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Final Plat of Subdivision Pg2FINAL PLAT OF SUBDIVISION OF NAI HIFFMAN BUTTERFIELD ROAD SUBDIVISION It( IN(; A '_,UBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 28, IOWN`JHIP ',!T NORTH, RANGF 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DU PAGE COUNTY, ILLINOIS. AND PLAT OF VACATION OF CERTAIN EASEMENTS -`` 6 o° ti0 p 0.O o, po5 Rtip 5 p2� - ♦ - v PSG �� N�� �gRpOpg �� .� • g96 66 0�\c��� C� i �6pOGJ�gNT .. .. . •, ., .. -... gJ\.p� JPS P6PRy \a, `v M A Pip ORp6 �C r,EO \` OGj k9 s� \ % S 72. 2�9 - 1 ? o \ 5532 /5.2 f 0 a CP o DRAINAGE AND FLOOD PLAIN �~j2 0 o• + sQ; EASEMENT HEREBY GRANTED 625 �• a, ) c^ o cv ro � �2L p Fly GR 0.5'!- _ -� v'• �, � `°'? o O P\N 4-4 �� OR 4 ,(\ / T 0 0 9 0 ♦��� / / / \° �0 0.9 NZ~~ oo1 0 F + �. GOPV. , \ <> 0> C '_t2 75' E tJ E OF \x\ T Z a s c + W �-S 27'04'28" E 55.94' �0 S 83'27.54" E S 5547'36.. o v r c, - 48.30" E o- v �-V \� ' 14.28' o� �� o �� S 28.07'18" E v> \ \ \ ?� /N h/ \ 0 39.80' �\ LOT 1 4;\83.6' +o S 28'07 8" E- ,` / � N 4 . C + S. m S 5 -85'2 '59"E �,�..' � s zR�go� o J=� iT_ 99 91' N� �CP. EASEMENT PROVISIONS AN EASEMENT FOR SERVING THE SUBDIVISION AND OTHER PROPERTY WITH ELECTRIC AND COMMUNICATION SERVICE IS HEREBY RESERVED FOR AND GRANTED TO. COMMONWEALTHANDISON COMPANY SBC ILLINOIS, A.K.A. ILLINOIS BELL TELEPHONE COMPANY, GRANTEESTHE CONR RESPECTIVE STRUCT, OPERATE, OPERATE, REPAIR. MAINTAIN, MODINSEES, SUCCESSORS, FY, ASSIGNS, JOINTLY RECO STRUSEVERALLY, CT, REPLACESUPPLEMENT, RELOCATE AND REMOVE, FROM ME TO TIME, POLES, GUYS, ANCHORS, WIRES, CABLES, TIME CONDUITS, MANHOLES, TRANSFORMERS, PEDESTALS, EQUIPMENT CABINETS OR OTHER FACILITIES USED IN CONNECTION NTH OVERHEAD AND UNDERGROUND TRANSMISSION AND gp0 - / DISTRIBUTION OF ELECTRICITY, COMMUNICATIONS, SOUNDS AND SIGNALS IN, OVER, UNDER, ,.i 2� \ +a ACROSS, ALONG AND UPON THE SURFACE OF THE PROPERTY SHOWN WITHIN THE DASHED OR DOTTED LINES (OR SIMILAR DESIGNATION) ON THE PLAT AND MARKED "EASEMENT", "UTILITY EASEMENT", "PUBLIC UTIUTY EASEMENT", 'P.U.E." (OR SIMILAR DESIGNATION), THE PROPERTY DESIGNATED IN THE DECLARATION OF CONDOMINIUM AND/OR ON THIS PLAT AS 'COMMON ELEMENTS', AND THE PROPERTY DESIGNATED ON THE PLAT AS "COMMON AREA OR AREAS", AND THE PROPERTY DESIGNATED ON THE PLAT FOR STREETS AND ALLEYS, S 83.4 V 1 WHETHER PUBLIC OR PRIVATE, TOGETHER WITH THE RIGHT TO INSTALL REQUIRED SERVICE E �� E �' - _ //+\ Z' ' CONNECTIONS OVER OR UNDER THE SURFACE OF EACH LOT AND COMMON AREA OR X68.94' ,' OREAS TO AREAS, SERVE THE RIGHT IMPROVEMENTS CUT, TRIMREON, OR ON OR REMOVE TRES,CENT LOTS, BUSHES ROOTANDS DS MON AREA APUNGS / -� ON AND TO CLEAR OBSTRUCTIONS FROM THE SURFACE AND SUBSURFACE AS MAY BE REASONABLY REQUIRED INCIDENT TO THE RIGHTS HEREIN GIVEN, AND THE RIGHT TO ENTER UPON THE SUBDIVIDED PROPERTY FOR ALL SUCH PURPOSES. OBSTRUCTIONS SHALL NOT BE PLACED OVER GRANTEES' FACILITIES OR IN, UPON OR OVER THE PROPERTY WITHIN THE