R-1429 - 01/13/2015 - IGA - Resolutions RESOLUTION 2015-BFH-IGA-R-1429
A RESOLUTION CONSENTING TO CERTAIN IMPROVEMENTS AT THE BEN FULLER HOUSE
WHEREAS, the Village of Oak Brook ("Village"), the Village of Hinsdale ("Hinsdale"), and the
Forest Preserve District of DuPage County ("District'l (the Village, Hinsdale, and the District are
collectively, "Parties") entered into an intergovernmental agreement dated July 30, 1991
("Agreement"), pursuant to which, the Parties agreed to own, as tenants in common, the property in the
vicinity of Graue Mill, on which the Ben Fuller House is located ("Property"); and
WHEREAS, pursuant to the Agreement, the Parties entered into a July 30, 1991 Declaration of
Restrictive Covenant, which provides, among other things, that no structures of any kind, including paved
parking areas, may be constructed or erected on the Property without the Agreement of all of the Parties
("Covenant"); and
WHEREAS, the District desires to make improvements to the Ben Fuller House which will require
the new utility connections to be routed along the south edge of the existing parking lot, as more fully
specified in the letter from the District to the Village attached hereto as Exhibit A ("Improvements"); and
WHEREAS, in accordance with the Covenant, the District has requested that the Village consent
to the Improvements; and
WHEREAS, the President and Board of Trustees, being fully advised in the premises, have
determined that it is in the best interests of the Village and its residents to consent to the Improvements;
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 hereby incorporated into, and made a part
of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: Consent to the Improvements. The President and Board of Trustees hereby
consent to the Improvements.
Section 3: Authorization and Execution of Documentation. The Village Manager and Village
Clerk are hereby authorized and directed to execute such documents as are necessary to consent to the
Improvements.
Section 4: Effective Date. This resolution shall be in full force and effect immediately upon its
passage and approval in the manner provided by law.
[SIGNATURE PAGE FOLLOWS]
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Resolution 2015-BFH-IGA-R-1429
Consenting to Improvements at
the Ben Fuller House
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APPROVED THIS 13th day of January, 2015
Gopal G. Lalmalani
Village President
PASSED THIS 13th day of January, 2015.
Trustees Adler, Baar, Manzo, Moy, Wolin, Yusuf
Ayes:
Nays: None
Absent: None
ATTEST
Charlotte K. Pruss
Village Clerk
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Resolution 2015-BFH-IGA-R-1429
Consenting to Improvements at
the Ben Fuller House
Page 3 of 3
EXHIBIT A
Letter
Forest Preserve District of DuPage County
35580 Naperville Road Wheaton,IL 60189-8761 630.933.7200 Fax 630.933.7204 TTY 800.526.0857
July 24,2014
Mr.Michael Hullihan
Public Works/Engineering Director
1200 Oak Brook Road
Oak Brook, IL 60523
RE: Ben Fuller House
Project No.Z-120-001
Dear Mr. Hullihan:
The Forest Preserve District of DuPage County is currently working on design plans for
improvements to the Ben Fuller House located at 3803 S. York Road,Oak Brook,IL. The design
plans will call for new utility connections to the house that will be routed along the south edge of
the existing parking lot. This alignment will impact parcel #0636405003 to the south of the
house and parking lot that is jointly owned by the Village of Oak Brook, the Village of Hinsdale
and the Forest Preserve District of DuPage County. There is a Restrictive Covenant (R91-
134930) over that parcel that states that no structures shall be built on the property without the
permission of all parties.
I am formally requesting permission from the Village of Oak Brook for the construction of
utilities serving the Ben Fuller House on this parcel. Please respond in writing if you grant
permission for the Forest Preserve District to construct these improvements.
Sincere ,
Andrea Hoyt
Director of Planning
cc: Mary Ellen Weller,Manager of Landscape Architecture
Jessica Ortega, Landscape Architect Supervisor
1412020JAO
Mailing Address: P.O.Box 5000 • Wheaton,IL 60189-8761 • wwwdupageforest.org
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I d
DECLARATION OF RESTRICTIVE COVENANTS�
THIS DECLARATION, made as of this day of
-1991, 'by the FOREST PRESERVE DISTRICT OF DUPAGE
COUNTY, a body politic and corporate, the VILLAGE OF HINSDALE, an
Illinois municipal corporation, and the VILLAGE OF OAK BROOK, an
Illinois municipal corporation (singularly the "Party" or
collectively the "Parties" ) .
