R-1429 - 01/13/2015 - IGA - Resolutions Supporting Documents ITEM 6.17.4)
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AGENDAITEM
Regular Board of Trustees Meeting
of
January 13,2015
SUBJECT: Exercise of Restrictive Covenant Pertaining to Parcel 06 36 405 002 in the Vicinity
of Graue Mill
FROM: Mike Hullihan P.E.,Village Engineer
BUDGET SOURCE/BUDGET IMPACT: None
RECOMMENDED MOTION: I move that the Village Board approve the Resolution
R-1429 pertaining to exercise of rights granted by
resttictive covenant pertaining to parcel 06 36 405 002.
Background/History: In 1991 the Village of Oak Brook, the Village of Hinsdale, and the
Forest Preserve District of Du Page County (FPDDC) entered into an agreement concerning the
purchase of property east of York Road in the vicinity of Graue Mill (see attached). Part of this
agreement was the imposition of restrictive covenants on the property in favor of the Village.
The agreement calls for permission of the Village prior to the FPDDC constructing any facilities
on the property. The FPDDC is planning on improving the Ben Fuller historic home on the
property, The improvements will include installation of new utilities. This project will require
that the Village give permission for the improvements.
Discussion: The attached resolution authorizes the Village Manager to exercise rights granted the
Village per the restrictive covenant to include granting permission for construction of the
improvements. The Village Staff will review proposed improvements to insure they comply with
the technical requirements and intent of the restrictive covenants.
Recommendation:
I recommend that the Board approves the attached resolution authorizing the Village Manager to
exercise rights granted by restrictive covenant pertaining to parcel 06 36 405 002.
RESOLUTION 2015-BFH-IGA-R-1429
A RESOLUTION CONSENTING TO CERTAIN IMPROVEMENTS AT THE BEN FULLER HOUSE
WHEREAS, the Village of Oak Brook ("Village's, the Village of Hinsdale ("Hinsdale' , and the
Forest Preserve District of DuPage County ("District's (the Village, Hinsdale, and the District are
collectively, "Parties'l entered into an intergovernmental agreement dated July 30, 1991
("Agreement's, 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'l; 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'j; 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]
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.
Ayes:
Nays:
Absent:
ATTEST:
Charlotte K. Pruss
Village Clerk
Resolution 2015-BFH-IGA-R-1429
Consenting to Improvements at
the Ben Fuller House
Page 3 of 3
EXHIBIT A
Letter