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R395 - 07/09/1985 - SUBDIVISIONS - Resolutions Supporting Documents 410 v■VR-• C • AGREEMENT FOR GRANT OF WATERCOURSE DRAINAGE, FLOODPLAIN ii• AND MAINTENANCE EASEMENT THIS AGREEMENT made this 9. h day of July , 1985 by and between Beverly Mrizek (herinafter referred to as •MRIZEE"), as Grantor, and the Village of Okk Brook, an Illinois municipal corporation (hereinafter referred to as "VILLAGE"), as Grantee; W Z T N E S S E T H : WHEREAS, MRIZEE is the owner of certain property located within the Village of Oak•Brook designated to be platted and known as Mrizek Assessment Plat, which property is more particularly described in the Plat attached hereto, labelled Exhibit "A" and hereby made a part hereof; and • WHEREAS, Article VII(2)(B)(9) of the VILLAGE'S Subdivision Regulations, Ordinance G-140, as amended, requires an easement for the purpose of maintenance of ;i a natural watercourse traversing a subdivision; and WHEREAS, it is the desire and intention of the parties hereto that those parts of the Mrizek Assessment Plat which are in the floodplain be subjected to certain conditions pursuant to easements hereinafter granted to the Village of Oak Brook pursuant to said provisions of the Subdivision Regulations set forth above. NOW, THEREFORE, IN CONSIDERATION of Ten Dollars and No Cents ($10.00) and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the following grants, agreements, easements and restrictions are made and MRIZEE and VILLAGE declare that the following rights, easements, restrictions, conditions, burdens, uses, privileges, charges a..d liens shall: EXHIBIT 1 Page 1 of 6 • 410 Wilk--.3dir • • 1. Exist at all times hereinafter among the parties hereto and the parties having or acquiring any right, title or interest in any portion of the premises described in Exhibit "A"; 2. Run with the land subject to this Agreement to be held, sold and conveyed subject thereto; .and �I 3. Be enforceable by the parties hereto and their successors in interest, both at law and in equity. I. WATERCOURSE DRAINAG$ FL.OGDPLAIN AND MAIIAICE EASEMEIIT GRAItT Grantor Minn hereby grants and conveys to the VILLAGE, its successors and assigns a non-exclusive perpetual easement across, over, through and under all portions of the property described in Exhibit "A" hereto (hereinafter referred to-- i as the "FLOODPLAIN EASEMENT") which may from time to time be within the Salt Creek, • Floodplain area, the current location of which is depicted upon the assessment plat attached hereto labelled Exhibit "A" and .hereby made a part hereof. Said easement shall be subject to the terms and conditions herein set forth and shall be for the following uses: A. Drainage and storm water run-off; B. Maintenance of the watercourse of Salt Creek. 1. Maintenance as used herein shall include the removal of driftwood, fallen II trees, and any other obstructions to the flow of water through Salt Creek and the floodplain appurtenant thereto. EXHIBIT 1 MN Z of 6 410 ,.- q ' 2. Any right to the VILLAGE to undertake any maintenance shall be subject to it giving notice to the Grantor as follows: ii A. For removal of driftwood and other obstruction ... 10 days notice; B. For emergencies...no prior notice required, but subsequent written notice to Grantor shall be given as to the nature of the emergency. 