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R-1429 - 01/13/2015 - IGA - Resolutions RESOLUTION 2015-BFH-IGA-R-1429 A RESOLUTION CONSENTING TO CERTAIN IMPROVEMENTS AT THE BEN FULLER HOUSE WHEREAS, the Village of Oak Brook ("Village"), the Village of Hinsdale ("Hinsdale"), and the Forest Preserve District of DuPage County ("District'l (the Village, Hinsdale, and the District are collectively, "Parties") entered into an intergovernmental agreement dated July 30, 1991 ("Agreement"), pursuant to which, the Parties agreed to own, as tenants in common, the property in the vicinity of Graue Mill, on which the Ben Fuller House is located ("Property"); and WHEREAS, pursuant to the Agreement, the Parties entered into a July 30, 1991 Declaration of Restrictive Covenant, which provides, among other things, that no structures of any kind, including paved parking areas, may be constructed or erected on the Property without the Agreement of all of the Parties ("Covenant"); and WHEREAS, the District desires to make improvements to the Ben Fuller House which will require the new utility connections to be routed along the south edge of the existing parking lot, as more fully specified in the letter from the District to the Village attached hereto as Exhibit A ("Improvements"); and WHEREAS, in accordance with the Covenant, the District has requested that the Village consent to the Improvements; and WHEREAS, the President and Board of Trustees, being fully advised in the premises, have determined that it is in the best interests of the Village and its residents to consent to the Improvements; 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: 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: Consent to the Improvements. The President and Board of Trustees hereby consent to the Improvements. Section 3: Authorization and Execution of Documentation. The Village Manager and Village Clerk are hereby authorized and directed to execute such documents as are necessary to consent to the Improvements. Section 4: Effective Date. This resolution shall be in full force and effect immediately upon its passage and approval in the manner provided by law. [SIGNATURE PAGE FOLLOWS] i i Resolution 2015-BFH-IGA-R-1429 Consenting to Improvements at the Ben Fuller House Page 2 of 3 APPROVED THIS 13th day of January, 2015 Gopal G. Lalmalani Village President PASSED THIS 13th day of January, 2015. Trustees Adler, Baar, Manzo, Moy, Wolin, Yusuf Ayes: Nays: None Absent: None ATTEST Charlotte K. Pruss Village Clerk t t 1 I Resolution 2015-BFH-IGA-R-1429 Consenting to Improvements at the Ben Fuller House Page 3 of 3 EXHIBIT A Letter Forest Preserve District of DuPage County 35580 Naperville Road Wheaton,IL 60189-8761 630.933.7200 Fax 630.933.7204 TTY 800.526.0857 July 24,2014 Mr.Michael Hullihan Public Works/Engineering Director 1200 Oak Brook Road Oak Brook, IL 60523 RE: Ben Fuller House Project No.Z-120-001 Dear Mr. Hullihan: The Forest Preserve District of DuPage County is currently working on design plans for improvements to the Ben Fuller House located at 3803 S. York Road,Oak Brook,IL. The design plans will call for new utility connections to the house that will be routed along the south edge of the existing parking lot. This alignment will impact parcel #0636405003 to the south of the house and parking lot that is jointly owned by the Village of Oak Brook, the Village of Hinsdale and the Forest Preserve District of DuPage County. There is a Restrictive Covenant (R91- 134930) over that parcel that states that no structures shall be built on the property without the permission of all parties. I am formally requesting permission from the Village of Oak Brook for the construction of utilities serving the Ben Fuller House on this parcel. Please respond in writing if you grant permission for the Forest Preserve District to construct these improvements. Sincere , Andrea Hoyt Director of Planning cc: Mary Ellen Weller,Manager of Landscape Architecture Jessica Ortega, Landscape Architect Supervisor 1412020JAO Mailing Address: P.O.Box 5000 • Wheaton,IL 60189-8761 • wwwdupageforest.org p I d DECLARATION OF RESTRICTIVE COVENANTS� THIS DECLARATION, made as of this day of -1991, 'by the FOREST PRESERVE DISTRICT OF DUPAGE 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 SS E T H: WHEREAS, the Parties are,,the owners as tenants in common of certain property located in OuPage County, Illinois, described in Exhibit A attached hereto and, by*this reference, made a part hereof (the "Property"); and -1- WHEREAS, the Parties entered into that certain Intergovernmental Agr6ement dated 1991, (the "Agreement" ) 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 the Property is to be used solely for natural resource conservation, water and storm water management, paissive recreation.' and the education of the Page 1 of 4 public including the development of historic facilities related thereto and that no Party may sell, assign, lease, or otherwise transfer any interest in the Property without the prior written consent of the other Parties; and 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: l .. The recitals set forth above are incorporated herein by reference and made a part hereof. 2 . The Property shall be used only for natural resource conservation, water and storm water management, passive recreation, and the education of the public including the development of historic facilities related thereto. No structures of any kind, including paved parking areas, may be constructed or erected on the Property without the agreement of all the Parties. 3. No Party may sell, assign, lease, or otherwise transfer any interest in the Property without the prior written consent of the other Pa'rti'es. 4. Any Party shall have the right to enforce, by any proceeding at law or in equity, any and all covenants or restrictions now or hereafter imposed by the provisions of this Declaration. The failure, if any, to enforce any provision Page 2 of 4 contained herein shall not operate or be construed as a waiver of any subsequent breach of such provision or any other provisions. 5. The covenants and restrictions contained herein are expressly intended to run with the land and shall be binding upon and inure to the Parties and 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 President of the United States, George Bush, and the Governor of Illinois, James Edgar. 7. This Declaration shall be construed and enforced pursuant to the laws of the State of Illinois_ IN WITNESS WHEREOF, the Parties have set their hands this 3� day of 1991. FOREST PRESERVE DISTRICT OF DUPAGE LINTY, a body politic and orp rate. By re dent ATTEST• f' Secreta / Page 3 of 4 VILLAGE OF HINSDALE, an Illinois municipal corporation B y: GJ,G, 4ArN Pass Vil age Pr t s en ATTEST: Village Clerk VILLAGE OF OAK BROOK, an Illinois municipal corporation By: Village President ATTEST,'(94� Vil ge Clerk Page 4 of 4 ' THAT PART OF LOT 3 IN GRAUE'S ASSESSMENT PLAT NO. 2, LOCATED IN THE SOUTHEAST 1/4 OF SECTION 36, TOWNSHIP 35 NORTH. RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN. ACCORDING TO THE PLAT THEREOF RECORDED MARCH 19, 1947 AS DOCUMENT 517568 AND DESCRIBED AS ,BEGINNING AT THE NORTH EAST CORNER OF LOT 4 IN SAID GRA UE'S PLAT; THENCE NORTH ON THE EXTENSION NORTH OF THE EAST LINE OF SAID LOT 4, 175 FEET, TO THE NORTH LINE OF SAID LOT 3; THENCE WEST ON NORTH LINE OF SAID LOT 3 TO THE EAST RIGHT OF WAY LINE OF YORK ROAD AS RECORDED BY DOCUMENT 163041; THENCE SOUTH ON SAID EAST RIGHT OF WAY, '176.6 FEET TO THE NORTHWEST CORNER OF SAID LOT 4; THENCE EAST ON THE NORTH LINE OF SAID LOT 4, 425.06 FEET TO THE POINT OF BEGINNING, IN DUPAGE COUNTY, ILLINOIS. PERMANENT PARCEL NO. 06 36 405 002 (iuommonik:known' as vacant land East of the intersection of Spring Road and York Road, Hinsdale, IL) PREPARED BY: Paul M. Mitchell 111 E. 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