafted and included. S. The r P °,p► plat utilises three (3) flag lots which are in keeping with the surrounding area. If P. As stated previously under "Preliminary Plat" this plat utilizes front yard, side yard, and rear yard detention characteristics. III. ENGINEERING PLANO it A. As of this data, a complete Engineering review has not been able to be acacmplishsd. Approximately two-thirds of the contents within the ring plans have been examined. B. As previously stated, the key issue within the submitted plans is storm water detention. The applicant has used a old Preliminary Plan layout I with 1973 standards and has tried to engineer 1962 requirements into it. Although the applicant has succeeded in engineering a "technically feasible plan", this type of detention facility is not normally utilized within the Village of Oak Brook. Not only does this plan utilize rear yard detention, which has been occasionally utilized within other areas of the Village, but it also allocates front yards and side purpose. Two (2) of the y yards by w terl proposed homesites would be surrounded by waterl; on three (3) sides. I do not recommend that the Village of Oak Brook approve the proposed detention scheme. If one were designing this area without benefit of a previous ,plan, detention areas would not be placed in these proposed configurations (four separate and distinct ponding areas). C. An erosion control plan has not been submitted. D. Specifications have not been submitted.. E. Several niter along with more significant issues need to plans. The above issues were discussed between Xan Woods, one of his Engineer's, yourself 'I and myself on March 1, 1982. It was W. Woods conclusion that Engineering revision would not be accomplished until after the Village decided the detention issue (I believe his reasoning was make one set of changes rather than two sets if the Village did not approve the proposed detention scheme). it Res ly tted, !� Dale L. Durfey, Jr., P.E., DLD/'stg 411 viiiiiashommer imp VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD D OAK BROOK, iLLir44iS • 054-2220 *rob 12, 1982 NEMO TO: Plan Commission Bruce F. Lspff SUBJECT: York Woods Unit 5 - Final Plat The Village Board at their meeting of April 24, 1973 approved the Preliminary Plat of Subdivision for this unit. Article VI, Section 1(A), states that "Preliminary Plat approval shell expire unless the final plat is submitted within one year of the date of the preliminary plat approval unless an extension of time is granted by the Village Board on recommendation of the Plan Commission." The applicant, by letter dated February 17, 1982, is requesting that the one-year time limit be waived and further states that "The engineering drawings and specifications for the York Woods Unit 5 improvement are intended to fully comply with current Oak Brook standards". Along those lines, the applicant is also requesting a decision by the Plan Commission on the specific detention requirements as further outlined in Village Engineer Durfey's memro,vhich will be required for this Subdivision. Pending a resolution of this as well as other items contained in Dale's memo, the applicant has indicated that they would then modify their plans to include all changes as recommended by the Plan Commission prior to any formal recommendation being forwarded '. to the Village Board. As Dale mentions, this Subdivision contemplates the inclusion of three flag lots, Lots #59, 60 and 61. Although other units of York Woods contain similar flag lots, there it is a potential problem with Lot #61. The front yard for this lot is that area which connects with the flag pole. The net buildable area after subtracting 40-foot front and rear yards is an approximate 40 foot in depth buildable area which might be con- sidered somewhat inadequate. Furthermore, according to Dale, this area of the sub- division might best be used for storm detention purposes. One possible course of action would be the elimination of Lot #61 due to its small buildable area and utilise same for storm detention purposes. Ii itDale's Item II-D brings up the question concerning the York Woods Covenants. We have obtained a copy of these original Covenants which contain wordage to the effect that the lots in this new unit could be included in the original Covenants through the use of a Declaration of Inclusion. As Oak Brook, Development y was the declarant in this Covenant, Unit 5 could only be included in these Covenants in the event that Oak Brook Development Company owned this property at that time. In the event that such York Woods Unit 5 - Final Plat March 12, 1982 Pose 2 was not the caste, it would 11144. appropria!* for the l r lea apFli•ring t da teM s artpc easif. cellg fox lit eS i a . is ts, s t Up fists which d be reso lved ae of f irastive resolution.of the 04bdiwtslos as a who r *tdrvib{iosetd i onof. s te t five lots, it would tall under r tbs p As this Subdivision coal of t a vision t consists.visions of Article Vi, Section 3 ois I Districts 833 and $6 which lass both bs woos wit f llR t to gait fto the he aelydivi�ltr • Village copies of any asresnents with off. distrusts ldis required contribution. Respectfully subnittsd• Sruce F. Xspff Assistant to Village 'bossily • cer f -33a 410 . PLAN COMMISSION Minutes -8- March 15, 1982 �I VI YORK WOODS UNIT 5 - FINAL PLAT I• Drake Oakbrook as applicant, was represented b Inc.,• pp � p by engineers for the projeati, Ken Woods and Glenn Vesely. Mr. Woods explained that the Preliminary Plat for this Unit 5 was presented by ) r. Phil Dressler and was approved by the Village in 1973. This to various circumstances, a Final Plat was not pursued at that time. Mr. Woods explained that the current applicant, Drake Oakbrook, Inc., is requestLng a waiver of the ono-year requirement for submission of an application for Final 1 indicate Plat approval. No farther stated that the present plans ndicate a subdivision into 21 lots, while the original Preliminary Plat contained 22 lots (one lot has been lost due to a cul-de-sac at the North end of Windsor Drive). The applicant has also located sewer stubs which presently:service each of the proposed lots. The developer would, therefore, like to maintain the existing , layout of lots, as opposed to modifying these sewer stubs. A further reason for maintaining the proposed layout is that an existing 48-inch storm sewer line presently traverses the property from East to West following the side lot lines ' f 47 and 61. It would be extremely inconvenient for the applicant to sove this st rm line. • • Kr. Wood stated that the proposed detention areas have a very gentle slope of 1501, and that an attempt has been made to save all existing trees in this design. Village Engineer Dnrfey stated his concern that the detention area is planned to !be divided into four distinct areas. Although the proposed detention basins will technically work, they are practically undesirable. Member O'Brien suggested that the detention requirements for the Subdivision be combined with the existing Drake Oakbrook parking lot located just North of the single-family lots. Mr. Vesely indicated that this would be difficult to accomplish due to the 25-foot horisohtal separation and existence of a 6-foot high berm separating the properties. With respect to covenants, Mr. Woods stated that the intent of the developer is tO dove-tail any covenants written specifically for Unit 5 with the existing Covenants for York Woods as adopted on October 4, 1962. Chairman Reece indicated no difficulty with. waiving the one-year requirement, al- though it was his feeling that any plan which might be approved should conform wi4h 1982 engineering standards. Member Antoniou left the meeting at 9:45 P.K. due to a previous engagement. PLAN COMMISSION Minutes -8- March 15, 1982 PLAN COMMISSION Minutes -9- March 15, 1982 1 VI YORK WOODS UNIT 5 FINAL PU? (Continued) *ember Marcy questioned the advisability of approving a plan which contains three flag lots which, is in direct contradiction to the Village's Subdivision Regula- tions. P The Secretary explained that the specific provision against flag lots (Article YrI, Section 2(1)(i)) was in the original version of the Subdivision Regulations dated Roveasber 9, 1971 and was in affect in 1973 whin the village ;gave prelinianary approval to the Plat of Subdivision. I' The following nsbers of the audience expressed t•ir approval of the proposed subdivision: Joe Lasssdro, immediate past president of the York Woods Manseowners Association, 1 submitted, for the record, a copy of the York Woods Covenants and stated that the York hoods Community Association is in full support of the proposed development. 1 Worm Anderson, 1 Stafford Lane, stated his support for this development since it contains single-family detached residences. Roy Recker, 9 Dover Drive, also expreseed his support for the development and further stated his opinion that the existing Covenants would pertain to this pro- posed Subdivision. The following members of the audience expressed their opposition to the proposed Subdivision: Prank Dellini, 49 Windsor, stated the following reasons for his opposition to this subdivision: I. The long period of time which Ass elapsed since the original approval of the 1 Plat in 1973. 2. The change in applicant fres Phil Dressler in 1973 to the Drake Oakbrook, presently. 3. The resultant increase in construction and residential traffic on Windsor Drive if this Subdivision is approved. John Henson, 45 Windsor, suggested that the flag lots should be eliminated by the • placesent of a roadway coming directly off of Dover and servicing those interior • lots." Weeeber Marcy stated his desire to•have the applicant asks an attempt to eliminate the three flag lots. PLAN COMMISSION Minutes -9- larch 15, 1962 411 410 y,:: 4• sK 3'•', '` $ �C?.rg Y ,4r,'„i•y_ r =MW^��i4.WR.•!:, �' w 5":•,'�-$A,3r-. 3r,3, .-; •'r _;,J , ft, � , '`. • PLAN CQ1I IIS ZON Minutes teea -10- , Marsb lg 1982 VI T0RKifodD$ UNIT 5 .R FINAL PLAT (Continued) by !. There be ng no further discussion, a motion uak+s made by 1 her ma.rcy, seconded b • Member O' r-ien to hive the developer reviser big pl c eRlimiaatini the flag lots and providing ""for proper detention ae require& by the YYII+age Eneneer.. ROLL CALL VOTE: Ayes: - (5) Member Beams, Busby, Marc':,. O'Brien., II Oha►3riee i Reece Xis: A I; Absent: Neeebere Mtcfaiou• II • • • . 1 i 1 j I • i . CLAM Ot t✓i$101 *Otte 4, k,l5 r 1 p ▪ ,� t � yi d4 a� i i y i 4 ) ; a �' a ., ;'-s+ ,r'�▪ ,FF ,,, k.� `-f ., , �t 2�lif �i ° 41 } t 3 $zry �'y x } �' ,y*, { � _ . •�1 o .F-,fly., 44,, re a a � 7 :� 1 i �,t .4, [:_„{ ,.v ,' ti i °' •000 . ' 1111, -• DEVELOPER'S DONATION'TO SCHOOL DISTRICT 53 -- DRAKE OAK BROOK DEVELOPMENT In the determination of fair and equitable donations from developers of residentia property to.. School District 53, the Board of Education has developed a formula tha incorporates the latest construction figures published by the State of Illinois coupled-with an estimate of anticipated elementary school enrollment from the development. Construction statistics are used because they best represent current school con- struction costs in the State of Illinois. These structures are very basic build- ings, free of frills, and generally built with inexpensive construction materials. 