S-379 - 05/10/1977 - ZONING - Ordinances Supporting DocumentsALFRED P BIANUCCI
ROBERT B. SPENCER
DONALD W. FORESTER
Mr. Charles A. Littleton
Village Engineer
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60521
Dear Chuck:
LAW OFFICES OF
ALFRED P. BIANUCCI,
LT D.
230 WEST MONROE STREET
CHICAGO, ILLINOIS 60606
(312) 346 -3762
June 16, 1977
Re: Flick Variation
Merry Lane Subdivision
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JUN 0 11377
I If _ OAK rrBRO,C•}X,OFFICE
"(rtP �ki�i 5LD"CrlF,eE PLAZA
2625 BUTTERFIELD ROAD
OAK BROOK, ILLINOIS 60521
(312) 325-1744
16 I have enclosed herewith the Covenants Not to Sue executed by
the LaSalle National Bank, Mr, and Mrs. Kosowski, and Mr, and Mrs. Paris.
These documents are in proper form to meet the requirements of the Ordinance
granting the variation to locate basements in the subject property. Please have
the Covenants recorded with, the Du Page County Recorder.
1-01
RBS:djb
Enclosures
cc Willard C. Meier, Esquire
Very truly yours,
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Robert B. Spencer
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377- 48099
COVENANT
REC0RME0
DU PACE r {:fit' Ty
1977 JUJI M 20 N 1: 15
This Covenant made this i 12th day of June, 1977
WITNESSETH:
WHEREAS FRANK PARIS and ROSALIE PARIS, husband
and wife, of River Forest, Illinois, are the owners of the
following described real property located in the Village of
Oak Brook to-wit:
Lot 31 in Merry Lane Subdivision, being a Subdivision in
the East half of Section 23, Township 39 North, Range 11,
East of the Third Principal Meridian, according to the
plat thereof recorded December 15, 1964 as document R64- 46791,
in DuPage County, Illinois; and
WHEREAS, the previous owner of said lot has requested
that the applicable rules and regulations of Sections V, N
of "The Zoning Ordinance of the Village of Oak Brook, Illinois,
of 1966," being Ordinance G605 as amended, be varied to permit
construction of homes to include basements below the minimum
flood plain elevation on the above described property; and,
WHEREAS, the Village is unwilling to grant said
variation unless it and its officials are protected against
possible claims of the owner of said lot, its grantees,
suc,essors and assigns for possible flood damage to persons
or p l-operty resulting or allegedly resulting from the existence
of basements situated below the minimum flood plain elevation
located under homes on the above described property.
NOW THEREFORE,,FRANK PARIS and ROSALIE PARIS, for
themselves, their grantees, heirs, executors and
administrators, covenant and agree with the Village of
ENGINEERING DEPT,
VILLAGE OF OAK BROOM
1200 Oak Br(x* RcL
Oak BrOQ,% 1111r10 +s 505231
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Oak Brook that neither they nor their grantees, heirs,executors
and administrators will ever at any future time sue the
Village of Oak Brook, its agents or officials, for or on
account of any, claim for flood damage to persons or
property resulting from, or allegedly resulting from, the
existence of basements situated below the minimum flood
plain elevation located under homes on the above described
property.
IN WITNESS WHEREOF, the above named persons have
set their hands and seals to this instrument the day and
year first above written.
(SEAL)
J
STATE OF ILLINOIS )
Da PA6r -c ) SS . -
COUNTY OF )
��- (SEAL)
I, Meredith K. Williams a Notary Public in and
for said County, in the State aforesaid, DO HEREBY CERTIFY
that FRANK PARIS and ROSALIE PARIS 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 acknowledged that they signed and delivered
the said instrument as their own free and voluntary act
for the uses and purposes therein set forth.
