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R-1067 - 03/09/2010 - EASEMENT -VACATION - Resolutions - � , PG� pF Oqk89 v � o � O � � � � � � � G �`� � , p A �� � � 9�F Cp��yT�t,�\. AGENDA ITEM Regular Board of Trustees Meeting of March 9, 2010 SUBJEC'I': Approval of Plat of Vacation of Utility Easement 3616 Frederick Drive FROM: Philip Laures, E.I., Civil Engineer I ���`, BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move that the Village Board approve the Plat of Vacation of Utility Easement. Back�round/History: The owner of this property discovered upon obtaining a recent survey that an easement from the subdivision prior to the existing plat had not been vacated. This old easement ran directly through the buildable area of the lot, and restricted future development. The easement was found to not have any current use by utilities or the Village. Recommendation: I recommend that the Village Board approve the Plat. Last saved by administrator J:\Letters�Agendal3616FrederickEasement.doc Last printed 3/l/2010 8:55 AM • � ��@ E o F ��,e9 � � > o 0 0 ' x o '' � G � ��� � ;i O ti � qC�.- �..���V �ou�rv �'��1��� �� April 8, 2010 ���� �`��� 1200 Oak Brook Road Oak Brook,1L 60523-2255 i�1'ebsite ov��e.oak-brook.org Mr. C12T'y MOT'1 3616 Frederick Drive �a,�e��srrar;o� Oak Brook, IL 60523 630.368.5000 FAX 630.368.5045 � �� � � � Re: Recorded Document on March 26, 2010 � �i=� -- � � - --�= �; ;' co�,����,r.� � ;! � y�,� �; �eV���p�e�� Resolution 2010-EASE-V-EX 1-R-1067 ; �� ��� _ 8 ��� 63o.36x.s�oi R2010-039729 ��' �=�x�3o.3�R.siza 3616 Frederick Drive �.____ Oak Brook, IL 60523 � '� ''� � `� "`` �'`` � �,��'�►e�e►�� _.. _. � �ep�b�a�e�� 63�.��g.s�30 � Dear Mr. Mori: f�hX 630.36�.5128 �,,i�,e�e���-t�e�t A copy of the above noted recorded document is enclosed for your information. �3o.36s.s2oo � This is an important recard and should be retained in a secure area within your FAX 630.368.5251 flles. �`","e��pa��`�'e°g If �ou need an further assistance in this matter, feel free to contact me at 630- 630.368.8700 � y �ax 63o.3�s.s�39 368-5036 on Monday through Friday from 9am to Spm. ��vi"�'ora�� Sincerely I9ep�rtn�ent ' /` � 630.368.5270 �. � � // I�P.Y 630.368.5295 � , /e�(�' �—C% ��� . ���. � �����"�o� K�th nachen ��b�;c�.��rar� Administrative Clerk 50�i Oak Birook Road E,'ak�:rook,iL 60523-2200 �kV � 6�0.368.7700 ��x 630.368.7704 Enclosure :;z��rook S op� rts(<�gC• cc: Michael Hullihan, Director of Public Works/Engineering ����,��re�►�;s���b Robert L. Kallien, Jr,, Director of Community Development 70�?Oak Brook Road OffiCial Flles Oak Erook,IL 60523-4600 � 63�.36g.642� /itECDOG2010-RECLTR-RES2010-EASE-V-FXI-R-1067-3616FREDERICKDRIVE FA1 630.368.6439 �019`C►ub 26�6 Yark Road Uak Brook.IL 60523-4602 630.368.6400 FAX 630.368.6414 ii � � �� � � � � � i� � � I � � i � � ��► � I � �RED BUCHOLZ DUPAGE COUNTY FtECORDER MAR.26,2010 9:00 AM 005 PAGES R2010 5 039729 (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, IL 60523-2255 RECORDED DOCUMENT TITLE PAGE Title of Document: A RESOLUTION APPROVING A VACATION OF EASEMENT PLAT FOR UTILITIES Property Address/es 3616 Frederick Drive Oak Brook Illinois 60523 If vacant land, so state and list nearest cross streets) PIN No(s). 