G-378 - 03/11/1986 - SUBDIVISION - Ordinances SMr30sVOS/oN
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ORDINANCE N0. G— 378 oW"�R S
ORDINANCE AMENDING FORM OF OWNER'S CERTIFICATE
AS SET FORTH IN APPENDIX A TO APPENDIX B
(SUBDIVISION REGULATIONS)
OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK
WHEREAS, the Village of Oak Brook wishes to clarify further the
permissible use of utility easements; and
WHEREAS, the Oak Brook Plan Commission has considered this matter at a
public hearing on February 17, 1986 pursuant to the provisions of Article XII,
Section 2 of the Subdivision Regulations and has recommended that the Owner's
Certificate be modified by stating explicitly that the Village or utility company
has the right, but not the obligation, to remove obstructions from public utility
easements; and
WHEREAS, the corporate authorities deem the following amendment to be
in the best interests of the residents of the Village of Oak Brook;
NOW, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That the Owner's Certificate in Appendix A to Appendix B
(Subdivision Regulations) is amended to read as follows:
APPENDIX A TO APPENDIX B
CERTIFICATES
OWNER'S CERTIFICATE
STATE OF ILLINOIS )
) SS
COUNTY OF DU PAGE )
This is to certify that the undersigned is the owner of the
land described in the annexed plat, and has caused the same to
be surveyed and subdivided, as indicated thereon, for the uses
and purposes therein set forth, and does hereby acknowledge
and adopt the same under the style and title thereon
indicated.
The undersigned hereby dedicates for public use the lands
shown on this plat for thoroughfares, streets, alleys and
public services; and hereby also reserves for and grants
easements for public use and for the installation of various
public utilities as designated and/or as stated in the utility
easement provisions which are stated hereon.
All easements indicated as public utility easements on this
plat are reserved for and granted to the Village of Oak Brook
and to those public utility companies operating under
franchise from the Village of Oak Brook including but not
limited to Illinois Bell Telephone Company, Northern Illinois
Gas Company, Commonwealth Edison Company, Downers Grove* or
Hinsdale Sanitary District*, and their successors and assigns
For the perpetual right, privilege and authority to construct,
reconstruct, repair, inspect, maintain and operate various
utility, transmission and distribution systems and including
storm and/or sanitary sewers together with any and all
necessary manholes, catch basins, connections, appliances and
other structures and appurtenances as may be deemed necessary
`•.- by said Village, over, upon, along, under and through said
indicated easements, together with right of access across the
property, for necessary men and equipment to do any of the
G -377
Ordinance No. G- 378
Amending Form of Owner's
Certificate
Page two
above work and the right is also granted to cut down, trim or
remove any trees, shrubs or other plants on the easement that
�-- interfere with the operation of sewers or other utilities. No
permanent buildings shall be placed on said easements, but
same may be used for gardens, shrubs, landscaping and other
purposes that do not then or later interfere with the
aforesaid uses or rights. Whenever the Village or affected
utility company determine that any trees, shrubs, other
vegetation or objects (hereinafter collectively known as
"obstruction") on said easements interfere with the aforesaid
uses or rights, the Village or utility company has the right,
but not the obligation, to remove the obstruction at the
owner's expense. The Village or affected utility company
shall apply grass seed where the obstruction has been removed,
but is not required to replace or repair any obstruction.
Location of utility installations within the easement shall be
subject to the approval of the Village of Oak Brook, as to
design and location. All installations are subject to the
ordinances of the Village of Oak Brook.
`.. Address
Dated this day of , 19
(*Insert only applicable agency where underlined)
Section 2: That the Village Clerk is hereby authorized to record in
the offices o�f the Du Page and Cook County Recorder of Deeds the following Notice
which pertains to lands within the corporate boundaries of the Village of Oak
Brook:
N O T I C E
All easements indicated as public utility easements on any
plat of lands in the Village of Oak Brook are reserved for and
granted to the Village of Oak Brook and to those public
utility companies operating under franchise from the Village
of Oak Brook including but not limited to Illinois Bell
Telephone Company, Northern Illinois Gas Company, Commonwealth
Edison Company, Downers Grove* or Hinsdale Sanitary District*,
and their successors and assigns for the perpetual right,
privilege and authority to construct, reconstruct, repair,
�.. inspect, maintain and operate various utility, transmission
and distribution systems and including storm and/or sanitary
sewers together with any and all necessary manholes, catch
basins, connections, appliances and other structures and
appurtenances as may be deemed necessary by said Village,
over, upon, along, under and through said indicated easements,
together with right of access across the property, for
necessary men and equipment to do any of the above work and
the right is also granted to cut down, trim or remove any
trees, shrubs or other plants on the easement that, interfere
with the operation of sewers or other utilities. No permanent
buildings shall be placed on said easements, but same may be
used for gardens, shrubs, landscaping and other purposes that
do not then or later interfere with the aforesaid uses or
rights. Whenever the Village or affected utility company
determine that any trees, shrubs, other vegetation or objects
(hereinafter collectively known as "obstruction") on said
easements interfere with the aforesaid uses or rights, the
Village or utility company has the right, but not the
obligation, to remove the obstruction at the owner's expense.
The Village or affected utility company shall apply grass seed
where the obstruction has been removed, but is not required to
replace or repair any obstruction. Location of utility
installations within the easement shall be subject to the
approval of the Village of Oak Brook, as to design and
location. All installations are subject to the ordinances of
the Village of Oak Brook.
Ordinance No. G- 378
Amending Form of Owner's
Certificate
Page three
Section 3: This Ordinance shall be in full force and effect from and
after its passage and approval as provided by law.
PASSED THIS 11th day of March , 1986.
Ayes: Trustees Bushy, Imrie, Maher, Philip, Rush and Winters
Nays: None
Absent: None
APPROVED THIS 11th day of March 1986.
ry
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Village President
ATTEST:
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VilAge Clerk
Approved as to Form:
a°
Village Attorney
Published 3/12/86 Pamphlet Form
Date Paper
Not Published
7
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
October 8, 1985
G54-2220
MEMO TO: Bruce F. Kapff, Assistant to Village Manager
FROM: Dale L. Durfey, Jr. , P.E.
SUBJECT: Planting of Trees in Utility Easements
David Gooder's Letter of October 4, 1985
As per your request, I have reviewed Dave's letter and offer the following
comments:
A. Specifically- Javid residence (Lot 16, 304 Midwest Club)
1. Permit #80-1-520 signed by me on 10/07/80.
2. Grading inspection on 5/17/82 noted trees on easements as being
`► unacceptable.
3. Several letters concerning the building permit deficiencies between
the time of the first inspection and now.
4. Building Commissioner Clark's letter to Dr. Javid of July 23, 1985
stating that all bonds have been forfeited and a certificate of
occupancy will not be issued due to incompletion of the exterior
portions of the building permit.
B. enerally - Trees within easements (Encroachment)
01. The concept of eliminating trees within easements was apparently
generated by the fact that trees hamper the operation and maintenance
of utilities within easements and, if utilities do not presently
exist, hamper the future use of those easements, especially when the
trees become very large. Therefore, there is reason to restrict
objects from being placed within easement areas.
2. Policy established by memorandum dated 10/07/81 establishing a
procedure concerning encroachments into public utility easements.
3. Policy established by memorandum dated 6/06/83 which established
the procedure of the final grade inspection noting whether any
trees are planted within existing easement areas.
4. Policy established by memorandum dated 11/19/84 establishing a
procedure for correction of encroachments as soon as possible
after they are noticed during construction of residential and
commercial properties.
