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R-927 - 10/11/2005 - SUBDIVISION - Resolutions Supporting DocumentsI 5 c2D SCALE 1' - 30' LEGEND ❑ = 3/4" REBAR (36" LONG) SET IN 4" DIA. CONCRETE o = 3/4" REBAR (30" LONG) NOTE: MONUMENTS WILL BE PLACED AFTER FINAL GRADING NOTE: LOT 1 SHALL HAVE NO VEHICULAR ACCESS TO MEYERS ROAD. BROW D D URVEYING P..l....ONA L LAND GuavmnD saavmu own- E.D.M. A ARINUMATE6, INC. (R) 5� Y R 50.00' (R) =fE MONUMENT 0 DANA PARK SUBDIVISION BEING A RESUBDIVISION OF PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS. I I I I I I I I I I I I I I I I I I 1 i I .I I I ! q1q1 iE I !I I I I i II i I I i I $ i i 1 Irt \Tj' KAV I I I - - -- 589°2838' W --- - -- - -- pElt I I I i I 1 1 I A 1 I I I I V I I I I I (► � � I I I I I Ii I� 8 8 r I}— P L -- LOT AREA = 1.00 ACRE EASSIMT I L� F soar I �RR OOC ao ( -uma ^� a snmIs uxE •r. _ _ 504.58' - -- -- ------ -- -- -- --- -- h / I , al: rc LOT 2 AREA = 1.00 ACRE PLAT 82006- 024939 FEB.08.2006 3:32 PM S 01'51'54' E 3.00 IN N 89°28'38" E 20.53' -- ---- --- ---- -- -- --- - - -- --r -r -__ / / I / / I / / I / / I / / I / / I / / / /\ A / \- . .0' \ /' / - - - - E EEm I � WNGEVDa2arawr .I'. LOT 4 / . AREA = 0.54 ACRE v /rye• 40 ��I R nar unlmaRE6Ir CARA PetDMor E ROAD LANE 281.91' S 89°28'14' W m LOT 3 I AREA= 1.01 ACRES 1 1 I I i I 1 � / h __ IlRCUnurcGasr� 1 I 1 P9i OOC. R78- 116577 I_ -- -- - --- — — — — -- - - -1 ------ 5Q3.7S I 6 \ \\ Ines MmNlSi Dl18 al,lg 1 •: ;,i �I L13J TION• duDID: CIl61f �� \\ \ \ ',`1 ` \ \ 1 MICHEL O. IENNALADD P.L.01. 3760 EXP. 11/304006 REDRDE N. RROLAWE P.L01 95010 K"' 11/3O/3DO6 01TADr L. RTEWART P. L.01. 341 5 EXP. 1 V3O/3006 PROFERSIONAL DE011ON FIRM NO. 1014.0030160 E.D.M. 6 A36CCIATE6. INC. ♦Ca R. GALENA PL.. U. 1. AYPOPA. ILLINOIG fC%C* PNGnE Uo-oG -uDG "AxuuGau44 Survey Is valid only if ori"seal is shown In red. I I I I I I � I I I� I I I I I I I I I I I I I I I I I I I r----- -- - - - - - -- I II ` 1 I P.I.N. #06 -33- 103 -007 (3111 MEYERS ROAD) P.I.N. #06-33 -103 -008 (3115 MEYERS ROAD) P.I.N. #06 -33- 103-033 (3113 MEYERS ROAD) OAK 13RDOK, =_L 6-45523 PRErAREDt$IABMi-TTEDf3y RETtAFLO Tot V;LLA&E OF OAK BRooK l°i LLA&E OF OAK BROCK le' cc cow, BezoK ROAD I ELOO OAK BAooK P.OAI5 OAK BaooK,ZL. 6OU3 GAK f3fiooJ4,TL. &--5d.3 REFE R To i 9ESOLuT1oW 26o5- SD- FP-V- R-9-17 MONUMENT p'sc RDED 06a. Rzzo(o-oe2 "38 -CONCRIM 2 i$ - 16.56' N 89°19'470 E -E --- Oat I/] 2 (9 Page 1 of 2 2005 -1529 LOT 3 I AREA= 1.01 ACRES 1 1 I I i I 1 � / h __ IlRCUnurcGasr� 1 I 1 P9i OOC. R78- 116577 I_ -- -- - --- — — — — -- - - -1 ------ 5Q3.7S I 6 \ \\ Ines MmNlSi Dl18 al,lg 1 •: ;,i �I L13J TION• duDID: CIl61f �� \\ \ \ ',`1 ` \ \ 1 MICHEL O. IENNALADD P.L.01. 3760 EXP. 11/304006 REDRDE N. RROLAWE P.L01 95010 K"' 11/3O/3DO6 01TADr L. RTEWART P. L.01. 341 5 EXP. 1 V3O/3006 PROFERSIONAL DE011ON FIRM NO. 1014.0030160 E.D.M. 6 A36CCIATE6. INC. ♦Ca R. GALENA PL.. U. 1. AYPOPA. ILLINOIG fC%C* PNGnE Uo-oG -uDG "AxuuGau44 Survey Is valid only if ori"seal is shown In red. I I I I I I � I I I� I I I I I I I I I I I I I I I I I I I r----- -- - - - - - -- I II ` 1 I P.I.N. #06 -33- 103 -007 (3111 MEYERS ROAD) P.I.N. #06-33 -103 -008 (3115 MEYERS ROAD) P.I.N. #06 -33- 103-033 (3113 MEYERS ROAD) OAK 13RDOK, =_L 6-45523 PRErAREDt$IABMi-TTEDf3y RETtAFLO Tot V;LLA&E OF OAK BRooK l°i LLA&E OF OAK BROCK le' cc cow, BezoK ROAD I ELOO OAK BAooK P.OAI5 OAK BaooK,ZL. 6OU3 GAK f3fiooJ4,TL. &--5d.3 REFE R To i 9ESOLuT1oW 26o5- SD- FP-V- R-9-17 MONUMENT p'sc RDED 06a. Rzzo(o-oe2 "38 -CONCRIM 2 i$ - 16.56' N 89°19'470 E -E --- Oat I/] 2 (9 Page 1 of 2 2005 -1529 16.56' N 89°19'470 E -E --- Oat I/] 2 (9 Page 1 of 2 2005 -1529 SURVEYOR'S CERTIFICATE STATE OF ILLINOIS ) )SS COUNTY OF DUPAGE ) This is to certify that I,George H. Skulavik, Registered Illinois Land Surveyor No. 2580, have surveyed and subdivided the following described property: LOTS 1, 2, AND 3 IN MUELLER'S COUNTRY CLUB SUBDIVISION, A SUBDIVISION OF PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 11, 1968 AS DOCUMENT NO. R68 -23921 IN DU PAGE COUNTY, ILLINOIS AND ALSO THE SOUTH 297 FEET OF THE NORTH 594 FEET OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPTING THEREFROM THE WEST 553.68 FEET AND THE EAST 733.32 FEET) AND (EXCEPTING ALSO THE EAST 16 AND A HALF FEET OF THE SOUTH 297 FEET OF THE NORTH 594 FEET OF THE EAST HALF OF THE NORTH WEST QUARTER OF SECTION 33, TOWNSHIP 39 NORTH, RANGE 11, EXCEPT THE WEST 553.68 FEE r AND EXCEPT THE EAST 733.32 FEET), IN DU PAGE COUNTY, ILLINOIS, as shown by the annexed plat, which is a correct representation of said survey and subdivision. All distances are shown in feet and decimals thereof. I further certify that all regulations enacted by the President and Board of Trustees of the Village of Oak Brook relative to plats and subdivisions have been complied with in preparation of this plat I further certify that the lard is within the Village of Oak Brook (or within 11h miles of the corporate limits of the Village of Oak Brook) which has adopted a Village Comprehensive Plan and Map and is exercising the powers authorized by Division 12 of Article it of the Illinois Municipal Code as amended. I further certify that a part of the lands shown on this plat are located within a special Flood hazard area as identified by the Federal Emergency Manage!�ent Agency. Given under my hand and seal at Aur20Ri{ , Illinois, this /Sri day of NCO^bah , 20DS. K^^4C DRAINAGE CERTIFICATE STATE OF ILLINOIS ) )SS COUNTY OF DUPAGE ) To the best of our knowledge and belief, the drainage of surface waters will not be changed by the contraction of such subdivision or any part thereof, or, that If such surface water drainage will be changed, reasonable provision has been made for collection and diversion of such surface waters into public areas, or drains which the subdivider has a right to use, and that such surface waters will be planned for in accordance with generally accepted engineering practices so as to reduce the likelihood of damage to the adjoining property because of the construction of the subdivision. A Dated this I ay of Deoenr er- o.S. JTun-Gxana elTn MA4AAI0E06 44600AW', Engineer �� OwreroMElERRy pAGA (.L:� y.. PLAN COMMISSION CERTIFICATE =;o rLST ABLI$yF7J i,C ', STATE OF ILLINOIS ) —a —'- )SS COUNTY OF DUPAGE Approved by the Plan Commission of the \Aft � 200F7, °000° °nnnu.w Chairman SANITARY DISTRICT CERTIFICATE STATE OF ILLINOIS ) )SS i COUNTY OF DUPAGE Illinois, this I % day of 5EF'lE7nPS�1�- IY P,^N' r�fr e ' I -- Secremry, of the fcs�r ^ Servilely District, certify that there are no delinquent or unpaid current or forfeited special assessments or that have been confirmed against the tract of land included in the pllaat6 Dated atDV � �Af Ili this 6 day of �'_A W'_20 %4 tR Ro W ❑D URVEYING PRGfC®YIGNAL 4NG IURV EYING GERVIGCC 0.0.M. 3 ASSOCIATEY, INC 4 DANA PARK SUBDIVISION OWNER'S CERTIFICATE STATE OF ILLINOIS ) )SS COUNTY OF DUPAGE ) This is to certify that the undersigned is the owner of the land described in the annexed plat, and has caused the same to be surveyed and subdivided, 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. The undersigned hereby dedicates for public use the lands shown on this plat for thoroughfares, streets, alleys and public services; and hereby also reserves for and grants easements for public use and for the installation of various public utilities as designated and /or as stated in the utility easement provisions which are stated hereon. All easements indicated as public utility easements on this plat are reserved for and granted to the Village of Oak Brook and to those public and private utility companies operating within the Village including, but not limited to, Ameritech, Commonwealth Edison Company, Northern Illinois Gas Company, Hinsdale Sanitary District, and their successors and assigns for the perpetual right, privilege and authority to Install, construct, reconstruct, inspect, replace, alter, enlarge, remove, repair, clean, operate and maintain various utility, transmission, distribution, collection and drainage systems together with any and all necessary buffalo boxes, connections, hydrants, manholes, catch basins, pipes, sanitary or storm sewers, swales, water mains, cables, wires, conduits, transformers, pedestals, and without limitabon such other appurtenances or devices as may be deemed necessary by said Village or utility company upon, along, under and through said indicated easements, together with fight of access across the property for necessary workers and equipment to do any of the above work and the right is also granted to cut down, trim or remove any trees, shrubs or other plants on the easement that interfere with the operation of sewers or other utilities. No permanent buildings or structures shall be placed on said easements, except as referenced above, but same may be used for gardens, shrubs, landscaping and other purposes that do not then or later interfere with the aforesaid uses or rights. Whenever the Village or affected utility company determines that any tree, shrubs, vegetation, or other structures or objects (herein collectively known as "obstruction ") on said easements interfere with the aforesaid uses or rights, the Village or utility company has the right, but not the obligation, to remove the obstruction at the property owners expense. The Village or affected utility Company will apply grass seed where the obstruction has been removed, but is not required to replace or repair any obstruction. All installations are subject to the ordinances of the Village of Oak Brook MAo"Al*socorfew, WA &06** 1," Address I1 LO N ORe NSF /«v4t.t1�'S6 60163 Dated this J4 day of kc, . 204C NOTARY CERTIFICATE STATE OF ILLINOIS )SS COUNTY IlOF DUPAGE ) I ni a Notary Public in and for said County, in the state aforesaid, do hereby certify that FlIMOLIL personally known to me to be the same persons whose names are subscribed to the aforesaid instrument as such owners, appeared before me this day in person and acknowledged that they signed the annexed plat as their own free and voluntary act for the uses and purposes therein set forth. Given under my hand and Notarial Seal this Av day of "bit, 20%f 'OFFICIAL SEAL" 1 KATRI A. PA OF 1� NOTARY PUBLIC STATE TE OF ILLINOIS �. MY COMMISSI(W EXPIRES 511507 VRIAGE CLERKS CERTIFICATE STATE OF ILLINOIS ) )SS COUNTY OF DUPAGE / ) I, YI rA �.(;:Vnr312Qct Village Clerk of the Village of Oak Brook, Illinois, hereby certify that the annexed plat was presented to and by resolution duty approved by the Village Board of said Village at its meeting held on OG'f0 (3E(L- 11 , 20a� and that the required bond or other guarantee has been posted for the completion of the improvements required by the regulations of said Village. In ithess whereof I have hereto set my hand and the seal of the Village of Oak Brook, Illinois, this 177day of 20� Village Clerk VILLAGE ENGINEERS CERTIFICATE STATE OF ILLINOIS ) )SS COUNTY OF DUPAGE ) I, DACE L. D(IiLFEYlage Engineer of the Village of Oak Brook, Illinois, hereby certify that the land improvements described in the annexed plat and the plans and specifications therefor meet the minimum requirements of said Village and have been approved by all public authorities having jurisdiction thereof. Date x t ak Bq ok, Runty Ili , this /If day of )AN(/AIZY , 200(o. Village Engineer (r 1. „'E: :T; . 10 a4' SCHOOL DISTRICT CERTIFICATE STATE OF ILLINOIS ) )SS COUNTY OF DUPAGE ) This is to certify that I, `ANW< P. AYIpC , as owner of the property described as the AAIKe M" Subdivision and legally described on this plat of the same name, have determined, to the best of my knowledge, the school districts in which each of the following lots lies: Scholl Districts Lot Numbers I - 4 Elementary District #58 High School District #99 Dated this 140 day of 20-K %0 0 AiNlfi 0","C4, Alc,1 64N00 �•� ILW /19A101097bP4 A,(, MWIti ", XG i®ti3 Address NOTARY CERTIFICATE STATE OF ILLINOIS ) )SS COUNTY OF DUPAGE ) I, i a Notary Public in and for said County, in the state aforesaid, do hereby certify that Filtilli -M personally known to me to be the same persons whose names are subscribed to the aforesaid instrument as such owners, appeared before me this day in person and acknowledged that they signed the annexed plat as their own free and voluntary act for the uses and purposes therein set forth. Given udder my hand and Notarial Seal this W day of 63.16, 201 to Public - uFFIcIAL SEAL ry KATHIA YAOKLEY +� NOTARY PUBLIC STATE OF IWNOIS 1, ae MY COMMISS01 EXPIRES 51507 'c 1 CERTIFICATE AS TO SPECIAL ASSESSMENTS STATE OF ILLINOIS ) )SS COUNTY OF DUPAGE ) I, 0,K+ eA1 L-& Ir !V/O 1,1y . Village Treasurer of the Village of Oak Brook do hereby certify that there are no delinquent or unpaid curfKnt or forfeited special assessments or any deferred installments thereof that have been apportioned against the tract of land included in the plat Dat9q at Oak Brook, DuPage County, Illinois, this _L0_ day of 54 W>"v ,, 2,Q_0 Treasurer COUNTY CLERK CERTIFICATE STATE OF ILLINOIS ) COUNTY OF DUPAGE�j, 1� /17.,rA., I, n Cot4y -Clerk of DuPage County, Illinois, do hereby certify that there are no delinquent general taxes, no unpaid f, elted t and no redeemable tax sales a r any of the land cl Aed in tt� ed plat, Given Wder my tt r nd seat' JiWhea�w, DuPage County, Illinois, this "flay of TOE 20 COUNTY RECORDER'S CERTIFICATE STATE OF ILLINOIS )SS COUNTY OF DUPAGE ) This irystrument was filed for record in the Recorders ice of DuPage County, Illinois, on the day d gazer )A . 20,A, at _3L 3-Q- Q dckxk t' m., and was recorded In Book h3 A of Plats on Page V/A � ` Recorder of Deeds d MICHEL C. EN5ALAGO P.L.S. 2768 EXP. 11/302006 GEORGE H. SKULAVIK P.L.e 2580 Exp. 1 1/30 /2006 STACY L. STEWART P.L.S. 341 5 EXP. 1 1/30/2006 PROFESSIONAL DESIGN FIRM NO. 184- 002850 E.O.M. 6 ASSOCIATES, INC. 402 W. GALENA alvo ewTe ' oV tIRGMA. IL".... 6oS0e a.ONE eao-e9al i0R rAx eaG -esa aa« Survey is valid only if original seal is shown in red. Zorr2� PLAT R2006- 024939 FEB.08.2006 3 :32 PM CERTIFICATE OF COUNTY ENGINEER STATE OF ILLINOIS ) )SS COUNTY OF DUPAGE ) This plat has been approved by the DuPage County Division of Transportation with respect to roadway access to County Highway No. 25, Meyers Road pursuant to 765 ILCS 205 /2; however, a highway permit for access is required of the owner of the property prior to construction within the County Right -of -way. Dated tthlWnW—bday of /&�>CCcl, fi s�t r. 20pp05, ^ County Engineer DRAINAGE AND FLOOD PLAIN EASEMENT PROVISION A non - exclusive perpetual easement is hereby reserved for and granted to the Village of Oak Brook and it's successors and assigns within the area on the plat marked "Drainage and Flood Plain Easement ". Said easement shall be for drainage and storm water runoff and for temporarily storing excess storm water runoff and Flood waters. The owners, successors and assigns of Lots 1 - 4 shall grant to the Village such access as necessary across Lots 1 - 4 for inspecting the drainage and Flood plain easement area. Placement of any material (hereinafter called "obstruction ") within this easement area is prohibited unless specifically permitted by the Village. If placement of any material is accomplished without Village approval, the owner of the property encompassing the easement area shall remove such obstruction within ten (10) days after written notice from the Village. If such owner fails to remove such obstruction upon ten (10) days notice, the Village shall have the right to undertake such removal and, upon completion, to be reimbursed for all out -of- pocket costs and expenses incurred in connection with such removal within thirty (30) days from the date of such costs or expenses. Failure of any such owner to make reimbursement shall authorize the Village to place liens against property of the affected owner for its costs incurred therein and to enforce said liens through any appropriate and available legal proceedings either at law or in equity. Page 2 of 2 WZ - 1.1ril ICHR FRANKPAULHOMES I 5 c2D SCALE 1' - 30' LEGEND ❑ = 3/4" REBAR (36" LONG) SET IN 4" DIA. CONCRETE o = 3/4" REBAR (30" LONG) NOTE: MONUMENTS WILL BE PLACED AFTER FINAL GRADING NOTE: LOT 1 SHALL HAVE NO VEHICULAR ACCESS TO MEYERS ROAD. BROW D D URVEYING P..l....ONA L LAND GuavmnD saavmu own- E.D.M. A ARINUMATE6, INC. (R) 5� Y R 50.00' (R) =fE MONUMENT 0 DANA PARK SUBDIVISION BEING A RESUBDIVISION OF PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS. I I I I I I I I I I I I I I I I I I 1 i I .I I I ! q1q1 iE I !I I I I i II i I I i I $ i i 1 Irt \Tj' KAV I I I - - -- 589°2838' W --- - -- - -- pElt I I I i I 1 1 I A 1 I I I I V I I I I I (► � � I I I I I Ii I� 8 8 r I}— P L -- LOT AREA = 1.00 ACRE EASSIMT I L� F soar I �RR OOC ao ( -uma ^� a snmIs uxE •r. _ _ 504.58' - -- -- ------ -- -- -- --- -- h / I , al: rc LOT 2 AREA = 1.00 ACRE PLAT 82006- 024939 FEB.08.2006 3:32 PM S 01'51'54' E 3.00 IN N 89°28'38" E 20.53' -- ---- --- ---- -- -- --- - - -- --r -r -__ / / I / / I / / I / / I / / I / / I / / / /\ A / \- . .0' \ /' / - - - - E EEm I � WNGEVDa2arawr .I'. LOT 4 / . AREA = 0.54 ACRE v /rye• 40 ��I R nar unlmaRE6Ir CARA PetDMor E ROAD LANE 281.91' S 89°28'14' W m LOT 3 I AREA= 1.01 ACRES 1 1 I I i I 1 � / h __ IlRCUnurcGasr� 1 I 1 P9i OOC. R78- 116577 I_ -- -- - --- — — — — -- - - -1 ------ 5Q3.7S I 6 \ \\ Ines MmNlSi Dl18 al,lg 1 •: ;,i �I L13J TION• duDID: CIl61f �� \\ \ \ ',`1 ` \ \ 1 MICHEL O. IENNALADD P.L.01. 3760 EXP. 11/304006 REDRDE N. RROLAWE P.L01 95010 K"' 11/3O/3DO6 01TADr L. RTEWART P. L.01. 341 5 EXP. 1 V3O/3006 PROFERSIONAL DE011ON FIRM NO. 1014.0030160 E.D.M. 6 A36CCIATE6. INC. ♦Ca R. GALENA PL.. U. 1. AYPOPA. ILLINOIG fC%C* PNGnE Uo-oG -uDG "AxuuGau44 Survey Is valid only if ori"seal is shown In red. I I I I I I � I I I� I I I I I I I I I I I I I I I I I I I r----- -- - - - - - -- I II ` 1 I P.I.N. #06 -33- 103 -007 (3111 MEYERS ROAD) P.I.N. #06-33 -103 -008 (3115 MEYERS ROAD) P.I.N. #06 -33- 103-033 (3113 MEYERS ROAD) OAK 13RDOK, =_L 6-45523 PRErAREDt$IABMi-TTEDf3y RETtAFLO Tot V;LLA&E OF OAK BRooK l°i LLA&E OF OAK BROCK le' cc cow, BezoK ROAD I ELOO OAK BAooK P.OAI5 OAK BaooK,ZL. 6OU3 GAK f3fiooJ4,TL. &--5d.3 REFE R To i 9ESOLuT1oW 26o5- SD- FP-V- R-9-17 MONUMENT p'sc RDED 06a. Rzzo(o-oe2 "38 -CONCRIM 2 i$ - 16.56' N 89°19'470 E -E --- Oat I/] 2 (9 Page 1 of 2 2005 -1529 LOT 3 I AREA= 1.01 ACRES 1 1 I I i I 1 � / h __ IlRCUnurcGasr� 1 I 1 P9i OOC. R78- 116577 I_ -- -- - --- — — — — -- - - -1 ------ 5Q3.7S I 6 \ \\ Ines MmNlSi Dl18 al,lg 1 •: ;,i �I L13J TION• duDID: CIl61f �� \\ \ \ ',`1 ` \ \ 1 MICHEL O. IENNALADD P.L.01. 3760 EXP. 11/304006 REDRDE N. RROLAWE P.L01 95010 K"' 11/3O/3DO6 01TADr L. RTEWART P. L.01. 341 5 EXP. 1 V3O/3006 PROFERSIONAL DE011ON FIRM NO. 1014.0030160 E.D.M. 6 A36CCIATE6. INC. ♦Ca R. GALENA PL.. U. 1. AYPOPA. ILLINOIG fC%C* PNGnE Uo-oG -uDG "AxuuGau44 Survey Is valid only if ori"seal is shown In red. I I I I I I � I I I� I I I I I I I I I I I I I I I I I I I r----- -- - - - - - -- I II ` 1 I P.I.N. #06 -33- 103 -007 (3111 MEYERS ROAD) P.I.N. #06-33 -103 -008 (3115 MEYERS ROAD) P.I.N. #06 -33- 103-033 (3113 MEYERS ROAD) OAK 13RDOK, =_L 6-45523 PRErAREDt$IABMi-TTEDf3y RETtAFLO Tot V;LLA&E OF OAK BRooK l°i LLA&E OF OAK BROCK le' cc cow, BezoK ROAD I ELOO OAK BAooK P.OAI5 OAK BaooK,ZL. 6OU3 GAK f3fiooJ4,TL. &--5d.3 REFE R To i 9ESOLuT1oW 26o5- SD- FP-V- R-9-17 MONUMENT p'sc RDED 06a. Rzzo(o-oe2 "38 -CONCRIM 2 i$ - 16.56' N 89°19'470 E -E --- Oat I/] 2 (9 Page 1 of 2 2005 -1529 16.56' N 89°19'470 E -E --- Oat I/] 2 (9 Page 1 of 2 2005 -1529 SURVEYOR'S CERTIFICATE STATE OF ILLINOIS ) )SS COUNTY OF DUPAGE ) This is to certify that I,George H. Skulavik, Registered Illinois Land Surveyor No. 2580, have surveyed and subdivided the following described property: LOTS 1, 2, AND 3 IN MUELLER'S COUNTRY CLUB SUBDIVISION, A SUBDIVISION OF PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 11, 1968 AS DOCUMENT NO. R68 -23921 IN DU PAGE COUNTY, ILLINOIS AND ALSO THE SOUTH 297 FEET OF THE NORTH 594 FEET OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPTING THEREFROM THE WEST 553.68 FEET AND THE EAST 733.32 FEET) AND (EXCEPTING ALSO THE EAST 16 AND A HALF FEET OF THE SOUTH 297 FEET OF THE NORTH 594 FEET OF THE EAST HALF OF THE NORTH WEST QUARTER OF SECTION 33, TOWNSHIP 39 NORTH, RANGE 11, EXCEPT THE WEST 553.68 FEE r AND EXCEPT THE EAST 733.32 FEET), IN DU PAGE COUNTY, ILLINOIS, as shown by the annexed plat, which is a correct representation of said survey and subdivision. All distances are shown in feet and decimals thereof. I further certify that all regulations enacted by the President and Board of Trustees of the Village of Oak Brook relative to plats and subdivisions have been complied with in preparation of this plat I further certify that the lard is within the Village of Oak Brook (or within 11h miles of the corporate limits of the Village of Oak Brook) which has adopted a Village Comprehensive Plan and Map and is exercising the powers authorized by Division 12 of Article it of the Illinois Municipal Code as amended. I further certify that a part of the lands shown on this plat are located within a special Flood hazard area as identified by the Federal Emergency Manage!�ent Agency. Given under my hand and seal at Aur20Ri{ , Illinois, this /Sri day of NCO^bah , 20DS. K^^4C DRAINAGE CERTIFICATE STATE OF ILLINOIS ) )SS COUNTY OF DUPAGE ) To the best of our knowledge and belief, the drainage of surface waters will not be changed by the contraction of such subdivision or any part thereof, or, that If such surface water drainage will be changed, reasonable provision has been made for collection and diversion of such surface waters into public areas, or drains which the subdivider has a right to use, and that such surface waters will be planned for in accordance with generally accepted engineering practices so as to reduce the likelihood of damage to the adjoining property because of the construction of the subdivision. A Dated this I ay of Deoenr er- o.S. JTun-Gxana elTn MA4AAI0E06 44600AW', Engineer �� OwreroMElERRy pAGA (.L:� y.. PLAN COMMISSION CERTIFICATE =;o rLST ABLI$yF7J i,C ', STATE OF ILLINOIS ) —a —'- )SS COUNTY OF DUPAGE Approved by the Plan Commission of the \Aft � 200F7, °000° °nnnu.w Chairman SANITARY DISTRICT CERTIFICATE STATE OF ILLINOIS ) )SS i COUNTY OF DUPAGE Illinois, this I % day of 5EF'lE7nPS�1�- IY P,^N' r�fr e ' I -- Secremry, of the fcs�r ^ Servilely District, certify that there are no delinquent or unpaid current or forfeited special assessments or that have been confirmed against the tract of land included in the pllaat6 Dated atDV � �Af Ili this 6 day of �'_A W'_20 %4 tR Ro W ❑D URVEYING PRGfC®YIGNAL 4NG IURV EYING GERVIGCC 0.0.M. 3 ASSOCIATEY, INC 4 DANA PARK SUBDIVISION OWNER'S CERTIFICATE STATE OF ILLINOIS ) )SS COUNTY OF DUPAGE ) This is to certify that the undersigned is the owner of the land described in the annexed plat, and has caused the same to be surveyed and subdivided, 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. The undersigned hereby dedicates for public use the lands shown on this plat for thoroughfares, streets, alleys and public services; and hereby also reserves for and grants easements for public use and for the installation of various public utilities as designated and /or as stated in the utility easement provisions which are stated hereon. All easements indicated as public utility easements on this plat are reserved for and granted to the Village of Oak Brook and to those public and private utility companies operating within the Village including, but not limited to, Ameritech, Commonwealth Edison Company, Northern Illinois Gas Company, Hinsdale Sanitary District, and their successors and assigns for the perpetual right, privilege and authority to Install, construct, reconstruct, inspect, replace, alter, enlarge, remove, repair, clean, operate and maintain various utility, transmission, distribution, collection and drainage systems together with any and all necessary buffalo boxes, connections, hydrants, manholes, catch basins, pipes, sanitary or storm sewers, swales, water mains, cables, wires, conduits, transformers, pedestals, and without limitabon such other appurtenances or devices as may be deemed necessary by said Village or utility company upon, along, under and through said indicated easements, together with fight of access across the property for necessary workers and equipment to do any of the above work and the right is also granted to cut down, trim or remove any trees, shrubs or other plants on the easement that interfere with the operation of sewers or other utilities. No permanent buildings or structures shall be placed on said easements, except as referenced above, but same may be used for gardens, shrubs, landscaping and other purposes that do not then or later interfere with the aforesaid uses or rights. Whenever the Village or affected utility company determines that any tree, shrubs, vegetation, or other structures or objects (herein collectively known as "obstruction ") on said easements interfere with the aforesaid uses or rights, the Village or utility company has the right, but not the obligation, to remove the obstruction at the property owners expense. The Village or affected utility Company will apply grass seed where the obstruction has been removed, but is not required to replace or repair any obstruction. All installations are subject to the ordinances of the Village of Oak Brook MAo"Al*socorfew, WA &06** 1," Address I1 LO N ORe NSF /«v4t.t1�'S6 60163 Dated this J4 day of kc, . 204C NOTARY CERTIFICATE STATE OF ILLINOIS )SS COUNTY IlOF DUPAGE ) I ni a Notary Public in and for said County, in the state aforesaid, do hereby certify that FlIMOLIL personally known to me to be the same persons whose names are subscribed to the aforesaid instrument as such owners, appeared before me this day in person and acknowledged that they signed the annexed plat as their own free and voluntary act for the uses and purposes therein set forth. Given under my hand and Notarial Seal this Av day of "bit, 20%f 'OFFICIAL SEAL" 1 KATRI A. PA OF 1� NOTARY PUBLIC STATE TE OF ILLINOIS �. MY COMMISSI(W EXPIRES 511507 VRIAGE CLERKS CERTIFICATE STATE OF ILLINOIS ) )SS COUNTY OF DUPAGE / ) I, YI rA �.(;:Vnr312Qct Village Clerk of the Village of Oak Brook, Illinois, hereby certify that the annexed plat was presented to and by resolution duty approved by the Village Board of said Village at its meeting held on OG'f0 (3E(L- 11 , 20a� and that the required bond or other guarantee has been posted for the completion of the improvements required by the regulations of said Village. In ithess whereof I have hereto set my hand and the seal of the Village of Oak Brook, Illinois, this 177day of 20� Village Clerk VILLAGE ENGINEERS CERTIFICATE STATE OF ILLINOIS ) )SS COUNTY OF DUPAGE ) I, DACE L. D(IiLFEYlage Engineer of the Village of Oak Brook, Illinois, hereby certify that the land improvements described in the annexed plat and the plans and specifications therefor meet the minimum requirements of said Village and have been approved by all public authorities having jurisdiction thereof. Date x t ak Bq ok, Runty Ili , this /If day of )AN(/AIZY , 200(o. Village Engineer (r 1. „'E: :T; . 10 a4' SCHOOL DISTRICT CERTIFICATE STATE OF ILLINOIS ) )SS COUNTY OF DUPAGE ) This is to certify that I, `ANW< P. AYIpC , as owner of the property described as the AAIKe M" Subdivision and legally described on this plat of the same name, have determined, to the best of my knowledge, the school districts in which each of the following lots lies: Scholl Districts Lot Numbers I - 4 Elementary District #58 High School District #99 Dated this 140 day of 20-K %0 0 AiNlfi 0","C4, Alc,1 64N00 �•� ILW /19A101097bP4 A,(, MWIti ", XG i®ti3 Address NOTARY CERTIFICATE STATE OF ILLINOIS ) )SS COUNTY OF DUPAGE ) I, i a Notary Public in and for said County, in the state aforesaid, do hereby certify that Filtilli -M personally known to me to be the same persons whose names are subscribed to the aforesaid instrument as such owners, appeared before me this day in person and acknowledged that they signed the annexed plat as their own free and voluntary act for the uses and purposes therein set forth. Given udder my hand and Notarial Seal this W day of 63.16, 201 to Public - uFFIcIAL SEAL ry KATHIA YAOKLEY +� NOTARY PUBLIC STATE OF IWNOIS 1, ae MY COMMISS01 EXPIRES 51507 'c 1 CERTIFICATE AS TO SPECIAL ASSESSMENTS STATE OF ILLINOIS ) )SS COUNTY OF DUPAGE ) I, 0,K+ eA1 L-& Ir !V/O 1,1y . Village Treasurer of the Village of Oak Brook do hereby certify that there are no delinquent or unpaid curfKnt or forfeited special assessments or any deferred installments thereof that have been apportioned against the tract of land included in the plat Dat9q at Oak Brook, DuPage County, Illinois, this _L0_ day of 54 W>"v ,, 2,Q_0 Treasurer COUNTY CLERK CERTIFICATE STATE OF ILLINOIS ) COUNTY OF DUPAGE�j, 1� /17.,rA., I, n Cot4y -Clerk of DuPage County, Illinois, do hereby certify that there are no delinquent general taxes, no unpaid f, elted t and no redeemable tax sales a r any of the land cl Aed in tt� ed plat, Given Wder my tt r nd seat' JiWhea�w, DuPage County, Illinois, this "flay of TOE 20 COUNTY RECORDER'S CERTIFICATE STATE OF ILLINOIS )SS COUNTY OF DUPAGE ) This irystrument was filed for record in the Recorders ice of DuPage County, Illinois, on the day d gazer )A . 20,A, at _3L 3-Q- Q dckxk t' m., and was recorded In Book h3 A of Plats on Page V/A � ` Recorder of Deeds d MICHEL C. EN5ALAGO P.L.S. 2768 EXP. 11/302006 GEORGE H. SKULAVIK P.L.e 2580 Exp. 1 1/30 /2006 STACY L. STEWART P.L.S. 341 5 EXP. 1 1/30/2006 PROFESSIONAL DESIGN FIRM NO. 184- 002850 E.O.M. 6 ASSOCIATES, INC. 402 W. GALENA alvo ewTe ' oV tIRGMA. IL".... 6oS0e a.ONE eao-e9al i0R rAx eaG -esa aa« Survey is valid only if original seal is shown in red. Zorr2� PLAT R2006- 024939 FEB.08.2006 3 :32 PM CERTIFICATE OF COUNTY ENGINEER STATE OF ILLINOIS ) )SS COUNTY OF DUPAGE ) This plat has been approved by the DuPage County Division of Transportation with respect to roadway access to County Highway No. 25, Meyers Road pursuant to 765 ILCS 205 /2; however, a highway permit for access is required of the owner of the property prior to construction within the County Right -of -way. Dated tthlWnW—bday of /&�>CCcl, fi s�t r. 20pp05, ^ County Engineer DRAINAGE AND FLOOD PLAIN EASEMENT PROVISION A non - exclusive perpetual easement is hereby reserved for and granted to the Village of Oak Brook and it's successors and assigns within the area on the plat marked "Drainage and Flood Plain Easement ". Said easement shall be for drainage and storm water runoff and for temporarily storing excess storm water runoff and Flood waters. The owners, successors and assigns of Lots 1 - 4 shall grant to the Village such access as necessary across Lots 1 - 4 for inspecting the drainage and Flood plain easement area. Placement of any material (hereinafter called "obstruction ") within this easement area is prohibited unless specifically permitted by the Village. If placement of any material is accomplished without Village approval, the owner of the property encompassing the easement area shall remove such obstruction within ten (10) days after written notice from the Village. If such owner fails to remove such obstruction upon ten (10) days notice, the Village shall have the right to undertake such removal and, upon completion, to be reimbursed for all out -of- pocket costs and expenses incurred in connection with such removal within thirty (30) days from the date of such costs or expenses. Failure of any such owner to make reimbursement shall authorize the Village to place liens against property of the affected owner for its costs incurred therein and to enforce said liens through any appropriate and available legal proceedings either at law or in equity. Page 2 of 2 WZ - 1.1ril ICHR FRANKPAULHOMES 0 Motion by Trustee Craig, seconded by Trustee Kennedy, to approve the Consent Agenda and authorize expenditures as amended. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford andYusuf. Nays: 0 - None Absent: 0 - None. Motion carried. A. Accounts Payable for Period Ending October 7, 2005 - $296,858.33 Significant Items included in Above: 1) Civiltech Engineering — Payout #16 & Final — York Road /Harger Road Bike /Pedestrian Path Phase III - $16,430.51 2) Dolphin Construction Co. — Payout #1 — Municipal Complex & Public Works Tuck pointing - $6,781.25 3) Kubiesa, Spiroff, Gosselar & Acker, P.C, - Legal Services - $23,040.00 B. Approval of Payroll for Pay Period Ending September 24, 2005 - $565,900.57 .............. D. Authorization to Seek Bids or Proposals or Negotiate Contracts: 1) Calcium Chloride Tank Replacement E. Budget Adjustments 1) Fire Department — Equipment Replacement F. Illinois State Toll Highway Authority (ISTHA) — Meyers Rd. Plaza 52 - Waiver of Water Connection Fees , Permit and Review Fees ............................. ............................... G. Approval of Request for Release of Funds — Oak Brook Hotel, Convention and Visitors Committee — 20% of the 2005 Third Quarter Hotel Tax Receipts to the DuPage Convention & Visitors Bureau in the Amount of $20,288.35. 7. ITEMS REMOVED FROM CONSENT AGENDA — None. 8. BOARD & COMMISSION RECOMMENDATIONS: A) DANA PARK SUB 3111, 3113 & 3115 MEYERS ROAD — FOUR LOT SUBDIVISION — FINAL PLAT OF SUBDIVISION AND VARIATION TO SUBDIVISION REGULATIONS At its meetings on September 19, 2005, the Plan Commission completed its review and deliberation on the application from Mr. Frank Drukas, the owner of 3.54 acres at 3111, 3113 and 3115 Meyers Road seeking approval of a four -lot final plat of subdivision to be known as the Dana Park Subdivision. This project was originally part of Villas of Oak Brook Subdivision, which was a joint proposal between Mr. Drukas and Mr. Vito Falco (2901 Oak Brook Road) to develop eight -lots. Based on information provided by the applicant for the Dana Park Subdivision, the joint Villas of Oak Brook project will not proceed as planned. This request now encompasses the three parcels that now have access directly to Meyers Road. This subdivision will result in the creation of four -lots; three to VILLAGE OF OAK BROOK Minutes Page 3 of 10 October 11, 2005 (:8.A) accommodate new homes and one which will be improved with a new private street. The proposed layout for the Dana Park Subdivision is substantially similar to the layout that was approved in the Villas of Oak Brook Subdivision. The applicant is also seeking approval of a variance to Section 14 -6 -3 of the Subdivision Regulations for a private street (Cara Lane) without sidewalks Recommendation: The Plan Commission by a vote of 5 to 0 recommended approval of the request from Frank Drukas, the owner of the properties at 3111, 3113 and 3115 Meyers Road for a four -lot final plat of subdivision and variation to the Subdivision Regulations as proposed. In making this recommendation, the Commission wishes it to be recognized that the subject property has substantial flood plain resulting in a significant portion of the property with dedicated basins and compensatory storage areas, and states further: 1. The proposed land subdivision creates four lots that are in substantial ,conformance to the approved preliminary plat for the Villas of Oak Brook; 2. The proposed building envelopes stormwater management areas are in substantial conformance with the approved preliminary plat; 3. The proposed lots conform to the underlying zoning district of R -2; 4. The proposed subdivision satisfies all requirements for a final plat of subdivision as contained in the Village of Oak Brook Subdivision Regulations; 5. The design of the proposed subdivision is in keeping with the surrounding neighborhood and does not negatively impact any adjacent property; 6. Subject to the approval of the Earth Tech review of the landscape plans with the detention basins and compensatory storage areas. 7. Subject to addressing the conditions contained in Village Engineer Durfey's memorandum dated September 13, 2005; 8. Approval of the requested variations as follows: waiver of requirement for sidewalks, allow the private street, Cara Lane and allow the reduction of the right of way width from 66 feet to 45 feet as requested; and The Plan Commission does not object to the requested easement from the Village for the purpose of stormwater management and floodplain compensatory as proposed by the applicant for the sum of $15,000 and will comply with Village requirements for Stormwater. Motion by Trustee Kennedy, seconded by Trustee Yusuf, to concur with the Plan Commission recommendation to approve the final plat of subdivision and requested variations to the subdivision regulations for the Dana Park Subdivision located at 3111, 3113 and 3115 Meyers Road and adopt Resolution 2005— SD- FP -V -R -927 A VILLAGE OF OAK BROOK Minutes Page 4 of 10 October 11, 2005 8. A) Resolution Approving The Final Plat Known as Dana Park Subdivision and Granting a Waiver and a Variation From The Provisions of Section 14 -6 -3 of Title 14 ( "Subdivision Regulations ") of The Village Code of the Village of Oak Brook Relative to Private Streets and Sidewalks. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 -None. Absent: 0 - None. Motion carried. B) REFERRAL — TEARDOWN /CONSTRUCTION MANAGEMENT — PROPOSED AMENDMENTS TO THE BUILDING CODE At the June 20, 2005 meeting, the Plan Commission had a brief discussion on the issue of residential teardowns which are increasing in number as the number of vacant lots decreases. Staff was asked to develop draft language which would help Oak Brook better handle problems that arise with residential teardowns that occur in established residential areas. In order to better understand how other communities handle the teardown issue, staff reviewed ordinances from Hinsdale, Downers Grove, Elmhurst and Naperville. Accordingly, information was gathered and presented to the Plan Commission at their September 19, 2005 meeting. Prior to completing discussion on the issue, the Plan Commission requested that the proposed language developed by Staff be forwarded to the Village Attorney so that it could be put in ordinance format and then sent back to the Plan Commission for additional review. Trustee Kennedy acknowledged that commercial and residential properties may be at the point where teardowns and redevelopment become a reality. He added that communities around us are facing these issues and have ordinances to direct that action. He commented that the Village of Oak Brook does not have a tear down ordinance, but that the Village should encourage replacement of old buildings with modern buildings which improves property values, improves the image of the Village and also helps other taxing jurisdictions that impose a real estate tax. He added that teardowns can also be very disruptive in an established neighborhood; therefore the Plan Commission believes it is time for Oak Brook to enact a sensible, balanced teardown ordinance. He indicated that he had talked with a number of Homeowner Association Presidents and they all believe that this is the time to address the issue. He feels that this is an opportune time to begin as the Village may borrow from the experience of surrounding municipalities and at this current time there are no controversial teardown issues confronting the Village. Motion by Trustee Kennedy, seconded by Trustee Sanford, to direct the Village Attorney to prepare an ordinance and refer this request to the Plan Commission for review and recommendation at its November 21, 2005 meeting. VOICE VOTE: VILLAGE OF OAK BROOK Minutes Page 5 of 10 October 11, 2005 GD VE OF OAK P e9 � o i � o o - y G r C A V Village of March 3, 2006 Oak Broak 1200 Oak Brook Road Oak Brook,IL 60523-2255 Mr. Frank Drukas Website 1220 Heatherton Drive www.oak-brook.org Naperville, Illinois 60563 Administration 630.990.3000 Re: Recorded Documents on February 8, 2006: FAX 630.990.0876 PLAT OF VACATION EASEMENT (10'WIDE UTILITY) R2006-024937 Community RESOLUTION 2005-SD-FP-V-R-927 R2006-024938 Development DANA PARK SUBDIVISION(Final Plat) R2006-024939 630.990.3045 SUBDIVISION IMPROVEMENT AGREEMENT R2006-024940 FAX 630.990.3985 DECLARATION OF COVENANTS R2006-024941 Engineering STORM SEWER EASEMENT R2006-024942 Department 3111, 3115 &3113 Meyers Road 630.990.3010 Oak Brook Illinois 60523 FAX 6300.990.3.990.3 985 Fire Department Dear Mr. Drukas: 630.990.3040 FAX 630.990.2392 Copies of the above noted recorded documents are enclosed for your information. Police Department These are important records and should be retained in a secure area within your 630.990.2358 files. FAX 630.990.7484 Public Works If you need any further assistance in this matter, feel free to contact me at 630- Department 990-5770 on Monday through Friday from 9am to 5pm. 630.990.3044 FAX 630.472.0223 Sincerely, Oak Brook Public Library 600 Oak Brook Road Linda M. Andrys VUU Oak Brook,IL 60523-2200 Records Management Clerk 630.990.2222 FAX 630.990.4509 /lma Oak Brook Sports Core Enclosures Bath&Tennis Club 700 Oak Brook Road Oak Brook,IL 60523-4600 cc: Dale L. Durfey, Jr., Village Engineer 630.990.3020 Robert L. Kallien, Jr., Director of Community Development FAX 630.990.1002 Official Files Golf Club 2606 York Road /RECDOC/2006-RECLTR-SD-FP-DANA PARK-3111,3115&3113 MEYERS RD Oak Brook,IL 60523-4602 630.990.3032 FAX 630.990.0245 r G� OF 04', �p 69 o C y G Q) A r t1. qCF CO U N T V Village of Oak Brook March 3, 2006 1200 Oak Brook Road Oak Brook,IL 60523-2255 Website www.oak-brook.org Daca Group, L.L.C. Administration 2742 North Paulina 630.990.3000 Chicago, Illinois 60614 FAX 630.990.0876 Community Re: Recorded Document on February 8, 2006 Development STORM SEWER EASEMENT 630.990.3045 R2006-024942 FAX 630.990.3985 3111, 3115 & 3113 Meyers Road Engineering Oak Brook, IL 60523 Department 630.990.3010 FAX 630.990.3985 Dear Sirs: Fire Department 630.990.3040 PY FAX 630.990.2392 A co of the above noted recorded document is enclosed for your information. This is an important record and should be retained in a secure area within your Police Department files. 