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G-378 - 03/11/1986 - SUBDIVISION - Ordinances SMr30sVOS/oN C-�3�g R4/es*-,R ,4M 0N& Fomm *F ' ORDINANCE N0. G— 378 oW"�R S ORDINANCE AMENDING FORM OF OWNER'S CERTIFICATE AS SET FORTH IN APPENDIX A TO APPENDIX B (SUBDIVISION REGULATIONS) OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK WHEREAS, the Village of Oak Brook wishes to clarify further the permissible use of utility easements; and WHEREAS, the Oak Brook Plan Commission has considered this matter at a public hearing on February 17, 1986 pursuant to the provisions of Article XII, Section 2 of the Subdivision Regulations and has recommended that the Owner's Certificate be modified by stating explicitly that the Village or utility company has the right, but not the obligation, to remove obstructions from public utility easements; and WHEREAS, the corporate authorities deem the following amendment to be in the best interests of the residents of the Village of Oak Brook; NOW, BE IT ORDAINED 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 Owner's Certificate in Appendix A to Appendix B (Subdivision Regulations) is amended to read as follows: APPENDIX A TO APPENDIX B CERTIFICATES OWNER'S CERTIFICATE STATE OF ILLINOIS ) ) SS COUNTY OF DU PAGE ) 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 utility companies operating under franchise from the Village of Oak Brook including but not limited to Illinois Bell Telephone Company, Northern Illinois Gas Company, Commonwealth Edison Company, Downers Grove* or Hinsdale Sanitary District*, and their successors and assigns For the perpetual right, privilege and authority to construct, reconstruct, repair, inspect, maintain and operate various utility, transmission and distribution systems and including storm and/or sanitary sewers together with any and all necessary manholes, catch basins, connections, appliances and other structures and appurtenances as may be deemed necessary `•.- by said Village, over, upon, along, under and through said indicated easements, together with right of access across the property, for necessary men and equipment to do any of the G -377 Ordinance No. G- 378 Amending Form of Owner's Certificate Page two 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 shall be placed on said easements, 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 determine that any trees, shrubs, other vegetation or objects (hereinafter 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 owner's expense. The Village or affected utility company shall apply grass seed where the obstruction has been removed, but is not required to replace or repair any obstruction. Location of utility installations within the easement shall be subject to the approval of the Village of Oak Brook, as to design and location. All installations are subject to the ordinances of the Village of Oak Brook. `.. Address Dated this day of , 19 (*Insert only applicable agency where underlined) Section 2: That the Village Clerk is hereby authorized to record in the offices o�f the Du Page and Cook County Recorder of Deeds the following Notice which pertains to lands within the corporate boundaries of the Village of Oak Brook: N O T I C E All easements indicated as public utility easements on any plat of lands in the Village of Oak Brook are reserved for and granted to the Village of Oak Brook and to those public utility companies operating under franchise from the Village of Oak Brook including but not limited to Illinois Bell Telephone Company, Northern Illinois Gas Company, Commonwealth Edison Company, Downers Grove* or Hinsdale Sanitary District*, and their successors and assigns for the perpetual right, privilege and authority to construct, reconstruct, repair, �.. inspect, maintain and operate various utility, transmission and distribution systems and including storm and/or sanitary sewers together with any and all necessary manholes, catch basins, connections, appliances and other structures and appurtenances as may be deemed necessary by said Village, over, upon, along, under and through said indicated easements, together with right of access across the property, for necessary men 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 shall be placed on said easements, 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 determine that any trees, shrubs, other vegetation or objects (hereinafter 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 owner's expense. The Village or affected utility company shall apply grass seed where the obstruction has been removed, but is not required to replace or repair any obstruction. Location of utility installations within the easement shall be subject to the approval of the Village of Oak Brook, as to design and location. All installations are subject to the ordinances of the Village of Oak Brook. Ordinance No. G- 378 Amending Form of Owner's Certificate Page three Section 3: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. PASSED THIS 11th day of March , 1986. Ayes: Trustees Bushy, Imrie, Maher, Philip, Rush and Winters Nays: None Absent: None APPROVED THIS 11th day of March 1986. ry G f Village President ATTEST: --t VilAge Clerk Approved as to Form: a° Village Attorney Published 3/12/86 Pamphlet Form Date Paper Not Published 7 G�GF 0Ak6 ` vP qoo o �2 qC ..`yam �eouNt-4' VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS October 8, 1985 G54-2220 MEMO TO: Bruce F. Kapff, Assistant to Village Manager FROM: Dale L. Durfey, Jr. , P.E. SUBJECT: Planting of Trees in Utility Easements David Gooder's Letter of October 4, 1985 As per your request, I have reviewed Dave's letter and offer the following comments: A. Specifically- Javid residence (Lot 16, 304 Midwest Club) 1. Permit #80-1-520 signed by me on 10/07/80. 2. Grading inspection on 5/17/82 noted trees on easements as being `► unacceptable. 3. Several letters concerning the building permit deficiencies between the time of the first inspection and now. 4. Building Commissioner Clark's letter to Dr. Javid of July 23, 1985 stating that all bonds have been forfeited and a certificate of occupancy will not be issued due to incompletion of the exterior portions of the building permit. B. enerally - Trees within easements (Encroachment) 01. The concept of eliminating trees within easements was apparently generated by the fact that trees hamper the operation and maintenance of utilities within easements and, if utilities do not presently exist, hamper the future use of those easements, especially when the trees become very large. Therefore, there is reason to restrict objects from being placed within easement areas. 2. Policy established by memorandum dated 10/07/81 establishing a procedure concerning encroachments into public utility easements. 3. Policy established by memorandum dated 6/06/83 which established the procedure of the final grade inspection noting whether any trees are planted within existing easement areas. 4. Policy established by memorandum dated 11/19/84 establishing a procedure for correction of encroachments as soon as possible after they are noticed during construction of residential and commercial properties. 