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R-559 - 04/28/1992 - FINAL PLAT - Resolutions A"ESSAIdwr P4471 APPROVAL +. 8 Erin MANOR S'03 +"09 ale.Rb. RESOLUTION R-559 ALLAQ 7:FRLbMAN I� Ij A RESOLUTION APPROVING BEAR MRWR ASSZSSMEUT PLAT it 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 is That the assessment plat consisting of one sheet and entitled "Bear Manor Assessment Plat" prepared by Russell W. Schomig, Illinois Professional Land Surveyor and dated March 23, 1992, be and is hereby approved. PASSED AND APPROVED this 28th day of April , 1992, by the President and Board of Trustees of the tillage of Oak Brook, DuPage and Cook Counties, Illinois, according to a roll call vote as follows: Ayes: Trustees Bartecki, Krafthefer, Payovich, Shumate, Skinner and Winters Nays: bone li Absent: None Abstain: *fie �I Village President ATTEST: i I R. V llage Cle brn=.res i" I R_559 DECLARATION OF EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS PiN �►'s Q4-3?�•-oo3—vo3 o�$G3 Ck,�`gRocsk l�D i of--3i— 103-004 a601 OAK gK0GK RD l a(*- 3 3 - 103- 00 15 9 INda This DECLARATION, made. and entered into as of the 2 y of �. m)j Y 1992, by and between the Village of Oak Brook, an Illinois Municipal Corporation, having its office at 1200 Oak Brook Road, Oak Brook, Illinois 60521, (hereinafter referred to as "Village"), and Merchants National Bank of Aurora as Trustee, under Trust Agreement dated February 1, 1989, Trust Number 4146, 34 South Broadway, Aurora, Illinois 60507, (hereinafter referred = p to as "Owner"). co Cn WITNESSETH WHEREAS, in compliance with the Village's request and pursuant to the Assessment Plat, known as Bear Manor Assessment Plat, approved by the Village's Resolution No. g-559(hereinafter referred to as "Plat"), Owner wishes to coc,ime:.ce the improvement of the property described in Exhibit N •) =� "A" attached hereto (hereinafter referred to as "the Property") and has;;A`-� .\a 1 submitted to the Village a site improvement plan described in Exhibit "B" �- � entitled "Site Improvement Plan for Bear Manor," Oak Brook, Illinois (hereinafter u referred to as "Improvement Plar."); and WHEREAS, the Village is willing to approve and issue a permit for said Improvement Plan in consideration of the various undertakings of Owner in connection therewith, Including this Declaration. NOW THEREFORE, Owner hereby agrees that the following easements, covenants, conditions and restrictions shall apply to the Property: 1. On-Site Storm Sewers. Owner shall retain ownership and all on-site operation and maintenance responsibilities of all on-site storm sewers constructed pursuant to the Improvement Plan. However, Owner acknowledges and agrees v� R- 59 R9 ? - 018814 3 that the Village shall have the right, but not the obligation, to perform such maintenance and repair on such storm sewers in the event the Owner shall fail to do so within ten (10) days following notice in writing to Owner from the Village of the need for any such maintenance or repair. Should the Owner fail to perform such maintenance or repair within the stated time, the Village shall have the right to make reasonable entry onto the lands of the Owner described in Exhibit A for the purpose of performing such maintenance and repair on such storm sewers. If the Village shall provide such maintenance or repair, it shall have the right to be reimbursed within thirty days of billing for all out-of-pocket costs and expenses incurred in connection therewith. Owner acknowledges and agrees to make any such reimbursement within said thirty days. It is further agreed that in addition to its rights and remedies at law or at equity, the Village shall have a lien on the Property to secure I payment of any amount due to the Village for the work. 2. On-Site Detention Facilities. Owner shall retain ownership and all operation and maintenance responsibilities of the on-site detention facilities constructed pursuant to the Improvement Plan. However, Owner acknowledges and agrees that the Village shall have the right, but not the obligation, to perform such maintenance and repair.on such detention facilities in the event that Owner shall fail to do so within ten (10) days following notice in writing to Owner from the Village of the need for any such repair or maintenance. Should the Owner fail to perform such