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R-1731 - 06/12/2018 - SUBDIVISIONS- FINAL PLAT - ResolutionsPHTOg場 11∫ illlllTlf[:::li11鰐 PLAT PAGE COUNT: 2 027 PAGES R2018-094342 Propery Address___塁 2笙巡邁巡』Q型凶Щ二Щコ山ユ塾回塾堕菫≧墜聾咀QQ豊 ⊥」Щq堅」塑型L___ (Above Space Fo「Recorder's OfFce Only) ViLLACE OF OAK BR00K 1200 0ak Brook Road Oak Brook,:L 60523‐2255 RECORDED DOCUMENT TITLE PAGE 「vacantland,so state and∥st nearest cross streets) ~ PIN No(s) 06-36401-002 Name and Address of Applた ant chicaqo T∥e Land T「Co No ll 12497 U圧 /A dated 12/19/11 1100 Lake Oak Park lL 60301 Name and Address of Responsible: John Romanelli Party to Receive Copy of 3824 York Road. Oak Recorded Document and BillinS /\ Prepared By and Return to: ',Village of Oak Brook ) &'-"?;i-:ii::3zo{u,,-,,uu G/L Account to be charged: 10-1 365 Name&Address of Reciplent N/A of Condderalbn(when applicaЫ e):______― ―一一一 ―――――一 ―一一一 ――一 ―――――――――一 ―一 ―――――G/L Account to be charged: STATE OF ILLINOIS COUN丁 IES OF C00K AND DUPAGE l, Charlotte K. Pruss, do hereby certify that I am the duly elected and acting Village Clerk of the Village of Oak Brook, DuPage and Cook Counties, lllinois. I DO FURTHER CERTIFY that on June 12, 2018, the corporate authorities of the above municipality passed and approved: RESOLUTION 201 8.SR-PP+FP-EX-R-1 731 A RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT FOR THE WENNES ESTATES SUBDIVISION IN THE VILLAGE OF OAK BROOK, ILLINOIS 60523 3622 YORK ROAD, OAK BROOK,IL (PlN: 06-36401-002) 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, lllinois. lN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Village of Oak Brook this 4th day of__Qglqlel- 2018 Charlotte K. Pruss Village Clerk Village of Oak Brook DuPage and Cook Counties, lllinois))SS)酪 RESOLUT10N 2018-SR―PP+FP―EX―R-1731 A RESOLUT10N APPROVING THE PRELIMiNARY AND FINAL PLAT FOR THE WENNES ESTATES SUBDiVISiON:N THE V:LLAGE OF OAK BR00K,lLLiNOIS 60523 3622 York Road (PIN: 06‐36‐401‐002) VVHEREAS.Chicago Tnle Land Trust Company,as Trustee of Trust No ll_12497 under Trust Agreement dated December19,2011(``OWner'つ is the Owner ofreal propetty commonly known as 3622 York Road,Oak Brook,∥linois,which is lega∥y described in Exhibit A attached hereto and incorporated herein(the`Sυ りeCで Proρ eゥリ:and WHEREAS,the Sublect Property cOnsists of 2 0 acres and is zoned R-2 single―Fam∥y Detached Residential Districti and 帥面m躍霧鶴i橘 ∫Ⅷ島:ξ tttT乱酬盤l￡鵠悩腱穐l榔 &認問臨:ば電∥ig h″o lots as deplcted on the subdivision plat attached hereto as Exhibit B and incorpo「ated herein (''マ鍮 jna″and月 ″a′P′atり :and WHEREAS,each ofthe two lots on the Sublect Prope"resuning from the proposed subdivision meetthe minimum l●t size requirement ofthe R‐2 Single―Fam∥y Detached Residence Distlcti and WHEREAS, the Owner has also requested approval of the rO∥Owing variations related to the Sublect Property: |)a vana∥On frOm Sec∥on 14-6-1,Conformance Required,ofthe V∥lage cOde ofthe 欄I蠍鮮辮融曲I嘉締i滞朧 1儀麟 SdewJに md ① a面訓m iOm Secl¨●6Ц 乳殿:籠擢辮 'd he Ⅷa"c“e“M"he requirement for streeuights(c。∥eC∥Vely,the`Re7●es WHEREAS,the Owner also seeks approval ofa Gttnt of Easementforthe sublect Property,which grants certain easements and rights to the Village on the Sublect Property.and which is attached heret。 as Exhibit C and incorporated herein(・ Grant of Easement")and ヽハ′HEREAS, at ls meelng on May 21,2018,the Plan Commission completed ns review and 器が精f肥剛電鯰『∥肌犠馘聰軋懸∫朧鵠 ∬ WHEREAS,the Village President and Board of Trustees have reviewed the recOmmenda∥ons of the Plan Commission and desire to approve the Pre∥minary and Final Plat and the Requested Re∥ef,and 疑贅1:[酬鞭嚇欄 i型暮孔椰糧∬『i翼揺I得 l鶏 F緋 NOVV THEREFORE,BEIT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE ViLLAGE OF OAK BR00K,DU PAGE AND COOK COUNTIES,ILLINOIS,as fO∥。