GIVEN under my hand and Notarial Seal this 12th ,
day of June A. D. 197Z. ____a_�i °+�� '� �✓
zo
e c7fi�
Notary Public %�,g; • }` =. ° °
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This Instrument Was Prepared By • •;��;� _
Willard C. Meier ' t.- -, 11
Plunkett, Nisen, Elliott & Meier `�"
One North LaSalle Street
Chicago, Illinois 60602
(312) 346 -7800
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R77- 48100
�9
COVENANT
RECORDED
DJ PA Or CO; -illTY
1977 JUN 20 PH 4= 15
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This Covenant made this 13th day of .tune, 1977
WITNESSETH:
located under homes on the above described property.
NOW THEREFORE, JOHN Z. KOSOWSKI and JUDY KOSOWSKI,
for themselves, their grantees, heirs, executors and
administrators, covenant and agree with the Village of
ENGINEERING DEPT,
VILLAGE OF OAK BROOt9
1200 Oak Brook Rd.
Oak Brook, Illinois 60521,E
WHEREAS JOHN Z. KOSOWSKI and JUDY KOSOWSKI, husband
and wife, of Norridge, Illinois, are the owners of the follow-
ing described real property located in the Village of Oak
Brook to -wit:
Lot 27 in Merry Lane Subdivision, being a Subdivision in
the East half of Section 23, Township 39 North, Range 11,
East of the Third Principal Meridian, according to the
plat thereof recorded December 15, 1964 as document R64- A46791,
in DuPage County, Illinois; and
WHEREAS, the previous owner of said lot has requested
that the applicable rules and regulations of Sections V, N
of "The Zoning Ordinance of the Village of Oak Brook, Illinois,
of 1966," being Ordinance G60, as amended, be varied to permit
construction of homes to include basements below the minimum
flood plain elevation on the above described property; and,
WHEREAS, the Village is unwilling to grant said
variation unless it and its officials are protected against
possible claims of the owner of said lot, its grantees,
successors and assigns for possible flood damage to persons
or property resulting or allegedly resulting from the existence
of basements situated below the minimum flood plain elevation
located under homes on the above described property.
NOW THEREFORE, JOHN Z. KOSOWSKI and JUDY KOSOWSKI,
for themselves, their grantees, heirs, executors and
administrators, covenant and agree with the Village of
ENGINEERING DEPT,
VILLAGE OF OAK BROOt9
1200 Oak Brook Rd.
Oak Brook, Illinois 60521,E
a.,
v
Oak Brook that neither they nor their grantees, heirs executors
and administrators will ever at any future time sue the
Village of Oak Brook, its agents or officials, for or on
account of any claim for flood damage to persons or
property resulting from, or allegedly resulting from, the
existence of basements situated below the minimum flood
plain elevation located under homes on the above described
property.
IN WITNESS WHEREOF, the above named persons have
set their hands and seals to this instrument the day and
year, first abov
(SEAL)
STATE OF ILLINOIS
COUNTY OF Dk) SS.
I, Meredith K. Williams a Notary Public in and
for said County, in the State aforesaid, DO HEREBY CERTIFY
that JOHN Z. KOSOWSKI and JUDY KOSOWSKI 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 acknowledged that they signed and delivered
j the said instrument as their own free and voluntary act
for the uses and purposes therein set forth°
day of
(SEAL)
GIVEN under my hand and Notarial Seal this 13th
June A.D. 19 77. 4
I'tht '11_4171Vw
Notary Public = _�
•
This Instrument Was Prepared By:
Willard C. Meier
Plunkett, Nisen, Elliott & Meier s
One North LaSalle Street
Chicago, Illinois 60602
(312) 346-7800
� Y �
R,77- 48 10 1
COVENANT
KtUUKUtU
DU PAGE COUNTY
1977 JUI 2 0 FM 1: 15
U
�
This Covenant made this 2 � r day of May, 1977.