3. The owner of any portion of the premises set forth in Exhibit "A" or any part thereof,..shall remove all obstructions caused by such owner or his/her agent. If such owner fails to remove such foregoing obstruction(s) upon 10 days written notice of said failure to the Grantor and the owner on whose property the obstruction exists, the VILLAGE shall have the right to undertake such maintenance and upon completion to be reimbursed for all out-of-pocket costs and expenses: ;I • incurred in connection with such maintenance within thirty (30) days from the dates II of such costs or expense. Failure of any such owner to make reimbursement shall;. authorize the VILLAGE to place liens against property of the affected owner for its costs incurred therein and to enforce said liens through any appropriate and available legal proceedings either at law or in equity. 4. Except in the case of emergencies, the VILLAGE shall only enter upon the "FLOODPLAIN EASEMENT" during daylight hours; Saturdays, Sundays, and legal holidays excluded. If the •FLOODPLAIN EASEMENT" or adjoining property is damaged, !� destroyed, or defaced in full or in part, as a result of activities undertaken by the VILLAGE on the "FLOODPLAIN EASEMENT" the VILLAGE shall be solely responsible at its cost and expense to promptly repair and restore the 'EASEMENT ANEA" to substantially the same condition as existed immediately prior to entry onto the "FLOODPLAIN EASEMENT' by the VILLAGE. I EESISXT 1 hip 1 of i n , o e • W/g... 5 : 5. The VILLAGE shall protect, defend, indemnify end- hold. harmless Grantor of any claim, liability,. cost, damage or expense (including without limitation reasonable �. attorney's fees and court costs of any type, nature or description) arising in connection with the easements herein granted and due in whole or in part to the negligent act or omission of the VILLAGE, its officers, agents, employees, contractors cr invitees in connection with. any exereise of the VILLA0E's rights hereunder. 6. All notices provided for hereunder shall be personally delivered to MEEK at 3725'Spring Road, Oak Brook, Illinois 60521 or at .such other address as designated by Grantor and• to Grantee at 1200 Oak Brook Road, Oak Brook, I111.nois 60521; Attention: Tillage Manager. • Ij 7. The rule of strict construction shall not apply to. the easement grant herein .,' made.. 8. The recitals contained in the preamble to this grant and each of the Exhibits hereto are a material part of this instrument and are hereby incorporated herein. 9. The term .'Grantor" as used herein is intended to refer to the titleholder or holders from time to .time of the easement premises or portions thereof. 10. The term •VILLAGE0. as used herein is intended to refer to the Village of Oak ;: Brook, an Illinois municipal corporation end .its officers, agents, employees, contractors, or invitees. MITT 1 Page 4 of 6 410 td/R....3gi 0 , WHEREFORE, the parties hereto have hereby executed this Agreement this .,.. 9 day of July • , 1985. i i I, 1i AI a . Ai A , 1. Uiimll : . . ..,- . : 7, -,--;,.•• . - . - ...' 4 i i' ,1 ,, i, 11 • . I' • VILLAGE OF OAK BROOK, DuPage and Cook Counties, Illinois an Illinois Municipal Corporation . ,/, , , _Ai:. .,,,/Allr.....r..:,..4.44.." it- ,ce 4 Cern Village President ATTEST: Ii ri ins- ail, II Village Clerk I I EXHIBIT 1 Pap 5 of 6 W/R, c • STATE-OF ILLINOIS) SS. COUNTY OF DU PLEB) I, the undersigned, a Notary Public in and fo.