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R-1731 - 06/12/2018 - FINAL PLAT - Resolutions Supporting Documents ITEM 8.A.1 WENNES ESTATES SUB 3622 YORK ROAD Prelim & Final Plat – 2-Lot Subdivision INDEX PAGE CONTENTS 15-15.a Staff Memorandum – Village Board Agenda – June 12, 2018 14 Resolution R-1731 – Wennes Estates Subdivision – PP+FP 13 Revised Final Plat dated June 4, 2018 12 Revised Preliminary Plat dated June 4, 2018 11 Letter from Mark Daniel re: revised plats and easement information dated June 5, 2018 10-10.a Plan Commission Recommendation Letter dated June 4, 2018 9-9.e Plan Commission Meeting Minutes dated May 21, 2018 8-8.c Staff Report from Development Services Director Budzikowski dated May 14, 2018 7-7.b DuPage County Forest Preserve District dated May17, 2018 6 Engineering Review of the Wennes Estates Subdivision – Preliminary and Final Plat dated May 14, 2018 5 GIS Map View of the Property with Surrounding Parcels 4-4.a Resident Letter dated May 6, 2018 3 Board of Trustees Referral Meeting Minutes dated April 24, 2018 (not included) 2-2.a Referral Memo Village Board Agenda April 24, 2018 1-1.a Subdivision Regulations – Plats Required Section 14-3-1 and 14-3-2 and Excerpt from the Plan Commission Rules of Procedure – Plats of Subdivision ******************* Application Materials A Subdivision Application – Preliminary & Final Plat B-B 6. Narrative and Zoning Compliance Table C-C 1. Disclosure of Beneficial Interests along with Ownership Letter of Authorization D-D 5. Surrounding Property Owners List E Certification of Surrounding Property Owners F-F 2. Subject Property Verification and Current Legal Description G Applicant’s Letter of Authorization Regarding Village Owned Vacated Right-of-W ay H Fee/Receipt for Final Plat I Preliminary Plat of Subdivision Current Revision dated April 12, 2018 J Final Plat of Subdivision Current Revision dated April 12, 2018 K ALTA Survey dated July, 20, 2016 L Plat of Vacation dated April 11, 2018 REG BOT 061218 Agenda Item 8.A.1 - Resolution R-1731 Wennes Estates 3622 York Road- FP.2.doc Page 1 ITEM 8.A.1 BOARD OF TRUSTEES MEETING SAMUEL E. DEAN BOARD ROOM BUTLER GOVERNMENT CENTER 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 630-368-5000 AGENDA ITEM Regular Board of Trustees Meeting of June 12, 2018 SUBJECT: Wennes Estates Subdivision – 3622 York Road – Preliminary and Final Plat – Two Lot Subdivision and Subdivision Code Variations FROM: Tony Budzikowski, AICP, Development Services Director BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move that the Village Board concur with the recommendation from the Plan Commission (PC) to approve Resolution R-1731, which approves a two lot Preliminary and Final Plat of Subdivision and Subdivision Code Variations for the property at 3622 York Road, subject to the following conditions: 1. Dedication of a nine foot (9’) wide pedestrian and bike path easement on the east side of lot 2 (adjacent to York Road). 2. Final engineering approval of the final plat of subdivision. Background/History: Chicago Title Land Trust, as Trustee #11-12497, owner of the property at 3622 York Road has submitted a petition requesting a two (2) lot subdivision and subdivision code variations for the Wennes Estates Subdivision. A petition for zoning relief and a preliminary and final plat of subdivision were reviewed and evaluated by the Board of Trustees in September 2017 and was denied by a vote of 6-0. Chicago Title Land Trust, as Trustee of Trust #11-12497, the owner of the property at 3622 York Road has submitted a new application for the property that includes a request for a plat of vacation, preliminary and final plats of subdivision and subdivision code variations for the 1.8- acre property located at the northwest corner of York Road and Wennes Court. REG BOT 061218 Agenda Item 8.A.1 - Resolution R-1731 Wennes Estates 3622 York Road- FP.2.doc Page 2 The subject property is comprised of 78,352 square feet of land area and the proposed right-of- way vacation contains 8,748 square feet of land for a total of 87,130 square feet of land area. The proposed preliminary and final subdivision plats depict two (2) single family lots with each lot containing one acre of land area, both of which comply with the R-2 Single Family Detached Residence District requirements. The R-2 District requires a minimum lot size of one acre (or 43,560 SF) and the proposed lots 1 and 2 of the Wennes Estates Subdivision are 43,560 square feet and 43,570 square feet respectively. At its meeting on May 21, 2018, the Plan Commission (PC) completed its review and deliberations on a petition from Chicago Title Land Trust Co. #11-12497 requesting approval of a two (2) lot preliminary and final plat of subdivision and subdivision code variations. Attorney Mark Daniel, on behalf of the applicant, reviewed the subdivision plat request and the proposed subdivision code variations. Attorney Scott Day and five (5) residents spoke separately in opposition to the two (2) lot subdivision request and cited concerns related to drainage, storm water and the rural character of the Luthin Road and Wennes Court neighborhoods. Additional discussion and commentary can be reviewed in the accompanying PC meeting minutes provided in the packet. Recommendation: An affirmative recommendation was approved by the PC with a vote of 3-1 and is now being forwarded to the Board of Trustees for review and consideration. Please note that the PC recommendation also included a condition requiring the construction of a bike path (or cash-in- lieu contribution) upon issuance of the building permit for lot 2. After