5. For the last couple of years, we have included the note "Trees Not Allowed Within Easements" on building permit site plans so the applicant is made fully aware of this restriction. Even with this note, some lots still place trees within easements. RA FT 6:-3 7� Mr. Bruce F. Kapff October 8, 1985 Page 2 �► 6. Village staff does have a difficult time in being made aware of trees being placed within easements. The only time in which regular inspections are made on a piece of property is when it is within a building phase and the site is inspected periodically under the building permit. The only other time we are made aware of trees within easements is by the occasional drive-by while going to another location. 7. Another problem staff has concerning keeping up with trees placed within easements is manpower. Since it is a fairly common occurrence for residences to landscape thier properties, a full-time person could devote all of his time to keeping track of encroachments and trying to rectify them. Unfortunately, a spare full-time employee is not available. Therefore, our policy is to follow-up with known encroachments only as much as our workload permits which translates into a very small percentage of our time. 8. The difficulty of enforcing the no trees within easement policy is compounded by the fact that the Homeowners Association's which review and approve landscaping plans for residential sites have not accepted the Village's position of eliminating trees within easements and have approved landscaping plans which specifically call for trees to be placed within easements. Some years ago, I contacted the Midwest Club Association and requested that they revise their policies and cooperate with the Village restriction; however, they have refused to do so It appears that several options are available to the Village Board: 1. Do nothing. Keep present policy. 2. Revise the present policy and allow trees within easements that don't house utilities, but keep the restriction for easements that do contain utilities. 3. Allow trees within all easements (this is a poor alternative in that maintenance costs would rise when maintaining underground utilities within easements) . 4. Conditionally allow trees to be placed in easements that don't contain utilities. Dave's Alternative 2 within his letter speaks to this option; however, what happens when a property owner refuses to execute a covenant to remove the trees at the owner's cost? I trust the above provides additional information that the Village Board can use to base a decision on. Respectfully submitted, P y / Dale L. Durfey, Jr., P.E. , Village Engineer DLD/etg Attach. b RgfT &-3 ' LORD, BISSELL & BROOK 115 SOUTH LASALLE STREET CHICAGO, ILLINOIS 60603 (312) 443-0700 LOS ANGELES OFFICE CABLE:LOWIRCO CGO - 3250 WILSHIRE BOULEVARD , TELEX'25-3070 LOS ANGELES,CALIFORNIA 90010 3000 Ronald Lane (213)487-70e4 �OAVID M. GOODER TELEX:18-1135 654-0561 Oak Brook, IL 60521 October 4 , 1985 President and Trustees Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60521 Re: Planting of Trees in Utility Easement Dear President Cerne and Trustees : A matter has been brought to my attention by Dr. Huahang Javid who has recently built a home in the 'Midwest Club. He has asked me to assist him in connection with the demand by the Village staff that he remove trees from utility easements on his lot. `., Dr. Javid was not aware of any restriction at the time the landscaping plan was prepared for him by Theodore Brickman Company, nor when the plan was approved by the Architectural Review Committee of the Midwest Club who did not mention it to him, nor at the time the planting of trees was actually done. Neither the Village nor any utility company desires at this time to construct utility lines on this lot. Furthermore, all lots in the subdivision are presently supplied with sewer, water and other utilities so the liklihood of any future utility line construction on the property is minimal . The difficulty arises due to the lack of notice to pur- chasers of residential lots of the Village restriction on planting trees in utility easements created by the recording of plats of ' subdivision. This restriction is not set out explicitly in title guaranty policies nor on plats of survey. The only place it appears is embedded in the "Owner' s Certificate" on the plat of subdivision. This is rarely, if ever, checked by buyers of lots or even by their attorneys. (The certificate is set forth in Appendix A to the Sub- division Regulations and a copy is attached. ) Since landscaping plans are not submitted to the Village �,taff for review there is no opportunity for them to comment. In light of the large amount of money already expended by Dr. Javid to plant substantial trees in reliance on the approval of the Architectural Review Committee and the additional cost of re- moving them, Dr. Javid would like to have permission to leave them in place on condition that he record a covenant running with the bRA -.37 1 esident and Trustees ,LORD, BISSELL & BROOK V FT/& �c 4 , 1985 Page Two land obligating him and all subsequent owners to remove the trees from utility easements in the event that the Village should determine, such removal to be necessary. �. The following two alternative approaches are available to accomplish this : Alternative 1 . A waiver for Dr. Javid by the Board of Trustees of the requirement in Appendix A upon the sug- gested condition. It should be recalled that The John Buck Company was permitted to proceed on this basis in developing the property at 1111 22nd Street. Alternative 2 . An amendment of Appendix A so that the second sentence would read as follows : "No permanent buildings (or trees) shall be placed on said easements , but same may be used for gardens, shrubs, landscaping and other purposes that do not theta or later interfere with the aforesaid uses or rights provided that any trees so planted shall be removed by the owner at no cost to the Village whenever the Village determines that such trees , or any one or more of them, interfere with the aforesaid uses or rights and a covenant is recorded setting forth said obligation of the owner. " (Note : It is suggested that the .words in O be stricken and the underlined words added. ) Under the existing circumstances the Board should feel justified in adopting one or the other of the above :alternatives and it is respectfully urged to do so. Re ec fully ours, /�T• David M. Gooder DMG:pg Encl , .1 i PAT: 6-3 7 APPENDIX TO APPENDIk CERTIFICATES , 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 i 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 utility companies operating under franchise from the Village of Oak Brook including but not limited to Illinois Bell Telephone Company, Northern Illinois Gas Company, Commonwealth Edison Company, Oak Brook Utility Company*, Downers Grove* or Hinsdale Sanitary Districts*, and their successors and assigns for the perpetual right, privilege and authority to construct, reconstruct, repair, inspect, maintain and operate' various utility, transmission and distribution systems and including storm and/or sanitary sewers together with any and all necessary manholes, catch basins, connections, appliances and other structurss and appurtenances as may be deemed