ws w"nn""e"r"e.3i"Jof,itllifl f',:,ti,lii,'i;?*ili1 3622 York Road _ Two_t ot SubdivisionptN:06 36_401_0O2 section 'l: Recitals. The foregoing recitals are hereby incorporated into, and made a part of,this Resolution as the findings of the President and Board of rrustees of the village of oak Brook. Section 2: AoDroval of Preliminarv and Final Plat of Subdivision. A. ADproval of Preliminarv and Final Plat. Subject to and contingent upon the condi ons set forth in Section 4 of this Resolution, the Preliminary and Final Plat of Subdivision forWennes Estates for the Subject Properly prepared by Engineering Resource Associates with the latest revision date of June 4, 2018, as attached to this Resolution as Exhibit B, is hereby approved. B. Agthorization and Exe.cution. The village president, clerk, and other appropriate village offlcials are hereby authorized and directed to execute and seal, on behalf oi the Village, the Preliminary and Final Plat and the customary certitications indicating such approval. C. Recordation. Upon the execution ofthe Preliminary and Final Plat by all required parties, the Village Clerk is hereby directed to record the Preliminary and Final Plat with the Aecorder of Deeds of DuPage County, lllinois, and the Village Clerk will then be authorized and directed to assess against and collect from the Owner of the Subject Prope(y any costs in connection with lhose actions or this Resolution. Section 3: Aporoval of Variations. Pursuant to Section 14-74A ol the Villaqe Code andsubject to and contingent upon the conditions set forth in Section 4 of this Resolution, -the following Requested Relief for the Subject Propedy is granted: A. Conformance Required. A variation js granted from Section 14-6-1 ot the Village Code topermit non-conformance with certain subdivision design standards as set forth in jubsections B through E of this Section 3. B. street and Pavement wdth. A variation is granted from section 14-6-3(4)(2) of the village Code to allow the pre-existing streels (Wennes Court and Luthin Road) which abut the Subje;t Property to contain less than the required streeupaving width. C. curb and Gutter. A variation is granted from Section 14-6-3(A)(3) of the Village Code to waive the requirement of curbs and gutters. D. Sidewalks. A variation is granted from Section 14-6-3(E) of the Village Code to waive the requirement of sidewalks. E. Street Liqhtino. A variation is granted from Section 14-6-3(F) of the Village Code to waive the requirement of street lighting. Section 4. Conditions. The approvals granted in Sections 2 and 3 of this Resolulion are hereby expressly subject to and contingent upon each of the following conditions: Payment by the Owner to the Village of Eighty Thousand Dollars ($80,000.00). reDresentinothe fair value of vacated right-of-way, as required by Ordinance 2018_ST_ijV_EX_S-1S3i approved on May 8, 2018. The owner shall comply with all requirements, conditions and standards of the village code except as specifically modified and waived by this Resolution.AB wennesestatesBiilri$i:i.':'i;?