consultation with the Village Attorney, this condition has not been included in the Board’s Recommended Motion because it could be considered an unconstitutional exaction and could expose the Village to potential legal liability. The bike path easement on the other hand, has been incorporated into the subdivision plats in the event that the Village or County intends to construct an extension to the bike path network on York Road in the future. Please note that the preliminary and final plats are in technical compliance with the Village’s subdivision code regulations, zoning ordinance and are consistent with the comprehensive land use plan. The case file and the PC Recommendation letter have been provided for review and reference purposes. Approve Resolution R-1731 RESOLUTION 2018-SR-PP+FP-EX-R-1731 A RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT FOR THE WENNES ESTATES SUBDIVISION IN THE VILLAGE OF OAK BROOK, ILLINOIS 60523 3622 York Road (PIN: 06-36-401-002) WHEREAS, Chicago Title Land Trust Company, as Trustee of Trust No. 11-12497 under Trust Agreement dated December 19, 2011 (“Owner”) is the owner of real property commonly known as 3622 York Road, Oak Brook, Illinois, which is legally described in Exhibit A attached hereto and incorporated herein (the “Subject Property”); and WHEREAS, the Subject Property consists of 2.0 acres and is zoned R-2 Single-Family Detached Residential District; and WHEREAS, the Owner submitted an application to the Village seeking approval of a preliminary and final plat of subdivision for the Subject Property which subdivides the Subject Property from one lot into two lots as depicted on the subdivision plat attached hereto as Exhibit B and incorporated herein (“Preliminary and Final Plat”); and WHEREAS, each of the two lots on the Subject Property resulting from the proposed subdivision meet the minimum lot size requirement of the R-2 Single-Family Detached Residence District; and WHEREAS, the Owner has also requested approval of the following variations related to the Subject Property: (i) a variation from Section 14-6-1, Conformance Required, of the Village Code of the Village of Oak Brook, Illinois (“Village Code”) to allow for the variations described herein, (ii) a variation from Section 14-6-3(A)(2), Street and Pavement Width, of the Village Code to allow the existing Wennes Court and Luthin Road to contain narrower street widths than required by the Village Code, (iii) a variation from Section 14-6-3(A)(3), Curb and Gutter, of the Village Code waiving the requirement for curbs and gutters, (iv) a variation from Section 14-6-3(E), Sidewalks, of the Village Code waiving the requirement for sidewalks, and (v) a variation from Section 14-6-3(F), Street Lighting, of the Village Code waiving the requirement for streetlights (collectively, the “Requested Relief”); and WHEREAS, the Owner also seeks approval of a Grant of Easement for the Subject Property, which grants certain easements and rights to the Village on the Subject Property, and which is attached hereto as Exhibit C and incorporated herein (“Grant of Easement”); and WHEREAS, at its meeting on May 21, 2018, the Plan Commission completed its review and deliberations on the approval of the Preliminary and Final Plat and the Requested Relief, and by a vote of 3 to 1, the Plan Commission recommend approval of the Preliminary and Final Plat and the Requested Relief; and WHEREAS, the Village President and Board of Trustees have reviewed the recommendations of the Plan Commission and desire to approve the Preliminary and Final Plat and the Requested Relief, and the Grant of Easement as set forth in this Resolution and subject to the conditions below, finding that this approval will serve the public interests of the Village and finding that the Requested Relief sought by the Owner is consistent with and will promote the existing rural character of the neighborhood. NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, as follows: Resolution 2018-SR-PP+FP-EX-R-1731 Wennes Estates Subdivision – Preliminary and Final Plat 3622 York Road – Two-Lot Subdivision PIN: 06-36-401-002 Page 2 of 6 Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook. Section 2: Approval of Preliminary and Final Plat of Subdivision. A.Approval of Preliminary and Final Plat. Subject to and contingent upon the conditions set forth in Section 4 of this Resolution, the Preliminary and Final Plat of Subdivision for Wennes Estates for the Subject Property prepared by Engineering Resource Associates with the latest revision date of June 4, 2018, as attached to this Resolution as Exhibit B, is hereby approved. B.Authorization and Execution. The Village President, Clerk, and other appropriate Village officials are hereby authorized and directed to execute and seal, on behalf of the Village, the Preliminary and Final Plat and the customary certifications indicating such approval. C.Recordation. Upon the execution of the Preliminary and Final Plat by all required parties, the Village Clerk is hereby directed to record the Preliminary and Final Plat with the Recorder of Deeds of DuPage County, Illinois, and the Village Clerk will then be authorized and directed to assess against and collect from the Owner of the Subject Property any costs in connection with those actions or this Resolution. Section 3: Approval of Variations. Pursuant to Section 14-7-4A of the Village Code and subject to and contingent upon the conditions set forth in Section 4 of this Resolution, the following Requested Relief for the Subject Property is granted: A.Conformance Required. A variation is granted from Section 