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S-669 - 05/09/1989 - AGREEMENT - Ordinances ORDINANCE S-669 AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF OAK BROOK, FOREST PRESERVE DISTRICT OF DU PAGE COUNTY AND THE VILLAGE OF HINSDALE WHEREAS, the Forest Preserve District of DuPage County, the Village of Hinsdale and Village of Oak Brook desire to acquire certain property for statutorily authorized purposes including the preservation of open space; and WHEREAS, the said parties desire to enter into an Agreement setting forth their understandings concerning the purchase and use of said property; 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 Agreement attached hereto entitled "Intergovernmental Agreement Between the Forest Preserve District of DuPage County, the Village of Hinsdale and the Village of Oak Brook for the Acquisition of Certain Real Property" be and is hereby approved. Section 2: That the Village President and Village Clerk are hereby authorized and directed to execute the said Agreement and associated documents to implement the terms and purposes of said Intergovernmental Agreement. _ Section 3: That this Ordinance shall be in full force and effect from and after passage and approval as provided by law. PASSED THIS 9th day of May , 1989. Ayes: Trustees Bartecki, Payovich, Rush and Winters Nays: None Absent: Trustees Bushy and *Maher Abstain: None APPROVED THIS 9th day of May Village President ATTEST: Village Clerk Approved as to Form: Village Attordey Published Date Paper Not Published XX L; t ORDINANCE NO. 89-138 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE FOREST PRESERVE DISTRICT OF DU PAGE COUNTY, THE VILLAGE OF HINSDALE, AND THE VILLAGE OF OAK BROOK ENTITLED "INTERGOVERNMENTAL AGREEMENT FOR THE ACQUISITION OF CERTAIN REAL PROPERTY" WHEREAS, the Forest Preserve District of DuPage County is authorized, pursuant to "AN ACT to provide for the creation and management of forest preserve district in counties having a population of less than 3,000,000," I11 . Rev. Stat. 1987, ch. 96 1/2, par. 6301 et seq. , to acquire and hold lands for forest preserve purposes, which includes acquiring lands along or enclosing water courses, drainage ways, lakes, ponds, planned impoundments or elsewhere which, in the judgment of the board; are required to store flood waters or control other drainage and water conditions in the district, or acquiring lands for certain recreational purposes; and, WHEREAS, the President and Board of Commissioners of the Forest Preserve District of DuPage County deem it reasonable, necessary and in the public interest and welfare to acquire certain parcels of real estate in the Village Hinsdale for one or more of the purposes specified in the statute and to provide for the maintenance and development of said parcels in accordance with the provisions of the Intergovernmental Agreement attached hereto as Exhibit A; and, WHEREAS, the Forest Preserve District of DuPage County is authorized to enter into the attached Intergovernmental Agreement under the authority conferred under article VII , section 10 of the Illinois Constitution of 1970 and the Intergovernmental Cooperation Act, Ill . Rev. Stat. 1987, ch. 127, par. 741 et sea E WO015.SLF 1 _ _ NOW, THEREFORE, BE IT ORDAINED by the President and Board of Commissioners of the Forest Preserve District of DuPage County as follows: SECTION 1 . That the President of the Forest Preserve District of DuPage County is hereby authorized to sign on behalf of the District, and the Secretary is hereby authorized to attest thereto, the three originals of the "Intergovernmental Agreement Between the Forest Preserve District of DuPage County, the Village of Hinsdale, and the Village of Oak Brook for the Acquisition of Certain Real Property," a copy of which is attached hereto. SECTION 