630.990.2358 FAX 630.990.7484 If you need any further assistance in this matter,please feel free to contact me at Public Works 630-990-5770 on Monday through Friday from 9am to 5pm. Department 630.990.3044 Sincerely, FAX 630.472.0223 Oak Brook cad �w �-► Public Library Linda M. Andrys 600 Oak Brook Road Records Management Clerk Oak Brook,IL 60523-2200 630.990.2222 FAX 630.990.4509 /lma Oak Brook Sports Core Enclosure Bath&Tennis Club cc: Dale L. Durfey, Village Engineer 700 Oak Brook Road Oak Brook,IL 60523-4600 Robert Kallien, Director of Community Development 630.990.3020 Official Files FAX 630.990.1002 Mr. Frank Drukas, 1220 Heatherton Drive,Naperville,IL 60563 Golf Club /RECDOG2006-RECLTR-EASE-STORM SEWER-DANA PARK-3111,3115&3113 MEYERS RD 2606 York Road Oak Brook,IL 60523-4602 630.990.3032 FAX 630.990.0245 i FRED BUCHOLZ DUPAGE COUNTY RECORDER FEB.08,2006 3:32 PM OTHER 06—33—103—007 005 PAGES R2006-024938 (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60523-2255 RECORDED DOCUMENT TITLE PAGE Title of Document RESOLUTION 2005-SD-FP-V-R-927 A RESOLUTION APPROVING THE FINAL PLAT KNOWN AS DANA PARK SUBDIVISION AND GRANTING A WAIVER AND A VARIATION FROM THE PROVISIONS OF SECTION 14-6-3 OF TITLE 14 ("SUBDIVISION REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO PRIVATE STREETS AND SIDEWALKS Property Address/es 3111, 3115 AND 3113 MEYERS ROAD (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523.) OAK BROOK ILLINOIS 60523 Pin/s Number 06-33-103-007, 06-33-103-008 AND 06-33-103-033 Name & Address of Applicant: MR. FRANK DRUKAS 1220 HEATHERTON DRIVE NAPERVILLE IL 60563 Name & Address of Responsible MR. FRANK DRUKAS Party to Receive Copy of 1220 HEATHERTON DRIVE Recorded Document and Billing: _NAPERVILLE, IL 60563 G/L Account # to be Charged: 10-1365 Prepared By: Village of Oak Brook Return To Village of Oak Brook 1200 Oak Brook Road 1 1200 Oak Brook Road Oak Brook, Illinois 60523 Oak Brook, Illinois 605231 r Name & Address of Recipient N/A of Consideration (when applicable): G/L Account # to be Charged: STATE OF ILLINOIS ) SS. COUNTIES OF COOK AND DUPAGE ) I, Linda K. Gonnella, do hereby certify that I am the duly elected and acting Village Clerk of the Village of Oak Brook,DuPage and Cook Counties, Illinois. I DO FURTHER CERTIFY that on October 11, 2005 , the corporate authorities of the above municipality passed and approved Resolution 2005-SD-FP-V-R-927 A RESOLUTION APPROVING THE FINAL PLAT KNOWN AS DANA PARK SUBDIVISION AND GRANTING A WAIVER AND A VARIATION FROM THE PROVISIONS OF SECTION 14-6-3 OF TITLE 14 ("SUBDIVISION REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO PRIVATE STREETS AND SIDEWALKS (3111, 3113 and 3115 Meyers Road) P.I.N. # 06-33-103-007, 06-33-103-008, 06-33-103-033 I DO FURTHER CERTIFY that the original document, of which the annexed copy is a true copy, is entrusted to my care for safekeeping and I am the keeper of the same. I DO FURTHER CERTIFY that I am the keeper of the records, journals, entries, resolutions, ordinances and documents of the said Village of Oak Brook, DuPage and Cook Counties, Illinois. IN THE WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Village of Oak Brook this loth day of January , 2006. ® ►' i h Y yZ '', f'. Linda K. Gonnella, CMC 4 '{ Village Clerk Village of Oak Brook DuPage and Cook Counties, IL i FRED BUCHQLZ DUPAGE COUNTY RECORDER FEB.08,2006 3:32 PM OTHER 06—33-103—007 038 PAGES R2006-024940 (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60523-2255 RECORDED DOCUMENT TITLE PAGE Title of Document SUBDIVISION IMPROVEMENT AGREEMENT FOR DANA PARK SUBDIVISION Property Address/es 3111, 3115 AND 3113 MEYERS ROAD (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523.) OAK BROOK, ILLINOIS 60523 Pin/s Number 06-33-103-007, 06-33-103-008 AND 06-33-103-033 Name & Address of Applicant: MR. FRANK DRUKAS 1220 HEATHERTON DRIVE, NAPERVILLE IL 60563 Name & Address of Responsible MR. FRANK DRUKAS Party to Receive Copy of 1220 HEATHERTON DRIVE Recorded Document and Billing: _NAPERVILLE, IL 60563 G/L Account # to be Charged: 10-1365 Prepared By: Village of Oak Brook Return T tl age of Oak Brook 1200 Oak Brook Road 00 Oa k Brook Road Oak Brook, Illinois 60523 ak Brook Illinois 6043 Name & Address of Recipient N/A of Consideration (when applicable): G/L Account # to be Charged: x SUBDIVISION IMPROVEMENT AGREEMENT FOR DANA PARK SUBDIVISION THIS AGREEMENT, made and entered into as of the ��'D day of ,uUA2T_, 204, by and among the VILLAGE OF OAK BROOK, an Illinois municipal corporation, having its offices at 1200 Oak Brook Road, Oak Brook, Illinois 60523 ("Village"), and Daca Group, L.L.C. ("Developer"). I WHEREAS, Developer proposes to subdivide the real estate described in Exhibit A, attached hereto and hereby made a part hereof, in compliance with the Village Subdivision Regulations and has submitted to the Village a plat of subdivision ("Subdivision Plat") identified and described in Exhibit B attached hereto and hereby made a part hereof,and WHEREAS, the Subdivision Plat has been approved by the Corporate Authorities of the Village by Resolution No. 2005-SD-FP-V-R-927 passed and approved on October 11, 2005, ("Resolution") subject to the satisfaction of the conditions contained in said Resolution, a copy of which is attached hereto as Exhibit C and hereby made a part hereof, which Resolution, among other things, provides for the execution of this Agreement by and between Village and Developer in order to insure the completion of certain land improvements as a condition precedent to the issuance of building or occupancy permits with respect to buildings proposed to be constructed on the real estate described in Exhibit A. NOW, THEREFORE, in consideration of the covenants and agreements hereinafter contained, the sufficiency of which is hereby acknowledged, Village and Developer hereby agree as follows: 1. Developer, at its sole cost and expense, shall furnish, or cause to be furnished, all the necessary material, labor, equipment and services required to perform, construct, install and complete the following: A. Construction of any land improvements required by the Village Subdivision Regulations and/or this Agreement; and B. Providing the necessary record drawings; and C. Providing the necessary engineering and surveying services that are required in subsections A and B of this section, (A, B, and C collectively shall be referred to as "Work"). All Work shall be performed in a good and workmanlike manner and in accordance with all pertinent Village ordinances and regulations except to the extent the same may have been modified or waived as provided in the Resolution, and in accordance with the plans entitled Site Improvement Plans for Dana Park Subdivision consisting of 17 sheets prepared by Balsamo/Olson Engineering Company, registered professional engineers, as last revised December 5, 2005 and specifications therefore (the "Plans") as more fully identified and described in Exhibit D, attached hereto and hereby made a part hereof. Any material change in the Plans shall be subject to approval by the Village Engineer prior to the performance of any work contemplated by such changes. 2. An estimate of the cost of the Work is attached hereto as Exhibit E. Upon the execution of this Agreement by Developer and prior to the Village's execution of this Agreement and prior to Developer's commencement of the Work, Developer shall deposit either (i) a cash deposit, or (ii) a letter of credit in form and substance acceptable to the Village, or (iii) performance and payment bonds in form and substance acceptable to the Village (collectively or individually "Security"), as further described in Paragraph 12 herein. The Security shall be equal to one hundred ten percent (110%) of the estimate of the cost of the Work and shall originally be in the total amount of Five Hundred Seventy Three Thousand Nine Hundred Sixty Three Dollars and 83/100 ($573,963.83). 3. The contractors engaged by Developer to perform the Work are to be approved by the Village Engineer whose approval shall not be unreasonably withheld. 4. All work shall be subject to inspection by and the approval of the Village Engineer whose approval shall not be unreasonably withheld. The Village Engineer's approval thereof shall be a condition precedent to the pay out of funds to contractors or subcontractors. Prior to any payment, Developer shall obtain waivers of lien for the amounts to be paid to 2 contractors and subcontractors. 5. With respect to soil or construction material testing, if applicable, it is agreed that a mutually acceptable testing firm or firms shall be selected by the Village Engineer from such firms designated by Developer, provided Developer shall give timely notice of such designation to the Village. Developer shall pay all expenses of such testing firm or firms. Said firm or firms shall provide verbal and/or written reports to the Village Engineer as requested by the Village Engineer. 6. The Village acknowledges that Developer has paid the Village a Plan Review fee of $ �DiT and an Inspection Fee of$7 .77 as required by the Village and based on the estimated cost set forth in Exhibit E. Payment of said fees satisfies a condition precedent to the commencement of any of the Work hereunder and to the issuance of any building permit for any construction on any specific lot within the real estate being subdivided. 7. Developer has engaged Balsamo/Olson Engineering Company ("Project Engineer") to act as Project Engineer in connection with the performance of the Work. A copy of the executed contract by and between the Developer and the Project Engineer with respect to the performance of such services is marked Exhibit F and is attached hereto and made a part hereof. Developer has engaged Arrow Todd Surveying ("Project Surveyor") in connection with the performance of the necessary surveying Work. A copy of the executed contract by and between the Developer and the Project Surveyor with respect to the performance of such services is marked Exhibit F-1 and is attached hereto and made a part hereof. C5 ee pile- 3 -A-�) 8. Prior to the commencement of any of the Work, Developer shall cause its contractors, Project Engineer and Project Surveyor to furnish the Village evidence of insurance, naming the Village as additional insured, that satisfies the requirements of Chapter 8 of Title 1 of the Village Code, including additional insured endorsements. Each insured 3 Developer has engaged Christopher B. Burke Engineering, LTD. to provide professional services for three years of management and monitoring of the riparian environment in the Dana Park Subdivision. A copy of the executed contract by and between the Developer and Burke with respect to the performance of such services as marked Exhibit F-2 as is attached hereto and made a part hereof. 3 - � shall include all subcontractors as insured under its policies or shall furnish separate certificates and, endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 9. Developer hereby agrees to defend, indemnify and hold harmless the Village, its officers, agents and employees, and each of them against all loss, cost, damage, claim, expense, demand or judgment for personal injury or property damage arising out of the performance of the Work by Developer, its contractors, agents and employees and its Project Engineer and Project Surveyor; provided, however, that nothing contained in this Paragraph 9 shall be deemed to obligate Developer to indemnify the Village, its officers, agents and employees from and against the negligent acts or omissions of the Village, its officers, agents and employees and the foregoing provisions shall not apply to any claim or demand or action instituted by the Developer against the Village based upon the alleged failure of the Village to perform any act or agreement that the Village is required to perform pursuant to this Agreement. 10. Developer shall cause the Work to progress in accordance with the schedule noted on the Plans and to be substantially completed as determined by the Village Engineer within three (3) years from the date of this Agreement. Additionally, the Village may require reasonable special precautions, temporary structures or other measures as prescribed within section 9-5-6.K and 9-5-6.1, of the Village Code, all at the Developer's expense. If the Work does not progress in accordance with the schedule noted on the Plans or is not substantially completed as determined by the Village Engineer within the time prescribed herein, the Village may provide written notice to Developer of the existence and nature of such default ("Default Notice"). If Developer fails to cure such default within the thirty (30) day period following the date of Developer's receipt of the Default Notice, the Village shall have the right, but not the obligation, to hire contractors, engineers or surveyors and enter the development site to complete or correct any unfinished or defective Work; provided, however, that the Village may, at its option, waive the right to so proceed if Developer is diligently proceeding to cure said default 4 and said cure cannot reasonably be completed within said thirty (30) day period. If the Village exercises its rights, the Developer shall indemnify the Village for any costs incurred attributable to concurrent activities of or conflicts between the Developer's contractor and the Village's remedial contractor at the site. Also, if the Village exercises its rights, it shall have the right to proceed under the Security described in Paragraph 12 hereof, in accordance with its terms, for the purposes of (i) payment to contractors or subcontractors, engineers or surveyors who have completed work in accordance with this Agreement, (ii) payment to any new contractors or subcontractors,engineers or surveyors employed to complete or correct any unfinished or defective work in accordance with this Agreement, (iii) to reimburse the Village for any and all costs and expenses, including legal fees and administrative costs, incurred by the Village, and/or (iv) for any other purpose permitted under the Security or this Agreement or the Village Subdivision Regulations. Notwithstanding the thirty (30) day notice period, the Village may require reasonable special precautions, temporary structures or other measures immediately as prescribed within section 9-5-6.K and 9-5-6.1, of the Village Code, all at the Developer's expense. Prior to acceptance of the improvements by the President and Board of Trustees of the Village, Developer shall cause the Project Engineer to take the complete set of original mylar improvement plans or mylar copies (each shall be high quality reproducible mylar tracings) and correct them to show the Work as actually constructed and approved, and to create electronic files in an electronic format as specified by the Village depicting the corrected improvement drawings, and said Project Engineer shall turn them over to the Village, dated and stamped either "as-built" or "record" drawings, for the Village's property. Said tracings shall include the following: a. Dimensions from the two front lot corners to the water b-box, sanitary stub location; provided, however, that if the b-box or stubs are located along the side or rear lot line, dimensions shall be provided from the side lot corners or rear lot corners, respectively; and b. "As-built"rim and invert elevations of all sewer structures; and c. Storm water basin contours, or dimensions with cross-sections at no less than a 50 5 foot (50') interval with spot elevations at key locations, to verify that the basin was constructed in accordance with the plans, showing the approved construction drawing in half tone and record elevations in full tones; and d. Spot elevations at each side and rear lot line at twenty-five (25') intervals starting from front lot corners and rear lot corners respectively. Prior to acceptance of the improvements by the Village, Developer shall also cause the Project Surveyor to ascertain and create a list of the elevation of the letters "MUE" on the bonnet flange of each fire hydrant. The elevations on the list shall be based on USGS datum as currently used in the Village as determined by the Village Engineer (the Village elevation datum must be used). The list shall be certified to and submitted to the Village. Prior to acceptance of the improvements by the Village, Developer shall also cause: A. The Project Engineer to file a certificate with the Village Engineer stating that all construction has been completed in accordance with the plans and specifications approved by the Village and meets the requirements set forth by the Village; and B. The Project Surveyor to file a certificate with the Village Engineer stating that all requirements of subsection 14-6-3J of the Subdivision Regulations have been completed. Said certificates shall be in form and substance similar to Exhibit G. Prior to acceptance of the improvements by the Village, Developer shall also submit evidence of payment in full for all Work, including that the Developer deliver a sworn statement listing the names and addresses of all contractors, suppliers and professional services providers that have done work for this project. Upon completion of the Work as evidenced by delivery by Developer to the Village of said improvements and documents, and provided that the conditions of this Agreement are met, the Village President and Board of Trustees shall accept the Work, such acceptance to be evidenced by a letter to that effect dated and executed on behalf of the Village by the Village Engineer. 6 Thereupon, the water system improvements, the bicycle path and the Village standard street light shall constitute land improvements which are to be owned and maintained by the Village; the balance of the improvements shall be private and shall be maintained by i the homeowner's association as set forth in the Declaration of Covenants, Conditions, and Restrictions for Dana Park Subdivision, and the amount of the Security shall be reduced to an amount equal to fifteen percent (15%) of the original estimated cost of the Work, which amount shall constitute security for the performance of the obligations of Developer as set forth in Paragraph 11 hereof Developer and the Village acknowledge that the Flagg Creek Water Reclamation District, not the Village, approves, accepts and maintains the sanitary sewer and related improvements. 11. Developer, for a period of one year beyond final acceptance and approval of the Work by the President and Board of Trustees of the Village, shall be responsible for repairs and corrections to such improvements which may be required due,to failures or because of or on account of faulty construction. The obligation of Developer hereunder shall be secured by the Security as further described in Paragraph 12 hereof in the amount equal to fifteen percent (15%) of the original estimated cost of the Work, as set forth in Paragraph 10 hereof If any defect in the Work shall become apparent at any time during the one (1) year following the date of acceptance of the Work, the Village shall notify Developer of the existence and nature of such defect ("Notice of Defect"). If Developer shall fail to correct such defect within thirty (30) days of Developer's receipt of the Notice of Defect, the Village shall have the right to request and receive from the Security so much of the proceeds thereof as may be necessary to enable the Village to cause all corrective action to be performed and paid for; provided, however, that the Village may waive the right to so proceed if Developer is diligently proceeding to cure said default and said cure cannot reasonably be completed within said thirty(30) day period. 12. The obligations of Developer hereunder as to the deposit of security for the completion of the Work (Paragraph 10 herein) and the one (1) year maintenance of the Work after 7 approval and acceptance by the Village (Paragraph 11 herein) shall be satisfied by delivery to the Village of either (i) a Cash Deposit, or (ii) a Letter of Credit issued by a financial institution containing such provisions as may be necessary to conform to the terms of this Agreement and the Village's ordinances and in form and substance reasonably satisfactory to the Village, under which the Village shall be the beneficiary, or (iii) Performance and Payment Bonds issued by a financial institution containing such provisions as may be necessary to conform to the terms of this Agreement and the Village's ordinances and in form and substance satisfactory to the Village, under which the Village shall be an obligee, (collectively or individually "Security"). The Security shall originally be in the amount specified in Paragraph 2 above. Upon acceptance of the Work by the Village, the amount of the Security shall be reduced to, or a replacement Security shall be deposited in, the amount specified in Paragraph 10 above. Developer agrees to have in full force an effect a valid letter of credit as required by the Village and this Agreement for the entire time period required by the Village's ordinances. In addition to the terms, covenants and conditions of the Security, the Village hereby agrees to proceed under the Security solely for the purpose of causing completion (as referred to in Paragraph 10 hereof) or repairs and corrections (as referred to in Paragraph 11 hereof) and payment for the Work, including but not limited to, payment for labor and materials supplied by contractors or subcontractors, engineers or surveyors, and to reimburse the Village for any and all costs and expenses, including legal fees and administrative costs, incurred by the Village, to or for the benefit of the Developer or Village as the case may be, under the provisions of this Agreement. . At or prior to the time the Village makes payment to contractors and subcontractors, engineers and surveyors, the Village will obtain waivers of lien from said contractors and subcontractors, engineers and surveyors for the amounts paid to them and the Village shall not make any payment to any contractor or subcontractor unless the portion of the Work which the Village has caused to be performed or the defect which the Village has caused to be corrected has been accepted by the Village Engineer or his authorized agent and a certificate to that effect has been issued to the Village by the Village Engineer or 8 his agent. The Village shall return the original or replacement Security minus any sums drawn thereon for construction, correction, maintenance, repairs and costs pursuant to Paragraphs 10 and 11 herein, to Developer on the date that is one (1) year after the date of the Village's acceptance of the Work; provided, however, that if the Developer deposits a replacement Security to secure the Developer's obligations pursuant to Paragraph 11 hereof, the Village shall return the original Security which secured the Developer's obligations pursuant to Paragraph 10 hereof, upon delivery of the replacement Security to the Village. 13. The Village further hereby agrees that to the extent that the Developer shall pay, or cause payments tube made to contractors or subcontractors, engineers or surveyors, pursuant to the terms of this Agreement, during the course of construction of the Work, the outstanding liability of the issuer of the Security shall be reduced to approximate the outstanding and unpaid contract balance for the Work referred to in this Agreement subject to the approval of the Village; provided, however, that reductions in each major portion of the Work shall not be more than an amount equal to 85% of their portion of the Security and that the amount of the Security shall not be reduced below fifteen percent (15%) of the original amount until the Work is accepted, at which time the amount of the Security shall be reduced to fifteen (15%) of the estimated cost of the Work as provided in Paragraph 11. 14. Provided all applicable requirements of the Village with respect to building permit applications have otherwise been satisfied, building permits shall be granted by the Village in accordance with Village policy per Village Engineer memo dated August 11, 1993 attached hereto as Exhibit H. 15. The term "Developer" as used herein is intended to refer to the Developer and its successors and assigns. All provisions of this Agreement including the benefits and burdens thereof are binding upon and inure to the benefit of the Village and the 9 Developer and their successors and assigns. 16. This Agreement and the obligations contained herein are in addition to, and not in limitation of, all other agreements between the parties hereto, including, without limitation, applicable agreements, easements, covenants and restrictions of record and those contained in the Resolution and the obligations contained therein. Additionally, Developer shall comply with all Village ordinances. 17. All notices to be given under this Agreement shall be in writing and either delivered personally or deposited in the United States mail certified mail postage prepaid addressed as follows: If to Village: Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 Attention: Village Manager With a copy to: Village Attorney Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 If to Developer: Daca Group, L.L.C. c/o Frank Drukas 1220 Heatherton Drive Naperville, IL 60563 With a copy to: John H. Brechin Law Offices of John H. Brechin 619 South Addison Road Addison, Illinois 60101 Notices deposited in United States Mail postage prepaid as aforesaid shall be deemed delivered upon receipt or upon refusal of receipt. 18. If any portion of this Agreement is found to be unenforceable by a court of law, the balance of the Agreement shall remain in full force and effect. 10 19. The parties agree that this contract shall be governed by the laws of the State of Illinois. IN WITNESS WHEREOF, the Village has caused this Agreement to be executed by its President and attested by its Clerk and the Developer has executed this Agreement,all as of the date above written. VILLAGE OF OAK BROOK, DuPage and Cook Counties, Illinois, an Illinois Z OF y f Municipal Corp ation e t XB Z" BY: v "`'� `° e.:'* illage Pre dent .P" �� Attest: i ag Clerk DACA GR L.L.C. BY: President,irr,*M k Paul hl^ve r 'kAW54"S M`wb+r, 0444 6rrovais t I-r— PREPARED BY: JOHN H. BRECHIN Law Offices of John H. Brechin 619 South Addison Road Addison, Illinois 60101 11 STATE OF ILLINOIS ) SS COUNTY OF DUPAGE ) I, the undersigned, a Notary Public in and for the said County, in the State of Illinois aforesaid, do hereby certify that _<�V Div OttiWAY , personally known to me to be the Village President and LL)yNA' , personally known to me to be the Village Clerk of the Village of Oak Brook &and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally and acknowledged that as such Village President and Village Clerk, they signed, sealed, and delivered the said instrument and caused the seal of said Village of Oak Brook to be affixed thereto, as their free and voluntary act, and as the free and voluntary act and deed of the Village of Oak Brook, for the uses and purposes herein set forth. Given under my hand and seal this day of —""2009. "OFFICi:f�:l SEAL" l�usern;_ ; A. Dane Nor.;a�•far..;;: vate of Illinois e My ;,, i.,:al. w2109/2009 NoYary Public STATE OF ILLINOIS ) SS COUNTY OF DUPAGE ) I, the undersigned, a Notary Public in and for said County in the State of Illinois, do hereby certify that - �t i�(Lv� a , personally known to me to be the same person whose name a,7 subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that Pie signed, sealed and delivered the said instrument as 4lief free and voluntary act, for the uses and purposes therein set forth. His Given under m hand and seal this T� �PW0 y � day of � , 200�v. Tot OFFICIAL SEAL JOHN H BRECHIN NOTARY PUBLIC-STATE OF ILLINOIS MY COMMISSION EXPIRES:11106108 12 EXHIBITS Exhibit A Legal description of real estate to be subdivided Exhibit B Plat of Subdivision Exhibit C Resolution No. 2005-SD-FP-V-R-927 Exhibit D Plans Exhibit E Estimate of Cost of Work Exhibit F Contract between Developer and Project Engineer Exhibit F-1 Contract between Developer and Project Surveyor Exhibit F-2 Burke Agreement Exhibit G Sample Project Engineer and Project Surveyor Certificates Exhibit H Village Engineer Memorandum dated August 11, 1993 i3 Exhibit A SURVEYOR'S CERTIFICATE STATE OF ILLINOIS ) )SS COUNTY OF DUPAGE ) This is to certify that I,George H. Skulavik,Registered Illinois Land Surveyor No.2580, have surveyed and subdivided the following described property: LOTS 1,2,AND 3 IN MUELLER'S COUNTRY CLUB SUBDIVISION,A SUBDIVISION OF PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 33,TOWNSHIP 39 NORTH,RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 11, 1968 AS DOCUMENT NO. R68-23921 IN DU PAGE COUNTY, ILLINOIS AND ALSO THE SOUTH 297 FEET OF THE NORTH 594 FEET OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN(EXCEPTING THEREFROM THE WEST 553.68 FEET AND THE EAST 733.32 FEET)AND(EXCEPTING ALSO THE EAST 16 AND A HALF FEET OF THE SOUTH 297 FEET OF THE NORTH 594 FEET OF THE EAST HALF OF THE NORTH WEST QUARTER OF SECTION 33,TOWNSHIP 39 NORTH, RANGE 11,EXCEPT THE WEST 553.68 FEET AND EXCEPT THE EAST 733.32 FEET),IN DU PAGE COUNTY,ILLINOIS. as shown by the annexed plat,which is a correct representation of said survey and subdivision.All distances are shown in feet and decimals thereof. I further certify that all regulations enacted by the President and Board of Trustees of the Village of Oak Brook relative to plats and subdivisions have been complied with in preparation of this plat.I further certify that the land is within the Village of Oak Brook(or within 1'/2 miles of the corporate limits of the Village of Oak Brook) which has adopted a Village Comprehensive Plan and Map and is exercising the powers authorized by Division 12 of Article 11 of the Illinois Municipal Code as amended.I further certify that a part of the lands shown on this plat are located within a special flood hazard area as identified by the Federal Emergency Management Agency. Given under my hand and seal at Illinois,this_day of 20_ 3111 Meyers—06-33-103-007 3113 Meyers—06-33-103-033 3115 Meyers—06-33-103-008 i 4' Exhibit B Plat of Subdivision for the Dana Park Subdivision Said Plat of Subdivision has been duly filed with the Village of Oak Brook and is contained in their official records. TITLE: Dana Park Subdivision DATE OF PREPARATION: LAST REVISION DATE: PREPARED BY: rrorJ ?ualo,�Survey:�� RECORDED DATE: gam'O(0 RECORDED NUMBER: � S Exhibit C Resolution No. 2005-SD-FP-V-R-927 passed approved on October 11, 2005 -Attached s RESOLUTION 2005—SD-FP-V-R-927 A RESOLUTION APPROVING THE FINAL PLAT KNOWN AS DANA PARK SUBDIVISION AND GRANTING A WAIVER AND A VARIATION FROM THE PROVISIONS OF SECTION 14-6-3 OF TITLE 14 ("SUBDIVISION REGULATIONS") OF THE I VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO PRIVATE STREETS AND SIDEWALKS (3111, 3113 and 3115 Meyers Road) P.I.N.#06-33-103-007, 06-33-103-008, 06-33-103-033 WHEREAS, the Plan Commission of the Village of Oak Brook, on September 19, 2005, recommended the approval of the proposed Dana Park Subdivision (3111, 3113 and 3115 Meyers Road); and WHEREAS, the property at 3111, 3113 and 3115 Meyers Road is legally described as follows: LOTS 1, 2 AND 3 IN MUELLER'S COUNTRY CLUB SUBDIVISION, A SUBDIVISION OF PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 11, 1968 AS DOCUMENT NO. R68-23921 IN DU PAGE COUNTY, ILLINOIS AND ALSO THE SOUTH 297 FEET OF THE NORTH 594 FEET OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPTING THEREFROM THE WEST 553.68 FEET AND THE EAST 733.32 FEET) AND (EXCEPTING ALSO THE EAST 16 AND A HALF FEET OF THE SOUTH 297 FEET OF THE NORTH 594 FEET OF THE EAST HALF OF THE NORTH WEST QUARTER OF SECTION 33, TOWNSHIP 39 NORTH, RANGE 11, EXCEPT THE WEST 553.68 FEET AND EXCEPT THE EAST 733.32 FEET), IN DU PAGE COUNTY, ILLINOIS. WHEREAS, the Village of Oak Brook has heretofore adopted an ordinance setting forth the Subdivision Regulations for the Village of Oak Brook in Title 14 of the Village Code; and WHEREAS, Section 14-7-4 of the Village Code sets forth the authority and standards for granting variations to the Subdivision Regulations; and WHEREAS, the owner of the property at 3111, 3113 and 3115 Meyers Road, Frank Drukas, has submitted a petition for a variation to Section 14-6-3E of the Subdivision Regulations relative to the requirement for paved sidewalks on both sides of each street; and WHEREAS, on September 19, 2005, the Plan Commission reviewed the petition for subdivision, variation and waivers and recommended approval of the plat, variation and waivers; and WHEREAS, in making this recommendation, the Plan Commission found that the applicant had addressed the applicable standards required for a variation to the subdivision regulations; and WHEREAS, the Plan Commission made the following specific findings: Rey .ion 2005-SD-FP-V-R-927 Approving Final Plat Resubdivision 3111,3113,3115 Meyers Rd., 06-33-103-007,06-33-103-008,06-33-103-033 Page 2 of 3 1. 'The subject property has substantial floodplain resulting in a significant portion of the property with dedicated basins and compensatory storage areas; 2. The proposed land subdivision creates four (4) lots that are in substantial conformance to the approved preliminary plat for the Villas of Oak Brook; 3. The proposed lots conform to the underlying zoning district of R-2; 4. The proposed subdivision will satisfy all requirements for a final plat of subdivision as contained in the Village of Oak Brook Subdivision Regulations; 5. The design of the proposed subdivision is in keeping with the surrounding neighborhood and does not negatively impact any adjacent*property; 6. Subject to the approval of the Earth Tech review of the landscape plans with the detention basins and compensatory storage areas; 7. Subject to addressing the conditions contained in Village Engineer Durfey's memorandum dated September 13, 2005; 8. Approval of the requested variation as follows: allow the private street, Cara Lane, and allow the reduction of the right-of-way width from a public sixty-six feet (66') to a private forty-five feet (45') as requested; and 9. Approval of the requested waiver of sidewalks; and 10. The Plan Commission does not object to the requested easement from the Village for the purpose of storm water management and floodplain compensatory as proposed by the applicant for the sum of$15,000.00 and will comply with Village requirements for storm water management and all maintenance is to be assumed by the subdivision. WHEREAS, the Village President and Board of Trustees have considered the recommendations and findings of the Plan Commission and concur with same. 