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R-781 - 06/26/2001 - SUBDIVISION - Resolutions Exhibitsi Mail To Mr. Dick Martens Village of Oak Brook 1200 Oak Brook Road �.� Oak Brook, IL 60523 d 1" d I'm w a n v w oC 4 U SPECIAL WARRANTY DEED Corporation to Corporation J.P. "RICK" CARNEY OUPAGE COUNTY AECORD�R40 AM JUN , 05, 2001 GEED 06-26-301-059 005 PAGES R2001- 107718 THIS DEED is made on this 2-'Z- day of M 2001, between THE LNTOR, Forest Gate, Inc. an Illinois corporation and au o zed to transact business in State of Illinois, having a business address of 808 Eas Ogden Avenue, Westmont, )is 60559, and THE GRANTEE, Village of Oak Brook, an Illinois municipal oration, 1200 Oak Brook Road, Oak Brook, Illinois 60523 The Grantor, in consideration of the vacation of Surrey Drive by the Village of Oak Brook and other good and valuable consideration in hand paid by Grantee, the receipt whereof is hereby acknowledged, and pursuant to the authority given by the Board of Directors of the above entitled corporation, CONVEYS and WARRANTS to Grantee, the following described real estate situated in the County of DuPage and State of Illinois, to wit LOT 82 IN FOREST GATE, A RESUBDIVISION OF PART OF OAK BROOK VILLAGE GREEN SUBDIVISION IN THE SOUTHWEST 1/4 OF SECTIOti 26, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL NERIDIAN, ACCORDING TO THE PLAT OF SAID FOREST GATE, RECORDED AUGUST 6, 1999 AS DOCUMENT R1999- 172958, AND CERTIFICATE OF CORRECTION RECORDED AUGUST 30, 2000 AS DOCUMENT R2000- 135410, IN DUPAGE COUNTY, I LLL�FOIS Subject to the following reservation of easements. 1. Easement for Emergency Ingress and Egress Grantor expressly reserves to per unto itself, its successors and assigns, the right to use the above described property at all times for emergency ingress and egress to and from the private road system of Forest Gate Subdivision 2, Temporary Easement for Construction Grantor expressly reserves to tse 1f, its successors and assigns, its agents, employees, subcontractors, and vendors, a te:npo_ry ra easement to enter onto the above described property and have access to the pri`ate road sys tern of Forest Gate Subdivision This temporary easement is for the express pu-pcse of allowing access to the adjoining property to the North and West for the completion of all construction work within Forest Gate Subdivision This grant of temporary easerrenr w-11 J. P. Rick" Carney ey 82001107718 DuPage County Recorder i terminate thirty days after the issuance of a final certificate of occupancy for the last unit to be built within Forest Gate or March 17, 2050, whichever shall first occur 3 Easement for Landscaping Grantor expressly reserves in perpetuity unto itself, its successors and assigns, the right to maintain a fence, entry gate and landscaping within the northerly 4 feet of Lot 82 Grantor, as Declarant defined in the Declaration of Covenants, Conditions and Restrictions for Forest Gate Subdivision dated July 20, 1999 and recorded on August 6, 1999 as Document R1999- 172960, does hereby terminate all covenants, conditions and restrictions of said Declaration as may be applied to Lot 82 of Forest Gate Subdivision. This statement o i termination is made pursuant to Article Nineteen, Section 19 7 of the Declaration And the grantor, for itself, and its successors, does covenant, promise and agree, to and with the grantee, its successors and assigns, that it has not done or suffered to be done, an whereby the said premises hereby granted are, or may be, in any manner encumbered or charged, except as set forth in this deed, and covenants further that it will warrant and defend the property against all persons lawfully claiming by, through, or under it, subject to any liens, encumbrances or charges against property title except as set forth in Schedule "B" attached hereto This conveyance is further subject to general real estate taxes for the year 2000 and subsequent years, covenants, conditions, restrictions and casements or record, and all applicable zoning laws and ordinances Permanent Real Estate Index Numbers 06 -26- 301 -059 Address of Real Estate- No common address has been assigned This parcel adjoins the property commonly known a Oak Brook, Illinois. 