S-668 - 04/25/1989 - SPECIAL USE - Ordinances ORDINANCE NO. S-668
AN ORDINANCE GRANTING A FLOOD PLAIN SPECIAL USE PERMIT
PURSUANT TO SECTION 10-34 OF THE CODE OF ORDINANCES OF
THE VILLAGE OF OAK BROOK, ILLINOIS
(3900 York Road)
WHEREAS, the owner of certain property described herein has petitioned
the corporate authorities of the Village of Oak Brook, DuPage and Cook
Counties, Illinois, for a Flood Plain Special Use Permit under Section 10-34
of the Code of Ordinances of the Village of Oak Brook, relating to flood plainr
and wetland regulations; and
WHEREAS, a public hearing on such petition has been conducted by the
Zoning Board of Appeals of the Village on February 7, 1989, pursuant to due
and appropriate legal notice; and
WHEREAS, the Plan Commission of the Village of Oak Brook has submitted
its recommendation to the President and Board of Trustees; and
WHEREAS, both the Plan Commission and Zoning Board of Appeals have
recommended approval of the petition since the proposed use is consistent with
the best use of the flood plain; and
WHEREAS, the proposed use satisfies the requirements of and is consistent
with each of the factors set forth in Section 10-34(c) of the Code of
Ordinances of the Village of Oak Brook; and
WHEREAS, the corporate authorities of the Village of Oak Brook deem the
passage of this Ordinance to be in the best interest and in furtherance of the
general welfare of the Village of Oak Brook;
NOW, THEREFORE, 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 provisions of the preamble hereinabove set forth are
hereby adopted as though fully set forth herein.
Section 2: Pursuant to Section 10-34 of the Code of Ordinances of the
Village of Oak Brook, Illinois, a Flood Plain Special Use Permit is hereby
granted to allow the construction of a single-family residence, which property
is legally described as:
Lots 2 in J. Lynch's Assessment Resubdivision of Part of Tract B in J.
Lynch Second Plat of Survey (recorded February 11, 1954 as Document
707775) of parts of Lot 1 in Gmoser and Bluma's Plat of Survey (recorded
June 18, 1949 as Document 570094) in the south half of Section 36,
Township 39 North, Range 11, East of the Third Principal Meridian,
according to the Plat of said J. Lynch's Assessment Resubdivision
recorded May 2, 1957 as Document 840938, in DuPage County, Illinois.
Permanent Parcel #06-36-308-010.
Section 3: That the Special Use Permit herein granted in Section 2 of
this Ordinance is expressly subject to the following conditions:
A. That construction is substantially in accordance with the two-sheet
set of plans entitled "Grading Plan" prepared by Lindley & Sons, Inc.,
last revised 4-6-89 and attached hereto as Exhibit A and made a part
hereof,
B. That the applicant obtain a Letter of Map Revision which would
totally remove the building pad from the flood plain and thereby permit
construction of the basement.
C_ That the structure be flood proofed to an elevation of three feet
above the high water level to approximately 648.
D. That approval be received from the Illinois Department of
Transportation, Division of Water Resources.
Ordinance No. S- 668
Granting a Flood Plain Special
Use Permit
(3900 York Road)
Page 2
E. That the applicant install in conformance with Village standards and
plans approved by the Village sanitary sewer and water connected to the
proposed residence and a roadway to provide access to York Road.
Section 4: That this ordinance shall be in full force and effect from
and after passage and approval as provided by law.
Section 5: That all ordinances, rules and regulations of the Village of
Oak Brook which are in conflict with the provisions of this Ordinance are
hereby repealed to the extent of such conflict, but only as they apply to the
property hereinabove described.
Section 6: If any portion of this Ordinance is to be invalid, such
determination shall not affect the validity of any remaining portion of this
Ordinance.
PASSED THIS 2Sth day of April 1989.
Ayes: Trustees Bartecki, Bushy, Imrie, Daher, Rush and Winters
Nays: None
Absent: None
Abstain: None
APPROVED THIS 2Sth day of April ., , 1989.