*':fi tI";?Alffi 3622 York Road - Two_Lot SubdivisionptN: 0G36_401-002 C. The Owner shall comply with all other requiremenls of law, including wilhout limitation, federal, state and local laws, ordinances, resolutions, and regulations, related to the Subject property. Sectron 5. Grant of Easement. A. Aooroval. The Grant of Easement attached to this Resolution as Exhibit C is hereby approved, subject to minor modifications by the Village Manager and Village Attorney which 'do not alter any materialterms or requirements contained therein. B. Authorization and Execution.-The Village President and Clerk are hereby authorized and directed to execute and seal, on behalf of the Village, the Grant of Easement once placed into final form by the Mllage Manager and Village Attorney as set forth in Subsection A above. C. Recordation. Upon the execution of the Grant of Easement by all required parties, the Village Clerk is hereby directed to record the Grant of Easement with the Recorder of Deeds of Dupale County, lllinois, and the Village Clerk will then be authorized and directed to assess againlt and collect from lhe Owner ofthe Subject Property any costs in connection with those actions or this Resolution. Section 6. Severabilitv. lf any section, paragraph, clause or provision of this Resolution shall be held invalid, the invalidity thereof shall not affect any of the olher provisions of this Resolution. Section 7. Conflict. All prior Village approvals that are in conflict with this Resolution as to the Subject Property are hereby revoked as to the extent of any such conflict. Section 8. Effective Date. This Resolulion shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. APPROVED THIS 12rh day of June, 2018. Gopal G. Lalmalanl Village President PASSED THIS 12rh day of June, 2018. Trustees Baar, Cuevas, Saiyed, YusufAyes: Nays:Trustee Manzo Absent None Present: Village Clerk Wennes E●atst:り攪Tぶ『」ギl]I網滉:認 i認 PIN:06-36●01-002 Page 4 of6 EXH:B:T“A" LEGAL DESCRIPT10N OF SUB」ECT PROPERTY PARCEL ONE LOT llN LUTHIN'S SUBDIVISiON OF A PART OF THE SOUTH 1/2 0F SECTloN 36, TO1/VNSHIP 39 NORTH,RANGE ll,EAST OF THE THiRD PR:NCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 17,1949 AS DOCUMENT 563041,IN DUPAGE COUNTY,ILLINOIS PARCEL n/VO THAT PART OF LUTHIN ROAD R:GHT-OF‐VVAY IN THE V:LLAGE OF OAK BR00K, DUPAGE COUNTY,lLLINOIS,DESCR!BED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT lIN LUTHIN'S SUBD:V:S10N,A SUBDIVlsloN SITUATEDIN PART OF THE SOUTH HALF OF SECT10N 36,TowNSHIP 39 NORTH, RANGE ll EAST OF THE THIRD PRINCIPAL MERID:AN,ACCoRDING TO THE PLAT THEREOF RECORD[D FEBRUARY 17,1949 AS DOCUMENT 5630411N THE OFFICE OF THE RECORDER OF DEEDS,lN DUPAGE COUNTY,:LLINOlsi THENCE NORTH 73 DEGREES ll MINUTES 26 SECONDS VVEST ALONG THE NORTH LINE OF SAID LOT,A DISTANCE OF 265 77 FEET TO THE SOUTHEAST CORNER OF LOT 15 0F SAID LUTHiN'S SUBDIVIS10NiTHENCE NORTH 67 DEGREES ll MINUTES 26 SECONDS EAST,A DiSTANCE OF 220 21 FEET:THENCE SOuTH 14 DEGREES 42 MINUTES 52 SECONDS WEST,A DiSTANCE OF 36 02 FEET ALONG THE WEST RIGHT‐OF―WAY LINE OF YORK ROAD TO THE POINT OF BEGINNING Common Addressi 3622 York Road,Oak Brook,|∥inois Permanentindex Number: 06-36401-002 WennesEЫ aest湿明Tぷ『17肥I網』:詰認 PIN:06‐36401-Oo2 Page 5 of5 EXHIB:T“B" PREL:M:NARY and FINAL PLAT OF SUBDiV:S10N WENNES ESTATES A tir Iit# LEffdA _ _: :Xfff o -tuEEOo O.FffiffiI WENNES ESTATES 器翻認畿冨 … 麗甜品讐報出機器騰開躍 … :141:1:ftF。ね、ヽ.ゝ佃旺響甕撃ぽヽ、コ一一―――一 ~~~~一 ‐~~~~~~1暉嘲格Ⅲ"卜、 SUMMARY ＼ WENNES SuBDIVISiON '躍薔賠鶏■,畏路呂」融薇器。四¨“… ユ電嵩曹路==賠雷 =鶏円奎響呂ふド・・‐'。・田路調電ぶ讐l¨出昌町r¨ ' 闘欄黒性 Ъ轟ど iぉ躍 “HШ ~S7・ r_ 驚馳篤批翼鶴野鰐側群臨厳‐ 蹄掃品電L摺」滋懇:眠記壼争IF ヽミヽ、 / t｀おヾ ≧、人>やヽごi｀ミヽ鳴. ｀ミ、ミミヽ｀｀驚ミ:欝i｀く｀｀く:ミ :ミ _｀武 7｀謬ヽキ )、侵 ~｀｀｀ =ゝ、、、、、、 1:、｀｀Rヽヽ /だ γ、ヽ / /ヽ / ヽ't一一一―一一―れ=「 ~~一一′ メヽヽ＼ 0臨脱悲朧蒻粗F ttl路〆椰榊懲撫」ROIIA^IELU .k ASS@AIES tNC./=ヽ＼|＼＼｀｀｀、|』:i路 =脇憲も之 13. 