6a5,.Z/ to 04 4 IN WITNESS WHEREOF, said Grantor has caused its name to be signed to these pri sents by its President, and attested by its Secretary, on this `2—Z day of , 2001 Illinois an • or • f. gm J. P. "Rick" I i Carney e R2001107718 DuPage County Recorder State of Illinois } County of �'e. ) Notary Public in and for the above County and State, certify that David G. Callaghan and Daniel P Callaghan, personally known to me to be the President and Secretary, of the corporation which is the grantor, and personally known to me to be the Piresident and Secretary of the corporation and personally known to me to be the same persons whose names are subscribed to the preceding instrument appeared before me this day in person and acknowledged that they had signed and delivered the instrument as their free and voluntary act, and as the free and voluntary act of the corporation, for the uses and purposes set forth in that document Dated Notary Public This instrument was prepared by Robert M Claes, Attorney At Law Robert M Claes, Ltd 1306 Ptainfield Road Darien, Illinois 60561 AF IX TRANSFER STAMPS BELOW transfer is exe x2tia "f for Date "OFFICIAL SEAL" SANDRA L. FASTER Notary Public, State of iftinols Ny Commis. Exp.res 05rZ3r2 w to 35 ILCS 200131 -45b OJ J. P. "Rick" Carney 82001107718 DuPage County Recorder SCHEDULE B TO SPECIAL WARRANTY DEED FOREST GATE, INC. 1. Rights of way for drainage tiles, ditches, feeders, laterals and underground pipes, if any 2. The land lies within the Hinsdale Sanitary District which has accepted federal grants for sewage treatment works pursuant to Public Law 92 -500. Federal law requires a user charge system separate from general ad valorem property taxes. 3. Covenants and restrictions (but omitting any such covenant or restriction based on race, color, religion, sex, handicap, familial status or national origin unless and only to the extent that said covenant (A) is exempt under Chapter 42, Section 3607 of the United States Code or (B) relates to handicap but does not discriminate against handicapped persons, relating in part to association, assessments and lien thereof, contained in the document recorded August 6, 1999 as Document No R1999- 172960 which does not contain a reversionary of forfeiture clause. 4. Building line as shown on the plat of Forest Gate aforesaid, as follows 15 foot and 20 foot building lines over Lot 79. See plat for exact location_ r r 5. Driveway easement as shown on the plat of Forest Gate aforesaid, as follows. Q 7 A Over portions of Lot 79 See plat for exact location. Deck/Patio easement as shown on the plat of Forest Gate as aforesaid, as follows: Over portions of Lot 79. See plat for exact location. Wetland and conservation easement as shown on the plat of Forest Gate, aforesaid as follows Over the westerly portion of Lot 79. See plat for exact location. Public utilities easement, as shown on the plat and set forth in the certificate on the plat of Forest Gate, aforesaid, as follows J. P. "Rick" Carney R2001107718 DuPage County Recorder Over all of Lots 79, 80, and 82 (except deck/patio easement areas). 9. Non - exclusive drainage easement, as shown on the plat and set forth in the certificate on the plat of Forest Gate, aforesaid, as follows: Over and across Lot 79 10. As shown on the plat aforesaid, no vehicular access shall be allowed between Lot 79 and Oak Brook Road, S.B.I. Route 83, or Jorie Blvd. A "no vehicular access" line shall extend along the west, southwest, south and east lines of Lot 79 contiguous with these right of way. Also, there shall be no vehicular access between Forest Gate Road and that part of Lot 79 lying east of Lot 80. 11. Easement in favor of Commonwealth Edison Company, and its/their respective successors and assigns, to install, operate and maintain all equipment necessary for the purpose of serving the land and other property, together with the right of access to said equipment, and the provisions relating thereto contained in the plat recorded/filed as Document No RI999- 253639, affecting the common areas of the land) W, - 12 The plat of subdivision recorded August 6, 1999 as Document Number R1999- 172958 includes a certification by the surveyor that the land is not located within a special flood area identified by the Federal Emergency Management Agency - 13 Terms, provisions and conditions contained in subdivision improvement agreement for Forest Gate recorded August 6, 1999 as Document Number R1999- 172959, together with fees contained therein. J. P. "Rick" Carney R2001107718 DuPage County Recorder