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 Final Plat of Subdivision known as Dana Park Subdivision prepared by Arrow Todd Surveying E.D.M. &Associates, Inc., dated March 19, 2005, be and is hereby approved. Section 2: That approval of the Final Plat of the Dana Park Subdivision as per Section 1 hereof be and is hereby expressly subject to and is not effective until the following conditions are met: 1. That the final plat and final engineering plans be revised and approved by the Village Engineer; 2. Subject to addressing the conditions contained in Village Engineer Durfey's memorandum dated September 13, 2005; 3. That the applicant pay the Village $15,000.00 in exchange for an easement for storm water management pipes. The applicant shall agree to maintain said pipes in an appropriate recordable document. Re- .don 2005-SD-FP-V-R-927 Approving Final Plat Resubdivision 3111,3113,3115 Meyers Rd., 06-33-103-007,06-33-1037008,06-33-103-033 Page 3 of 3 Section 3: All requirements, conditions and standards of the Subdivision Regulations of the Village of Oak Brook shall be applicable to the subdivision and development of said Dana Park Subdivision, except as waived or varied by this Resolution. Section 4: A waiver to Section 14-6-3(E) of the Subdivision Regulations is hereby granted waiving the requirement for a sidewalk on both sides of the street. Section 5: This resolution shall be in full force and effect from and after its passage, approval and publication as required by law. Section 6: All resolutions or parts thereof in conflict with the provisions of this resolution be bnd the same are hereby repealed to the extent of such conflict. APPROVED THIS 11th day of October, 2005. Kevin Q I Village resident PASSED THIS 11th day of October, 2005. Ayes: Trustees Aktipis, Craig, Kennedy, Manofsky. Sanford and Yusuf Nays: None Absent: None t OF QqK S B,pa ATTEST: Linda K. Gonnella, CMC � Village Clerk c�UNT`1 19 09/29/2005 13: 55 6309903985 VILLAGE OF OAK BROOK PAGE 18/23 Exhibit D Plans for. the DaAA p6t 'I Subdivision Said plans and specifications have been duly filed with the Village of Oak Brook and are contained their official records. Said plans and specifications are identified as follows: A. Engineering Plans 1. Ti.tl.e: l e Mt fDMei1/(, fLl/I S rA/1q �"� 2. Date of Preparation: OVA' ►/D s- _ �n na,-yi 3, Last Revision Date: / or/ 0S 4. Prepared.by: �A/S4A2a ZOA 10 It�/ 'Aj h OG B. Engineering Specifications / y 1. Title: Vd -v Repo, � ��a,�Ca/ins (S�If e2 0� /3, 2. Date of Preparation: p'] � A/Cp,S + Pee--r Cg7�cn �- J 3, Last Revision Date: / a GS /OS' 4. Prepared by: d C. Landscaping Plans 1. Title: q� ile�seac zina�,Ye� �IAn_S 2. Date of Preparation: CI A;9L oS 3. Last Revision Date: ///al 3/6'r 4. Prepared by: / Ije 0/5,0.0 Des 4- (add any others as needed) Z ei Samplc SJA.doc Exhibit E Estimate of the Cost of the Work i I i zl PREPARED:09/07105 Revised:10/15105 Revised:12/05/05 Revised:12116/05 Revised:12/20/05 DANA PARK SUBDIVISION,OAK BROOK,ILLINOIS ENGINEER'S ESTIMATE Based on Site Improvement Plans dated 12/05/05and Landscaping Plan dated 11/23/05 ITEM UNIT QUANTITY UNIT PRICE AMOUNT Pavement 1 1/2"SURFACE COURSE SY 1616 $3.20 $5,171.20 1 1/2"BONDER COURSE SY 1616 $3.00 $4,848.00 6"BIT.BASE COURSE SY 1616 $12.00 $19,392.00 M 6.12 CONC C&G LF 1118 $11.00 $12,298.00 M 6-18 CONC C&G LF 30 $13.00 $390.00 REMOVE&REPLACE EX.B-6.18 C&G LF 114 $24.00 $2,736.00 5"PCC WALK-4'WIDE SF 520 $4.00 $2,080.00 4"BIT.SURFACE COURSE FOR BIKE PATH SY 175 $6.00 $1,050.00 SUBTOTAL: $47,965.20 Storm Sewer 8"PVC LF 478 $20.00 $9,560.00 3"PVC LF 429 $12.00 $5,148.00 30"RCP LF 118 $42.00 $4,956.00 21"RCP LF 210 $29.00 $6,090.00 18"RCP LF 58 $25.00 $1,450.00 15"RCP LF 101 $22.00 $2,222.00 15"DIP LF 111 $44.00 $4,884.00 21"DIP LF 48 $58.00 $2,784.00 18"DIP LF 66 $50.00 $3,300.00 12"RCP LF 60 $18.00 $1,080.00 8"HDPE LF 320 $24.00 $7,680.00 CATCH BASIN-4'DIA EA 3 $1,200.00 $3,600.00 INLET-2'DIA(TYPE A) EA 9 $600.00 $5,400.00 INLET-3'DIA(TYPE B) EA 4 $900.00 $3,600.00 MANHOLE-4'DIA EA 5 $1,200.00 $6,000.00 MANHOLE-5'DIA EA 1 $1,600.00 $1,600.00 30"FES W/SAFETY GRATE EA 1 $1,600.00 $1,600.00 TRENCH BACKFILL LF 180 $16.00 $2,880.00 TIDEFLEX CHECK VALVE 8" EA 1 $2,650.00 $2,650.00 DIRECTIONAL BORING LF 320 $30.00 $9,600.00 STEEL CASING 24" LF 40 $60.00 $2,400.00 SUBTOTAL: $88,484.00 Page 1 of 3 1238-200 BALSAMO/OLSON ENGINEERING COMPANY PREPARED:09 107/05 Revised:10/15/05 Revised:12/05105 Revised:12/16/05 Revised:12/20/05 ITEM UNIT QUANTITY UNIT PRICE AMOUNT Sanitary Sewer LIFT STATION WITH GAS GENERATOR EA 1 $22,000.00 $22,000.00 6"PVC SDR26 SAN SERVICE LF 246 $15.00 $3,690.00 8"PVC SDR26 SAN SERVICE LF 11 $18.00 $198.00 MANHOLES EA 2 $2,000.00 $4,000.00 4"HDPE FORCE MAIN LF 280 $18.00 $5,040.00 TRENCH BACKFILL LF 180 $16.00 $2,880.00 CONNECT TO EXISTING MANHOLE EA 1 $1,500.00 $1,500.00 DIRECTIONAL BORING LF 280 $30.00 $8,400.00 SUBTOTAL: $47,708.00 Watennain 6"VALVE W/V DIA VAULT PRESSURE EA 2 $4,000.00 $8,000.00 FH INCL.AUX VALVE AND VALVE BOX EA 1 $1,750.00 $1,750.00 6"DIWM(INCLUDING WYE&BEND) LF 650 $21:00 $13,650.00 1-1/2"COPPER WATER SERVICE W/B-BOX-LONG EA 2 $1,200.00 $2,400.00 1-1/2"COPPER WATER SERVICE W/B-BOX-SHORT EA 1 $400.00 $400.00 TRENCH BACKFILL LF 710 $12.00 $8,520.00 PAVEMENT REMOVAL&REPLACEMENT SY 12 $40.00 $480.00 SUBTOTAL: $35,200.00 Earthwork TOPSOIL STRIPPING CY 13540 $3.00 $40,620.00 CUT/FILL(INCL.UNDERCUT UNDER PROP.ROAD) CY 13260 $3.00 $39,780.00 6"TOPSOIL RESPREAD CY 4175 $3.00 $12,525.00 BORROW ON-SITE CY 6530 $4.00 $26,120.00 MATERIAL IMPORT CY 2890 $10.00 $28,900.00 3"STONE BACKFILL UNDER PROP.ROAD CY 1350 $25.00 $33,750.00 SUBTOTAL: $181,695.00 Erosion Control SILT FENCE LF 786 $1.85 $1,454.10 CONSTRUCTION ENTRANCE TONS 100 $10.00 $1,000.00 SEDIMENT TRAP(INLET FILTER) EA 12 $50.00 $600.00 i DITCH CHECK EA 1 $300.00 $300.00 RIPRAP SY 25 $25.00 $625.00 TEMPORARY PERFORATED RISER PIPE EA 1 $1,200.00 $1,200.00 HYDRO SEEDING AC 1.4 $2,000.00 $2,800.00 EROSION CONTROL BLANKET(AT SLOPING AREA) SF 12000 $0.40 $4,800.00 SUBTOTAL: $12,779.10 Z3 Page 2 of 3 1238-200 BALSAMO/OLSON ENGINEERING COMPANY PREPARED:09/07/05 Revised:10/15/05 Revised:12/05/05 Revised:12/16/05 Revised:12120/05 ITEM UNIT QUANTITY UNIT PRICE AMOUNT Site Clearing&Demolition(See Note Below) ASPHALT DRIVE REMOVAL LS 1 $3,000.00 $3,000.00 MISC.DEMOLITION&CLEARING LS 1 $6,000.00 $6,000.00 (TREE INCLUSIVE) SUBTOTAL: $9,000.00 Misclaneous VILLAGE STREET LIGHT W/CONNECTION EA 1 $6,000.00 $6,000.00 SIGN EA 1 $150.00 $150.00 SUBTOTAL: $6,150.00 Landscaping(Only landscaping associated with private street,entry gateway,cul-de-sac island are included) STREET TREES EA 10 $450.00 $4,500.00 ORNAMENTAL TREES EA 2 $340.00 $680.00 DECIDUOUS SHRUBS EA 145 $35.00 $5,075.00 EVERGREEN TREES EA 10 $425.00 $4,250.00 PERENNINALS EA 38 $8.00 $304.00 GROUND COVER(PURPLE LEAF WINTERCREEPER) EA 405 $2.50 $1,012.50 SOD SY 265 $2.50 $662.50 MULCH CY 28 $40.00 $1,120.00 SUBTOTAL: $17,604.00 Miscellaneous ENTRANCE GATE EA 1 $50,000.00 $50,000.00 OPTICON SENSOR FOR GATE EA 1 $3,000.00 $3,000.00 MONUMENT EA 1 $6,000.00 $6,000.00 RIPARIAN PRARIE PLANTING AND MONITORING EA 1 $12,800.00 $12,800.00 SEGMENTAL RETAINING WALL SF 170 $20.00 $3,400.00 SUBTOTAL: $75,200.00 GRAND TOTAL: $521,785.30 LETTER OF CREDIT AMOUNT(110%OF GRAND TOTAL) $573,963.83 NOTE:DEMOLITION OF EX.BUILDINGS,SEPTIC FIELD,FENCE,WATER SERVICES WELL CAPPING AND ETC.WERE COMPLETED PRIOR TO THE PREPARATION OF THE COST ESTIMATE HEREWITH. COSTS DO NOT INCLUDE: 1.FEES&PERMITS 2.PUBLIC UTILITIES(NICOR,COM ED,AMERITECH,CABLE and UNDERGROUND WIRINGS) 3. HOUSE COST 062-0570 .2 REGIS TFR *: PROFN � �FNGINE�R / I j. Of Z � Page 3 of 3 1238-200 BALSAMO/OLSON ENGINEERING COMPANY Exhibit F I Contract between Developer and Project Engineer ZS i BALSAMO-OLSON ENGINEERING CO. January 04, 2006 Mr. Frank Drukas DACA Group , LLC c/o Frank Paul Homes 1220 Heatherton Drive Naperville, IL 60563 RE: Proposal of Engineering Services on Dana Park Subdivision in Oak Brook, Illinois Dear Mr. Drukas: We are pleased to submit this proposal to you for the Engineering service on the subject project. This contract is the revision to the previously executed contract dated December 15, 2005 due to Village's requirements. The said contract dated 12/15/05 will be voided upon your execution on this contract. A. SCOPE OF WORK 1. Construction Inspection Conduct periodic site visits during the construction stage to observe and report to the client the construction progress of the site improvement tasks as depicted on the approved Site Improvement Plans. If necessary, preparation of redesigns or supplementary sketches based on field condition will be included under this service. Also included are the coordination and communication with Village, FCWRD and County inspectors regarding construction related issues. 2 Hydrant Benchmark Listing and Record Drawing Generation Based on the as-built data acquired by the project surveyor, we will prepare the record drawings including Hydrant Listing and Engineer's Certificate conforming to the items on "Consultant Checklist for Subdivision SIA Items" by the Village and SIA for the subject subdivision. B. TERMS AND CONDITIONS 1. PAYMENT: The Balsamo/Olson Engineering Company(Consultant) shall render invoices to Frank Paul Homes (Client)form time to time as services are provided to the Client on an hourly basis plus reimbursable expenses. Client shall promptly review invoices and notify Consultant of any objection thereto; absent such objection in writing within twenty(20) days after the date of the invoice,the invoice shall be deemed proper and acceptable. Invoices shall be due and payable when rendered. In the event any invoice is not paid within thirty(30)days after rendering of the invoice, it shall commence bearing interest at the rate of 18% per annum and Client agrees to pay all accrued interest, together with the charges for services rendered. The Consultant shall suspend further performances until the default is cured and shall have the right to retain all documents and materials prepared by Consultant and suspend performances until Client's default is cured. Z�o 2. HOURLY RATES Client agrees to pay Consultant as compensation for all authorized work at the hourly rates set forth below: PRINCIPAL $150.00 DIRECTOR OF ENGINEERING $100.00 PROJECT ENGINEER $ 85.00 DIRECTOR OF PLANNING $100.00 PLANNING ASSOCIATE $ 85.00 LANDSCAPE ARCHITECT $100.00 CADD TECHNICIAN $ 85.00 CLERICAL $ 40.00 REGISTERED LAND SURVEYOR $100.00 LAND SURVEYING TECH $ 85.00 2 MAN SURVEY CREW $130.00 3. REIMBURSABLE EXPENSE Consultant shall render invoices to the Client from time to time for all reimbursable items such as fees, permits, bond premiums,title company charges, special travel, delivery charges, long distance phone calls, reproductions and all other charges and expenses not specifically covered by this agreement. In the event such reimbursable items are paid directly Consultant, then such charges and expenses shall be invoiced at direct cost plus twenty(20) percent handling. 4. CLIENT RESPONSIBILITIES The Client (Frank Paul Homes)shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Consultant's services. Client will (1)furnish to the Consultant existing land surveys, annexation agreements, topographic surveys, soils data(including reports,tests and borings), laboratory tests, and approvals and other information and materials necessary for Consultant to complete the work contemplated by this Agreement except any such information and materials which Consultant is specifically required; (2)make available to the Consultant such full and free access to the project as may be required for the performance of the Consultant's services under this agreement; (3) indemnify Consultant against and hold it harmless from any and all loss, costs or expenses incurred by Consultant because of the inaccuracy or defect in any survey, data, test or other information or materials supplied by an entity other than the Consultant; (4)compile and submit all governmental agency applications and fees relative to the preliminary plan submission and provide any required public notification and certified notices to all registered owners adjoining the project. THE BALSAMO/OLSON ENGINEERING CO. ACCEPTED: ' DA CA up, LLC Jw�vn G,uang Lin, P" foe*** P• D�.+KAs Z 7 iKc�t��Kg MGw�irlr, D�ICi! C,�ys,uc - CONSULTANT CHECKLIST FOR SUBDIVISION S.I.A. ITEMS Section 14-4-4.A.10. A fully executed copy of an agreement between the subdivider and the registered professional engineer representing the subdivider providing for the design, layout and inspection of the construction of all land improvements, hydrant benchmark listing, record drawing generation, and certification after completion. Construction staking Construction inspection Hydrant benchmark listing _ Record drawing generation, including but not limited to: Original mylar tracings or mylar copies (full set) of the improvement drawings corrected to show all actual as-built improvements, dated and stamped "As-Built" or"Record Drawings", given to Village Electronic files in an electronic format as specified by the Village depicting the corrected improvement drawings Above documents shall be in a form acceptable to the Village Engineer As-built locations of water mains and sanitary and storm sewers Water, sanitary, and storm service line dimensions from 2 lot corners As-built rims and inverts of all sanitary and storm sewers As-built detention facilities — contours, or dimensions with cross sections at no less than a 50 foot interval with spot elevations at key locations, to verify that the basin was constructed in accordance with the Plans, showing the approved construction in half tone and record elevations in full tone Spot elevations on each side and rear lot line at 25' intervals Engineer's Certification after completion meeting Village Code requirements 3/23/04 76 Checklist-Consultant Sub'd SIA.doc Exhibit F-1 Contract between Developer and Project Surveyor I ZR JAN. 4.2006 4:45PM TODD SURVEYING INC NO.236 P.1i1 40:3 W. GALENA BLVD, SUITE 109 � z RRMW AURORA, ILLINDIR 50506 PHONE 630.892.1309 p� PHONE 815.786.6210 i e FAx 63o.ew630.892.6544 U RVEYI N D 1 a ' m • m 4 e PROFE9Slt3NAL LAND www.ARRDWT930O.COM I SURVEYINI3 SERVICES 9 w Pro osal To: DACA Group c/o Frank Paul Homes Date: 1/4/2006 1220 Heathctan Drive Telephone: (630)926-8270 Naperville, IL 60563 Fox: (630)848-1741 Attu: lrrank Drub Job Location: Dana Park Subdivision,Oak B=k,IL Page 1 of 1 This proposal supersedes tbo proposal for the subject locudc m dated 12-13-05. Construction staking ibr subject location as follows: Stake Storm sewer(23 Structures on site)...$1000.00 Stake Sanitary Sewn'(3 Structures&3 Stabs on Site)...$450.00 Stake W (2 W,1 FA,da 3 B-Boxes).,.$675.00 Stake Of sitq Sty Sewer(2 Inverts)...$175.00 Stake Off-site Saaitaty Sewer...$450.00 Stake 2 Libel...$150.00 Stake Centerline of Road.(Fioal Grade)...$650.00 Stake Cmb...51500.00 Oflilite Maw Grading...$450.00 Stake foe'mass Grading(4 Lots)...$1000.00 Stake Detention Pond and Flood Plain Compensation Area....$1550.00 As-Buik drawing for all udiftices...$2450.00 As Built drawing for toad,..$1250.00 As•Btlat dmwiag for 4ott:ntim area and flood plain compensation area....$1500.00 Establish benebmadt on fire hydrant...$150.00 Stake 4 Im and sot 4 concrete monuments at subdivision core....$1250.00 clia t shall provide Baal eagimeeringlsite plants(land copy and electronic format). We propose hereby to foamish material and labor-complete in accordance wkh thane spectlefiltions,for the sum of, i See Schedule Above Dollars► AVabla ae foliowo: Not 30 Doys Nola:7WU proposal MY be witlYdrwwn b'us(rapt accepted within 90 Dam Aq honk to he completed in a wortananh'ke manner according to the standard prances. Any alteration or devioieo from above specif=ticns inmMng adne costs III be executed only upon wrMtext orders and win become an extra charge over and above the estimate, All agreements contkWnt upon strikes.aeeldents,or delays beyond our eoMtol. Owner to carry firs, ado,and other cry I uranca. Our workers sr fbly covered by Workman,$Compensation Insurance. Q Authorized Sign re the prleea,apeolyleagons and eoffa*na are aratlr;jatctory an$arts Kerby accepted You are ed above autho ' Work as ap err will be made a optlin P-04401 fife ►•/ "as . A arized Sfgnalure a �+S #40IM 3 0 Exhibit F-2 Burke Agreement 3r II• CHRISTOPHER B. BURKE ENGINEERING,LTD. 9575 West Higgins Road•Suite 600•Rosemont,Illinois 60018-4920•TEL(847)823-0500•FAX(847)823-0520 December 14,2005 DACA Group, LLC c/o Frank Paul Homes 1220 Heatherton Drive Naperville, Illinois 60563 Attention: Frank Drukas ars Subject. Proposal for Professional Services for 3 he DanafPark Subdiv is in Monitoring of the Riparian Environment for t Oajk Brook, DuPage County. Illinois (CBBEL Project No. 03-375A) i Dear Mr. Drukas I As requested, Christopher B. Burke Engineering, Ltd. (CBBEL) prepared this proposal to complete the ri..1equired Village of Oak Brook management and monitoring tasks for the linois riparian environment at the Dana Park Subdivision,Oak Book, DuPage for three years County, lassist The following management and monitoring tasks are proposed with meeting the required performance standards outlined in the "Long Term Riparian Environment Maintenance Plan", prepared by CBBEL, revised August 2005 in our Stormwater Permit Application (pending approval by Oak Brook). Included with this proposal is our Scope of Services and Fee Estimate. The fulfillment and completion of the following tasks will be the responsibility of CBBEL. SCOPE OF SERVICES Task 1 Observation of Seeding & Planting Activities: Seeding & planting shall consist of forbs, grasses, shrubs and other species selected from the approved planting list, which will be performed by others. CBBEL shall act as the owner's representative during seeding & planting activities. A maximum of three visits to the site for approximately 2 to 3 hours per visit will be completed to monitor the progress of riparian seeding and planting activities. The visits will include: • Review of seeding & planting zones, seed & plant material quality and composition of stock. d quality of the executed work. • Observation of the progress an • Determination, in general, if the work is proceeding in accordance with the plans and specifications. • Notification of defects and deficiencies in the work of the Contractor(s). 3 z- • Recommendation to you to reject work as failing to conform to the plans and specifications, if necessary- Please note that for the seeding and planting observation tasks which CBBEL may be performing, the Contractor(s) shall be informed by DACA Group, LLC that neither the presence of CBBEL field staff nor the observation by our firm or subconsultant of our firm shall excuse the Contractor in any way for defects discovered in the work. For this project, we understand that seeding & planting services will be completed by others. It is understood that CBBEL will not be responsible for job and site safety on this project; job and site safety shall be the sole responsibility of the Contractors) CBBEL does not have the right to stop work and will not advise/schedule/coordinate/supervise the Contractor(s) nor the Contractor(s) means and methods of their work and we shall not be liable for the results of any such interpretations or decisions rendered in good faith. Seeding &:planting observation services provided by CBBEL staff shall be limited only to and :for general compliance with the Village of Oak Brook approved plans and specifications. Task 2 - Periodic Site Visits: CBBEL will conduct periodic site visits twice a month during construction (April-October 2006) to ensure erosion control measures are functioning properly and to assess the development of vegetation. Post-construction (2007-2008), CBBEL will conduct site visits twice a year during the growing season to assess the establishment of native vegetation. Task .3 —,Herbaceous Vegetation Weed Control & Management: Following .planting, CBBEL will provide spot treatment herbicding, biannually, to manage aggressive undesirable vegetation in the riparian environment area to assist in meeting the Village of Oak Brook approved performance standards. Task 4 - Annual Report: CBBEL shall,write an annual report summarizing the general condition of the riparian environment area, listing activities completed for the year, with recommendations to assist in the achievement of required performance standards. This report will address all items presented in the "Long Term Riparian Environment Maintenance Plan" provided by CBBEL, revised August 2005. FEE ESTIMATE Year One (2006) Task 1 Seeding & Planting Observation $ 1,000 Task 2- Periodic Site Visits $ 4,200 Task 3- Weed Control & Management $ 1,200 Task 4 Annual Report 1,000 Subtotal $ 7,400 Year Two (2007) Task 2 Periodic Site Visits $ 1,200 Task 3=Weed Control & Management $ 1,000 Task 4-Annual Report 1,000 Subtotal $ 2,800 ALCfjmr 2 N:\PROPOSALS\ADMIN\2005\Frank_Paul_Homes-M&M.121405.doc 33 12/14/2005 09:53 FAX 847 318 9793 U13BEL GNVixirtainx nna Year Three (2008) Task 2- Periodic Site Visits $ 1,200 Task 3-Weed Control & Management $ 800 Task 4-Annual Report 1 00 Subtotal $ 2,6600 We will bill you at the hourly rates specified on the attached Schedule of Charges and establish our contract in accordance with attached General Terms. Direct costs for blueprints, photocopying, mailing, overnight delivery, messenger services, and report preparation are not included in the fee estimate. We will establish our contract in accordance with the attached General Terms and Conditions. These General Terms and Conditions are expressly incorporated into and are an integral part of this contract for professional services. Please sign and return one copy of this agreement as an indication of acceptance and notice to proceed. Please feel free to contact us at any time. Sincerely, C istopher . Burk h..., P.E. D. WRE President Attachments: Schedule rut Charges General T erms and Conditions THIS PROPOSAL, SCHEDULE OF CHARGES, AND GENERAL TERMS AND CONDITIONS ACCEP rD PCR DACA GROUP, LLC: TI T L .. DATE: I ALGimr ` N:IPROPOSALS%DM I N120051Fran k_Peul_Homes-M&M-121405.doc 3 4- Exhibit G Sample Project Engineer Certificate I, , Project Engineer for the Dana Park Subdivision hereby certify that, to the best of my knowledge, all construction has been completed in accordance with the plans and specifications approved by the Village of Oak Brook and meets the requirements set forth by the Village. Given under my hand and seal at Illinois this day of 20 (Seal) Sample Project Surveyor Certificate I, , Project Surveyor for the Dana Park Subdivision hereby certify that, to the best of my knowledge, all requirements of section 14-6-3J of the Village of Oak Brook Subdivision Regulations have been completed. Given under my hand and seal at Illinois this day of 920 . (Seal) 3s ' `vSG�pP Ogke o0 ' • 9t �Xh►rt��T ,rf q 2 COUNt� VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 August 11. 1993 708 990- ')000 MEMO TO: Robert Nielsen, Building Commissioner : Dale L. Durfey. Jr. . P.E. , Village Engineer v UUBB,JJECT: Policy regarding when building permits can be approved for a lot in an uncompleted subdivision This memo supersedes may memo of November 27, 1990 on this subject and establishes the minimum requirements for issuance of a building permit for a lot in an uncompleted subdivision or unit. The following is required: 1 . Water Main Extension - The water main must be installed, pressure tested. chlorinated and an IEPA Operating Permit must be received by the Village. A b-hox(es) must be provided. 2. Storm Sewer - The storm sewer must be installed with a service stub provided. 3. Sanitary Sewer - The sanitary sewer must he installed and then tester] and accepted by the Hinsdale Sanitary District or the Downers Grove Sanitary District. A service stub must be provided. 4. Pavement - A serviceable roadway must be in place. (At least 12" stone. 24' wide). 3. Stormwater Detention Facilities - All basins must be constructed with orifices/storm sewers in place and must be operational. The erosion control measures must. be in place; permanent erosion control measures are recommended, but temporary erosion control measures will be accepted. 6. As-builts - A subdivision "as-built" utility plan must be submitted to the Village. The plan must include dimensions from lot corners to the b-box and storm and sanitary service stubs. These dimensions must he certified as correct by the P.E. overseeing the project. This information must be. at a minimum. for the lot for which a building permit is sought. If the entire subdivision or emit hasn' t been completed. any lot can receive a building permit if the above requirements are met for that lot. Resp ct ul y submitted. Dale L. Durfey, Jr. . P.E. . DI.D/etk Village Engineer cc: Richard Vaiciulis. Engineering Department 6xI-1i81T �/ 3� A I n FRED BUCHQLZ FE8.08,2006 COUNTY RECORDER OTHER 06-3 -1 3:32 PM "PAGES R20063 024941 (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60523-2255 RECORDED DOCUMENT TITLE PAGE Title of Document DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR DANA PARK SUBDIVISION Property Address/es 3111, 3115 AND 3113 MEYERS ROAD (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523.) OAK BROOK, ILLINOIS 60523 Pin/s Number 06-33-103-007, 06-33-103-008 AND 06-33-103-033 Name & Address of Applicant: MR. FRANK DRUKAS 1220 HEATHERTON DRIVE NAPERVILLE IL 60563 Name & Address of Responsible MR. FRANK DRUKAS Party to Receive Copy of 1220 HEATHERTON DRIVE Recorded Document and Billing: NAPERVILLE, IL 60563 G/L Account# to be Charged: 10-1365 Prepared By: Village of Oak Brook Return To Village of Oak Brook 1200 Oak Brook Road 1200 Oak Brook Road Oak Brook, Illinois 60523 Oak Brook Illinois 60123 Name & Address of Recipient N/A of Consideration (when applicable): G/L Account # to be Charged: y DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR DANA PARK SUBDIVISION 12/23/2005 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Table of Contents PREMBLE ARTICLE I—Definitions Page Number Section 1: Association 7 Section 2: Common Area 7 Section 3: Common Facilities 7 Section 4: Declarant 7 . Section 5: Declaration 7 Section 6: Lot 8 Section 7: Owner 8 Section 8: Property 8 Section 9: Village 8 ARTICLE II—Property Rights Section 1: Owner's Easements of Enjoyment 8-9 Section 2: Delegation of Use 9 Section 3: Title to the Common Area 9 Section 4: Easement to Village 9 ARTICLE III—Membership and Voting Rights Section 1: Membership 10 Section 2: Voting Rights 10 ARTICLE IV—Covenants for Maintenance Assessments Section 1: Creation of the Lien and Personal Obligation for Assessments 10 2 12/23/2005 Section 2: Purpose of Assessments 10-11 Section 3: Computation of Assessments 11-13 Section 4: Date of Commencement of Annual Assessment,Due Dates 13-14 Section 5: Effect of Nonpayment of Assessments; Remedies of the Association 14 Section 6: Subordination of the Lien to Mortgage 14 I Section 7: Exempt and Partially Exempt Property 14 ARTICLE V—Architectural Review 14-15 ARTICLE VI—Exterior Maintenance 15 ARTICLE VII—External Review Section 1: Nuisances 15 Section 2: Development Activity 15 Section 3: Temporary Structures 15 Section 4: Signs 15-16 Section 5: Campers and Recreational Vehicles 16 Section 6: Livestock and Poultry 16 Section 7: Garbage and Refuse Disposal 16 Section 8: Sight Distance at Intersections 16 Section 9: Driveways 16 Section 10: Manufacturing 16 Section 11: Building Standards 16-17 Section 12: Detached Buildings 17 Section 13: Landscaping 17 Section 14: Utilities 17 3 12/23/2005 Section 15: Garages 17 Section 16: Construction Materials 17 Section 17: Tennis Courts and Swimming Pools 17 Section 18: Miscellaneous Controls 17-18 Section 19: Monotony Restrictions 18 Section 20: Colors 18 Section 21: Fences 18 Section 22: Village Ordinances 18 ARTICLE VIII—Easements 18 ARTICLE IX—Drainage and Detention Section 1: Easements for Detention Facilities 18-19 Section 2: On-Site Stormwater Facilities 19 Section 3: Stormwater Management Permit Application and Plan 19-20 ARTICLE X—General Provisions Section 1: Insurance 20 Section 2: Management 20 Section 3: Remedies 20-21 Section 4: Land Trusts 21 Section 5: Amendments 21-22 Section 6: Notices 22 Section 7: Severability 22 Section 8: Rights and Obligations 22 Section 9: Rights and Duties of Institutional Holders 22-23 4 12/23/2005 Section 10: Actions Requiring Three-Quarter Vote 23-24 Section 11: Headings 24 Section 12: Conflicts 24 Section 13: Perpetuities and Restraints on Alienation 24 Section 14: Trustee Exculpation 24-25 Section 15: Subdivision Gateway 25 5 12/23/2005 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS This DECLARATION is made this-7 day of %lam mark 2006, by DACA GROUP, L.L.C., an Illinois corporation(hereinafter collectively referred to as "Declarant"); WITNESSETH: WHEREAS, DACA GROUP, L.L.C., is the title holder of that certain real Property("Subject Property")comprised of approximately 3.54 acres, situated in the Village of Oak Brook,DuPage County, Illinois,which is legally described in Exhibit"A" attached hereto and made a part hereof; and WHEREAS,the Subject Property consists of residential lots to be conveyed to individuals some of whom will be purchasing residential units constructed thereon; and - I WHEREAS, Declarant intends to grant certain water detention easements and convey Common Area on Subject Property to an Illinois not-for-profit corporation known as DANA PARK HOMEOWNERS ASSOCIATION(hereinafter referred to as "Association"); and WHEREAS, Declarant intends to subject the Subject Property to the covenants, conditions and restrictions, easements, charges and liens hereinafter set forth, each and all of which is and are for the benefit of the Association; and WHEREAS,Declarant has deemed it desirable for the efficient preservation of the values and amenities of the subject development to create the Association for the purpose of maintaining the Common Area and any improvements thereon, and for administering and enforcing the covenants, conditions and restrictions, and for collecting and disbursing the assessments and charges hereinafter created; NOW,THEREFORE,Declarant hereby declares that the Subject Property shall be held, sold and conveyed subject to the following covenants,-conditions, restrictions, easements, charges and liens which are for the purpose of protecting the value and desirability of, and which shall run with the Property submitted thereto and be binding on and inure to the benefit of all parties having any right,title or interest in the described properties or any part thereof,their heirs, successors and assigns. 6 12/23/2005 ARTICLE I Definitions Section 1: "Association" shall mean and refer to DANA PARK HOMEOWNERS ASSOCIATION, a not-for-profit corporation under the General Not- For-Profit Corporation act of the State of Illinois, its successors and assigns. Said Corporation shall be the governing body for all of the Owners with respect to the administration,maintenance,repair and replacement of the portions of the Property as provided by this Declaration and the By-Laws; and said corporation shall be the legal representative for all matters and claims relating directly or indirectly to the Common Area or matter of common interest to all Owners. A copy of the By-Laws of the Association is attached hereto and made a part hereof as Exhibit`B"and by reference incorporated herein as if fully set forth. Each Owner shall automatically become and be a member of the Association so long as he continues as an Owner. Upon the termination of the interest of an Owner,his membership shall thereupon automatically terminate and transfer and insure to the new Owner succeeding him in interest. Section 2: "Common Area" shall mean all real Property and improvements, located within the Lot 4,the legal title of which is owned or hereinafter will be vested in the Association. Section 3: "Common Facilities" shall mean and refer to all buildings, improvements and fixtures situated on or in the Common Area and owned by the Association, all personal Property owned by the Association and all storm sewers,the detention facility and floodplain including vegetation therein, street trees,the fence along the west side of the Property and all gateway improvements constructed by Declarant. Common Facilities include also the lift station, forcemain, and the 5' Fence Easement and Easement for Entry Monument as depicted on the plat of subdivision of Dana Park Subdivision. Section 4: "Declarant" shall mean and refer to DACA GROUP, L.L.C., its successors and assigns who are designated as such in writing by Declarant and who consent in writing to assume the duties and obligations connected therewith. Section 5: "Declaration" shall mean this instrument together with those exhibits which are attached hereto and made a part hereof and shall include such amendments, if any,to the terms hereof. The within Declaration may be referred to in any other document as DANA PARK HOMEOWNERS ASSOCIATION, Declaration of Covenants, Conditions and Restrictions. 7 12/23/2005 Section 6: "Lot" shall mean and refer to the plots of land so shown and designated upon the recorded subdivision plat of the Subject Property, entitled Dana Park Subdivision with the exception of the Common Area. Section 7: "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Subject Property, including contract Sellers. Declarant shall, so long as it owns Lots,be an Owner. Section 8: "Property" shall mean and refer to the Subject Property. Section 9: "Village" shall mean and refer to the Village of Oak Brook, Illinois. ARTICLE II Property Rights Section 1: Owner's Easement of Enjoyment. Every Owner shall have a right and easement of enjoyment in and to the Common Area and a right and easement of ingress and egress to and from said Common Area and such easements shall be appurtenant to and shall pass with title to every assessed Lot, subject to the following provisions: a) The right of the Association to establish and publish rules and regulations governing the use and enjoyment of the Common Area and/or other facilities affecting the welfare of the Association Members. b) The right of the Association, in accordance with its Articles and By-Laws, to borrow money for the purpose of improving the Common Area and facilities, and, in aid thereof,to mortgage said properties. c) The right of the Association to suspend the voting rights and the rights to the use of the Common Area of an Owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed sixty(60)days for any infraction of its published rules and regulations. d) The right of the Association, in accordance with its Articles and By-Laws, to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Owners. Such dedication or transfer shall not be effective unless an instrument signed by the Owners entitled to cast two-thirds (2/3) of the votes has been recorded agreeing to such dedication or transfer. e) The duly designated officials and employees of the Village of Oak Brook and of other governmental bodies having jurisdiction over the Property and the 8 12/23/2005 Common Area for the purposes of enforcing the applicable ordinances,rules and regulations of the said Village and governmental bodies, and to correct or eliminate nuisances or violations resulting from the failure to exercise maintenance responsibilities by either an owner or the Association. All easements herein described are easements appurtenant to, and running with the land; they shall at all times insure to the benefit of and be binding upon the undersigned, all of its grantees, and their respective heirs, successors,personal representatives and assigns,perpetually and in full force. Reference in any deed,mortgage,trust deed or any other recorded documents to the easements, restrictions and covenants herein described shall be sufficient to create and reserve such easements and covenants to the respective grantees,mortgagees, or trustees of said parcels as fully and completely as if those easements, restrictions and covenants were fully related and set forth in their entirety in said documents. Section 2: Delegation of Use. Any Owner may delegate his right of enjoyment to the Common Area to the members of his family or contract purchasers who reside on his Property,and their respective guests and invitees. Section 3: Title to the Common Area. The Declarant hereby covenants, for itself, its successors and assigns,that it will convey to the Association fee simple title to the Common Area which are located on the Subject Property and are described more particularly in the Article I Section 4 of this Declaration, subject to covenants,conditions, and restrictions of record,public zoning laws, current real estate taxes,if any, which shall be prorated among the parties,public utility easements granted or to be granted and any other necessary utilities. When additions to the Common Area are made by reason of additional real estate coming under this Declaration, such additional Common Area shall be conveyed to the Association, in fee simple title. Said fee simple title shall be free of all encumbrances and liens other than those described above. Title to the Common Area shall be conveyed to the Association upon sale and conveyance by Declarant of the last lot in Subject Property or ten years after the first lot is sold and conveyed by Declarant, whichever occurs first. The Declarant shall maintain the Common Area and Common Facilities including but not limited to all improvements in Lot 4 as well as fencing,trees and storm sewer located in the Water Detention Easement, until such time as title to the Common Area is conveyed to the Association. Section 4: Easement to Village. A non-exclusive easement is hereby granted to the Village for ingress and egress across,over, and upon the private road located in Lot 4 for its use by police, fire, ambulance and other emergency vehicles and any of its officials and employees. ARTICLE III 9 12/23/2005 Membership and Voting Rights Section 1: Membership. Every Owner of any Lot which is subject to assessment, in whole or in part, shall automatically be a member of the Association and shall remain such so long as he remains an Owner of a Lot subject hereto; Declarant shall be a member of the Association. Membership shall be appurtenant to and may not be separated from Ownership of any Lot which is subject to assessment. Section 2: Voting Rights. Members shall all be Owners and shall be entitled to one vote for each Lot Owned. When more than one person hold an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. ARTICLE IV Covenants for Maintenance Assessments Section 1: Creation of the Lien and Personal Obligation for Assessments. Each Owner of a Lot(except as otherwise specifically provided by the provisions of Article IV, Section?hereof),by acceptance of a deed therefore or otherwise, whether or not it shall be so expressed in any such deed or other conveyance,hereby covenants and agrees and shall be deemed to covenant and agree to pay to the Association for each Lot owned(or to a management company or other collection agency designated by the Association): (1) annual assessments or charges,to be paid due on the first day of February 1St each year beginning February 1, 2006 or in such other installments as the Board of Directors of the Association shall elect and(2) special assessments for any purpose including for capital improvements, such assessments to be fixed, established and collected from time to time as hereinafter provided. The assessments thus collected by the Association shall constitute the maintenance fund of the Association. The annual and special assessments,together with such interest thereon and costs of collection thereof,including,but not limited to reasonable attorneys' fees as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon each Lot against which each such assessment is made. Each such assessment,together with such interest thereon and cost of collection thereof including but not limited to reasonable attorneys' fees as hereinafter provided, shall also be the continuing personal obligation of the person who was the Owner of such Lot at the time when the said assessment fell due. Section 2: Purpose of Assessments. Each Owner shall pay to the Association assessments representing his proportionate share of the expenses of maintenance for the purpose of maintenance,replacement, administration and operations of the Common Area and Common Facilities. Said expenses hereinabove referred to shall be known as "Common Expenses". The assessments levied by the Association shall be used to pay Common Expenses. Assessments shall be used exclusively to promote the recreation,health, safety, morals and welfare of the residents on the Property and for the improvement,repair,upkeep,taxes on and maintenance of the Common Area and 10 12/23/2005 Common Facilities, all of which are within the purposes of the Association as provided by this Declaration. The assessment may also be utilized by the Association to provide lawn maintenance, snow removal and irrigation sprinkler maintenance on all Lots. To the extent, if at all,that any assessments for any fiscal year are not expended by the Association, any such savings shall be applied by the Association in reduction of its budget and the annual assessments to the Owner for the following year, except with respect to amounts held by the Association as reserves which shall be deemed to be held by the Association in trust for the members for the uses and purposes for which such reserves have been established. Any interest of any Owner in and to such reserve funds shall be deemed appurtenant to such Owner's membership and shall automatically transfer and inure to such Owner's successor in interest. Section 3: Computation of Assessments. Payments of assessments shall be in such amounts and at such times as provided below. a) That until such time as the Common Area is conveyed to the Association maximum monthly installments shall be as follows: 1) Upon conveyance by Declarant to Owner,the yearly assessments shall be$7,500.00 per year for each such lot conveyed. 