1 The most recently published construction statistics, received March 12, 1982 from - Mr. Donald Norwood, were'used in the computation of a school district donation froze • developers of the Drake Oak Brook Development. • • • Development data pertaining to the Drake Oak Brook Development were taken from the most recent available information. This is still subject to change since final plans for the development must yet be approved by the Oak Brook Village,Board. • :pasic .Data • Per square foot construction cost - $46.29 (includes 15Z '.lowance for • development) 120 gross square feet per student • 15 years, typical building bond retirement schedule . 21 house lots and 16.8 total anticipated enrollment (.8 pupils estimated per home site) • Computation (Drake Oak Brook Development) . 21 house lots multiplied by .8 equals 16.8 pupils z o X•.s =• / • 3.6.8 pupils multiplied by 120 sq. ft. per pupil equals 2,016 sq. ft. '6'"%r^-/, 2c' • • 2,016 dq. ft. multiplied by $46.29 equals $93,320.64 /,qze x f4..x = lf8lS7 5 ' $93,320.64 divided by 15 years equals $6,221.37 Sgi$7' =i5-= 51z 2.>zz5 Z 94.7.5A4„4- $6,221.37 divided by 21 house lots equals $296.25 (developer's donation per house lot sold) • INCENE Us ing March 12, 1982 construction data, the developer's donation for the Drake Oak Brook Development is $296.25 per house lot or $6,221.25 7 for the development. ALA*Of OM 0004 X ' t • • • • VILLAGE OF OAK, BROOK • 1200 OAK BROOK ROAD II • OAK BROOK, ILLINOIS 654-2220 • March 19, 1982 Mr. William E. Gahlberg • Drake Oakbrook, Inc. 2301 York Road Oak Brook, Illinois 60521 RE: York Woods Unit 5 - Final Plat Dear Mr. Gahlberg: - ' The.Plan Commission, at their meeting of March 15, �' 8 1982, discussed the above application and determined to have the-developer revise his plans eliminating the flag lots and providing for proper. detention ss required by .the Village Engineer. If this matter is to be considered by the Plan Commission 'at their April 19 meeting, we will need such final plans and draft covenants relating to I' detention no later than April 5,: 1982.. Sincerely. •I Bruce F. Zapff Assistant to Village Manager • BF :Jr cc: Kenneth R. Woods, Woods and Associates, Inc. Dale L, Durfey, Village Engineer - r 410 • '4141-330 411 GAIRIBEIG6 Y : Village of Oak Brook March 26,1982 Plan 'Commission 1200. Oak Brook Road Oak Brook, II. 60521 Attn: Mr. Donald B. Reece, Chairman Dear Mr. Reece 'and .Members: In accordance with your wishes resulting from the review and discussion of York Woods Unit 5 proposed plat of subdivision at your March. 15th, 1982 meeting,we have restudied the plat (both independently and with members of your staff on two separate occasions) and are looking forward to meeting with g you again. on April 19th. !! As a means of familiarizing you in advance with our efforts, we are submitting this letter to you along with three (3) alternative treatments which we plan to uis w.th you on April 19th in hopes of. reaching a mutual- ly agreeable recommendation. We do not plan to have finish' engineering for obvious reasons, but all three (3) plans can b engineered to satisfy the storm water detention re- quired by the village, and we hope to satisf of desirable access to all lots. Y you on the issue Before explaining these three (3) plans li let me ( ) plans individually, point out that in all three (3) plans we eliminated one lot in an effort to .sisfy the detention requirements. Therefore, we propose a_20 lot subdivision instead of 21. lets. With respect to alternatives A and B, we attempted to provide a culdesac access in combination with a localizing of the storm water detention. Irrespective of the cost. of a road that becomes excessive for the purpose (as .a means of meeting the standards necessary for dedication)., we also feel this becomes an unnecessary collector of potential problems to the area in the form of unwanted, parking, loitering, and maybe other uses requiring constant and ongoing policing and surveillance. C1EilvrED CA"n n ns; ' APR 1982 aw BROOK,ru, SOW VILLAGE 0 OAK BROOK IL ( -owo ADMINI*?NATIDN R-3 Village of Oak Brook Plan Commission Pag e -2- Since there is a limit to both "Posting"and "Policing; and since there are less oublesome alternatives, we prefer to have you look at Plan C as our preference from a developer viewpoint. Plan C affords very adequate but private accesses to all lots off of existing streets. Water detention is localized and should be discussed with you on April 19th as to the best way to administer and maintain the detention area. It is possible to extend the rear yards of the lots into the detention basin (out- ot, as sh5PFT. and thereby eliminate the problem of ]urisdictional maintenance .and control, again putting all the. land under private owners This al again eliminate some "ongoing" problems with poliding and enforcing the intended use of an out-lot, open space. . . . regardless of who ends up owning and maintaining it. We can discuss this more .fully at. the .April meeting. Finally, let me say on behalf of the owners, and myself, that we are proud of the contributions we have made to the . Village of Oak Brook .in the past, and have no intentions of doing anything that is not up to your expectations and our own proven past performances, in this 20 lot subdivision! We think this piece of land deserves to be developed properly and with the benefits of what we have all learned through the years, ;j and look forward to your meeting in April. 11111411t9644?5: SincerSeAly W. ahl erg For he Owners cc: All members of Plan Commission Mrs Bruce F. Kapff, Asst.. to Village Mgr. Mr. Dale L. Durfey, Village Engineer Mr. Charles Brashears Mr. E.L. Brashears Mr. Ken Woods Mr. Glenn .Vesley Igir - • ii VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS l 654-2220 April 15, 1982 MEMO TO: Bruce F. Kapff - Assistant to Village Manager FROM: Dale L. Durfey, Jr. , P.B. - Village Engineer SUBJECT: York Woods Unit V - Preliminary Plat and Final Plat The applicant has submitted three alternate site plans entitled "Alternate Plan A, B, and C". Alternate A has eliminated flag lots with a cul-de-sac off of Dover Drive near York Road. Likewise, Alternate B has eliminated flag lots with a cul-de-sac similar to that in Plan A except that it is somewhat longer in length. Alternate C retains three flag lots, one of which would be an out lot for detention purposes with the two remaining flag lots being buildable. In reviewing these three alternate plans, I recommend Alternate Plan C for the following reasons: '� 1. The surface area set aside for detention is the greater of the three plans which allows for gentle slope along the sides of the basin. This will give the detention basin much greater aesthetic appeal as opposed to a well defined depression. 2. The flag pool portion of the detention lot could be utilized for access. 3. The configuration of the Southern lots appear to be the most advantageous from a topographic and planning point of view. 4. Plan B, while maintaining direct access to a pavement, allows less surface area for detention, has a fairly substantial finger of detention which is I! generally undesirable, and would need steeper side slopes to obtain the Ii necessary detention volume. Additionally, the Southern lots have been rearranged which is less desirable from a topographic and planning point of view. S. Plan A has also eliminated flag lots with the use of a cul-de-sac; however, it has an out lot used for detention purposes which is totally surrounded �I by buildable lots which allows for indirect access through someone's pri- vate property utilizing an easement. This plan also has the least sur- face area reserved for detention which would require that the side slopes April 15, 1982 Page 2 Bruce Y. Kapff• - Assistant to Village Manager Re: York Woods Unit V - Preliminary and Final Plats li it be the steepest of the three plans and the least desirable aestbetieally. 6. Both cul-de-sac plans, A and B, have access onto Dover Drive approximately 100 feet from York Road. This location presents a potential conflict with care leaving the subdivision or coming into the subdivision,frol York Road tl 7. In reviewing possible site plans with the developer and Bruce ICapff, it became apparent that another lot would bee lost if a cul-de--sac access were j lade 00 Windsor Drive. This is due to several lots already being close to t1 >eieai Boning area requirements and the size of the -col.-de-sae. Res. , lly ubaitted, r . Dale L. Durfey, Jr.,, P.E. Village. Engineer DLDicale • • • • • • 4110,, �cr` , """ 410 . ii II a fi ii I' and the effect of the building or other structure on the camped- b; bidity with adjacent or neighboring properties. In no instance shall a building of a design the same as any other in PERSIMMON , WOODS be Permitted. Ail plans„ specifications and other materials pertinent to any proposed construction shall be submitted in it triplicate to the office of COLLINS DEVELOPMENT CORPOR- j' ATION, or its successor or assign together with the payment of $50.00. A report in writing setting forth the decisions of COLLINS DEVELOPMENT CORPORATION, or its successor or assign, ■ and the reasons therefor shall thereafter be transmitted to the I ' applicant by COLLINS DEVELOPMENT CORPORATION, or its successor or ` within 30 days after the date of filing the plans, 1' specifications and other material by the applicant. COLLINS DEVELOPMENT CORPORATION, or its successor or assign, following the su.lonissigm of the aforesaid, will aid and assist the prospective residents or their agents and will make every attempt to reasonably cooperate with the wishes of the lot owner. Lot owners are encoureged to stank preliminary sketches for "informal comment" prior to the submittal of architectural drawings and specifications for full review. In the event: (a) COLLINS , DEVELOPMENT CORPORATION, or its successor or assign, fails to approve or disapprove within 30 days after submission, the final plans, specifications and other material, as required in . this Declaration; or (b) no suit to enjoin construction has been filed with 30 days after commencement of such construction, approval shall not be required, and the related requirements of ,, this Declaration shall be deemed to have received compliance. ' r 14. Underground Wiring No above ground communication, electric or television lines or cable shall be permitted to be placed anywhere in PERSIMMON , WOODS other than *AM boligUngs or structures. It is intended that all such necessary and approved conduits and cables will be constructed,placed and maintained underground. owners of lots in PERSIMMON WOODS shall be responsible I' for the maintenance of parkways located between their lot lines and the edges of street pavements on which said lots face. 16. COLLINS DEVELOPMENT C RPORATION Option to Purchase Ilii COLLINS DEVELOPMENT CORPORATION, and its successor or assign, hereby reserves an assignable option to purchase any real property together with any improvements thereon in PER- SIMMON WOODS on the same terms and conalons as may be gained in any bona fide offer that any owner of any such ;i property and improvements may receive from time to time for the p ara purchase thereof.COLLINS DEVELOPMENT CORPORATION, or its successor or asap, shall have 15 days from the day it ij a l I } ID W s' 336 Nov 1 I' li received written verification of