WITNESSETH:
WHEREAS, LaSalle National Bank, a national banking
association, as Trustee under Trust Agreement No. 30�C3 dated
August 5, 1963, is or was the owner of the following described
real property located in the Village of Oak Brook to -wit:
Lots 26 to 32, both inclusive, in Merry Lane Subdivision, being
a Subdivision in the East half of Section 23, Township 39 North,
Range 11, East of the Third Principal Meridian, according to
the plat thereof recorded December 15, 1964 as document R64- 46791,
in DuPage County, Illinois; and
WHEREAS, the sole beneficiary of the above - mentioned
land trust has requested that the applicable rules and regulations
of Sections V, N of "The Zoning Ordinance of the Village of Oak
Brook, Illinois, of 1966," being Ordinance G60, as amended, be
varied to permit construction of homes to include basements below
the minimum flood plain elevation on the above described property;
and,
WHEREAS, the'Village is unwilling to grant said variation
unless it and its officials are protected against possible claims
of LaSalle National Bank, as Trustee aforesaid, its grantees,
` successors and assigns for possible flood damage to persons or
property resulting or allegedly resulting from the existence of
basements situated below the minimum flood plain elevation located
under homes on the above described property.
NOW THEREFORE, LaSalle National Bank, a national banking
association, as Trustee aforesaid, for itself, its grantees, successors
and assigns, covenants and agrees with the Village of Oak Brook that
P
ENGINEERING DEFT.
VILLAGE OF OAK BROOK
1200 Oak Brook Rd.
Oak Broo't, Illinois 60521
f
neither it, its grantees, successors or assigns will ever at
;- any future time sue the Village of Oak Brook, its agents or officials,
for or on account. of any claim for flood damage to persons or
property resulting from, or allegedly resulting from, the existence
of basements situated below the minimum flood plain elevation located
under homes on the above described property.
It is expressly understood and agreed by and between
the parties hereto, anything herein to the contrary notwithstanding,
that each and all of the warranties, indemnities, representations,
covenants, undertakings and agreements herein made on the part of
the Trustee while In form purporting to be the warranties, indemnities., .
representations, covenants, undertakings and agreements of said
Trustee or nevertheless each and every one of them made and intended
not as personal warranties, indemnities, representations, covenants,
undertakings and agreements by the Trustee or for the purpose or with
the intention of binding said trustee personally but are made and in-
tended for the purpose of binding only that portion of the trust
property specifically described herein, and this instrument is executed
and delivered by said Trustee not in its own right, but solely in the
exercise of the powers conferred upon it as such Trustee; and that
no personal liability or personal responsibility is assumed by nor
shall at any time be asserted or enforceable against the LA SALLE
® NATIONAL BANK on account of this instrument or on account of any
warranty, indemnity, representation, covenant, undertaking or agreement
or the said Trustee in this instrument contained, either expressed or
implied, all such personal liability, if any, being expressly waived
and released.
.,'ATTEST:
4 (�
~ ,A�s-istant Secretary
1 �
LA SALLE NATIONAL BANK
as Truste as aforesaid
Assistant Vice - President
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STATE OF ILLINOIS, )
SS:
COUNTY OF COOK
JUDY MARUS2 aX
a Notary Public in
and for said Country, in the State aforesaid, D' :: EREBY CERTIFY
that Vamps b lark Assistant V-'► ce- President of LA SAL LE
NATIONAL, BANK, and T. Hirsh Assistant Secretary
thereof, personally knovin to me to be the sane persons whose names
are subscribed to the foregoing instrument as such Assistant Vice
�s
President and Assistant Secretary respectively, appeared before me
this day in person and acknowledged that they signed and delivered .,
co
the said instrument as their own free and voluntary act, and as
the free and voluntary act of said Bank, for the uses and purposes —
therein set forth; and the said Assistant Secretary did also then
and there acknowledge that he as custodian of the corporate seal
of said Bank to said instrument as his own free and voluntary act,
and as the free and voluntary act of said Bank for the uses and
purposes therein set forth.
_ .................
under my hand and Notarial Seel this
day of A D. 1 _
zIssion NOTARY UBLI = � " My expires on July 12, 1980
This Instrument Was Prepared By ;
Daniel C. Nestor
Plunkett, Nisen, Elliot & Meier
One N. LaSalle Street
Chicago, Illinois 605Q2
( 312) 3,46 -7800
.4