2. That the attorney and Executive Director are hereby authorized to take the necessary steps to finalize and implement the terms of said Intergovernmental Agreement. SECTION 3. That the Secretary of the Commission is hereby authorized and directed to transmit a copy of this Ordinance to the Secretary, Executive Director, Attorney for the Forest Preserve District of DuPage County, 111 E_ Jefferson, Naperville, Illinois 60566, the Village of Hinsdale, and the Village of Oak Brook. PASSED AND APPROVED by the Board of Commissioners of the Forest Preserve District of DuPage County this 2nd day of May 1989. APP E v Ayes : 19 Presiden Nays : 1 Absent 6 ATTEST: �Icretary EWW0015.SLF 2 i April 25, 1989 INTERGOVERNMENTAL AGREEMENT BETWEEN THE FOREST PRESERVE DISTRICT OF DU PAGE COUNTY, THE VILLAGE OF HINSDALE, AND THE VILLAGE OF OAK BROOK FOR THE ACQUISITION OF CERTAIN REAL PROPERTY THIS INTERGOVERNMENTAL AGREEMENT is made and entered into by and between the FOREST PRESERVE DISTRICT OF DU PAGE COUNTY, a body politic and corporate (hereinafter the "District" -, the VILLAGE OF HINSDALE, an Illinois municipal corporation, and the VILLAGE OF OAK BROOK, an Illinois municipal corporation. W I T N E S S E T H: WHEREAS, the District is authorized, pursuant to Section 5 of "AN ACT to provide for the creation and management of forest preserve districts in counties having a population of less than 3 , 000, 000, " Ill . Rev. Stat. ch. 96-1/2, 1 6308, to acquire and hold lands for forest preserve purposes, which authorization includes, inter alia, the power to acquire lands along or enclosing water courses, drainage, ways, lakes, and ponds that in the judgment of the District are required to store flood waters or control other drainage and water conditions and for the additional purposes, stated therein; and WHEREAS, the Village of Hinsdale and the Village of Oak Brook are authorized, pursuant to Article 11 of the Illinois Municipal Code, Ill . Rev. Stat. ch. 24, § 11-76. 1-1, 11-98-4, to acquire real property for public purposes, including park and recreational purposes; and r - WHEREAS, the District owns certain real property in DuPage County commonly known as the Fullersburg Forest Preserve; and WHEREAS, serious flooding has occurred over the years along Salt Creek, resulting in substantial damage to real and personal property; and WHEREAS, the District, under the authority conferred in the aforementioned Act, has undertaken the development of a comprehensive water and storm water management program to control flood waters and other water conditions in DuPage County; and WHEREAS, the District has determined that it is reasonable, necessary, and desirable to acquire certain real estate adjacent to the Fullersburg Forest Preserve and along Salt Creek for- the purpose of further developing its system of water and storm water management; and WHEREAS, the Village of Hinsdale and the Village of Oak Brook, having determined that it is reasonable, necessary, and in the public ' s interest and welfare for they and the District to acquire the property described herein, desire to acquire said real estate with the District and pay a portion of the acquisition costs; and WHEREAS, the parties are empowered to enter into this Agreement pursuant to Article VII , Section 10 of the Illinois Constitution of 1970 and the Illinois Intergovernmental Cooperation Act, Ill . Rev. Stat. ch. 127, 1 741 et seq. ; NOW, THEREFORE, in consideration of the mutual promises, terms, and conditions set forth herein, and in the interest of -2- r' intergovernmental cooperation, the parties hereto agree as follows: 1 . The recitals set forth above are incorporated herein by reference and made a part hereof. 