said offer (or copy thereof) front any owner to notify said owner of its decision as to whether or not 1 is will exercise its ootioos to purchase said property and improve- Said be to COLLINS DEVELOPMENT CORPORATION, or its successor or assign, within five (5) days after any such offer is received by such owner--and shall specify o to his address and in sscb��. r if avail- !I offeror, able. Said OffitiM shall be effectively exercised, if at all, by a written notice from COLLINS DEVELOPMENT CORPORATION,or its mccessor or assign, mailed or delivered to said owner within said j 1: ley period wherein COLLINS DEVELOPMENT CORPORA TIt ,or Its successor or assign, agrees to purdtase said premises on said terms and condition. The aforesaid right of first refusal shall N not y to mortgages, Trustee's deeds and mortgage foreclosure mocerelings including judicial sale. Should COLLINS DEVELOP- MENT CORPORATION, or its successor or assign, fail to act 11 within said period so to exercise its option, then the owner of said somises shall have the right to sell said premises to said offeror on said terms and conditions subject to each and every restriction. it imitatice and condition hada contained.This option shall terminate j 21 years after the date on which this Declaration is recorded, ', Irate sooner r t a t the discretion of COLLINS DEVELOP II �. RENT CORPORATION. �I 17. DeviationA s by Agreement a nt with COLLINS DEVELOPMENT ! . COLLINS DEVELOPMENT CORPORATION, hereby reserves 1j the right to enter into agreements with the owner of any lot or lots r. the=sem of owners of other lots or adjoining or ad, ,ent property) to deviate from any or all of the Covenants set forth in this Article IV, provided there are practical difficulties or y particular hardships evidenced by the petitioning owner, and any such deviation (which shall be manifested by an agreement in writing) shall not constutute a waiver of the pal-Ile-War Covenant 1 involved or any other Covenant as to the remaining real property j, in PERSIMMON WOODS. ARTICLE V j PERSIMMON WOODS Community Asaoc*deu • 1. Creation mid Purposes There shall be formed an Illinois not-for-profit corporation to be known as the PERSIMMON WOODS Community Association(here- 1 in after referred to as the "Association"), whose purposes shall be to cooperate with the Developer during the course of the develop- matt period (and thereafter) by assisting with the enforcement of the high standards established for property hi PERSIMMON 9 • to) 330 • WOODS, tinder the Covenants to insure the provision of certain services and facilities of common benefit to all or the majority of lot owners,and in general to maintain and promote the desired diaracter of PERSIMMON WOODS following the intital sale by , , by the Developer. 2. and Vedas ** DEVELOPMENT CORPORATION, its successor or asIg , and every record owner of a fee simple interest in PER- SIMMON WOODS, shall become and be a member of the Asso- ciation, and each such member, including COLLINS DEVELOP- meat corporation, shall be entitled to one vote on each matter sibmbsed to * vote of members for each lot owner by him or it,or,in the case of COLLINS DEVELOPMENT CORPORATION, or its successor or assign, each lot beneficially owned by it. Where Me to a lot is in the name of more than one person, such co- owners mast designate one spokesperson and shall be entitled to lath. ale vote. of tbe Aspedados • Association shall have the following powers: a) To the extent such services are not provided by any govern- mental body: (I) To care for, spray, trim, protect and replant trees on all streets and in other public places where trees have once heal phinted,and to care for, protect and replant shrubbery and grass in the parkways which are in the streets and set NW for the general use of all residents and owners of • property in PERSIMMON WOODS. (2) To provide for the plowing and removal of snow from public sidewalks and street. (3) To spay and to take other measures for mosquito and fly. abatement with PERSIMMON WOODS. (4) To employ duly qualified peace officers for the purpose of providing such additional security protection as the Asso- datien may deem necessary or desirable in addition to that provided by any governmental body. (5) To maintain entranceways and any other common ground accepted by the Association in PERSIMMON WOODS. b) •. mow, care for, and maintain vacant or improved property. • •ve rubbish from same, and to do any other things neces- sary or desirable in the judgment of the officers of the Asso- ciation to keep all private property and all parkways in treat of say property in PERSIMMON WOODS neat in appearance • *Win good order. Accompanying this authority will be the right to make and collect reasonable charges, not to exceed the cost to the Axio- m • • a ' . • : 33Q. illk d I 4 dubs, from the owners of such property — and the rIelg to a such as*remedy. 1 , for the mainteoance of facades in any 1 • or oloIrmoroorl.ar on any land set aside for the mineral me of the property owners and residents in PERSIMMON I� t- 4,#.h o own or lease such iad estate as may be reisonably paces- , ht order to carry out tWit purposes of the Association, to pay taxes on such rad elate as may be owned by it. e To make such improvements to the entranceways to PER- , imd parkways wkhin:amps in PERSIMMON WOODS and provide such other facilities and services as may be authorized from One to time by the affirmative vote of two tMrtk of the members of the Msociation acting in accord- anae with ks constkmion and by-laws, provided, however, thm any such action so authorized shall always be for the express pmpose of 1 ER.SIMMON WOODS a highly desirable ;I y. Matted of Pro General Funds i� a) For the purposes of a II ,- Association fund to enable the to exercise the powers, make and maintain the li and rimer the services herein proves for, • the Board of Governors of the Association shall estimate for i� each year the tete required of such had for such year and may levy an animal assessment uniformly agabrst each let in PERSIMMON WOODS ha an moult not exceeding 30/I0Oths of a cent 'lied by the total square footage of Lots . . 43,560 square feet or less, 20/IOOths of a cent 1 mukiplied by the total square footage of Lots containing more than 43,560 square feet but less than. 87,120 square feet, and l lOOths of a cent multiplied by the total square footage of Lots containing more than 87,120 square feet,provided, howeva, that the annual rate of amount not exceeding: may increased by an ii (1) 30f100ths of a cent per square foot for lots containing 43,560 square feet or less, 20ll0O hs of a cent for lots °attaining more that 43,560 square feet but lei that 87,120 square feet, and I0110Oths of a cent for lots containing more than 87,120 square feet when-approved by the affirmative vote of the majority of the members;or (2) 40✓10Oths' of a can per square foot for lots containing 43,560 square feet or less, lOOths`of a amt of. lots containing more than 43,560 square feet but less than 87,120 square feet, and 20/lOOths of a can for lots containing more than 87,120 square feet when approved by the affirmative vote of tiro-thirds of the members present at a 1 , it I I i H -• i II a I' PLAN CO#O(ISSION Minutes -4- April 19, 19 • V YORK WOODS UNIT 5 - FINAL PLAT ji Kr. Bill Gahlberg represented the applicant and made the following statements about the proposed subdivision. He reviewed the Alternate Plans A, B, & C and outlined the various advantages hnd disadvantages of each as listed in his letter of March 26, 1982. Plan A utilises a cul-de-sac off of Dover Drive and contains an outlet for de tention. This Plan eliminated all flag lots. Plan B also contains no flag lots through the use of a cul-de-sac on Dover, alb- though it rearranges a number of the Southerly lots. Alternate Plan C is the Plan which the applicant would like to proceed with and which, also, has received the recommendation of the Village Engineer. This Plan does not have a cul-de-sac and retains two of the original three flag lots. ew- evr, it does provide a larger and more uniform area for detention as an outlet , also, provides an easy means of access for maintenance of this outlot. Hr. Dahlberg stated the following disadvantages to plans A & B which utilise cul-de-sacs: • • 1. Invasion of privacy of the interior lots. • 2. Attracting unwanted parking. • 3. Serving as a secluded parking area for potential vandals of the Drake Oak Brook developaent. He also stated that his client would be willing to include within the covenant* specific language dealing with the Village's right to maintain the detention area and, if necessary, place a lien on the properties in order to recover payment. He further stated that, should the Plan Commission choose one of these plans, his client's engineer will then prepare final engineering based on the particular Olen to the satisfaction of the Village Engineer prior to the next meeting of the Plan Commission. . • Chairman Reece inquired as to the means of access to the outlot on Plan C. Mr. Gahlberg stated that one of the previous 20-foot wide flag poles had been retained in order that maintenance vehicles would be able to have access to t outlot. This access drive would be left unpaved and maintained in a landscape condition. . ' Member Antonio:: noted that proposed Lot #58 on Plan C contains an "L" portion extending along Dover Drive. PLAN COIISSION Minutes -4- April 19, 198 • PLAN COMMISSION Minutes .5. April 19: 1982 I . • Y TORE WOO UNIT 5 R Psi ►P t tin ) Mr. Dahlberg suggested that this area could either be dedicated or, sore' appro- priately, tied in with the existing Drake Hotel property, since it really does not belong with Lot #98. fiber meshy inquired as to the moons which would be utilised to maintain this detention area with the applicant stating that there would be an assessment made on the twenty proposed lots notch would pay for the maintenance of this outlet. Members Bushy and Marcy fort r suggested that it might be appropriate that these Ii • twenty,lots be integrated into the existing York Woods Covenants, as they should also have responsibility for the maintenance of the entrance says. L' Mr. Gahlbeg stated that, according to their research, the Oak-Brook Development I Company, never owned Unit 5 arid, therefor, it can't simply be included in the . • existing Covenants. The applicant would, Weaver, be willing to follow any course of action recommended by the Village in co-ordinating the Covenants for this Unit with the York Woods Covenants. Huber O'Brien suggested one procedure might be for the York Woods Covenants to be rewritten in order to include maintenance of the outlet which, essentially, is 1 limited to mowing. Under this technique, the annual assessment for an individual j York Woods resident might be less, since there would be twenty additional residents paying a share of the annual maintenance cost for the entire York Woods develop- '� • meat. • . Chairman Reece suggested that it might be simpler for the applicant to have the proposed twenty lots pay a portion of the existing assessment relating to the York Woods Covenants and, additionally, pay an assessment for the maintenance of outlet A. This technique would not require the original York Woods Covenants to be modified, which might be a long and drawn out procedure involving all residents of • the York Woods area. There being no further discussion, a motion was made by Member O'Brien, seconded by Member Antoniou to •direct the applicant: 1) Proceed with final engineering based • on Alternate Plan C dated as received April 1, 1982, 2) Pursue Joining Unit 5 with the York Woods Homeowners Association making it a part of the existing York Woods Covenants, and that this item will be continued at the next regularly scheduled Plan Commis- I sion meeting in May pending resolution of the-above items by.the applicant. i • • • PLAN COMMISSION Minutes -5- April 19, 1982 I t - { . PLAi. CO!IS5ION Mast.. .6 • April 19. 