necessary by said Village, over, upon, along, under and through said indicated easements, together with right of access across the property, for necessary men and equip- ment 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 the sewers or other utilities." No permanent buildings or trees shall be placed on said easements, 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. Location of utility installations within the easement shall be subject to the approval of the Village of Oak Brook, as to design and location. All installations are subject to the ordinances of the Village of Oak Brook �— Address Dated this day of _, 19— (*Insert only applicable agency where italicized) 1085 -379 VILLAGE OF OAK BROOK Minute'% - - "'-6ecember 10, 1985 To direct the Village Attorney to prepare the necessary resolution approving the Final Plat of Breakenridge Farm Unit 2, received November 7, 1985, subject to conformance with the issues addressed in memo from Engineer Durfey dated December 6, 1985 and receipt of revised Engineering Plans concurring with the recommendations to raise Adams Road in two (2) places, identifying a No-Access strip along the .Adams `. Road frontage of Lots 6 and 10, and make the necessary Plat corrections. VOICE VOTE: All present, in favor. So ordered. H. Report of Activities 1. Finance & Library: Trustee Imrie - No report. 2. Personnel: Trustee Winters - Salary Administration Plan meeting proposed for Saturday, December 14, 1985. 3. Public Safety: Trustee Bushy - Fire Department reported no structural loss for the third quarter of 1985. 4. Public Works & Traffic: Trustee Rush - Contract for traffic signal at Midwest Road has been let. Word; has not proceeded on bike trails along York Road and all areas are to be reviewed. 5. Sports Core: Trustee Maher - No report. `- 6. Zoning & Planning: Trustee Philip - No report. VI NEW BUSINESS: A. Oak Brook Park District Waiver of Fees: Request for waiver of building permit fees related to expansion of the multi-use shelter in the Central Park area. Trustee Rush moved, seconded by Trustee Imrie. . . To authorize the waiver of fees associated with the building permit as allowed per Article VIII, Section 2-226 of the Code of Ordinances. VOICE VOTE: All present, in favor. So ordered. B. Utility Easement Encroachment (304 Midwest Club Lot 16): Request from Dr. Huahang Javid to allow trees to remain in utility easement. Trustee Philip moved, seconded by Trustee Rush. . . To authorize the Village Attorney to prepare draft of amendment to Appendix A to Appendix B of the Subdivision Control Ordinance making reference that if the easement is needed for work, that trees are to be removed at the owner's expense. VOICE VOTE: All present, in favor. So ordered. C. Sorts Core Bond Abatement: Program initiated in 1979 and, reviewed annually. Trustee Imrie moved, seconded by Trustee Rush. . . To provide a taxpayer benefit by authorizing a Tax Abatement of $300,000 of the tax to be levied in 1986 for the Sports Core Bond retirement and to continue participation in the garbage pick-up of once per week, at the curb, at a cost of $184,300.00, for a total Taxpayer Benefit of $484,300.00, and that the Village Attorney be directed to prepare the necessary ordinance to effectuate same. L VOICE VOTE: All present, in favor. So ordered. VILLAGE OF OAK BROOK Minutes -5- December 10, 1985 DRAFT/G-37e vP0�0�'O�ke O '4 G H 9CFCOUNO'w VI LLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 654-2220 January 10, 1985 MEMO TO: Village President and Board of Trustees FROM: Richard A. Martens, Village Attorney SUBJECT: Obstructions in Easements Per your direction at the December 10, 1985 Village Board meeting, I have drafted the attached ordinance which clarifies permissible uses of utility easements. In the draft ordinance, the Village is given the right, but not the obligation, to remove obstructions from the utility easement at the owner's expense. In the event the Village damages or removes an obstruction in the easement, the Village is required to apply grass seed on the site, but is not required to make any further restoration. If the Board wishes to pursue this proposed amendment to our Subdivision Regulations, the Board should refer the Village application to the Plan Commission for the required public hearing. Respectfully submitted, s Richard A. Martens �.. Village Attorney RAM/jr Attachment cc: John H. Brechin, Village Manager bRAFT/G- 37T �T . 5ysn�✓�s�o,� LvvT2c� VILLAGE 01= -Old)I,NAM; rl.oUl JIM EN�` OAK. B R.0 O K _ ,i 1200 OAK BROOK ROAD APPEAL .. '3 VARIATION OAK BROOK, ILLINOIS 60521 � $100 $300 654-2220 VARIATION (--r SPECIAL USE $300 $675 APPLICATION FOR PUBLIC HEARING TO BE FILED WITH VILLAGE C AMENDMENT LERK -$659- SPECIAL USE $400 (Section 2-225, 8/11/81) ALL APPLICATIONS MUST BE ACCOMPANIED BY PROPER FEE, PLAT OF SURVEY, AND (18) COPIES OF A SCALE DRAWING, SHOWING ALL PERTINENT APPLICABLE INFORMATION, i.e. , PROPERTY LINES, EXISTING BUILDINGS, LOCATION OF PROPOSED CONSTRUCTION, ANY BUILDINGS ON ADJACENT PROPERTY WITHIN 100 FEET OF SUBJEu PROPERTY. DO NOT MITE IN THIS SPACE -- FOR OFFICE USE ONLY Dar- Filed: !y�$6 Board of Trustees Referral / Notice Published: a S 6 Newspaper: Date Adjacent Property Owners Notified: ,-A- ,Staff Referral: /L'IA' Public Hearing Dates: Plan Commission Z//7,/ $6 .. Zoning Board of Appeals Board of Trustees Z/2 Srr $6 Board of Trustees 1 86 Oppioval of Ordinance. FEE PAID: $ — Receipt No. : Received By: OL5�11 a c� Village Clerk APPLICANT' TO COMM= LOCATION OF SUBJECT PROPERTY: PERMANENT PARCEL NUMBER LOT 40. SUBDIVISION ADDRESS � 5u�nw/Sio,v •ZONING BeHI i6-ORDINANCE' SECTION ,..�j�F�. /'7 ACTION REQUESTED �isteha zva- PROPERTY INTEREST OF APPLICANT: OWNER CONTRACT PURCHASER AGENT A Ot,NER(S) OF RECORD PHONE NUMBER ADDRESS ZIP BENEFICIARY(IES) OF TRUST: PHONE NUMBER ADDRESS ZIP NAME OF APPLICAN'P PHONE NUMBER 6 Szf-2_Z20 ADTA...3S 1200 44/k- �ooeE- �r7_ ZIP g O I (we) certify that all of the above statements and the statements contained in any papers or plans submitted herewith are true to the best of my (our) knowledge and belief. r Z0- �(o si.gna .ure pplicant Date _ signature) Applicant Date -_ - - - --- - --- — �: - � _ - -.3�'�'�`�"' :may-.x'•�;r �r".'�'�..�+ ... TO APPLICANT'S _=a.ing Schedule VARIATION: MUST BE RECEIVED PRIOR TO THE FIRST OF THE MONTH FOR PUBLIC "1 HEARING ON.THE FIRST TUESDAY OF THE FOLLOWING WNTH. AMENDN ENT OR SPECIAL USE: bfJST BE RECEIVED PRIOR TO THE 1STH OF THE MONTH FOR PLAN M'\USSION HEARING ON THE THIRD MONDAY OF IHE. FOLLOWING MONTH, WITH .ZONING BOARD PUBLIC HEARING TO FOLLOW. A Variation is a zoning adjustment which permits minor changes of district require- meets where individual properties are both. harshly and uniquely burdened by the strict application of the law. The power to vary is restricted and the degree of Variation is limited to the minimum change necessary to overcome the inequality inherent in the property. . 