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R-988 - 08/14/2007 - SUBDIVISION - ResolutionsRESOLUTION 2007- ZO- SD- FP -EX1 -R -988 A RESOLUTION APPROVING THE FINAL PLAT FOR BRITTWOOD CREEK SUBDIVISION (A parcel of approximately 57 acres, located at the Southeast Corner of Route 83 and 35th Street, Oak Brook, Illinois 60523) PIN's 06 -35- 301 -014; 06 -35- 301 -015; and 06 -35- 301 -016 WHEREAS, Brittwood Creek, LLC ( "Applicant') is the owner of certain real property located in the Village of Oak Brook and legally described on the attached Exhibit A ( "Property'); and WHEREAS, the Applicant desires to subdivide the Property to create the Brittwood Creek Subdivision, which subdivision shall consist of 30 lots; and WHEREAS, the Village of Oak Brook Plan Commission considered the Applicant's proposed tentative plat of subdivision and recommended approval of the tentative plat; and WHEREAS, on January 9, 2007, the Village President and the Board of Trustees approved a preliminary plat of subdivision for the Property as well as certain variations and waivers from Title 14 of the Village Code (the "Subdivision Regulations ") pursuant to Resolution No. 2007- SD- PP -V -R -960 ( "Preliminary Plat Approval'), and referred the matter to the Plan Commission for further proceedings on April 24, 2007, including final subdivision plat review; and WHEREAS, on May 14, 2007, and June 18, 2007, the Plan Commission held a public meeting to consider the Applicant's final plat of subdivision and recommended approval of the Final Plat on June 18, 2007, subject to certain conditions; and WHEREAS, the Village President and Board of Trustees have determined that it would be in the best interest of the Village to grant approval of the Final Plat in accordance with, and subject to the conditions, provisions, and restrictions of this Resolution and the Subdivision Regulations; and NOW THEREFORE, 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 1: Recitals. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the Village President and Board of Trustees. Section 2: Waiver of Street Lighting Regulations. A waiver is hereby granted from the provisions of Section 14 -6 -3F of the Subdivision Regulations to permit installation of a decorative street lighting system on the Property. Section 3: Approval, Execution, and Recordation of Final Plat. A. The Final Plat, prepared by Engineering Resource Associates, Inc., consisting of four sheets, dated April 4, 2007, is hereby approved pursuant to Section 14-4-1C of the Subdivision Regulations. B. The Village Clerk is hereby authorized to execute and seal, on behalf of the Village, the Final Plat, following execution by the Applicant and any other party with an interest in the Property and subject to certification that there are no property tax delinquencies, as well as all other certifications as necessary. C. The Village Clerk is hereby directed to record the Final Plat with the Office of the DuPage County Recorder upon satisfactory completion of all administrative details related thereto. Resolution 2007- ZO- SD- FP -EX1 -R -988 Approving Final Plat Brittwood Creek Sbdvsn. (S.E. Corner Rt. 83 & 35th St, Oak Brook, IL 60523 - (06 -35- 301 -014; 06 -35- 301 -015; 06 -35- 301 -016) Page 2 of 5 Section 4: Conditions. The findings set forth in Section 1, the waiver granted in Section 2, and the final plat approval granted in Section 3 of this Resolution shall be, and they each are hereby, expressly subject to and contingent upon the each of the following: A. No vehicular access shall be permitted to or from the Property and 35th Street except via the approved Brittwood Creek entrance and a secondary access point to be designated solely for use by emergency vehicles. B. Subject to the approval by the Village President and Board of Trustees of a variation permitting the