06-35-401-018 Name and Address of Applicant: Mr. Garv Mori 3616 Frederick Drive Oak Brook Illinois 60523 Name and Address of Responsible: Mr. Gar�r Mori 3616 Frederick Drive Oak Brook Illinois 60523 Party to Receive Copy of Recorded Document and Billing G/L Account to be charged: 10-1365 Prepared By and Return to: � Village of Oak Brook � 1200 Oak Brook Road ; Oak Brook, Illinois 60523-2255 Name &Address of Recipient N/A of Consideration (when applicable): G/L Account to be charged: RESOLUTION 2010 - EASE- V -EX1 -R -1067 A RESOLUTION APPROVING A VACATION OF EASEMENT PLAT FOR UTILITIES (3616 Frederick Drive, Oak Brook, Illinois, P.I.N. # 06- 35-401 -018) WHEREAS, the lot located at 3616 Frederick Drive, Oak Brook, Illinois, was re- platted and an existing utility easement was not vacated at that time; and WHEREAS, the easement runs through the buildable area of the lot; and WHEREAS, the easement contains no utilities; and WHEREAS, the Village President and Board of Trustees have determined that the Plat of Vacation should be approved and executed. 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: Section 1: That the Plat of Vacation of Utilities Easement, prepared by Edward J. Malloy & Associates on February 12, 2010, be and is hereby approved, and that the Village President and Village Clerk shall be authorized to execute such Grant of Easement Plat on behalf of the Village of Oak Brook. Section 2: That this resolution shall be in full force and effect from and after its passage and approval as provided by law. APPROVED THIS 9th day of March, 2010. ( 4 * Jollii 4. Craig Idge President PASSED THIS 9th day of March, 2010. Ayes: Trustees Aktipis, Moy, Saiyed, Wolin and Zannis Nays: None Absent: Trustee Carson Vol 11 l Charlotte K. Pruss Village Clerk PLAT OF VACATION OF UTILITY EASEMENT EXHIBIT , X , LOT 2 WAGNER'S WOODS ear. an -Dena /i \� LOT 5 !TODD PP eD'L M—�1 D A ' / N 13.69 ; . (/� 10 Fr. UUM EASEMENT \/ ( PM DOC. R71 -65232 t" = 60' 230.88 11.09 >e. P.O.B. 245.03 L, W., i UNSUBDMDED � � � . I ell ( I $g II a� If art. DaDOe en .vD � � d K Q jit -- - --+ —� — ggp v" INDICATES PORTION OF FASEMENf ® HEREErf VACATED & RELEASED I WENDED Ig ea it L� 1 wa I Df DRARM BY. WE PREPARED W. PAGE: -1 OF 3 EDWARD J. MOLLOY & ASSOCIATES, LTD. ORDER NO.: 2010- 0030(EXHIBIT) LAND & CONSFRLMON SUNEYORS FILE: 35 -39 -11 „= e„m saw.,, .nDSDDlD Luw s emus tee -amo s-cm PROJECT NO.: 1969 EXHIBIT PORTION OF EASEMENT TO BE RELEASED AND VACATED: ALL THAT PART OF THE 10 FOOT WIDE EASEMENT FOR PUBLIC UTILITIES PER DOCUMENT R71 -65232 THAT FALLS WITHIN LOT 4 IN WENDEL WOODS RESUBDMSION. A RESUBDIVISION OF LOT 3 IN WAGNER'S WOODS, BEING A SUBDIVISION OF PART OF THE SOUTHEAST 1/4 OF SECTION 35, TOWNSHIP 39 NORTH, RANGE 11, AM LOT 4 (DXCEPT THE SOUTH 186 FEET AS MEASURED ON THE WEST LINE AND ON THE EAST LINE OF THE WEST 264.5 FEET OF SAID LOT 4) N WENDEL WOODS, BIB A SUBDIVISION OF PART OF THE EAST 1/2 OF THE SOUIHFJST 1/4 OF SECTION 35, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN. ACCORDING TO THE PLAT OF SAID RESUBDMSION RECORDED JUNE 4, 1976 AS DOCUMENT 876-34909. IN DUPAGE COUNTY, ILINOIS, SAID PART OF THE 10 FOOT WIDE EASEMENT FALLING WITHIN SAID LOT 4 BEING FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY SOUTHWEST CORNER OF SAID LOT 4, BEING ALSO A PONE ON THE SOUTH LINE OF WAGNEWS WOODS. A SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 20, 1971 AS DOCUMENT R71- 65232; THENCE NORTHEASTERLY RANG THE NOITT WESTERLY LINE OF SAID LOT 4, A DISTANCE OF 13.69 FEET TO AN INTERSECTION WITH A LINE 10.00 FEET, AS MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAD WAGNER'S WOODS; THENCE