14-6-1 of the Village Code to permit non-conformance with certain subdivision design standards as set forth in subsections B through E of this Section 3. B.Street and Pavement Width. A variation is granted from Section 14-6-3(A)(2) of the Village Code to allow the pre-existing streets (Wennes Court and Luthin Road) which abut the Subject Property to contain less than the required street/paving width. C.Curb and Gutter. A variation is granted from Section 14-6-3(A)(3) of the Village Code to waive the requirement of curbs and gutters. D.Sidewalks. A variation is granted from Section 14-6-3(E) of the Village Code to waive the requirement of sidewalks. E.Street Lighting. A variation is granted from Section 14-6-3(F) of the Village Code to waive the requirement of street lighting. Section 4. Conditions. The approvals granted in Sections 2 and 3 of this Resolution are hereby expressly subject to and contingent upon each of the following conditions: A.Payment by the Owner to the Village of Eighty Thousand Dollars ($80,000.00), representing the fair value of vacated right-of-way, as required by Ordinance 2018-ST-PV-EX-S-1532 approved on May 8, 2018. B.The Owner shall comply with all requirements, conditions and standards of the Village Code except as specifically modified and waived by this Resolution. Resolution 2018-SR-PP+FP-EX-R-1731 Wennes Estates Subdivision – Preliminary and Final Plat 3622 York Road – Two-Lot Subdivision PIN: 06-36-401-002 Page 3 of 6 C. The Owner shall comply with all other requirements of law, including without limitation, federal, state and local laws, ordinances, resolutions, and regulations, related to the Subject Property. Section 5. Grant of Easement. A.Approval. The Grant of Easement attached to this Resolution as Exhibit C is hereby approved, subject to minor modifications by the Village Manager and Village Attorney which do not alter any material terms or requirements contained therein. B.Authorization and Execution. The Village President and Clerk are hereby authorized and directed to execute and seal, on behalf of the Village, the Grant of Easement once placed into final form by the Village Manager and Village Attorney as set forth in Subsection A above. C.Recordation. Upon the execution of the Grant of Easement by all required parties, the Village Clerk is hereby directed to record the Grant of Easement with the Recorder of Deeds of DuPage County, Illinois, and the Village Clerk will then be authorized and directed to assess against and collect from the Owner of the Subject Property any costs in connection with those actions or this Resolution. Section 6. Severability. If any section, paragraph, clause or provision of this Resolution shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this Resolution. Section 7. Conflict. All prior Village approvals that are in conflict with this Resolution as to the Subject Property are hereby revoked as to the extent of any such conflict. Section 8. Effective Date. This Resolution shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. APPROVED THIS 12th day of June, 2018. _________________________________________ Gopal G. Lalmalani Village President PASSED THIS 12th day of June, 2018. Ayes: ________________________________________________________________________ Nays: ______________________________________________________________________ Absent: ____________________________________________________________________ ATTEST: _______________________________________ Charlotte K. Pruss Village Clerk Resolution 2018-SR-PP+FP-EX-R-1731 Wennes Estates Subdivision – Preliminary and Final Plat 3622 York Road – Two-Lot Subdivision PIN: 06-36-401-002 Page 4 of 6 EXHIBIT “A” LEGAL DESCRIPTION OF SUBJECT PROPERTY LOT 1 IN LUTHIN’S SUBDIVISION OF A PART OF THE SOUTH ½ OF SECTION 36, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 17, 1949 AS DOCUMENT 563041, IN DUPAGE COUNTY, ILLINOIS. Common Address: 3622 York Road, Oak Brook, Illinois Permanent Index Number: 06-36-401-002 Resolution 2018-SR-PP+FP-EX-R-1731 Wennes Estates Subdivision – Preliminary and Final Plat 3622 York Road – Two-Lot Subdivision PIN: 06-36-401-002 Page 5 of 6 EXHIBIT “B” PRELIMINARY and FINAL PLAT OF SUBDIVISION WENNES ESTATES 3S701 WEST AVENUE, SUITE 150WARRENVILLE, ILLINOIS 60555PHONE (630) 393-3060FAX (630) 393-215210 S. RIVERSIDE PLAZA , SUITE 875CHICAGO, ILLINOIS 60606PHONE (312) 474-7841FAX (312) 474-60992416 GALEN DRIVECHAMPAIGN, ILLINOIS 61821PHONE (217) 351-6268FAX (217) 355-1902RESOURCE ASSOCIATESENGINEERING13. 3S701 WEST AVENUE, SUITE 150WARRENVILLE, ILLINOIS 60555PHONE (630) 393-3060FAX (630) 393-215210 S. RIVERSIDE PLAZA , SUITE 875CHICAGO, ILLINOIS 60606PHONE (312) 474-7841FAX (312) 474-60992416 GALEN DRIVECHAMPAIGN, ILLINOIS 61821PHONE (217) 351-6268FAX (217) 355-1902RESOURCE ASSOCIATESENGINEERING“”13.a 3S701 WEST AVENUE, SUITE 150WARRENVILLE, ILLINOIS 60555PHONE (630) 393-3060FAX (630) 393-215210 S. RIVERSIDE PLAZA , SUITE 875CHICAGO, ILLINOIS 60606PHONE (312) 474-7841FAX (312) 474-60992416 GALEN DRIVECHAMPAIGN, ILLINOIS 61821PHONE (217) 351-6268FAX (217) 355-1902RESOURCE ASSOCIATESENGINEERING12. Resolution 2018-SR-PP+FP-EX-R-1731 Wennes Estates Subdivision – Preliminary and Final Plat 3622 York Road – Two-Lot Subdivision PIN: 06-36-401-002 Page 6 of 6 EXHIBIT “C” GRANT OF EASEMENT 1 This Instrument Prepared by: Mark W. Daniel Daniel Law Office, P.C. 17W733 Butterfield Road, Suite F Oakbrook Terrace, Illinois 60181 Upon Recording Return to: John R. Zemenak Rathje & Woodward, LLC 300 East Roosevelt Road, Suite 300 Wheaton, Illinois 60187 Property Addresses: TO BE DETERMINED Oak Brook, IL P.I.N.s: Current: 06-36-401-___, 06-36-401-___ Former: 06-36-401-002 GRANT OF EASEMENTS TO THE VILLAGE OF OAK BROOK THIS EASEMENT GRANT (“Easement Grant”), is made and entered into this 12th day of June, 2018, by and between Chicago Title Land Trust Company, as Trustee, of Trust No. 11- 12497 under Trust Agreement dated December 19, 2011, not individually but as trustee and legal titleholder (“Grantor”), and THE VILLAGE OF OAK BROOK, an Illinois municipal corporation, (“Grantee”), and collectively referred to as the “Parties.” A.Grantor owns or controls certain real property situated at the east end of Wennes Court and the east end of Luthin Road, in the Village of Oak Brook (“Village”), County of DuPage, State of Illinois, as legally described and depicted on “Exhibit A” attached hereto and made a part hereof (the “Grantor Property”). B.Grantee owned or controlled certain adjacent public right-of-way situated along the north line of the Grantor Property in the Village of Oak Brook, County of DuPage, State of Illinois, which was at least 100 feet wide. C.Pursuant to Ordinance No. S-1532, approved on May 8th, 2018, Grantee approved a plat of vacation which vacated a portion of the southern 36 feet of the Luthin Road right of way (as depicted in the ordinance) upon the conditions that this vacated territory be merged with the Grantor Property by operation of the plat of vacation, that Grantor pay an agreed sum to Grantee as fair compensation for the vacated territory, and that the Grantor deliver an executed recordable form of this Easement Grant at any meeting of the Village Board at which it may act to approve a final subdivision of the Grantor Property. A copy of said Ordinance No. R-1731 along with a copy of the plat of vacation are collectively attached hereto as “Exhibit B.” D.In conjunction with the approval of this Easement Grant by Grantee, Grantee approved or shall approve an ordinance which approves a Plat of Subdivision for Grantor’s Property allowing for the subdivision of Grantor Property (including the vacated territory) from one (1) lot to two (2) lots, and which Plat of Subdivision references this Easement Grant. 2 E. Grantee now owns or controls a 64-foot wide public right of way area depicted in the plat of vacation recorded as Document No. R2018-_________ in the Office of the Recorder of Deeds for DuPage County which is “Exhibit B” attached hereto (“Grantee Property”). F. Grantor has undertaken and is continuing a development on the Grantee Property for the construction and development of a single-family residence as part of the development of two single family residences on land that includes the Grantor Property and the lot directly west thereof (“Project”). G. Grantee has requested from Grantor easements for view that operate to prohibit certain structures and buildings, for access, for drainage, for grading and for construction purposes on a temporary basis and these easements are more particularly described and depicted below and in “Exhibit C” attached hereto and made a part hereof. H. Grantor and Grantee enter into this Easement Grant for the mutual benefit of the Parties, as further defined below. NOW, THEREFORE, and in consideration of the foregoing recitals which are incorporated herein and the mutual commitments of the parties which they recognize as lawful, valuable and sufficient consideration, the Parties agree as follows: Section 1. View Easement. 1.1 View Easement Purpose. The “View Easement” is intended to limit the location of buildings and structures on the Grantor Property while also protecting and avoiding waste on the Grantor Property in connection with the Project. 1.2 Grant of View Easement. Grantor, for itself and its heirs, personal representatives, successors and assigns, does hereby grant unto Grantee, its successors and/or assigns, a non- exclusive easement (“View Easement”) appurtenant to and for the benefit of Grantee and the Grantee Property in, on, under, over and through over each area of the View Easement which is described below in each of subparagraph A and subparagraph B of this Section 1.2 and subject to the restrictions set forth in each subparagraph. A. The vacated territory described in Recital C above and depicted in the plat of vacation attached hereto as Exhibit B shall be subject to a view easement in which no structure or installation other than public utilities or those items which may be installed under Section 3 shall be constructed or installed above grade; provided, however, that Grantor reserves the right to plant trees, shrubs and landscaping which may exist above grade in areas south of the Temporary Construction Easement addressed in Section 4. B. The north seventy-six (76) feet of the Grantor Property, measured to a depth parallel to the longest north lot line of the Grantor Property shall be subject to a view easement in which no building shall be constructed. “Building” shall mean “A structure having a roof designed or built for the enclosure, shelter or protection of persons, animals, chattels or movable property of any kind and which is permanently affixed to the land.”. Section 2. Access Easement. 2.1 Grant. Grantor, for itself and its heirs, personal representatives, successors and assigns, does hereby grant unto Grantee, its successors and/or assigns, a non-exclusive 3 easement for pedestrian access over the north six (6) feet of the Grantor Property, measured to a depth parallel to the longest north lot line of the Grantor Property (“Access Easement”) appurtenant to and for the benefit of the Grantee Property. 2.2 Grantor shall not install landscaping or any other obstruction other than grass from grade to the sky in the Access Easement. 