maintenance or repair within the stated time, the Village shall have the .right to make reasonable entry onto the lands of the Owner as described in Exhibit A for the purpose of performing such maintenance and repair on such detention facilities. If the Village shall provide such maintenance or repair, it shall have the right to be reimbursed within thirty days of billing for all out-of-pocket costs and expenses incurred in - 2 - ,I EQ3 018643 i connection therewith. Owner acknowledges and agrees to make any such reimbursement within said thirty days. It is further agreed that in addition to its rights and remedies at law and at equity, the Village shall have a Hen on the Property to secure payment of any amount due to the Village for the work. 3. Notice. All notices provided for hereunder shall be personally delivered or served by certified mail addressed as follows: To the Village at: Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60521 ATTENTION: Village Manager To the Owner at: Merchants National Bank Trust No. 4146 34 South Broadway Aurora, IL 60507 With a copy to: Alan J. Feldman Bear Manor 2803 Oak Brook Road Oak Brook, IL 60521 or to such other addr.iss or addresses as shall be designated by notice similarly given. Each such notice shall be deemed served as of its postmark dated when personally delivered. 4. Transfer of Title. The term Owner as used herein is intended to refer to the title holder or holders, from time to time, of the Property or any portion thereof. 5. Benefits and Burdens. All provisions of this Declaration including the benefits and burdens, are hereby declared to run with the land and are binding upon and inure to the benefit of the heirs, successors, assigns, _ 3 _ i . WIR-559 R93 - 018643 ! . tenants and personal representatives of Owner and the Village. VILLAGE OF OAK BROOK, DuPage and Cook Counties, Illinois, a Municipal Corporation ATT.ES By: n , Vinage President.;� er -;STATE OF.JLLINOIS ) SS. COUNTY OF DU PAGE ) 1, the undersigned, a Notary Public in and for said County in the State of Illinois, do hereby certify that &"W g d&%hV *.w6 personally known to me to be the same person(s) whose name s are subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that he (they) signed, sealed and delivered the said instrument as his (their) free and voluntary act, for the uses and purposes therein set forth. Given under my !hand and official seal this 170day of , 1992. Notary P c My commission expires: %WM os� BOtARr R X rrAR 0!LLwov lir CDIQI�pN W. Mr.7&1!!t MERCHANTS NATIONAL BANK., as Trustee under Trust Agreement dated February 1, 1989, known as Trust No. 4146 ATTEST: By: ! .••-Lne,•iL ,... � ner 4s I Now= W/At R93 018643 EXHIBIT A i Lots 1 and 2 of, Bear Manor Assessment Plat of part of the East half of the I� Northwest quarter of Section .33, Township 39 North, Range 11 East of the Third Principal Meridian, DuPage County, Illinois, recorded on 5 - as Document Number JVZ-JOI*.kZ. it P.I.N. 06-33-103-003 06-33-103-004 06-33-103-005 i i EXHIBIT B Site Improvement Plan for Bear Manor, General Plan, by Donald G. Eddy Co., dated 3-17-92 and last revised 4-13-92, Sheet 2 of 5 only. I I' II 4 . I �I i i II w/R- 5 STATE OF ,ILL1NOIS ) i t1TATS OF If.AMM xotarr FeOblie iR and =es s as _, �AT,na,.'lr1 bi_ TatfipNl COTMPT OF LANs said Cewts. 1.tb. slat. a[orwtd. DO limey =Vr= '!i}! efC..m Drneir t and —TWA OgWw d TAZ UMMAM - M banktae &eeaC ami NATLONAL ttANt OF AIIROtiA. a tetionel baa�s! VlOE F>�lderlt of laid mmaowd banking aerodatka. yereoratlr wboee eiasee an sutiweriMd to the f"amue in t me saab to se to be the � �t � "a V1t72�rwi�9ar►t �- sr. Vaoe President etinls.•voesied w«e we We der�>+�� _tit ties lest 7 a�d f-M �y awash kaa taeeaeiatioa• free a"-thee"901 ai t> .tbeeeia t� and e did &lies ties and 0- ��.p d tie eorDSeate east a4" "M aatbaal banbiae "Wdstioa did - awidts that Vie. emtediaa *► OFFICIAL �EAL votes �a=mew a"�u banking Of m"Mdaui bb"W iMOSis .acs • !.= TH ANN MCCOY w ea»r cad taas9e�ee tin _ . PUBLIC. STKFE OF ILLI _O�tS,_ aad�aar taa>d aad, sect tbt. 215t a.r of ------- tt92- • Net*" Prepared by: RETURN T0: L l Wbq Rw 6Rjl S Richard A. Martens MOWS CLEQ•k, Village Attorney Village of Oak Brook Village of Oak Brook 1200 Oak Brook Road 1200 Oak Brook Road Oak Brook, Illinois 60521 Oak Brook, Illinois 60521 i ,I � 5