2) That until such time as the Common Area is conveyed to the Association,the annual installments shall be paid to the Declarant or its beneficiaries or agents. 3) Until such time as the Board of Directors for the Homeowners Association is elected,the Declarant,through its beneficiaries and/or its agents, shall have the right and after such election then the Board of Directors shall have the right to enter into Contracts for such periods of time and upon such reasonable terms as Declarant(its beneficiaries and/or agents) or the Board of Directors, as the case may be, shall determine to provide the Homeowners Association and/or the Homeowners with all necessary or convenient services, including, but not limited to landscaping, and common area maintenance. Declarant, its beneficiaries and/or its agents shall not be liable to the members or the Association or others for any mistake of judgment or for any acts or omissions made in good faith while exercising the powers herein granted. All Owners shall indemnify and hold harmless the Declarant, its beneficiaries and/or its agents against all contractual liabilities to the others arising out of any contract made by Declarant, its beneficiaries, and/or its agents unless any such contract was made in bad faith. b) Within thirty(30) days after the Common Area has been conveyed to the Association,the Board of Directors shall estimate the total amount necessary to pay the cost of taxes,wages, materials, insurance, services and supplies, relating to maintenance of the Common Area and Common Facilities, and 11 12/23/2005 such other items as provided for herein and in the By-Laws of the Association, which will be required during the ensuing calendar year for the rendering of all services,together with a reasonable amount necessary for a reserve for contingencies and replacements, and shall on or before December 1 st of each year, notify each Owner in writing as to the amount of such estimate,with reasonable itemization thereof. Such annual budget shall also take into account any estimated net available cash income for the year from the operation or use of the Common Area. All obligations of the Owners hereunder, including,but not limited to the Common Expenses, for assessments, special assessments or other levies by the Association pursuant to this Declaration or the By-Laws of the Association, shall be determined by multiplying the amount of such assessment, special assessment or levy by a fraction, the numerator of which is the number of Lots owned by the Owner, and the denominator of which is the number of Lots subjected from time to time to the terms and conditions of this Declaration subject,however,to the provisions of Article IV, Section 7 hereof. On or before January 1, of the ensuing year, each Owner shall be obligated to pay the Board of Directors or as it may direct,one-twelfth(1/12)of the assessment made pursuant to this paragraph. On or before the date of the annual meeting of each calendar year, the Board of Directors shall supply all Owner with an itemized accounting of the maintenance expenses for the proceeding calendar year actually incurred and paid,together with a tabulation of the amounts collected pursuant to the estimates provided, and showing the net amount over or under the actual expenditures plus reserves shall be credited equally to each Owner by applying any such excess, as the Board of Directors sees fit,to expenses and/or reserves for the subsequent year. c) If said cash requirement proves inadequate, for any reason,to defray the operating expenses or Common Expenses and costs during any given year, then the Board of Directors shall be authorized to adopt a supplemental budget or budgets and shall adjust the assessments accordingly. The Board of Directors shall service notice of such further or adjusted assessment on all Owners by a statement in writing giving the amount and reasons therefore, and such further or adjusted assessment shall become effective with the next monthly maintenance payment which is due more than thirty(30) days after the delivery or mailing of such notice. Any increase in the annual assessment in excess of twenty percent(20%) of the approved assessment must be approved by two-thirds (2/3) of the members voting in person or by proxy at a meeting duly called for such purposes. d) In addition to the annual assessment authorized above,the Association may levy, in any assessment year, special assessments applicable to that year only for the purpose of defraying, in whole or in part,the cost of any taxes, construction, reconstruction, repair or replacement of a capital improvement upon the Common Area or Common Facilities, including fixtures and personal Property related thereto,provided that any such assessments in excess of a total of five thousand($6,000.00)dollars in any assessment year 12 12/23/2005 shall have the assent of (51%)of the votes of the persons who are voting in person or by proxy at a meeting duly called for the purposes. Any such assessment shall be levied equally per Lot against each Owner. e) The Board of Directors shall establish and maintain reasonable reserves for contingencies and replacements as it shall deem necessary, and any extraordinary expenditures not charged against such reserve in the year of such expenditure. If such reserves are depleted or, in the opinion of the Board of Directors, significantly reduce,then any supplemental Budget, or the next regular estimated cash requirements, shall provide for the re-establishment of such reserves as the Board shall deem reasonably appropriate. All Purchasers shall at the time of closing be assessed for six(6)months of assessments which sum shall be set aside in the reserve fund. f) The failure or delay of the Board of Directors to prepare or serve the annual or adjusted estimate or the itemized accounting or other document on the Owner shall not constitute a waiver or release in any manner of such Owner's obligation to pay the maintenance costs, necessary reserves or adjusted assessments, as herein provided,whenever the same shall be determined, and in the absence of any annual estimate or adjusted estimate,the Owner shall continue to pay the monthly charge at the then existing monthly rate established for the previous period until notice of the monthly maintenance payment which is due more than thirty (30)days after such new annual or adjusted estimate shall have been mailed or delivered. g) The Board of Directors shall keep full and correct books of account in chronological order of the receipts and expenditures affecting the Subject Property, specifying the itemizing the maintenance and repair expenses of the Subject Property and any other expenses incurred. Such records shall be available for inspection by any Owner or first mortgagee of record, at such reasonable time or times during normal business hours as may be requested by the Owner or mortagee. h) No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or Common Facilities or abandonment of his Lot. Except as otherwise provided elsewhere herein, an Owner on the first day of February shall personally be liable for the annual assessment payable each year; and the Owner as of the date of any levy of a special assessment shall be personally liable for such assessment. Section 4: Date of Commencement of Annual Assessments Due Dates. The annual assessments provided for herein shall commence for all Lots on the first day of February beginning February 1,2006 and on February 1St of each year thereafter following the conveyance of the Common Area therein to the Association. The first annual assessment,as determined by the Association, shall be adjusted,per Lot, according to the number of months remaining in the calendar year after the date of such conveyance. The Association shall, upon demand at any time, furnish a certificate in 13 12/23/2005 writing signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 5: Effect of Nonpayment of Assessments; Remedies of the Association. Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty(30) days after the due date,the assessment shall bear interest from the date of delinquency at an annual rate equal to the lesser of the maximum allowed by law and eight percent(8), and the Association may proceed in equity to foreclose the assessment lien(which foreclosure shall follow mortgage proceedings then in force and effect and selected by the Association) and/or bring an action at law against the Owners of the Lot and interest costs and reasonable attorney's fees of any such action(s) shall be added to that amount of such assessment and judgment. Section 6: Subordination of the Lien to Mortgage. The lien of the assessment provided for herein shall be subordinate to the lien of any bona fide first mortgage(or equivalent security interest) on a Lot recorded prior to the date upon which such assessment became due and a decree of foreclosure under such mortgage or any proceeding or conveyance in lieu of foreclosure thereof, shall not extinguish the lien of all such assessments thereof, which become due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. Section 7: Exempt and Partially Exempt Property. All properties dedicated to and accepted by a local public authority and the Common Area shall be exempt from the assessments created herein. ARTICLE V Architectural Review No dwelling house or accessory building shall be erected on any Lot and no exterior alteration shall be made to any dwelling, until and unless the plans and specifications for the same showing the nature, shape, size, architectural design,material location, approximate cost and proposed landscaping hereof, shall have been first submitted to and approved in writing by the Architectural Review Committee consisting three members of the Association. Plan submittal shall be in two stages. Preliminary plans indicating exterior designs,plan arrangements and room sizes shall be submitted initially. Following approval of preliminary plans, construction working drawings and specifications shall be submitted for final approval. The reviewing committee shall have thirty(30)days from the date of the transmittal of architectural plans to either approve or disapprove of the same. Failure to act upon said plans within said thirty(30)day period shall be equivalent to approval thereof. Until such time as the last lot in the Subject Property is sold and conveyed, by Declarant,to Owner or ten years after the first lot is sold and conveyed by Declarant to 14 12/23/2005 Owner,whichever shall be exercised by the Declarant through its beneficiaries and/or its duly authorized agents. Declarant shall send written notice to the Association when all of the Lots in the Subject Property are sold and conveyed to Purchasers. ARTICLE VI Exterior Maintenance The Association shall maintain and keep in repair the Common Area and Common Facilities, including all improvements located therein or in the Water Detention Easement,and the costs thereof shall be part of the Common Expenses. In addition thereto,the Association shall plant,maintain, repair and replace, as necessary, landscaping including trees,berms, fencing, storm sewer and other improvements in the Common Area and Common Facilities. To the extent, if at all,that any Owner shall fail to perform the maintenance of its own Lot whether vacant or improved, which is required by the foregoing, at reasonable times and in a reasonable manner,the Association may, but shall not be required to, perform such maintenance or repair and, in such event,the cost thereof shall be added to such Owner's annual assessment and such amount shall be immediately due and payable and the Association shall have such rights and remedies with respect to the collection of the same as are herein provided with respect to annual assessments. ARTICLE VII External Control Section 1: Nuisances. No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. Section 2: Development Activity. Notwithstanding any other provision herein, any Owner, including the Declarant, shall be entitled to conduct on the Property all activities normally associated with and convenient to the development of the Property and the construction and sale of single-family units on the Property. Section 3: Temporary Structure. No structure of a temporary character, including,without limiting the generality thereof, trailer,basement,tent, shack, garage, barn, or other outbuilding, shall be used on any Lot at any time as a residence either temporarily or permanently. Section 4: Signs. No advertising sign or billboards of any kind shall be displayed to the public view on any Lot, except"for sale" signs, or signs used by a 15 12/23/2005 builder to advertise the Property during the construction period, which sign shall be in compliance with the applicable ordinance of the Village of Oak Brook. Section 5: Campers and Recreational Vehicles. No campers, commercial vans,pick-up trucks, recreational vehicles and other types of non-passenger or other commercial vehicles and accessories (including but not limited to boats and trailers, etc.) may be kept on any Lot unless the same are fully enclosed within the garage located on such Lot. Section 6: Livestock and Poultry. No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except that dogs, cats,or other household pets may be kept,provided that they are not kept, bred or maintained for any commercial purpose. That dogs and cats shall not be allowed to run free through the subdivision and must be exercised on a leash. That dogs and cats, when outside without their Owners, must be confined to the rear yard. Section 7: Garbage and Refuse Disposal. No Lot shall be used or maintained as a dumping ground for rubbish, Trash, garbage or other waste shall not be kept, except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. Garbage when place outside for pickup must be in containers with a cover or in tied plastic bags. Section 8: Sight Distance at Intersections. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two and six feet above the roadways shall be placed or permitted to remain on any corner Lot within the triangular area-formed by the street Property lines and a line connecting them to points 25 feet from the intersection of the street lines,or in the case of a rounded Property corner from the intersection of the street Property lines extended. The same sight line limitations shall apply on any Lot within ten(10) feet from the intersection of a street Property line with the edge of a driveway. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sign lines. Section 9: Driveways. All Driveways and surface walks must have a permanent hard surface. Concrete,asphalt or brick are acceptable. Gravel driveways are not permitted. Driveways must be fully completed within six (6)months from the start of construction(weather permitting). Section 10: Manufacturing. No part of the Property, or any Lot, and no building erected or maintained on any part of the Property shall be used for non- residential purposes. Section 11: Building Standards. No dwelling shall be erected or maintained on said Property unless the gross interior living space of the dwelling(excluding those portions of the dwelling below finish grade elevation, garages,balconies, sun roofs or porches)meets the following minimum area requirements: 16 12/23/2005 Two Story & above: 4500 square feet Section 12: Detached Buildings. No detached accessory buildings; including, but not limited to, detached garages and storage buildings, shall be erected, placed or constructed upon any Lot,provided that this Section shall not apply to enclosures for the purpose of operation of a pool, which may be located only in the rear yard, subject to the Village of Oak Brook's applicable yard requirements and subject to approval by the Architectural Review Committee as established in this Declaration. Section 13: Landscaping. For each Lot upon which such dwelling is erected, the landscaping plan and any estimate of the established pursuant to Article V of this Declaration shall be submitted to and reviewed by the Architectural Review Committee in accordance with the procedures set forth in Article V hereof. The estimate of costs of any such landscaping shall be based on the written estimate of a landscaping contractor or, if the Owner decides to personally perform any of the work as part of said landscaping plan, said estimate shall then be based upon the certified statement of a qualified landscape architect as to the value of the said landscaping improvements upon completion. In any event, said landscaping shall be completed by the Purchaser within a period of the first growing season subsequent to the occupancy of said dwelling. Notwithstanding anything herein to the contrary,the Owners of vacant or improved lots are obligated to maintain said lots in a neat and clean manner. To the extent,that any Owner shall fail to perform the maintenance of his own lot(s) at reasonable terms and in a reasonable manner,the Association may,but shall not be required to perform such maintenance, repair or upkeep and in such event, the cost thereof shall be added to such Owners annual assessments and such amount shall be immediately due and payable and the Association shall have such rights and remedies with respect to the collection of the same as are herein provided with respect to annual assessments. Section 14: Utilities. All electric service,telephone service and other utilities shall be supplied by underground service and no poles shall be permitted. Section 15: Garages. All houses shall have attached garages, which garages shall be a minimum size of two cars to accommodate standard size automobiles. Section 16: Construction Materials. All residences shall be constructed with 25% face brick, stone, and/or marble. Said area shall be calculated by excluding all doors and windows on the exterior of the building. Roofing materials shall be limited to architectural asphalt shingles,wood shingles, slate shingles or tile shingles. Section 17: Tennis Courts and Swimming Pools. Such structures will require a building permit from the Village of Oak Brook and approval from the Architectural Review Committee as referenced in Article V. Section 18: Miscellaneous Controls. (a) Air conditioning condensers and other mechanical equipment are not permitted in the front yard. 17 12/23/2005 (b) Flagpoles are prohibited. (c) Exterior televisions and radios antennas are prohibited. Section 19: Monotony Restrictions. No two houses of like exterior design may be constructed in this subdivision. All buildings shall be considered to be of"like exterior design"unless they have substantially different elevations and have a substantially different exterior appearance (substantially different shall mean that there exists at least four different elements of the elevations and exterior design). Section 20: Colors. All houses shall be neutral colors so as to be inconspicuous. Section 21: Fences. Fencing may be allowed with a maximum height of 6 ft. Fencing is prohibited in front and corner side yards. All fencing shall be in accordance with the Village of Oak Brook's Zoning Ordinance and shall be subject to approval by the Architectural Review Committee as established in this Declaration. Section 22: Village Ordinances. The Village has or may have ordinances, codes and regulations governing signs, fences, swimming pools,parking of vehicles, tennis courts, animals and other matters. The requirements of the Village are in addition to those of this Declaration and in the event of a conflict between the terms and provisions of this Declaration and/or the requirements of the Village,the provisions of such village ordinances, codes or regulations shall prevail. ARTICLE VIII Easements The Common Area may be subject to utility easements in favor of any applicable governmental agency and/or public utility company for sewer, water, gas, electricity, telephone and any other necessary utilities. If such utilities are not installed or easements not described for same prior to conveyance of the Common'Area,the Association may grant same later. ARTICLE IX Drainage and Detention Section 1: Easements for Detention Facilities. There is hereby created and reserved to Declarant and Dana Park Homeowners Association over,under, upon and across the area noted as"Detention Easement"on the Subdivision Plat, recorded as Document Number Rappb"p 1.4 4t_", a perpetual nonexclusive easement for the purpose of constructing, operating and maintaining detention facilities as detailed within 18 12/23/2005 the engineering improvement plans approved by the Village ("Improvement Plans"), a copy of which is attached hereto, labeled Exhibit C, and made a part hereof. No use of the Detention Easement areas will be made or permitted which obstructs, hinders, or lessens either the storage capacity of the detention facilities or the flow of storm water into, out of, or through any of the said areas. Section 2: On-Site Stormwater Facilities. Declarant shall perform all maintenance (defined as the selective removal of woody material and accumulated debris from, or repairs to, a stormwater facility so that such facility will perform the function for which it was designed and constructed)of all on-site stormwater facilities (defined as ditches,channels, conduits,bridges, culverts, levees,ponds, natural and man-made impoundments(including detention facilities),wetlands,tiles, swales, sewers, or other natural or artificial structures or measures which serve as a means of draining surface and subsurface water from land) constructed pursuant to the Improvement Plans. However, Declarant acknowledges and agrees that the Village shall have the right,but not the obligation,to enter onto the Property to perform such maintenance on such stormwater facilities in the event the Declarant shall fail to do so within thirty(30)calendar days following notice in writing to Declarant from the Village of the need for any such maintenance. Should the Declarant fail to perform such maintenance within the selected time, the Village shall have the right to make reasonable entry onto the Property for the purpose of performing such maintenance on such stormwater facilities,provided, however,that(a) in no case shall such entry be made without first giving notice,or reasonably attempting to give notice,to the occupants of the Property prior to entry, (b) except for emergencies, such entry shall be made only during reasonable business hours, and(c) such right of entry shall in no instance extend to any buildings located on the Subject Property. If the Village shall provide such maintenance, it shall have the right to be reimbursed within thirty(30) calendar days of billing for all reasonable out-of-pocket costs and expenses incurred in connection therewith. DECLARANT acknowledges and agrees to make any such reimbursement within thirty(30) calendar days after receipt of an itemized statement detailing all costs and expenses. It is further agreed that in addition to the rights and remedies at law or at equity,the Village shall have a lien on the Property to secure payment of such amounts due to the Village for the work and the Village may enforce and foreclose on said lien, including attorney's fees and costs,by an action filed in the appropriate court in DuPage County. The Village agrees that, in the event it provides such maintenance, (a)it will exercise due care and caution so as not to unnecessarily damage or harm the Property and any landscaping,buildings or other improvements thereon and(b)it will repair and/or reimburse and make whole the Owner for any unreasonable damage or harm to the Property or any landscaping,buildings or other improvements thereon unreasonable caused by the Village(or its agents or employees) in connection with the exercise of any rights granted to the Village hereunder. Section 3: Stormwatet Whnagement Permit Application and Plan. Declarant submitted a Stormwater Management Permit Application to the Village with 19 12/23/2005 the original subdivision application. Excerpts from that Application are stated in Exhibit D attached hereto and made a part hereof. Declarant and Association shall perform all responsibilities and obligations contained in said Exhibit D. ARTICLE X General Provisions Section 1: Insurance. The Board of Directors shall have the authority to and shall obtain insurance for the improvements in or upon the Common Area against loss or damage by fire vandalism and such other hazards as are covered under standard extended coverage provisions, for the full insurable replacement cost hereof. The Board of Directors shall also have the authority to and shall obtain comprehensive liability insurance, in such limits as it shall deem desirable, and workman's compensation insurance and other liability insurance as it may deem desirable, insuring the Association, Board of Directors,manager, managing agent and, with respect to the Common Area. The premiums for all insurance purchased pursuant to the provisions of this Section shall be Common Expenses and shall be paid at least thirty(30) days prior the expiration date of any policy. Except as hereinabove provided, each Owner shall be responsible for obtaining fire and casualty and other types of insurance as such Owner shall deem necessary on his own Lot and the contents of his own Lots,and his additions and improvements thereto, as well as his personal liabilities. Section 2: Management. The Association,through its Board of Directors, shall have the power to employ a manager(managing agent),and independent contractor, or such other employees as it deems necessary, and to prescribe their duties and fix their compensation, and/or enter into a management agreement with a professional management company for the purposes of managing the Association. Any agreement entered into by the Association with a management company shall be for a period of not more than one(1)year each, and shall provide for the Association's written thirty(30) day notice to the management company of its intent to do so. Section 3: Remedies. In the event of any default by any Owner under the provisions of the Declaration,By-Laws or rules and regulations of the Association,the Association and the Board of Directors shall have each and all of the rights and remedies which may be provided for in this Declaration,the By-Laws and said rules and regulations, and those which maybe be available at or in equity, and may prosecute any action or other proceeding against such defaulting Owner and/or others for enforcement of any lien, statutory or otherwise, including foreclosure of such lien and the appointment of a receiver for the Lot and ownership interest of Such Owner,or for damages or injunction, or specific performance, or for judgment for payment of money and collection thereof, or for any combination of remedies, or for any other relief. No remedies herein provided or available at law or in equity shall be deemed mutually exclusive of any other such remedy. All expenses of the Association in connection with any such actions or proceedings, including court costs and attorneys' fees and other fees and expenses, and all damages, liquidated or otherwise,together with interest thereon at the maximum rate 20 12/23/2005 permitted by law, from the due date until paid, shall be charged to and assessed against such defaulting Owner, and shall be added to and deemed part of his prospective share of the Common Expenses(to the same extent as the lien provided herein for unpaid assessments), upon the Lot and upon all of his additions and improvements thereto, and upon all of his personal Property and improvements thereto, and upon all his personal Property,upon the Lot or located elsewhere on the Common Area. Any and all of such rights and remedies may be exercised at any time and from time to time, cumulatively or otherwise,by the Association or the Board of Directors. All of the provisions of this instrument, and those in the Articles of Incorporation and By-Laws of the Association are mutually enforceable by and among the members of the Association. Any member who feels that a provision is being violated may petition the Association to investigate the situation. Should the Association determine that this allegation is true and that whatever action is necessary to end the violation as unworthy of action, or fails to investigate the alleged violation within thirty(3)days of notice,then the complaining member can prosecute his claim in whatever legal manner is best suited to the situation. Section 4: Land Trusts. In the event title to any Lot should be conveyed to a land title-holding trust, under which all powers vested in the Trust beneficiary or beneficiaries,then the trust estate under such trust, and the beneficiaries there under, from time to time, shall be liable for payment of any obligation, lien or indebtedness chargeable or created under this Declaration against such Lot.No claim shall be made against any such title-holding trustee personally for payment of any claim, lien or obligation hereby created, and the trustee shall not be obligated to sequester funds or trust Property to apply in whole or in part against any such lien or obligation, but the amount thereof shall continue to be a charge or lien upon the premises notwithstanding any transfers or beneficial interest in the title to such real estate. Nothing in this Section 4 shall be deemed to alter or diminish the rights or remedies of the Association under Article IV Section 5 relating to the failure to pay maintenance assessments. Section 5: Amendments. The covenants and restrictions of this Declaration shall run with and bind the land for a term of twenty(20)years from the date this Declaration is recorded, after which time they shall be automatically extended for successive period of ten(10) years, unless two-thirds(2/3)of the votes outstanding shall have been voted to terminate the covenants and restrictions of this Declaration upon the expiration of the initial twenty year period or any extension thereof,which termination shall be by written instrument signed by seventy-five percent(75%) of the Owners and properly recorded in DuPage County, Illinois. This Declaration may be amended during the first twenty(20) year period by an instrument signed by not less than seventy-five (75%)percent of the Owners. Any amendment must be recorded. Notwithstanding any provision hereof to the contrary,the Declarant may, at its sole discretion and without consent being required of anyone,modify, amend, or repeal this Declaration at any time prior to the closing of the sale of the first Lot,provided said amendment,modification,or repeal is in writing and properly recorded in DuPage County, Illinois. Declarant further 21 12/23/2005 reserves,prior to the closing of the sale of all of the Subject Property, all rights which may be necessary to deal with the Subject Property, including the right to vacate, amend or modify that plat of subdivision. Notwithstanding anything else contained herein to the contrary, no amendment to Article IX or any amendment affecting any rights of the Village of Oak Brook hereunder may be made without the prior written consent of the Village of Oak Brook. Section 6: Notices. Notices provided for in the Declaration or By-Laws shall be in writing and shall be addressed to the Association or to any Owner at its respective address. Notices addressed as above shall be deemed delivered when mailed by Untied States registered or certified mail,return receipt requested, or when delivered in person with written acknowledgement of the receipt thereof. Section 7: Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. Section 8: Rights and Obligations. The provisions of this Declaration and the By-Laws and the rights and obligations established thereby shall be deemed to the covenants running with the land and shall inure to the benefit of, and be binding upon, each and all of the Owners and respective heirs, representatives, successors, assigns, purchasers, grantees and mortgages. By the recording or the acceptance of a deed conveying a Lot or any interest therein, or any ownership of a deed conveying a Lot or any interest therein, or any ownership interest in the Lot whatsoever,the person to whom such Lot or interest is conveyed shall be deemed to accept and agree to be bound by and subject to all of the provisions of this Declaration and the By-Laws,whether or not mention thereof is made in said deed. Section 9: Rights and Duties of Institutional Holders. Any provisions within the Declaration or the By-Laws to the contrary notwithstanding,the following provisions shall control: a) Upon the written notice in the manner prescribed by Article X Section 6 directed to the Association by any first mortgagee of a dwelling on a Lot, the following actions will require notice to all said institutional holders: 1) Abandonment or termination of the Association; 2) Material amendment to the Declaration, By-Laws or Articles of Incorporation; and 3) Termination by the Association of professional management and assumption of self-management by the Association. b) Upon the request in the manner prescribed above of any first mortgagee of a dwelling on a Lot,the Association shall furnish to such mortgagee a written notice of any default by the Owner of such dwelling the performance of such . Owner's obligations under and within the Declaration or the By-Laws or Association rules or regulations which is not cured within thirty(30) days. 22 12/23/2005 c) Each first mortgagee of a dwelling on a Lot shall have the right to examine the books and records of the Association during normal business hours. The first mortgagee's may,jointly or singularly,pay taxes or other charges which are in default and which may or have become a charge against the Common Area or any portion thereof. First Mortgagee's may pay overdue premiums on hazard insurance policies or secure now hazard insurance coverage on the lapse of a policy for such Property, and first mortgagee's making such payments shall be owed immediate reimbursement therefore from the Association. The Association shall have the authority to enter into an agreement reflecting the provisions of the written subsection in such form as may reasonably be required by such mortgagee's, and in the absence of any such agreement,the provisions of the written subsection shall be deemed to be the agreement of the Association and binding upon it in favor of all such mortgagee's. d) Institutional holders of first mortgages of a dwelling on a lot shall, in addition, upon written request,have the right: 1) to receive an annual financial statement of the Association within ninety(90) days following the end of any fiscal year of the Association; and 2) to receive written notice of all meetings of the Association and to designate a representative to attend all such meetings. e) In the event of: 1) damage or destruction of any Common Area or facilities,the cost of repair of which exceeds fifty thousand and no/100 dollars; or 2) the Common Area or facilities becoming the subject of any condemnation or eminent domain proceeding, the Association shall give timely written notice of same to all institutional holders of first mortgage liens. f) No provision within the Declaration or By-Laws or Articles of Incorporation of the Association, or any similar instrument pertaining to the Subject Property or the dwelling thereon shall be deemed to give an Owner or any other party priority over any rights of bona fide first mortgagee's of dwellings pursuant to their mortgages, in the case of a distribution to Owners of insurance proceeds or condemnation awards for losses to or a taking of the Common Area or an Y portion thereof or interest therein. Section 10: Actions Requiring Two-Thirds Vote. Unless at least two-thirds (2/3)of the Owners have given their prior written approval,the Association shall not be entitled to: 23 12/23/2005 a) Abandon,partition, subdivide, encumber, sell or transfer the Common Area or any portion thereof or interest therein; except that the granting of easements for public utilities,the dedication to a public park district or other public purposes consistent with the intended use of such Property shall not be deemed a transfer within the meaning of this Section. b) Change the method determining the obligations, assessments, dues or other charges which may be levied against an Owner by the Association; c) Change, waive, or abandon any scheme of regulations or enforcement thereof pertaining to the architectural design or exterior appearance of the dwellings or maintenance of the dwelling or Lots; d) Fail to maintain fire and extended coverage insurance on insurable Property comprising a part of the Common Area on a current replacement costs basis in an amount not less than one hundred percent(100%) of the insurable value (based on current replacement costs); e) Use hazard insurance proceeds for losses to any improvements comprising a part of the Common Area for other than the repair, replacement or reconstruction of such improvements. Section 11: Headings. The headings contained in this Declaration are for reference purposes only and shall not in any way affect the meaning or interpretation of this Declaration. All personal pronouns used in this Declaration,whether used in the masculine, feminine or neuter gender, shall include all other genders; the singular shall include the plural, and vice versa. Title of Articles and Sections are for convenience only, and neither limit nor amplify the provisions of the Declaration unless specified reference is made to such Article, Section or Subsections of another document or instrument. Section 12: Conflicts. In the event of any conflict between this Declaration and the By-Laws or Articles of Incorporation,this Declaration shall control. Section 13: Perpetuities and Restraints on Alienation. If any of the options, privileges, covenants or rights created by this Declaration would otherwise be unlawful or void for violation of(a)the rule against perpetuities or some analogous statutory provisions, (b)the rule restricting restraints on alienation, or(c)any other statutory or Common Law rules imposing time limits,then such provision shall continue only until twenty-one (2 1)years after the death of the now living descendants of Rod Blagojevich, Governor of the State of Illinois. Section 14: Trustee exculpation. It is expressly understood and agreed, anything herein to the contrary notwithstanding,that each and all of the representations, covenants, undertakings and agreements herein made on the part of the Declarant while in form purporting to be representations, covenants, undertakings and agreement of the 24 12/23/2005 Declarant are nevertheless made and intended not as personal representations, covenants, undertakings and agreements by the Declarant or for the purpose or with the intention binding said Declarant personally,but are made and intended for the purpose of binding that portion of the Property specifically described herein, and this instrument is executed and delivered by said Declarant not in its own right, but solely in the exercise of the powers conferred upon it as such Declarant; and that no personal liability or personal responsibility is assumed by nor shall at any time be asserted or enforceable against Daca Group, L.L.C., on account of this instrument or on account of any representation, covenant,undertaking or agreement of said Trust in this instrument contained, either expressed or implied, all such personal liability, if any,being expressly waived and released. It is understood and agreed by the parties hereto that the Declarant, is executing this Declaration as the legal titleholder of real estate, does so solely for the purpose of binding the real estate to the terms, conditions and provisions of this Declaration. Section 15: Subdivision Gateway. Declarant agrees that any subdivision gateway may be removed by the Village at the expense of Declarant or the Dana Park Homeowner's Association upon 30 days prior written notice if said subdivision gateway is not being maintained to the satisfaction of the Village Board. The cost of such removal shall constitute a lien on the Property for the benefit of the Village. 