�,the County and State aforesaid, DO HUflY CERTIFY, that the above-named SEVERLY MRIZEE personally known to me to be the same person.whose name is subscribed to the foregoing instrument as such BEVERLY NRIZEE appeared before se this day in person and°ao notrledged that she signed and delivered the said instrument as her own free and voluntary act and as the free and voluntary act of said Owner for the uses and purposes therein set forth:'' G • under ray hand and Notarial Seal .this 1 .:... day of 1985 • x AR uIC • etoriloto My ion xpirea STATE OF ILLII0'0IS}. S3. cowNTy.`of.DU PAM) I tie "undersigned, a Notary Public in and for.,thi County, and State aforesaid, 'DO. H*11EBY'.CERTIFY, .that the above-named WENCE F. CERNE, 'VILLAGE PRESIDENT and MARIANNE LABOSIL, VILLAGE CLERK, personally known to me to be the same persons •. <whose';bases' are sUbscribed to the foregoing instrument at such WENICE F. CERNE and IISkIL NS LAICOSIL respectively, appeared before me this day An person and aeknowledgaa that they signed and delivered the.said instrument as their -own'free and voluntary act and as the free and voluntary eat of-sail; Village for the uses and purposes therein set forth; and the said Village President and Village Clerk, as custodians ,of the corporate seal of said Village, caused the corporate seal of the said Village to be affixed to said instrument pursuant of aVN ;ty given by the Board of Trustees of said Village. GIVEN under my hand and Notarial Seal this doy of 1955. ref 1 ` • 10.1 etv s xp rim $;V1 P $ ot5 �yyy ' '411T' 4 �. �� �' , � ,_. , , .3.„.: 41.5... 0. I • Ezibit A .The. Mri*ek• Assessment Plat has been duly filed'with •the village of Oak Brook and is contained in their official, records, recorded on as Dooament $caber , Permanent Parcel #06-360-308-00e l� ; FrZg'P!''''''.4111, • ' ' . . ' - le.,:wi ' - �`' -<' 6- 1 `+� ' e.. ate -;'s a; ., E fi ,,r "a'� ,.€ x, ,"4 (, a f.,a,,u' a. . A t ,{ �'v !0�L ". °Vmss '' -, III � - s. : .1111111in I III ff11111 idii1ili I I1I1 !sJ 311,11141.1611.i.1:11, ., : <..1.. El lilagit-it si, _.. ,i_i t.t _...,,,s,,,, .., . psisii. ir ,,,,xxl.xv.__,IblIv...1,4,044011,iiviulliiii.„ . ,.41.11.,..aigg, , _ r:,4 ::, � s ryrMt- r s - parr a p 44;41.. .,..' , ,_ 1;1 ‘ . ,,47,. ,,,.t,41.,4.,,,,,,,,r d 101: s Mi��,.. ,c•A' ,...!'"--.Z•411, - . ' 1r :, ,;;.: I , ,bi ., . 1 1 , 1 i i - - i'-'" ' -L''ti-44. 'II1 ? . . ..� 4 s _ - p it. it'`.i 0 4 ..- 71.f.. g '• ' \ 61 1 4 / i ,04,i i -.emu 4 ! 4tt__ ; .wNr. i1 I '� ^..Pi . r re0==ri att=1sarttMr i . T w = mss • 1f ':t kti X , a a 't , • # x th -�" S . .‘„,,,f, E .,4 p t »i , i ' . j f { y il MRIZIEK ASSE$SMSNT PLAT .=r M 4 w y fw, w riK r=rtHrw+r.:wTwr''uwwr�R(�iwwar(wt a' � tIIM11 Ya1tlltm""1 ut w rNNIHNNM w , • MINI*UMN1 NITrSNI 7 ,Ip jj *T N ult.1n Ili MI ND M�I '�w. it#r'RfM�M■wr iI'Lrr .. ISONN•••NM Ir11 AttAt NO " {j NKIgpKIM/KNIl ItI111MIf L.... IM 1��KM Irma NNW V/111 I. 1 •MAN wvv�n/Irlvs WIN NI ''"", TN",tea•-'u.,Y_ at w NN'M�i{r(1 CINI prry IM IN Ipiintg Kt�Oln'T141i ii ` �ui NUN Nwrl IN NUM;it (wt . MIKS�lYp3TM RKtW M U a IRWIN K Mt 1St. IrIIKII ■ �I I#..Ilit- IN INN v ITS IT Or N1N.rRIltwn,U.S.N.Ri/ INr fI KK IKtKMtrp�,SI pwK�/MrIKM�KKr1gt,�KMM 1p1��f', iNr i fr as toss. I■ITNI NNW NNMILN( • IN • - ,.,IN MN NUT IF I NItI Lt. I. -.,INRtIN At A 1 At L e�L H r. W ps KtKM AIR Rr w1R0 INKWW K NAKtr NINA .MOM.RIM___NI r ,n�•� - I WV MR!Minn • TR9.M. SAN r WWI ■IR w rNN h.I, ■ rums INNNNY canna, kieurivingronn.wI PS KINt n NOM Mn NMI:MN tRnw MINN Sas ■Nr n.s Rrc RR�iR R114 ii I.I. r Rn IV IN (t 1 'N wlnt.rKMw KNK iMIRr wItK 1K1MwN fSNtosI Mart NV INNS NI Ear an iM.t�I1. NN�MrNt�pIwr}Mat NINON r ttM R11N[w NI M NU IS N ONNI MIN MOM KT NEIL SIP r 6• at IS KrMW. �iNltt■t rt wdlW �rjltrjN w°.