R-1429 - 01/13/2015 - IGA - Resolutions Exhibits 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 ,
gj
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 www.dupageforest.org
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DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION, made as of this _jQJ:U_ 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
I
Illinois municipal corporation (singularly the "Party" or
collectively the "Parties" ) .
W I T N E S- S E T H:
0 r'&A/.-I A e
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 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, p6ssive 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:
1. The recitals set forth above are incorporated herein by
reference and made apart hereof.
2 . The Property shall be used only gar 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 mind, 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 Parties.
E
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.
5. 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
day of 1991 .
FOREST PRESERVE DISTRICT OF
DUgredent UNTY, a body politic
anrate .
By
ATTEST.
Secreta
Page 3 of 4
VILLAGE OF HINSDALE, an
Illinois municipal corporation
By-C)-1 4h 61 lv" r/N 6.e0ss
ATTEST: l a
Vige Press ent
Village Clerk —�
VILLAGE OF OAK BROOK, an
Illinois municipal corporation
h By: �II�GU� l7• �T'�
ATTEST �.,(TJ�"
Village President , dj0j
Villdge Clerk
1
Page 4 of 4
1 { .
THAT PART OF LOT 3 IN GRAUE'S ASSESSMENT PLAT ND, 2, LOCATED IN THE SOUTHEAST 1/4
OF SECTION 36, TOWNSHIP 39 NORTH, RANGE 11, FAST 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 G RAVE'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
(�ommonl knoian' as vacant land East of the intersection of Spring Road and York
Road, Hinsdale, IL)
PREPARED BY:
Paul M. Mitchell
111 E. Jefferson, Box 359
Naperville, IL 60566-0359
3
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