1. A Variation recognizes that the same district requirements do not affect all properties equally; it was invented to permit minor.changes to allow hardship prop- erties to enjoy equal opportunities with properties similarly zoned. You must prove that your land is affected by special circunsrances or unusual conditions. These must result in uncommon hardship and unequal treatment under 'the strict ap- plication of the Zoning Ordinance. Where hardship conditions extend -to other prop erties a Variation cannot be granted. The remedy for general hardship is a change'" of the map or the text of the Zoning Ordinance. 2. You must prove that the combination of the Zoning Ordinance and the uncommon conditions of your property prevents you from making any reasonable use of your. land as permitted by your present ;toning district. Since zoning regulates land and not people, the following conditions cannot be considered pertinent to the applica- tion for a Variation: (1) Proof that a Variation would increase the financial re- turn from the land, (2) Personal hardship, (3) Self-imposed hardship. In the last - case, the recognition of conditions created after the enactment of the Zoning Ordi- nance would encourage and condone violation of the law. C. 3. No Variation may be granted which would adversely affect surrounding property or the general neighborhood. All Variations must be in harmony with the intent and purposes of the Zoning Ordinance. Names of Surrounding Property Owners Following are the names and addresses of surrounding property owners from the property in question for a distance of 2SO feet in all directions, and 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. Name Address i�RAT-T Cs- 379 VILLAGE OF OAK BROOK Minutes -3 January 14, 1986 ROLL CALL VOTE: Ayes: Trustees Bushy, Maher, Philip, Rush and President Cerne. Nays: None Absent: Trustee Imrie Abstain: Trustee Winters So ordered. V. OLD BUSINESS• A. 1986 Fireworks Display: Direction given at the Regular Meeting of December 10, 1985. Trustee Maher moved, seconded by Trustee Rush. . . To authorize execution of the Agreement for the display to be held on July 3, 1986 and a rain date of July 5 with Vitale Fireworks Display Company, Inc. and to authorize issuance of a check in the amount of $5,000.00 representing 50 percent of the total contract cost. ROLL CALL VOTE: Ayes: Trustees Bushy, Maher, Philip, Rush, Winters and President Cerne. Nays: None Absent: Trustee Imrie So ordered. B Ordinance Amending Form of Owner's Certificate in Subdivision Regulations: Direction given at the Regular Meeting of December 10, 1985 for Staff to prepare draft of ordinance to clarify permissible uses of utility easements. Trustee Philip moved, seconded by Trustee Winters. .. To refer this matter to the Plan Commission meeting of February 17, 1986. VOICE VOTE: All present, in favor. So ordered. C. McDonald's Lodge (2815 Jorie Boulevard): Each Trustee was in receipt of "Guidelines for Use of Lodge Facilities Under Current Village Ordinances", having been submitted to comply with direction given at the Committee-of-the-Whole Meeting of November 11, 1985. , After discussion, the report was accepted and is to be kept on file. D. Report of Activities: 1. Finance & Library: Trustee Imrie - No report. 2. Personnel: Trustee Winters - Interviews with candidates for Police Chief will soon be held. Sixty-nine resumes have been received for Sports Core Manager. Meeting scheduled with Employee Compensation and Benefit Committee for February 8, 1986. 3. Public Safety: Trustee Bushy - Fire Department training on abandoned residences at 16th Street/Monterey Avenue/Route 83. 4. Public Works & Traffic: Trustee Rush - No report. 5. Sports Core: Trustee Maher - No report. 6. Zoning & Planning: Trustee Philip - No report. VILLAGE OF OAK BROOK Minutes -3- January 14, 1986 -V\\_ DRA*FT/G-379 GOOF Ogke ,w P 90Ot O N G p v �2 9L,� `y� VILLAGE OF OAK BROOK 1200 . OAK BROOK ROAD OAK BROOK, ILLINOIS 654-2220 January 16, 1986 MEMO TO: Bruce Kapff, Assistant to Village Manager FROM: John H. Brechin, Village Manager RE: Obstructions in Easements As you know, the ordinance on the proposed amendment to our Subidivision Regulations was referred to the Plan Commission for the required public hearing. Please take care of the necessary publication. J Brechin Vill e.Manager JHB/ko U bRAFT/G- 3717 PUBLISHER'S CERTIFICATE THIS IS TO CERTIFY That the notice, a true copy of which is attached to this certificate, was published in THE DOINGS once each week for .............................. weeks sucessively; that the date * _ - of the first publication was the..................3.0.th.......................day of .._..... January....A.D., 19 .8 6., and that the date of the last publication was �s. uy.rwmwd�rctiwan« the............................. day of............................ A.D., 19...... erg uiwgr eeeeinenfa an a ow 6 r w sn+ac Md V dw AND IT IS FURTHER CERTIFIED That THE DOINGS is a secular newspaper of rc� o " general circulation, published weekly in the Villages of Hinsdale, Clarendon Hills, �.� Oak Brook,Burr Ridge,Willowbrook and City of Darien and circulated generally in fi .+a o� the Villages of Hinsdale,Clarendon Hills,Oak Brook,Burr Ridge,Willowbrook and ' + �* " ! City of Darien and adjacent unincorporated and incorporated areas,and in DuPage iii endoMiersYper. and Cook Counties, Illinois, and in other areas; that said THE DOINGS is a "newspaper" as defined by the Illinois Statutes made and provided for such situa- tions,to wit•by Section 5 of"An Act to revise the law in relation to notices,"1874,Feb. 13 ,R.S.1874,p.723,§5,as amended 1959,July 17,Laws 1959,p.1494,§1; and is also a r•..,and�e "newspaper"as defined by Section i of"An Act concerning the publication of legal _ notices,"1909,June 8,Laws 1909,p.288,§1,as amended 1927,June 29,Laws 1927,p. �, ..�rrr orauedeau�r 803,§1,and as further amended 1945,April 12,Laws 1945,p.1089,§1,and as further or amended in 1957,July 9,Laws 1957,p.2270,§1,and as further amended 1959,July 17, Laws 1959,p.1496,§1;and that said THE DOINGS has been continuously published at �r +* regular intervals of at least once each week with a minimum of 50 issues per year for � aa�o over one year prior to the first publication of the attached notice. aor 6e aublr� ', i .. IN WETNESS WHEREOF, one of the co-publishers of said THE DOINGS has affixed his hand and seal this n stied 31st............ day of ......January............. A.D. 19 86.. NoWn ' �"'oapaaie01"' Publishers Charge ..$7.1.,2 f... tlieeeat.wltweifad�d Publisher IwlbenMe{ c! ta ,.. '�+u+eo+i�savi� I DRAFT/&- 37F LEGAL NOTICE VILLAGE OF OAK BROOK DU PAGE AND COOK COUNTIES,ILLINOIS NOTICE OF PUBLIC NEARING h !HEREBY GIVEN that a public hearing before the Plan Coron lealan of the Wisps of Oak Brook,DuPage and Cook Coun• On.