25 12/16/2005 IN WITNESS WHEREOF, Declarant has caused this instrument to be executed on its behalf, attested and its co orate seal to be hereunder affixed on this` day of 200 3Ir aavrkity DACA GROU L.L.C. I By: 0�a Frank P. Drukas President,Frank Paul Homes Managing Member, DACA Group,LLC PREPARED BY: JOHN H. BRECHIN Law Offices of John H. Brechin 619 South Addison Road Addison, Illinois 60101 (630) 834—4890 26 12/23/2005 STATE OF ILLINOIS ) SS COUNTY OF DUPAGE ) I,the undersigned, a Notary Public in and for the County and State aforesaid, Do Hereby Certify that Frank P. Drukas, Managing Member of DACA GROUP,L.L.C., and personally known to me to be the same person whose name is subscribed to the foregoing instrument as such Managing Member appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his own free and voluntary act, and as the free and voluntary act of said Company for the uses and purposes therein set forth; and the said Frank P. Drukas did also then and there acknowledge that he, as custodian of the seal of said Company, did seal said instrument as his own free and voluntary act, and as the free and voluntary act of said Company, for the uses and purposes therein set forth. Given under my hand and Notorial Seal this 23`d day of December,2005. NotaryiPublic My Commission Expires: OFFICIAL SEAL JOHN H BRECHIN NOTARY PUBLIC STATE OF ILLINOIS MY COMMISSION EXPIRES:I IM)MMIB 27 12/23/2005 Exhibit"A" I SURVEYOR'S CERTIFICATE STATE OF ILLINOIS ) )SS COUNTY OF DUPAGE ) This is to certify that I,George H.Skulavik,Registered Illinois Land Surveyor No. 2580, have surveyed and subdivided the following described property: LOTS 1,2,AND 3 IN MUELLER'S COUNTRY CLUB SUBDIVISION,A SUBDIVISION OF PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 33,TOWNSHIP 39 NORTH,RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 11,1968 AS DOCUMENT NO, R68-23921 IN DU PAGE COUNTY, ILLINOIS AND ALSO THE SOUTH 297 FEET OF THE NORTH 594 FEET OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN(EXCEPTING THEREFROM THE WEST 553.68 FEET AND THE EAST 733.32 FEET)AND(EXCEPTING ALSO THE EAST 16 AND A HALF FEET OF THE SOUTH 297 FEET OF THE NORTH 594 FEET OF THE EAST HALF OF THE NORTH WEST QUARTER OF SECTION 33,TOWNSHIP 39 NORTH,RANGE 11,EXCEPT THE WEST 553.68 FEET AND EXCEPT THE EAST 733.32 FEET),IN DU PAGE COUNTY,ILLINOIS. i as shown by the annexed plat,which is a correct representation of said survey and subdivision.All distances are shown in feet and decimals thereof. I further certify that all regulations enacted by the President and Board of Trustees of the Village of Oak Brook relative to plats and subdivisions have been complied with in preparation of this plat.I further certify that the land is within the Village of Oak Brook(or within 1'/2 miles of the corporate limits of the Village of Oak Brook) which has adopted a Village Comprehensive Plan and Map and is exercising the powers authorized by Division 12 of Article 11 of the Illinois Municipal Code as amended. I further certify that a part of the lands shown on this plat are located within a special flood hazard area as identified by the Federal Emergency Management Agency. Given under my hand and seal at Illinois,this_day of .20_. 3111 Meyers—06-33-103-007 3113 Meyers—06-33-103-033 3115 Meyers—06-33-103-008 28 12/13/2005 EXHIBIT"B" BY-LAWS ARTICLE I Name and Location The name of the corporation is DANA PARK HOMEOWNERS ASSOCIATION, hereinafter referred to as the "Association". The principal office of the Corporation is located at Oak Brook,Illinois,but meetings of Members and Directors may be held at such place within the State of Illinois as may be designated by the Board of Directors. ARTICLE II Definitions Section 1: "Association" shall mean and refer to DANA PARK HOMEOWNERS ASSOCIATION,an Illinois not-for-profit Corporation, its successors and assigns. Section 2: "Common Area" shall mean all real property and improvements designated as such in the Declaration. Section 3: "Common Facilities" shall mean and refer to all buildings, improvements and fixtures situated on or in the common area and owned by the Association, all personal property owned by the Association and all storm sewers, the detention facility and floodplain including vegetation therein, street trees, the fence along the west side of the property and all gateway improvements constructed by Declarant. Section 4: "Property" shall mean and refer to the Subject Property and each and every other portion of the Development Area, which is annexed in the subject development in accordance with the terms thereof. Section 5: "Declaration" shall mean and refer to the Declaration of Covenants, Conditions and Restrictions applicable to the Property and recorded in the Office of the Recorder of Deeds, in DuPage County, Illinois as document #RADD&--a i 1 Section 6: "Declarant" shall mean and refer to DACA GROUP, L.L.C., their successors and assigns who are designated as such in writing by Declarant and who consent in writing to assume the duties and obligations connected therewith. Section 7: "Lot" shall mean and refer to the plots of land so shown and designated on the recorded subdivision plat of the Subject Property with the exception of the Common Area. Section 8: "Member' shall mean and refer to those persons entitled to membership as provided in the Declaration. Section 9: "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Property, including contract Sellers. Declarant shall, so long as it owns Lots, be an Owner. ARTICLE III Membership and Voting Rights Section 1: Qualifications for Membership. The qualifications for Membership in the Association are set out in Article III Section 1 of the Declaration. Section 2: Voting Rights of Members. The voting rights of Members are set out in Article III Section 2 of the Declaration. Section 3: Conditions of Continued Membership. As provided in the Declaration, the rights of membership are subject to the making of the payment of annual and special assessments levied by the Association, the obligation for which annual and special assessments are imposed against each Owner of a Lot and which are secured by a lien upon the Lot and against which the call for annual or special assessment is made. A Member who is delinquent in such annual or special assessment will be subject to additional charges, all of which may be enforced by any legal action against the Owner, and/or foreclosure of the aforesaid lien. Section 4: Suspension of Membership Rights. The membership rights of a4yper,Sorl in the Association is subject to the payment of annual and special asses Ismerits under Section 3 of this Article III, whether or not he be personally obligated to pay such assessments, may be suspended by action of the Board of Directors during the period when an assessment or installment of either 2 remains unpaid; but, upon full payment of such assessments or installment, his rights and privileges shall be automatically restored. If the Directors have adopted and published rules and regulations governing the use of the Common Area and/or Common Facilities, and the personal conduct of any person thereon violates such rules and regulations as provided in Section 1 of this Article III hereof, they may, in their discretion, suspend the rights of any such person for violation of such rules and regulations or any provision of the Declaration for a period not to exceed sixty (60) days. Section 5: Members' Rights of Enjoyment of Common Area. Each Member shall be entitled to the use and enjoyment of the Common Area and Common Facilities as provided by the Declaration. ARTICLE IV Meeting of Members Section 1: Annual Meetings. The first annual meeting of the Members shall be held within one (1) year of the date of the incorporation of the Association, and each subsequent regular annual meeting of the Members shall be held on the same day of the same month of each year thereafter, at the hour of 8 o'clock p.m. If the day for the annual meeting of the Members is a legal holiday, the meeting will be held at the same hour on the first day following which is not a legal holiday. Section 2: Special Meetings. Special meetings of the Members may be called at any time by the President or by the Board of Directors or upon written request of two-thirds of the Members. Section 3: Notice of Meetings. Written notice of each meeting of the Members shall be given by, or at the direction of the Secretary or person authorized to call the meeting, by mailing a copy of such notice postage prepaid, at least fifteen (15) days before such meeting to each Member entitled to vote thereat, addressed to the Members address last appearing on the books of the Association, or supplied by such Member to the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting, and, in the case of a special meeting, the purpose of the meeting. Section 4: Quorum. The presence at the meeting of Members entitled to cast, or of proxies entitled to cast, two-thirds (2/3) of the votes of the membership shall constitute a quorum for any action except as otherwise provided for in the Articles of Incorporation, the Declaration, or these By-Laws. If however, such quorum shall not be present or represented at any meeting, the 3 Members entitled to vote thereat shall have the power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum as aforesaid shall be present or be represented. Section 5: Proxies. At all meetings of Members each Member may vote in person or by proxy. All proxies shall be in writing and filed with the Secretary. Every proxy shall be revocable and shall automatically expire upon conveyance by the Member of his Lot. ARTICLE V Board of Directors; Selection;Term of Office Section 1: Number. The affairs of this Association shall be managed by a Board of three (3) Directors. Section 2: Term of Office. At the first annual meeting, the Members shall elect one Director for a term of one year, one Director for a term of two years, and one Director for a term of three years and each annual meeting thereafter the Members shall elect Directors for the positions of the Directors whose tenure expires on that date for a term of three years. Section 3: Removal. Any Director may be removed from the board, with or without cause, by a majority vote of the Members of the Association. In the event of death, resignation, or removal of the Director, his successor shall be selected by the remaining Members of the Board and shall serve for the unexpired term of his predecessor. Section 4: Compensation. No Director shall receive compensation for any services he may render to the Association. However, any Director may be reimbursed for his actual expenses incurred in the performance of his duties. Section 5: Action Taken Without a Meeting. The Directors shall have the right to take action in the absence of a meeting, which they could take a meeting by obtaining the written approval of a majority of the Directors. Any action so approved shall have the same affect as though taken at a meeting of Directors. ARTICLE VI Nomination and Election of Directors 4 Section 1: Nomination. Nomination for election to the Board of Directors shall be made by a Nominating Committee. Nominations may also be made from the floor at the annual meeting. The Nominating Committee shall consist of a Chairman, who shall be a Member of the Board of Directors, and two or more Members of the Association who may or may not be Directors. The Nominating Committee shall be appointed by the Board of Directors prior to each meeting of the Members, to serve from the close of such annual meeting until the close of the next annual meeting and such appointment shall be announced at each annual meeting. The Nominating Committee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine, but no less than the number of vacancies that are to be filled. Such nominations shall be made from among the Members of the Association. Section 2: Election. Election to the Board of Directors shall be by secret written ballot. At such election, the Members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Declaration. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted. ARTICLE VII Meetings of Directors Section 1: Regular Meetings. Regular meetings of the Board of Directors shall be held at least annually without notice, at such place and hour as may be fixed from time to time by resolution of the Board. Should said meeting fall upon a legal holiday, then that meeting shall be held as scheduled by the Board of Directors. Section 2: Special Meetings. Special Meetings of the Board of Directors shall be held when called by the president of the Association, or by any two Directors, after not less than three days notice to each Director, provided, however, that attendance or written waiver shall be deemed as conclusive evidence of proper notice. Section 3: Quorum. A majority of the number of Directors shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the Directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board. ARTICLE VIII 5 Powers and Duties of the Board of Directors Section 1: Powers. The Board of Directors shall have the power to: a) adopt and publish rules and regulations governing the use of the Common Area and Common Facilities, and to personal conduct of the Members and their quests thereon and to establish penalties for the infraction thereof; i b) suspend the voting rights and rights of use of recreational facilities, if any, of a Member during any period in which such Member shall be in default in the payment of any assessment levied by the Association. Such rights may also be suspended after notice and hearing, for a period not to exceed thirty (30) days for infraction of published rules and regulations; c) exercise for the Association all powers, duties, and authority vested in or delegated to this Association and not reserved to the membership by other provisions of these By-Laws, the Articles of Incorporation, or the Declaration; d) declare the office of a Member of the Board of Directors to be vacant in event such Member shall be absent from three (3) consecutive regular meetings of the Board of Directors;and e) employ a Manager, an independent contractor, or such other employees or agents as they deem necessary, and to prescribe their duties. Any management contract entered into by the Developer on behalf of the Association shall not bind the Association unless said contract contains a reasonable employment term and a right of termination by the Association without penalty, and upon notice of ninety (90) days or less. Section 2: Duties. It shall be the duty of the Board of Directors to: a) cause to be kept a complete record of all of its acts and corporate affairs and to present a statement thereof to the Members at the annual meeting of the Members or any special meeting when such statement is requested in writing by two-thirds (2/3) of the Members who are entitled to vote; b) supervise all officers, agents, and employees of this Association, and to see that there duties are properly performed; 6 c) as more fully provided in the Declaration to: 1) fix the amount of the annual or special assessment against each Lot at least thirty (30) days in advance (or the first installment of either, if such contribution or assessment is to be made in installments); 2) send written notice of annual or special assessments to every Owner subject thereto at least thirty (30) days in advance of the due date of such annual or special (or the first installment of either, if such contribution or assessment is to be made in installments); 3) take all reasonable steps to obtain payment of annual or special assessments (or installments of either) which are not paid within thirty (30) days of their due date, including, without limitation (where such action is required in the Board's judgment), enforcing the Associations lien rights against the delinquent Owners Lot and bringing any legal action against the Owner personally obligated to pay the same, or both; and 4) cause a roster of Lots to be prepared, stating the amount of the annual and special assessments applicable thereto, on which roster shall be reported each payment of such contributions and assessments when received; such roster is to be kept in the office of the Association and to be open to inspection by any Member and any First Mortgagee during regular business hours. d) issue, or cause an appropriate officer or collection agent designated by the Board to issue, upon demand by any Member or First Mortgagee, a certificate setting forth whether or not all assessments (or installments thereof) against such Lot which are then due and payable have been paid as of the date of such certificate. A reasonable charge may be made by the Board for the issuance of such certificates. If a certificate states that an annual or special assessment (or an installment of either) has been paid, such certificate shall be conclusive evidence of such payment; e) cause a roster of First Mortgagee to be prepared and maintained in a current manner, which roster shall contain the names of all First Mortgagee's, and the addresses to which notices to such First 7 Mortgagee's are to be sent, and shall indemnify the Lots which are subject to the first mortgages held by such Mortgagee's; f) procure and maintain liability, casualty,. and hazard insurance on property owned by the Association, a fidelity bond or insurance policy covering all persons who are Director's or Officers , liability insurance for the Directors and Officers of the Association, if available, and such other insurance as the Board of Directors shall deem to be necessary or desirable in carrying out its responsibilities under the Declaration; g) cause all officers or employees having fiscal responsibilities to be bonded or insured, as it may deem appropriate; h) cause the Common Area and Common Facilities to be maintained, operated and managed. ARTICLE IX Officers and their Duties Section 1: Enumeration of Officers. The officers of the Association shall be a President, Vice-President, who shall at all times be Members of the Board of Directors, a Secretary, and Treasurer, and such other officers as the Board may from time to time by resolution create. Section 2: Election of Officers. The officers shall be elected by majority vote of the Directors at the first meeting of the Board of Directors following each annual meeting of the Members except that the initial Board of Directors named in the Articles of Incorporation shall elect the initial officers of the Association at the first meeting of such Board of Directors. Section 3: Term. The officers of the Association shall be elected annually by the Board and (with the exception of the initial officers who shall serve only until the first meeting of the Board after the first annual meeting of the Members) each shall hold office for one (1) year unless he shall sooner resign, or shall be removed, or shall be otherwise disqualified to serve. Section 4: Special Appointments. The Board may appoint such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may, from time to time determine. 8 Section 5: Resignation and Removal. Any officer may be removed from office with or without cause by the Board. Any officer may resign at any time by giving notice thereof to the Board, the President, or the Secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and the acceptance of such resignation shall not be necessary to make it effective. Section 6: Vacancies. A vacancy in any office may be filled by appointment by the Board. The officer appointment to such vacancy shall serve for the remainder of the term of the officer he replaces. Section 7: Multiple Officers. The offices of Secretary and Treasurer may be held by the same person. Section 8: Duties. The duties of the officers are as follows: a) President. The President shall preside all meetings of the Board of Directors, shall see that orders and resolutions of the Board of Directors are carried out, shall have the power to sign all leases, mortgages, deeds, and other written instruments on behalf of the Association, and shall co-sign all checks and promissory notes of the Association. b) Vice-President. The Vice-President shall act in the place and stead of the President in the event of his absence, inability, or refusal to act, and shall exercise and discharge such other duties as may be required of him by the Board of Directors. c) Secretary-Treasurer. 1.) The Secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board of Directors and of the Members in books to be kept for that purpose; shall keep the Corporate Seal of the Association and affix it on all papers requiring said Seal; shall serve notice of meetings of the Board of Directors and of the Association together with their addresses as registered with him by such Members; and shall perform such other duties as are required by the Board. 2.) The Treasurer shall receive and deposit in appropriate Bank Accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors, provided, however, that such a resolution shall not be necessary for disbursements made in the ordinary course of business conducted within the limits of a budget adopted by the Board of Directors; shall co-sign all checks and promissory notes of the Association, provided that such checks shall also be signed by the President or the Vice- President; shall keep proper books of 9 account; shall maintain the roster of assessments referred to in Section 2 (c) (4) of Article VIII hereof and the roster of First Mortgagees referred to in Section 2 (e) of Article VIII hereof; may cause an annual audit of the Association books to be made by a certified public accountant (and shall cause an audit and provide an audited financial statement for the preceding fiscal year to all Mortgagee's who request it); shall make a written report monthly to each Director; shall cause the financial statement of the Association to be delivered to each Member prior 'to the annual meeting of the membership; shall prepare an annual budget for the forthcoming fiscal year and submit it for review and adoption by the Board of Director's;and shall deliver a copy of the adopted budget to each Member. ARTICLE X Books and Records The books, records and papers of the Association shall at all times, during reasonable business hours, be subject to inspection by any Member. The Declaration, the Articles of Incorporation, and the By-Laws of the Association shall be available for inspection by any Member from the Secretary of the Association from whom copies may be purchased at a reasonable cost. ARTICLE XI Indemnification Section 1: Indemnification of Officers and Directors. The Association shall indemnify the Officers and Directors of the Association to the full extent permitted or allowed by the laws of the State of Illinois including any person who, by reason of the fact that he is or was an Officer or Director of the Association, is made a party to any litigation, claim, suit, action, or other proceeding of any kind, against expenses (including reasonable attorney's fees), liabilities, judgments, costs, fines, penalties, amounts paid in settlement, and other losses, actually and reasonably incurred by him in connection with the defense of settlement thereof, if he acted in good faith and in a manner he reasonably believed to be in or not opposed to the best interests of the Association, and if he had no cause to believe his conduct was unlawful. No indemnification shall be made in respect of any claim or matter as to which such person shall have been adjudged to be liable for gross negligent or willful misconduct in the performance of his duty to the Association. Section 2: Indemnification Non-Exclusive. The indemnification provided hereby shall not be deemed exclusive of any other rights to which those seeking indemnification (whether or not they are officers or directors) may be 10 entitled under any law, agreement, vote of Members, or Directors or otherwise, both as to action in official capacities and as to action in other capacities, and shall continue as to a person to the benefit of the heirs, executors, and administrators of the person being so indemnified. ARTICLE XII Assessments As more fully provided for in the Declaration, each Member is obligated to pay to the Association annual and special assessments which are secured by a continuing lien upon property against which the assessment is made. Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the per annum rate equal to the lesser of the maximum allowed by law or eight percent (8%), and the Association may bring legal action against the Owner personally obligated to pay the same or foreclose the lien against his property, and interest, costs and reasonable attorneys' fees of any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot. ARTICLE XIII Amendments Section 1: Amendments. These By-Laws may be amended, at a regular or special meeting of the Members,by a vote of a majority of a quorum of Members present in person or by proxy. Section 2: Declarant's Power to Amend. A power coupled with an interest is hereby retained by and granted to Declarant, DACA GROUP, L.L.C., its successors, assigns or designees, as attorney-in-fact to amend this Declaration, the By-Laws of the Association the Articles of Incorporation of the Association, for the purpose of either or both (a) compliance with requirements of Veterans Administration, the Department of Housing and Urban Development, The Federal Home Loan Mortgage Corporation, and the Government National Mortgage Association, any successor to any of such organizations and any other federal, state or local governmental entity or agency, or (b) correcting any topographic or surveyor's error; and (c) meeting requirements of the Internal Revenue Code as now or hereafter amended; (i) relating to organizations exempt from tax or (ii) specifically exempting homeowner's associations from any 11 federal income tax; provided that Declarant shall have no obligations to cause any such amendment to be made. The acceptance of each deed, mortgage or other instrument with respect to any Lot which is subject to the Declaration shall be deemed to be a confirmation of such power to such attorney-in-fact and shall be deemed to constitute a consent and agreement to and acceptance, confirmation and ratification of all such amendments. ARTICLE XIV Miscellaneous Section 1: Fiscal Year. The fiscal year of the Association shall begin on the first day of January and end on the 31St day of December of every year, except the first fiscal year shall begin on the date of incorporation of the Association. Section 2: Captions. The paragraph captions in these By-Laws, any Table of Contents, are for convenience only and do not in any way define, limit, describe or amplify the terms and provisions of these By-Laws or the scope or intent thereof. Section 3: Inconsistencies Among Documents. In the case of any conflict between the Articles of Incorporation and these By-Laws; the Articles shall control; and in the case of any conflict between the Declaration and these By-Laws, the Declaration shall control. IN WITNESS WHEREOF, we being all of the Directors of DAN� PARK HOMEOWNERS ASSOCIATION, have hereunto set our hands this rt day of lee—[7pGPa„�►,�Y' ,2005. Frank P. Drukas President,Frank Paul Homes Managing Member, DACA Group, LLC 12 w EXHIBIT "C" IMPROVEMENT PLANS Engineering improvement plans and specifications for the Dana Park Subdivision. Said plans and specification have been duly filed with the VILLAGE and are contained in their official records. Said plans and specifications are identified as follows: Plans 1. Title: Site Improvement Plans for Dana Park Subdivision(13 Sheets Total)/Landscape Plans (4 Sheets Total) 2. Date of Preparation: July 22, 2005/July 22, 2005 3. Last Revision Date: December 05, 2005/November 23, 2005 4. Prepared by: Balsamo/Olson Engineering Company/The Olson Design Group, LLC Sheet No. 6 of of 13 (Grading Plan) on Site Improvement Plans has been reduced and is attached hereto as Exhibit C.1. EXHIBIT Cl CONNECT TO EK R0�PATH 1 k ,A pT C .1I PROP.811 TAIL PATH \ I (SEE DE FOR TYPIM SECTION) Fes. \ 1 11 11 Ay HYA.BW.,x \ i j 1 I r�n'�.10L ,BfORNOE REQUIRED:1.82 ACRE-FT 1 1 er. \ - 1 MDGE LINE 8TORAGE PROVIDED:1.82 ACRE-FT \1 1 1 I ELEV.701.0 1 --� / -----� ---- A------ _-------- ---------------±--- -- Qv 5w AWA t-s; T 'E+ �I R \050 �'s I + I TEMP / I O e � Cl) + I I I I RISERPIPE(SEE z 1= ROPOsED V /\ \ 701 7.0 ` � o/ // /■6� I 1� I FUDGELNE ( T �g0( ELEV.701.0 ENTIPN �,- I F O IN 0 s (DRY) I O 694. R6 YEAR B 699.3,, on LOT I / , r k v =701.0 LL — 'eARe� iw LANE t\ s �y 00� --- — ` -_—-- ------ ja : ---Cff = (7 D.��/ �; fa /��•-707—�.�--70�\\1 1 �-�� —�—__=r�_� R� NO 1 /�'� _— /101// "� I1p7Ip�I�.1 �.g •"{imCTs M um.m IoM 1�ON,m-—— i Exhibit"D" STORMWATER MANAGEMENT SYSTEMS MONITORING'AND MAINTENANCE PLAN The Association will be responsible for the periodic monitoring and maintenance of all stormwater storage and stormwater collection and conveyance systems and components within the limits of the Subject Property. Such systems and components include, but are not limited to, storm sewers, storm drains, inlets, catch basins, manholes and appurtenances; overland drainageways; all containment berms, diversion swales, and stormwater storage facilities; landscaping and ground cover within stormwater management facilities; and all permanent erosion and sedimentation control measures and devices and best management practices. The association shall undertake appropriate measures to monitor and maintain such facilities in accordance with the policies and procedures established under the Village of Oak Brook stormwater ordinances as amended as part of its routine maintenance operations. The program for monitoring and maintaining the stormwater management and/or stormwater conveyance facilities imposed under this plan shall include the following operations and procedures: 1. Storm sewers and other drainage structures and appurtenances including catch basins, manholes, and inlets shall be periodically cleaned and kept clear of sediment and debris, retained at the elevations, lines and grades intended, and maintained in an operable condition capable of conveying storm water runoff. 2. Swales and overland drainage ways shall be maintained to the line and grade established on the Site Improvement Plans for Dana Park Subdivision and supporting documents to convey stormwater runoff in a free and unobstructed manner. Landscape plantings,earthen fill, or other obstructions that impede the flow of stormwater shall be removed, the area shall be re- graded,and a vegetative cover shall be re-established to deter erosion. 3. The proper function of the stormwater storage basin is dependent upon maintaining both the structural integrity and the minimum elevation for the containment berms and it is also essential that the volume of potential storage available within the stormwater storage facility be preserved. Substantial re-grading, placement of earthen fill, or other earthwork operations that would change the elevation, impair the structural integrity, or diminish the volume contained within the basin are prohibited. 4. A vegetative cover around and within the stormwater storage facility and overland drainage swales is essential for the prevention of soil erosion and the deposition of sediments within the basin. The periodic replanting and replacement of vegetation shall be undertaken by the Association,when necessary,to maintain the vegetative cover. LONG TERM RIPARIAN ENVIRONMENT MAINTENANCE PLAN Exhibit D A Compensatory mitigation is required as a condition for issuing a stormwater management permit authorizing disturbance to riparian environment. The mitigation plan is intended to replace functions and values that are impacted by permitted activities. A mitigation plan generally involves restoring the disturbed environments. The following maintenance plan includes activities to promote the long-term preservation and maintenance of the on-site riparian environment as well as present who is responsible for the activities and how they will be funded. According to Title 9 of the Village Code, Storm Water, Floodplain and Sedimentation and Erosion Control Regulations ("Storm Water Regulations"), the operation and maintenance plan should address the following two (2)issues: i) Near-term maintenance, particularly to activities required within a 3-year monitoring period to ensure establishing plant communities required to maintain runoff filtering, habitat,bank stabilization, shading or other riparian values. ii) Commitment, particularly to long-term funding and responsibility for performing the recommended operation and maintenance activities. MAINTENANCE ACTIVITIES Mowed lawn dominates the existing on-site riparian environment. The proposed mitigation includes replanting the disturbed riparian environment with a native grass seed mixture, shrubs and trees. The Site landscaping Plan, prepared by The Olson Design Group, includes the seeding and planting specifications. The planted seed mix and shrubs and trees will prevent erosion and control and filter sediment from upland areas, provide a habitat corridor for fauna and flora, and promote other riparian environment values and functions. A contracted consultant will visit the site biannually post-construction to monitor the progress and health of the riparian environment mitigation. These visits are to determine if remedial measures are required and to recommend procedures to correct any deficiencies. In most cases, these deficiencies are related to the maintenance of the environments (i.e., trash, debris dumping). Consequently the following minimum maintenance activities should be completed periodically during the growing season for three years following construction of the detention and floodplain basins. 1. Site visits shall be conducted during construction to determine if erosion control measures are functioning properly and to assess the development of vegetation. Site visits will be conducted periodically during the growing season (March-October) until the areas have stabilized. 2. Debris Management: All trash, brush, grass clippings, debris, etc. shall be removed periodically from the wetland buffer and riparian environments (floodplain) and disposed of in an approved trash receptacle. 3. Invasive Non-native Weeds: Purple loosestrife, Canada thistle, cut-leaved teasel, reed Exhibit D a canary grass, common reed, common buckthorn, cattail and other invasive, non-native weeds shall be controlled mechanically through the use of mowing every six weeks during the growing season (no lower than six inches), fire (as fuels allow), application of herbicide and/or hand pulling, or a combination of these methods. SUCCESS CRITERIA 1. A temporary cover crop must be planted on all disturbed areas immediately upon completion of grading to prevent soil erosion. Within 3 months, at least 90% of the slopes, as measured by aerial coverage, will be vegetated. If the desired long-term vegetation is not planted with the temporary crop, it must be planted in the first available growing season appropriate for each species. All cover crop species must be non-persistent or native and not allelopathic. If a temporary cover crop is not planted immediately upon completion of grading, soil erosion control blanket must be installed to prevent soil erosion. 2. By the end of the third year, no area over the entire planted area greater than 0.5 square meters shall be devoid of vegetation, as measured by aerial coverage. 3. By the end of the third year, at least 50% of the vegetation present shall be native, non- invasive species, as measured by aerial coverage. COMMITMENT AND RESPONSIBILITY Declarant and Association shall be the responsible entity for the long term funding and operation of the maintenance activities for the wetland buffer and riparian environment mitigation, as described herein. Exhibit D FRED, BUCHOLZ DUPAGE COUNTY RECORDER FEB.08,2006 3:32 PM PLAT 06—33-103—015 007 PAGES R2006- 024942 (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60523-2255 RECORDED DOCUMENT TITLE PAGE Title of Document STORM SEWER EASEMENT (FIFTEEN-FOOT WIDE STORM SEWER EASEMENT) Property Address/es VACANT LAND/OAK BROOK ROAD AND MEYERS ROAD (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523.) OAK BROOK ILLINOIS 60523 Pin/s Number 06-33-103-015 Name & Address of Grantee: DACA GROUP, L.L.C. 2742 N. PAULINA CHICAGO IL 60614 Name & Address of Responsible DACA GROUP, L.L.C. Party to Receive Copy of 2742 N. PAULINA Recorded Document and Billing: CHICAGO, IL 60614 G/L Account # to be Charged: 10-1365 Prepared By: Village of Oak Brook Return T(El age of Oak Brook 1200 Oak Brook Road 00 Oak Brook Road Oak Brook, Illinois 60523 ak Brook, Illinois 60523 Name & Address of Grantor and VILLAGE OF OAK BROOK Recipient of Consideration: 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60523 STORM SEWER EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the Village of Oak Brook, an Illinois municipal corporation whose address for purposes of this instrument is 1200 Oak Brook Road, Oak Brook, IL 60523, GRANTOR, for good and valuable consideration to it paid by DACA GROUP, L.L.C., FEIN #20-002-1405, whose address for purposes of this instrument is 2742 N. Pauhna, Chicago, IL 60614, GRANTEE, does hereby grant unto the Grantee, subject to the terms and conditions hereinafter set forth, a non-exclusive permanent EASEMENT for the purpose of constructing and maintaining an underground stormwater/drainage system under and across the following premises, situated in DuPage County, State of Illinois (the "Easement Premises') described in Exhibit "A" attached and made a part of hereto. RESERVING, however, unto the Grantor, its successors and assigns, the right to enter upon and use said Easement Premises for such purposes as are not inconsistent with or unreasonably interfere with the purposes of such EASEMENT and Grantee's use thereof. The foregoing non-exclusive easement grant is made subject to and limited by, the following express conditions: 1. The Grantee shall bear the total cost of removal, relocation or reconstruction of any and all facilities, the removal, relocation or reconstruction of which may be made necessary by reason of Grantee's use of said Easement Premises. 2. All construction work performed by or on behalf of Grantee on the Easement Premises shall be paid for by Grantee, and the Easement Premises shall be restored by Grantee to the reasonably same condition as when Grantee entered upon same,in a workmanlike manner. 3. The EASEMENT herein granted shall be non-exclusive and the Grantor reserves the right to use said Easement Premises for all purposes that do not unreasonably interfere with the operation and enjoyment of the EASEMENT herein granted. 4. This grant of easement is made and executed by the Grantor subject to all easements and restrictions of record. 