V2 lage President
ATTEST:
CIA
Village Clerk
Approved as to Form:
V�
Village At orney
Published
Date Paper
Not Published XX
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INTERGOVERNMENTAL AGR?F4ENT -
BETWEEN THE VILLAGE OF OAK BROOK AND CAPITOL BANK &
' i
N1
Led,
This Agreement, entered into this 25th day of April 1989, by and
between the Village of Oak Brook, DuPage and Cook Counties, Illinois, a
municipal corporation (hereinafter referred to as "VILLAGE") ; and Capitol Bank
and Trust, as Trustee as aforesaid and not individually under Trust #1746,
(hereinafter referred to as "OWNERS") ,
W I T N E S S E T H
t �
WHEREAS, OWNERS own a piece of property located north of Glendale Avenu
co
and west of York Road legally described as: I>;•7
CD
r
Lots 2 in J. Lynch's Assessment Resubdivision of Part of Tract B
in J. Lynch Second Plat of Survey (recorded February 11, 1954 as _-=
Document 707775) of parts of Lot 1 in Gmoser and Bluma's Plat of
Survey (recorded June 18, 1949 as Document 570094) in the south
half of Section 36, Township 39 North, Range 11, East of the -. G
Third Principal Meridian, according to the Plat of said J.
Lynch's Assessment Resubdivision recorded May 2, 1957 as Document
340938, in DuPage County, Illinois. Permanent Parcel
#06-36-308-010 (hereinafter referred to as "SUBJECT PROPERTY") .
�-c
WHEREAS, said OWNERS have applied to VILLAGE. for a Flood Plain Special
Use Permit in order to develop said property with a single-family residence; .
and
WHEREAS, the VILLAGE, pursuant to Ordinance S-663 has approved the ,o
granting of a Flood 'Plain Special Use to allow the construction of said
single-family residence; and
WHEREAS, concurrent with said Flood Plain Special Use application,
OWNERS have regaested permission to utilize public right-cf-way known as
._' 4a`�_. "Ivcnuc a mca,.s to t ei r property
hereinabove described; and
7n
WHEREAS, VILLAGE has reviewed alternative methods of providing access to
the subject property including the construction of Glendale Avenue to connect
to Washington Street; and
WHEREAS, VILLAGE has determined alternative methods of access to the
subject property are not feasible nor in the public interest due in part to
the flood plai:Y characteristics of said portion of Glendale Avenue west of
the subject property; and
WHEREAS, VILLAGE has reviewed OWNER'S request to construct an access way
in the right-of-way known as Glendale Avenue to connect to York Road and has
approved same subject to the provisions of this Agreement because of the
unique circumstances associated with the development of the subject property
and the character of Glendale Avenue; and
WHEREAS, Article VII, Section 10, of the Constitution of the State of
Illinois specifically authorizes units of local government to contract and
otherwise associate with individuals, associations and corporations in any
manner not prohibited by law or ordinance;
NOW, THEREFORE, IN CONSIDERATION of mutual agreements contained herein
and upon further considerations and recitals hereinabove set forth, it is
hereby agreed by and between the parties hereto as follows:
I. CONSTRUCTION OF IMPROVEMENTS IN PRIVATE RIGHT-OF-WAY
OWNERS shall construct an access road to provide access to the SUBJECT
PROPERTY in conformance with the specifications entitled "Grading Plan", /t-c7-
attached hereto, labelled Exhibit A, and hereby made a part hereof. The
parties agree that no Certificate of Occupancy shall issue for the use of the
SUBJECT PROPERTY until the completion of said roadway improvements. As a
further precondition to the issuance of any Certificace of Occupancy for the
SUBJECT PROPERTY, OWNERS shall provide the VILLAGE with appropriate Waivers
Tn
of Lien in form and substance acceptable to the Village Attorney evidencing
the full payment for all materials and labor for work on said roadway
improvements.
II. MAINTENANCE OF PROPERTY
For and in consideration of the right to utilize the roadway, OWNERS
agree to maintain the rc:adway and right-of-way in VILLAGE in a neat,
presentable and serviceable condition at all times. If OWNERS at any time
fail to maintain said roadway or right-of-way, VILLAGE shall have the right,
but not the obligation, to effect any necessary maintenance_
If OWNERS fail to maintain said roadway or right-of-way, VILLAGE, prior
to undertaking any maintenance shall provide written notice to OWNERS of
their default in their obligation to maintain. If OWNERS do not cure such
defect in maintenance within seven (7) days, the VILLAGE may provide such
maintenance or make such repairs and shall have the right to be reimbursed
for all out-of-pocket costs and expenses incurred by the VILLAGE in
connection with such maintenance and repair. OWNERS agree to reimburse the
VILLAGE for any such costs and expenses and to pay the same within thirty
(30) days of receipt of the statement for such costs and expenses. If OWNERS
fail to pay said expenses as provided herein, the VILLAGE shall have a lien
upon the SUBJECT PROPERTY to secure payment of the amounts due to the
VILLAGE.