construction of a solid fence along the western boundary of the Property parallel to Route 83 and along the northern and southern boundaries of the Property on the Property, the design and materials of such fence shall be in substantial conformance with the design and materials submitted to and reviewed by the Plan Commission at its public meeting concerning the Final Plat. C. That the final plat and final engineering be revised and approved by the Village Engineer. D. Prior to the issuance of any demolition or building permit for the Property, the Applicant and Owner shall have received approval of the Village Engineer of a final engineering plan in accordance with all applicable laws and regulations. E. The approvals granted pursuant to this Resolution shall not authorize the development, construction, reconstruction, alteration, or moving of any buildings or structures on the Property, but shall merely authorize the preparation, filing, and processing of applications for any permits or approvals that may be required by the codes and ordinances of the Village, including without limitation demolition and building permits. F. In addition to the other specific requirements of this Resolution, the Property and all operations conducted thereon shall comply at all times with all applicable federal, state, and Village statutes, ordinances, resolutions, rules, codes, and regulations, including building, electrical, and fire prevention codes, except as may be varied or modified herein or as set forth in the Final Plat. G. The Property and all operations conducted thereon shall comply at all times with all terms of the Preliminary Plat Approval not in conflict with this Resolution. H. That all other requirements, conditions and standards of the Subdivision Regulations of the Village of Oak Brook, including the required subdivision agreement and covenants, except as waived or limited by this Resolution, shall be approved and applicable to the subdivision and development of the Brittwood Creek Subdivision. Section 5: All resolutions or parts thereof in conflict with the provisions of this Resolution are hereby repealed to the extent of the conflict. Section 6: This resolution shall be in full force and effect from and after its passage, approval and publication as required by law. Resolution 2007- ZO- SD- FP -EX1 -R -988 Approving Final Plat Brittwood Creek Sbdvsn. (S.E. Corner Rt. 83 & 35" St, Oak Brook, IL 60523 - (06 -35- 301 -014; 06 -35- 301 -015; 06 -35 -301= 01'6 Page 3 of 5 APPROVED THIS 14th day of August, 2007. PASSED THIS 14th day of August, 2007. Ayes: Trustees Carson, Kennedy, Manofsky, Sanford and Wolin Nays None Absent: Trustee Saiyed �v Y � G ter, ATTEST: Q V U l �arlotte K. Pruss illage Clerk Resolution 2007- ZO- SD- FP -EX1 -R -988 Approving Final Plat Brittwood Creek Sbdvsn. (S.E. Corner Rt. 83 & 35th St, Oak Brook, IL 60523 - (06 -35- 301 -014; 06 -35- 301 -015; 06 -35- 301 -016) Page 4 of 5 LEGAL DESCRIPTION PARCEL 1: THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35 (EXCEPT THE EASTERLY 450.0 FEET OF THE NORTHERLY 500 FEET THEREOF AND ALSO EXCEPT THAT PART OF PARCEL 1 DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 35; THENCE NORTH 01 DEGREES 09 MINUTES 00 SECONDS WEST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 170.41 FEET; THENCE SOUTH 46 DEGREES 16 MINUTES 30 SECONDS WEST, A DISTANCE OF 240.47 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SOUTHWEST QUARTER; THENCE NORTH 88 DEGREES 12 MINUTES 14 SECONDS EAST ALONG SAID LAST DESCRIBED LINE, A DISTANCE OF 170.41 FEET TO THE POINT OF BEGINNING) ALL IN TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DU PAGE COUNTY, ILLINOIS. PARCEL 2: THAT PART OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST 1/4 OF SECTION 35;THENCE WESTERLY ALONG THE SOUTH LINE OF SAID SOUTHWEST 1/4, A DISTANCE OF 299.6 