5. The Grantee or its contractor(s) shall determine if any utility service is buried anywhere on the Easement Premises by contacting the Joint Utility Locating for Excavators (J.U.L.I.E.) service provided by utility companies, cable or other appropriate utility service provider prior to beginning any work on the Easement Premises and take all actions necessary during the construction and maintenance of the pipelines for the EASEMENT to assure that there is no adverse impact on said utility services on the Easement Premises. 6. Any and all permits and consents of any kind or nature whatsoever arising in connection with Grantee's use of the Easement Premises shall be applied for and fees therefore paid by Grantee. Grantor agrees to reasonably cooperate with Grantee relative to any such permit application, including Grantor signing appropriate applications for Grantee's use of the Easement Premises in accordance herewith. Construction plans of the pipelines upon the Easement Premises shall be subject to the prior approval and inspection of Grantor which shall be evidenced only by the written consent delivered by Grantor which consent shall not be unreasonably withheld. 7. Nothing herein contained shall be deemed to authorize or empower the Grantee, its successors or assigns,to create or cause any liens or encumbrances or other charges against,or to otherwise affect the title of the Easement Premises covered by this EASEMENT or to the adjoining premises of which the Grantor is the owner of record title. Grantee agrees to indemnify, hold harmless and defend Grantor, its agents, servants and employees from and against any and all claims, damages, or liability for injuries to persons or property of any nature sustained by reason of the construction, installation, maintenance or repair of facilities on the Easement Premises or other use by Grantee of the Easement Premises or such use by any agents, employees,invitees or guest of Grantee. 8. In the event of a violation of the terms and conditions hereof by Grantee hereunder, and if such is not cured within 30 days after written notice to Grantee then the Grantor may resort to any remedy available at law and equity to enforce the provisions of this Easement. In addition, in the event of a final judicial determination of violation, the Grantee shall be obligated to pay all costs and expenses, including but not limited to reasonable attorneys'fees,incurred by the Grantor in enforcing the obligations of the Grantee hereunder. 9. The EASEMENT granted herein is granted without warranty,express or implied. No damages shall be recoverable from Grantor because of any dispossession of the Grantee or because of failure of,or defect in,Grantor's title. 10. Notices. All notices or other communications required or permitted hereunder shall be in writing (including "fax' communications) and shall be deemed to have been given when delivered personally or mailed by registered or certified mail, postage prepaid or by fax as follows: If to Grantor: Village of Oak Brook 1200 Oak Brook Road Oak Brook,IL 60523 ATTN: Village Manager If to Grantee: Frank P.Drukas Frank Paul Homes 1220 Heatherton Drive Naperville,IL 60563 Attn: Frank Drukas Fax: (630)848-1741 With a copy to: John H.Brechin Law Offices of John H. Brechin 619 S.Addison Road Addison,Illinois 60101 Fax: (630)834-4966 or to such other address as may have been furnished by like notice to the other parties to this 2 • r , Easement. 11. This Agreement shall be construed and governed under the laws of the State of Illinois. Venue for any lawsuit brought to enforce the terms hereof shall be in the Circuit Court in Wheaton,DuPage County,Illinois. IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed by its authorized officers, and the corporate seal affixed on the day of lh* day of 2009.(� GRANTOR: age of Oak Brook,Illinois y. r By: OF U Attest: --- ACCEPTED by GRANTEE: DACA GROUP L.C. By: 44� Managing Partner I 3 STATE OF ILLINOIS ) SS COUNTY OF DUPAGE) 1,the and r igned,a Notar Public in and for the County and State aforesaid,Do Hereby Certify that ll. a 4AJ name)the V LL464- /��24s(D4��(title)of the Village of Oak Brook,and jAj X- u. (name)the ✓1Lw+ '� "'k—(title)of the Village of Oak Brook,thereof,personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such President and Secretary,respectively,appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act, and as the free and voluntary act of said Village for the uses and purposes therein set forth;and the said President and Secretary did also then and there acknowledge that he/she,as custodian of the seal of said Village,did seal said instrument as his/her own free and voluntary act,and as the free and voluntary act of said Village,foi the uses and purposes therein set forth. Given under my hand and Notorial Seal this day of ' 2003- "OFFICIAL / Rosemary A.Kane Notary Public in an for the State of Illinois Notary Public,State of Illinois My Commission Exp.IZ109/2009 My appointment expires: 140 u*0 4 EXHIBIT"A" LEGAL DESCRIPTION FOR A FIFTEEN-FOOT WIDE STORM SEWER EASEMENT AFFECTS P.I.N. 06-33-103-015 THAT PART OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 2 IN OAK BROOK SUBDIVISION NO. 1, A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SAID SECTION 33 RECORDED AS DOCUMENT #R77-020501; THENCE NORTHERLY ALONG THE EAST LINE OF SAID LOT 2,A DISTANCE OF 247.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 2; THENCE EASTERLY ALONG THE NORTH LINE OF SAID LOT 2 EXTENDED EASTERLY, SAID NORTH LINE ALSO BEING THE SOUTH LINE OF OAK BROOK ROAD, 15.00 FEET; THENCE SOUTHERLY ALONG A LINE THAT IS PARALLEL WITH AND 15.00 FEET EAST OF (AS MEASURED AT RIGHT ANGLES THERETO)THE EAST LINE OF SAID LOT 2, A DISTANCE OF 247.00 FEET TO THE SOUTH LINE OF SAID LOT 2 EXTENDED EASTERLY; THENCE WESTERLY ALONG SAID EXTENSION OF THE SOUTH LINE OF SAID LOT 2, A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING, ALL IN DUPAGE COUNTY,ILLINOIS. I I 5 PLAT ' FRED BUCHOLZ PLAT R 2006 - 024942 Du Page County Recorder 421 North County Farm Road-Wheaton IL 60187 E B , 8 2 0 0 6 (630)407-5400 3 DATE OF : 32 PM INSTRUMENT 0000 ❑ CASH ❑ CHECK ❑ CREDIT CARD DOCUMENT TYPE: TITLE: ❑ SUBDIVISION ❑ ANNEXATION ❑ VACATION IST PARTY r ❑ DEDICATION (�❑ ORDINANCE L� EASEMENT v❑\DECLARATION 2ND PAWY. ❑ RESOLUTION LEGAL DESCRIPTION: SEC. _-y� TWP. - � RANGE — PIN NO UNIT NO SUBMITTED BY: A COMPANYING PAPERS• YES El NO BOOK AIL TO: PAGE JS NUMBER OF PAGES _ PLAT R2006 - 024942 LEGAL DESCRIPTION FOR A FIFTEEN-FOOT WIDE F E c '' L STORM SEWER EASEMENT EXHIB f C 08 , 'L 0 0 V A AFFECTS P.I.N.06-33-103-015 3 : 32 P I V I THAT PART OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 2 IN OAK BROOK SUBDIVISION NO. 1, A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SAID SECTION 33 RECORDED AS DOCUMENT #R77-020501; THENCE NORTHERLY ,?r ALONG THE EAST LINE OF SAID LOT 2,A DISTANCE OF 247.00 FEET TO THE NORTHEAST 1V CORNER OF SAID LOT 2; THENCE EASTERLY ALONG THE NORTH•LINE OF SAID LOT 2 EXTENDED EASTERLY, SAID NORTH LINE ALSO BEING THE SOUTH LINE OF OAK BROOK ROAD, 15.00 FEET; THENCE SOUTHERLY ALONG A LINE THAT IS PARALLEL WITH AND 15.00 FEET EAST OF (AS MEASURED AT RIGHT ANGLES THERETO) THE EAST SCALE 1" = 40' LINE OF SAID LOT 2, A DISTANCE OF 247.00 FEET TO THE SOUTH LINE OF SAID LOT 2 EXTENDED EASTERLY; THENCE WESTERLY ALONG SAID EXTENSION OF THE SOUTH LINE OF SAID LOT 2, A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING, ALL IN DUPAGE COUNTY,ILLINOIS. 50.00' Ln NORTH LINE OF THE 50.00'NORTHWEST 1/4 OF SECTION 33-39-11 °- 3 v 250' 1 00' 1 1 NORTHEAST CORNER 1 OF LOT 2 ; 1 1 1 6 I 1 1 I i Ln0 I I a 1 i MY O 1 1 rn~ 1 O 1 1 rn 0 1 � rn 1 0 M 1 I 1 # O I LOT-2 3� 1 z p 1 I OAK BROOK SUBDIVISION #1 j a w 1 1 P.I.N. # 06-33-103-014 Oi I (VILLAGE OF OAK BROOK PROPERTY) ^ I I 1. 1 1 1 0 EAST LINE OF LOT 2 I I / I 0 10'P.U.&D.E. 1 6.0'_1 SOUTHEAST CORNER OF j LOT 2 1 I I POINT OF BEGINNING 1 I i 6' P.U.&D.E. --•—°----j 1- ----------------- ---------•----------------J 250' (R) --- ---_PUBLIC UTILITY EASEMENT-- 1 - io'�---------------------------- 5.0 NORTH LINE OF MUELLER'S COUNTRY CLUB I rISI{)I`1 1 SUBDIVISION AS , nl {{?liIdTF>,i CLUB ati5t:t`. 1 MONUMENTED t"I!3EI{':r1.y }:l � .E?AgF-b-1-SL48MiTTED 13y � Vi t.LACrE' OF OAK 8Ro°k 12.00 OAK BRCOK� Document No. [n Gb��-tqy' OR 8ROOK �� L 05a For Details of this Filed For Record in Recorder's K � Office Of Du Page County, Illinois , �`ttitRN Tv = �farm .. R ��-.mot Vi LrLAGE OF OAK 139-WK See Doc !A — On � A J7 � �'' M MOO OAK 13Ro0K RD • 0 a49 Ltz. SKI a A-00 K � � L. (40$a 3 ft - 2005-1529 (Exhibit) DANA PARK SUBDIVISION 3111, 3113 AND 3115 MEYERS ROAD Final Plat- 4-Lot Subdivision INDEX PAGE CONTENTS 16-16.a Memorandum from Director of Community Development Kallien — Final Plat— October 11, 2005 Village Board Agenda 15-15.a Recommendation Letter from Plan Commission Chairwoman dated October 3, 2005 14-14. Plan Commission Meeting Minutes dated September 19, 2005 13 Revised Entry Feature/Gate dated September 19, 2005 (Included — Not Attached) 12 Revised Landscape Plan dated September 19, 2005 (Included — Not Attached) 11 Letter from Frank Drukas re: Sanitary Sewer System dated September 17, 2005 10 Letter from Olson Design re: Entry Gateway dated September 16, 2005 9-9.a Staff Report from Director of Community Development Kallien to Plan Commission - dated September 14, 2005 8-8.c Village Engineer Durfey Review Comments - dated September 13, 2005 7-7.a Letter from Frank Drukas re: Previous Application -dated September 12, 2005 7.b Illinois Dept. of Natural Resources Agency Action Report—dated August 30. 2005 6 Letter from Attorney Brechin re: Sanitary Sewer Easements—dated August 31, 2005 5 Resident Letter dated March 4, 2005 4 Board of Trustees Referral Meeting Minutes dated August 9, 2005 3 Referral Memo to Board of Trustees from Kallien dated Village Board Agenda August 9, 2005 2-2.c Land Improvement Standards, Subdivision Regulations, Title 14, 14-6-3.A and L. 1 Variation and Amendments, Subdivision Regulations, Title 14, 14-7-4 ******************* A Application B. Requested Variance Detail C-C.2 List of Surrounding Property Owners D Fee/Receipt E.-E.1 Signatures from 714 and 715 Midwest Club Not Objecting to the Project F. Certification G.-G.2 Subject Property Verification and Legal Description H Copy of Letter from Mr. Drukas to Mr. Falco dated May 27. 2005 1 Copy of Email from Mr. Falco's Attorney to Mr. Drukas' Attorney dated July 26, 2005 J Color Landscape Plan Rendering (Included — Not Attached) K 4 pages Included -Tree Removal Plan, Site Landscape Plan, Landscape Details Entry Feature (Included — Not Attached)—All plans dated 7/22/05 L Dana Park Subdivision— Final Plat—dated 3/19/05 (Included — Not Attached) M Lift Station (Key Files Only— Not Included) N Stormwater Management Permit (Key Files Only— Not Included) 0 Site Improvement Plans (Key Files Only— Not Included) r SUB (VISION APPLICAT N. y�0�ep o��e'p ❑ PRELIMINARY PLAT OF SUBDIVISION 0 FINAL PLAT OF SUBDIVISION FINAL PLAT OF CONSOLIDATION ❑ AND/OR PLAT OF VACATION VILLAGE of OAK BROOK ❑ ASSESSMENT PLAT SUBDIVISION 1200 OAK BROOK ROAD ❑ SUBDIVISION AMENDMENT OAK BROOK, IL 60523 AND/OR VARIATION 630-990-3045 AFT tC .xrOP, rMn � r�rl1r':I• �Il�ltr�arrmr o.x.< 1 0x t e :.i. YL y,©y yRI .�+1 1,y}y, ��M'T+ 41 MrWT SUBDIVISION TITLE Dana Park Subdivision DATE FILED 7/22/05 GENERAL LOCATION AND LEGAL ADDRESS OF PROPERTY TO BE SUBDIVIDED 3111, 3115 & 3113 Meyers ad, , East of Meyers Rd South of Oak Brook Rd. ARE YOU SEEKING ANY VARIATION(RELIEF)TO THE SUBDIVISION REGULATIONS? YES ® NO ❑ If YES, list the specific section in the Subdivision Regulations and attach a detailed explanation of the relief you are seeking: Private Street on Cara Lane PERMANENT PARCEL NO. 06-33-103-007, 06-33-103-008 & 06-33-103-033 Respectively NAME OF APPLICANT(and Billing Information) Frank Drukas PHONE (630) 926-8270 ADDRESS 1220 Heatherton Drive CITY NanPrvi 1 1 a STATE IL_ ZIP 60563 RELATIONSHIP of APPLICANT TO PROPERTY Owner of the all three said properties OWNER OF RECORD Same as Above PHONE ADDRESS CITY STATE ZIP BENEFICIARY(IES)OF TRUST N/A PHONE ADDRESS CITY STATE ZIP I(we)ce ' at all of the above statements and the statements contained in any papers or plans submitted herewith are true to the best of my(our) know) e d belief.I(we)give permission to the Village to install public hearing sign(s)on t lot frontages of the above subject property as des n the%fillage.Code. ition to the above fees,applicant ag as to reimbu Village for pub' ati sts within 30 days of billing. 7 L d Signature of Owner ate _V Signature of Applicant D e OWNERS AFFIDAVIT FOR-SUBDIVISIONS OF NOT MORE THANL FIVE 5 LOTS This plat contains the entire contiguous undeveloped land which I have an interest. 7/1 J vS Signature of Owner Dfite IDENTIFY STRUCTURES AND OTHER IMPROVEMENTS ON THE PROPERTY (Use additional paper if needed) ix 11lY IIO �; RI< 1=NTtAL COItEltIAL b 'EN SPACE TITHER TOTAL C/14T EGl0.1 NUMBER of LOTS 3 1 (street) 4 NUMBER of ACRES 3.00 0.54 3.54 NUMBER of SQUARE FEET 130,876 23,690 1154,566 rT• Dana Park Subdivision—ViQase of Oak Brook Detailed explanation of variance requested: Private street instead of public street on Cara Lane Reason: Public street requires 65' R.O.W. for local public streets. This width would impact site in that it would indirectly require more floodplain compensation excavation and impact sizes of lots. Variance to ordinance 2002-SD-RR-EXI-G. Article 14-6-3 i Names of Surrounding Property Owners Following are the names and addresses of all surrounding property owners from the property in question for a distance of approximately 250 feet in all directions.Provide a mailing label for each Property Owner listed. The number of feet occupied by all public roads,streets,alleys,and public ways have been excluded in computing the 250-foot requirement. Said names are as recorded in the office of the County Recorder of Deeds(or the Registrar of Titles of the County)and as appear from the authentic tax records of this County within 30 days of the filing of this application. (Attach additional sheets if necessary) OWNER NAME OF PROPERTY OWNER MAILING ADDRESS OF PROPERTY PROPERTY ADDRESS PERMANENT NOTICE TO APPLICANT REFER TO OAK BROOK CODE: TITLE 14-SUBDIVISION REGULATIONS All Applications must be completed and accompanied with the following: Proper fee(payable to the Village of Oak Brook),Eighteen(18) copies of the proposed subdivision(pursuant to the Plat Act maximum sheet size permitted is 30"x 36"),4 copies of Plat of Survey with Legal Description,Common Address and P.I.N. noted. (Include one copy 8112 x 11"of all plats and plans) Completed Subject Property Verification,Surrounding Property Owners form. Letter of Standing if the applicant is NOT the property owner,obtain written authorization from the owner. Note: The Permanent Index No.(P.I.N.),Legal Description and Common Address MUST all coincide All of the documents must be received prior to the 15th of the month for Plan Commission review on the third Monday of the following month.An incomplete submittal will NOT be accepted and may be returned to the applicant. Please check all items applicable: PRELIMINARY PLAT _ $50.00 per lot or$750.00 minimum** FINAL PLAT(G-289,3/24/81) x $750.00—NO IMPROVEMENTS**(Plus Plan Review&Inspection Fees,if required) AMENDMENT or VARIATION X $750.00* ASSESSMENT PLAT(12/11179) _ No Charge Public Hearing Signs x $50.00 per sign—1 sign required for each Street Frontage/Per Parcel 2 x $50= $100 *Fees do not include publication costs,which are paid for separately **$125 fee for each time extension All meetings are held in the Samuel E.Dean Board Room of the Oak Brook Village Hall,1200 Oak Brook Road PRIOR TO THE SCHEaULEI>�PLAN C4MMISSIItiN M�EI7Nts ARRL';- 11. [S TO CONTACT TWIE VILLAGE-EN61NEeR(63tf«9S0�3rC1"ID)pN©'RElUEST.THE'STATUS`t�F TWI:PLI1T REVIIEW—/kLLOWINIr FOR: SUFFICIENT TIMIS TO NSUBMIT PUtT and 1#COr'll*S WITW (>4 NEChSS/►fOt II1bbITIONS OR CgRRECTIONS. ----.__.._-_...........DO...NOT-IAI.RITE-.1N...THIS...SP- CE-.--FAR-.GF...F10E...USE.A 3KLY......._._._....................._._..____......_.........._._._.._........................................................._......... p' .td Elt w z C8 P #fake=File d Y � " I� rnlion` Bb�rd ofrTruste r �d 5�. rft:ARlfu�r�A�s � r dam, i f OF SIGN -v�I�lr4 Ct K .. • • Names of Surrounding Property Owners: PROPERTY NAME OF ADDRESS OF PROPERTY ADDRESS P.I.N.# O PROPERTY - Dean&Priscilla Smith 010 S. Meyers Road 010 S. Meyers Road 6—28—301 —003 Oak Brook,IL 60523 ak Brook, IL 60523 Joseph&R Panzarino 919 38th Street 024 Meyers Road 6—28—301 —005 ak Brook, IL 60523 ak Brook, IL 60523 George Gatto 009 Meyers Road Byers Ridge 6-28-306-001 C Brook, IL 60523 ak Brook, IL 60523 Rekha Mehra 015 Meyers Road 3015 Meyers Road 6-28-306-003 ak Brook,IL 60523 Oak Brook, IL 60523 Zareena Abbas 021 Meyers Road 3021 Meyers Road 6-28-306-004 ak Brook, IL 60523 Oak Brook, IL 60523 Joseph&R Panzarino 919 38th Street 048 Meyers Road 6-28-301 -006 ak Brook, IL 60523 ak Brook, IL 60523 Wamiq&Farhana Khan 810 W. Oakbrook Road 810 Oak Brook Drive 6-28-307-005 ak Brook, IL 60523 ak Brook, IL 60523 Philip I. Haugaard 012 Oak Brook Drive 3012 Oak Brook Drive 6-28-307-009 ak Brook, IL 60523 Dak Brook, IL 60523 Abelardo&Omelia Garcia 03 N. 17th Avenue Vleyers&Oakbrook Rdli 6-33-100-006 elrose Park, IL 60160 Dak Brook, IL 60523 Denise Monaco 023 W. 31 st Street 3110 Meyers Road 6-33-100-007 Oak Brook, IL 60523 Dak Brook, IL 60523 Lawrence Wise White Oak Lane Oak 3000 White Oak bane 6—33—100-008 ak Brook, IL 60523 ak Brook, IL 60523 000 White Oak Lane awrence Wise HBH Trust L-1330 ak Brook, IL 60523 000 White Oak Lane 6—33—100—012 Oak Brook, IL 60523 Reuben Ramkissoon 011 White Oak Lane 3011 White Oak Lane 6—33—101 —006 Oak Brook, IL 60523 ak Brook, IL 60523 Aryun&Neelam Batra 200 Meyers Road 3200 Meyers Road )6—33—101 —019 Oak Brook, IL 60523 Oak Brook, IL 60523 Azmi&Sana Akhras 210 Meyers Road 13210 Meyers Road 6—33—101 —020 Oak Brook, IL 60523 Oak Brook, IL 60523 • 0 Names of Surrounding Property Owners: PROPERTY NAME OF ADDRESS OF PROPERTY ADDRESS P.I.N.# O PROPERTY Village of Oak Brook 200 Oak Brook Road - 1200 oak Brook Road 06—33—103—013 ak Brook,IL 60523 Oak Brook, IL 60523 Village of Oak Brook 200 Oak Brook Road 1200 Oak Brook Road 06—33—103—014 ak Brook, IL 60523 Oak Brook, IL 60523 Subhash Sahni 13 Midwest Club 713 Midwest Club 06-33-103-018 akbrook, IL 60523 Oak Brook,IL 60523 Brigitte M. Bende 14 Midwest Club 714 Midwest Club 06-33—103—019 8k Brook, IL 60523 Oak Brook, IL 60523 LaSalle Nad Bank Chicago S. LaSalle,IL 606003 3 135 715 Midwest Club 06—33—103—020 Tr B7900121442 , Oak Brook, IL 60523 Manishkumar Gandhi 16 Midwest Club Court Nina Gandhi Trust 06—33—103—021 ak Brook, IL 60523 716 Midwest Club Court Oak Brook, IL 60523 Zhiqiang Hu 17 Midwest Club 717 Midwest Club 06—33—103—022 ak Brook, IL 60523 Oak Brook, IL 60523 Louis&P A Duerinck 718 Midwest Club 718 Midwest Club 06—33—103—023 Oak Brook, IL 60523 Oak Brook, IL 60523 Vito&Anna Falco 2901 Oak Brook 2901 Oak Brook 06—33—103—034 Oak Brook, IL 60523 Oak Brook, IL 60523 Hasu&Ila Kamdar 706 Midwest Club 706 Midwest Club 06—33—104—020 Oak Brook, IL 60523 Oak Brook, IL 60523 FRANK PAUL DEVELOPMENT CORPORATION oa 0211 X19 2857 1220 HEATHERTON DRIVE NAPERVILLE,IL 80563 DATE 0 PAY TO THE I/ fill. �1 ORDER OF `. . M.. o' pp LARS s •Mldrien Book and Trost Coate Hinsdale Banking Cents 44�2 1:0719229551: 04 10 2133303na 2857 r,•..._ t ._..• t--a c7 ::l rA ._.t I_ rn r•t 3' '! t l t ..1 FR PAUL July 16, 2005 H.. ® M , 'E o S Mr. & Mrs. M. Bende 714 Midwest Club Oak Brook,. IL 60523 Dear Miklos & Brigitte: Thank you for meeting with both John Brechin and'.me yesterday to review and discuss an ,Easement Agreement related. to the. development of the property located at 31.11/3113/3115 Meyers Road.in Oak.Brook. As a follow-up to our, meeting, please accept this correspondence as confirmation that Frank Paul Homes, as Managing. Member of the..DACA Group, LL C, is prepared to pay the amount of$15,000 as consideration for the grant of a Sanitary Sewer Easement and $5,000 as consideration for the grant of a Storm Water Drainage Easement as described in Exhibit "A" of the Easement Agreement. Subject to your attorney's review of the Easement Agreement, please indicate your concurrence' with the Agreement and acceptance of the aforementioned. consideration by signing where .indicated below and returning. a copy toy me. This concurrence is not your formal acceptance of the Easement Agreement, but rather, an expression of your intention to accept the Agreement upon receipt of your attorney's advice. The purpose of this correspondence is.simply to formally communicate to the Village of Oak Brook that you have no objections to the planned development project, and, in fact, are working collaboratively with Frank-Paul Homes through the granting of the Easement. Thank you for your continued support. SinjWe Regar rank P. Drukas President, Frank Paul Homes Managing Member, DACA Group, LLC Cc: John Brechin,Attorney Miklos Bende r Brigitte Bdnde FRANK PAUL H - ® --M - Ei - S July 16, 2005 Mr. & Mrs. L. Boeske 715 Midwest Club Oak Brook, IL 60523 Dear Lee & Dorothy: Thank you for meeting with both John Brechin and me yesterday to review and discuss an Easement Agreement related to the ,development of the property located at 3111/3113/3.115 Meyers Road in Oak Brook., As a follow-up to our meeting, please accept' this correspondence as Confirmation that Frank Paul-Home s, as Managing Member of the DACA Group, LLC, is prepared to pay the amount of$15,000 as consideration for.the grant of a Sanitary Sewer Easement as described in Exhibit "A" of the Easement. Agreement. Subject to your attorney's review of the Easement. Agreement, please indicate your concurrence with the Agreement and acceptance of the aforementioned consideration by signing where .indicated below and returning a copy to me. This concurrence is not your formal acceptance of the Easement Agreement, but rather, an expression of your intention to accept the Agreement upon receipt of your attorney's advice. The purpose of this correspondence is simply,to formally communicate to the Village of Oak Brook that you have no objections to the planned development project, and, in fact, are working.collaboratively with Frank Paul .Homes through the granting of the Easement. Thank you for your continued support. Si r' Regards, Frank P. Drukas President, Frank Paul Homes Managing Member, DACA Group, LLC Cc: John Brechin, Attorney L,06' Boeske f orothy Boe V� • Certification • Surrounding Property Owners I (we) certify that the names and addresses of all the surrounding property owners including mailing labels submitted with this application are located within a minimum distance of 250 feet in all directions from the perimeter of the subject property and that the number of feet occupied by all public roads, streets, alleys, and public ways has been excluded in computing the 250-foot requirement. Said names and addresses are as recorded in the office of the County Recorder of Deeds (or the Registrar of Titles of the County) and as appear from the authentic tax records of this County. The property owners as listed have been obtained from the Township Assessors office within 30 days of the filing of this application. The surrounding property owners list as submitted herewith and supporting attachments are true to the best of my(our) knowledge and belief. I (we) give permission to the Village to install public hearing sign(s) on the lot frontages of the subject property as described in the Village Code. In addition to the required application fees, applicant/owner agrees to reimburse the Village for publication costs, recording fees, and any other associated costs or fees within 30 days of billing. inted Name of Owner 7 P ' ted Name of Applicant gAs.� — s e W- /0i(,c, �2 7 t'r Signature of Owner Date Signature of Applicant Date BILL T`4 tNF©RMATi4N: Frank Paul Homes Frank Drukas (630) 926-8270 Print Name/Company Contact Person Contact Phone 1220 Heatherton Dr. , Naperville IL 60563 Address To be Billed Alternate Phone NOTE: If the applicant/ owner has not complied with these requirements and notification has not been sent to a neighboring property owner within the 250-foot requirement less than 10 days prior to the scheduled Plan Commission meeting, the hearing on this matter will be postponed to the next regular Plan Commission meeting, or until such time as all neighbors within the 250-foot requirement have been sent proper notification. SUkWt Property Verifica*n (Complete a separate form for each P.I.N.) I. Permanent Index Number(P.I.N. from Real Estate Tax Bill): 06 33 103 00� 2. Common Address: 3111 Meyers Road, Oak Brook 3. Type the Complete Legal Description Below. (Attach a separate page if longer than the area provided) Lot-.l-.. in Mueller's Country Club Subdivision of part of the east half of. the:-northwest quarter of section 33, township 39 north, range 11, east of the third principal meridian, according to the plat thereof recorded June 11, as document R68-23921, in DuPage County, Illinois The Permanent Index Number, Common Address and Legal information provided has been verified as follows: DuPage County Records/Research Room: (630-682-7398) Contact Person: Ala ry,Awl Date called: / o DuPage County Recorder's Office: (630-682-7200)• Contact Person: Date called: DuPage County Clerk's Office— Revenue Department: (630-510- Contact Person: 3376) Date called: I verify that the information provided above is accurate. s u4 Printed Name - S UdOtu re Date• �1 s- Relationship to Applicant: SubjW Property V0111 at (Complete a separate form for each P.I.N.) 1. Permanent Index Number(P.I.N. from Real Estate Tax Bill): 06 33 103 033 2. Common Address: 3. Type the Complete Legal Description Below. (Attach a separate page if longer than the area provided) Lot;a3 :'an Mueller's Country Club Subdivision of part of the east half of the northwest quarter of section_'7M, township 39 north, range 11 eastr,of the third principal meridian, according' to the plat thereof recorded June'.11, as document R68-23921, in DuPage County, Illinois The Permanent Index Number, Common Address and Legal information provided has been verified as follows: R DuPage County Records/Research Room: (630-682-7398) Contact Person: r� Date called: A,�L o DuPage County Recorder's Office: (630-682-7200) . Contact Date called: DuPage County Clerk's Office— Revenue Department: (630-510- Contact Person: 3376) Date called: I verify that the information provided above is accurate. � r � Printed Name - Si ture Date: b.�L//4 O Relationship to Applicant: Subj4W Property Verifcati• (Complete a separate form for each P.I.N.) 1. Permanent Index Number(P.I.N. from Real Estate Tax Bill): 06 33:..". 103 008— 2. Common Address: 3115 Meyers Road, Oak Brook 3. Type the Complete Legal Description Below. (Attach a separate page if longer than the area provided) Lot 2 in Mualler's Country Club Subdivision of part of the east half of -the northwest quarter of section 33, townshlu 39 north,;range 11 east of the third principal meridian, according to the plat thereof recorded June 11, as document R68-23921, in DuPage County, Illinois The Permanent Index Number, Common Address and Legal information provided has been been verified as follows: DuPage County Records/Research Room: (630-682-7398) Contact Person: /�-1AY 1 -i Date called: o A- DuPage County Recorder's Office: (630-682-7200) • Contact Person: Date called: DuPage County Clerk's Office- Revenue Department: (630-510- Contact Person: 3376) Date called: 1 verify that the information provided above is accurate. s Printed Name -S ture Date: D o� /�CA /c, Relationship to Applicant: �7n�- FROM (THU) RUG 4 2005 10T. 10;00/No. 6838460176 P 2 May 27, 2005 Mr. Vito Falco 2901 Oak Brook Road Oak Brook, IL 60523 Dear Mr. Falco: It was a pleasure to meet with you this past Monday. As we discussed, I became concerned when your son-in-law, Jim Flowers, had advised me just two days earlier that he would no longer be managing our collaborative Villas of Oak Brook subdivision design and development effort. As such, I was hopeful that you were fully apprised and in agreement with the status of this undertaking. However, you were not able to alleviate my concern by the mere fact that the essence of my discussions with Jim to-date had only been transcribed into various draft versions of an agreement, but that no definitive consensus or formal agreement had been achieved. Given that (1) these discussions were initiated more than eleven weeks ago, (2) that the most recent draft has been pondered by you and your attorney for more than approximately six weeks while I saw it for the first time only last Saturday, and (3) that I have not heard from you since our meeting to confirm any formal position, I feel that I must withdraw from this collaborative effort and any related offers and/or discussions so that I may move forward with other altematives. As such, please be advised that, effective immediately, I will be communicating with all interested parties to make arrangements to have my property be treated as a separate undertaking. I would be pleased to entertain and reconsider any other proposals that you may have; but at this juncture, such proposals will be weighed against other options available to me. Best Regards, Frank P. Drukas President Frank Paul Development Corporation d/b/a Frank Paul Homes FROM (THU)AUG 4 2005 10;4. 10 ;00/No. 6838460176 P 3 Subj: RE:Reply to Mr,Falco-David Drew Date: 726200510:22:22 AM Central Standard nme From, dan(Mdrewpc.com r To: Brechinlaw aol.com John- Consistent with the voice mail I left you this morning,Vito Falco asked me to contact you to confirm he will be resubmitting to Oak Brook for a subdivision of just his property and wishes that you continue to represent him with the City. He has had an unexpected medical issue come up and will be in contact after it is resolved. If you are contacted by the City please confirm reapplication will be made. Please call with questions. Dan Daniel D.Drew Daniel D.Drew, P.C. 1415 West 22nd Street Tower Floor Oak Brook,Illinois 60523 630-645-3810 Phone 630.845-3811 Fax danCors m-cumm E-mail This e-mail,including attachments,contains information that is confidential and it may be protected by.the attorney-dient or other privileges. This e-mail,including attachments,constitutes non-public information Intended to be conveyed only to the designated reciplent(s). If you are not an intended recipient,please delete the e-mail,including attachments,and notify sender by mail,e-mail,or at 630-645-3810. The unauthorized use,dissemination,distribution or reproduction of this e-mail,including attachments,is prohibited and may be unlawful. From: &Iolnlaw@W.com W.com(mailtn:BrechinlawQaol.00m] so*&. Friday,July 22,2005 11:13 AM To:dan6dmmPc.c0m Subiecb Fwd: Reply to Mr. Fako-David Drew JOHNH...BRECHJN Law Offices of John K Brechm 0*(63o) 834-4890 F#(63o)834-4966 email:brecWnlaw @aol.com Friday,July 29,2005 America Online:Brechinlaw • 14-7-4: VARIATIONS AND AMENDMENTS: A. Variations: The plan commission may recommend variations from the requirements of this title in specific cases which, in its opinion, are in harmony with the intent and purpose of the official plan of the village and in harmony with the spirit and intent of these regulations. Such recommendations shall be communicated to the corporate authorities and,where the land affected lies outside the corporate limits, to the appropriate governing authorities of DuPage County. The village president and board of trustees may approve variations from these requirements for subdivisions within the village limits or for those where the land affected lies within one and one-half(1 1/2)miles of the limits of the village,when, in its opinion, such variations will not be contrary to the purpose or intent of the official plan and the spirit and intent of this title. 14-6-3: LAND IMPROVEMENT STANDARDS: The following improvements and standards for those improvements are hereby required for all subdivisions in the planning jurisdiction area of the village: Streets: A paved street system designed and constructed in accordance with village standards shall be installed to serve all lots in the subdivision. 1. Comply With Official Plan: Street layout shall be in accordance with the official plan of the village and environs, or federal, state or county authorities having jurisdiction,whichever has the greater requirements. 2. Width: Minimum right of way and pavement widths shall be as follows: Thoroughfares Collector Streets Local Streets Frontage Ro Row Width 1001* 80' 66' 40'residenti 50'nonresid Residential 2 @ 24'* 32'Alternate 2 @ 20' 27' Pavement width Nonresidential 2 @ 24'* 40'* Alternate 2 @ 32' 20' Separate turn lanes required for all left turn movements Median strip 18'recommended 10' Optional (10' Optional (10' minimum (8' minimum if used) minimum if minimum @ turn used) lanes) *Additional width may be required by the village board on recommendation of the plan commission if deemed necessary to carry projected traffic loads when recommended by the village engineer and applicable county and state agencies. a. Half Streets: Half streets shall be prohibited except where essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations and where the village board finds it will be practicable to require the half when the adjoining property dedication of the other � g ert p p y is subdivided. Wherever an existing or dedicated half street is adjacent to a tract being subdivided,the other half of the street shall be platted within such tract. b. Pavement Widths: Pavement widths given are face to face of curbs. c. Roadway Pavements: Roadway pavements in cul-de-sacs shall have a minimum diameter,measured from faces of the outside curb or outside edges of roadway pavement of one hundred twenty feet(120'). Roadway pavements in T-type or other variations of the circular type terminus may be as approved by the village board on recommendation of the plan commission on a temporary basis. 3. Curbs And Gutters: Curbs and gutters shall be required and installed in accordance with the village standards and specifications in all subdivisions, provided that this requirement may be waived by the village board for good cause shown by the owner. The plan commission,when making its recommendations to the village board, shall state whether or not in its opinion such requirement should be waived. 4. Street Gradients: Minimum all streets 0.5% Maximum minor residential 9.0% Maximum all other 5.0% 5. Alignment Of Local Streets: Local streets should be so aligned that their use by through traffic will be discouraged. 6. Street Jogs: Street jogs with centerline offsets of less than one hundred twenty five feet (125') shall not be permitted. 7. Intersections: All street intersections should be at or near right angles avoiding acute angles. An intersection of more than two (2) streets shall be avoided unless specific conditions of design,preclude a different layout. 8. Residential Alleys: Alleys are not permitted in any residentially zoned areas. ate.. Subdivision Gateways: 1. May be located in the right of way of a street providing access to a subdivision (hereinafter referred to as an"access street") and on the right of way of the collector street into which such street connects, provided that the subdivision gateway does not extend more than sixty feet(60') from the centerline of the access street at the point where said centerline intersects right of way of said collector street and that said subdivision gateway is located on the right of way between the roadway and the subdivision. The subdivision gateway may be located on the access street right of way provided it conforms to all applicable ordinances, rules and regulations of the village. 2. Must be located twelve feet(12') or more from the back of the curb or edge of the pavement, if there is no curb, of the above described streets, except that portions thereof not more than forty two inches (42") above the ground may be located not less than seven feet (7') from the back of the curb or edge of the pavement, if there is no curb, of the above described street. 3. Must be three feet(3') or more from the nearest lot line of the nearest buildable lot. 4. Structures shall be not more than fifteen feet(15') in height. 5. Shall provide an acceptable sight distance and safe pathway for pedestrian and bicycle access as determined by the village engineer. Such pathways shall be at least six feet(6) wide on one or both sides of the above described street. 6. May be located on a median in the access street provided the portion on such median is not more than forty two inches (42") above the ground. 7. May have lettering not exceeding twelve inches (12") in height attached thereto identifying the subdivision, excluding the subdivision logo. 8. May include guardhouses and bays if such structures are not located in a right of way and provide adequate stacking of vehicles, screening and adequate sight distance as determined by the village engineer. 9. Must be maintained by the developer or successor homeowners pursuant to covenants running with the land acceptable to the village board. The developer or homeotive petition. (1973 Code § 3.14.060) 10. May be removed by the village at the developers' or homeowners' expense upon thirty (30) days'notice if said subdivision gateway is not being maintained to the satisfaction of the village board. The cost of such removal shall constitute a lien against the land in the subdivision for the benefit of the village. 11. If illuminated, should be illuminated so that passing traffic can readily identify these entrances as an aid in judging turning movements, as opposed to high intensity lighting. PGA OF 04kB9 v , O O d o y 00 ' �o AGENDA ITEM Regular Board of Trustees Meeting of August 9, 2005 SUBJECT: Referral- Dana Park Subdivision-Final Plat and Variation to the Subdivision Regulations ; .I FROM: Robert L. Kallien, Jr.,AICP, Community Development Director BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move to refer the request for a Final Plat of Subdivision and Variation to the Subdivision Regulations to the Plan Commission at its September 19, 2005 meeting Backuound/History: Mr. Frank Drukas, the owner of the properties at 3111, 3113 and 3115 Meyers Road has submitted an application seeking approval of a four-lot subdivision to be known as the Dana Court Subdivision. As part of this request, the applicants are seeking approval of a variation to the subdivision regulations to permit a private street. This request represents the western part of the Villas of Oak Brook Subdivision which was a joint request between Mr. Drukas and Mr. Vito Falco. Recommendation: Please refer this request to the Plan Commission at its September 19, 2005 meeting. Last saved by RKallien \\ash\users\ConiDev\GP0LANEK\1-FROM BOB\Bot-PC-ZBA\BOT-Referral-DanaPark-PPVAR.doc i act n';nt.d aiznnna R•'qo AAA A/ V • 3. President Quinlan reported that Chief of Police, Thomas Sheahan has been working on a reorganization assignment for the Police Department and as a result, Agenda Item 9.D. Police Department Organizational Structure Evaluation Recommendation will be removed from the Agenda. Chief Sheahan has announced that a formal restructure plan will be forwarded to the Board this week for their review. President Quinlan acknowledged that an award was given to the Oak Brook Fire Department for their courageous, sacrificial service that saved Barrow's Auditorium and the Billy Graham Center at Wheaton College on June 8, 2004. He announced that along with the plaque presented was a donation of$1,000 to the Oak Brook Fire Department. President Quinlan reported that there have been improvements made on the Old Butler School as part of an intergovernmental agreement with the Park District. He added that he was pleased to see the culmination of the results of the relationship with the Park Board. 