2.3 Grantee is permitted to install walkway/sidewalk improvements in the Access Easement, in Grantee’s sole discretion. Grantee shall restore the area of the Access Easement to its condition prior to any work in or alteration to the Access Easement. Section 3. Drainage, Grading and Utility Easement. 3.1 Grant. Grantor, for itself and its heirs, personal representatives, successors and assigns, does hereby grant unto Grantee, its successors and/or assigns, a non-exclusive easement for drainage, grading and utilities over the north ten (10) feet of the Grantor Property, measured to a depth parallel to each of the north lot lines of the Grantor Property (“Drainage, Grading and Utility Easement”) appurtenant to and for the benefit of the Grantee Property. 3.2 The sole purpose of the Drainage, Grading and Utility Easement shall be for the purpose of providing for the overland flow of stormwater that flows into the Drainage, Grading and Utility Easement area naturally, and for the installation, use and maintenance of public and private utility lines. 3.3 Grantee shall not utilize the Drainage, Grading and Utility Easement to create storage, retention or detention of stormwater, to install lift stations or pumps or to alter the direction or volume of stormwater flow. Grantee has the non-exclusive right, in its sole discretion, to install underground stormwater conveyance pipes within the Drainage, Grading and Utility Easement consistent with the purpose of this Drainage, Grading and Utility Easement. 3.4 Grantee shall not alter the grade so that it is more than two feet below the grade reflected in the final grading as-built survey for the Grantor Property which shall remain on file with the Grantee and remain available to Grantor without charge upon request. 3.5 Nothing in the Drainage, Grading and Utility Easement shall be deemed to alter the drainage, riparian or other common law or statutory rights of the Grantor and Grantee or any owner of neighboring property during the term hereof or thereafter. 3.6 Grantee shall restore the area of the Drainage, Grading and Utility Easement to its condition prior to any work in or alteration to the Drainage, Grading and Utility Easement. Section 4. Temporary Construction Easement. 4.1 Grant. Grantor, for itself and its heirs, personal representatives, successors and assigns, does hereby grant unto Grantee, its successors and/or assigns, a non-exclusive easement for access, storage of materials and staging of construction projects occurring in the Grantee Property adjacent to the Grantor Property over the north twenty (20) feet of the Grantor Property, measured to a depth parallel to the longest north lot line of the Grantor Property (“Temporary Construction Easement”) appurtenant to and for the benefit of the Grantee Property. 4 4.2 Grantee shall not store, convey or handle hazardous materials in the Temporary Construction Easement or allow anyone else to do so. 4.3 Grantee shall restore the area of the Temporary Construction Easement to its condition prior to use of the Temporary Construction Easement. Section 5. Terms of Easement Grant. 5.1 The term of the Easement Grant shall be perpetual and permanent and it is intended to run with the lands of the Grantor Property and Grantee Property and to bind future owners, successors and assigns. 5.2 Grantee may terminate this Easement Grant provided that it provides Grantor an executed written release of easement in recordable form. 5.3 Nothing in this Easement Grant shall be deemed to be a dedication of property to Grantee. Grantor acknowledges that the Access Easement shall be for the benefit of the Grantee, the public generally, and the area of the Access Easement remains subject to use by owners of property in Luthin’s Subdivision, recorded in the Office of the Recorder of Deeds for DuPage County on February 17, 1949, as Document No. R1949-563041. 5.4 [Intentionally deleted.] 5.5. Grantee shall repair and restore damage caused by Grantee or anyone acting for Grantee within the property areas subject to these easements (hereinafter “Easement Area”). Grantor shall repair and restore damage to the Easement area caused by Grantor, its contractors, agents, guests and invitees. 5.6. To the extent that the Grantee exercises rights under this Easement Grant and performs work therein, either Grantee shall have, or Grantee shall require any third parties acting for it to have the following coverages and protections: A. Workers Compensation coverage in the amount required by law or greater; B. General liability insurance coverage in an amount not less than $1,000,000.00 per occurrence and $2,000,000.00 aggregate; and C. Vehicle insurance in the minimum amount required by law. Grantee may maintain all such insurance coverage as part of its comprehensive Village insurance program. Grantee shall require all contractors to maintain such insurance coverage as are provided above. All of Grantee’s contractors shall use their best efforts to provide Grantor and Grantee certificates of insurance evidencing the coverage levels provided for above and they shall name the owner of the Grantor Property and its occupants as additional insureds. The certificates shall indicate that the policies of insurance and coverage provided therein are not subject to cancellation or termination without thirty (30) days advance notice in writing to the Grantor. Section 6. Cooperation Regarding Easements, Use and Maintenance Thereof. Grantee shall maintain, repair and replace, all improvements and installations in any easement area by Grantee