議」ユ|ヽ糧零制酬 ‐電嗜富路 …・窪躍請 … ヽ語ピ …島だ器熙謂貿霊臓還ぷ羅鑑″18冨 11顎苗「・・・‐・・・・~…0"嘔 ―・‐もヽ中`t・需蔀亜再語薔雨謳蔦語薔7-・・7 ー盤=違い翻障鱗鷲欄慮稿爾開曜鱗輔伽神臨熙蹴踊:E, 譲I胤ト轟議 |ょ轟ギ響」., WENNES ESTATES 激職露響躙緩灘榔搬 …晴評n 黒=ユト蹴 ¶V―耳翻戸r_¨テ盟=為 !" 黒道崚 |“ ‡二=LI" tuw,r.qrlBE 燎議崎為ト圏機営譜出Tttv路 ″霊中蝸路臨駐響Ъ席ツ盤驚計じ警ヽ農譜鳴“。獣」恩ト麟輛霜画面中織躙鳳い i雌路 ¶1群肝 ∬鼻欄L:" 轟 ¨躙¨=沼電出g器晟出[t出離躍露τ …・響躍露」胤IS I曝 … 上」ユ |・織蹴冊贈 :葛剛路穐赫……―は'~―・V 獣胤ト ― 掘即鮮岬聡器離臨織温 :“ 「響 … 選出属轟ぷT選出Iデ躍翌出蹴出ャ[調で'“'・ ‐~"ゆえ中 “ 吐口"“ 鱚蝉躍躍 … 鶏ド‐'‐いヽい ffiijaEF&li.I{:.{j}Hsix,:rtr L?ffi 1:;,c.r"H.ff".ff ,&#rlr,;T*18 r E'&! rirD, 6!' *'*r ;;;.#ff,?,1""11,.'tr*Tl'8tr;tr g;.?"-Ex,H'_ _.ffi ;f,"-ccla i":.*:rts ;.n;,* lla;..ll,ltli.XE* f*::::g 蕪 ∬胤 IS ― 畜脚鶏淑晨懺,闘朧艦瀧騨鰐驚I聯 ♂“蝋弊評=RAJAil€llt & Ass@AtEi tNc ::: 71ヤ :蔦卜11「‐ /.・ |、、|、、II:プ .:/｀:｀ ‐1｀｀ ::|｀、:IIi: レ_/―i、建1 1ti =,、;'/ :,′:′ |■ ｀ 1/ //11/1壁オ、「~[l./ _///ド /琴/: ~:帯 ‐ /二旺 _駐 _7・…'■下~|~~ 恥nnesEstatest棚明Tぶ『17腕 l肥滉:詰酬 PiN:0●3●401‐002 Page 7 of7 EXH:BIT“C" GRANT OF EASEMENT OTH:1月場:|∫ isili1lf[:l:li恥謬This lnstrument Prepared by: Mark W. Daniel Daniel Law Office, P.C. '17W733 Butterfield Road, Suite F Oakbrook Terrace, lllinois 60181 Upon Recording Return to: John R. Zemenak Rathje & Woodward, LLC 300 East Roosevelt Road, Suite 300 Wheaton, lllinois 60187 Property Addresses: TO BE DETERMINED ^ OakBrook, lL (pP523 P.l.N.s: Cunent: 06-36-401--, 06-36-401- V aea.*{ Former: 06-36401-002 015 PAGES R2018-093878 GRANT OF EASEMENTS TO THE VILLAGE OF OAK BROOK THIS EASEMENT GRANT ("Easement Grant"), is made and entered into this'l2th day of June, 2018, by and between Chicago Title Land Trust Company, as Trustee, of Trust No. 1 I- 12497 under Trust Agreement dated December 19,201'1, not individually but as trustee and legal titleholder ('Grantor''), and THE VILLAGE OF OAK BROOK, an lllinois municipal corporation, ("Grantee"), and collectively referred to as the "Parties." A. Grantor owns or controls certain real property situated at the east end of Wennes Court and the east end of Luthin Road, in the Village of Oak Brook ("Village"), County of DuPage, State of lllinois, as legally described and depicted on "Exhibit A'attached hereto and made a part hereof (the "Grantor Property"). B. Grantee owned or controlled certain adjacent public right-of-way situated along the north line of the Grantor Property in the Village of Oak Brook, County of DuPage, State of lllinois, which was at least 100 feet wide. C. Pursuant to Ordinance No. S-1532, approved on May 8th, 2018, Grantee approved a plat of vacation which vacated a portion of the southern 36 feet of the Luthin Road right of way (as depicted in the ordinance) upon the conditions that this vacated territory be merged with the Grantor Property by operation of the plat of vacation, that Grantor pay an agreed sum to Grantee as fair compensation for the vacated territory, and that the Grantor deliver an executed recordable form of this Easement Grant at any meeting of the Village Board at which it may act to approve a final subdivision of the Grantor Property. A copy of said Ordinance No. S-1532 along with a copy of the plat of vacation are collectively attached hereto as "Exhibit 8." D. ln conjunction with the approval of this Easement Grant by Grantee, Grantee approved or shall approve an ordinance which approves a Plat of Subdivision for Grantor's Property allowing for the subdivision of Grantor Property (including the vacated territory) from one (1) lot to two (2) lots, and