2 . The District shall acquire fee simple title to gpproximately 13 acres of real estate (the "Subject Property") adjacent to the Fullersburg Forest Preserve. The Subject Property is depicted in Exhibit A attached hereto and legally described in Exhibit B attached hereto. The parties hereby agree that if a more accurate, descriptive, or practicable legal description for the Subject Property is obtained, then such legal description shall be deemed accepted by the parties without further act. Prior to the closing of the transaction for such acquisition, the District shall provide to the Village of Hinsdale and the Village of Oak Brook copies of the contract therefor for the Villages ' review solely for the purposes of determining that it is not inconsistent with the terms of this Agreement. Such review shall be promptly undertaken. Such contract shall provide that the District is acquiring the Subject Property. Such contract shall not restrict the use of the Subject Property in any way contrary to the terms and intent of this Agreement. 3 . The Village of Hinsdale and the Village of Oak Brook each shall pay $210, 000 of the acquisition costs for the Subject Property incurred by the District. Each Village shall reimburse the District within 30 days after the deed for such Subject -3- Property, along with all other documents necessary to fulfill the purposes of this Agreement, are recorded. 4. Within 30 days after closing of the transaction for the acquisition of the Subject Property, the District shall, pursuant to the authority conferred by "AN ACT in relation to the transfer of interests in real estate by units of local government or school districts, " Ill . Rev. Stat. ch. 30, 5 156 et seq. , convey by recordable Warranty Deed an undivided 10 percent interest in the Subject Property to each Village, to hold as tenants in common with the District in the Subject Property. The parties acknowledge that all parties have equal rights to access to and use of the Subject Property. 5 . The parties hereto shall designate a portion of the Subject Property equal to approximately 10 percent of the total area of the Subject Property in a manner substantially the same as illustrated in Exhibit C attached hereto. The parties agree to take all appropriate action to cause such portion of the Subject Property to be disconnected from the Village of Hinsdale and annexed into the Village of Oak Brook. The Villages shall send copies of all disconnection-annexation documents to the District. 6. The Subject Property may be used only as open space to enhance and conserve natural resources, to preserve flora and .faunas and to store flood waters; provided, however, that not more than 20 percent of the Subject Property may be used by residents of the Villages for non-scheduled, non-league, passive recreational or historic purposes . No structures of any kind, -4- including paved parking areas, may be constructed or erected on the Subject Property without the agreement of all the parties hereto. 7. The parties .hereto shall take all necessary and proper actions to acquire and maintain any and all available and appropriate tax exemptions applicable to the ownership and use of the Subject Property. 8. Any discrepancies between the area and boundaries of the Subject Property as depicted in Exhibit A and the legal description for the Subject Property contained in Exhibit B shall be governed by the legal description. 9 . All maintenance or development costs related to the Subject Property shall be paid by the District until such time as the parties may otherwise provide. 10. No party may sell, assign, lease, or transfer any interest in the Subject Property whatsoever without the prior written consent of the other parties hereto. 11. The Subject Property shall be used only for the uses and purposes set forth in this Agreement and for no other uses or purposes. 