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S-308 - 08/12/1974 - VACATION - Ordinances ORDINANCE NO. S-308 AN ORDINANCE VACATING A PART OF BRIARWOOD CENTRAL WITHIN THE VILLAGE OF OAK BROOK 1 WHEREAS, it is deemed by the President and Board of Trustees of the Village of Oak Brook that there is no longer a need for a portion of Briarwood Central to remain a dedicated roadway, and WHEREAS, it is deemed by the President and Board of Trustees that said portion of said street is not used by the general public and that it is not in the public interest for the Village to main- tAin and expend funds for the upkeep of said street; NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Oak Brook, DuPage County, Illinois , - as follows: Section 1. It is hereby determined that the best. interest of the people of the Village of Oak Brook and of the municipality will be served by hereby vacating that portion of Briarwood Central described as follows The South 45 feet of Briarwood Central.-.(roadway) in Brook Forest Unit Six Subdivision, being that portion of Briarwood Central lying between the East line of Lot 391 and the West line of State Route No . 83 as described in Document No. 341471 as recorded in DuPage County, all lying in Section 27, Township 39 North, Range 11 East of the Third Principal Meridian, DuPage County, Illinois. Section 2 . The vacation of the street hereinbefore described is subject to an easement herewith reserved to the Village of Oak Brook for the construction, operation and maintenance, repair and replacement of any and all utilities and other facilities necessary . for other public and quasi-public service together with the right of access thereto for such purposes And , provided further that said roadway shall constitute an extension of a private road shown as Lot 0 on the plat of Briarwood Lakes Unit II Subdivision, I recorded as Document No . R67-44810, in the Recorder's Office of DuPage County, _ Illinois as though said roadway had. been an original part of said Lot 0 Section 3. As a condition of this vacation, the abutting land owner, Briarwood Lakes Community Association agrees to maintain said vacated portion of said street and that nothing shall be erected on said surface which shall interfere with the operation of the ease- ment hereto fore reserved with the exception of the relocation of a gate and fencing along the North line thereof and neither the Village nor any utility company franchised by said Village shall be responsible for the protection or restoration of said fencing or gate. Section 4. The Village Clerk of the Village of Oak Brook is hereby directed to file a certified copy of this Ordinance in the office of the Recorder of Deeds of DuPage County, Illinois , upon receipt from the Briarwood Lakes Community Association, a commitment assuming the obligations and conditions imposed herein. Section 5 . This Ordinance shall be in full force and effect from and after its passage, approval and recordation as provided by law. A 1- 3ol -2- ' PASSED and by the President anr? 11oard of 'T'rustees of the Villacfe of Oak Brook , DuPaQ_e County, Illinois , this 13th day of August 1974: APPROVED /sf George B . Howell President ATTEST: /s/ Marianne Lakosil V llaae Clerk AYES 'NTAYS . p ABSENT: 1 1