DASHED ORDOTTED LINES OR SIMILAR DESIGNATION MARKED 'EASEMENT' "UTILITY EASEMENT", "PUBLIC UTILITY EASEMENT", "P.U.E." (OR SIMILAR DESIGNATION), WITHOUT THE PRIOR WRITTEN CONSENT OF GRANTEES. AFTER INSTALLATION OF ANY SUCH FACILITIES, THE GRADE OF THE SUBDIVIDED PROPERTY SHALL NOT BE ALTERED IN A MANNER SO AS TO INTERFERE WITH THE PROPER OPERATION AND MAINTENANCE THEREOF. THE TERM "COMMON ELEMENTS" SHALL HAVE THE MEANING SET FORTH FOR SUCH TERM IN THE "CONDOMINIUM PROPERTY ACT", CHAPTER 765 ILCS 605/2, AS AMENDED FROM TIME TO TIME. THE TERM "COMMON AREA OR AREAS' IS DEFINED AS A LOT, PARCEL OR AREA OF REAL PROPERTY, THE BENEFICIAL USE AND ENJOYMENT OF WHICH IS RESERVED IN WHOLE OR AS AN APPURTENANCE TO THE SEPARATELY OWNED LOTS, PARCELS OR AREAS WITHIN THE PLANNED DEVELOPMENT, EVEN THOUGH SUCH BE OTHERWISE DESIGNATED ON THE PLAT BY TERMS SUCH AS "OUTLOTS", 'COMMON ELEMENTS', "OPEN SPACE', "OPEN AREA', "COMMON GROUND", "PARKING" AND "COMMON AREA". THE TERM "COMMON AREA OR AREAS', AND "COMMON ELEMENTS" INCLUDES REAL PROPERTY SURFACED WITH INTERIOR DRIVEWAYS AND WALKWAYS, BUT EXCLUDES REAL PROPERTY PHYSICALLY OCCUPIED BY A BUILDING. SERVICE BUSINESS DISTRICT OR STRUCTURES SUCH AS A POOL OR RETENTION POND OR MECHANICAL EQUIPMENT. RELOCATION OF FACILITIES WILL BE DONE BY GRANTEES AT COST OF GRANTOR/LOT OWNER, UPON WRITTEN REQUEST- ,% 65 2� 5°r C 65 G� O N 6255 �� II I GRAPHIC SCAIJ,: 60 0 30 60 120 :nu O ( IN ETF:T ) - 1 uu•11 aD It t\ (p Lu O O O 00 Q b Cf O O Q 0z O cc I (V O 00 LLJ M O 00 O O N r LINE TABLE Q I LINE ~ BEARING _ Z LENGTH w ' Cn 65025'33" W w LD /Y Cf)I oaN l LL W aw (80.00') �Li w S H W E QZ(-) W Q < C 0 Of 0- L m w S o 2 M W d J 0 S 88'04'13" W 0) 115.80' _FFay12QN1 ? AN EXCLUSIVE EASEMENT IS HEREBY RESERVED FOR AND GRANTED 10 IIIIN01', BELL TELEPHONE COMPANY, D/B/A AT&T ILLINOIS, GRANTEE, AND IT; SUCCESSORS AND ASSIGNS, TO INSTALL OPERATE, MAINTAIN AND REMOVE, FROM TIME TO TIME, FACILITIES, INCLUDING CABINETS AND VAULTS, IISFD IN CONNECTION WITH TRANSMISSION AND DISTRIBUTION OF SOUND; AND SIGNAL,, IN, UNDER, ACROSS, ALONG AND UPON THE SURFACE OF THE. MARKED "SB( EXCLUSIVE EASEMENT", TOGETHER WITH THE RIGHT TO EXTEND COMMERCIAI ELECTRIC SERVICE THEREON, THE RIGHT TO CUT, TRIM, OR REMOVE TREES, BRUSHES AND ROOTS AS MAY BE REASONABLY REQUIRED INCIDENT TO THE, RIGHTS HEREIN GIVEN, AND THE RIGHT TO ENTER UPON THE SUBDIVIDED PROPERTY FOR ALL SUCH PURPOSES. OBSTRUCTIONS SHALL NOT BF, PI Af.11) OVER GRANTEE'S FACILITIES OR IN, UPON OR OVER THE "HC EXCLU;IVI" EASEMENT' WITHOUT THE PRIOR WRITTEN CONSENT OF GRANTEE AF IF I• INSTALLATION OF ANY SUCH FACILITIES, THE GRADE OF THE, UBDIvIDLU PROPERTY SHALL NOT BE ALTERED IN A MANNER SO AS TO INTERFERF W rH THE PROPER OPERATION AND MAINTENANCE THEREOF. RAINAGE AND FLOOD PLAIN EASEMENT PROVISION I A NON-EXCLUSIVE PERPETUAL EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO THE VILLAGE OF OAK BROOK AND ITS SUCCESSORS AND ASSIGNS WITHIN THE AREA