1982 T YORK WOODS UNIT - 7aNAL PLAT 'Continued ROLL CALL POTS: l,abar Antoaaiaa, Board, lathy,, Narc7, O Brt *, Chairman Rooms Nays; i0? • abar Ram • 11011611 Mara . • • • 1. . • • • it • • • • PLAN CGNNISSIAQ Ninutar = - April 19, 1982 ' VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD ' OAK BROOK, ILLINOIS 554.2220 April 21, 1982 I( Nr. Bill Gablberg The Drams Ask .kook. Plass 2211.York Road . Oak Brook, Illinois 60521 1: York Woods Unit 5 - Final Plat Hear Hr. l rg:.. . -. The Plan C saio , at its regular meeting of April 19, continued the above moutiosiud it until the next meeting on Nay 17, 1982 pending resolution of I! the following items by the applicant: ` 1, Proceed with final engineering based on Alternate Plan C dated received �. April 1, 1982. 2. Pursue joining Unit 5 with the York Woods Homeowners Association making It a part of the existing York Woods Covenants. I as enclos ing a copy draft co p of the April 19, 1982 Plan Commission minutes regarding the above subject. If you have any questions, please feel free to call. -Sincerely, 'truce F. Kapf f Assistant to Village Manager fjr I Enclosure • • If.,:y>' is May 7, 1982 pgcsiviED Mr. Bruce F. ICapff MAY 71982 Assistant to Village Manager �' Village of Oak Brook VILLAGE OF OAK BROOK, IL. 1200 Oak Brook Road ADMINISTRATION Oak Brook, IL 60521 Dear Bruce: j Atta:hed are four (4) executed copies of the proprsed "Declara• 1 tion of. Protective Covenants" affecting The Drake Oak brook, Inc. 1 addition to York Woods prepared by our attorney, . Arden Rearici of Winston I;. Strawn in Chicago. Mr. Rearick has been in touch with attorney John Brechin and I will not attempt to ex lain the format. Apparently the fact that we are not the origina ec arants (Oak Brook Development Company) 1! and because of the necessity to provide for provisions at this time that were not required originally - explains the need for "addi- tional covenants. Mr. Rearick-will' We—in 'attendance at the Plan Commission Meet- it ing on May 17th,- and I feel confident he will be able to answer any questions the members might have, as well as any explanation attorney Brechin might require. Sincerely, WILLIAM E. GAHLBERG $ ASSOCIATES Oft 4 lli E, Gahlberb (\ For T e B e Owners WEG f pm it Enclosures cc; Mr, J. Arden Rearick Mr. Charles Brashears Mr. E. L. Brashears Mr. James A. Bailey aedI war INITRICSTIL omtf . • DECLARATION OF PROTECTIVE COVENANTS 1 AFFECTING THE DRAKE OAK BROOK, INC. ADDITION TO YORK WOODS THIS DECLARATION, made this day of , 1982, by The Drake Oak Brook, Inc. (hereinafter called "Declarant") , ii WITNESSETH: WHEREAS, Oak Brook Development Company has heretofore caused certain tracts of land in the East half (E 1/2) of Section 25, Township 39 North, Range 11 East of the Third Principal Meridian, DuPage County, Illinois, to be subdivided and subjected to certain (; conditions, covenants, restrictions, reservations and easements which are more fully set forth and are collectively referred to as "Covenants" in a certain declaration (hereinafter referred to as the "York Woods Declaration") recorded in the Office of the Recorder of Deeds of said County on October 5, 1962, as Document No. R62-35480, and; WHEREAS, Declarant is the owner of the real property known as "The Drake Oak Brook, Inc. Addition to York Woods" which is more fully described below in this Declaration, and Declarant desires to subject said real property to the burdens and benefits of the aforesaid Covenants and to the burdens and benefits of the additional conditions, covenants, restrictions, reservations and easements hereinafter set forth in Articles II and III of this Declaration, all of which additional conditions, covenants, restrictions, reservations and easements are hereinafter collectively referred to as the "Additional Covenants." NOW, THEREFORE, The Drake Oak Brook, Inc. hereby declares that the real property described and referred to in Article I hereof is and shall be held, transferred, sold, conveyed and occupied subject to the Covenants and the Additional Covenants. ARTICLE I 1 PROPERTY SUBJECT TO THIS DECLARATION The real property which is, and shall be held, transferred, sold, conveyed and occupied subject to the Covenants and Additional Covenants is located in the Village of Oak Brook, York Township, DuPage County, Illinois, and is more particularly described as follows, to wit: SITED MAY 71 VNIAIIMAN BROM IL AtItomarrstomaN * _ 3D Lots 41 through 61 inclusive in The Drake Oak Brook, Inc. Addition to York Woods, being a subdivision in the Northeast one- quarter (NE 1/4) of Section 25, Township 39 North, Range 11 East of the Third Principal Meridian according to a plat thereof recorded June , 1982 as Document No. in DuPage County, Illinois. For convenience of reference the real property aforesaid is hereinafter referred to as the "Addition. " ARTICLE II LOT 61 Section 2.1. Purpose and Use. Lot 61 in the Addition has been planned, designed and designated as an area to receive surface water that may be wont to flow naturally thereon from other portions of the Addition and to serve as an area for the detention and gradual disposal of such surface waters by evaporation and natural seepage and drainage processes.. Concurrently with the recording of this Declaration, Declarant shall convey Lot 61 to York Woods Community Association which is hereinafter and in the York Woods Declaration referred to as the "Association." The Association, its successors, grantees and assigns shall hold legal title to Lot 61 and shall maintain Lot 61 in an unimproved and vacant condition. Without the consent of the Village of Oak Brook (the "Village") and the owners (herein called "Adjoining Owners") of those lots in the Addition which share a common boundary with Lot 61, no building, structure or improvement shall be constructed upon Lot 61 except that the Association may, if it elects so to do, and shall, if requested in writing by the Village or by a majority of the Adjoining Owners so to do, fence Lot 61 with a fencing material acceptable to a majority of the Adjoining Owners. Such fencing shall contain gates which will permit access to Lot 61 by the Association and the Village and their respective { g pective officers, agents, employees and contractors for the purpose of enabling the Association to perform the work hereinafter provided to be performed by the Association and for the purpose of enabling the Village to perform the work hereinafter permitted to be performed by the Village. Section 2.2. Maintenance of Lot 61 by the Association. The Association shall keep- and maintain Lot 61 in a sightly and sanitary condition and shall cut the grass and weeds that are • ' 3 n r . • . 4 WA-33° wont to grow thereon and remove therefrom from time to time the debris that may collect thereon. In addition thereto, the Association shall maintain, repair and renew the drive-way which connects Lot 61 to Windsor Avenue (including the paved surface, if any, thereof) and any and all ditches, culverts or other facilities whatsoever located therein or thereon excepting, however, the facilities, if any, of the V0.1lage or of any public utility. Section 2.3. Assessments. The Association shall levy from time to time upon the owners of the Lots in the Addition (other than the owner of Lot 61) such assessments as may be required in order to provide funds to enable the Association to discharge its aforesaid obligations with respect to the fencing and maintenance of Lot 61. Such assessments shall be in addition to any assessments levied by the Association pursuant to and in accordance with the York Woods Declaration. Each such assess- ment shall be allocated among the owners of the lots in the Addition (other than the owner of Lot 61) on an equal basis to the end that the owner of each lot in the Addition shall assume, bear and pay 1/20th of the amount of each such assessment. Declarant, for each lot in the Addition owned by it, hereby covenants and agrees to pay and each owner of any lot in the Addition, by acceptance of a deed or conveyance thereof, whether or not it shall be so expressed in any such deed or conveyance, shall be deemed to have covenanted and agreed to pay to the Association such owner' s share of any assessment as that may be levied from time to time by the Association pursuant to the foregoing provisions of this section. Each such assessment, together with such interest thereon and the costs of collection thereof (including reasonable attorneys' fees) as hereinafter provided, shall be a charge on the lots in the Addition and shall be a continuing lien upon the lot against which such assessment was made. Each such assessment, together with such interest and costs aforesaid shall also be the personal obligation of the person or entity that was the owner of such lot at the time when the assessment fell due. The proceeds of assessments levied by the Association pursuant to the provisions of this section shall be used only for the purposes expressed in Section 2.2 and shall not be used to pay or defray any other expense of the Association. Section 2.4. Delinquency. Any assessment levied by the Association pursuant to the provisions of Section 2.3, which is not paid when due, shall be delinquent. If any assessment is not paid within fifteen days after its due date, the Association may, at its election, require the owner to pay a "late charge" in a sum to be determined by the Association, but not to exceed Fifty Dollars ($50.00) per each delinquent assessment. If any such assessment is not paid within thirty (30) days after the delinquency date, the assessment shall bear interest from the date of delinquency at the highest level rate under the State of Illinois, but, in no event, more than one percent (1%) over • Oa 3 . -33 4 • the prime interest rate charged by Continental Illinois National Bank and Trust Company of Chicago to its most credit worthy customers, and the Association may, at its option, bring an action at law against the owner personally obligated to pay the same, or, upon compliance with the provisions of Section 2.5 hereof, to foreclose the lien against the lot provided for in Section 2.3, and there shall be added to the amount of such assessment the lat charge, the costs of preparing and filing the complaint in such action, and in the event a judgment is obtained, such judgment shall include interest at the rate aforesaid and reasonable attorneys' fees, together with the costs of the action. Each owner vests in the Association, its grantees, successors and assigns, the right and power to bring all actions at law or lien foreclosure against such owner or other owners for the collection of such delinquent assessments. Section 2.5. Notice