4. RESIDENTNISITOR COMMENT: Mr. Al Knuth, a resident of Oak Brook, commented that he and his neighbors were pleased to see that the Board voted to settle two outstanding lawsuits at a considerable savings to the Village. He felt that this was a step to let the healing begin. He was, however, dismayed to read that there was a possible reopening of these cases. His concern was what end and cost would that serve and was distressed to hear that the cost could be upwards of$100,000. He asked that any discussion of these lawsuits be done openly in the public view. President Quinlan responded that discussion of these items in Closed Meeting is not an attempt to hide anything, but there is a necessity to do so to make sure that there is no risk or to jeopardize the Village's position in the case. He added that when litigation is complete,minutes of those meetings are released for public view. 5. APPROVAL OF MINUTES: A. REGULAR BOARD OF TRUSTEES MEETING OF JULY 26, 2005 Motion by Trustee Craig, seconded by Trustee.Kennedy,to approve the Minutes of the July 26, 2005 Regular Board of Trustees Meeting as presented. VOICE VOTE: Motion carried. 6. CONSENT AGENDA All items on the Consent Agenda are considered to be routine in nature and will be enacted in one motion. VILLAGE OF OAK BROOK Minutes Page 2 of 7 August 9, 2005 1 • 6. Motion by Trustee Craig, seconded by Trustee Sanford, to approve the Consent Agenda and authorize expenditures as presented. ROLL CALL VOTE: Ayes: 5 -Trustees Craig,Kennedy,Manofsky, Sanford and Yusuf. Nays: 0- None Absent: 1-Trustee Aktipis. Motion carried. A. Accounts Payable for Period Ending August 5,2005 - $206,323.11 Significant Items Included in Above: 1) James J. Benes&Associates—Payout#10—2005 Paving Project- $12,526.09 2) Kubiesa, Spiroff, Gosselar&Acker,P.C.—Legal Fees—July, 2005 - $14,810.00 Approval of Payroll for Pay Period Ending July 30, 2005 - $666,615.97 C. Community Development Referrals 1) Dana Park Subdivision—Final Plat with Variation to Subdivision Regulations- 3111, 3113 and 3115 Meyers Road D. Authorization to Seek Bids or Proposals or Negotiate Contracts: 1) 2006 Paving Project E. Budget Adjustments 1) Public Works .7. ITEMS REMOVED FROM CONSENT AGENDA—None presented. 8. BOARD&COMMISSION RECOMMENDATIONS: A. ORDINANCE 2005-LY-EX I-S-1 132,"AN ORDINANCE AMENDING THE REFERENCE POLICY FOR THE OAK BROOK PUBLIC LIBRARY" At the July 19, 2005 meeting of the Library Commission staff proposed amendments to the Reference Policy that were accepted by the Library Commission. This Policy was last amended and adopted by the Village of Oak Brook Board of Trustees on 1I- 25-2003 by Ordinance 2003-LY-EXI-S-1057. Motion by Trustee Kennedy, seconded by Trustee Sanford, for passage of Ordinance 2005-LY-EX I-S-1132, "An Ordinance Amending the Reference Policy for the Oak Brook Public Library". ROLL CALL VOTE: Ayes: 5 -Trustees Craig,Kennedy,Manofsky, Sanford and Yusuf. Nays: 0—None. Absent: 1 -Trustee Aktipis. Motion carried. 9. UNFINISHED BUSINESS: A. CONFIRMATION OF APPOINTMENTS—None presented. B. ORDINANCES &RESOLUTIONS—None presented. VILLAGE OF OAK BROOK Minutes Page 3 of 7 August 9, 2005 • Pvt OF 04,t*' � 90 0 O y G 0 A r - Z' V cF00UN74 Village of Oak Brook August 30,2005 1200 Oak Brook Road Oak Brook,IL 60523-2255 Dear Resident: Website www.oak-brook.org The Oak Brook Plan Commission and the Village Board will be considering a four-lot subdivision at the meetings as scheduled on the reverse side of this notice. Administration 630.990.3000 FAX 630.990.0876 The application has been filed by: Frank Drukas 1220 Heatherton Drive Community Naperville,IL 60563 Development 630.990.3045 The property in question is located at: 3111,3113 and 3115 Meyers Road FAX 630.990.3985 Engineering Relationship of applicant to property: Owner Department 630.990.3010 Name of Subdivision: Dana Park Subdivision FAX 630.990.3985 The request,which has been made,is as follows: Fire Department 630.990.3040 The a pp licant has fled a petition a pp lication seeking approval of a Final Plat of Subdivision to FAX 630.990.2392 subdivide approximately 3 acres into four lots. One lot is to be used as a private roadway(which Police Department will require a variation to the Subdivision Regulations)and the other three lots would be for new 630.990.2358 single family homes. FAX 630.990.7484 Attached to this notice is a reduced copy of the proposal for your convenience. If you would like Public Works to see a larger plan, it can be viewed at the Community Development Department between 8-4 Department Monday through Friday(excluding holidays). 630.990.3044 FAX 630.472.0223 Also shown on the reverse side of this notice is a map* of the area to assist you in determining Oak Brook your relationship to the property in question. Public Library If you desire more detailed information,please contact the Community Development Department 600 Oak Brook Road at 630-990-3045 to review the file on this application. Oak Brook,IL 60523-2200 630.990.2222 Sincerely, FAX 630.990.4509 COMMUNITY DEVELOPMENT DEPARTMENT Oak Brook Sports Core Bath&Tennis Club 700 Oak Brook Road Oak Brook,IL 60523-4600 630.990.3020 Robert L.Kal ' n,Jr. FAX 630.990.1002 Director Golf Club RLK/gp 2606 York Road Oak Brook,IL 60523-4602 630.990.3032 FAX 630.990.0245 , Dana Park Sub-3111-3115 Meyers-Final Plat-Res.ltr.doc — In accord with the provisions of the American with Disabilities Act, any individual who is in need of a reasonable accommodation in order to participate in or benefit from attendance at the public meeting should contact Jeffrey Moline,the Village's ADA Coordinator,at 630-990-5738 as soon as possible before the meeting date. All meetings are held in the Samuel E. Dean Board Room of the Oak Brook Village Hall, on Oak Brook Road (31 st Street)and Spring Road,Oak Brook,Illinois. Plan Commission....................................................... 7:30 P.M.,Monday, September 19,2005 Board of Trustees Meeting..........................................7:30 P.M.,Tuesday,October 11,2005** **Tentative r. t 4taQ Y C T. r � 0 f 17 _< Uj t rr �r r yri J %pN w GP► '( rx 1 . v0 Esc S 3f V8 AK O BROOK ROAD OF R 1 i51 a S � •,��,� n 3ZiQ �s3L j � ✓. .� �• " r 1;7L is ,. ° 35TH STREET - *Note: The map provided is only allllllllllnj2roximation of the area in question and is inteifto be used only as a visual aid to determine your relationship to the p Dana Park Sub-3111-3115 Meyers-Final Plat-Res.ltr.doc C� DANA_ PARK SUBDIVISION MONUMENT 89°2979'E WETLAND F-7 BUFFElt \ IE . I I LOT 2 I I °""°'M I I AREA = 1.=ACRE j DRAYAQ EASOW I a SZ 82' I / a N.N C� \\ LOT 3 I I I i i � \ j AREA=1.01 CRIES I I I � I I I I� II L------------- ----------- I I LOT 4 I I I x.6.12' AREA I AREA = 0.54 ACRE I I -242W I I ; l vm� um FOR A-0 77 uay enxr NONlBIf R.39.00' /f`c cr �'1� It I" I WE / N MN•E 1y ---"— I NApII - N PRIVATE ROAD LANE CAM $ "•'`' .�.r............ a '$ 261.81, d• / 5 l 4"w ^' S 09128'1r w i 50A0'(R) verE MorxrM� • Law Offices of • JOHN H. BRECHIN 619 South Addison Road Addison, Illinois 60101 Fax (630) 834 - 4890 Email (630) 834 - 4966 brechinlaw @aol .com August 31, 2005 VIA EMAIL• rkallien@oak-brook.org ONLY Mr. Robert L. Kallien Community Developer Director Village of Oak Brook-Community Development Dept. 1200 Oak Brook Road Oak Brook, IL 60523-2255 Re: Dana Park Subdivision Dear Bob, Enclosed for your information are copies of the 2 sanitary sewer easements which have been recorded to service the above-referenced proposed subdivision. As you know, the applicant is also seeking an easement from the Village of Oak Brook for the purpose of storm water management. The proposed easement will allow the applicant to best utilize the space available within the project site. The easement will allow optimal storage for stormwater and flood plain compensatory storage. The pipes running through the proposed easements will be in compliance with the Village's requirements for stormwater management. My client is prepared to offer the Village the sum of $15,000.00 for such an easement. Please advise if you need any further information on the matters referenced herein. Sincerely, John H. Brechin JHB: ssg Cc: Jiun-Guang Lin,P.E. / t0 FRANK PAUL H o ® ' M o E sS 1220 Heatherton Drive www.frankpaulhomes.com Naperville, Illinois 60563 'Fax 630.848.1741 September 12, 2005 Plan Commission Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 Dear Plan Commission Members: Thank you for your efforts and deliberation regarding the previous application for the Villas of Oak Brook subdivision. I know that substantial effort went into your review and approval; and I would like to express my appreciation for those efforts. As you know, the Villas of Oak Brook was a collaborative site design effort between Mr. Falco residing at the neighboring 2901 Oak Brook Road property and Frank Paul Development Corp. The design project was being coordinated by Jim Flowers, Mr. Falco's son-in-law; and although the design project was progressing more slowly than I expected due to a number of design considerations, I had grown a solid working relationship with him. I was also pleased with the evolving design product, which was ultimately approved by the Village. However, in the middle of the project and with only two-days notice, Jim Flowers advised me that he was withdrawing as the project coordinator for personal family reasons. This was a significant event because Jim was in the critical path of discussions directly related to a formal agreement regarding access to sewer located on the Falco property. Access to sewer was a key ingredient to the site design of the Frank Paul Development property. These discussions occurred over a five-week period and a draft agreement was under consideration for more than six-weeks with no definitive feedback from Mr. Falco. Upon meeting with Mr. Falco in the hope of maintaining some continuity in the project and reaching an agreement, I was left with the impression that Mr. Falco had not yet decided how he wanted to move forward with.the project. It became clear to me that I needed to take control of the situation by embarking on an independent (rather than collaborative) effort. I advised Mr. Falco of my intent to do so in writing on May 27th. General Management&Sales Investor Relations Interior Design frank @frankpaulhomes.com paul @frankpaulhomes.com maureen @frankpaulhomes.com 630.926.8270 773.561.7343 630.926.8264 FRANK PAUL Immediately following, I initiated a new independent site design effort which resulted in the application for the Dana Park subdivision. This subsequent design effort has resulted in considerable expense and effort; but I believe that it has maintained the integrity of the originally approved design and will produce a result in keeping with the quality and lifestyle of Oak Brook residents. I am respectfully requesting the Village's approval. Thank you again for the Plan Commission's efforts. Sincere Regards, Frank P. Drukas President Frank Paul Development Corporation d/b/a Frank Paul Homes Illinois Department of Natut�a lResources Rod t-od-R.. B.lagojeviCh, Governor Bru-- - — One Natural Resources Way-Springfield. Illinois 62702-1271 Joel n`svo`1-d-. Director http://dnr.state-11-us I:-\1-7 CONSULTATION AGENCY ACTION REPORT (Illinois Administrative Code Title 17 Part 1075) Division of Resource Review and Coordination Todd Rettig,Division manager Date Submitted: FOR DEPARTMENT USE ON�j I If this Is a resubmittal,include previous PROJ:COD EAVOD'058 DUE DATE: I O OS IDNR response If available. E E-- Applicant Frank Paul Homes Phone: (630) 926-9270 Contact Person: Fr;;nk nrilkac Fax: (630) 848-1741 Applicant Address: 1220 Heatherton Drive Email: frank @frankpaulhnmPa r•nm Naperville IL 60563 LOCATION OF PROPOSED ACTION A MAP SHOWING G L 0 CA TION OF PROPOSED ACTION IS REQUIRED Project Name: Dann 'PArk Sithdiviginn County: DuPaze Project Address(if available): 3111 City,State,Zip: Oak Brook- TL 6052'1 Township/Range/Section(e.g.T45N,R9E,S2): T39N, RUE. Brief Description of Proposed Action: 3—lot Residential Silbribrisina WI-ari-irnt-a Street for -Jou fro qnrmwqter mAnAgEment- rg.c;.q and Detention/ Floodplain Cnmppn-qqt t* Projected Start Date and End Date of Proposed Action: arl April 6 — T.,qt-P j3inp 2006 Will state funds or technical assistance support this action? [Yes I No]If Yes,the Interagency Wetland Policy Act may apply. Contact funding agency or this Division for details. Local/State Agency with Project Jurisdiction:Village of Oak Brank Contact: Robert Kallien Phone: (i;'in) 990-2'3 A7 Address: 1200 Oak Rrnc-)k Rd- - Oak Rraok,—U.-60523Fax: (930 ) 990-3985 FOR DEPARTMENT USE ONLY Are endangered/threatened species or Natural Areas present in the vicinity of the action? Yes 0 Could the proposed action adversely affect the endangered/threatened atened species or Natural Area? [Ye No Yes No Is consultation terminated? Comments: Evaluated by: Division of Resource Review & Coord ination (217)785-5500 Date Visit our website at http://dnr.state.il.us/orep/NRRC Printed on recycled and recyclable paper �P�w of 0 A��9 o d "e d N,1 G O Z V 'cF4'0UNVI VILLAGE OF OAK BROOK Interoffice Memorandum DATE: September 13, 2005 TO: Robert L. Kallien, Jr., Director of Community Development FROM: Dale L. Durfey, Jr.,P.E., Village Engineer SUBJECT: Dana Park Subdivision—Final Plat I have reviewed the final plat and accompanying documentation received on July 28, 2005 and offer the following comments: A. Final Plat 1. This plat is the reconfiguration of three existing lots into three proposed lots with a private street. The area comprises the westerly half of the previously submitted Villas of Oak Brook Subdivision(Falco Subdivision). 2. The proposed Cara Lane is Lot 4 on the plat and is a private street with curb and gutter. As a private street, all of the storm sewers and stormwater management facilities will be privately owned and maintained by the Homeowners Association in the respective covenants. 3. Many minor drafting revisions need to be made to the plat. 4. The subdivision plat will have to incorporate the vacating of certain existing easements. 5. The proposed three lots contain a buildable area and significant detention and floodplain easements in the rear. 6. The developer is proposing a variation to Section 14-6-3A to permit Cara Lane (Lot 4) to be forty-five feet of private roadway easement versus the code required sixty-six feet of public right-of-way. dana park final plat rk.doc 1 • B. Engineering Plans 1. Many drafting revisions need to be made to the plans. 2. Near the end of the review process, a detailed construction schedule must be submitted and approved. 3. Our stormwater consultant, Earth Tech, has reviewed the information and concurs in concept with the proposed design. Several details and calculations have to be revised and/or submitted for final concurrence. 4. The rear of proposed Lot 1 will contain a detention basin. The rear of proposed Lots 2 and 3 will contain floodplain compensatory storage areas. Under existing conditions, about half of the parcel is within the Ginger Creek floodplain. 5. The developer is proposing to place two discharge storm sewer pipes on the far easterly edge of the Village property to the north. One pipe is the discharge pipe from the detention basin and the other pipe is from the compensatory floodplain storage area. The Village needs to review and approve of utilizing its property for this purpose. If approved, an appropriate easement/agreement must be consummated. 6. The proposed sanitary sewer system calls for three small pump stations (one for each of the three homes) with three small force mains constructed to the existing sanitary sewer system within Court 7 of the Midwest Club Subdivision. The developer has obtained easements. This system needs to be approved by the Flagg Creek Water Reclamation District (formerly Hinsdale Sanitary District). The private sanitary sewer force mains could potentially cause concern from a locating viewpoint. For example, if work is to be done in the area of a force main and a contractor calls for a JULIE utility locate, they would not be located and could be damaged since the force mains are owned and maintained by the individual property owners who are not part of the JULIE system. This issue needs to be addressed. 7. The applicant is proposing a gate system fifty-five feet from the Meyers Road curb and gutter. This distance appears to be appropriate. A subdivision gateway will be placed on either side of the roadway near this gate and a small wall is being proposed behind a proposed sidewalk near the south property line. Additionally, a small wall is proposed southerly of the building pad for Lot 3. The applicant has been informed to provide wall details. I noticed today that the gateway does not meet the minimum distance from the back of curb as required in section 14-6-31, (7 feet per code; plans say 3" and I previously discussed 1 foot with the applicant when thinking about mailboxes) and left a message for the engineer and attorney. dana park final plat rk.doe 2 �A- 8. The plans currently depict a 6"water main which loops back on itself from Meyers Road. Staff approves of this concept since it is unknown when and if the Falco subdivision might proceed. Additionally, easily accessible looped sections of water main are preferable to Public Works rather than less accessible water mains along side and rear lot lines. C. Landscape Plans 1. The landscaping plans regarding street tree species is being reviewed by the Public Works Department. 2. The proposed fencing along Meyers Road will be a separate permit and not part of the subdivision. 3. The developer needs to decide whether the subdivision gate will be part of the subdivision improvements or not. In either event, a permit from the Community Development Department is required. 4. Several minor drafting revisions need to be made. 5. Earth Tech made several comments regarding the low profile prairie seeding mix for both the detention basin and the floodplain compensation basin which need to be addressed. 6. All proposed utilities need to be shown on the landscape plans in order to ascertain any conflicts. D. Covenants 1. Homeowner's Covenants must be drafted, reviewed and approved by the Village (typically submitted later) which need to contain such items as maintenance of the private street, private storm sewers, and detention/stormwater facilities. This would also include how the three lots will pay for these items. E. Subdivision Improvement Agreement 1. This document needs to be submitted (typically submitted later). F. Subdivision Security 1. A letter of credit or other subdivision security needs to be submitted (typically submitted later). i dana park final plat rk.doc 3 �� G. Miscellaneous 1. Since this is a reconfiguration of three existing lots into three proposed lots, it appears that school contributions per Section 14-4-7 are not required. dana park final plat rk.doc 4 �' VILLAGE OF OAK BROOK Plan Commission STAFF REPORT DATE: September 14, 2005 CASE NO: 2005-019-SR-FP-VAR DESCRIPTION: Dana Park Subdivision—3.54 acres into four-lots, three for single-family homes and one to accommodate a private street. PETITIONERS: Frank Drukas 1220 Heatherton Drive Naperville, IL 60563 LOCATION: South side of Oak Brook Road, east of Meyers Road ADDRESSES: 3111, 3113 and 3115 Meyers Road EXISTING ZONING/USE: R-2, Single-Family Detached Residence District, improved with three single-family homes. ZONINGIUSE OF SURROUNDING PROPERTY: North: R-2, Single-Family Detached Residence District, Single-family homes. South: R-3, Single-Family Detached Residence District, Single-family homes in the Midwest Club Subdivision. East: R-2 Single-Family Detached Residence District, Single-family home. West: R-2 Single-Family Detached Residence District, Single-family homes. DISCUSSION: Mr. Frank Drukas, the owner of 3.54 acres at 3111, 3113 and 3115 Meyers Road has submitted an application seeking approval of a four-lot final plat of subdivision to be known as the Dana Park Subdivision. This project was originally part of Villas of Oak Brook, which was a joint proposal between Mr. Drukas and Mr. Vito Falco (2901 Oak Brook Road) to develop eight-lots. Based on information provided by the applicant for the Dana Park Subdivision, the joint Villas of Oak Brook project will not proceed as planned. This request now encompasses the three parcels that now have access directly to Meyers Road. This subdivision will result in the creation of four-lots; three to accommodate new homes and one which will be improved with a new private street. The proposed layout for the Dana Park Subdivision is very similar to the layout that was approved in the Reflection Circle Subdivision. STAFF REPORT-FINAL PLATO VILLAS OF OAK BROOK-CASE No.2005-019-SR-FP-VAR In addition, the applicants are seeking approval of a variance to Section 14-6-3 of the Subdivision Regulations for a private street (Cara Lane) without sidewalks. The applicant is proposing an extensive vegetation of the property (see landscape plan). Village Engineer Durfey has reviewed this submittal and has summarized his comments in a September 13, 2005 memorandum(see in case file). Please see the materials provided by the petitioner in the case file for a more detailed description of this request. RESPONSIBILITIES OF HEARING BODIES: The Plan Commission has the responsibility to make a recommendation on this request to approve a final plat of subdivision. CONCLUSION: If the Plan Commission is of the opinion that the applicant has satisfied both the requirements for a final plat of subdivision as well as a variation to the Subdivision Regulations, a recommendation would be in order to approve this request as presented subject to addressing all issues raised by Village Engineer Durfey. Also, the Commission is authorized to recommend additional changes and/or modifications as they see fit. Respectfully Submitted, Ro ert L. K ien Jr., ICP Director of mmun' y Development 2 • • OLSON DESIGN GROUP, L.L.C. an September 16, 2005 Mr. Robert L. Kallien, Jr. Director of Community Development Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 RE: Dana Park Subdivision-Entry Gateway Dear Mr. Kallien: Pursuant to the Village's engineering review of 9-13-05 (B. Engineering Plans- Comment 7) that the proposed Gateway monument does not meet the minimum setback distance from the back of curb, we will be forwarding to your office on Monday morning 9-19-05 18 copies of revised Gateway plans that conform to code. It is our hope that this revision will be taken under consideration during the Monday night plan commission meeting on 9-19-05. Thank you for your consideration. Sincerely, The Olson Design Group ,Old Terence . Mach 4906 MAIN STREET, SUITE 101 LISLE, IL 60532 T: (630) 725-9800 F: (630) 725-9803 ID . A.... � �xueankgone �±t pw ITle, lltnai l° a ( yak Birk, IL 6D2 atrt » ± mrri+ tle t have re�t�err►r+ d Ali� k�le1trnet� reh rarr� i�n a aria wertam r thet�thhhns u k eyr and tka n 1�Vt+ ratic�r~ 3tt�ct. � ultila �tg �h th+�rr eng�Me r rig.$U:p � �1�i� l n, e r rr �rEa t tha ed r� ! tppttsa�sh >rtrd to � r I the pr��at rtry err f� mains �n a 5 �`111nt, Jt1�li � r Basarnisprlr� arllg stf7a 0 he tha /'_lray� edus �,r{{ r# ef t �iar ray Tanirr the :Purr irank,l �1rukas .Fran �a i^r�i1 .PclU(�'i3rr GHeeteralianercint&SInvrelapng 1ririi�r T fi aik+ fr�rik��uonnc csi pxultnkpulhnxuetta ►xurc�a+ rp� rirx :aczm f} 33Q 7 7 X17# 3t3Z MINUTES OF THE SEPTEMBER 19, 2005 SPECIAL MEETING OF THE PLAN COMMISSION OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON OCTOBER 17, 2005. CALL TO ORDER 1. CALL TO ORDER: The Special Meeting of the Plan Commission was called to order by Chairwoman Payovich in the Samuel E. Dean Board Room of the Butler Government Center at 8:05 p.m. 2. ROLL CALL: ROLL CALL Gail Polanek called the roll with the following persons PRESENT: Chairwoman Barbara Payovich, Members Paul Adrian, Gopal Lalmalani, Moin Saiyed and Gerald Wolin IN ATTENDANCE: Jeffrey Kennedy, Trustee; Robert Kallien, Director of Community Development; Dale Durfey, Village Engineer; and Peggy O'Connell, Assistant Village Attorney 3. APPROVAL OF MINUTES: MINUTES REGULAR PLAN COMMISSION MEETING OF JUNE 20, 2005 Motion by Member Wolin, seconded by Member Adrian to approve the minutes of the June 20, 2005 Regular Plan Commission meeting as written and waive the full reading thereof. VOICE VOTE: Motion Carried. REGULAR PLAN COMMISSION MEETING OF JULY 18, 2005 Motion by Member Wolin, seconded by Member Saiyed to approve the minutes of the July 18, 2005 Plan Commission meeting as written and waive the full reading thereof. VOICE VOTE: Motion Carried. 4. UNFINISHED BUSINESS UNFINISHED BUSINESS There was no unfinished business to discuss. NEW BUSINESS 5. NEW BUSINESS A. DANA PARK SUBDIVISION — 3111 3113 and 3115 MEYERS ROAD — DANA PARK SUB - 3111, 3113 and 3115 FOUR-LOT SUBDIVISION — FINAL PLAT OF SUBDIVISION AND MEYERS — 4-LOT VARIATION TO THE SUBDIVISION REGULATIONS SUB — FINAL PLAT AND VARIATION TO THE SUB BEGS VILLAGE OF OAK BROOK Special Plan Commission Minutes Page 1 of 14 September 19, 2005 1� John Brechin, Attorney for Frank Drukas, the applicant and owner of the subject property,briefly reviewed the prior requests that were before the Plan Commission. Originally, there was a subdivision proposed for the east half of the property by Jim Flowers and after its review the Plan Commission recommended denial. When the matter went to the Village Board at that time Mr. Drukas met with Mr. Flowers and they proposed a collaborative effort known as the Villas of Oak Brook Subdivision. The proposal incorporated four lots owned by Vito Falco and three lots owned by Mr. Drukas that was reviewed and approved by the Plan Commission and ultimately approved by the Village Board. Correspondence has been submitted from Mr. Drukas indicating that shortly after Village approval, Mr. Flowers left the project and Mr. Falco had not decided how to proceed. Mr. Drukas made the conscious decision that he wanted to move forward with development of his property. What the applicant has proposed is in substantial conformance with what was approved. It is essentially the west half of the approved Villas of Oak Brook Subdivision. The roadway and the lots are substantially the same and the same size. The two major differences are where they have accommodated the stormwater detention and compensatory storage. It was shared between the two property owners and is now obligated to be taken care of entirely on this site. The Village's review of the stormwater management plan show that they are fully in conformance with the ordinance. Presently, there are 3 single-family residences on the property and the plan is for 3 new single-family residences and to incorporate the stormwater detention and the compensatory storage for the flood plain. The property is 3.55 acres. The out lot, Cara Lane is .54 acres and all three of the proposed buildable lots meet the one acre requirement for the R-2 District. Because the sanitary sewer would have been required to excavate a very lengthy area, they have opted to go with 3 forced mains, which will service the 3 lots to connect to a sewer in the Midwest Club Subdivision. The Flagg Creek Water Reclamation District (formerly the Hinsdale Sanitary District) has reviewed it and is comfortable that it is an appropriate plan. Forced mains are needed because of the gravity differential and one of the things that will be incorporated into the construction is a generator for each of the houses so if there is a power failure, the sewer system would still work. The private roadway known as Cara Lane will be gated. The design incorporates a change from the original Villas subdivision. The roadway was moved 11 feet to the north at the request of the neighbors in the Midwest Club who also requested that the roadway be gated to minimize traffic. The roadway in terms of pavement width and turning radius for the cul-de-sac conforms to the Village requirements. VILLAGE OF OAK BROOK Special Plan Commission Minutes Page 2 of 14 September 19, 2005 There will be decorative iron fencing along Meyers Road with lighting on top the stone pillars that will be done pursuant to a building permit, which is separate and apart from the subdivision request. They will be making a very good effort to make the visual sides of the subdivision very attractive for all concerned. There will also be a subdivision monument gateway and Village Engineer Durfey's memo pointed out that they do not meet some Subdivision Regulation requirements. That document has been revised so that it conforms to the requirements for setback as set forth in the Subdivision Gateway regulations. One minor alteration was made to the Village's bike path, which dips slightly into the lot. They are going to put it back out into the public right of way. In addition, as a good safety aspect there will be pathways adjacent to Cara Lane so as to provide pedestrians the ability to move onto the property without conflicting with vehicular traffic. They think it is a good safety aspect and would also be an aesthetically pleasing amenity. The subdivision is consistent with the Villas Subdivision that was approved by the Village but for the location and sizing of the storm water detention and flood plain compensatory storage and the different provision for sanitary sewer. He compared the lots sizes that were previously approved on the Villas Subdivision Plat and compared it to the lot sizes that are proposed. Using the net buildable lot area, this means the net area taking away the required front, side and rear yard and anything that is devoted primarily to stormwater detention or floodplain compensatory storage. Lot 1 in the Villas Subdivision had 8174 square feet of net buildable area and under the proposed plan has 8365 square feet. Lot 2 had 8679 square feet and the proposed has 8437 square feet. Lot 3 had 10,459 square feet and the proposed has 8391 square feet. The basic reason for that difference is because under the previous Villas plan they were able to utilize a portion of the neighbor's property for detention of water, which obviously they cannot use now so it requires a modest reduction in the buildable area. The net buildable area under the approved plan was 27,312 square feet, which is substantially similar to what they are proposing. They believe they have been very consistent with the previously approved plan. The footprint for the typical home would have a first floor ground area coverage of a little less than 3000 square feet with a total home size around 6000 square feet. Since the building pads exceed 8000 square feet they are covering less than 50% of the net buildable area with the first floor. There will be significant room for any desired improvements or amenities in terms of accessory uses. They are requesting three variations. 1. To waive the requirement for sidewalks in light of the existing pedestrian VILLAGE OF OAK BROOK Special Plan Commission Minutes Page 3 of 14 September 19, 2005 bicycle path that surrounds the property on the west and north 2. To allow a private street. They think the nature and character of the street serves only three lots and renders making it private a compelling reason so that the Village Public Works Dept. would not have to maintain a small private street. 3. To allow a reduction of the required right-of-way from sixty-six feet (66') to forty-five feet (45') and that would allow them to significantly landscape along the south property line, which was the suggestion of the neighbors. There will be significant landscaping as well as berming. He displayed a conceptual plan that showed how homes might look on the site. The cul-de-sac center will be landscaped with plantings and the gateway will be approximately 55 feet back from Meyers Road. A typical 18-wheeler is 52 feet long so it is believed that 55 feet would easily accommodate 4 or 5 traditional passenger vehicles and should provide a very large measure of safety. There will be pedestrian pathways on both sides of Cara Lane so that the residents can utilize it. In the prior subdivision they had two actively wet areas storing water. Both the stormwater detention and the compensatory storage proposed will be dry bottom, so there will not be an influx and out flux of water or some of the maintenance issues. There is going to be an extensive landscape plan throughout the property, which has had a preliminary review by the village. He reviewed the entrance way and the cul-de-sac. They have eliminated any conflict between pedestrians and vehicles and it is very aesthetically pleasing. The fence will go along Meyers Road and up through the north property line. No one in the audience spoke in support or in opposition to the request. Member Wolin asked if the property flooded in 1987 at the time of the big flood. Mr. Brechin responded that back in 1987 he was Village Manager and he was not aware of many properties that did not have water in some way, shape or form. The Village's well house site did in fact have water, but he did not know if the subject property had water. The proposed improvements within conformance to the provisions of the ordinance tremendously minimize that possibility. Member Adrian questioned the reduction in the right-of-way width. Mr. Brechin responded that it was in a Mot subdivision there is no reason to expand the roadway became it will always be no more than 3 homes. Member Lamalani questioned if there was a median on Meyers Road when you come out of Cara Lane. Mr. Brechin responded that there is no median. Presently there are 2 curb cuts in front of the homes that will be reduced to 1 curb cut to be located at Cara Lane. VILLAGE OF OAK BROOK Special Plan Commission Minutes Page 4 of 14 September 19, 2005 Member Adrian said that the plan shows a portion of the bike path to be relocated and questioned whether it was necessary to contact the Bike Path Committee regarding the proposed change and if change was okay from an engineering standpoint. Village Engineer Durfey responded that the committee has been disbanded and indicated that it was okay from an engineering standpoint. Assistant Village Attorney O'Connell asked if the neighbors south of the property had approved the concept for the private road. Mr. Brechin responded that they did not express any objections and added that they were pleased with what is proposed. He added that they were concerned about the possibility of traffic and the fact that the road is proposed to be private should have a positive impact on diminishing traffic. Director of Community Development Kallien noted that there are 3 existing houses on the site that are small by Oak Brook standard. Because of the flood plain delineation there is very little opportunity for those houses to be upgraded or replaced without some type of action by the Village. In his opinion, the applicant has shown a development pattern that really works around a lot of significant obstacles that most properties do not have. They are yielding an opportunity to replace 3 outdated houses with three modern houses that are very consistent with the neighborhood. Member Saiyed questioned issues of the Julie system and the Flagg Creek Reclamation District. Mr. Brechin responded that Flagg Creek has reviewed the forced mains and they did not have a problem with it and believe it is the most appropriate way. Many sanitary districts or villages would prefer that they have the maintenance responsibility since each of the forced mains only services a single lot. They do not have a problem with that and they will be prepared to talk to Flagg Creek as to the Julie situation and assume that they will in some way take upon a notification responsibility for those lines. He suggested that in addition they may want to include some sort of active notice in their subdivision covenants because the most likely people to do any work in that area would be the residents of the Dana Park Subdivision so if it is in the covenants that would be a backstop against what Julie might and might not do. Village Engineer Durfey referred to Item 5 in his memorandum on page 8.a of the case file and asked for an explanation regarding the proposal for using the Village property for the two pipes. Mr. Brechin responded that the pipes would discharge the water on the subdivision property that naturally flows down to the Village's property and would allow it to be done in a more orderly fashion. In correspondence to the village they are prepared to give the village $15,000 for the VILLAGE OF OAK BROOK Special Plan Commission Minutes Page 5 of 14 September 19, 2005 right to utilize the area to put the pipe in. The pipe will be augured so there will not be any surface disturbance and no actual disturbance to the wetlands. The ability to maintain the flow and not need to maintain slopes or take away garbage debris will be a benefit to both the Village as well as the subdivision residents because it will be a self-executing system as opposed to relying on overland flow and the vagaries of vegetation that grows, etc. Chairwoman Payovich asked Village Engineer Durfey if there was a detriment created from an engineering standpoint. Village Engineer Durfey responded that he believes it is just a policy issue and did not see it as a detriment. Member Wolin said that he did not think it was a serious problem, however, without the pipe there would be water flowing all across the lots and the pipe would allow it to come out of one spot. Village Engineer Durfey responded, roughly, yes. Member Wolin asked how the water would get from there to where it is supposed to go. Village Engineer Durfey responded that the water would go into the pipes underground and would flow into the lake on the south side of 31 st Street. Chairwoman Payovich asked what the donation to the Village was for. Mr. Brechin responded that it was their best effort at thinking of a reasonable amount. There is no surface alteration; there is no obligation for maintenance on the part of the Village. It helps them and they believe that it would help the Village. If the Village has another number in mind they would listen to that. Chairwoman Payovich said that the pipes are going to be on private land and the discharge is going to be on Village property but the Village would not have any maintenance associated with the pipes. Mr. Brechin responded that they are prepared to assume all or as much of the maintenance obligation as the Village would want them to, which is a policy question for the Village to answer. They are prepared to take up the responsibility for it totally. It is in their best interest to make sure that it works so that the water flows. Director of Community Development Kallien asked Village Engineer Durfey if the issue would be memorialized by the Village Board, who would ultimately act on it; and that it would be contained in the Subdivision Improvement Agreement. Village Engineer Durfey responded that was correct. Mr. Brechin said that he would suspect it would be contained within a separate easement document so that it would be very hard for someone to miss. The agreement would state something that if their obligation would be breached, then the Village would have the right but not the obligation to undertake the maintenance and to lien the property,which would only be appropriate. VILLAGE OF OAK BROOK Special Plan Commission Minutes Page 6 of 14 September 19, 2005 • • . i that like man thins there are pluses and minuses to this Member Wolin said y g p proposal. There are big pluses that allow the removal of three small homes to be replaced with homes that are more in keeping with the area. The existing homes are on lower property and subject to flooding and sooner or later there will be another large rain. The new homes will be built on higher ground than they are now so the odds of flooding are significantly reduced if not eliminated. On the minus side because the property is largely in the flood plain and some of it cannot be used in a way that may like to use your property because much of the area is detention basin or compensatory storage. There can be a few trees located there but not much more can be done. There are benefits but there are some areas that are not as desirable as they could be. Motion by Member Wolin, seconded by Member Lalmalani to recommend approval of the request from Frank Drukas, applicant and owner of the properties at 3111, 3113 and 3115 Meyers Road for a four-lot final plat of subdivision and variation to the Subdivision Regulations as proposed. In making this recommendation, the Plan Commission wishes it to be recognized that the subject property has substantial flood plain resulting in a significant portion of the property with dedicated basins and compensatory storage areas, and states further: 1. The proposed land subdivision creates four lots that are in substantial conformance to the approved preliminary plat for the Villas of Oak Brook; 2. The proposed building envelopes stormwater management -areas are in substantial conformance with the approved preliminary plat; 3. The proposed lots conform to the underlying zoning district of R-2; 4. The proposed subdivision satisfies all requirements for a final plat of subdivision as contained in the Village of Oak Brook Subdivision Regulations; 5. The design of the proposed subdivision is in keeping with the surrounding neighborhood and does not negatively impact any adjacent property; 6. Subject to the approval of the Earth Tech review of the landscape plans with the detention basins and compensatory storage areas. 