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
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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
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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-
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LINE TABLE
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LINE
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BEARING
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LENGTH
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65025'33"
W
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(80.00')
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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.
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DRAWN BY,
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DATE.
11/02/04
SCALE,
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