5. For the last couple of years, we have included the note "Trees Not
Allowed Within Easements" on building permit site plans so the
applicant is made fully aware of this restriction. Even with this
note, some lots still place trees within easements.
RA FT 6:-3 7�
Mr. Bruce F. Kapff
October 8, 1985
Page 2
�► 6. Village staff does have a difficult time in being made aware of trees
being placed within easements. The only time in which regular
inspections are made on a piece of property is when it is within
a building phase and the site is inspected periodically under the
building permit. The only other time we are made aware of trees
within easements is by the occasional drive-by while going to
another location.
7. Another problem staff has concerning keeping up with trees placed
within easements is manpower. Since it is a fairly common occurrence
for residences to landscape thier properties, a full-time person
could devote all of his time to keeping track of encroachments and
trying to rectify them. Unfortunately, a spare full-time employee is
not available. Therefore, our policy is to follow-up with known
encroachments only as much as our workload permits which translates
into a very small percentage of our time.
8. The difficulty of enforcing the no trees within easement policy is
compounded by the fact that the Homeowners Association's which review
and approve landscaping plans for residential sites have not accepted
the Village's position of eliminating trees within easements and have
approved landscaping plans which specifically call for trees to be
placed within easements. Some years ago, I contacted the Midwest
Club Association and requested that they revise their policies and
cooperate with the Village restriction; however, they have refused to
do so
It appears that several options are available to the Village Board:
1. Do nothing. Keep present policy.
2. Revise the present policy and allow trees within easements that don't
house utilities, but keep the restriction for easements that do contain
utilities.
3. Allow trees within all easements (this is a poor alternative in that
maintenance costs would rise when maintaining underground utilities
within easements) .
4. Conditionally allow trees to be placed in easements that don't contain
utilities. Dave's Alternative 2 within his letter speaks to this option;
however, what happens when a property owner refuses to execute a covenant
to remove the trees at the owner's cost?
I trust the above provides additional information that the Village Board can use
to base a decision on.
Respectfully submitted,
P y /
Dale L. Durfey, Jr., P.E. ,
Village Engineer
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Attach.
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LORD, BISSELL & BROOK
115 SOUTH LASALLE STREET
CHICAGO, ILLINOIS 60603
(312) 443-0700 LOS ANGELES OFFICE
CABLE:LOWIRCO CGO - 3250 WILSHIRE BOULEVARD ,
TELEX'25-3070 LOS ANGELES,CALIFORNIA 90010
3000 Ronald Lane (213)487-70e4
�OAVID M. GOODER TELEX:18-1135
654-0561 Oak Brook, IL 60521
October 4 , 1985
President and Trustees
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60521
Re: Planting of Trees in Utility Easement
Dear President Cerne and Trustees :
A matter has been brought to my attention by Dr. Huahang
Javid who has recently built a home in the 'Midwest Club. He has
asked me to assist him in connection with the demand by the Village
staff that he remove trees from utility easements on his lot.
`., Dr. Javid was not aware of any restriction at the time the
landscaping plan was prepared for him by Theodore Brickman Company,
nor when the plan was approved by the Architectural Review Committee
of the Midwest Club who did not mention it to him, nor at the time
the planting of trees was actually done. Neither the Village nor
any utility company desires at this time to construct utility lines
on this lot. Furthermore, all lots in the subdivision are presently
supplied with sewer, water and other utilities so the liklihood of
any future utility line construction on the property is minimal .
The difficulty arises due to the lack of notice to pur-
chasers of residential lots of the Village restriction on planting
trees in utility easements created by the recording of plats of '
subdivision. This restriction is not set out explicitly in title
guaranty policies nor on plats of survey. The only place it appears
is embedded in the "Owner' s Certificate" on the plat of subdivision.
This is rarely, if ever, checked by buyers of lots or even by their
attorneys. (The certificate is set forth in Appendix A to the Sub-
division Regulations and a copy is attached. )
Since landscaping plans are not submitted to the Village
�,taff for review there is no opportunity for them to comment.
In light of the large amount of money already expended by
Dr. Javid to plant substantial trees in reliance on the approval of
the Architectural Review Committee and the additional cost of re-
moving them, Dr. Javid would like to have permission to leave them
in place on condition that he record a covenant running with the
bRA -.37 1 esident and Trustees
,LORD, BISSELL & BROOK V
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Page Two
land obligating him and all subsequent owners to remove the trees
from utility easements in the event that the Village should determine,
such removal to be necessary.
�. The following two alternative approaches are available to
accomplish this :
Alternative 1 . A waiver for Dr. Javid by the Board of
Trustees of the requirement in Appendix A upon the sug-
gested condition. It should be recalled that The John
Buck Company was permitted to proceed on this basis in
developing the property at 1111 22nd Street.
Alternative 2 . An amendment of Appendix A so that the
second sentence would read as follows :
"No permanent buildings (or trees) shall be placed on
said easements , but same may be used for gardens, shrubs,
landscaping and other purposes that do not theta or later
interfere with the aforesaid uses or rights provided that
any trees so planted shall be removed by the owner at no
cost to the Village whenever the Village determines that
such trees , or any one or more of them, interfere with the
aforesaid uses or rights and a covenant is recorded setting
forth said obligation of the owner. "
(Note : It is suggested that the .words in O be stricken
and the underlined words added. )
Under the existing circumstances the Board should feel
justified in adopting one or the other of the above :alternatives
and it is respectfully urged to do so.
Re ec fully ours,
/�T•
David M. Gooder
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APPENDIX TO APPENDIk
CERTIFICATES ,
OWNER'S CERTIFICATE
STATE OF ILLINOIS )
SS
COUNTY OF DUPAGE . ),
This is to certify that the undersigned is the owner of the
land described in the annexed plat, and has caused the
same to be surveyed and subdivided, as indicated thereon,
for the uses and purposes therein set forth, and does hereby .
acknowledge and adopt the same under the style and title
thereon indicated.
The undersigned hereby dedicates for public use the lands
shown on this plat for thoroughfares, streets, alleys and
public services; and hereby also reserves for and grants
i easements for public use and for the installation of various
public utilities as designated and/or as stated in the utility
easement provisions which are stated hereon.
All easements indicated as public utility easements on this
plat are reserved for and granted to the Village of Oak
Brook and to those public utility companies operating under
franchise from the Village of Oak Brook including but not
limited to Illinois Bell Telephone Company, Northern
Illinois Gas Company, Commonwealth Edison Company,
Oak Brook Utility Company*, Downers Grove* or Hinsdale
Sanitary Districts*, and their successors and assigns for the
perpetual right, privilege and authority to construct,
reconstruct, repair, inspect, maintain and operate' various
utility, transmission and distribution systems and including
storm and/or sanitary sewers together with any and all
necessary manholes, catch basins, connections, appliances
and other structurss and appurtenances as may be deemed
necessary by said Village, over, upon, along, under and
through said indicated easements, together with right of
access across the property, for necessary men and equip-
ment to do any of the above work and the right is also
granted to cut down, trim or remove any trees, shrubs or
other plants on the easement that interfere with the
operation of the sewers or other utilities." No permanent
buildings or trees shall be placed on said easements, but
same may be used for gardens, shrubs, landscaping and
other purposes that do not then or later interfere with the ---
aforesaid uses or rights. Location of utility installations
within the easement shall be subject to the approval of the
Village of Oak Brook, as to design and location. All
installations are subject to the ordinances of the Village of
Oak Brook
�— Address
Dated this day of _, 19—
(*Insert only applicable agency where italicized)
1085
-379 VILLAGE OF OAK BROOK Minute'% - - "'-6ecember 10, 1985
To direct the Village Attorney to prepare the necessary resolution
approving the Final Plat of Breakenridge Farm Unit 2, received November
7, 1985, subject to conformance with the issues addressed in memo from
Engineer Durfey dated December 6, 1985 and receipt of revised
Engineering Plans concurring with the recommendations to raise Adams
Road in two (2) places, identifying a No-Access strip along the .Adams
`. Road frontage of Lots 6 and 10, and make the necessary Plat
corrections.