7. Subject to the conditions contained in Village Engineer Durfey's memorandum dated September 13, 2005; 8. Approval of the requested variations as follows: Waiver of requirement for sidewalks, allow the private street, Cara Lane and allow the reduction of the right of way width from 66 feet to 45 feet as requested; and 9. The Plan Commission does not object to the requested easement from the Village for the purpose of stormwater management and floodplain compensatory as proposed by the applicant for the sum of $15,000 and will comply with Village requirements for stormwater management and VILLAGE OF OAK BROOK Special Plan Commission Minutes Page 7 of 14 September 19, 2005 all maintenance is to be assumed by the subdivision. ROLL CALL VOTE: Ayes: 5 —Members Adrian, Lalmalani, Saiyed, Wolin and Chairwoman Payovich Nays: 0—None. Absent: 2—Members Iyer and Tropinski. Motion Carried. 5. B. DUKE REALTY LLC PARTNERSHIP — 2000 YORK ROAD — MAP DUKE REALTY LLC —2000 YORK RD— AMENDMENT— ORA-1 to 0-4 DISTRICT—TITLE 13 OF THE VILLAGE MAP AMENDMENT CODE—ZONING ORDINANCE -ORA-I to 0-4 DISTRICT—ZO Director of Community Development Kallien said that around 6-7 years ago the John Buck Company owned property at 2001 York Road as well as property just south of the subject property and worked with the Village to enact a new zoning district, which was called the 0-4 District. The 0-4 District was set up to allow for slightly greater density and higher building heights in specific areas. One of the areas identified for the appropriate application for the 0-4 District was in the vicinity of the petitioner's property which is north of 22nd Street both on the east and west sides of York Road and south of the tollway ramp that runs to I-294. At that time, the John Buck Company built on the east side of York Road located at 2001 York Road, a 5-story office building which is zoned 0-4. It is anticipated that there will be some additional development on that site. Also, the John Buck property located on the northwest corner of 22nd and York is currently zoned 0-4. The applicant has property in close proximity and is seeking similar zoning. Steven Schnur and Johana Vargas with Duke Realty said that they are seeking rezoning of the property from ORA-1 to 0-4. Duke Realty purchased the property, which is known as the CLTV building in June of 2005. CLTV is the major tenant in the building and there are about ten other small tenants. Currently the building is about 90% leased and most of the leases expire prior to mid 2008, which includes CLTV's lease as well. They looked at the 2000 York Road property and were attracted to it from its identity on the tollway, the Oak Brook address and what John Buck has been able to accomplish on 2001 York Road. They proposed a map amendment in order to increase the density on the property for, if and when, the tenants vacate sometime after mid 2008. They would develop something along the lines of what has been constructed to the east of the building. They are looking at two 6-story office buildings, about 190,000 square feet each with a parking deck behind it. Getting off of I-88 coming eastbound you would come right up to the main entrance of the property. The plan provided was conceptual in nature, but they think that this sort of density would be needed to make it work. They believe it would be a benefit to the community and surrounding property owners. CLTV has a very nice studio but the building was built in the 1960's and has a big interior truck court. The building is fairly outdated and in some respects obsolete in today's market. VILLAGE OF OAK BROOK Special Plan Commission Minutes Page 8 of 14 September 19, 2005 They talked to the property owner to the south and made them well aware of what is being planned and also talked to them about the property they own along Salt Creek and they do not have any plans at this time. John Buck's long term plans for their building to the south is probably to redevelop that property as well. That is also their vision for this property, which is a long-term office redevelopment. They think this plan is consistent after talking with the village prior to purchasing the property. No one in the audience spoke in support or in opposition to the request. Director of Community Development Kallien said that when you look at the ORA- 1 District versus the 0-4 District the only appreciable difference is that ORA-1 is limited to a maximum F.A.R. of.48 and a maximum building height of 5 stories. The 0-4 District allows a slightly higher F.A.R. of.8 and allows up to 8 stories. It basically permits for a slightly greater opportunity for redevelopment, which is consistent with what the Plan Commission has been speaking about and what the Village Board has been discussing in terms of an overall redevelopment effort for the Village and this paves the way. The market will ultimately determine when these buildings would ever be built,but it does provide for the opportunity to make that happen. Mr. Schnur added that CLTV is obviously a major employer in the community and has a right to renew its lease in the building. If they chose to renew it they have the right to do so and in which case, the building would stay as it is for as long as their lease allows. They are not trying to run them out of Oak Brook. Director of Community Development Kallien asked if there would ever be an opportunity to include CLTV as part of the redevelopment. Mr. Schnur responded, yes, that they would entertain that. Member Wolin said that it looks like a win-win for everyone. He added that there was a comment in the file regarding a big demand for Class A office development in this area and asked if that were true. Mr. Schnur responded that office statistics indicate that the east end of the corridor is fairly tight especially on new developments. John Buck and the Hines building which was developed on Commerce Drive are fully leased assets. The next newest development is the Lincoln Center in Oakbrook Terrace and Highland Landmark in Downers Grove; all of that is very well leased. They are the newer Class A buildings for a variety of reasons and that market is fairly tight. Member Saiyed said that he would like to see the development as soon as possible, but that was based upon CLTV lease renewal. He asked how long that would be if they renewed their lease. VILLAGE OF OAK BROOK Special Plan Commission Minutes Page 9 of 14 September 19, 2005 Mr. Schnur responded that it has not been discussed yet. They have the right to renew the lease for five years and they currently occupy about 65% of the building. They are a good user for the building; they park the big satellite trucks inside and if they ever left, he doesn't know who would ever use it. CLTV knows the long term plans for the property because Duke has not been secretive about it. CLTV also knows that they have the right to renew their lease if they so choose. Member Saiyed asked if it could see redevelopment in the next several years. Mr. Schnur responded that they would like that and that the current lease goes until April of 2008. Assistant Village Attorney O'Connell asked if CLTV chose to renew the lease at what point would the shortest period of time for expiration be required for them to notify Duke. Mr. Schnur responded that their lease provides for a 5-year renewal option and they would provide them with notice a year prior to that. Member Saiyed said that if the demand for Class A would allow for up to an 8- story building, why would they take a 5-story building and make it a 6-story building instead of building 8 stories. Mr. Schnur responded that they would not want to overpopulate the site. They think that would be the right mix along with multi-story parking. Member Saiyed asked if they meet the parking space requirements. Director of Community Development Kallien said that the current minimum parking ratio is 3.3 spaces per 1,000 square feet. All of the recent projects have had parking ratios ranging from 4.5 to 5; that is in fact what the market calls for. He would expect that Duke would provide the same amount of parking. Ms. Vargas added that the parking space issue would be determined at the time of site plan review. Member Lalmalani noted that a little further north of the property in the town of Elmhurst they are building a new hospital and it would be likely that they would be in need of office space. Director of Community Development Kallien said that the area within the arc of 22°a Street and I-88 is ripe for redevelopment and as time goes on and as the Village proceeds with its analysis of the corridor these areas will be prime sites for redevelopment and developers will be coming to the Village for a variety of different things. John Buck requested a change a few years ago, now Duke has requested a change and in the future there will be others. VILLAGE OF OAK BROOK Special Plan Commission Minutes Page 10 of 14 September 19, 2005 Motion by Member Saiyed, seconded by Member Wolin Adrian to recommend approval of a map amendment to rezone the property located at 2000 York Road from ORA-1 to 0-4 as requested. In making this recommendation, the Commission finds that the applicant has met the requirements for approval of a map amendment. ROLL CALL VOTE: Ayes: 5 —Members Adrian, Lalmalani, Saiyed, Wolin and Chairwoman Payovich Nays: 0—None. Absent: 2—Members Iyer and Tropinski. Motion Carried. 6. OTHER BUSINESS OTHER BUSINESS Chairwoman Payovich said that the Commission would continue the discussion of teardown requirements. Director of Community Development Kallien recapped that in July at the urging of Member Wolin he presented a number of ideas relative to teardowns as it relates to residential structures. Oak Brook has been somewhat lucky up to this point because there are much larger properties and the housing is relatively newer so that we have not been impacted by the sheer number of teardowns in other towns like Elmhurst and Hinsdale that has had thousands of teardowns, Downers Grove, Naperville and so forth. In an attempt to be proactive and address some issues that have recently surfaced he has proposed a number of things that the board should consider enacting. It would allow us to better control the impact of teardowns. The list is rather bland in terms of its overall impact, but it will help to lessen the impact on the neighbors. The best practices of other municipalities were reviewed and identified as to what was working successfully and the appropriate language has been prepared. 1. Fencing. We currently do not have a hard and fast requirement to fence properties but we strongly urge them to do so. The McDonald's property cooperated by puttin up a fence when they constructed the building on Spring Road and 22" Street. We want to memorialize that to make sure a site is safe. 2. Litter. There have been recent problems where houses are built in the middle of developed areas and there has been a problem with litter and controlling the site in terms of cleanliness. This needs to be memorialized as to what the expectation is and put it into writing so that the applicant and the landowner keep the property orderly. 3. Because the area is rather developed, the impact of building a 20,000 square foot home is immense. There are many workers involved in these projects with many cars and vehicles on the site. We need to make sure that the VILLAGE OF OAK BROOK Special Plan Commission Minutes Page 11 of 14 September 19, 2005 • • roadways are kept open for emergency vehicles and normal traffic. A plan needs to be developed to make sure that the parking of the cars does not conflict with the other use of the property. 4. Sanitation Facilities. Most construction sites put up a port a potty and we would like to memorialize it to make sure it is put in the right location and maintained. 5. Silt Fencing. As part of the Public Works Standards it is required. Some times people ask where it is specifically located in the Code and he would like to make sure that it is easily located. He said that these items do not need to be in the Zoning Ordinance and he would recommend all these items be placed in the Villages Building Regulations. When they are located there they are much easier adopted and cane be updated on a regular basis. When something is in the Zoning Ordinance it tends to go through a more lengthy review period and the hearing process is slightly more difficult. 6. Wet Saw. All new homes involve the cutting of stone and brick and it does impact the neighbors. If a wet saw is required it would help to eliminate the amount of dust. 7. Dust Abatement. Whenever a building is demolished, especially when it is knocked down there is a lot of dust and debris that goes up into the air. There are ways to mitigate that with the application of water. 8. Written Notice. A number of communities have done this. It can be rather traumatic in established areas when a house is taken down in a very developed area and it causes conflict. In Hinsdale they make the applicant send a notice to the neighbors to let them know they are applying for a demolition permit and can deal with village staff to air any concerns. 9. Bonds. There have been some problems with contractors/owners that demolish a house and then do not finish the project. In Ginger Creek there are two locations that a house was taken down and construction never proceeded past the demolition. Something needs to be added to the code that would provide a little encouragement, such as penalties. If the work is not proceeding within certain time limits then it may cost more in terms of fees and fines, which is more than reasonable. If the work is completed, the bonds would be refunded. 10. Demolition Permit Bonds. Hinsdale and Downers Grove require a cash bond for a demolition permit. If the project does not go forward then the Village has some funds available to renovate the site. It is very consistent with the Public Work Standards with the requirement for a right of way bond. It gives the village some opportunity to correct a worst-case scenario. If the money is not utilized, and the project works to completion the money would be refunded. The residents in Ginger Creek said that they would be VILLAGE OF OAK BROOK Special Plan Commission Minutes Page 12 of 14 September 19, 2005 1--- 2 • very interested in this. 11. Tree Preservation. When there is a teardown, many times the property is somewhat vegetated. A house was demolished on Canterberry and York and the first inclination was to clear the entire buildable area and then build the home. There were probably a couple of trees within that area that may have been prematurely taken down. When someone comes in for a demolition permit he would like the opportunity to look on the property to see if larger trees exist and if there would be a way to maintain a few of them. It is too easy to wipe the slate clean and it is hard to replace a 12 or a 16-inch tree. A lot of what has been proposed is common sense and gives the village a little more ammo when dealing with some of these issues. As time progresses we have the opportunity to strengthen the regulations or make them more lenient. Member Wolin said that Director of Community Development Kallien has done a very good piece of work and has hit the high points without getting overly complicated and still outlining all of the key points. He recommended, if agreed that they ask the village attorneys to draft up the language in the building code or whatever location is most appropriate. It might be a good idea to review a dollar amount in terms of the cash bonds. Village Engineer Durfey said the cash right of way bond is $2,000. If a new home is being built on a lot that is less than one acre there is a $5,000 erosion control bond and if it is more than one acre then it is $10,000. There are also some things in the ordinance that can be meld into this. Director of Community Development Kallien said that with property becoming sparser most of what is left in terms of residential development is teardowns. When there is development on virgin property it is not an issue, but when it is in the middle of a subdivision, such as Trinity Lakes it can have a big impact. There is one in Ginger Creek that was torn down several years ago and they cannot get the property reconciled beyond getting the house demolished. They are now left with a property that is being marginally maintained and is a negative eyesore on the community. Member Adrian asked if the funds from the bonds would be used to maintain the property. Director of Community Development Kallien responded that we would make sure that the property is properly graded and seeded and if needed a lien could be placed on the property. There is another lot on Oak Brook Road where the house was taken down and there is an absentee landowner that cannot be found. The property has become overgrown with weeds and the basement was only partially filled in. VILLAGE OF OAK BROOK Special Plan Commission Minutes Page 13 of 14 September 19, 2005 Director of Community Development Kallien said that he would like to get something adopted soon. When there is a draft proposal it should be sent to the homeowners associations because some need our help. It was the consensus of the Plan Commission to proceed with draft language. The Village has appointed a Redevelopment Task Force which is made up of Trustees Kennedy and Sanford, Village President Quinlan, Chairwoman Payovich and Zoning Board Chairman Champ Davis, Village Manager Boehm and the Director of Community Development Kallien. There may be other committees created and as progress is made it would be proper to keep the Plan Commission up to date on any significant events. There was no other business to discuss. 7. ADJOURNMENT: ADJOURNMENT Motion by Member Saiyed, seconded by Member Wolin to adjourn the meeting at 9:10 p.m. VOICE VOTE: Motion carried. ATTEST: Robert Kallien, Di ctor o ity Development Secretary VILLAGE OF OAK BROOK Special Plan Commission Minutes Page 14 of 14 September 19, 2005 PGE OF OAKS � 90 J o ® A October 3, 2005 D y r' O 2 Village President Quinlan and Board of Trustees A 9C��OUNTV Village of Oak Brook Village of 1200 Oak Brook Road � Oak Brook Oak Brook IL 60523 1200 Oak Brook Road SUBJECT: Dana Park Subdivision 3111, 3113 and 3115 Meyers Road — Final Oak Brook,IL 60523-2255 Website Plat and Variation to the Subdivision Regulations www.oak-brook.org Administration Dear President Quinlan and Board of Trustees: 630.990.3000 FAX 630.990.0876 Background Community At its meetings on September 19, 2005, the Plan Commission completed its review Development and deliberation on the application from Mr. Frank Drukas, the owner of 3.54 acres 630.990.3045 at 3111, 3113 and 3115 Meyers Road seeking approval of a four-lot final plat of FAX 630.990.3985 subdivision to be known as the Dana Park Subdivision. This project was originally Engineering part of Villas of Oak Brook, which was a joint proposal between Mr. Drukas and Department Mr. Vito Falco (2901 Oak Brook Road) to develop eight-lots. Based on information 630.990.3010 provided by the applicant for the Dana Park Subdivision, the joint Villas of Oak FAX 630.990.3985 Brook project will not proceed as planned. Fire Department 630.990.3040 This request now encompasses the three parcels that now have access directly to FAX 630.990.2392 Meyers Road. This subdivision will result in the creation of four-lots; three to accommodate new homes and one which will be improved with a new private street. Police Department The proposed layout for the Dana Park Subdivision is very similar to the layout that 630.990.2358 FAX 630.990.7484 was approved in the Reflection Circle Subdivision. The applicant is also seeking approval of a variance to Section 14-6-3 of the Subdivision Regulations for a private Public Works street(Cara Lane)without sidewalks. Department 630.990.3044 FAX 630.472.0223 Public Comment All interested parties were notified of the Plan Commission meeting. No comments Oak Brook were received either for or against the proposed final plat of subdivision. Public Library Recommendation 600 Oak Brook Road The Plan Commission by a vote of 5 to 0 recommended approval of the request Oak Brook,IL 60523-2200 630.990.2222 from Frank Drukas, the owner of the properties at 3111, 3113 and 3115 Meyers FAX 630.990.4509 Road for a four-lot final plat of subdivision and variation to the Subdivision Regulations as proposed. In making this recommendation, the Commission wishes Oak Brook Sports Core it to be recognized that the subject property has substantial flood plain resulting in a significant portion of the property with dedicated basins and compensatory storage Bath&Tennis Club 700 Oak Brook Road areas, and states further: Oak Brook,IL 60523-4600 . The proposed land subdivision creates four lots that are in substantial 630.990.3020 p p FAX 630.990.1002 conformance to the approved preliminary plat for the Villas of Oak Brook; Golf Club 2• The proposed building envelopes stormwater management areas are in 2606 York Road substantial conformance with the approved preliminary plat; Oak Brook,1L 60523-4602 630.990.3032 3. The proposed lots conform to the underlying zoning district of R-2; FAX 630.990.0245 /V. October 3, 2005 President Quinlan and Village Board RE: Dana Park Subdivision—Final Plat Page 2 4. The proposed subdivision satisfies all requirements for a final plat of subdivision as contained in the Village of Oak Brook Subdivision Regulations; 5. The design of the proposed subdivision is in keeping with the surrounding neighborhood and does not negatively impact any adjacent property; 6. Subject to the approval of the Earth Tech review of the landscape plans with the detention basins and compensatory storage areas. 7. Subject to addressing the conditions contained in Village Engineer Durfey's memorandum dated September 13, 2005; 8. Approval of the requested variations as follows: Waiver of requirement for sidewalks, allow the private street, Cara Lane and allow the reduction of the right of way width from 66 feet to 45 feet as requested; and 9. The Plan Commission does not object to the requested easement from the Village for the purpose of stormwater management and floodplain compensatory as proposed by the applicant for the sum of$15,000 and will comply with Village requirements for stormwater management and all maintenance is to be assumed by the subdivision. Very truly yours, .4 Barbara(Lexi)Payovich Chairwoman Plan Commission I� 0 0 PG� OF Og k�9 o e e o CF GpUN-0 AGENDA ITEM Regular Board of Trustees Meeting of October 11, 2005 SUBJECT: Dana Park Subdivision 3111, 3113 and 3115 Meyers Road — Final Plat and Variation to the Subdivision Regulations FROM: Robert L. Kallien, Jr., AICP, Community Development Directorolo BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move to concur with the Plan Commission recommendation to approve the final plat of subdivision and requested variations to the Subdivision Regulations for the Dana Park Subdivision located at 3111, 3113 and 3115 Meyers Road and adopt the attached resolution. Backeround/History: At its meetings on September 19, 2005, the Plan Commission completed its review and deliberation on the application from Mr. Frank Drukas, the owner of 3.54 acres at 3111, 3113 and 3115 Meyers Road seeking approval of a four-lot final plat of subdivision to be known as the Dana Park Subdivision. This project was originally part of Villas of Oak Brook Subdivision, which was a joint proposal between Mr. Drukas and Mr. Vito Falco (2901 Oak Brook Road) to develop eight-lots. Based on information provided by the applicant for the Dana Park Subdivision, the joint Villas of Oak Brook project will not proceed as planned. This request now encompasses the three parcels that now have access directly to Meyers Road. This subdivision will result in the creation of four-lots; three to accommodate new homes and one which will be improved with a new private street. The proposed layout for the Dana Park Subdivision is substantially similar to the layout that was approved in the Villas of Oak Brook Subdivision. The applicant is also seeking approval of a variance to Section 14-6-3 of the Subdivision Regulations for a private street (Cara Lane)without sidewalks Last saved by RKallien \\ash\Users\ComDev\GP0LANEK\1-FROM BOB\Bot-PC-ZBA\BOT-Rec-DanaPark-FP.doc {�� Recommendation: The Plan Commission by a vote of 5 to 0 recommended approval of the request from Frank Drukas, the owner of the properties at 3111, 3113 and 3115 Meyers Road for a four-lot final plat of subdivision and variation to the Subdivision Regulations as proposed. In making this recommendation, the Commission wishes it to be recognized that the subject property has substantial flood plain resulting in a significant portion of the property with dedicated basins and compensatory storage areas, and states further: 1. The proposed land subdivision creates four lots that are in substantial conformance to the approved preliminary plat for the Villas of Oak Brook; 2. The proposed building envelopes stormwater management areas are in substantial conformance with the approved preliminary plat; 3. The proposed lots conform to the underlying zoning district of R-2; 4. The proposed subdivision satisfies all requirements for a final plat of subdivision as contained in the Village of Oak Brook Subdivision Regulations; 5. The design of the proposed subdivision is in keeping with the surrounding neighborhood and does not negatively impact any adjacent property; 6. Subject to the approval of the Earth Tech review of the landscape plans with the detention basins and compensatory storage areas. 7. Subject to addressing the conditions contained in Village Engineer Durfey's memorandum dated September 13, 2005; 8. Approval of the requested variations as follows: waiver of requirement for sidewalks, allow the private street, Cara Lane and allow the reduction of the right of way width from 66 feet to 45 feet as requested; and 9. The Plan Commission does not object to the requested easement from the Village for the purpose of stormwater management and floodplain compensatory as proposed by the applicant for the sum of $15,000 and will comply with Village requirements for stormwater management and all maintenance is to be assumed by the subdivision. Last saved by RKallien \\ash\Users\ComDev\GPOLANEK\I-FROM BOB\Bot-PC-ZBA\BOT-Rec-DanaPark-FP.doc �� RESOLUTION 2005—SD-FP-V-R-927 A RESOLUTION APPROVING THE FINAL PLAT KNOWN AS DANA PARK SUBDIVISION AND GRANTING A WAIVER AND A VARIATION FROM THE PROVISIONS OF SECTION 14-6-3 OF TITLE 14("SUBDIVISION REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO PRIVATE STREETS AND SIDEWALKS (3111, 3113 and 3115 Meyers Road) P.I.N. #06-33-103-007, 06-33-103-008, 06-33-103-033 WHEREAS, the Plan Commission of the Village of Oak Brook, on September 1.9, 2005, recommended the approval of the proposed Dana Park Subdivision (3111, 3113 and 3115 Meyers Road); and WHEREAS, the property at 3111, 3113 and 3115 Meyers Road is legally described as follows: LOTS 1, 2 AND 3 IN MUELLER'S COUNTRY CLUB SUBDIVISION, A SUBDIVISION OF PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 11, 1968 AS DOCUMENT NO. R68-23921 IN DU PAGE COUNTY, ILLINOIS AND ALSO THE SOUTH 297 FEET OF THE NORTH 594 FEET OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPTING THEREFROM THE WEST 553.68 FEET AND THE EAST 733.32 FEET) AND (EXCEPTING ALSO THE EAST 16 AND A HALF FEET OF THE SOUTH 297 FEET OF THE NORTH 594 FEET OF THE EAST HALF OF THE NORTH WEST QUARTER OF SECTION 33, TOWNSHIP 39 NORTH, RANGE 11, EXCEPT THE WEST 553.68 FEET AND EXCEPT THE EAST 733.32 FEET), IN DU PAGE COUNTY, ILLINOIS. WHEREAS, the Village of Oak Brook has heretofore adopted an ordinance setting forth the Subdivision Regulations for the Village of Oak Brook in Title 14 of the Village Code; and WHEREAS, Section 14-7-4 of the Village Code sets forth the authority and standards for granting variations to the Subdivision Regulations; and WHEREAS, the owner of the property at 3111, 3113 and 3115 Meyers Road, Frank Drukas, has submitted a petition for a variation to Section 14-6-3E of the Subdivision Regulations relative to the requirement for paved sidewalks on both sides of each street; and WHEREAS, on September 19, 2005, the Plan Commission reviewed the petition for subdivision, variation and waivers and recommended approval of the plat, variation and waivers; and WHEREAS, in making this recommendation, the Plan Commission found that the applicant had addressed the applicable standards required for a variation to the subdivision regulations; and WHEREAS, the Plan Commission made the following specific findings: ` • Re- 2005-SD-FP-V-R-927 Approvi g Final Plat Resubdivision 3111,3113,3115 Meyers Rd., 06-33-103-007,06-33-103-008,06-33-103-033 Page 2 of 3 1. The subject property has substantial floodplain resulting in a significant portion of the property with dedicated basins and compensatory storage areas; 2. The proposed land subdivision creates four (4) lots that are in substantial conformance to the approved preliminary plat for the Villas of Oak Brook;. 3. The proposed lots conform to the underlying zoning district of R-2; 4. The proposed subdivision will satisfy all requirements for a final plat of subdivision as contained in the Village of Oak Brook Subdivision.Regulations; 5. The design of the proposed subdivision is in keeping with the surrounding neighborhood and does not negatively impact any adjacent'property; 6. Subject to the approval of the Earth Tech review of the landscape plans with the detention basins and compensatory storage areas; 7. Subject to addressing the conditions contained in Village Engineer Durfey's memorandum dated September 13, 2005; 8. Approval of the requested variation as follows: allow the private street, Cara Lane, and allow the reduction of the right-of-way width from a public sixty-six feet (66') to a private forty-five feet (45') as requested; and 9. Approval of the requested waiver of sidewalks; and 10. The Plan Commission does not object to the requested easement from the Village for the purpose of storm water management and floodplain compensatory as proposed by the applicant for the sum of$15,000.00 and will comply with Village requirements for storm water management and all maintenance is to be assumed by the subdivision. WHEREAS, the Village President and Board of Trustees have considered the recommendations and findings of the Plan Commission and concur with same. 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 Final Plat of Subdivision known as Dana Park Subdivision prepared by Arrow Todd Surveying E.D.M. &Associates, Inc., dated March 19, 2005, be and is hereby approved. Section 2: That approval of the Final Plat of the Dana Park Subdivision as per Section 1 hereof be and is hereby expressly subject to and is not effective until the following conditions are met: 1. That the final plat and final engineering plans be revised and approved by the Village Engineer; 2. Subject to addressing the conditions contained in Village Engineer Durfey's memorandum dated September 13, 2005; 3. That the applicant pay the Village $15,000.00 in exchange for an easement for storm water management pipes. The applicant shall agree to maintain said pipes in an appropriate recordable document. j Res 2005-SD-FP-V-R-927 • Approvin Final Plat Resubdivision 3111,3113,3115 Meyers Rd., 06-33-103-007,06-33-103-008,06-33-103-033 Page 3 of 3 Section 3: All requirements, conditions and standards of the Subdivision Regulations of the Village of Oak Brook shall be applicable to the subdivision and development of said Dana Park Subdivision, except as waived or varied by this Resolution. Section 4: A waiver to Section 14-6-3(E) of the Subdivision Regulations is hereby granted waiving the requirement for a sidewalk on both sides of the street. Section 5: This resolution shall be in full force and effect from and after its passage, approval and publication as required by law. Section 6: All resolutions or parts thereof in conflict with the provisions of this resolution be and the same are hereby repealed to the extent of such conflict. APPROVED THIS 11th day of October, 2005. Kevin Qt/plan Village/President PASSED THIS 11th day of October, 2005. Ayes: Trustees Aktipis Craig Kennedy Manofskv Sanford and Yusuf Nays: None Absent: None ATTEST: C �ca y o � � G /I 11 ,a moo` Linda K. Gonnella, CMC � Village Clerk � I _ ra li fk l ' 3, dL 11.01 tot 74.�`• '+5:,. , 9 f#mat I1(. �I w .. ` y'r"�`(Ty '•><n.,,, �fiC yrJ11G.. ` �.�.xk �Oei #r t (.' t f•+.� �Y ±rte - r " :t,� ... 'o.; ". f 'iii `.. MC�� I' �►`l�� 1"'�Y�. 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INFILL PLANTING TO 3 If TING VEGETATIVE BORDER SHALL BE A FIELD DETERMINED Lfb%iir43rfd(i1e Prairie Seeding SPecial Existing kapsod snag be utilizvid for me establishment of the seed matrk.if me tapsod nofizon,s mainly ciay an additive of Sterilif CONDITION AFTER IMPACTS TO UNDERSTORY MATERIAL C-vaw lod.3tatu;sdwmft Nam coma—flart. Lb The general seeding guidelines snag follow me seeding methods set forth in me Article 250.06(HDOT)using a TlUdX no till an" CAN Be"USED SUBSEQUENT 5 F�U iift burswingrass 3.10010 antler no-W dfifis)for the bottom of the been and slopes. OF UTILITIES AND ROAD IMPROVEMENTS- Hydra seeding of hand broadcasting will be used on the slopes after the around has been prepared Pnor to seeding by a UK aouwkwa lopwidua, vd. a—.gras. 2.000 hationving or held raking me top 6 inchis at sod Poor to seeding. AN seed will hayi,to be m,iiered wim erosion commit blanket(Futen o,similar). 7 F� .—a..—. 0.125 AM plantings will require W must watching with suixesslym, atenting*be done to equal I to 2 inchies at watentral per week for the first 8 bulhily.iliwl 0128 7 UK au weeks of the growing season(June Mmorgh August).Rainfall data can be mornitared to enwre suc—stul wateling. 9 UK Note: -awn nstagation and landsti,aping on the potions of the residential lots outside of me riparian area shaff be the nesiogrisibilly of the 5 FACU C—lni6 linimollia micapti. 0.506 individual builder and or home owhm 0 G20 Milt 4 UK Sollibigiin ks 0.12 1',21- UK ow�kwa | . / iAll ' | | / ` | i | > | OF -.—Ugingquilwo 2'4 a UK 32 am r ,t PILLOW BERM IQ ec = l� `, �` 3 AB D J 1 3VI fiat. _ 12 PT 10. 16 PG C., x. 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MUELLER'S COUNTRY CLUB 7 ar 5 Ml SUBDIVISION AS 6 ve \ 6 he MONUCANA LANE 4 ac 14 le eaouNa n e8btlonr 7 FO / ��, `�7 / 10 RO 3 MI 27 eu 10 RO 63 eu SOD or 10' ),00i 4 FO 5 MI ` ' 1 AC 6 VI 3 AS ` _ 5 sc 9—.C- 10 0 I e I fe to 1e =O € ENTRY FEATURE PLANTING PLAN PERENNIAL BED PLANTING PLAN - rs S SCALE:V=10' SCALE:1--5' Q W M � a I W d PLANT LIST 11C 0 04 F S'TREE'T TREES PERENNIALS.GRASSE AND GROUNDCOVER __ CODE BOTANICAL NAME COMMON NAME SIZE QUANTITY CODE BOTANICAL NAME COMMON NAME SIZE QUANTITY N AC Ater rubrum'Franks Red Red Sunset Red Maple 3 BB 4 aC AehilMa x Moonshine Moonshine Yarrow 1 gal. 10 1 1 FP Fraximrs pennsylvanica'Pafmors' Patmore Seedless Ash T BB 6 a Artemisia sehmidUana'Silver Mound' Silver Mound Wormwood 1 gal. 39 cap Eahinaces purpurea'Magnus' Magnus Purple Coneflower 1 gal. 15 = S J j SHADE TREES saw Echinacea purpurea'Allue Alba White ConeOower 1 gal 22 S O I BE BetWa nigra River Birch T BE 6 eu Euonymus fortunei'Colo abW Purple Leaf ylileterereoPe► qt. 345 CE Celtis occidentalis Common Hackberry 3"m a fe Festuca glauca'101jah Blue' Elijah Blue Fescue 1 gal. 31 E FR Fraximrs amsriaana'Autuarn Purple' Autumn Purple White Ash 3"1313 10 he Xeliatotrichon sempervirens'Sophirspruder Blue Oats Grass 1 gaL 18 j QU Quereus bicolor Swamp White Oak SIBS 8 Is LeuesMheunwm'Silver Princess' Silver Princess Shasta Daisy 1 gal. 51 mi Miscauthus sinensis war.purpuraSCAMS Flame Grass 5 gal 13 i ORNAMENT TREES __ ve Veronica'Giles Van Nees' Giles Van Hess Speedwell 1 gal. 20 } AP pear palmatrwn'Bloodgood Woodgood Japanese Maple 6'BE 7 Vol Veronica lengHolia lilac Karim' Lilac Kerins Long Leaf SpeedwNl 1 gaL 10 CO Cornus alternifoila Pagoda Dogwood T BB 11 PO Populus tremuloides Quaking Aspen T BB 2 EVERGREEN TREES i AB Abies canceler White Fir 8'Be 6 mw rw j i 10' BE 4 w.x ew ,wp a j ! TH Thule oaeidentalis Techny Techny Arborvitae 8'BB 28 E ... riuius I DECIDUOUS SHRUBS All Aronia melanoearps Black Chokeberry 3'W 15 A070 CS Cornus sericaa var.Saileyi Bailey Redosier Dogwood 3'BB 20 I FO Fothergills garderdi Dwarf Bottle Bush 5 gaL 23 i r pG Potentlaa fructicosa'Goldfingee Goldfinger Bush Cinquefoil 2'BE 32 SHEET # PT Potend"a hucticosa TangedrW Tangerine Bush Cinquefoil 2'BB 33 i RO Rosa x MMd Spies' Wild Spice Shrub Rose 3 gal. 41 3 Of 4 4 VI Viburnum rhytldophylloides'Alleghany' Allegheny Lantanaphyllum Viburnum 3'BB 16 i pb@ea-000 f cc 7 ci LOT- P.I. # 06-3 -103VO8 EITIMI P.� 70$ 04 c 7&� LOT- #(06-3(-103 08 e 1 i's 701. C A017 0 1 1101 ,F-71 C ul )E FOOTING LAYOUT MASONRY SIGN WALL CROSS SECTION A-A SIGN WALL MASONRY PIER CROSS SECTION B-B I NOTE:SEE SECTIONS TO McHT SCALE.V-T SCALE I-=r SCALE, �)UU IN LLNt I MUELLER'S COUNTRY CLI SUBDIVISION, MONUMENTI slap oowaswro axle ti • qt?. V3-- 50,00' MEYERS ROAD ENTRANCE DETAIL was aw.oE r w NOT&SEE SECTIONS TO WONT SCALE.V-10' �y rx* T-Ir rl_ r-r z SECURITY GATE MASONRY PIERS WITHIN ROAD ME DIAN CROSS SECTION C-C FENCE LINE MASONRY PIER CROSS SECTION D-0 SCALE I-=r SCALE V=r 0 0 r 2wBa � P�SLAVQ ---MR ryNCOWlDABaARMnwal KACM R.allmIAOQ W.a11WBAOQ m--mns" ULKIL31DILMUl 0 DANA PARK �r ,u 11 11 11 11 1 0 1 11111111 AMM OW -7/22/W r-r r ELEVATION OF CURVED MONUMENT SIGN AUTOMATIC DECORATIVE SECURITY GATE DECORATIVE ORNAMENTAL METAL FENCE ALONG MEYERS ROAD R.O.W. SCALE V=2' SCALE l-.r SCALE V.2' 4 - 4