W I T N E SS E T H:
WHEREAS, the Parties are,,the owners as tenants in common of
certain property located in OuPage County, Illinois, described in
Exhibit A attached hereto and, by*this reference, made a part
hereof (the "Property"); and -1-
WHEREAS, the Parties entered into that certain
Intergovernmental Agr6ement dated 1991, (the
"Agreement" ) concerning the purchase of the Property; and
WHEREAS, the Parties have determined that it is reasonable,
necessary, and in the public' s interest and welfare to use the
Property in such a manner so as to further develop the Parties'
system of water and storm water management; and
WHEREAS, the Agreement provides that the Property is to be
used solely for natural resource conservation, water and storm
water management, paissive recreation.' and the education of the
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public including the development of historic facilities related
thereto and that no Party may sell, assign, lease, or otherwise
transfer any interest in the Property without the prior written
consent of the other Parties; and
WHEREAS, the Parties hereby declare their intention to so
restrict the use and transferability of the Property;
NOW, THEREFORE, in consideration of the premises, mutual
covenants, and agreements herein set forth, the Parties do hereby
declare that the Property shall be subject to . the following
restrictions and covenants:
l .. The recitals set forth above are incorporated herein by
reference and made a part hereof.
2 . The Property shall be used only for natural resource
conservation, water and storm water management, passive
recreation, and the education of the public including the
development of historic facilities related thereto. No
structures of any kind, including paved parking areas, may be
constructed or erected on the Property without the agreement of
all the Parties.
3. No Party may sell, assign, lease, or otherwise transfer
any interest in the Property without the prior written consent of
the other Pa'rti'es.
4. Any Party shall have the right to enforce, by any
proceeding at law or in equity, any and all covenants or
restrictions now or hereafter imposed by the provisions of this
Declaration. The failure, if any, to enforce any provision
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contained herein shall not operate or be construed as a waiver of
any subsequent breach of such provision or any other provisions.
5. The covenants and restrictions contained herein are
expressly intended to run with the land and shall be binding upon
and inure to the Parties and their successors, assigns, and legal
representatives.
6. If any of the covenants or restrictions contained
herein shall be declared to be unlawful, void, or voidable for
violation of the rule against perpetuities or restraints on
alienation, then such provision shall continue only until 21
years after the death of the survivor of the now living
descendents of the President of the United States, George Bush,
and the Governor of Illinois, James Edgar.
7. This Declaration shall be construed and enforced
pursuant to the laws of the State of Illinois_
IN WITNESS WHEREOF, the Parties have set their hands this
3� day of 1991.
FOREST PRESERVE DISTRICT OF
DUPAGE LINTY, a body politic
and orp rate.
By
re dent
ATTEST•
f'
Secreta /
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VILLAGE OF HINSDALE, an
Illinois municipal corporation
B y: GJ,G, 4ArN Pass
Vil age Pr t s en
ATTEST:
Village Clerk
VILLAGE OF OAK BROOK, an
Illinois municipal corporation
By:
Village President
ATTEST,'(94�
Vil ge Clerk
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' THAT PART OF LOT 3 IN GRAUE'S ASSESSMENT PLAT NO. 2, LOCATED IN THE SOUTHEAST 1/4
OF SECTION 36, TOWNSHIP 35 NORTH. RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN.
ACCORDING TO THE PLAT THEREOF RECORDED MARCH 19, 1947 AS DOCUMENT 517568 AND
DESCRIBED AS ,BEGINNING AT THE NORTH EAST CORNER OF LOT 4 IN SAID GRA UE'S PLAT;
THENCE NORTH ON THE EXTENSION NORTH OF THE EAST LINE OF SAID LOT 4, 175 FEET, TO
THE NORTH LINE OF SAID LOT 3; THENCE WEST ON NORTH LINE OF SAID LOT 3 TO THE EAST
RIGHT OF WAY LINE OF YORK ROAD AS RECORDED BY DOCUMENT 163041; THENCE SOUTH ON
SAID EAST RIGHT OF WAY, '176.6 FEET TO THE NORTHWEST CORNER OF SAID LOT 4; THENCE
EAST ON THE NORTH LINE OF SAID LOT 4, 425.06 FEET TO THE POINT OF BEGINNING, IN
DUPAGE COUNTY, ILLINOIS.
PERMANENT PARCEL NO. 06 36 405 002
(iuommonik:known' as vacant land East of the intersection of Spring Road and York
Road, Hinsdale, IL)
PREPARED BY:
Paul M. Mitchell
111 E. Jefferson, Box 359
Naperville, IL 60566-0359
EXHIBIT A
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