VOICE VOTE: All present, in favor. So ordered.
H. Report of Activities
1. Finance & Library: Trustee Imrie - No report.
2. Personnel: Trustee Winters - Salary Administration Plan meeting
proposed for Saturday, December 14, 1985.
3. Public Safety: Trustee Bushy - Fire Department reported no structural
loss for the third quarter of 1985.
4. Public Works & Traffic: Trustee Rush - Contract for traffic signal at
Midwest Road has been let. Word; has not proceeded on bike trails along
York Road and all areas are to be reviewed.
5. Sports Core: Trustee Maher - No report.
`- 6. Zoning & Planning: Trustee Philip - No report.
VI NEW BUSINESS:
A. Oak Brook Park District Waiver of Fees:
Request for waiver of building permit fees related to expansion of the
multi-use shelter in the Central Park area.
Trustee Rush moved, seconded by Trustee Imrie. . .
To authorize the waiver of fees associated with the building permit as
allowed per Article VIII, Section 2-226 of the Code of Ordinances.
VOICE VOTE: All present, in favor. So ordered.
B.
Utility Easement Encroachment (304 Midwest Club Lot 16):
Request from Dr. Huahang Javid to allow trees to remain in utility
easement.
Trustee Philip moved, seconded by Trustee Rush. . .
To authorize the Village Attorney to prepare draft of amendment to
Appendix A to Appendix B of the Subdivision Control Ordinance making
reference that if the easement is needed for work, that trees are to be
removed at the owner's expense.
VOICE VOTE: All present, in favor. So ordered.
C. Sorts Core Bond Abatement:
Program initiated in 1979 and, reviewed annually.
Trustee Imrie moved, seconded by Trustee Rush. . .
To provide a taxpayer benefit by authorizing a Tax Abatement of
$300,000 of the tax to be levied in 1986 for the Sports Core Bond
retirement and to continue participation in the garbage pick-up of once
per week, at the curb, at a cost of $184,300.00, for a total Taxpayer
Benefit of $484,300.00, and that the Village Attorney be directed to
prepare the necessary ordinance to effectuate same.
L
VOICE VOTE: All present, in favor. So ordered.
VILLAGE OF OAK BROOK Minutes -5- December 10, 1985
DRAFT/G-37e
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VI LLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
654-2220
January 10, 1985
MEMO TO: Village President and Board of Trustees
FROM: Richard A. Martens, Village Attorney
SUBJECT: Obstructions in Easements
Per your direction at the December 10, 1985 Village Board meeting, I have drafted
the attached ordinance which clarifies permissible uses of utility easements. In
the draft ordinance, the Village is given the right, but not the obligation, to
remove obstructions from the utility easement at the owner's expense. In the event
the Village damages or removes an obstruction in the easement, the Village is
required to apply grass seed on the site, but is not required to make any further
restoration.
If the Board wishes to pursue this proposed amendment to our Subdivision
Regulations, the Board should refer the Village application to the Plan Commission
for the required public hearing.
Respectfully submitted,
s
Richard A. Martens
�.. Village Attorney
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Attachment
cc: John H. Brechin, Village Manager
bRAFT/G- 37T
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VILLAGE 01= -Old)I,NAM; rl.oUl JIM EN�` OAK. B R.0 O K _
,i 1200 OAK BROOK ROAD APPEAL
.. '3 VARIATION
OAK BROOK, ILLINOIS 60521 �
$100 $300
654-2220
VARIATION (--r SPECIAL USE
$300 $675
APPLICATION FOR PUBLIC HEARING
TO BE FILED WITH VILLAGE C AMENDMENT
LERK -$659-
SPECIAL USE
$400
(Section 2-225, 8/11/81)
ALL APPLICATIONS MUST BE ACCOMPANIED BY PROPER FEE, PLAT OF SURVEY, AND (18) COPIES OF A SCALE
DRAWING, SHOWING ALL PERTINENT APPLICABLE INFORMATION, i.e. , PROPERTY LINES, EXISTING BUILDINGS,
LOCATION OF PROPOSED CONSTRUCTION, ANY BUILDINGS ON ADJACENT PROPERTY WITHIN 100 FEET OF SUBJEu
PROPERTY.
DO NOT MITE IN THIS SPACE -- FOR OFFICE USE ONLY
Dar- Filed: !y�$6 Board of Trustees Referral /
Notice Published: a S 6 Newspaper:
Date Adjacent Property Owners Notified: ,-A- ,Staff Referral: /L'IA'
Public Hearing Dates: Plan Commission Z//7,/ $6 .. Zoning Board of Appeals
Board of Trustees Z/2 Srr $6 Board of Trustees 1 86
Oppioval of Ordinance.
FEE PAID: $ — Receipt No. : Received By:
OL5�11 a c�
Village Clerk
APPLICANT' TO COMM=
LOCATION OF SUBJECT PROPERTY: PERMANENT PARCEL NUMBER
LOT 40. SUBDIVISION ADDRESS
� 5u�nw/Sio,v
•ZONING BeHI i6-ORDINANCE' SECTION ,..�j�F�. /'7
ACTION REQUESTED �isteha
zva-
PROPERTY INTEREST OF APPLICANT: OWNER CONTRACT PURCHASER AGENT
A
Ot,NER(S) OF RECORD PHONE NUMBER
ADDRESS ZIP
BENEFICIARY(IES) OF TRUST: PHONE NUMBER
ADDRESS ZIP
NAME OF APPLICAN'P PHONE NUMBER 6 Szf-2_Z20
ADTA...3S 1200 44/k- �ooeE- �r7_ ZIP g O
I (we) certify that all of the above statements and the statements contained in any papers
or plans submitted herewith are true to the best of my (our) knowledge and belief.
r Z0- �(o
si.gna .ure pplicant Date _ signature) Applicant Date
-_ - - - --- - --- — �: - � _ - -.3�'�'�`�"' :may-.x'•�;r �r".'�'�..�+ ...
TO APPLICANT'S
_=a.ing Schedule
VARIATION: MUST BE RECEIVED PRIOR TO THE FIRST OF THE MONTH FOR PUBLIC "1
HEARING ON.THE FIRST TUESDAY OF THE FOLLOWING WNTH.
AMENDN ENT OR
SPECIAL USE: bfJST BE RECEIVED PRIOR TO THE 1STH OF THE MONTH FOR PLAN
M'\USSION HEARING ON THE THIRD MONDAY OF IHE. FOLLOWING
MONTH, WITH .ZONING BOARD PUBLIC HEARING TO FOLLOW.
A Variation is a zoning adjustment which permits minor changes of district require-
meets where individual properties are both. harshly and uniquely burdened by the
strict application of the law. The power to vary is restricted and the degree of
Variation is limited to the minimum change necessary to overcome the inequality
inherent in the property. .
1. A Variation recognizes that the same district requirements do not affect all
properties equally; it was invented to permit minor.changes to allow hardship prop-
erties to enjoy equal opportunities with properties similarly zoned. You must
prove that your land is affected by special circunsrances or unusual conditions.