of Lien. No action shall be brought to foreclose the lien of any assessment levied pursuant to the pro- visions of Section 2.3 until thirty (30) days after the date of notice of claim of lien is deposited in the United States mail, certified or registered, postage prepaid, to the owner of said lot, and a copy thereof is recorded by the Association in the Office of the Recorder of Deeds of DuPage County; said notice of claim shall recite the legal description of such lot, the record owner or reputed owner thereof, the amount claimed (which shall include interest on the unpaid assessment at the rate provided in Section 2.4, accrued late fees and expenses of collection in connection with the debt secured by said lien) , and the name and address of the claimant. Section 2.6. Curing of Default. Upon the timely curing of any default for which a notice of claim of lien was filed by the Association, the officers of the Association shall file or record, as the case may be, an appropriate release of such notice, upon payment by the 'defaulting owner of a fee, to be determined by the Association, but not to exceed Fifty Dollars ($50.00) , to cover the cost of preparing and filing or recording such release, together with the payment of such other costs, interest or fees as shall have been incurred. Section 2.7. Subordination of Assessment Liens. The lien created on a lot pursuant to the provisions of Section 2.3 hereof (such lien being hereinafter referred to as a "Section 2.3 Lien") shall be subject and subordinate to the lien of any mortgage, trust deed or deed of trust (herein collectively called "Mortgage Lien") which may from time to time encumber said lot, and the foreclosure of a Section 2.3 Lien on a lot shall not affect or impair any Mortgage Lien on said lot. The sale of a lot pursuant to the foreclosure of a Mortgage Lien or the recording of a deed given in lieu of the foreclosure of such Mortgage Lien shall extinguish any Section 2.3 Lien existing on such lot on the date of such sale or the date of recording of such deed, as the case may be; however, the extinguishment of - 4 • 411• . . ' a Section 2.3 as aforesaid shall not prevent nor affect the subsequent creation of a Section 2.3 Lien on such lot which secures an assessment levied pursuant to Section 2.3 but subsequent to the date of such sale or the date of recording of such deed, as the case may be. Section 2.8. Rights of the Village. In the event the Association fails to perform the obligations required to be performed by it pursuant to the provisions of Section 2.2 and such delinquency shall exist on the part of the Association for a period of thirty (30) days after the date of delivery by the Village to the Association of written notice advising the Association of the existence and nature of such delinquency, the Village shall have the right to perform the obligations required to be performed by the Association pursuant to the provisions of Section 2.2, and in the event the Village elects so to do, the Association shall pay to the Village the amount of the cost and expense incurred by it in the performance of such work. If the Association fails to pay the Village within thirty (30) days after the data of the Village's demand for payment, the Village shall have the right to levy an assessment for the costs and expenses incurred by it in the performance of such work to the same extent and as fully as the Association might do pursuant to the provisions of Section 2.3 hereof. If any lot owner shall fail to pay to the Village such owner's portion of such assessment upon the due date thereof, the Village shall have and shall have the right to exercise the rights, power, privileges and remedies granted to the Association ')y the provisions of Section 2.4 subject, however, to the provisions of Sections 2.5, 2.6 and 2.7 hereof. ARTICLE III GENERAL PROVISION Section 3.1. Lot Ownership in Trust. If title to any lot in the Addition is cpnveyed to a trustee ("Trustee") of a title holding trust, and 'if under the terms of such trust all powers of management, operation and control of said lot remain vested in the trust beneficiary or beneficiaries (herein collectively referred to as "Beneficiaries") , then and in such event, the Beneficiaries thereunder from time to time shall be responsible for payment of all obligations, liens or indebtedness arising from or growing out of assessments levied pursuant to the provisions of Sections 2.3 and 2.8 hereof and for the performance i of all of the terms, provisions, covenants and agreements of the Additional Covenants under this Declaration. No claim shall be made against any such Trustee personally for payment of any • �I - 5 - vlAt--33t> obligation, lien or indebtedneess created pursuant to the 1 provisions of the Declaration, nor for the performance of the ! terms, provisions,, covenants and agreements of the Declaration. The amount of any Section 2.3 Lien or obligation shall continue II to be it charge or lion upon any lot held in trust and a personal obligation .of the Beneficiaries of such trust not- withstanding the transfer of the interest of the Beneficiaries of any such trust or the transfer of title to such lot. Section 3.2. Term of lxi tence of Covenants and Additional. Covenants. The Covenants an& 1Kr one over►ants as sa • terms are respectively defined in the Recitals of this Declaration) shall continue in full force and effect and be binding upon and inure to the benefit of the owners from time to time of the lots in the Addition until such tine as the Covenants *hair cease and terminate in accordance with the terms and provisions of I the York W Declaration. IN WITNESS WHEREOF, The Drake Oak Brook, Inc. has caused II this instrument to be executed and its corporate seal to be hereunto affixed by its duly authorized officers time date and year first above written. THE * Z - A. , BROO' , INc. I res cent ',, II ATT Y air W 4, 00•01010 Secretary . x :'. = ., �.a< � .�, ..,�x.�h,.�a�. , , y • ° STATE OP ILLINOIS ) ) SS COVNTY OF D ) I. ,/, . , J 47.4 4e Y a Notary Public in and for the County a State a,.ore sa , o ,ereby certify that .6-.0ksf L 64 $,'-iS , personally known to as to tfie a° .,;asident of The Drake Oak Brook, Inc,, and , personally known to ao to be the Secretary of said corporation, and personally to tee a be the sane persons whose names are subscribed to the foregoing instrument, appeared before as this day in person and severally acknowledged that such `'r'ic president and — Secretary, they signed anrTinfirred said instant as r;t c President and -- Secretary of said aorperatic t a caused the cor m s seal of said cation to be affixed thereto, pursuant to authority given by the Board of Directors of said corporation, as their free and voluntary act, and as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. Given under ay hand and notarial $e,a this 74' day of Y , 1982. tory c • My commission expires: NOTA&Y tt5LI STAN Cf tUHOIS M1 AA SSOfetiftUfS NOlt 21 Mid asust Dal$UNO*S NOTALt ASSQ . • • • ((t( fLL • III 4 E-2116 a • x7/82 Page 1 % ENGINEER'S ESTIMATE OF COST .4 YORK WAS UNIT ;! ITEM APPROX. UNIT AMOUNT • - pUANTITY PRICE ', A. WATER DISTRIBUTION •SYSTEM 1. Fire Hydrant (complete) 2 ea. 1000.00 $2000.00 2. 1" dia. services (complete) 18 ea. ' 250.00 4500.00 3. 1%" dia. 'services (complete) • 2 ea. 300.00 600.00 TOTAL ESTIMATED WATER SYSTEM COST $7,100.00 B. STORM SEWERS • 1. 6" E.S.V.C.P. (including wyes) 250 L.F. 8.00 $2000.00 2. 8" E.S.V.C.P. (including wyes) 542 L.F. 9.00 4878.00 3. 10" E.S.V.C.P. (including wyes) 588 L.F. 10.00 5880.00 4. 12" E.S.V.C.P. (including wyes) ' 340 L.F. 12.00 4080.00 5. 18" R.C.C.P. , Type I, ClasslV 135 L.F. 16.00 2160.00 6. 21" R.C.C.P. , Type I, Class IV 190 L.F. 21.00 3990.00 7. Inlets (2' dia.) complete . - .. 8 ell.' 300.00 2400.00 8. Special catch basin (4' dia.) complete 3 ea. 850.00 2550.00 ' 9. Manhole (4' dia.) complete 3 ea. 1000.00 3000.00 10. Manhole (5' dia.) • complete 1 ea. 1250.00 1250.00 11. Revision to existing M.H. 1 1 ea. . • 250.00 250 .00 12. Revised cover for exist. M.H. 2 1 ea. 100.00 100.00 TOTAL ESTIMATED STORM SEWER COST $32,538.00 . C. EARTHWORK . 1. Topsoil Stripping 10186 c.y. 1.25 12732.50 2. Clay and Misc. cut 3609 c.y. 1.75 6315.75 3. Misc. fill (5% shrink) 7744 c.y. - 0.00 4. Topsoil respread (.5I shrink) 5361 c.y. " " 0.00 _ TOTAL EARTHWORK COSTS $19,048.25 * • D. SANITARY SEWER SYSTEM . 1. 12" E.S.V.C.P. (oversized per H.S.D) - 1283 L.P. 20.00 25660.00 2. Manholes (4' dia.) complete 6 ea. 1500.00 9000.00 3. Auger 148 L.F. 35.00 5180.00 ii pCiEnrEID TOTAL ESTIMATED SANITARY SEWER $39,840.00 • • MAY 7 1982 • • . V11.10 OF AlThu irr11t;ATION • . • ' Alkyikw330 lit:4111.:. • 1 ITEM APPROX. • UNIT AMOUNT • # {�1�°Y w . 4 LANDSCAPING 1. Trees (21" caliper) complete 61 ea. 100.00 $6100.0 2. Hydro-seeding & fertilizer 20560 S.Y. .30 9168.00 3. Vegetative Filters - • 16 sa. • 50.00 900.09 • . . •• TOTAL ESTIMATED LANDSCAPING COST $16,068.01 ELY A. WATER DISTRIBUTION SYSTEM 7,100.0 • S. STORM SEWER SYSTEM 32,538..0 -i . . C. EARTHWORK • 19,04$.2 k1 LANDSCAPING 116,068.0 . SUB-TOTAL• $74,754.25. b, SANITARY SEWER SYSTEM 839,840.0 tI7-- TOTAL • $114,594 .24 II i I I ' THIS • IS TO CERTIFY THAT THE ABOVE ESTIMATE DF COST WAS PREPARED 1 BY THE UNDERSIGNED -AND TO THE BEST OF MY KNOWLEDGE REFLECTS • . CURRENT COSTS 'OF CONSTRUCTION''FOR THE ABOVE. ' / '' aJ• 'REG. IL. ENGR. 367 - ••DATE• • • 1 1 I . _ a s - 411 Witi-633to 41, /7/112 ENGINEER'S IsTrmarz OF • '' S ANITARY SEWER SYSTEM* ESTII4A G & E T ION,�£;QSTS Rg9UESTED • yHINOASS , IT , - • QUANTITY', UNIT AN0QN 1. Oversising E.S.V.C.P. from 8" tO 12° • ($15.00 L.F. vs $20.00I....?.) 1283 1.F.. +S.00/L.F. $ 6,4 . 2. Additional E.S.V.C.P, . y,.entiou /� p requested by H.S.D. - 703 L.F. 15.00/4.F. $10,5 3. Additional 4' die. M.H. requested- due to' extention requested *• R.S.D. 2 sar. 1500 ea. $ 3,0 • i. Auger under Windsor Drivee, , .. . . Auger under exist. 62. 8.8. - 88 L.F. 35.00/L.F., $ 3,D 0. TOTAL $23,0 ,0,:' THIS 'IS TO CERTIFY THAT THE ABOVE .ESTATE OF COST WAS PREPA, BY. THE UNDERSIGNED AND TO- THE BEST 'OF NY KNOWLEDGE REFLECTS CURRENT COSTS OF CONSTRUCTION FOR THE ABOVE. ' 7ff J4L& 367 DATE • • • • • • • • • • • • } 41111111* * i. 0 i ( IVIED • MAY 71982 • • f: - WL AGE OF OAK BROOK, IL r AOMINi$TRATION • ! . • - ..• . ,c':AL �rr,4..�a1r c..:14J�rs -c?97z3 pr." STORM DETENTION AILL.at taus RELIASS RA?E':.'Q1"`""exW.?3 !. _/ r • a FOR ,. 1' F.zx Ant^t „Iwo.7.'6'. eO.27,..v/4.33 a /.4G A wcm ` a r . 2a3Ot�^`•, c..G x 14.3.3" :95 A v.- Gar ptcers 24723 ar` •9 L9a•2i x/4-93"/I.9-t=A �AAf! if .7.1.2_ tf..v/T..5 £9725,71 IGJ.4?: %t.33 1If COevre yeas /•'Lqt' (..,vc &4' //4,011 3 (L/rn u lnlr) • V"09.. iv 9.13) • ., RREA .t c fIc A rc�w.E.9..ABE�! ` 2 3 4 5 6 . + O'I t4.4-.... __..9' . .... 1.31 .. °r'.•ME RAINFALL MP 1.0* PATE RELERr.P.RATE S7ORAGE OEYENTOI VOL • ' A rIiAL1 PACT. —._�9 ... • o -.i 0 .._. ' .G7V ....._. . ua• W,tMlir, _!N_.JNR 1N/NR. RATE :V?$I. ACRE.FT. x.PAA ED AREA•11.91...^. • —.3-3 .._s r _._4.11.1... .-- I ......0, __10..®a 4.12.5_.. _» -�... .4� r IGYOL 1t4fA �.4.:�� _ FACTORED AREA Gq.�i!lt___....._ ..e � _ 7.!0O_._. ,_ 3.?i'f._.. __ ,I• Lau- -9.7 '' 1, 1..44 3:3_ _ .-c.o._ .`.•a '�.�. �_._...._ • 2ar:�',t_..., ♦ v .`+ I_AVERAGE COEFF:C1ENT. G"-• -- • ¶ GC 1.+[.u: is= �_.3.'1#- ACRE FT. -.. � _ __IA-c . __._.1�9ti_ .. -.l:_.ea-- ___j : RELEASE RATE tctsI= .