FEET FOR A POINT OF BEGINNING; THENCE CONTINUING WEST ALONG SAID SOUTH LINE OF SAID SOUTHEAST 1/4, A DISTANCE OF 1025.02 FEET TO THE SOUTHWEST CORNER OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35; THENCE NORTHERLY ALONG THE WEST LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4, A DISTANCE OF 1327.68 FEET TO THE NORTHWEST CORNER OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35;THENCE EASTERLY ALONG THE NORTH LINE OF SAID SOUTHEAST 1/4. A DISTANCE OF 930.18 FEET TO THE NORTHWEST CORNER OF LOT 1, IN THE CENTER OF A CREEK, IN PIERCE RICHARDSON'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT NO.903280; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID LOT 1, BEING ALSO THE CENTERLINE OF A CREEK, THE FOLLOWING 8 COURSES AND DISTANCES: 1) THENCE SOUTH 11 DEGREES 09 MINUTES EAST, A DISTANCE OF 21.77 FEET; 2) THENCE SOUTH 76 DEGREES 35 MINUTES 30 SECONDS EAST, A DISTANCE OF 78.66 FEET; 3) THENCE SOUTH 29 DEGREES 15 MINUTES 30 SECONDS WEST, A DISTANCE OF 41.82 FEET; 4) THENCE SOUTH 17 DEGREES 46 MINUTES 30 SECONDS EAST, A DISTANCE OF 110.97 FEET; 5) THENCE NORTH 81 DEGREES 46 MINUTES 39 SECONDS EAST, A DISTANCE OF 35.71 FEET; 6) THENCE SOUTH 19 DEGREES 40 MINUTES WEST, A DISTANCE OF 25.79 FEET; 7) THENCE SOUTH 25 DEGREES 41 MINUTES EAST, A DISTANCE OF 47.97 FEET; 8) THENCE SOUTH 22 DEGREES 35 MINUTES WEST, A DISTANCE OF 45.49 FEET TO A CROSS IN THE CENTER OF BRIDGE OVER SAID CREEK, AT THE NORTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND KNOWN AS LOT 2 IN TESTS SECOND PLAT OF SURVEY, RECORDED AS DOCUMENT NO. 656333; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID LOT 2, BEING ALSO THE CENTERLINE OF A CREEK, THE FOLLOWING SEVEN COURSES AND DISTANCES: 1) THENCE SOUTH 30 DEGREES 11 MINUTES WEST, A DISTANCE OF 49.80 FEET; 2) THENCE SOUTH 00 DEGREES 26 MINUTES WEST, A DISTANCE OF 38.3 FEET; 3) THENCE SOUTH 26 DEGREES 45 MINUTES EAST, A DISTANCE OF 51.9 FEET; 4) THENCE SOUTH 19 DEGREES 13 MINUTES WEST, A DISTANCE OF 46.25 FEET; 5) THENCE SOUTH 57 DEGREES 57 MINUTES EAST, A DISTANCE OF 50.2 FEET; 6) THENCE SOUTH 02 DEGREES 41 MINUTES EAST, A DISTANCE OF 50.6 FEET; 7) THENCE SOUTHEASTERLY 47.0 FEET TO THE SOUTHWEST CORNER OF SAID TRACT KNOWN AS LOT 2, WHICH IS ALSO THE NORTHEASTERLY CORNER OF LOT 1 IN IOZZO SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT NO. R66- 34631; THENCE SOUTH 69 DEGREES 05 Resolution 2007- ZO- SD- FP -EX1 -R -988 Approving Final Plat Brittwood Creek Sbdvsn. (S.E. Corner Rt. 83 & 35`h St, Oak Brook, IL 60523 - (06 -35- 301 -014; 06 -35- 301 -015; 06 -35- 301 -016) Page 5 of 5 MINUTES WEST ALONG THE NORTH LINE OF SAID LOT 1 IN IOZZO SUBDIVISION, A DISTANCE OF 116.45 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 1; THENCE SOUTH 24 DEGREES 22 MINUTES WEST ALONG THE WESTERLY LINE OF SAID LOT 1, A DISTANCE OF 318.33 FEET TO THE NORTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND KNOWN AS LOT 1 IN ALEXANDER'S PLAT OF SURVEY, RECORDED AS DOCUMENT NO. 601838; THENCE SOUTH 23 DEGREES 32 MINUTES WEST ALONG THE WESTERLY LINE OF SAID TRACT KNOWN AS LOT 1, A DISTANCE OF 387.2 FEET, TO THE SOUTHWEST CORNER OF SAID TRACT; THENCE SOUTH 76 DEGREES 49 MINUTES EAST ALONG A SOUTHERLY LINE OF SAID TRACT, KNOWN AS LOT 1, IN ALEXANDER'S PLAT OF SURVEY, A DISTANCE OF 146.0 FEET; THENCE SOUTH 70 DEGREES 43 MINUTES EAST ALONG THE SOUTHERLY LINE OF SAID TRACT KNOWN AS LOT 1, A DISTANCE OF 139.2 FEET TO THE POINT OF BEGINNING, (EXCEPT THAT PART THEREOF FALLING IN FPD /BASIC LIFE ASSESSMENT PLAT RECORDED AS DOCUMENT R2003- 121963) PARCEL 3: THAT PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN WHICH LIES SOUTH OF THE SOUTH LINE OF 35 TH STREET AND EAST OF THE EASTERLY LINE OF ILLINOIS ROUTE 83, (EXCEPT THAT PART THEREOF FALLING IN FPD /BASIC LIFE ASSESSMENT PLAT RECORDED AS DOCUMENT R2003- 121963) ALL IN DU PAGE COUNTY, ILLINOIS.