These must result in uncommon hardship and unequal treatment under 'the strict ap-
plication of the Zoning Ordinance. Where hardship conditions extend -to other prop
erties a Variation cannot be granted. The remedy for general hardship is a change'"
of the map or the text of the Zoning Ordinance.
2. You must prove that the combination of the Zoning Ordinance and the uncommon
conditions of your property prevents you from making any reasonable use of your.
land as permitted by your present ;toning district. Since zoning regulates land and
not people, the following conditions cannot be considered pertinent to the applica-
tion for a Variation: (1) Proof that a Variation would increase the financial re-
turn from the land, (2) Personal hardship, (3) Self-imposed hardship. In the last
- case, the recognition of conditions created after the enactment of the Zoning Ordi-
nance would encourage and condone violation of the law. C.
3. No Variation may be granted which would adversely affect surrounding property
or the general neighborhood. All Variations must be in harmony with the intent and
purposes of the Zoning Ordinance.
Names of Surrounding Property Owners
Following are the names and addresses of surrounding property owners from the
property in question for a distance of 2SO feet in all directions, and the number
of feet occupied by all public roads, streets, alleys, and public ways have been
excluded in computing the 250-foot requirement. Said names are as recorded in the
office of the County Recorder of Deeds (or the Registrar of Titles of the County)
and as :appear from the authentic tax records of this County.
Name Address
i�RAT-T Cs- 379
VILLAGE OF OAK BROOK Minutes -3 January 14, 1986
ROLL CALL VOTE: Ayes: Trustees Bushy, Maher, Philip, Rush
and President Cerne.
Nays: None
Absent: Trustee Imrie
Abstain: Trustee Winters So ordered.
V. OLD BUSINESS•
A. 1986 Fireworks Display:
Direction given at the Regular Meeting of December 10, 1985.
Trustee Maher moved, seconded by Trustee Rush. . .
To authorize execution of the Agreement for the display to be held on
July 3, 1986 and a rain date of July 5 with Vitale Fireworks Display
Company, Inc. and to authorize issuance of a check in the amount of
$5,000.00 representing 50 percent of the total contract cost.
ROLL CALL VOTE: Ayes: Trustees Bushy, Maher, Philip, Rush, Winters
and President Cerne.
Nays: None
Absent: Trustee Imrie So ordered.
B Ordinance Amending Form of Owner's Certificate in Subdivision
Regulations:
Direction given at the Regular Meeting of December 10, 1985 for Staff
to prepare draft of ordinance to clarify permissible uses of utility
easements.
Trustee Philip moved, seconded by Trustee Winters. ..
To refer this matter to the Plan Commission meeting of February 17,
1986.
VOICE VOTE: All present, in favor. So ordered.
C. McDonald's Lodge (2815 Jorie Boulevard):
Each Trustee was in receipt of "Guidelines for Use of Lodge Facilities
Under Current Village Ordinances", having been submitted to comply
with direction given at the Committee-of-the-Whole Meeting of November
11, 1985. , After discussion, the report was accepted and is to be kept
on file.
D. Report of Activities:
1. Finance & Library: Trustee Imrie - No report.
2. Personnel: Trustee Winters - Interviews with candidates for Police
Chief will soon be held. Sixty-nine resumes have been received for
Sports Core Manager. Meeting scheduled with Employee Compensation and
Benefit Committee for February 8, 1986.
3. Public Safety: Trustee Bushy - Fire Department training on abandoned
residences at 16th Street/Monterey Avenue/Route 83.
4. Public Works & Traffic: Trustee Rush - No report.
5. Sports Core: Trustee Maher - No report.
6. Zoning & Planning: Trustee Philip - No report.
VILLAGE OF OAK BROOK Minutes -3- January 14, 1986
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VILLAGE OF OAK BROOK
1200 . OAK BROOK ROAD
OAK BROOK, ILLINOIS
654-2220
January 16, 1986
MEMO TO: Bruce Kapff, Assistant to Village Manager
FROM: John H. Brechin, Village Manager
RE: Obstructions in Easements
As you know, the ordinance on the proposed amendment to our Subidivision Regulations
was referred to the Plan Commission for the required public hearing. Please take
care of the necessary publication.
J Brechin
Vill e.Manager
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bRAFT/G- 3717
PUBLISHER'S CERTIFICATE
THIS IS TO CERTIFY That the notice, a true copy of which is attached to this
certificate, was published in THE DOINGS once each week for
.............................. weeks sucessively; that the date
* _ - of the first publication was the..................3.0.th.......................day of
.._..... January....A.D., 19 .8 6., and that the date of the last publication was
�s.
uy.rwmwd�rctiwan« the............................. day of............................ A.D., 19......
erg uiwgr eeeeinenfa an a ow
6 r w sn+ac Md V
dw AND IT IS FURTHER CERTIFIED That THE DOINGS is a secular newspaper of
rc� o
" general circulation, published weekly in the Villages of Hinsdale, Clarendon Hills,
�.� Oak Brook,Burr Ridge,Willowbrook and City of Darien and circulated generally in
fi .+a o� the Villages of Hinsdale,Clarendon Hills,Oak Brook,Burr Ridge,Willowbrook and
' + �* " ! City of Darien and adjacent unincorporated and incorporated areas,and in DuPage
iii endoMiersYper. and Cook Counties, Illinois, and in other areas; that said THE DOINGS is a
"newspaper" as defined by the Illinois Statutes made and provided for such situa-
tions,to wit•by Section 5 of"An Act to revise the law in relation to notices,"1874,Feb.
13
,R.S.1874,p.723,§5,as amended 1959,July 17,Laws 1959,p.1494,§1; and is also a
r•..,and�e
"newspaper"as defined by Section i of"An Act concerning the publication of legal
_ notices,"1909,June 8,Laws 1909,p.288,§1,as amended 1927,June 29,Laws 1927,p.
�, ..�rrr orauedeau�r 803,§1,and as further amended 1945,April 12,Laws 1945,p.1089,§1,and as further
or
amended in 1957,July 9,Laws 1957,p.2270,§1,and as further amended 1959,July 17,
Laws 1959,p.1496,§1;and that said THE DOINGS has been continuously published at
�r +* regular intervals of at least once each week with a minimum of 50 issues per year for
� aa�o over one year prior to the first publication of the attached notice.
aor 6e aublr� ',
i .. IN WETNESS WHEREOF, one of the co-publishers of said
THE DOINGS has affixed his hand and seal this
n
stied 31st............ day of ......January............. A.D. 19 86..
NoWn '
�"'oapaaie01"' Publishers Charge ..$7.1.,2 f...
tlieeeat.wltweifad�d
Publisher
IwlbenMe{
c!
ta ,..
'�+u+eo+i�savi�
I
DRAFT/&- 37F
LEGAL NOTICE
VILLAGE OF OAK BROOK
DU PAGE AND COOK COUNTIES,ILLINOIS
NOTICE OF PUBLIC NEARING
h !HEREBY GIVEN that a public hearing before the Plan
Coron lealan of the Wisps of Oak Brook,DuPage and Cook Coun•
On.■nole,will be hold on February 17,1 988 at 7:30 P.M.In the
Oak Brook VBspe Nap,1200 Oak Brook Riled,Illinois,for the pur•
posed on appNcation of the Village of Oak Brook for a
Test t xllath:"subd�Vlab�aR'peepuld PUBLISHER'S CERTIFICATE
pons d Its" d Oak Brock.Illinois.Ordinance 0.140,as
anerlded.