which Plat of Subdivision references this Easement Grant. E. Grantee now owns or controls a 64-foot wid-e,public r[qht of way area depicted in theplat of vacation recorded as Document No. R2o1@ill8jz"rfl tte omce ot tte -ClJoro", otDeeds for DuPage County which is "Exhibit B" attached hereto (,,Grantee property,). F. Grantor has undertaken and is continuing a development on the Grantee property forthe construction and development of a single-family residence as part of the developmeit of twosingle family residences on land that includes the Grantor Property and the lot direcfly west inereof("Project"). G. Grantee has requested from Grantor easements for view that operate to prohibit certain structures and buildings, for access, for drainage, for grading and for consiructionpurposes on a temporary basis and these easements are more particularly described anddepicted below and in "Exhibit C" attached hereto and made a part hereof. H. Grantor and Grantee enter into this Easement Grant for the mutual benefit of theParties, as further defined below. NOW, THEREFORE, and in consideration of the foregoing recitals which are incorporated herein and the mutual commitments of the parties which they recognize as lawful, valuaLle and sufficient consideration, the Parties agree as follows: Section 1. View Easement. 1.'l Mew Easement Purpose. The 'view Easement" is intended to limit the location of buildings and structures on the Grantor Property while also protecting and avoiding waste on the Grantor Property in connection with the Project. 1-2 Grant of View Easement. Grantor, for itself and its heirs, personal representatives, successors and assigns, does hereby grant unto Grantee, its successors and/or assions, a non_ exclusive easement ("view Easement") appurtenant to and for the benefit of Grantlee and the Grantee Property in, on, under, over and through over each area of the view Easement which is described below in each of subparagraph A and subparagraph B of this section 1.2 and subject to the restrictions set forth in each subparagraph. A. The vacated territory described in Recital C above and depicted in the plat ofvacation attached hereto as Exhibit B shall be subject to a view easement in which no structure or installation other than public utilities or those items which may be installed under Section 3 shall be constructed or installed above grade; provided, however, that Grantor reserves the rioht to plant trees, shrubs and landscaping whlch may exist above grade in areas south of the Tempiorary Construction Easement addressed in Section 4. B. The north Seventy-six (76) feet ofthe Grantor Property, measured to a depth oarallel to the longest north lot line of the Grantor Property shall be subject to a view easement in which no building shall be constructed. "Building" shall mean 'A structure having a roof designed or built for the enclosure, shelter or protection of persons, animals, chattels or movable property of any kind and which is permanently affixed to the land.". Section 2. Access Easement. 2.1 Grant. Grantor, for itself and its heirs, personal representatives, successors andassigns, does hereby grant unto Grantee, its successors and/or assigns, a non-exclusive easement for pedestrian access over the north six (6) feet of the Grantor Property, measured toa depth parallel to the longest north lot line of the Grantor property ("Accejs Easement,) appurtenant to and for the benefit of the Grantee Property. 