•l:�.tf.:1.f3`xC.X 1_ ?.'.1 CFS --._amt. 7.i./=d.._ ._L..7.14._._ I....Ia&__,...._1.:.1.-.. is I. �� -k- I f4rA I ;."Its- ,. STD.IAGC AviLAaLE: a� .. [' .?� ......2-3- :'' 1 COMt +I� AREA Yaul►I� STORAGE - ' ._..L.,a.,Q....... _'/.2. .f.R Z ' 1 _R1. 4 �_ oH.Li t. .�!�Jl"'7 �: �fat f ......_...9�.r �'�,....._ — ..2,14.....e._ L Air . -�-+1aL , zb;;rte , ...2ran "� ____,e,1.�s._ ia,ao .__.:,5 2.Ca 15 ....g....-.. -.::-.;;;.)-0--.... :51_.. "i 1i1:�...... [Es-C:1.__ __..43__- ._.___.11.9___ .. ......._....09` _.�,..S ._ 'ter-1.i� e:rt_.'�0 ..C. 1.+_.:�.� _..�(.__f•.�. 6.�.�I.Qc.L._. ,__ ,.._. _...__a.L.,�r�_.-.. .�_. .a�5.4-1 4 i i...ka_0 ..:-Q.5.10.-_. ..2.a �-5, .__.,tea"___,.. .1d.�0__ ___._.la.__ ___....fly _ , { 4.___4._ i !-r,Q_fl f 1 Sri) _.f•c.,'r _',44 12tLI' - w.nto 0. _--12li . , , • I •. sick VoR RECKIIRF3 a.ta,.? A,CtaL..•r• HSD REOUIRiAT.a G-7 :;) x 14?9 Acwtt. K 3.3+1 AcRCS •!&oar 3TR:Cr :• REV PS�lc V.:•• , 7-7—* �- _.._. _ �i, �:,1G .)t3`r k :D Air:OCIAT&Si. INC. 11111111.231111111.111 .;! �_.._.. TOTAL STORAGE s .. .;.a — C.F./ c.3.u+� - A +,t _:S�— r...:::us . . ..lai•6"' t..rtvoa.f.:6. g_ 111 _ I Sc,,)*. K_;._AS°_ RA'- / v b---:.'"' _ _ .. ------7- ----- .�_ _� -- .. ., ! . ' WOODS and Asitociallto inc. 411r311000* , , 4 312 Water Street souteir NO. OP IVAPEFttiLLE, LI.tiC4S'6o540 Phone 3 .230 QAICULATEQ.r f- n /—/$•ia 0410KEQ eY . DATR SCALE. I i I- i F r— t ' 4L.t.04 JRj9L ji ` . , ' _ I i I - _ _ __.1.� R s . •t d/. ... ,,a,,..„-. Q r F . [ . t .... i... ' .... 1- - ...1.._..... ».111 _f.____ _ ._ r6.„-,'. i i 1 . I .4_1 , i 11.• 1 1 I I 1..__ „.. .., ___ ____ ____ ..........i."........1_ , 3 F E _i . 1 -1...,..4. ............ ....- 1 1 1 ' . ..22-,-4)s.-.i-•,—i----t--L.--ti-I-L-.;v I%.,--.'".-'''''- i , -# i 4 { I ! . ' I I . I ! 1 ! :_i ' ' , 1 I 1 1 f ! # 1 t 1 1 f 4 4 ; �r t f jiy a t Ji'LffL�. t!'L(. 1G i�a J� � i ..b549 7r:V :►.!s9' ! mini i ... ft _ _ _ a '.. i i i/ .l�r�CA � r/l `t_ Y i i t t ... I � �--�,�. .,,�� cif_: �s17G'..��='".�4'_. _ :"l_C... _._._• an i ( i G1 1":P4. _ .—. f I I f_._ i # I 0.4,420, i • , i i , I ' . i n I it i*: 3w` a' 1 1 3 1 I i i i 1 i _I t{ . ' I E I ;- . ' Li 1 ' 1 . ._.^__^; + 1 ._.. � _� _ a.. _��__ _.� .___:__._._�___ _ _1 _^ : . .:_._.• . 1-.. _.F � . �_-. : w �.. �. _.-. _ . . .. +... : ... • i. i '-,i , .1 , 1 ! 4 4. ZI:IT ` � , # a R.C.C.P h r..{?i i i FROM TO LBw1GTlt Ts!ar / .i✓c.r. T%rn ....... F......._.{. Co■ g, Roa -a * —_. .. YSS`t�.xi CY[�*.� CbNC:El1TlZC�i"1.'w) 'C•!. ' `LOPE. # E'1 i::i: i rgYil I - a 1745...__. IJ7 0.. __I I.7.50._O_ .5...4110i.. . �1_.�! 4:0 c s ......r 0057 8" 4r,� S .10 ! .t?il• 2.r✓ 1 • ...2._... 3 •_3C�7. ......._ __.c.250_: .._.1to40 . ±t2..LT.46.=.00.. 2_. __._..1..__. co 5. .._.I.04'.... _.. ..015. _.$.7- .10 L82 t'T5Z 5.0 3.7{ { __.. .31.1.5.o. :..55 V.. � 9s al ;.7 1.4-.. «_.__ 5.90 ._3.4 __ .O 3 .16. .... ,IQ 4.42 1�t4 a.a tj a a a 4.-._. Ce..i _.._9.e!__ ..__.._:..2.50. _;54.0(4.._.7....14�K ' i•4 .:L..2!l-. .._.•._ . .`' 7° _2.9.�a__. . . _.10 JO 520 1%7 9,. s i i ( ANSI CBii. C32. __too__ .....1525(X) _.I Q. ...7:14±..e.W �� 7. I L ._....._. .___. .5 _7.x.2*_ ..040. _1Q--_ a li.A Ill . . i i s ti I±i.__.1....._ ._ _ _ _ _._ _.. ,___ _ri _... _ _ } { I I i i • I 1 1, 1 1 . I [ 1 I 1' 1 1 Ii �w_... ... QQ._..... . 5t o. 2AQo._ 3..N►�w! ......�40.. 455 1.2. ..__ .010 ..10" • 10 2•40 2tO 4. _ _ ..4. . MH..2 ._.I,CQ._ 33004 X350{0..... 5.�r 4.014.91=. .. 4 ...... •2C? ... ...O1. .. '�• 4.90 , i � � i li 1 1 s ., -S I 4P1H 1 M MH.I,...,. .. «_�. 754 .4i0 S 0 • ` + i 1 C. .�f. � 'L'i8 i .MH 2 MH3.._.....12.0.1r...... ..e5ab..«.. ...csi�.. 534.. .0x.. .. ... ..9....-...40 .c,.3o. 3..84..«._ .025 : .._1 .10 4:15 I7( 8.. P.l...«_. 14143 Ci5 . 3 3kcao..... ...5r� ! .40 . 4.. I...._... .e.. .. f ._ .. _ ....__.i.._ 5 !Ss .00.. ._!0°. :IO 2.x.7 13 4.9 24 vi i 1 a 14143 X3. . .135:.__. 5%500.. 15$2150 . .OtvFcat.$)-1Mf lZ• . :0._. ..a5 ..8 93....... .047- ...1p . .03 9.00 1X)7 5.1 ;; c. .. .C64. ....19Q......_.. .4.2.050._. ....1.9.725. G..+..' ' . a. ..e.e. . _. .Q:._.&.a 1Q. 1.1...14._.. .005 .21" .! - - _ _ . .:. f/, ! i i i i i 1_.. _ CB 2v .__.mod___. 310 ... 3 . 3. _ .... a ..._. _40�._ «�i�!_.55....._c° .0c._ ....Q �.� _8... !4 2.21 1 t3 4.2 1 [i i, r f i �~ _N 4 !• _ ai �. _... .._ «#.._ ..... 1 1 • R'4%430.. "'arm vor VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS May 12, 1982 084-2220 MEMO TO: Bruce F. Kapff - Assistant to Village Manager FROM: John H. Brechin - Village Attorney SUBJECT: CoVenants - York Woods/Unit 5 • The following comments might be appropriate on your response to the May 7, 1982 letter and attached covenant submitted by William Gallberg: 1. The second paragraph of Section 2.1 should be amended to allow any structure reasonably necessary to effectuate the purposes set forth in the first paragraph of that Section. In addition this Section should be amended that any fencing materials allowed must also be acceptable to and in conformance with Village standards. 2. Some formal indication should be given by the York Woods community association as to the acceptance of the lots and questions as being made a part of and subject to the previously recorded 1962 cove- nants. In addition that organization should also formally indicate its acceptance of these addi- tional covenants since, as I understand it, that association would be the enforcing body for the duties thereunder. 3. You might also wish to check with the Engineering . Department to assure that the scope of duty assumed by the association in regard to Lot 61 in sufficient for purposes of the Village and whether any addi- tional duties regarding other lots or public or quest-public improvements should be enumerated in the additional covenants. Iry .,,�� • s pb E. Sr itia cc: ter. J. A. Rearick Yil yet Attor ney Attorney at Leo . _... . • II Xiitikark ,o► /t Itotintinistration Center,55th ottd Grant Strata Minds Illinois 410521 Ii (312)s2 • Dr.John R. Thorson Superintendent Nay 13* 1982 I! • • Mr. William. 6ahiberg • The.Orake Oak Brook, Inc. 2301 York Road Oak Brook,•`Illinois 60521 Dear Mr. Gahlberg: I have calculated the amount due District #86 from your company as follows: 20 lots x .6 students 12 students • lot z / students x 120 sq. ft./student 1440 sq, ft 1440 sq. ft. x $46.29/sq. ft. z $66,657,64 $66,657.60 15. � X3.84 r 20 lots a $222.19 I` per lot sold you can see, the total due District $86 after all lots are sold is $4443. 84. I have- been told by District #53 that y �. as each individual lot is sold and that is agreeable with us as p District #53 has also agreed to again be the recelvirng district for our share of the contribution. According to my calculations, your developing c ny s per-lot contribution to the two school districts will be: ;! $296.25 District #53 •$22._9 . District #86 • •.�.44... 518 Per Lot !I ii Please feel free to contact me should you have any questions regarding the above. Yours truly, # (# 0mA:1i tar. w/� a" E. fight Dustless Manager ; E II) cc: Dr. Marguerite Bloch, District #53 Dr. John Thorson, District #86 MY 17 v0,014*(W0( SM.ta 433o AGREEMENT THIS AGREEMENT, entered into this _..L day of 1982, by and between the DRAKE OAK BROOK , INC.,FMC, hereinafter referred to as "Developer", and ELEMENTARY SCHOOL DISTRICT NO. 53, OAK BROOK, DuPage County, Illinois, hereinafter referred to as the "District". WITNESS SETH In consideration of the undertakings herein made the , parties hereto do agree as follows: 1. Developer is the owner of certain property in DuPage County, Illinois, legally described as follows (hereinafter the "Property"): SEE EXHIBIT A ATTACHED 2. The District is responsible for the education of elementary school students residing within its boundaries, which territory includes substantially all of the property. • 2. Developer is desirous of securing final approval fro* the Village of Oak Brook for the construction thereon of a single foully development consisting of twenty"(20) separate toms sites. d. The development of the Property as proposed by Developer will result in the influx into the schools maintained by the District of a substantial number of students. In consideration of the undertakings herein made by the Board and in order to cushion the impact of the influx of students and the subsequent increased costs resulting therefrom in the schools maintained by the District which will not be covered by tax proceeds next received by the District due to delay in tax collections and assessments under the method of 1.111 RIVED { MAY 171982 VILLAGE OF OAK BROW IL ADM$NiiitI ATIDN I. -330 4 assessing real estate and improvements thereon-.in effect in the State of Illinois, Developer agroes to make certain cash contributions to the District, on the conditions and in the amount and manner as set forth herein. 5. The parties recognise that the Village of Oak Brook (hereinafter the "Village") has adopted an ordinance known as Ordinance So. G 226 and entitled "An Ordinance Amending the Subdivision Control Regulations of the Village of Oak Brook So As To Provide for Contributions for School Development Purposes" (hereinafter the "Ordinance"). The Ordinance requires certain subdividers of real estate in the Village to make contributions of land end/or money to school districts operating within the Village boundaries. The District considers it to be in its best interest to handle contributions of this nature through implementation of the provisions of this Agreement rather than follow the provisions set forth in the Ordinance. Therefore, Developer and the District do hereby mutually acknowledge, understand and agree that the provisions of this Agreement shall he deemed to constitute full and complete satisfaction and performance of the rights of the District and the duties of Developer under the Ordinance, and that the Village may rely on evidence of execution of this Agreement to satisfy the condition of approval of a final plat of subdivision as described in the Ordinance. The District and Developer further agree to hold the Village, and its officers, agents and employees, harmless from and against any and all loss, expense and liability incu red in connection with this Agreement, and specifically in connection with the amount or manner of the payment of money to be made hereunder by Developer, or the application thereof by the District. 6. Developer agrees to pay to the District the sus of Two Bred Ninety- Six and 25/100 Dollars ($236.25) for each of said twenty (20) lots within tho District's territory, payable as provided herein. Payments shall be made by %:t►s Developer to the District as follows: On or before the date of closing of the sale of the first lot within the District's territory, the Two Hundred Ninety- Six and 25/100 Dollars ($296.25) covering that lot shall be paid by Developer (2) . • . Q to the District. The some procedure meal' be followed for successive lot soles through the 20th gala. Coatemporsmeowly, with the.receipt of the pay- soot for a particular lot from the Developer, as provided for herein, the District shall execute and deliver to Developer a recordable release of the covenant and/or lien relating to said lot or Iota. iothing hareie shall be construed to limit in any respect the use or application by the District of any funds received from Developer hereunder, and Developer does hereby ex- pressly waive axy right it may have under the Ordinance to claim a refund of any contributions to the District which are not used for the purposes described in the Ordinance. 