EASTERLY ALONG SAID LAST DESCRIBED PARALLEL LINE, A DISTANCE OF 230.88 FEET TO AN INTERSECTION WITH THE NORTHEASTERLY LINE OF SAID LOT 4; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID LOT 4, A STANCE OF 11.09 FEET TO THE SOUTH LINE OF SAID WACNEW'S WOODS; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID WAGNER'S WOODS, A DISTANCE OF 245.03 FEET TO THE POINT OF BEGINNING, IN DUPAGE COUNTY, ILLINOIS. FAN: 06 -35 -401 -018 ORWTEO BY: BJE PBEPMED BN. PAGE: 2 OF 3 IEDWARD J. MOLLOY & ASSOCIATES. LTD. ORDER NO.: 2010- 0030(EXHi81T) LAND & OONS RUMM SURVEYORS FILE: 35 -39 -11 ,2„ „W » 9DODIWAY. LUM& MW � � PROJECT NO.: 1969 E -WL• r� EXHIBIT OWNER'S CERTIFICATE: STATE OF ILLINOIS ) COUNTY OF OUPAGE )SS THIS IS TO CERTIFY THAT THE UNDERSIGNED ARE THE OWNER'S OF THE LAND DESCRIBED IN THE ANNEXED PLAT, AND HAS CAUSED THE SAME TO BE SURVEYED AS INDICATED THEREON, FOR THE USES AND PURPOSES THEREIN SET FORTH, AND DOES HEREBY ACKNOWLEDGE AND ADOPT THE SAME UNDER THE STYLE AND TITLE THEREON INDICATED. l DATED THIS _( U rnDAY OF ��7Z1 /1`I' 2010. NOTARY CERTIFICATE: STATE OF ILLINOIS ) COUNTY OF DUPAGE )SS L-L)U1 IVRRc SA NOTARY PUBLIC IN AND FOR SAID CQUNIY. IN THE STATE AFORESAID, DO HEREBY CERTIFY THAT — S_d1Jt�� I� M Ole_j_—_ AND ARE PERSONALLY KNOWN TO ME TO BE THE SAME PERSON WHOSE NAMES ARE SUBSCRIBED TO THE AFORESAID INSTRUMENT AS SUCH OWNER, APPEARED BEFORE ME THIS DATE IN PERSON AND ACKNOWLEDGED THAT HE SIGNED THE ANNEXED PUT AS HIS OWN FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES THEREIN SET FORTH. GIVEN UNDER MY 14AND AND NOTARIAL SEA. THIS /071' DAY OF Z-1 ' ' &1�:4 A.D. 2010, AT 61WN01S. NOTARY PUBLIC OFFICIAL SEAL LW ISE I TORRES NOTARY PUBLIC -STATE OF ILLINOIS MY COMMISSION EXOIRES:07I0&1I DRAFTED BY: BJE PAGE: 3 OF 3 ORDER NO.: 2010-0030 FILE: 35 -39 -11 PROJECT NO.: 1969 BOARD OF TRUSTEES CERTIFICATE: STATE OF ILLINOIS ) COUNTY OF DUPAGE )SS APPROVED AND ACCEPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK AOOK, DUPAGE COUNTY, ILLINOIS. AT MEETING HELD THIS DAY OF BY. VILLAGE COUNTY RECORDER CERTIFICATE: STATE OF ILUNOIS ) COUNTY OF DUPAGE )SS THIS INSTRUMENT NO. WAS FILED FOR RECORD IN THE RECORDER'S OFFICE OF DUPAGE COUNTY, ILLINOIS, ON THE DAY OF A.D. 2010, AT O'CLOCK AND WAS RECORDED IN BOOK _ OF PLATS ON PAGE _. BY:_ — RECORDER OF DEEDS DUPAGE COUNTY SURVEYOR'S CERTIFICATE: STATE OF ILLINOIS ) COUNTY OF DUPAGE )SS THIS IS TO CERTIFY THAT I, JOHN M. MOLLOY. REGISTERED LAND SURVEYOR NO. 3432, HAVE SURVEYED THE ABOVE DESCRIBED PROPERTY AS SHOWN ON THIS PUT OF VACATION, WHICH IS A CORRECT REPRESENTATION OF SAID SURVEY. All DISTANCES ARE SHOWN IN FEET AND DECIMALS THEREOF. 1 FURTHER CERTIFY THAT ALL REGULATIONS ENACTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK RELATIVE TO PLATS OF VACATION HAVE BEEN COMPLIED WITH IN THE PREPARATION OF THIS PLAT. I FURTHER CERTIFY THAT THE PROPERTY, WHICH INCLUDES THE AFORESAID DESCRIBED EASEMENT, LIES WITHIN THE CORPORATE LIMITS OF SAID VILLAGE OF OAK BROOK OR WITHIN ONE -HALF MILE OF THE CORPORATE LIMITS OF SAID VILLAGE WHICH HAS ADOPTED A VILLAGE COMPREHENSIVE PLAN AND MAP AND IS EXERCISING THE SPECIAL POWERS AUTHORIZED BY DIVISION 12 OF ARTICLE 11 OF THE ILLINOIS MUNICIPAL CODE, AS NOW OR HEREAFTER AMENDED. GIVEN UNDER MY HAND AND SEAL AT BENSENVILLE. ILLINOIS, THIS 12TH DAY OF FEBRUARY, A.D. 2010 VALID ONLY WITH EMBOSSED SEAL dY LICENSE _ LAND SURVEYOR NO. 3432 NOVEMBER 30, 2010 AND IS RENEWABLE