or accepted by Grantee via a bill of sale or other form. Grantee will restore the easement areas from which improvements are removed. Except for Grantee’s obligations set forth in this Section 5 6 and except for Grantee’s obligations herein regarding restoration of the Easement Areas after performing work therein, Grantor shall be responsible at all times for maintaining the Easement Area. Section 7. Liens. Grantee shall promptly pay and discharge any and all public and private liens arising out of any installation, alterations or repairs or replacements done, suffered or permitted to be done by Grantee (“Grantee’s Work”) on the Grantor’s Property. Grantee shall defend, protect and save the Grantor harmless from and against claims for monies or damages arising from such liens relating to Grantee’s Work in the Easement Area. Section 8. Notices. Any notice, demand, request or other communication which either party hereto may be required or may desire to give under this Easement Grant shall be in writing and shall be deemed to have been properly given if (a) hand delivered (effective upon delivery), (b) mailed (effective three (3) days after mailing) by United States registered or certified mail, postage prepaid, return receipt requested, (c) sent by a national recognized overnight delivery service (effective one (1) days after being deposited with such courier), or (d) sent by electronic mail with receipt acknowledged by a recipient (effective at the time acknowledged and provided that no acknowledgment is required for notices of planned construction which shall be effective on the date and time of the email being sent according to Central time zone time), in each case, addressed as follows: If to Grantor: Chicago Title Land Trust Company, as Trustee under Trust No. 11-12497 U/T/A dated 12/19/11 With a copy to: John Romanelli 3824 York Road Oak Brook, IL 60523 With a copy to: Mark W. Daniel Daniel Law Office, P.C. 17W733 Butterfield Road, Suite F Oakbrook Terrace, Illinois 60181 mark@thedaniellawoffice.com Phone: (630) 833-3311 If to Grantee: Village Clerk Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 With a copy to: Director of Public Works Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 Section 9. Recordation. It is understood and agreed that this Easement Grant and any amendment hereto shall be in recordable form and be recorded at Grantor’s expense in the real estate records in the county where the Grantor Property and the Grantee Property are located. 6 Section 10. Covenants. 10.1 Grantor and Grantee represent and warrant that they are the owners in fee simple of the Grantor Property and the Grantee Property, respectively, free and clear of all liens and encumbrances that would impair the ability to perform their respective obligations under this Easement Grant, and that each alone has full right to grant the Maintenance Easement and Landscape Easement. Neither Grantor nor Grantee has granted any outstanding options to purchase or rights of first refusal with respect to all or any part of the Grantor Property or Grantee Property and neither is a party to outstanding contracts with others for the sale, mortgage, pledge, hypothecation, assignment, or other transfer of ownership or future ownership interest in its property other than the those involving the mortgagees who have consented to this Easement Grant below. 10.2 During the term hereof, Grantor shall pay when due all real property taxes and all other fees and assessments attributable to Grantor Property. If Grantor fails to pay when due any taxes affecting Grantor Property, then Grantee shall have the right but not the obligation to pay such taxes after thirty days’ written notice to Grantor for failing to pay the amount due and demand payment therefore from Grantor, which payment shall be made within thirty (30) days of such demand. In the event that Grantor fails to remit such payment to Grantee within said time period, Grantee may record a lien against title to Grantor’s Property in the amount of the real property and other fees and assessments paid by Grantee, or Grantee may pursue any other legal or equitable remedy against Grantor. Nothing contained herein shall limit or affect Grantor’s right to appeal or otherwise challenge the real property taxes and other fees and assessments attributable to Grantor Property, and Grantor shall not be considered in default of this Section 10.2 for failing to pay such real property taxes or other fees and assessments for which Grantor has a valid appeal or challenge pending, unless provided otherwise by law. 10.3 [Intentionally deleted]. 10.4 Neither Grantor nor Grantee has received notice of condemnation of all or any part of the land that is the subject of this Easement Grant, notice of any assessment for public improvements, or notices with respect to any zoning ordinance or other law, order, regulation or requirement relating to the use or ownership of such lands other than what is of public record and there exists no violation of any such governmental law, order, regulation or requirement and there is no litigation pending or threatened, which in any manner affects the terms of this Easement Grant. Section 11. Cure. No party to this Easement Grant shall be in default of the terms thereof until thirty (30) days following the date of the defaulting party’s receipt of notice provided under Section 8 of default from the non-defaulting party. In the event such default is not reasonably capable of cure within such thirty (30) day period and such defaulting party promptly and diligently pursues the cure of such default during such