III. INDEMNIFICATION
OWNERS shall- protect, defend. indemnify and hold harmless the VILLAGE of
any claim, liability, cost, damage or expense (including without limitation
reasonable attorney's fees and court costs of any type, nature or
description) arising in connection with the constr'ucticn or maintenance of
--'@ roadway and .ight-Ot-way 1erA'_ l described and lllc' .P. 'ri1'Glc' or in part t0
s
the negligent act or omission of the OWNERS, their officers, agents,
employees, contractors or invitees.
Ill. RESERVATION OF RIGHTS OF VILLAGE
Notwithstanding any rights of use granted to the roadway in question to
OWNERS by this Agreement, VILLAGE reserves any and all rights over, above,
below and on the roadway cons tructed','pursuant to this Agreement and the
entire right-of-way of Glendale Avenue and further reserves the right to make
alterations to the roadway constructed hereunder solely within its exclusive
discretion.
V. COVENANT RUNNING WITH THE LAND
All provisions of this Agreement, including the benefits and burdens are
hereby declared to run with the land and are binding upon and inure to the
benefit of the heirs, successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed by the proper signatories pursuant to authorization appropriately
given this �2 7;J day of t=d,? _ , 1989.
This st3tam°^t is 1=zs=d 4F}"••'
upon isSorrna rne, 2. t3s- CAPITOL BANK AND TRUST, as Trustee
'' d �`:� as aforesaid and not individually
information fury: e
under Trust #1746
benef;c'sary or
.,.,
3fcr2s3iJ trust. Th'e
has no persorsl :7a�:I �' 0
of t,,e fa--ts r ' o;ein JOHN 1 HOULIHA
c s.o.�^c:l.s N
ATTEST: 'SR. 'DICE PRESIDENT & TRUST OFFICER
contained.
SHARE-N , ,. L `•/ VILLAGE OF OAK BROCK,
DuPage and Cook Counties, Illinois
ASSISTANT TRUST OFFICER " '
a municipaZ�corporation
Wench F. Cerne 4 _I1
'I_-=ale �rps i dent
ATTEST: PRE?.kRnD BY :
john H. Brechin, V4.'1j-a(7e :1t`
V ii a1 1A oL Oak Brook
��' ka.>. :. :.�..�•.i�� )C bak Brook Road
:Aa=carne Lakosi�, _MC Oa:< Brook , iT UUS-'.
RETURN T0 :
3ruce F . Kapff
asss itant to Village `lava er
I1.1iaLT [ 0 k 3roVk
n
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STATE OF ILLINOIS)
) SS.
COUNTY OF DU PAGE)
Cook
I, the undersigned, a Notary Public in and for tkm. County and State
aforesaid, DO HE Y CERTIFY that Tthe above named/A �I'Fresident and
Assistant � i roIr CAPITOL BANK AND TRUST, a/C66 nil pn�Wnonally known
to me to be the same persons whose names are s cribeof�p the foregoing
instrument as such/A� %i(Fresident and Assistant ust 9kespectively,
appeared before me this day in person and acknowledged that they signed and
delivered the said instrument as their own free and voluntary act, and as the
free and voluntary act of said Cor-pp'gti&yi(fFr the uses and purposes therein
set forth; and the said ssistant key then and there acknowledged that
said Assistant r�fi_Frcustodian of the corporate seal of said
Corporation caused the corporate seal of said Corporation to be affixed to
said instrument pursuant to authorit given by the Board of Directors of said
Corporation, as said Assistant torn free and voluntary act, and as
the free and voluntary act of said Corporation for the uses and purposes
therein set forth.
GIVEN under my hand and Notarial Seal this th ay of AP it
1989.
Notary Pub
My Commission Expires:
_SEAL
J M RUNAS
STATE OF ILLINOIS) NOTARY PUBLIC,STATE OF ILLINOIS
SS. M Commisd10n Expires 08108189
COUNTY OF DU PAGE)
I, the undersigned, a Notary Public in and for the County and State
aforesaid, do hereby certify that the above-named WENCE F. CERNE, VILLAGE
PRESIDENT and MARIANNE LAKOSIL, VILLAGE CTyr.RK, personally known to me to be
the same persons whose names are subscribed to the foregoing instrument as
such WENCE F. CERNE and MARIANNE LAKOSIL respectively, appeared before me this
day in person and acknowledge that they signed and delivered the said
instrument as their own free and voluntary act and as the free and voluntary
act of said Village for the uses and purposes therein set forth; and the said
Village President and Village Clerk, as custodians of the corporate seal of
said Village, caused the corporate seal of the said Village to be affixed to
said
instrument pursuant to authority given by the Board of Trustees of said Village.
I-I /2 ` 0
;LIEN under my hand and Notariai Seal t'�,s of day of L
1989. � / V�
l Nor.arI ?ubiic
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