ON THE PLAT MARKED "DRAINAGE AND FLOOD PLAIN EASEMENT". SAID EASEMENT SHALL BE FOR DRAINAGE AND STORM WATER RUNOFF AND FOR TEMPORARILY STORING EXCESS STORM WATER RUNOFF AND FLOOD WATERS. THE OWNERS, SUCCESSORS AND ASSIGNS OF LOT I SHALL GRANT TO THE VILLAGE SUCH ACCESS AS NECESSARY ACROSS LOT 1 FOR i INSPECTING THE DRAINAGE AND FLOOD PLAIN EASEMENT AREA. PLACEMENT OF ANY MATERIAL (HEREINAFTER CALLED "OBSTRUCTION") WITHIN THIS EASEMENT AREA IS PROHIBITED UNLESS SPECIFICALLY PERMITTED BY THE VILLAGE. IF PLACEMENT OF ANY MATERIAL IS ACCOMPLISHED WITHOUT VILLAGE APPROVAL, THE OWNER OF THE PROPERTY ENCOMPASSING THE EASEMENT AREA SHALL REMOVE SUCH OBSTRUCTION WITHIN TEN (10) DAYS AFTER WRITTEN NOTICE FROM THE VILLAGE IF SUCH OWNER FAILS TO REMOVE SUCH OBSTRUCTION UPON SAID TEN (10) DAYS NOTICE, THE VILLAGE SHALL HAVE THE RIGHT TO UNDERTAKE SUCH REMOVAL AND, UPON COMPLETION, TO BE REIMBURSED FOR ALL OUT-OF-POCKET COSTS AND EXPENSES IN CONNECTION WITH SUCH REMOVAL WITHIN THIRTY (30) DAYS FROM THE DATE OF SUCH COSTS OR EXPENSES. FAILURE OF ANY SUCH OWNER TO MAKE REIMBURSEMENT SHALL AUTHORIZE THE VILLAGE TO PLACE LIENS AGAINST PROPERTY OF THE AFFECTED OWNER FOR ITS COSTS INCURRED THEREIN AND TO ENFORCE SAID LIENS THROUGH ANY APPROPRIATE AND AVAILABLE LEGAL PROCEEDINGS EITHER AT LAW OR IN EQUITY. AREA TABLE LOT 1 = 792,661 SQUARE FEET 18.1970 ACRES MEYERS ROAD EASMENT = 65.625 SQUARE FEET 1.5065 ACRES TOTAL AREA = 858,287 SQUARE FEET 19.7035 ACRES PERMANENT WATER MAIN EASEMENT I. Permanent Easement. OWNER does hereby grant, give, convey and warrant unto the Village of Oak Brook (VILLAGE), its successors, assigns, transferees and lessees, the perpetual, transferable and assignable easement, privilege, right, power and authority to construct, reconstruct, repair, inspect, maintain and operate a water distribution system and appurtenances upon, over, along, under and through that portion of land owned by OWNER and described as "PERMANENT WATER MAIN EASEMENT HEREBY GRANTED TO THE VILLAGE OF OAK BROOK" (EASEMENT). 2. Easement to run with the land. The easements, rights, privileges and authority conveyed by the grant herein set forth shall at all times be deemed to be and shall be covenants running with the land. 3. Use and Occupancy of Real Estate. OWNER shall have and retain all rights to the use and occupation of the property, except as herein expressly granted and provided. 4. Restoration of Property. All soil and other materials excavated from the property, except said portion thereof as the VILLAGE shall use for backfilling, grading and covering the water distribution system and appurtenances to sufficient depth to protect some from injury and damage, shall be removed from the property by the VILLAGE. As soon as is practicably possible, following the reconstruction, repairing, or maintenance of the water distribution system and appurtenances over or through the property, the VILLAGE shall, at its sole cost, restore the damaged property and landscaping to a condition which as reasonably possible resembles that which existed immediately prior to the commencement of the construction. Notwithstanding the above, restoration by the VILLAGE shall be limited to repoiring landscaped areas with top soil and grass seeding and paved areas with pavement similar to that which was removed. 