cure period, such cure period shall be extended for so long as the defaulting party diligently pursues such cure for a maximum of ninety (90) additional days subject to winter conditions or conditions beyond the control of the party intending to cure. In no event shall a party be entitled to terminate this Easement Grant as a result of or remedy for any breach or default thereunder by the party attempting to terminate. In the event a party fails to comply with the terms of this Easement Grant, the other party may, in its sole and absolute discretion, cure any such default, so long as such cure does not involve physical presence on the defaulting party’s premises, and to the extent the curing party incurs any expenses in connection with such 7 cure (including but not limited to the amount of any real property taxes the party pays on behalf of the other party), the other party agrees to promptly reimburse the curing party for such expenses incurred and hereby grants the curing party a security interest and lien in the property owned by them to secure the obligation. Section 12. Mortgagees, Continuation Rights, Notice and Cure. Grantor may from time to time grant to certain lenders (the “Lender”) a lien on and security interest in Grantor Property, but such lien and security interest shall not affect or attach to the assets of Grantee located on Grantor Property and shall not affect, impact or negate this Easement Grant. Such rights shall only be granted as collateral security for the repayment of any indebtedness to the Lender. Section 13. Miscellaneous. 13.1 All questions concerning the interpretation or application of provisions of this Easement Grant shall be decided according to the substantive laws of the State of Illinois without regard to conflicts of law provisions. 13.2 This instrument and all of the terms, covenants and provisions hereof shall inure to the benefit of and be binding upon each of the Parties hereto and their respective legal representatives, successors and assigns and shall run with, inure to the benefit of, and be binding upon the Grantor, Grantee, and Grantor Property and anyone claiming under or through them. 13.3 If any action at law or in equity is necessary to enforce or interpret the terms of this Easement Grant, the prevailing party or parties shall be entitled to reasonable attorneys’ fees, court costs and necessary disbursements in addition to any other relief to which such party or parties may be entitled. 13.4 If any provision of this Easement Grant is held to be illegal, invalid or unenforceable under present or future Laws, such provision will be fully severable and this Easement Grant will be construed and enforced as if such illegal, invalid or unenforceable provision is not a part hereof, and the remaining provisions hereof will remain in full force and effect. In lieu of any illegal, invalid or unenforceable provision herein, there will be added automatically as a part of this Easement Grant a provision as similar in its terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable. 13.5 This Easement Grant is the full and complete agreement concerning its subject matter between Grantor and Grantee as described herein. Notwithstanding the foregoing, Grantor and Grantee acknowledge that this Easement Grant is one condition of the Grantor obtaining clear title to the public right of way vacated by Ordinance No. S-1532. 13.6 Time is of the essence for the performance of this Easement Agreement. 13.7 Grantor covenants that it is the owner of the Grantor Property and has the right, title and capacity to grant the easements herein conveyed. 13.8 Easements Run with Land. All easements and covenants contained in this Easement Grant shall run with and against the land so described and shall, except to the extent otherwise specifically provided in this Easement Grant, be appurtenant to and a benefit thereto and a burden thereon. 8 13.9 This Easement Grant shall be referenced on Grantor’s Plat of Subdivision provided that doing so does not create any private right of enforcement of this Easement Grant in the owner of any land other than that which is burdened by this Easement Grant. 13.10 This Easement Grant is binding upon the successor and assigns of the Grantor and Grantee, and it is understood that this agreement cannot be abrogated, changed or altered in any way except by writing, legally signed by both Grantor and Grantee. 13.11 This Easement Grant shall be recorded at the Office of the Recorder of Deed for DuPage County, Illinois following execution as necessary, by mortgagees of mortgagee consent. Until such time, as the consents are obtained, this Easement Agreement shall be valid and binding between the Parties and neither party shall take any action or engage in inaction that would diminish the other’s rights or rights of any mortgagee. 13.12 The captions and headings in this Easement Grant are for convenience and shall not be held or deemed to define, limit, describe, explain, modify, amplify or add to the interpretation, construction or meaning of any provisions of or the scope or intent of this Easement Grant. 13.13 Except as otherwise expressly provided herein, each and every one of the rights, benefits and remedies provided by this Easement Agreement, or by any instrument or documents executed pursuant to this Easement Grant, are cumulative and shall not be exclusive of any other of said rights, remedies and benefits allowed by law or equity. 