M MnsrhdtNrd b td/ Idktwkp N!op N regnNSf"d:Beelbn I:B(lub�dM=ebn Re )b enxindPPENDIX A TO AX B
CERTIFICATES THIS IS TO CERTIFY That the notice, a true copy of which is attached to this
OWNER'S CERTIFICATE certificate, was published in THE DOINGS once each week for
STATE OF ILLINOIS)
COUNTY OF t)U PAGE) ... weeks sucessivel that the date
This is to certify tall tine undersigned is the owner of the lend ...............0��........................... Y;
described In"annexed Plot.and has caused the same to be
surveyed and subdivided,as Indicated thereon,for the uses and
purposes►herein set tom',and doe hereby acknowledge and of the first publication was the ..................3.0.th.......................day of
adopt to same under the style and title thereon Indicated.
The undersigned hereby dedicates for mkft use the lands
shown on Oft plat for e,crc„ghferes,streets,@says sod"Ic sec January.,•, A.D., 19 .8 6., and that the date of the last publication was
vices; and hereby also reserves for and grants easements for ••••
pubk use and for the Installation of various public uMtles as
des of and/or as stated In the uNty easement provisions which
we seated hereon. the ............................. day of ............................. A.D., 19 ......
N s000ments Indicated as public utility sasehhents on this Plat
we reserved ufo b r and granted the V"of Oak Brook and to
ldpee PubPublic, tlAyBra operating under franchise from the AND IT IS FURTHER CERTIFIED That THE DOINGS is a secular.newspaper of
Visage d oak Polk Ykkrdhnp true not Amsted ro Mlnois eel
releplale Cornpeny, N~ **W Gee ComWry. Co .nn general circulation, published weekly in the Villages of Hinsdale, Clarendon Hi ,
monweatlh Edison Cornpwny, Oak Brook Uft ComP"',
Dowrner.Gnave• or Nkndels Sanitary Dbftts•,and their am Oak Brook,Burr Ridge,Willowbrook and City of Darien and circulated generally to
OMM-4 rebn•fa the pmpekla".W AW and authority the Villages of Hinsdale, Clarendon Hills Oak Brook, Burr Ridge,Willowbrook and
to oantruct,I*Wiuct.repel. Impact, maintain and operate g ' g
VffbA u1Ny,bananiesi n and distribution systems and Including City of Darien and adjacent unincorporated and incorporated areas,and in DuPage
M, _&or sanitary sewers Wp Vw with any and d necessary
near catch bask».Earxnectlo-,epppances and other,true and Cook Counties, Illinois, and in other areas; that said THE DOINGS is a
knppudenanrws as may be deemed necessary by said "newspaper""" ;Ter noon along under and through sea mdlca„d newspaper as defined by the Illinois Statutes made and provided for such,Feb.
eessmants,together with right of access across tro papery,for tions,to wit;by Section 5 of"An Act to revise the law in relation to notices,"1874,Feb.
ocee"ary men and equOrno nt to do any of the above work and the
right la aUo gaoled to out down,him of remove any heee,shrubs 13,R.S.1874,p.723,§5,as amended 1959,July 17,Laws 1959,p.1494,§1;and is also a
sir dher plants an the seeemerd that Interfere with the operation of „
newer"or otur ulMlles No Permanent buildings shot be placed an newspaper+r as defined by Section 1 of "An Act concerning the publication of legs
sad wannernb,but sane may be used for gardens,shrubs,land- notices,"1909,June 8,Laws 1909,p.288,§1,as amended 1927,June 29,Laws 1927,p.not Ow of Ister Interfere with purposes
or .1 hero uer IM Wage or effected utility 603,§1,and as further amended 1945,April 12,Laws 1945,p. 1089,§1,and as further
t>trnnPerM determine the any tree"."hnubs,other vegetstion a ob-
=*WW co ftcovey known • "obstruction-) on seed amended in 1957,July 9,Laws 1957,p.2270,§1,and as further amended 1959,July 17,
.a"emenb trnt"rfers with tits doro"ew Loss or rights."Village or n
the right,but Laws 1959,p.1496,§1;and that said THE DOINGS has been continuously published at
u ft conpany hoe il the obligation,to the
obstruclon d line ow O's exoan...The VBege«affected utisty regular intervals of at least once each week with a minimum of 50 issues per year or
"apply grass seed where the obstruction has been
claw e ad is not-WW to repose or repel any obstruction. over one year prior to the first publication of the attached notice.
Location of u"IrfeAalkm within its easement shat be sub)ect
b the apprwa of to Wage of Oak Brook,as to deapn and loew
Non Ali hnetalaloru are wNect to one ordhor"o of the Village of IN WITNESS WHEREOF, one of the co-publishers of said
Oak Brook. THE DOINGS has affixed his hand and seal this
�P yday d Afton 9 January
(•B�is T ri t IM Vllsooap�aCl)srk will be authorized and directed 3 1st............ day of ............. A.D. 19 8 6..
..............
to record in the oMfca of the DuPage and Cook County Recorder
of Deed"a Noll" pot tot essoment modification noted
Under section I will perteh to all lands wnhm to conwate e«ar Publishers Charge ..+$.7.1.,2 8...
dales of to Village of Oak Brook.
N person"doolis to be head In support of or In opposition to
the pop," MwxIM Wa or any Provision thereof.we ho afforded
an opparkrnNy to do"o and may"I I their statements orally or In ( /
writing or boph.The haium may be recessed to another date ti ( �/ .... ^✓�"' .. "n l'°r�`�tl•
notes d time and place mered is p,bli y an noxnced at the hear- Publisher
tq sir Is given by newspaper Pub"cation not less than five(5)days r
prior b the data of the recessed hssrinp.
MARIANNE lJ1Kla91L cwt
NMkW d pu dhecft el td/Corpor"ks Aut orMse ark�the Plan (`
m..fteb d M VBape of Oak Brook.DuPage and Cook Coun-
we,Emil.
1lbm In The Oak"Jan.30.19".
bRAF-r/
Cr-3�8
APPENDIX A TO APPENDIX 0
CERTIFIcAIES
014NERIS CERTIFICATE
STATE OF ILLINOIS )
) SS
COUNTY OF DU PAGE )
This is to certify that the undersigned is the owner of the
land described in the annexed plat, and has caused the same to
be surveyed and subdivided, as indicated thereon, for the uses
and purposes therein set forth, and does hereby acknowledge
and adopt the same under the style and title thereon
indicated.
The undersigned hereby dedicates for public use the lands
shown on this plat for thoroughfares, streets, alleys and
public services; and hereby also reserves for and grants
easements for public use and for the installation of various
public utilities as designated and/or as stated in the utility
easement provisions which are stated hereon.