5. Non-interference by OWNER. OWNER covenants and agrees not to disturb, destroy, injure, or obstruct said water distribution system or the appurtenances thereof, not to obstruct or interfere with the VILLAGE, its contractors or subcontractors, or with the agents or employees of them or either of them, in the exercise of any of the rights, privileges or authorities herein granted. 6. Prohibition against improvements. OWNER agrees and covenants that no building, structures or improvements of any kind will be constructed, erected or placed over any portion of the EASEMENT. Should, however, OWNER in contravention of this Paragraph 6 construct, erect or otherwise place any buildings, structures or improvements of any kind whatsoever over any portion of the EASEMENT and should any of the foregoing sustain damage thereto by reason of actions token by the VILLAGE to maintain, repair, or inspect the water distribution system and appurtenances, such damage shall be OWNER's loss solely and the VILLAGE shall have no liability therefore. Said EASEMENT, however, may be used for gardens, shrubs, landscaping, parking and driveway pavement and other purposes that do not at any time interfere with the aforesaid uses or rights. 7. Binding Nature. This grant and covenants and agreements herein contained, shall be binding upon and inure to the benefit of the successors, assigns, heirs, devises, transferees, grantees or lessees of the OWNER and VILLAGE. LINE TABLE LINE BEARING LENGTH L1 S 65025'33" W 80.00' (S 65'37'40" W) (80.00') L2 S 24034'27" E 15.00' W (S 24'22'20" E) (15.00') L3 S 65'25'33" W 4.75' (S 65.37'40" W) (4.75') L4 S 13'07'04" W 20.78' > (S 13'41'39" W) (20.78') L5 N 24'34'27" W 33.93' a (N 24.22'20" W) (33.80') AREA TABLE LOT 1 = 792,661 SQUARE FEET 18.1970 ACRES MEYERS ROAD EASMENT = 65.625 SQUARE FEET 1.5065 ACRES TOTAL AREA = 858,287 SQUARE FEET 19.7035 ACRES PERMANENT WATER MAIN EASEMENT I. Permanent Easement. OWNER does hereby grant, give, convey and warrant unto the Village of Oak Brook (VILLAGE), its successors, assigns, transferees and lessees, the perpetual, transferable and assignable easement, privilege, right, power and authority to construct, reconstruct, repair, inspect, maintain and operate a water distribution system and appurtenances upon, over, along, under and through that portion of land owned by OWNER and described as "PERMANENT WATER MAIN EASEMENT HEREBY GRANTED TO THE VILLAGE OF OAK BROOK" (EASEMENT). 