�N"Nl as yam MUa an_tar trM sew M ma IM wan K sat MK MINIM IN AS Ng INN.r PIN MIIN.=NM tin MrK .10 ,. y. II TRTN.wn II , NOM It117 CCNIIIMIS CINN NI NaaItf 1 N QQ 1 IL( N�q(rral I`I�t TPi 1tN1T tC1arMI KIN}~SryIltltttMtlttMltiitS{NS. anentwtittut NUS WNW si a as it:r IMppry n(y+I(n yam I rI111(t tpig7 IA?I Alt KSim to IRRnN Aft II COMM, NI TINI wup;MUi. &UrIN1 lima,Slit r AN'SIIS KNT r NNw.IttIIIS, b 1 n_ now tut( IIUIN mars mamas Ij ma K ItiAlf! NOM•r r■tl Li. I I I. I. : .VIWN SIM•N NU •w INN. RKtMn 441 K rttl sI rear III 1IIU NII Iy I ,:N Mw r r1YUi IS w Iw;UN NN IIKN w R IISINf I■K"M80wI rRS r2,NI ww "r•M S w M T..MM 1 VI Ii Wfrl't r OTHR(R • ling I/MINN VIM w r NITS I•L tlyl WI NKI k; .11 N t-.1 ■ :...t. 'T TIM !..,1" J X u �t, M�1 KAI if t`I_{I ,t. -...I fir....L.72.1., NtSMt 11 • ,. .(,, MAY MIN N*SW SA MI WINN NNAL.ANNA IRt Zep! 1N MLIdAMS NNI.IN, OMIT 111 OR Z A1MNbitI1w N.*&_.,, .Nw I.wIn Al WNW.WHO.t w"dw • VILLAGE OF OAK BROOK MINUTES OF THE REGULAR MEETING OF I/ July 9, 1985 MEETING CALL: The Regular Meeting of the Board of Trustees was called to orber by President Cerne in the Samuel E. Dean Board Room of the Village Commons at 7:30 P.M. I APPOINTMENT OF RECORDING''SECRETARY: A motion was made by Trustee Bushy, seconded by Trustee Maher to appoint Assistant to Village Manager Bruce F. Kapff as the Recording Secretary for this meeting due to the absence of the Village Clerk and Deputy Clerk. VOICE VOTE: All present, in favor. So ordered. II ROLL CALL: PRESENT: President Vence F. Cerne Trustees Karen M. Bushy Walter C. Inrie Ronald P. Maher Joseph H. Rush H. Richard Winters ABSENT: Trustee Arthur W. Philip III APPROVAL OF MINUTES: Trustee Rush moved, seconded by Trustee Maher... That the Minutes of the Public Hearing of June 25, 1985 concerning the 1985-86 Appropriation Ordinance be approved as submitted and waive reading of same. VOICE VOTE: All present, in favor. So ordered. Trustee Rush moved, seconded by Trustee Winters... That the Minutes of the Regular Meeting of June 25, 1985 be approved as submitted and waive reading of same. VOICE VOTE: All present, in favor. So ordered. IV ORDINANCES, RESOLUITIONS, VARIATIONS, ETC.: ' RESOLUTION NO R- }r - A RESOLUTION APPROVING THE MRIZEK ASSESSMENT T TF I , Road . As directed at the Regular Meeting of June 25, 1985. Trustee Winters moved, seconded by Trustee Bushy... To pass and approve Resolution No. 1-395 as presented and waive reading of same. ROLL CALL VOTE: Ayes: Trustees Bushy, Iarie, Maher, Rush, Winters and President Cerne. Maya: None Absent: Trustee Philip So ordered. hill M.; "I°.L!{'rr{' Rt(° 01010 111 1.11' I'll'lltli;at As directed at the Regular Meeting of June RS, 1985. VILLAGE OF OAK BROOK Minutes .1• Jul/ 9 IEEE C1AL FILE .:a JUL 10 1985 , VILLAGE OF OAK ERO � OAK alb, 1200 OAK BROOD. ROAB3 !AC!'MtNi1 ill '�A?ypN OAK BROOK, ILLINOIS • 854-2220 July 10, 1985 • Mrs. Beverly Mrizek 3725 Spring goad If Oak Brook, Illinois 63521 Dear Mrs. Mrisek I am pleased to inform you that the Village Board of tho 'Village of Oak Brook at its meeting of July 9, 1985 approved the resolution approving the Mrizek • Assessment P1st. ; Sincerely, • - John' ..