All easements indicated as public utility easements on this
plat are reserved for and granted to the Village of Oak Brook
and to those public utility companies operating under
franchise from the Village of Oak Brook including but not
limited to Illinois Bell Telephone Company, Northern Illinois
Gas Company, Commonwealth Edison Company, Oak Brook Utility
Company*, Downers Grove* or Hinsdale Sanitary Districts*, and
their successors and assigns for the perpetual right,
privilege and authority to construct, reconstruct, repair,
inspect, maintain and operate various utility, transmission
and distribution systems and including storm and/or sanitary
sewers together with any and all necessary manholes, catch
basins, connections, appliances and other structures and
appurtenances as may be deemed necessary by said Village,
over, upon, along, under and through said indicated easements,
together with right of access across the property, for
necessary men and equipment to do any of the above work and
the right is also granted to cut down, trim or remove any
trees, shrubs or other plants on the easement that interfere
with 'the operation of sewers or other utilities. No permanent
v building er--t-rees shall be placed on said easements, but
same may be u or gardens, shrubs, landscaping and other
purposes that do not then or later interfere with the
aforesaid uses or rights. Whenever the Village or affected
utility company determine that an trees shrubs other
vegetation or objects (hereinafter collectively known as
"obstruction") on said easements interfere with the aforesaid
uses or rights, the Village or utility com an has the right,_ A v o
but not the obli ation to remove the obstruction at the
owner's expense. The Village or affected utility company
shall a 1 grass seed where the obstruction has been
removed, but is not required to replace or repair any
obstruction. Location of utility installations within the
easement shall be subject to the approval of the Village of
Oak Brook, as to design and location. All installations are
subject to the ordinances of the Village of Oak Brook.
bRA'FT/&-378
0
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G9CF00 UNty,`•20
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
654-2220
February 11, 1986
MEMO TO: Plan Commission
FROM: Bruce F. Kapff, Assistant to Village Manager
SUBJECT: Village of Oak Brook - Amendment to Subdivision Regulations
RE: Trees in Easements
The Village of Oak Brook has made application to amend Appendix A of the Subdivision
Regulations with respect to the required Owner's Certificate placed on subdivision
S- plats.
Specifically, this Owner's Certificate presently prohibits the placement of trees
within public utility easements. This subject most recently came up with respect
to Lot 16 of the Midwest Club Subdivision. Dr. Javid had recently constructed a
residence on the property in conjunction with which certain landscaping, including
trees, were placed within the public utility easement. It was pointed out by David
Gooder, in his October 4, 1985 letter, that this restriction might be inappropriate
to the extent that the vast majority of properties within Oak Brook contain some
type of landscaping, including trees, adjacent to side and rear lot lines, this
being the same location of the public utility easements required by the Village's
Subdivision regulations.
In agreeing with Mr. Gooder, the Village has made application to modify the Owner's
Certificate removing the prohibition against planting trees within a public utility
easement and adding certain additional language noting that in the event the Village
or another utility must remove trees within an easement, the cost for such removal
is to be born by the property owner. A draft ordinance attached to the application
also indicates that this modification will be recorded at both the DuPage and Cook
County Recorder of Deeds such that it will pertain to all properties within the
Village of Oak Brook.
Respectfully submitted,
Bruce F. Kapff
Assistant to Village Manager
�I
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G--.3 7 �
PLAN COMMISSION Minutes -4 February 17, 1986
V VILLAGE OF OAK BROOK - AMENDMENT TO SUBDIVISION REGULATIONS - RE: TREES IN
EASEMENTS (Continued)
A motion was made by Member Sandstedt, seconded by Member Haglund to recommend to
the President and Board of Trustees approval of the proposed text amendment with
the following change: the phrase "or trees" which is proposed to be deleted from
the Owner's Certificate should, instead, be retained such that the sentence will
begin "No permanent buildings or trees shall be placed on said easements,".
ROLL CALL VOTE: Ayes: (5)
Members Doyle, Haglund, Sandstedt,
Stachniak, Chairman Marcy
Nays: (1)
Member Beard
Absent: (1)
Member Antoniou
MOTION CARRIED.. .
The Plan Commission also desired to indicate to the Village Board their concern for
public utility easements which actually contain pipes or other utilities which
might be affected adversely by trees, and not with easements which, in all
probability, will never be utilized by utilities.
L
PLAN COMMISSION Minutes -4- February 17, 1986
DRAFT/G-379
PLAN COMMISSION Minutes -3- February 17, 1986
V VILLAGE OF OAK BROOK - AMENDMENT TO SUBDIVISION REGULATIONS - RE: TREES IN
EASEMENTS
The Chairman noted that the Village has applied for an amendment to the Owner's
Certificate concerning the placement of trees within public utility easements.
Chairman Marcy noted potential problems with allowing trees within easements to the
extent that tree roots have been known to cause sustantial damage to underground
utilities. In that regard, it was suggested that Staff contact other utilities
regarding their policies and procedures concerning this subject.
In response to Commission questions, Staff noted specific problems of enforcement
of the current regulation which prohibits placement of trees within public utility
easements to the extent that administration of such a regulation would be extremely
difficult.
It was noted by Staff that the proposed amendment recognizes the fact that trees
are planted within easements, adding specific provisions stating that the property
owner would be required to pay for the removal of such trees in the event they
caused problems for the utility.
Member Doyle inquired as to whether the Village, under the current regulations,
would be able to tell the property owner to remove existing trees.
Village Attorney Richard Martens stated that the Village would have to show cause
in requiring such removal.
Chairman Marcy suggested that damage to underground utilities, since it is
primarily caused by roots, might not be detected by the utility until the problem
had been around for a long time.
Member Haglund stated that property owners generally understand that they are not
allowed to plant on utility easements and that an owner would be required to remove
any such plantings at the utility's direction. He also stated that utilities
should be allowed to have easy access to their easements and should not simply have
the "right" to have trees and other obstructions removed.
Member Stachniak noted that Oak Brook properties are generally large enough to
allow the planting of trees off of utility easements.
Chairman Marcy stated that the question is basically whether the Village is more
concerned about potential damage by trees to utilities or the aesthetic value of
trees.
In response to Commission members, Trustee Philip stated that the Village Board
made this application based on the understanding that enforcement of the current
standard would be unrealistic, since it would require the Village to chop down
trees throughout the Village.
Chairman Marcy suggested that there should simply be a Village policy against
planting trees within public utility easements, and not a specific ordinance which
would require the cutting down of trees.
PLAN COMMISSION Minutes -3- February 17, 1986
RA -379
G p
FCOUNSy'
VI LLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
654-2220
February 19, 1986
Village President and Board of Trustees
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60521
RE: Village of Oak Brook - Amendment to Subdivision Regulations
RE: Trees in Easements
Dear President and Board of Trustees:
The Plan Commission, at its regular meeting of February 17, 1986, considered the
Village's application which would modify the Owner's Certificate by permitting
the location of trees within public utility easements, adding specific provisions
concerning the property owner's responsibility to pay all associated costs related
to removing such trees, if so required by a utility.
The Plan Commission recommends to the President and Board of Trustees approval of
this requested amendment with the exception that the phrase "or trees" should be
retained. The pertinent sentence will then begin "No permanent buildings or trees
shall be placed on said easements,".
This recommendation was made on a motion by Member Sandstedt, seconded by Member
Haglund and approved on a Roll Call Vote of five (5) ayes: Members Doyle, Haglund,
Sandstedt, Stachniak, Chairman Marcy; one (1) nay: Member Beard; one (1) absent:
Member Antoniou.
Following the motion, the Plan Commission wished to indicate to the Village Board
their primary concern being with public utility easements which actually contain
�.. utilities, and that they are less concerned with such easements that will, in all
probability, never contain utilities.
Sincerely,
Henry 0. Marcy, Chairman
Plan Commission
BFK/HOM/jr
)SAA' 79
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9C�COUNT�,v�
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
February 20, 1986
654-2220
MEMO TO: Bruce F. Kapff, Assistant to Village Manager
FROM: Dale L. Durfey, Jr. , P.E.
SUBJECT: Trees in Easement Policy Issue
Other Utility Companies
As per your direction, I have contacted other Utility Companies regarding this
subject and have ascertained their formal policy and their practical policy
regarding this issue:
1. Hinsdale Sanitary District
Formal Policy - none.
Practical Position - would not let trees in easements but doesn't aggressively
remove them unless repairs necessitate removal.
2. Northern Illinois Gas Company
Formal Policy - would not allow trees on mains.