13.14 If the rule against perpetuities or any other rule of law would invalidate the Easement Grant or any portion or provision hereof or would limit the time during which the Easement Grant or any portion or provision hereof shall be effective due to the potential failure of an interest in property created herein to vest within a particular time, then each such interest in property shall be effective only from the date hereof until the passing of twenty (20) years after the death of the last survivor of the members of Congress of the United States of America (including the House of Representatives and the Senate) representing the State of Illinois who are serving on the date hereof, but each such interest in property shall be extinguished after such time, and all other interests in property created herein and all other provisions hereof shall remain valid and effective without modification. 13.15 Any improvements installed by Grantor within the Easement Area shall comply with all ordinances, codes and regulations of the Village of Oak Brook or any other governmental entity having jurisdiction over the Easement Area. IN WITNESS WHEREOF, the parties above named have hereunto set their hands and seals the date first above written. [Signature Page to Follow] 9 GRANTOR: CHICAGO TITLE LAND TRUST COMPANY, as Trustee under trust agreement dated December 19, 2011 and Trust No. 11-12497 By:____________________________________ Dated:_________________________________ STATE OF ILLINOIS ) ) SS: COUNTY OF DUPAGE ) I, _______________________, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY, that _________________, who is personally known to me to be the person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed, sealed and delivered the said instrument as his free and voluntary act and as the free and voluntary act of said limited liability company for the uses and purposes therein set forth. Given under my hand and notarial seal this _____ day of June 2018. ______________________________________ Notary Public [TRUSTEE EXCULPATION BELOW] GRANTEE: VILLAGE OF OAK BROOK By: ________________________________ Printed Name: Gopal G. Lalmalani Title: Village President Attest: ______________________________ STATE OF ILLINOIS ) Charlotte K. Pruss, Village Clerk ) SS: COUNTY OF DUPAGE ) I, _______________________, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that GOPAL G. LALMALANI and CHARLOTTE K. PRUSS, President and Clerk of the VILLAGE OF OAK BROOK, who are personally known to me to be the person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act and as the free and voluntary act of said VILLAGE for the uses and purposes therein set forth. Given under my hand and notarial seal this _____ day of June 2018. ______________________________________ Notary Public 10 Acknowledged and accepted by Grantor’s Lender: By: ________________________________ Printed Name: Dated: _____________________________ STATE OF ILLINOIS ) ) SS: COUNTY OF DUPAGE ) I, _______________________, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY, that ________________, who is personally known to me to be the person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed, sealed and delivered the said instrument as his free and voluntary act for the uses and purposes therein set forth. Given under my hand and notarial seal this _____ day of June, 2018. ______________________________________ Notary Public 11 EXHIBIT A LEGAL DESCRIPTION OF GRANTOR PROPERTY Legal description for PIN 06-26-401-____, Oak Brook, Illinois Lot 2 in Wennes Estates Subdivision of Lot 1 in Luthin’s Subdivision a part of the south half of Section 36, Township 39 North, range 11, east of the Third Principal Meridian, according to the Plat thereof recorded February 17, 1949 in the office of the DuPage County Recorder of Deeds as document 563041 in the Village of Oak Brook, DuPage County, Illinois. 12 EXHIBIT B PLAT OF VACATION 3S701 WEST AVENUE, SUITE 150WARRENVILLE, ILLINOIS 60555PHONE (630) 393-3060FAX (630) 393-215210 S. RIVERSIDE PLAZA , SUITE 875CHICAGO, ILLINOIS 60606PHONE (312) 474-7841FAX (312) 474-60992416 GALEN DRIVECHAMPAIGN, ILLINOIS 61821PHONE (217) 351-6268FAX (217) 355-1902RESOURCE ASSOCIATESENGINEERING 13 EXHIBIT C DEPICTION OF EASEMENT AREAS 3S701 WEST AVENUE, SUITE 150WARRENVILLE, ILLINOIS 60555PHONE (630) 393-3060FAX (630) 393-215210 S. RIVERSIDE PLAZA , SUITE 875CHICAGO, ILLINOIS 60606PHONE (312) 474-7841FAX (312) 474-60992416 GALEN DRIVECHAMPAIGN, ILLINOIS 61821PHONE (217) 351-6268FAX (217) 355-1902RESOURCE ASSOCIATESENGINEERING EXHIBIT CDEPICTION OF EASEMENT AREAS 3S701 WEST AVENUE, SUITE 150WARRENVILLE, ILLINOIS 60555PHONE (630) 393-3060FAX (630) 393-215210 S. RIVERSIDE PLAZA , SUITE 875CHICAGO, ILLINOIS 60606PHONE (312) 474-7841FAX (312) 474-60992416 GALEN DRIVECHAMPAIGN, ILLINOIS 61821PHONE (217) 351-6268FAX (217) 355-1902RESOURCE ASSOCIATESENGINEERING I 3S701 WEST AVENUE, SUITE 150WARRENVILLE, ILLINOIS 60555PHONE (630) 393-3060FAX (630) 393-215210 S. RIVERSIDE PLAZA , SUITE 875CHICAGO, ILLINOIS 60606PHONE (312) 474-7841FAX (312) 474-60992416 GALEN DRIVECHAMPAIGN, ILLINOIS 61821PHONE (217) 351-6268FAX (217) 355-1902RESOURCE ASSOCIATESENGINEERINGJ. 3S701 WEST AVENUE, SUITE 150WARRENVILLE, ILLINOIS 60555PHONE (630) 393-3060FAX (630) 393-215210 S. RIVERSIDE PLAZA , SUITE 875CHICAGO, ILLINOIS 60606PHONE (312) 474-7841FAX (312) 474-60992416 GALEN DRIVECHAMPAIGN, ILLINOIS 61821PHONE (217) 351-6268FAX (217) 355-1902RESOURCE ASSOCIATESENGINEERING“” page K. 3S701 WEST AVENUE, SUITE 150WARRENVILLE, ILLINOIS 60555PHONE (630) 393-3060FAX (630) 393-215210 S. RIVERSIDE PLAZA , SUITE 875CHICAGO, ILLINOIS 60606PHONE (312) 474-7841FAX (312) 474-60992416 GALEN DRIVECHAMPAIGN, ILLINOIS 61821PHONE (217) 351-6268FAX (217) 355-1902RESOURCE ASSOCIATESENGINEERING L