`Brechin`. • Villa.eManager • Jt iko • • • • • tJ • }5. f± *."T i' Mf A f r;.:C 4 P P 3 i1 _ • • x 1 - - c. a v r r r , x,`� x „,,,...,:•1,-,,-,,A1,1 �-• $ f. -,1” s �. .:v ry a "r • 't ,, xs'"'< F �•a1 X4'0 ;,.`k i •. MRIZEK & NORRIS ATTORNEYS AID COUNSELORS i •'':ii JERRY J./WEEK SUITE 21* / OAK AND DALE PROPISSIOWAL BUILDING '' WILLIAM E.NORRIS 211 REST CHICAGO AVENUE V NINSDALE.ILLINOIS Milt ' , r a January 31, 1485' 3CEIIVED / FEB 0 1 1989 if Mr. Bruce Ki,mpf Village of Oak Brock B 1000 Oak Brook Road VILLAGE Oh OAK BROOK, IL Oak Brook, Illinois 60521 A©MINIWFRATICIN j Re: Mrizek Assessment Plat 3725 Spring Road, Oak Brook, Illinois . Dear Nr. Kampf: Several weeks ago, you telephoned me and inquired as to my intentions regarding the above-captioned application for assessment plat which had been filed by my mother prior to .her- death. ' Please be advised that I wish to withdraw the application at this time. If you have any questions regarding this matter, do not hesitate to contact me. Very truly yours, ZEK 8 NO- s Jerry Mrizek✓ Execut.r of the Estate of Beverly M. Mrizek, deceased .§ JJM/bcs fit, ._ nt a .� .`_, .1 1 . S Y t !' %,Y:_ f 4 r x • 3* ,,,y;,,,, o : .. : k e ,r t ' w a, ,,s-,. a , , , � i a k if .,r i#•* r, v ,w■• , BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section l: That the assessment plat consisting of two sheets and entitled "Mrizek Assessment Plat" prepared by the Balsamo/Olsen Group, Inc. and dated June 19, 1985, be and is hereby approved subject to the conditions enumerated in Section 2 of this Resolution. Section 2: That the approval of Mrizek Assessment Plat as given in Section 1 hereof be and is expressly subject to the following conditions: A. That the owner execute an agreement for grant of a watercourse drainage, access and maintenance easement in substantial conformity with the form of agreement attached hereto labelled Exhibit 1 and hereby made a part hereof. B. That the approval of the assessment plat as set forth in this Resolution shall not be construed to be the approval of said plat for subdivision purposes, and in no way waives any standards of the Village upon any subdivision or re—subdivision of the property involved in said assessment plat. Section 3: That the easements granted to the Village of Oak Brook, as depicted an the Plat, are hereby accepted. PASSED AND APPROVED this 9th day of July 1985, by the President and Board of Trustees of the Village of Oak Brook, DuPage and Cook Counties, Illinois according to a roll call vote as follows: Ayes: Trustees Bushy, Imrie, Maher, Rush, Winters Nays: None Absent: Trustee Philip Village President ATTEST: Villaite Clerk AGREEMENT FOR GRANT OF WATERCOURSE DRAINAGE, FLOODPLAIN AND MAINTENANCE EASEMENT THIS AGREEMENT made this 9th day of July , 1985 by and between. Beverly Mrizek (herin.after referred to as "MRIZEK"), as Granter, and the Village of Oak Brock, an Illinois municipal corporation. (hereinafter referred to as "VILLAGE") , as Grantee; W I T N E S S E T H WHEREAS, MRIZEK is the owner of certain property located within. the Village of Oak Brock designated to be platted and known as Mrizek Assessment Plat, which property is more