12 . In the event condemnation proceedings are necessary to acquire any of the Subject Property, the District shall have the option of terminating the acquisition if, in its discretion, the judgment entered in said action is deemed to be excessive. In such case, the District shall be solely responsible for paying all costs and expenses related to said condemnation proceedings. The District shall indemnify, defend, and hold harmless the -S- Village of Hinsdale and the Village of Oak Brook from any and all claims whatsoever related in any way to the dismissal, abandonment, or termination of any such condemnation proceeding. 13 . Upon the District's conveyance of the respective undivided 10 percent interests in the Subject Property to the Village of H ,nsdale and the Village of Oak Brook, the parties shall execute and record a covenant in a form substantially similar to the covenant attached hereto as Exhibit D, incorporating the provisions, terms, and obligations of Paragraphs 10 and 11 of this Agreement, which covenant shall run with the land and shall be binding on, and inure to the benefit of, the parties and their successors and assigns. 14. This Agreement shall be executed in triplicate, and each party shall retain one completely executed copy, each of which is deemed an original . IN WITNESS WHEREOF, the parties hereto have set their hands this 2nd day of May 1989. FOREST PR ERVE DISTRICT OF VILLAGE OF OAK BROOK, an DUPAGE CO TY, a body,; olitic Illinois �icipal r oration and cor .o ate By: By: r� P es en ` Title:_b zll. / Attest: Attest ;�i �. C�� ,� Secret Title: VILLAGE OF HINSDALE, an Illinois municipal corporation i By. Title : : ,PJ �.�'�__ Attest:--. Title: ��j �• .��i'1HV ��` „�._s i; FQFEST /P^.S'•,' GLEfa �`:.�:. •q� it 0 Y = 4 OR O M �► �,� J7 1 �0 408 r-tea /75 , $le t~ •col � c.;aa :'VNES CT. l ilalx ° Al '1 S AW-w N470i'r 7p -� 4 a �l Sao? � j �� ��M 3'> teii0rw'ttil�r► r��; :AP.7/ aj t � D l4.va Pt- 7 � � 4 e ` Pe,2 -1 v << ,* .1.71 re AVE EXHIBIT A YORK T WP. S. E. JA SEC. 36 !_ Jim= +MAY- 'LS 11 '�� FE_T F'?5V Gt_Ett SAY: p , - TILAT PIRT 011• TIM SO= LAST 114 OF SECTION 36, IV41SHIF 39 MOM. RAM= .J . lI, LAST OF.TIM THIRD PRINCIPAL WIDIAN, DESCRIBED As FOLLOWS BEGINNING AT T7[L SOM LAST CORM OF LAND A)(EXICA ASSESSMENT PLAT N0. 2, ACCORDING TO TILT~ PLAT TXERAU RZCDRDED OCTOBER 23, 197G AS DOt.IMW 174.SUs9; TKEN" N0R77LV><STX. u ON THE BOVTHIERLY LINZ OF SAID . ASSESSMENT PLAT 178.23 TZEY"'M AN ANGLZ POINT; ;"HENCE WZSTEUT OH SAID > RLY LINE 221.70 FIST TO AN ANOLZ POINT; TIQNCI YZ3TZB:LY ON 2AID 5OUTr LT LINT 617.22 FZZT. NOR, alt LZSS, T4 THE !RO(TI71 4RST COR)tLlR Ot SAID PLAT N0, I: T1Q2tCE SOVFHLRT,Y ON T}LL CL';rLRLUE OF YOU ROAD 2".31 FEET TO ITS INTERSECTION WITH THE EAST LINE OF LOT i OF Y. 0. 1UTT,1:R'] PLAT; THENCE SOUTH ON SAID EAST LINE 180 FEET TO THL CENTERLINE OF SALT CREEK AND NORTH LINE OF FULLF.RSBURG PAU FOREST PRESERVE N0. S AS ACQUIRED BY DOCUMENT 435941; 77XNCZ SOUTHEASTERLY ON SAID CENTERLINE AND NOR'T'H{ LINE OF FOREST PRESERVE, 630 FEET, MORE OR LESS, TO A POINT b4 FEET MORE OR LESS, NORTWESTERLY FROM THE SOUTH EAST CORNER OF SAID FOREST PRESERVE (SAID POINT ALSO BEING THl MOST NORTHERLY NORTH VEST CORNER OF PROPERTY DESCRIBED IN DOCUMENT R79-71264); THENCE EASTERLY ON SAID CENTERLINE (AS SAID CENTERLINE IS DESCRIBED IN DOCL7EMS R)9-712b4 AND R69-45520, 570 FEET MORE OR LESS, TO THE EAST LINE OF THY WEST 112 OF THE SOUTH EAST 1/4 OF SECLICH 36; THENCE NORTH ON SAID EAST LINE, 415 FEET. MORE OR E.ESS, TO THS POINT OF BEGINNING, IN OUPAGE COUNTY, ILLINOls (EXCEPT THAT PART DESCRIBED AS FOLLOWSz THAT PART OF LOT 2 IN GRAUE'S ASSESSMENT PLAT NO. 1. LOCATED IN THE SOVT71 EAST 1/4 OF SECTION 36. MWNSMIIP 39 NORTH, RANGE 11. EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 11, 1944 AS DOCUMENT 453793. AND DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH VEST CORNER OF � LAND AMERICA ASSESSMENT PLAT H0. 2, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 23, 1974 SOUTHERLY DOCUMENT 974-54459; THENCE EASTERLY ON THE ERLY LINE OF SAID As PEAT 464.49 FEET To AN IRON PIPE AT THE EACH OF A CURB ON THE VEST SIDE OF AN ACCESS ROAD; THENCE SOUTHEASTERLY UPON SAID CURB WHICH IS CURVING TO THE LEFT, A CHORD DISTANCE OF $0.00 FEET TO AN IRON PIPE; THZ14CE SOUI7'tWE5TERLY 84.99 FELT TO AN IRON PIPE; THENCE VASTERLY AND PARALLEL TO THE SOUTH LINE OF SAID PLAT NO. 2. 443.23 FEET TO THE CENTERLINE OF YORK ROAD AT A POINT 100.00 FEET SOUTH OF THE POINT OF BEGINNING; THENCE NORTHERLY ON SAID CE.'I•TERLINE 100.00 FEET TO POII?T OF BEGINNING, IN OUPAGE COUNTY, ILLINOIS) . PARCEL 2: EASEMENT FOR THE BENEFIT OF PARCEL 1 AS CREATED BY AN AGREEMENT MADE by AND BETWEEN DROVERS NATIONAL BANK OF CHICAGO. AS TRUSTEE UNDER TRUST AGREEMENT DATED JANUARY 30, 1962 AND KNOWN AS TRUST NUMSER 62017 AND OTHERS AND CATHERINE J- SOUSM DATED JUNE 7, 1973 AND RECORDED JUNE 11, 1973 AS DOCUMENT R73-33823 FOR INGRESS AND EGRESS OtiER A 60 FOOT VIDE STRIP OF SAND ACROSS PART OF LOT 2 IN GRAUE'S ASSESSMENT PLAT N0. 1 IN THE SOUTH EAST 1/4 OF SECTION 36. TOWNSHIP 39 NORTH; RANGE 11, EAST OF THE THIRD PRINCIPAL KERIDIAN, ACCORDING TO THE PLAT T7t£REOF RECORDED 1�BRUARY I2, 1944 AS DOCUMENT 458793. THE CENTERLINE OF SAID EASEMENT BEING DESCRIBED AS FOLLGVS: BEGINNING AT A POINT ON THE EASTERLY RIGHT OF WAY LINE OF YORx ROAD, THAT Is 34.00 FEET sourAERLY OF THE NORTH LINE: OF LOT 2 CAS MEASURED ON THE RIGHT OF WAY LINE) IN GRAUE'S ASSESSMENT NO. 1; THENCE NORTH 89 DEGREES 58 MINUTES 47 SECONDS EAST, PARALLEL WITH THE NORTH LINE OF SAID LOT 2, A DISTANCE OF 100.69 FEET TO 1 POINT OF CURVAIIIRE; THENCE SOUTHEASTERLY ALONG A CURV7i. HAVING A RADIUS OF 527.07 FEET, CONVEX NOMEASTERLY, A DISTANCE OF 189.92 FEET (ARC) TO A POINT OF TANGENCY; THENCE SOUTH 69 DEGREES 22 MINUTES 30 SECONDS EAST ALONG SAID TANGENT LINE A DISTANCE OF 142,21 FEET TO A POINT; THENCE 40M 10 DECREES 14 MINUTES 11 SECONDS VEST A DISTANCE OF 56.63 FEET, MORE OR LESS, TO THE POINT OF INDING IN DUPAGE Cowry, ILLINOIS PARCEL 3: EASEMENT FOR THE BENEFIT OF PARCEL 1 AS CREATED BY AN AGREEMENT MADE BY AND SUVEEN DROVERS NATinNAL 3.4x Or C::ICAGO. AS --RU Et UNDER TRUST AGREE.'ifNT DATED JANUARY 30, 1962 AND KNOWN AS TRUST NUMBER 62019 AND 071MRS AND CATHERINE J.• SOIISTEK DATED JUNE 7, 1973 AND RECORDED JUNE ; 11. 1973 AS DOCUMENT R73.33323 FOR INGRESS AND ECRESS OVER A 60 FOOT " STRIP OF LAND ACROSS PART OF THE EAST 1/2 OF T14L SOUTH EAST 1/4 OF SECTION 36. TwNsnip 39 NORTH. RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, THE CENTERLINE OF SAID EASEMENT BEING DESCRIBED AS FOLLOWS: CCht1ENCING AT THE NORT71 EAST CORIIER OF LOT 1 IN GRAUE'S ASSESSMENT PLAT N0. 1; THENCE SOUTH 00 DEGREES 01 MINUTE 00 SECOND$ LEST ALOhC THE EAST :I:'E of SAID LOT 2, BEING ALSO THE VEST LINE of THE EAST 1/2 OF THE SOUTH EAST 1/4 OF SEC-.ION 36 AFORLSAID, A DISTANCE OF 747.16 FEET FOR TAE POINT OF BEGINNING; T%ZNCE NORTHEASTERLY ALONG A CURVE VHOSE RADIUS IS 165.00 FEET, CGN,T X SOVrHEAS-i RLY AND VHOS£ 62 OEG:�EES I3 n1NtTT<s CHORD BEARING Is NORTH " 17 SECCNDS EAST. A DISTANCE OF 4.63 FEET (ARC) TO A POINT OF TANGENCY; ALONG SAID TANGElIT LINE 80.00 EETITOEAaPolMrTSOFICUURVATL'REgET}EMiCEE ? ALONG A CURVE HAVING A RADIUS OF 300.00-FEET, CONVEX NORT WESTERLY. A DISTANCE OF 91.30 FEE- (ARC) TO A POINT OF TANGENCY; T}MNCE Noon 40 DEGREES 00 MINUTES 00 SECONDS EAST ALONG SAID TANGENT Lih'E A DISTANCE OF 7d E ET MORE OR LESS, TO THE EAST EDGE OF SALT CREEK. STING Ta POINT OF TERMINATION, IN DUFAGE COLM7. ILLIMiO1S LEGAL DESCRIPTION -- EXHIBIT 8 3 a 40J., C /4 fT t Indian Trail ..Mr..\.w.x.rr....�x.a..M.w....a..x Y-MN.MMIwx..•.r..\M.x.w\rM-�.x\..xMx..W.r-.w Y... +w.xa\.N\\.Y.u.Y.\\.\n.............. .Y� x.\w.xYx.YW\x.a:•Y.Y1Y......\t.\....... \ti..