Practical Position - not really concerned until a problem appears, i.e. , does
not aggressively remove trees unless necessary.
3. Commonwealth Edison Company
Formal Policy - none.
Practical Position - would not like trees in easement due to maintenance
dollars but has a tree trimming maintenance schedule
of every three (3) years, i.e. , does not aggressively
remove trees unless necessary.
4. Illinois Bell Telephone Company
Has not returned my telephone call.
Respec,pf�ull� submitted,
Dale L. Durfey, Jr. , P.E. ,
Village Engineer
DLD/etg
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9
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COUNS4'
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
February 21, 1986 654-2220
MEMO TO: John H. Brechin, Village Manager
FROM: Bruce F. Kapff, Assistant to the Village Manager
SUBJECT: Village of Oak Brook - Amendment to Subdivision Regulations Regarding
Trees in Easements
The Village Board, at its January 14, 1986 meeting, directed preparation of an
application for a Text Amendment to the Subdivision Regulations modifying the
wording of the required Owner's Certificate placed on Subdivision Plats. The
form of this draft Text Amendment is in the folder as Exhibit A to the applica
• tion. The current Owner's Certificate states that "No buildings or trees shall
be placed on said easements". The proposed amendment would strike "or trees"
from that requirement based on the recognition that property owners, for the
most part, plant trees along both their side and rear lot lines where public
utility easements exist. This amendment will also insert specific provisions
requiring the property owners to remove such obstructions in the event such is
required by a utility.
The Plan Commission, at its February 17th meeting, agreed that the property
owners should be required to pay all associated costs with removing obstructing
trees. However, they felt that the current requirement prohibiting trees with-
in easements should be retained. As such, the pertinent sentence would continue
to read "No buildings or trees shall be placed on said easements".
Depending on the Board's position with respect to the Plan Commission's recommend-
ation, the Board could either adopt the draft Ordinance as originally prepared or
adopt a modified version.
Respectfully submitted,
Bruce F. Kapff
Assistant to the Village Manager
BFK/mf
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VILLAGE OF OAK BROOK Minut es
_4- February 25, 1986
B. Subdivision Regulations - Amendment to Owner's Certificate (Re: Trees
in Easements):
Discussed and direction given at the Regular Meetings of December 10,
1985 and February 14, 1986 to consider "or trees" to be stricken from
the restrictions placed on easements. On February 18, 1986, the Plan
�-- Commission recommended approval of responsibility of owner for
associated costs related to removal of obstructions in easements and
that "or trees" remain in the pertinent sentence.
Trustee Philip moved , seconded by Trustee Rush.. .
To authorize the Village Attorney to prepare the necessary document to
amend Appendix A to Appendix B of the Subdivision Regulations to delete
reference to "or trees" from the Owner's Certificate, and to add
"Whenever the Village or affected utility company determine that any
trees, shrubs, other vegetation or objects (hereinafter collectively
known as "obstruction") on said easements interfere with the aforesaid
uses or rights, the Village or utility company has the right, but not
the obligation, to remove the obstruction at the owner's expense. The
Village or affected utility company shall apply grass seed where the
obstruction has been removed, but is not required to replace or repair
any obstruction."
Trustee Winters abstained from voting due to potential conflict due to
employment by Illinois Bell.
ROLL CALL VOTE: Ayes: Trustees Bushy, Imrie, Maher, Philip, Rush
and President Cerne.
Nays: None
Absent: None
Abstain: Trustee Winters So ordered.
Referrals:
With no objections, President Cerne made the following referrals:
C. Christ Church - Yard Variation (501 Oak Brook Road) -- Refer to Zoning
Board of Appeals Meeting of March 4, 1986.
D. Village of Oak Brook - Sign Variation (2606 York Road and 800 Oak Brook
Road) -- Refer to Zoning Board of Appeals Meeting of March 4, 1986.
E. 0 en Forum:
Dave Gooder referred to the subject of Harbco Office Building, 701
�. Harger Road, sewer line extension and the matter was deferred to be
discussed at a more appropriate time.
F. Graue Mill (Fullersburg Area) Gateway Plan:
On January 20, 1986, the Plan Commission discussed certain planning
issues related to the Graue Mill Gateway Area and the Fullersburg Woods
Area which are located in both the Village of Hinsdale and the Village
of Oak Brook.
Trustee Rush moved, seconded by Trustee Maher. . .
To endorse the conceptual plan of the Graue Mill Gateway Area and the
Fullersburg Area as presented and communicate this endorsement to the
DuPage County Forest Preserve. 1
VOICE VOTE: All present, in favor.
So ordered.
VII. ADJOURNMENT:
I
Trustee Winters moved, seconded by Trustee Maher.. .
I
To adjourn to Executive Session to continue discussion on a personnel
matter. TIME: 8:38 P.M.
VILLAGE OF OAK BROOK Minutes -4- February 25, 1986
`TILLAGE OF OAK BROOK
MINUTES OF THE REGULAR MEETING
March 11, 1986
MEETING CALL
The Regular Meeting of the Board of Trustees was called to order by President
Cerne in the Samuel E. Dean Board Room of the Village Commons at 7:35 P.M.
I. ROLL CALL:
PRESENT: President Wence F. Cerne
Trustees Karen M. Bushy
Walter C. Imrie
Ronald P. Maher
Arthur W. Philip
Joseph H. Rush
H. Richard Winters
ABSENT: None
II. APPROVAL OF MINUTES:
Trustee 'Philip moved, seconded by Trustee Rush. ..
That the Minutes of the Regular Meeting of February 25, 1986 be approved as
presented and waive reading of same.
VOICE VOTE: All present, in favor. So ordered.
III. ORDINANCES RESOLUTIONS VARIATIONS PLATS ETC.:
A. ORDINANCE N0. G-3T 8 AN AMENDING FO OF
AS SET FORTH IN APPENDIX
THE-CODE -OF ORDINANCES OF THE VILLAGE OF OAK BROOK. S �l37� � iNN/N
As discussed and direction given at the Regular Meeting �f�ebruary 25,
1986.
Trustee Philip moved, seconded by Trustee Rush. ..
To pass and approve Ordinance No. G-378 as presented and waive reading
of same.
Trustee Winters abstained from voting due to employment by Illinois
Bell.
ROLL CALL VOTE: Ayes: Trustees Bushy, Imrie, Maher, Philip, Rush
and President Cerne.
Nays: None
Absent: None
Abstain: Trustee Winters So ordered.
IV. FINANCIAL:
A. Intergovernmental Risk Management Agency- (IRMA) —Fourth Supplemental
Assessment for 1982 Claim Year:
Trustee Imrie moved, seconded by Trustee Bushy...
To authorize payment to IRMA for the Fourth Supplemental Assessment for
1982 Claim Year in the amount of $4,576.87.
ROLL CALL VOTE: Ayes: Trustees Bushy, Imrie, Maher, Philip, Rush, Winters
and President Cerne.
Nays: None
`• So ordered.
Absent: None
VILLAGE OF OAK BROOK Minutes –1– March 11, 1986
NNA 1.
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�C0UNS�.