2. Easement to run with the land. The easements, rights, privileges and authority conveyed by the grant herein set forth shall at all times be deemed to be and shall be covenants running with the land. 3. Use and Occupancy of Real Estate. OWNER shall have and retain all rights to the use and occupation of the property, except as herein expressly granted and provided. 4. Restoration of Property. All soil and other materials excavated from the property, except said portion thereof as the VILLAGE shall use for backfilling, grading and covering the water distribution system and appurtenances to sufficient depth to protect some from injury and damage, shall be removed from the property by the VILLAGE. As soon as is practicably possible, following the reconstruction, repairing, or maintenance of the water distribution system and appurtenances over or through the property, the VILLAGE shall, at its sole cost, restore the damaged property and landscaping to a condition which as reasonably possible resembles that which existed immediately prior to the commencement of the construction. Notwithstanding the above, restoration by the VILLAGE shall be limited to repoiring landscaped areas with top soil and grass seeding and paved areas with pavement similar to that which was removed. 5. Non-interference by OWNER. OWNER covenants and agrees not to disturb, destroy, injure, or obstruct said water distribution system or the appurtenances thereof, not to obstruct or interfere with the VILLAGE, its contractors or subcontractors, or with the agents or employees of them or either of them, in the exercise of any of the rights, privileges or authorities herein granted. 6. Prohibition against improvements. OWNER agrees and covenants that no building, structures or improvements of any kind will be constructed, erected or placed over any portion of the EASEMENT. Should, however, OWNER in contravention of this Paragraph 6 construct, erect or otherwise place any buildings, structures or improvements of any kind whatsoever over any portion of the EASEMENT and should any of the foregoing sustain damage thereto by reason of actions token by the VILLAGE to maintain, repair, or inspect the water distribution system and appurtenances, such damage shall be OWNER's loss solely and the VILLAGE shall have no liability therefore. Said EASEMENT, however, may be used for gardens, shrubs, landscaping, parking and driveway pavement and other purposes that do not at any time interfere with the aforesaid uses or rights. 7. Binding Nature. This grant and covenants and agreements herein contained, shall be binding upon and inure to the benefit of the successors, assigns, heirs, devises, transferees, grantees or lessees of the OWNER and VILLAGE. Z y �, r.• '> CO) • W r-+ Z Z N � / V J_ � (I1 > Y 0 O W a W � , o0c w J m W_ W LL Z y '> CO) Z Z N J O J_ � a > Y 0 O I � I o o0c y J m W_ LL LL Y O UJ 0 o a IM UJ J Z a a _Z LL J LL LL 9 Z PROJ. MOR., JMR PROD. ENO., PJW DRAWN BY, BJP CHECKED BY, JMR DATE. 11/02/04 SCALE, 1' = 60' SHEET 2 OF 3_ NAIOB 5401