particularly described in. the Plat, attached hereto, labelled Exhibit "A" and hereby made a part hereof; and WHEREAS , Article VII(2) (B) (9) of the VILLAGE's Subdivisicr. Regulations, Ordinance G-140, as amended, requires an easement for the purpose of maintenance of a natural watercourse traversing a subdivision.; and WHEREAS, it is the desire and intention of the parties hereto that these parts of the Mrizek Assessment Plat which are in the floodplain be subjected to certain conditions pursuant to easements hereinafter granted to the Village of Oak Brock pursuant to said provisions of the Subdivisicr. Regulations set forth above. NOW, THEREFORE, IN CONSIDERATION of Ter. Dollars and No Certs ($10.00) and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the following grants, agreements, easements and restrictions are made and MRIZEK and VILLAGE declare that the following rights, easements, restrictions, conditions, burdens, uses, privileges, charges and liens shall: EXHIBIT 1 Page 1 of 6 <.... 1... . - Exist at all times .hereinafter.. among..the ..parti-e-s her-eto and the parties having or acquiring any right, title or interest in any portion of the premises described in Exhibit "A"; 2. Run with the land subject to this Agreement to be held, sold and conveyed subject thereto; and 3. Be enforceable by the parties hereto and their successors in interest, both at law and in equity. I. WATERCOURSE DRAINAGE, FLOODPLAIN AND MAINTENANCE EASEMENT GRANT Grantor MRIZEK hereby grants and conveys to the VILLAGE, its successors and assigns a non—exclusive perpetual easement across, over, through and under all portions of th-a property described in Exhibit "A" hereto (hereinafter referred to as the "FLOODPLAIN EASEMENT") which may from time to time be within the Salt Creek Floodplain area, the current location of which is depicted upon the assessment plat attached hereto labelled Exhibit "A" and hereby made a part hereof. Said easement shall be subject to the terms and conditions herein set forth and shall be for the following uses: A. Drainage and storm water run—off; B. Maintenance of the watercourse of Salt Creek. 1 . Maintenance as used herein shall include the removal of driftwood, fallen trees, and any other obstructions to the flow of water through Salt Creek and the floodplain appurtenant thereto. EXHIBIT 1 PAgP- 2 of 6 2. Any right to the VILLAGE to undertake any maintenance shall be subject to giving notice to the Grantor as follows: A. For removal of driftwood and other obstruction . .. 10 days notice; B. For emergencies. ..no prior notice required, but subsequent Written notice to Grantor shall be given as to the nature of the emergency. 3. The owner of any portion of the premises set forth in Exhibit "A" or any part thereof, shall remove all obstructions caused by such owner or his/her agent. If such owner fails to remove such foregoing obstruction(s) upon 10 days written notice of said failure to the Grantor and the owner on whose property the obstruction exists, the VILLAGE shall have the right to undertake such maintenance and upon completion to be reimbursed for all out-of-pocket costs and expenses incurred in connection with such maintenance within thirty (30) days from the date of such costs or expense. Failure of any such owner to make reimbursement shall authorize the VILLAGE to place liens against property of the affected owner for its costs incurred therein and to enforce said liens through any appropriate and available legal proceedings either at law or in equity. 