7. This Agreement shall be recorded by the Developer upon approval by the Village of Oak Brook of the final plat of subdivision, and upon such recording, the undertaking by Developer to make the payments to the District provided for herein shall constitute a covenant that is imposed upon the Property, and such covenant shall run with the land. The covenant imposed thereby shall, however, at all times be subordinate to and subject to the Ilea of any mortgage or trust need now or thereafter in force affecting all or any portion of the real estate to which this cove ant is applicable. B. This Agreement shall be biadiug upon the parties hereto and their successors and assigns and upon any suba.quent titleholder of the Property, provided, however, that if for whatever reason Developer doom not obtain the Village of Oak Brook's approval of the final plat of subdivision of the Property, this Agreement shall be null and void and shell not be binding on either of the parties hereto. 9. Developer and the District agree to cooperate fully with one another is the implementation of this Agreement, and in connection therewith to execute any and all additional documents necessary to give full effect to the provisions of this Aareement and to satisfy any conditions of final plat approval of the subdivision by the Village of Oak Brook. 3) M ' VS WITNISS WIDRODY, the pestles hereto have reseed this itseemeet to he by dolt duly authorise( elf/sere for a.d oa behalf of the pestles hereto the d*y sad year first above written. U CAR q INC. SCNOOL DISTRICT >N,l. 53 Duress SAR SNOOK Cesety, It/tools Af 4 saZn ..y,v.ti„. Of At c.I ._. 41, 1111 • \ - KRUM ■A" Lots 61 to 62, iselusfaa, #.a lk tlaa�ia * amiilie#1LOR of a past of tha *artbaaat QQart rr of $ortMs 2S, Toolirktik U, bast of Os Mint Pr 1p.l ,�x2lfaoa#a. eta 61 mod 62 aors Iota mai ma as ar *ball be p.14 far .akmal • di - di• qm, II iI i! VILLAGE OF OAK BROOK 1 1200 OAK BROOK ROA D OAK IiL. .�K, ILLINOIS j Vey 14, 1982 454.2220 MMMO TO: Drone P. off, Assistant to Village Messier ( d Dal* L. > f Jr.,ey, P.R. I' SVEJECT: T'os°k Woods Unit I - Preliminary Plat and Yinel Plot } it Oa y• Mly 10, 1982, I received the revised Engineering drawings for the above stated subject. 2d is week has not afforded enough ties for a complete and detailed review of these Regis...rift drawings; however, I would like to note the following: 1 F compliant* with Alternate Plan C previously lame are snbetaatiall presented to the Plan Commission. This plan has two (2) residential flag lets and a detention flag lot. 2. I have reviewed the plat and find only nor revisions that have to be � =. #_; made regarding it's compliance to the Subdivision Regulation.. l 1I3. I have reviewed the master utility plan sad the grading plan for this subdivision and, so far, foetid only minor revisions or issues that I must review and discuss with the developer's engineer.neer. it 4. I will continue to review these plans and hopefully have a full and complete review by the Village Board acting of May 25, 1982. In light of the above, I raced that the Plan Connissioa conditionally approve this subdivision subject to my furth r review and compliant* with the Subdivision Regulations and any respective technical engineering issues. I et Belly submitted, � A +;146/44/ ( Dale L. Morley, Jr., P.1., Village Engineer ,_.,... 4,. r o.t. . ,''-., #.k saU,.: I. 40046:0 4 ii it VILLAGE OF OAK BROOK 1200 OAK BROOK RO A D OAK BROOK, ILLINOIS 654-2220 it May 14, 1982 • MEMO TO: Plan Commission FROM: Bruce F. Iapf f SUBJECT: York Woods Unit 5 - Final Plat The Plan Commission, at their meeting of April 19, 1982, directed the applicant to: 1. Proceed with final engineering based on Alternate Plan C. 2. Pursue joining Unit 5 with the York Woods Homeowners Association making it a part of the existing York Woods Covenants. As noted in Dale's memo of May 14, 1982, revised engineering has been submitted i; to the Engineering Department, although Dale has not had sufficient time to fully review these plans. It is his suggestion that the Plan Commission could recommend approval of the Subdivision conditioned on Dale's final review and approval of the Plans. The applicant has also submitted draft covenants which would provide for the maintenance of the retention area on Lot #61 as well as incorporate the proposed subdivision with the existing York Woods Homeowners Association. We have not, however, received any indication from the existing York Woods Homeowners Associa- tion on the acceptability of the proposed document. • Although the applicant was not specifically directed to do so at the last Plan II Commission meeting, we have yet to receive a copy of the agreement with the respective high school district concerning the school contribution. Receipt of this agreement could be made a condition by the Plan Commission in its approval Of the Subdivision. In the event the Plan Commission wishes to recommend approval of this Subdivision, it would be appropriate to include within that motion of approval language rec nding waiver of the one-year time limit for filing of a Final Plat application followig approval of the Preliminary Plat which, in this case, took place in 1973. Respectfully submitted, iirAt:;40000,:oe *rue. Y. Impff L i . � NO -330 I, 4 • PLAN commIsslos Mutes -5- May 17, 1982 : V YORK WOODS UNIT5 - FINAL PLAT The following persons presented the petition for the applicant: WilliamGahlberg; ' Glenn Vesely, Engineer; Ken Woods, Engineer; Jack Rearick, Attorney; Larry Brachears, Owner. Mr. Gehl-berg described the revised Plat of Subdivision dated as received May 7, 1982,]i which was prepared in response to the Plan Commission's direction and after consultation with the Village Engineer. He stated that the present plan now contains two buildable flag lots as opposed to the original plan which contained three. The previous third flag lot has been made into a detention easement (Lot 61) which has access off of Windsor Drive by means of a 20-foot wide strip. • Concerning Covenants, Mr. Gshiberg stated that their research has shown that the Oak Brook Development Company did not formally own this portion of land. As such, this Unit 5 cannot simply be included by reference into the existing York Woods Covenants. Instead, a separate set of Covenants must be recorded for this unit which deal with all of the responsibilities of the existing Covenants as well as the additional • maintenance responsibilities relating to storm detention on Lot 61. He submitted a revised copy of these protective covenants. He also submitted two documents oncerning the required school contribution, the first was an agreement dated May 14, 1982 between the Drake Oak Brook and School District 53 stating a required contribution of $296.25 for each of the twenty proposed lots. The second was a Letter of Intent from the Hinsdale High School District #86 requiring a contribution of $222.19 per lot. In response to Chairman Reece, Engineer Durfey stated that, although his review of all of the engineering plans had not yet been completed, he would attempt to do so prior to the Village Board Meeting of May 25, 1982. Mr. Rearick made the following points concerning the Protective Covenants: 1. The developer is willing to have the proposed twenty lots burdened by the provisions of the existing Covenants. 2. The developer does not want to burden the existing York Woods Homeowners with the additional maintenance of the detention area, Lot 61. 3. It is their intention to deed ownership of Lot 61 to the existing York Woods Homeowners Association, who would then administer it. 4. He has been in contact with Mr. George Klein, current President of the York Woodsl Homeowners Association, by telephone and has received conceptual approval of the above. structure, although Mr. Klein stated that the agreement would have to be ' '! approved by a vote of the Association. Attorney Brechin stated that the Village would require some form of formal acceptance !. of the above arrangement by the York Woods Homeowners Association. jl PLAN COMMISSION Minutes -5- May 17, 1982 • • *frit' -6 PLAN COMMISSION Minutes 4.. May 17, 1982 . V TOE Wt0 UNIT 5 - FINAL FLAT {Continued) . Member Marcy questioned whether or not the full membership or a portion thereof would actually be required to vote on the inclusion of Unit 5. Mr. Rearick indicated that the Title Company would guarantee policy on the new lots if only the York Woods Homeowners Association Council vote being made by the entire membership. voted an it, as opposed to a Be further stated that the maintenance of Lot #61 would, in any event, be guaranteed by the Village through specific rights contained in the Covenants which.would permit the Village to maintain the area and bill the Association for such charges and place a lien on the property if necessary. • General discussion ensued concerning proposed Lot #62, which is approximately 7 feet by 20 feet in dimension and is located along Dover Drive adjacent to Lot 58. • Mr. Gallagher indicated that the Drake Oak Brook would be willing to take this parcel, or would incorporate it into Lot #58. He indicated, however, that the owner of Lot 5$ would be• disinclined to maintain such a small strip of property which is not adjacent' to the remainder of his property. Village Attorney Brechin stated that the options would be for Lot 62 to either be incorporated into Lot #58 or to be incorporated in some manner with the Drake Oak Brook property. The Commission indicated general concensus that Lot #62 should be incorporated into Lot #58 and not made a separate lot. This would avoid the creation of a substandard lot. The Chairman noted that there were no members of the audience expressing either approval or opposition to the proposed subdivision. • In the audience, Trustee Listecki questioned the duration of the covenants, with Mr. Rearick stating that the original York Woods Covenants, as created in 1962, provided for an original term of 30 years and subsequent terms of 25 years ad infinitum. In these covenants there is, apparently, no affirmative action required by the member- ship to.reaffirm the continuation of these Covenants. There being no further discussion, a motion was made by Member Beard, seconded by Member Bushy to recommend to the President and Board of Trustees waiver of the one- year requirement for submission of a Final Plat application following approval of a Preliminary Flat as required by Article VI,. Section 1(A) of the Subdivision Regulations and would further recommend approval of the requested Final Plat of Subdivision subject to the following: 1. Final review and approval by the Village Engineer. • 2. Approval by the York Woods Homeowners Association of the proposed Covenants. 3. Waiver of the Village requirement'for Sidewalks. • FLAN COMMISSION Minutes -6-• May 17,. 1982 h As COSSUSS1,61 Icatosstss Noy 17. 1082 V Y S - PLAN Coal *DLL CALL VOTt: Ayes: (5) Newborn Board Sys icy, P . Chairman Beaks lays: (0) Absent: (2 1 $eebsrs•A ato u; O'Brien NOTION c,ARSI • jl 1 • • h • • ray it. 29.2 II = s, � a=�� m »• � `..,��'�i. .Tr u, ,.