■nole,will be hold on February 17,1 988 at 7:30 P.M.In the Oak Brook VBspe Nap,1200 Oak Brook Riled,Illinois,for the pur• posed on appNcation of the Village of Oak Brook for a Test t xllath:"subd�Vlab�aR'peepuld PUBLISHER'S CERTIFICATE pons d Its" d Oak Brock.Illinois.Ordinance 0.140,as anerlded. M MnsrhdtNrd b td/ Idktwkp N!op N regnNSf"d:Beelbn I:B(lub�dM=ebn Re )b enxindPPENDIX A TO AX B CERTIFICATES THIS IS TO CERTIFY That the notice, a true copy of which is attached to this OWNER'S CERTIFICATE certificate, was published in THE DOINGS once each week for STATE OF ILLINOIS) COUNTY OF t)U PAGE) ... weeks sucessivel that the date This is to certify tall tine undersigned is the owner of the lend ...............0��........................... Y; described In"annexed Plot.and has caused the same to be surveyed and subdivided,as Indicated thereon,for the uses and purposes►herein set tom',and doe hereby acknowledge and of the first publication was the ..................3.0.th.......................day of adopt to same under the style and title thereon Indicated. The undersigned hereby dedicates for mkft use the lands shown on Oft plat for e,crc„ghferes,streets,@says sod"Ic sec January.,•, A.D., 19 .8 6., and that the date of the last publication was vices; and hereby also reserves for and grants easements for •••• pubk use and for the Installation of various public uMtles as des of and/or as stated In the uNty easement provisions which we seated hereon. the ............................. day of ............................. A.D., 19 ...... N s000ments Indicated as public utility sasehhents on this Plat we reserved ufo b r and granted the V"of Oak Brook and to ldpee PubPublic, tlAyBra operating under franchise from the AND IT IS FURTHER CERTIFIED That THE DOINGS is a secular.newspaper of Visage d oak Polk Ykkrdhnp true not Amsted ro Mlnois eel releplale Cornpeny, N~ **W Gee ComWry. Co .nn general circulation, published weekly in the Villages of Hinsdale, Clarendon Hi , monweatlh Edison Cornpwny, Oak Brook Uft ComP"', Dowrner.Gnave• or Nkndels Sanitary Dbftts•,and their am Oak Brook,Burr Ridge,Willowbrook and City of Darien and circulated generally to OMM-4 rebn•fa the pmpekla".W AW and authority the Villages of Hinsdale, Clarendon Hills Oak Brook, Burr Ridge,Willowbrook and to oantruct,I*Wiuct.repel. Impact, maintain and operate g ' g VffbA u1Ny,bananiesi n and distribution systems and Including City of Darien and adjacent unincorporated and incorporated areas,and in DuPage M, _&or sanitary sewers Wp Vw with any and d necessary near catch bask».Earxnectlo-,epppances and other,true and Cook Counties, Illinois, and in other areas; that said THE DOINGS is a knppudenanrws as may be deemed necessary by said "newspaper""" ;Ter noon along under and through sea mdlca„d newspaper as defined by the Illinois Statutes made and provided for such,Feb. eessmants,together with right of access across tro papery,for tions,to wit;by Section 5 of"An Act to revise the law in relation to notices,"1874,Feb. ocee"ary men and equOrno nt to do any of the above work and the right la aUo gaoled to out down,him of remove any heee,shrubs 13,R.S.1874,p.723,§5,as amended 1959,July 17,Laws 1959,p.1494,§1;and is also a sir dher plants an the seeemerd that Interfere with the operation of „ newer"or otur ulMlles No Permanent buildings shot be placed an newspaper+r as defined by Section 1 of "An Act concerning the publication of legs sad wannernb,but sane may be used for gardens,shrubs,land- notices,"1909,June 8,Laws 1909,p.288,§1,as amended 1927,June 29,Laws 1927,p.not Ow of Ister Interfere with purposes or .1 hero uer IM Wage or effected utility 603,§1,and as further amended 1945,April 12,Laws 1945,p. 1089,§1,and as further t>trnnPerM determine the any tree"."hnubs,other vegetstion a ob- =*WW co ftcovey known • "obstruction-) on seed amended in 1957,July 9,Laws 1957,p.2270,§1,and as further amended 1959,July 17, .a"emenb trnt"rfers with tits doro"ew Loss or rights."Village or n the right,but Laws 1959,p.1496,§1;and that said THE DOINGS has been continuously published at u ft conpany hoe il the obligation,to the obstruclon d line ow O's exoan...The VBege«affected utisty regular intervals of at least once each week with a minimum of 50 issues per year or "apply grass seed where the obstruction has been claw e ad is not-WW to repose or repel any obstruction. over one year prior to the first publication of the attached notice. Location of u"IrfeAalkm within its easement shat be sub)ect b the apprwa of to Wage of Oak Brook,as to deapn and loew Non Ali hnetalaloru are wNect to one ordhor"o of the Village of IN WITNESS WHEREOF, one of the co-publishers of said Oak Brook. THE DOINGS has affixed his hand and seal this �P yday d Afton 9 January (•B�is T ri t IM Vllsooap�aCl)srk will be authorized and directed 3 1st............ day of ............. A.D. 19 8 6.. .............. to record in the oMfca of the DuPage and Cook County Recorder of Deed"a Noll" pot tot essoment modification noted Under section I will perteh to all lands wnhm to conwate e«ar Publishers Charge ..+$.7.1.,2 8... dales of to Village of Oak Brook. N person"doolis to be head In support of or In opposition to the pop," MwxIM Wa or any Provision thereof.we ho afforded an opparkrnNy to do"o and may"I I their statements orally or In ( / writing or boph.The haium may be recessed to another date ti ( �/ .... ^✓�"' .. "n l'°r�`�tl• notes d time and place mered is p,bli y an noxnced at the hear- Publisher tq sir Is given by newspaper Pub"cation not less than five(5)days r prior b the data of the recessed hssrinp. MARIANNE lJ1Kla91L cwt NMkW d pu dhecft el td/Corpor"ks Aut orMse ark�the Plan (` m..fteb d M VBape of Oak Brook.DuPage and Cook Coun- we,Emil. 1lbm In The Oak"Jan.30.19". bRAF-r/ Cr-3�8 APPENDIX A TO APPENDIX 0 CERTIFIcAIES 014NERIS CERTIFICATE STATE OF ILLINOIS ) ) SS COUNTY OF DU PAGE ) 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 utility companies operating under franchise from the Village of Oak Brook including but not limited to Illinois Bell Telephone Company, Northern Illinois Gas Company, Commonwealth Edison Company, Oak Brook Utility Company*, Downers Grove* or Hinsdale Sanitary Districts*, and their successors and assigns for the perpetual right, privilege and authority to construct, reconstruct, repair, inspect, maintain and operate various utility, transmission and distribution systems and including storm and/or sanitary sewers together with any and all necessary manholes, catch basins, connections, appliances and other structures and appurtenances as may be deemed necessary by said Village, over, upon, along, under and through said indicated easements, together with right of access across the property, for necessary men 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 v building er--t-rees shall be placed on said easements, but same may be u or 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 determine that an trees shrubs other vegetation or objects (hereinafter collectively known as "obstruction") on said easements interfere with the aforesaid uses or rights, the Village or utility com an has the right,_ A v o but not the obli ation to remove the obstruction at the owner's expense. The Village or affected utility company shall a 1 grass seed where the obstruction has been removed, but is not required to replace or repair any obstruction. Location of utility installations within the easement shall be subject to the approval of the Village of Oak Brook, as to design and location. All installations are subject to the ordinances of the Village of Oak Brook. bRA'FT/&-378 0 O '•. 