\x. EXHIBIT C S A M P L E April 25, 1989 DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION, made as of this day of by the FOREST PRESERVE DISTRICT OF DU PAGE COUNTY, a body politic and corporate, the VILLAGE OF HINSDALE, an Illinois municipal corporation, and the VILLAGE OF OAK BROOK, an Illinois municipal corporation ( singularly the "Party" or collectively the "Parties" ) . W I T N E S S E T H: WHEREAS, the Parties are the owners as tenants in common of certain property located in DuPage County, Illinois described in Exhibit A attached hereto and, by this reference, made a part hereof (the "Property" ) ; and WHEREAS, the Parties entered into that certain Intergovernmental Agreement dated 'Mar 1989 (the "Agree- ment" ) concerning the purchase of the Property; and WHEREAS, the Parties have determined that it is reasonable, necessary, and in the public ' s interest and welfare to use the Property in such a manner so as to further develop the Parties' system of water and storm water management, and; WHEREAS, the Agreement provides that (i) the Property is to be used solely as open space except a portion thereof which may be used for historic or recreational purposes, (ii) no structure of any kind may be erected on the Property without the agreement of all of the Parties and ( iii ) no Party may sell, assign, lease, or transfer any interest in the Property without the consent of the other Parties; and SAMPLE E.'MIBIT 0 SAMPLE WHEREAS, the Parties hereby declare their intention to so restrict the use and transferability of the Property. NOW, THEREFORE, in consideration of the premises, mutual covenants and agreements herein set forth, the Parties do hereby declare that the Property shall be subject to the following restrictions and covenants : 1. The recitals set forth above are incorporated herein by reference and made a part hereof. 2 . The Property shall be used only as open space; provided, however, that not more than 20 percent of the Property may be used by residents of the Villages for non-scheduled, non-league, passive or historic recreational purposes. No structure of any kind or type, including paved parking areas, may be constructed or erected on the Property without the agreement of all of the Parties. 3 . No Party may sell, assign, lease, transfer, or otherwise convey any interest in the Property without the prior written consent of the other Parties . a. Any Party shall have the right to enforce, by any proceeding at law or in eczuity, any and all covenants or restric- tions now or he_-ea'ter imposed by the provisions of this Declara- tion. The failure, if any, to enforce any provision contained herein shall not operate or be construed as a waiver of any subsequent breach of such provision or any other provision. 5 . The covenants and restrictions contained herein are expressly intended to run with the land and shall be binding upon -2- SAMPLE SAMPLE and inure to the Parties, their successors, assigns, and legal representatives. 6 . If any of the covenants or restrictions contained herein shall be declared to be unlawful, void, or voidable for violation of the rule against perpetuities or restraints on alienation, then such provision shall continue only until 21 years after the death of the survivor of the now living descendents of the Presi- dent of the United States, George Bush, and the Governor of Illinois, James Thompson. 7 . This Declaration shall be construed and enforced pursu- ant to the laws of the State of Illinois. IN WITNESS WHEREOF, the Parties have set their hands this day of 1989 . FOREST PRESERVE DISTRICT OF DU PAGE COUNT`_', a body poli tic and coraorate By: — President Attest: Secretary VILLAGE OFINSDALE, an Illinois municipal corporation By: Attest: i -3- SAMPLE S A M P LE VILLAGE OF OAK BROOK, an Illinois municipal corporation By: Attest: SAMPLE