4. Except in the case of emergencies, the VILLAGE shall only enter upon the "FLOODPLAIN EASEMENT" during daylight hours; Saturdays, Sundays, and legal holidays excluded . If the "FLOODPLAIN EASEMENT" or adjoining property is damaged, destroyed, or defaced in full or in part, as a result of activities undertaken by the VILLAGE on the "FLOODPLAIN EASEMENT" the VILLAGE shall be solely responsible at its cost and expense to promptly repair and restore the "EASEMENT AREA" to substantially the same condition as existed immediately prior to entry onto the "FLOODPLAIN EASEMENT" by the VILLAGE. EXHIBIT 1 Page 3 of 6 5. The VILLAGE shall protect, defend, indemnify and hold harmless Grantor of any c,]aim,- l,iabihity, cost, damage or expense (including without limitation reasoh'ab-le- attorney's fees and court costs of any type, nature or description) arising in connection with the easements herein granted and due in whole or in part to the negligent act or omission of the VILLAGE, its officers, agents, employees, contractors or invitees in connection with any exercise of the VILLAGE's rights hereunder. 6. All notices provided for hereunder shall be personally delivered to MRIZEK at 3725 Spring Road, Oak Brook, Illinois 60521 or at such other address as designated by Grantor and to Grantee at 1200 Oak Brook Road, Oak Brook, Illinois 60521; Attention: Village Manager. 7. The rule of strict construction shall not apply-,Lo the easement grant herein made. 8. The recitals contained in the preamble to this grant and each of the Exhibits hereto are a material part of this instrument and are hereby incorporated herein. 9. The term "Grantor" as used herein is intended to refer to the titleholder or holders from time to time of the easement premises or portions thereof. 10. The term "VILLAGE" as used herein is intended to refer to the Village of Oak Brook, an Illinois municipal corporation and its officers, agents, employees, contractors, or invitees. EXHIBIT 1 Page 4 of 6 WHEREFORE, the parties hereto have hereby executed this Agreement this 9th day of Jul 1985. 4-P n. 0 9�&/ EVERLY MR Z K VILLAGE OF OAK BROOK, DuPage and Cook Counties, Illinois an Illinois Municipal Corporation 17 W nce Cerne Village President ATTEST: MariAnne Lakosil, CM Village Clerk EXHIBIT 1 Page 5 of 6 STATE OF ILLINOIS) SS. COUNTY OF DU PAGE) I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY, that the above-named BEVERLY MRIZEK personally known to me to be the same person whose name is subscribed to the foregoing instrument as such BEVERLY MRIZEK appeared before me this day in person and acknowledged that she signed and delivered the said instrument as her own free and voluntary act and as the free and voluntary act of said Owner for the uses and purposes therein set forth. GIV71 under my hard and Notarial Seal this 1114<- day of 1985. NOTARY PUBLIC My Comm W ion Expires STATE OF ILLINOIS) ) SS. COUNTY OF DU PAGE) I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY, that the above-named WENCE F. CERNE, VILLAGE PRESIDENT and MARIANNE LAKOSIL, VILLAGE CLERK, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such WENCE F. CERNE and MARIANNE LAKOSIL respectively, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act