4.r y G9CF00 UNty,`•20 VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 654-2220 February 11, 1986 MEMO TO: Plan Commission FROM: Bruce F. Kapff, Assistant to Village Manager SUBJECT: Village of Oak Brook - Amendment to Subdivision Regulations RE: Trees in Easements The Village of Oak Brook has made application to amend Appendix A of the Subdivision Regulations with respect to the required Owner's Certificate placed on subdivision S- plats. Specifically, this Owner's Certificate presently prohibits the placement of trees within public utility easements. This subject most recently came up with respect to Lot 16 of the Midwest Club Subdivision. Dr. Javid had recently constructed a residence on the property in conjunction with which certain landscaping, including trees, were placed within the public utility easement. It was pointed out by David Gooder, in his October 4, 1985 letter, that this restriction might be inappropriate to the extent that the vast majority of properties within Oak Brook contain some type of landscaping, including trees, adjacent to side and rear lot lines, this being the same location of the public utility easements required by the Village's Subdivision regulations. In agreeing with Mr. Gooder, the Village has made application to modify the Owner's Certificate removing the prohibition against planting trees within a public utility easement and adding certain additional language noting that in the event the Village or another utility must remove trees within an easement, the cost for such removal is to be born by the property owner. A draft ordinance attached to the application also indicates that this modification will be recorded at both the DuPage and Cook County Recorder of Deeds such that it will pertain to all properties within the Village of Oak Brook. Respectfully submitted, Bruce F. Kapff Assistant to Village Manager �I BFK/jr G--.3 7 � PLAN COMMISSION Minutes -4 February 17, 1986 V VILLAGE OF OAK BROOK - AMENDMENT TO SUBDIVISION REGULATIONS - RE: TREES IN EASEMENTS (Continued) A motion was made by Member Sandstedt, seconded by Member Haglund to recommend to the President and Board of Trustees approval of the proposed text amendment with the following change: the phrase "or trees" which is proposed to be deleted from the Owner's Certificate should, instead, be retained such that the sentence will begin "No permanent buildings or trees shall be placed on said easements,". ROLL CALL VOTE: Ayes: (5) Members Doyle, Haglund, Sandstedt, Stachniak, Chairman Marcy Nays: (1) Member Beard Absent: (1) Member Antoniou MOTION CARRIED.. . The Plan Commission also desired to indicate to the Village Board their concern for public utility easements which actually contain pipes or other utilities which might be affected adversely by trees, and not with easements which, in all probability, will never be utilized by utilities. L PLAN COMMISSION Minutes -4- February 17, 1986 DRAFT/G-379 PLAN COMMISSION Minutes -3- February 17, 1986 V VILLAGE OF OAK BROOK - AMENDMENT TO SUBDIVISION REGULATIONS - RE: TREES IN EASEMENTS The Chairman noted that the Village has applied for an amendment to the Owner's Certificate concerning the placement of trees within public utility easements. Chairman Marcy noted potential problems with allowing trees within easements to the extent that tree roots have been known to cause sustantial damage to underground utilities. In that regard, it was suggested that Staff contact other utilities regarding their policies and procedures concerning this subject. In response to Commission questions, Staff noted specific problems of enforcement of the current regulation which prohibits placement of trees within public utility easements to the extent that administration of such a regulation would be extremely difficult. It was noted by Staff that the proposed amendment recognizes the fact that trees are planted within easements, adding specific provisions stating that the property owner would be required to pay for the removal of such trees in the event they caused problems for the utility. Member Doyle inquired as to whether the Village, under the current regulations, would be able to tell the property owner to remove existing trees. Village Attorney Richard Martens stated that the Village would have to show cause in requiring such removal. Chairman Marcy suggested that damage to underground utilities, since it is primarily caused by roots, might not be detected by the utility until the problem had been around for a long time. Member Haglund stated that property owners generally understand that they are not allowed to plant on utility easements and that an owner would be required to remove any such plantings at the utility's direction. He also stated that utilities should be allowed to have easy access to their easements and should not simply have the "right" to have trees and other obstructions removed. Member Stachniak noted that Oak Brook properties are generally large enough to allow the planting of trees off of utility easements. Chairman Marcy stated that the question is basically whether the Village is more concerned about potential damage by trees to utilities or the aesthetic value of trees. In response to Commission members, Trustee Philip stated that the Village Board made this application based on the understanding that enforcement of the current standard would be unrealistic, since it would require the Village to chop down trees throughout the Village. Chairman Marcy suggested that there should simply be a Village policy against planting trees within public utility easements, and not a specific ordinance which would require the cutting down of trees. PLAN COMMISSION Minutes -3- February 17, 1986 RA -379 G p FCOUNSy' VI LLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 654-2220 February 19, 1986 Village President and Board of Trustees Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60521 RE: Village of Oak Brook - Amendment to Subdivision Regulations RE: Trees in Easements Dear President and Board of Trustees: The Plan Commission, at its regular meeting of February 17, 1986, considered the Village's application which would modify the Owner's Certificate by permitting the location of trees within public utility easements, adding specific provisions concerning the property owner's responsibility to pay all associated costs related to removing such trees, if so required by a utility. The Plan Commission recommends to the President and Board of Trustees approval of this requested amendment with the exception that the phrase "or trees" should be retained. The pertinent sentence will then begin "No permanent buildings or trees shall be placed on said easements,". This recommendation was made on a motion by Member Sandstedt, seconded by Member Haglund and approved on a Roll Call Vote of five (5) ayes: Members Doyle, Haglund, Sandstedt, Stachniak, Chairman Marcy; one (1) nay: Member Beard; one (1) absent: Member Antoniou. Following the motion, the Plan Commission wished to indicate to the Village Board their primary concern being with public utility easements which actually contain �.. utilities, and that they are less concerned with such easements that will, in all probability, never contain utilities. Sincerely, Henry 0. Marcy, Chairman Plan Commission BFK/HOM/jr )SAA' 79 OF Oqk A . p w � o 0 9C�COUNT�,v� VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS February 20, 1986 654-2220 MEMO TO: Bruce F. Kapff, Assistant to Village Manager FROM: Dale L. Durfey, Jr. , P.E. SUBJECT: Trees in Easement Policy Issue Other Utility Companies As per your direction, I have contacted other Utility Companies regarding this subject and have ascertained their formal policy and their practical policy regarding this issue: 1. Hinsdale Sanitary District Formal Policy - none. Practical Position - would not let trees in easements but doesn't aggressively remove them unless repairs necessitate removal. 