R-988 - 08/14/2007 - SUBDIVISION - Resolutions Supporting Documents•
AGENDA ITEM
Regular Board of Trustees Meeting
of
August 14, 2007
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SUBJECT: Final Plat of Subdivision -- Brittwood Creek Subdivision
FROM: Peter M. Friedman, Acting Village Attorney
BUDGET SOURCE/BUDGET IMPACT: None
RECOMMENDED MOTION: I move to, pass Resolution R-988, A Resolution Approving the
Final Plat for Brittwood Creek Subdivision
Background/History:
Per recommendation of the Plan Commission, the President and Board of Trustees have directed
the Acting Village Attorney to draft this Resolution which requests approval of the Final Plat for
Brittwood Creek, a parcel of approximately 57 acres located at the southeast corner of Route 83
and 35th Street.
Recommendation:
I recommend that Resolution R -988 be considered for passage.
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Village of
Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523 -2255
Website
www.oak- brook.org
Administration
630.368.5000
FAX 630.368.5045
Community
Development
630.368.5101
FAX 630.368.5128
Engineering
Department
630.368.5130
FAX 630.368.5128
Fire Department
630.368.5200
FAX 630.368.5250
Police Department
630.368.8700
FAX 630.368.8739
Public Works
Department
630.368.5270
FAX 630.368.5295
Oak Brook
Public Library
600 Oak Brook Road
Oak Brook, IL 60523 -2200
630.368.7700
FAX 630.368.7704
Oak Brook Sports Core
Bath & Tennis Club
700 Oak Brook Road
Oak Brook, IL 60523 -4600
630.368.6420
FAX 630.368.6439
Golf Club
2606 York Road
Oak Brook, IL 60523 -4602
630.368.6400
FAX 630.368.6419
March 28, 2008
Brittwood Creek LLC
Attention: Ms. Laura Aniballi
900 Oakmont Lane, Suite 110
Westmont, IL 60559
Re: Recorded Documents for Brittwood Creek Subd }'vision on February 28, 2008:
RESOLUTION 2007- ZO- SD- FP -EXI -R -988 V
R2008- 032025
BRITTWOOD CREEK FINAL PLAT OF SUBDIVISION
R2008- 032026
ORDINANCE 2007- ZO- SD -V -S -1201
82008- 032027
SUBDIVISION IMPROVEMENT AGREEMENT
R2008- 032028
DECLARATION OF STORMWATER FACILITIES
R2008- 032029
DECLARATION OF COVENANTS
R2008- 032030
Vacant Land - Southeast Corner of Rte. 83 & 35"' Street
Oak Brook, Illinois 60523
PIN #06 -35 -301 -014, 06 -35- 301 -015 & 06 -35- 301 -016
Dear Ms. Aniballi:
Copies of the above noted recorded documents are enclosed for your information. These
are important records and should be retained in a secure area within your files.
If you need any further assistance in this matter, feel free to contact me at 630 - 368 -5056
on Monday through Friday from 9am to 5pm.
Sincerely,
Linda M. Andrys
Records Management Clerk
/lma
Enclosures
cc: Dale L. Durfey, Jr., Village Engineer
Robert L. Kallien, Jr., Director of Community Development
Official Files
/RECDOC /2008 - RECLTR- SD- FP- BRITTWOOD CREEK - VACANT LAND -SE CORNER RTE 83 & 35TH ST
FRED BUCHOLZ
DIIPPGE COUNTY RECORDER
FEB28,2008 9:12 PM
OTHER 06-35- 301 -016
007 PAGES R2008- 032025
(Above Space For Recorder's Office Only)
VILLAGE OF OAK BROOK
1200 Oak Brook Road
Oak Brook, Illinois 60523 -2255
RECORDED DOCUMENT TITLE PAGE
Title of Document RESOLUTION 2007- ZO- SD- FP -EX1 -R -988
A RESOLUTION APPROVING THE FINAL PLAT
FOR BRITTWOOD CREEK SUBDIVISION
Property Address /es VACANT LAND - SOUTHEAST CORNER OF ROUTE 83 AND 35TH STREET
(If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523.)
OAK BROOK, ILLINOIS 60523
Pin /s Number 06 -35- 301 -014, 06 -35 -301 -015 AND 06 -35- 301 -016
Name & Address of Applicant: BRITTWOOD CREEK LLC
900 OAKMONT LANE, SUITE 110, WESTMONT, IL 60559
Name & Address of Responsible BRITTWOOD CREEK LLC /ATTENTION: LAURA ANIBALLI
Party to Receive Copy of 900 OAKMONT LANE, SUITE 110
Recorded Document and Billing: WESTMONT, IL 60559
G/L Account # to be Charged: 10 -1365
Prepared By: Villaqe of Oak Brook Return o: Village of Oak Brook
1200 Oak Brook Road 1200 Oak Brook Road
Oak Brook, Illinois 60523 Oak Brook Illinois 6052
Name & Address of Recipient N/A
of Consideration (when applicable):
G/L Account # to be Charged:
0
RESOLUTION 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)
PI N'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, I L 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 & 35th St,
Oak Brook, IL 60523 - (06 -35- 301 -014;
06 -35- 301 -015; 06-35-301-016
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
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ATTEST:
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harlotte K. Pruss
illage Clerk
Irm
Resolution 2007- ZO- SD- FP -EX1 -R -988
Approving Final Plat
Brittwood Creek Sbdvsn.
(S.E. Corner Rt 83 & 35"' St,
Oak Brook, I L 60523 - (06 -35- 301 -014;
06 -35- 301 -015; 06 -35- 301 -016)
Page 4 of 5
EXHIBIT A
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
I
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 5of5
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.
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STATE OF ILLINOIS )
SS.
COUNTIES OF COOK AND DUPAGE )
I, Charlotte K. Pruss, do hereby certify that I am the duly elected and acting Village Clerk
of the Village of Oak Brook, DuPage and Cook Counties, Illinois.
I DO FURTHER CERTIFY that on August 14, 2007 , the corporate authorities
of the above municipality passed and approved
Resolution 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)
P I N's 06 -35- 301 -014; 06 -35- 301 -015; and 06 -35- 301 -016
I DO FURTHER CERTIFY that the original document, of which the annexed copy is a
true copy, is entrusted to my care for safekeeping and I am the keeper of the same.
I DO FURTHER CERTIFY that I am the keeper of the records, journals, entries,
resolutions, ordinances and documents of the said Village of Oak Brook, DuPage and Cook
Counties, Illinois.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of
the Village of Oak Brook this 20th day of August, 2007.
�.`a _erg.
1-4
Charlotte K. Pruss
Village Clerk
Village of Oak Brook
DuPage and Cook Counties, Illinois