and as the free and voluntary act of said Village for the uses and purposes therein set forth; and the said Village President and Village Clerk, as custodians of the corporate seal of said Village, caused the corporate seal of the said Village to be affixed to said instrument pursuant of authority given by the Board of Trustees of said Village. GIVEN under my hard and Notarial Seal this /l/ 414-dayof t4 , 1985. NOTARY PUBLIC My Coma' sior. Expires EXHIBIT 1 Page 6 of 6 Exhibit A The Mrizek Assessment Plat has been duly filed with the Village of Oak Brook and is contained in their official records, recorded on as Document Number Permanent Parcel X06-36-308-004 I APPOINTMENT OF RECORDING SECRETARY: A motion was made by Trustee Bushy, seconded by Trustee Maher to appoint Assistant to Village Manager Bruce F. Kapff as the Recording Secretary for this meeting due to the absence of the Village Clerk and Deputy Clerk. VOICE VOTE: All present, in favor. So ordered. II ROLL CALL: PRESENT: President Wence F. Cerne Trustees Karen. M. Bushy Walter C. Imrie Ronald P. Maher Joseph H. Rush H. Richard Winters ABSENT: Trustee Arthur W. Philip III APPROVAL OF MINUTES: Trustee Rush moved, seconded by Trustee Maher. .. That the Minutes of the Public Hearing of Jure 25, 1985 concerrirg the 1985-86 Appropriation Ordinance-,oe approved as submitted and waive reading of same. VOICE VOTE: All present, in. favor. So ordered. Trustee Rush moved, seconded by Trustee Winters... That the Minutes of the Regular Meeting of Jure 25, 1985 be approved as submitted and waive reading of same. VOICE VOTE: All present, in. favor. So ordered. IV ORDINANCES, RESOLUTIONS, VARIATIONS, ETC.: A. RESOLUTION NO. R-395 - A RESOLUTION APPROVING THE MRIZEK ASSESSMENT PLAT (3725 Spring Road). As directed at the Regular Meeting of Jure 25, 1985. Trustee Winters moved, seconded by Trustee Bushy.. . To pass and approve Resolution. No. R-395 as presented and waive reading of same. ROLL CALL VOTE: Ayes: Trustees Bushy, Imrie, Maher, Rush, Winters and President Cern,e. Nays: None Absent: Trustee Philip So ordered. B. ORDINANCE NO. 3-560 - AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 10-21(a)(1) AND SECTION 10-50(a)(1) OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK, AS AMENDED, RELATIVE TO CONSTRUCTION WITHIN THE GINGER CREEK FLOOD PLAIN (17 Royal Vale Drive). As directed at the Regular Meeting of Jure 25, 1985. VILLAGE OF OAK BROOK Minutes -1- July 9, 1985 MiERAL LOCATION OR ADDRESS OF PROPERTY TO BE SUBDIVIDED: NAME OF APPLICANT: -,(:-2 Uf- 'I /� 4C' / -,(:-2 C:-k PHONE NO. , G 1 ADDRESS: /%i- /' . CITY I `-- � STS /4,L ,) Zip Code REIATIONSHIP OF APPLICANT TO PROPERM: OAR OF RECORD: L). C, =�C_ P`-heM NO. 1 ADDRESS: '� �>> 1� '/� CITY �'�1 _ ��'�`�l� STATE Inc -�1 Zip Code BENEFICIAErY(IFS) OF TRUST: NAr�: -f' i� ( �.� (L ��l ll f -' I r jC PHONENo. ADDRESS: CITY STATE Zip Code (Signature of A ricant)' om4ER.S AFFIDAVIT FOR SUBDIVISIONS OF NOT MORE THAN FIVE (5) LOTS: This plat contains the entire contiguous undeveloped land area in which I have any interest. (Signature of Owner) IDENTIFY STRUCTURES AND OTHER I14PROVEMENTS ON THE PROPEWY: Flood Plains: ----- Sq. Ft. are under Flood Plain Ordinance and are graphically depicted on attached plans. SIZING BY LAND USE CATEGORY RCSIDENTIAL CM ERCIAL OPEN SPACE OTHER TOTAL NO. OF LOTS NO. OF ACRES NO. OF SQ. FT.