2. Northern Illinois Gas Company Formal Policy - would not allow trees on mains. Practical Position - not really concerned until a problem appears, i.e. , does not aggressively remove trees unless necessary. 3. Commonwealth Edison Company Formal Policy - none. Practical Position - would not like trees in easement due to maintenance dollars but has a tree trimming maintenance schedule of every three (3) years, i.e. , does not aggressively remove trees unless necessary. 4. Illinois Bell Telephone Company Has not returned my telephone call. Respec,pf�ull� submitted, Dale L. Durfey, Jr. , P.E. , Village Engineer DLD/etg Sv��,fcOF OgK9 9 ' G N O COUNS4' VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS February 21, 1986 654-2220 MEMO TO: John H. Brechin, Village Manager FROM: Bruce F. Kapff, Assistant to the Village Manager SUBJECT: Village of Oak Brook - Amendment to Subdivision Regulations Regarding Trees in Easements The Village Board, at its January 14, 1986 meeting, directed preparation of an application for a Text Amendment to the Subdivision Regulations modifying the wording of the required Owner's Certificate placed on Subdivision Plats. The form of this draft Text Amendment is in the folder as Exhibit A to the applica • tion. The current Owner's Certificate states that "No buildings or trees shall be placed on said easements". The proposed amendment would strike "or trees" from that requirement based on the recognition that property owners, for the most part, plant trees along both their side and rear lot lines where public utility easements exist. This amendment will also insert specific provisions requiring the property owners to remove such obstructions in the event such is required by a utility. The Plan Commission, at its February 17th meeting, agreed that the property owners should be required to pay all associated costs with removing obstructing trees. However, they felt that the current requirement prohibiting trees with- in easements should be retained. As such, the pertinent sentence would continue to read "No buildings or trees shall be placed on said easements". Depending on the Board's position with respect to the Plan Commission's recommend- ation, the Board could either adopt the draft Ordinance as originally prepared or adopt a modified version. Respectfully submitted, Bruce F. Kapff Assistant to the Village Manager BFK/mf DWY&*- a 7 1? VILLAGE OF OAK BROOK Minut es _4- February 25, 1986 B. Subdivision Regulations - Amendment to Owner's Certificate (Re: Trees in Easements): Discussed and direction given at the Regular Meetings of December 10, 1985 and February 14, 1986 to consider "or trees" to be stricken from the restrictions placed on easements. On February 18, 1986, the Plan �-- Commission recommended approval of responsibility of owner for associated costs related to removal of obstructions in easements and that "or trees" remain in the pertinent sentence. Trustee Philip moved , seconded by Trustee Rush.. . To authorize the Village Attorney to prepare the necessary document to amend Appendix A to Appendix B of the Subdivision Regulations to delete reference to "or trees" from the Owner's Certificate, and to add "Whenever the Village or affected utility company determine that any trees, shrubs, other vegetation or objects (hereinafter 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 owner's expense. The Village or affected utility company shall apply grass seed where the obstruction has been removed, but is not required to replace or repair any obstruction." Trustee Winters abstained from voting due to potential conflict due to employment by Illinois Bell. ROLL CALL VOTE: Ayes: Trustees Bushy, Imrie, Maher, Philip, Rush and President Cerne. Nays: None Absent: None Abstain: Trustee Winters So ordered. Referrals: With no objections, President Cerne made the following referrals: C. Christ Church - Yard Variation (501 Oak Brook Road) -- Refer to Zoning Board of Appeals Meeting of March 4, 1986. D. Village of Oak Brook - Sign Variation (2606 York Road and 800 Oak Brook Road) -- Refer to Zoning Board of Appeals Meeting of March 4, 1986. E. 0 en Forum: Dave Gooder referred to the subject of Harbco Office Building, 701 �. Harger Road, sewer line extension and the matter was deferred to be discussed at a more appropriate time. F. Graue Mill (Fullersburg Area) Gateway Plan: On January 20, 1986, the Plan Commission discussed certain planning issues related to the Graue Mill Gateway Area and the Fullersburg Woods Area which are located in both the Village of Hinsdale and the Village of Oak Brook. Trustee Rush moved, seconded by Trustee Maher. . . To endorse the conceptual plan of the Graue Mill Gateway Area and the Fullersburg Area as presented and communicate this endorsement to the DuPage County Forest Preserve. 1 VOICE VOTE: All present, in favor. So ordered. VII. ADJOURNMENT: I Trustee Winters moved, seconded by Trustee Maher.. . I To adjourn to Executive Session to continue discussion on a personnel matter. TIME: 8:38 P.M. VILLAGE OF OAK BROOK Minutes -4- February 25, 1986 `TILLAGE OF OAK BROOK MINUTES OF THE REGULAR MEETING March 11, 1986 MEETING CALL The Regular Meeting of the Board of Trustees was called to order by President Cerne in the Samuel E. Dean Board Room of the Village Commons at 7:35 P.M. I. ROLL CALL: PRESENT: President Wence F. Cerne Trustees Karen M. Bushy Walter C. Imrie Ronald P. Maher Arthur W. Philip Joseph H. Rush H. Richard Winters ABSENT: None II. APPROVAL OF MINUTES: Trustee 'Philip moved, seconded by Trustee Rush. .. That the Minutes of the Regular Meeting of February 25, 1986 be approved as presented and waive reading of same. VOICE VOTE: All present, in favor. So ordered. III. ORDINANCES RESOLUTIONS VARIATIONS PLATS ETC.: A. ORDINANCE N0. G-3T 8 AN AMENDING FO OF AS SET FORTH IN APPENDIX THE-CODE -OF ORDINANCES OF THE VILLAGE OF OAK BROOK. S �l37� � iNN/N As discussed and direction given at the Regular Meeting �f�ebruary 25, 1986. Trustee Philip moved, seconded by Trustee Rush. .. To pass and approve Ordinance No. G-378 as presented and waive reading of same. Trustee Winters abstained from voting due to employment by Illinois Bell. ROLL CALL VOTE: Ayes: Trustees Bushy, Imrie, Maher, Philip, Rush and President Cerne. Nays: None Absent: None Abstain: Trustee Winters So ordered. IV. FINANCIAL: A. Intergovernmental Risk Management Agency- (IRMA) —Fourth Supplemental Assessment for 1982 Claim Year: Trustee Imrie moved, seconded by Trustee Bushy... To authorize payment to IRMA for the Fourth Supplemental Assessment for 1982 Claim Year in the amount of $4,576.87. ROLL CALL VOTE: Ayes: Trustees Bushy, Imrie, Maher, Philip, Rush, Winters and President Cerne. Nays: None `• So ordered. Absent: None VILLAGE OF OAK BROOK Minutes –1– March 11, 1986 NNA 1. �fCt�R �ic`•�']$ G,`OF