#ar „�'.. � ..,�. �' ' _�. Vic- ♦ A 40tit . VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD • OAK BROOK, ILLINOIS 054-2220 May 20, 1982 • i President & Board of Trustees Village of Oak Brook • 1200 Oak Brook Road Oak Brook, Illinois 60521 • RE: York Woods Unit 5 - Final Plat • . Dear President 6 Board of Trustees: The Plan Commission at its meeting of May 17, 1982 considered the petition of ;i Drake Oak Brook, Inc. for a Final Plat of Subdivision for York Woods Unit 5 which is bounded on the East by Windsor Drive, on the South by Dover Drive, and to the West and North by the Drake Oak Brook development. The Drake Oak Brook also requested a waiver of the one-year requirement for submission of a Final Plat application following approval of a Preliminary ' Plat (which in this case was approved in 1973) as required by Article VI, Section 1(A) of the Subdivision Regulations. • The Plan Commission recommends to the President and Board of Trustees waiver �I • of the one-year requirement for submission of a Final Plat application following approval of the Preliminary Plat and would further recommend approval of the requested Final Plat of Subdivision subject to the following: 1. Final review and approval by the Village Engineer. 2. Approval of the proposed Covenants by the York Woods Homeowners Association. 1 3. Waiver of the Village's requirement for the installation of sidewalks. This recommendation was made on a motion by Member Beard, seconded by Member Bushy and approved on a Roll Call Vote of five (5) ayes: Members Beard, Bushy, Marcy, Rama, Chairman Reece; zero (0) nays; two (2) absent: Members Antoniou, O'Brien. Respectfully submitted, Donald g. Vie, Chairman Plan Commission lft; :jr II 1 II '.'..7;., II 1I ri • VILLAGE OF AK B . OK. 1200 OAK 3ROOK ROAD j OAK RK, I f�.,LINOIS OO 1 Vii-aaao Nay- fl, 191 !I • I TDB Bruce Y. ft - tasiataeet to Milli um e Nanager 4 PEN: Dale L. ey, Jr., P.R.. - Village Ebgis er SUBJECT: T Moods Unit V - Preliminary Plat and Pinal Flat it Since the #lon' COmmiselon meeting of Hay 17, 1992, I have not b n. ebls to 4(13 irate further review tins towards the inee g Dra n s Tor ii the •ststed subject. is stated the P peission nee ing, ' . Rh � Department could not r .- Tsars-the -ravia� e�� taer- and the documents, it d p ly result in the~Village #mod tabling t is issue until t tr Wit'meet on June 8, `1982. . Dinee a thorough and complete review his net been able to be ac . shed, I reed that the Village Board table this aattsr.vat#l_ the meeting of -E, 1182. fitfully • !Agee-- t b-411-047 ' - Dole T. Durf Jr. ",fie • 1*D cat II I . I !� y 1 .1 591 , x1� <B ti t+ :: ' • ,-; 4 ,5 411 5° 4 ',,,,,•'; 1 .° : i,'..1 ,.'•,''' '',-•... : .a ' -+, w ,'!w aa?' . .n 41 5? : :":41h a i# :,r11 111, ,i; , +E1 '.'. ,d a P „s 8t ,i , - x :*" , . , g,sa 1 '{ 4 ,ta k`q ''"))i, ;T , ✓''' Yt, r7 b#'" fy.,, ' , t . 7''' -` ', , .• - VILLwa ur uAw lt.nW.U.S Wfil030 Mai► 25, 1982 IIP 411 6) York Woods Unit 5 - Final Plat Discussion ensued relative to covenants affecting "The Drake Oak Brook, Inc. Addition to York Woods", joining with the York Woods Homeowners Association, making it a part of the existing York Woods Covenants. Trustee Watson moved - seconded by Trustee Lurie ... To table to the next Regular Meeting of June 8, 1982. Voice vote: all present, in favor. So ordered. E. Time Limit-Filing of Plats On May 17, 1982, the Plan Commission recommended approval of an amendment to Article VI, Subdivision Regulations, establishing a time limit of six (6) months after Board approval of a Final Plat to submit all documentation required for completion of the recording process. Trustee Watson moved - seconded by Trustee Listecki ... To approve the proposed amendment as recommended by the Plan Commission with the inclus:bon of a retroactive provision for those Plats on file,..and the attorney be directed to prepare the required ordinance. • Voice vote: all present, in favor. So ordered. F. Sally's Tom Foolery/Put'n On The Rite - (Butterfield Road. DuPage County) Action postponed on this matter at the Regular Meeting of May 11, 1982. Discussion ensued on the operation of the amended Special Use conditionally granted by DuPage County, should the Village grant approval of the request to allow required parking on N.I. Gas property located within the Village limits. Possible disconnection of the N.I. Gas property was also discussed. Resident petitions were submitted objecting to any Village participation. Trustee Rush moved - seconded by Trustee /aria ... To deny the request for disconnection of the subject N.I. Gas property for the required parking related to the use and operation of one hundred (100) coin or token operated amusement devices in conjunction with the restaurant operation; and further that the request for parking on H.I. Gas property within the Village limits be denied; and that the County be so advised of this denial. Roll call vote: Ayes: Trustees Congreva, Imrie, Philip and Rush. Nays: Trustees Listecki and Watson. President Corm indicated approval. So ordered. G. Fire Protection Service - Mayslake Village (35th Street) Resolution No. R-314, approved October 27, 1981, extended fire protection service until April 30, 1982, or annexation to the Village of Westmont, whichever occurred first. The Franciscan Tertiary Province of the Sacred Heart which operates the housing for the elderly has requested continuance to a later date or completion of.the annexation to Westmont, whichever is earlier. Trustee Marie moved - seconded by Trustee Congreve ... To grant an extension of Fire Protection Service to Sertember 30, 1982, or annexation to the Village of Westmont, whichever occurs first. Roll call vote: Ayes: Trustees Congreve, Uri*, Listecki, Philip, Rush and Watson. Nays: None So ordered. VILLAGE OF OAK BROOK MINOTffis -3- Nay 25, 1982 • VILLACE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS • • 554-2220 Mtay 26, 1982 Brake-Oakbrook, Inc. • 2301 York Road Oak Brook, Illinois 60521 Attention:. I . Osblberg . Dear Itr. 0sh3berg: The • Village Board at their Board meeting of May 25, 1982 reviewed. the Subdivision York Bait 5 - Pied.Plat and suggested. that the natter be continued to our next Board meeting of Tuesday, June 8, 1982. • • • It was suggested at the Board seating that a resolution be made relative to i. the carvenents end that the :setter of York 'goods coordination be resolved. As indicated at the Board meeting the Village of Oak Brook would not entertain a condition wherein, the retention pond and area be owned and maintained by the Village of Oak Brook. ._ We look forward to your resolution of this matter prior to the June 8, 1982 meeting. We would appreciate any written correspondence to be submitted to the Village of Oak Brook on or before June 4, 1982 at 10:00,A.M.. If we can be of any further assistance, please feel -free to contact us. • • 8 . , ely c, • • h . ,: Tile Manager ---•---....: IGC/cak. t cc: Bruce F. Kapff Assistant to Village Manager • 1 , ,,, , ,, . , . . . . , ,..,,,, - '• 1 .... ,..,..... . I •VILLAGE OAK BROOK 1200 OAK BROOK ROAD OAK II ROOK. ILLINOIS %Twos 4, 1942 es4-4220 ILINO TO: Druce F. La pff, Assistant to Village Manager 1 y.. Dale..L. Durfey, Jr., l.8. SUBJECT: York Meeds Unit V - Final plat • 1 I have ram the revised Insineetin drawings and net with the applicant's an Thursday afternoon,, J 3, 1982. After reviewing all of ny cements,' the applicants Engineer stated that he would sake all the necessary changes and forward a revised t for ny further review on tionday, June 7, 1982. In review the proposed casemate, I more that the property is called "The 1 Drake Oakbrook, Inc. Addition to York Woods" which is incorrect since the plat 1 and application calls this property legal issues. Brechin is allay further review ofotheccnr�a�ts �r��rding understand that Attar** I . Rs ctfuliy submitted, u ; diaytiff, . ' / 1 Dale L. Dus'fey, Jr.,• Pal., Village fin er , DLD/eta II L, Xy_ , .x. .., ;'' x_ .-,' :- ,• 4 r.;ate:`., w il 44AIgkoiv:. .x.�# i as!*, w .,:,,,..<. . .JAI • .,�, ..,gip � �r y X* • f 1 • a VILLAGE OF OAK BR.00K 9200 OAK BROOK ROAD II OAK BROOK. ILLINOIS Ames 4, 1982 •54-*a$o MOO. i Oz Ismosth.G. - Vilae Weaseco Ids Irons Y. off - Assistant to Villas. W ks Vest Woods Unit F - Final Plat • 4e sited by Vale in his Jae 4, 1982 'woo final eagineeriog should be c. tilted to his satisfaction before the Board #fleeting of June :;11 1982.. Bow, ae have yet to receive writtes confirmation from eer Q • the Drake Wak Brook or York Woods Nomeowners Association se to the novOe is for Uniit V. Issues outstanding concern ova ip of the de- tent. ion area (Lot 61) and the status which future residents is Unit V milt have within the =dating 'York Woods Hoosowners Association. • Respectfully submitted, g710411,- Bruce F. Rapti Asst to Village Manager • • • Bf8•pb • �f • 3�` L f � 7 � ,W „r. x .:wv'� ' r fur hhrti.' `; ..' • itnr a _i°, -v,a. ""1:,�"-N a�' ,' a�� i ' a •'�att�^ e, Ktr.. z• VILLAGE OF OAK BROOK MINUTES. _ 04- June 8, 1982 F. RESOLUTION FOR MAINTENANCE OF STREETS AND HIGHWAYS BY MUNICIPALITY UNDER THE ILLINOIS HIGHWAY CODE. Required for allocation of funds for payment of additional Deicer Salt used in 1981. Trustas Rush mowed - seconded by Trustee Congreve ... To authorise the President and Clerk to execute the Resolution appropriating $8,498.32 of Motor Fuel Tax funds for 1981. Roll call votes .Ayes: Trestees Congreve, isrie, Listecki, Philip, Rush and Watson Nays: Rego So ordered. V. OLD BUSINESS { A. 1.4 A t • t * 11,/ r; ♦ 4 fir. . a M 4_' nII Tabled at the Ressler Meeting of May 25, 1982. Trustee Watson moved - seconded by Trustee Rush ..« To approve the Final Plat of Yelber's Subdivision located on Timber Trail Drive, inceeporatimg the recommendations of the Plan Commission, and approval of the Covenants, and that the Villagl Attorney by directed to prepare the required resolution of approval. Voice vote; all present, in favor. So ordered. CIP 1O 5 (MITS - f211AL.3FAT Tabled at the Regular Meeting of May 25, 1982: On May 17, 1982, the Plan Commission recommended approval, conditioned upon Covenants adjoining this subdivision with the York Woods Homeowners Association. Trustee Watson sowed - seconded by Trustee Philip ... To approve the Final Plat of York Woods Unit 5 waiving the requirement for sidewalks and subject to finalisation of the Covenants, and that the Village Attorney be directed to prepare the required resolution of approval. Voice vote: all present, in favor. So ordered. C. LOT ARRA VARIATION - ROURT PAM (3701 Madison Street) On June 1, 1982, the Zoning Board of Appeals recommended approval of the variation for lot area to be .861 acres in a R-2 Zoning District, prior to permitting the consolidation of three (3) parcels into a single lot. Trustee Watson moved - seconded by 1l ustee Congreve ... To approve the lot area variation as recommended by the Zoning Board of Appeals and direct the Attorney to prepare the required ordinance. Voice vote: all present, in favor. So ordered. D. PARKS' ASSESSMENT PLAT - (3701 Madison Street) Consolidation of three (3) existing sub-standard parcels, improved with a residence, into a single lot. Trustee Watson moved - seconded by Trustee Congreve ... To approve Parks' Assessment Plat as presented, and that the Attorney be directed to prepare an appropriate resolution. Voice vote: all present, in favor. So ordered: 1 VILLAGE OF aA BROOK MINUTR8 -4- June 8, 1982