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
654-2220
September 30, 1987
MEMO TO: Stephen Berley, Village Manager
Bruce F. Kapff, Assistant to the Village Manager
Dale L. Durfey, Jr. , Village Attorney
James E. Clark, Building Commissioner
Vince Long, Administrative Assistant
FROM: John H. Brechin, Village Attorney
RE: Recorded Documents
The following documents were recorded on September 24, 1987:
�. Old Mill Plat of Subdivision - R87-140766-$52.00
✓2. Old Mill Subdivision Improvement Agreement - R87-140767-$22.00
✓'3. Old Mill Covenants Subdivision Declaration of Covenants - R87-140768-$14.00
t/'4. Owners Subdivision First Amendment to Owners Subdivision Improvement
Agreement - R87-140769-$41.00
✓5. Owners Subdivision Memorandum of Agreement R87-140770 - $38.00
V er overnmental Coop. Agreement, Oak Brook Park District - R87-140771- $11.00
rdinance G-378 R87-140772 - 10.00
r finance -610, Rear Yard Variation - Orlando (_821 Red Stable Way)R87-140773-$9.00
-"9. Grant of Easement, Salt Creek Dredging - Lot 25 - Steeplechase Subdivision -
Lake Shore National Bank, Trust 4068 -R87-140777-$10.00
`/10. Weed Lien-23 Hamilton Lane - R-87-140774 - $7.00
"'11. Weed Lien-Lot 165 in Saddle Brook Unit No.4 - R87-140775-$7.00
V12. Weed Lie..-- 344 Hambletonian Drive - R87-140776 - $7.00
John A. Brechin
Village Attorney
JHB/mf
cc: Margaret W. Rimbo, Executive Secretary
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R ,DOD G-379 i�IFe S * RF. s
A AEwb FoRm of ,
C�YVNE'R'g RTiFiCAIE
ORDINANCE N0. G— 378 APPRavab
a — 11 - 8<
ORDINANCE AMENDING FORM OF OWNER'S CERTIFICATE R E CO R h IM
AS SET FORTH IN APPENDIX A TO APPENDIX B 5 ` 91
14 C47'741 o
(SUBDIVISION REGULATIONS)
OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK
WHEREAS, the Village of Oak Brook wishes to clarify further the
permissible use of utility easements; and
WHEREAS, the Oak Brook Plan Commission has considered this matter at a
public hearing on February 17, 1986 pursuant to the provisions of Article XII,
Section 2 of the Subdivision Regulations and has recommended that the Owner's
Certificate be modified by stating explicitly that the Village or utility company
has the right, but not the obligation, to remove obstructions from public utility
easements; and
WHEREAS, the corporate authorities deem the following amendment to be
in the best interests of the residents of the Village of Oak Brook;
NOW, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That the Owner's Certificate in Appendix A to Appendix B
(Subdivision Regulations) is amended to read as follows:
APPENDIX A TO APPENDIX B
CERTIFICATES
OWNER'S CERTIFICATE
STATE OF ILLINOIS )
SS
COUNTY OF DU PAGE ) -.�_,, —.j
This is to certify that the undersigned is the owner of the
land described in the annexed plat, and has caused the same to3
be surveyed and subdivided, as indicated thereon, for the uses } " + ♦:
and purposes therein set forth, and does hereby acknowledge ° `',j
and adopt the same under the style and title thereon
indicated.
`.. The undersigned hereby dedicates for public use the lands
shown on this plat for thoroughfares, streets, alleys and
public services; and hereby also reserves for and grants
easements for public use and for the installation of various 4;)
public utilities as designated and/or as stated in the utility s
easement provisions which are stated hereon.
All easements indicated as public utility easements on this
plat are reserved for and granted to the Village of Oak Brock
and to those public utility companies operating under *'
franchise from the Village of Oak Brook including but not
g g
limited to Illinois Bell Telephone Company, Northern Illinois ',
Gas Company, Commonwealth Edison Company, Downers Grove* or
Hinsdale Sanitary District*, and their successors and assigns
for the perpetual right, privilege and authority to construct,
reconstruct, repair, inspect, maintain ana operate various
utility, transmission and distribution systems and including
storm and/or sanitary sewers together with any and all
necessary manholes, catch basins, connections, appliances and
other structures and appurtenances as may be deemed necessary
by said Village, over, upon, along, under ana through said
indicated easements, together with right of access across the
property, for necessary men and equipment to do any of the
� j
Recofteb t t `-
.3 O Ordinance No. G— 378
Q Amending Form of Owner's
Certificate
Page two
above work and the right is also granted to cut down, trim or
remove any trees, shrubs or other plants on the easement that
�- interfere with the operation of sewers or other utilities. No
permanent buildings shall be placed on said easements, but
same may be used for gardens, shrubs, landscaping and other
purposes that do not then or later interfere with the
aforesaid uses or rights. Whenever the Village or affected
utility company determine that any trees, shrubs, other
vegetation or objects (hereinafter collectively known as
"obstruction") on said easements interfere with the aforesaid
uses or rights, the Village or utility company has the right,
but not the obligation, to remove the obstruction at the
owner's expense. The Village or affected utility company
shall apply grass seed where the obstruction has been removed ,
but is not required to replace or repair any obstruction.
Location of utility installations within the easement shall be
subject to the approval of the Village of Oak Brook, as to
design and location. All installations are subject to the
ordinances of the Village of Oak Brook.
N, Address
Dated this day of , 19
(*Insert only applicable agency where underlined)
Section Z: That the Village Clerk is hereby authorized to record in
the offices of the DuPage and Cook County Recorder of Deeds the following Notice
which pertains to lands within the corporate boundaries of the Village of Oak
Brook:
N 0 T I C E
All easements indicated as public utility easements on any
plat of lands in the Village of Oak Brook are reserved for and
granted to the Village of Oak Brook and to those public
utility companies operating under franchise from the Village
of Oak Brook including but not limited to Illinois Bell
Telephone Company, Northern Illinois Gas Company, Commonwealth
Edison Company, Downers Grove* or Hinsdale Sanitary District*,
and their successors and assigns for the perpetual right,
privilege and authority to construct, reconstruct, repair,
inspect, maintain and operate various utility, transmission
and distribution systems and including storm and/or sanitary
sewers together with any and all necessary manholes, catch
basins, connections, appliances and other structures and
appurtenances as may be deemed necessary by said Village,
over, upon, along, under and through said indicated easements,
together with right of access across the property, for
necessary men and equipment to do any of the above work ano
the right is also granted to cut down, trim or remove any
trees, shrubs or other plants on the easement that interfere
with the operation of sewers or other utilities. No permanent
buildings shall be placed on said easements, but same may be
used for gardens, shrubs, landscaping and other purposes that
do not then or later interfere with the aforesaid uses or
rights. Whenever the Village or affected utility company
determine that any trees, shrubs, other vegetation or objects
(hereinafter collectively known as "obstruction") on said
easements interfere with the aforesaid uses or rights, the
Village or utility company has the right, but not the
obligation, to remove the obstruction at the owner's expense.
The Village or affected utility company shall apply grass seed
where the obstruction has been removed , but is not required to
replace or repair any obstruction. Location of utility
installations within the easement shall be subject to the
approval of the Village of Oak Brook, as to design and
location. All installations are subject to the ordinances of
the Village of Oak Brock.
• Ordinance No. G— 378
Amending Form of Owner's
Certificate
Page three
Section 3: This Ordinance shall be in full force and effect from and
after its passage and approval as provided by law.
PASSED THIS 11th day of March 1986.
Ayes: Trustees Bushy, Imrie, Maher, Philip, Rush and Winters
Nays: None
Absent: None
APPROVED THIS 11th day of March 1986.
Village President
i
L ATTEST:
' r
r
Vill e Clerk
Approved as to Form:
Village Attorney
L
Published 3/12/86 Pamphlet Form
iZ 2nE'cC� Did , 'cum` 3�• Mah Date Paper
/ �llayP .9-f7oa,✓sy
Not Published
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