Ogka vP Qpp O N G p 4 2 �C0UNS�. VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 654-2220 September 30, 1987 MEMO TO: Stephen Berley, Village Manager Bruce F. Kapff, Assistant to the Village Manager Dale L. Durfey, Jr. , Village Attorney James E. Clark, Building Commissioner Vince Long, Administrative Assistant FROM: John H. Brechin, Village Attorney RE: Recorded Documents The following documents were recorded on September 24, 1987: �. Old Mill Plat of Subdivision - R87-140766-$52.00 ✓2. Old Mill Subdivision Improvement Agreement - R87-140767-$22.00 ✓'3. Old Mill Covenants Subdivision Declaration of Covenants - R87-140768-$14.00 t/'4. Owners Subdivision First Amendment to Owners Subdivision Improvement Agreement - R87-140769-$41.00 ✓5. Owners Subdivision Memorandum of Agreement R87-140770 - $38.00 V er overnmental Coop. Agreement, Oak Brook Park District - R87-140771- $11.00 rdinance G-378 R87-140772 - 10.00 r finance -610, Rear Yard Variation - Orlando (_821 Red Stable Way)R87-140773-$9.00 -"9. Grant of Easement, Salt Creek Dredging - Lot 25 - Steeplechase Subdivision - Lake Shore National Bank, Trust 4068 -R87-140777-$10.00 `/10. Weed Lien-23 Hamilton Lane - R-87-140774 - $7.00 "'11. Weed Lien-Lot 165 in Saddle Brook Unit No.4 - R87-140775-$7.00 V12. Weed Lie..-- 344 Hambletonian Drive - R87-140776 - $7.00 John A. Brechin Village Attorney JHB/mf cc: Margaret W. Rimbo, Executive Secretary S&4 a t Ul' ,E9A) } R ,DOD G-379 i�IFe S * RF. s A AEwb FoRm of , C�YVNE'R'g RTiFiCAIE ORDINANCE N0. G— 378 APPRavab a — 11 - 8< ORDINANCE AMENDING FORM OF OWNER'S CERTIFICATE R E CO R h IM AS SET FORTH IN APPENDIX A TO APPENDIX B 5 ` 91 14 C47'741 o (SUBDIVISION REGULATIONS) OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK WHEREAS, the Village of Oak Brook wishes to clarify further the permissible use of utility easements; and WHEREAS, the Oak Brook Plan Commission has considered this matter at a public hearing on February 17, 1986 pursuant to the provisions of Article XII, Section 2 of the Subdivision Regulations and has recommended that the Owner's Certificate be modified by stating explicitly that the Village or utility company has the right, but not the obligation, to remove obstructions from public utility easements; and WHEREAS, the corporate authorities deem the following amendment to be in the best interests of the residents of the Village of Oak Brook; NOW, BE IT ORDAINED 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 Owner's Certificate in Appendix A to Appendix B (Subdivision Regulations) is amended to read as follows: APPENDIX A TO APPENDIX B CERTIFICATES OWNER'S CERTIFICATE STATE OF ILLINOIS ) SS COUNTY OF DU PAGE ) -.�_,, —.j This is to certify that the undersigned is the owner of the land described in the annexed plat, and has caused the same to3 be surveyed and subdivided, as indicated thereon, for the uses } " + ♦: and purposes therein set forth, and does hereby acknowledge ° `',j 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 4;) public utilities as designated and/or as stated in the utility s 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 Brock and to those public utility companies operating under *' franchise from the Village of Oak Brook including but not g g limited to Illinois Bell Telephone Company, Northern Illinois ', Gas Company, Commonwealth Edison Company, Downers Grove* or Hinsdale Sanitary District*, and their successors and assigns for the perpetual right, privilege and authority to construct, reconstruct, repair, inspect, maintain ana operate various utility, transmission and distribution systems and including storm and/or sanitary sewers together with any and all necessary manholes, catch basins, connections, appliances and other structures and appurtenances as may be deemed necessary by said Village, over, upon, along, under ana through said indicated easements, together with right of access across the property, for necessary men and equipment to do any of the � j Recofteb t t `- .3 O Ordinance No. G— 378 Q Amending Form of Owner's Certificate Page two 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 shall be placed on said easements, 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 determine that any trees, shrubs, other vegetation or objects (hereinafter 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 owner's expense. The Village or affected utility company shall apply grass seed where the obstruction has been removed , but is not required to replace or repair any obstruction. Location of utility installations within the easement shall be subject to the approval of the Village of Oak Brook, as to design and location. All installations are subject to the ordinances of the Village of Oak Brook. N, Address Dated this day of , 19 (*Insert only applicable agency where underlined) Section Z: That the Village Clerk is hereby authorized to record in the offices of the DuPage and Cook County Recorder of Deeds the following Notice which pertains to lands within the corporate boundaries of the Village of Oak Brook: N 0 T I C E All easements indicated as public utility easements on any plat of lands in the Village of Oak Brook are reserved for and granted to the Village of Oak Brook and to those public utility companies operating under franchise from the Village of Oak Brook including but not limited to Illinois Bell Telephone Company, Northern Illinois Gas Company, Commonwealth Edison Company, Downers Grove* or Hinsdale Sanitary District*, and their successors and assigns for the perpetual right, privilege and authority to construct, reconstruct, repair, inspect, maintain and operate various utility, transmission and distribution systems and including storm and/or sanitary sewers together with any and all necessary manholes, catch basins, connections, appliances and other structures and appurtenances as may be deemed necessary by said Village, over, upon, along, under and through said indicated easements, together with right of access across the property, for necessary men and equipment to do any of the above work ano 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 shall be placed on said easements, 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 determine that any trees, shrubs, other vegetation or objects (hereinafter 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 owner's expense. The Village or affected utility company shall apply grass seed where the obstruction has been removed , but is not required to replace or repair any obstruction. Location of utility installations within the easement shall be subject to the approval of the Village of Oak Brook, as to design and location. All installations are subject to the ordinances of the Village of Oak Brock. • Ordinance No. G— 378 Amending Form of Owner's Certificate Page three Section 3: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. PASSED THIS 11th day of March 1986. Ayes: Trustees Bushy, Imrie, Maher, Philip, Rush and Winters Nays: None Absent: None APPROVED THIS 11th day of March 1986. Village President i L ATTEST: ' r r Vill e Clerk Approved as to Form: Village Attorney L Published 3/12/86 Pamphlet Form iZ 2nE'cC� Did , 'cum` 3�• Mah Date Paper / �llayP .9-f7oa,✓sy Not Published 1 1