2.2 Grantor shall not install landscaping or any other obstruction other than grass fromgrade to the sky in the Access Easement. 2.3 Grantee is permitted to install walkway/sidewalk improvements in the Access Easement, in Grantee's sole discretion. Grantee shall restore the area of the Access Easement to its condition prior to any work in or alteration to the Access Easement. Section 3. Drainaqe. Gradinq and Ulilitv Easement. 3.1913-01. Grantor, for itself and its heirs, personal representatives, successors and assigns, does hereby grant unto Grantee, its successors and/or assigns, a non-exclusive easement fordrainage, grading and utilities over the north ten (10) feet of the Grantor property, measured to adepth parallel to each of the north lot lines of the Grantor property ("Drainage, Grading andUtility Easement") appurtenant to and for the benefit of the Grantee Property. 3.2 The sole purpose of the Drainage, Grading and Utility Easement shall be for the purpose of providing for the overland flow of stormwater that flows into the Drain-age, Grading ano ltitity Easement area naturally, and for the installation, use and maintenance of public and private utillty lines. 3.3 Grantee shall not utilize the Drainage, Grading and Utllity Easement to create storage, retention or detention of stormwater, to install lift stations or pumps or to alter the direcfion or volume of stormwater flow. Grantee has lhe non-exclusive right, in its sole discretion, to install underground slormwater conveyance pipes within the Drainage, Grading and utility Easement consistent with the purpose of this Drainage, Grading and Utility Easement. 3.4 Grantee shall not alter the grade so thal it is more than two feet below the grade reflected in the final grading as-built survey for the Grantor Property which shall remain on file with the Grantee and remain available to Grantor without charge upon request. 3.5 Nothing in the Drainage, Grading and Utility Easement shall be deemed to alter the drainage, riparian or other common law or statutory rights of the Grantor and Grantee or any owner of neighboring property during the term hereof or thereafter. 3.6 Grantee shall restore the area of the Drainage, Grading and Utility Easement to its condition prior to any work in or alteration to the Drainage, Grading and Utility Easement. Section 4. Temoorarv Construction Easement. 4.'l Grant. Grantor, for itself and its heirs, personal representatives, successors and assigns, does hereby grant unto Grantee, its successors and/or assigns, a non-exclusive "ur"r"ni fo, access, slorage of materials and staging of construction projects occurring in the Grantee Property adjacent to the Grantor Property over the north twenty (20) feet of the Grantor property, measured to a depth parallel to the longest north lol line of the Grantor Property (,,Temporary Construction Easement") appurtenant to and for the benefit of the Grantee property. 4.2 Granlee shall not store, convey or handle hazardous materials in Construction Easement or allow anyone else to do so_ the Temporary 4.3 Grantee shall restore the area of the Temporary construction Easemenl to itscondition prior to use of the Temporary Construction Easement. Section 5. Terms of Easement Grant. 5.1 The term ofthe Easement Grant shall be perpetual and permanent and it is intended torun with the lands of the Grantor property and Grantee property and to bind future owners,successors and assigns. 5.2 Grantee may terminate this Easement Grant provided that it provides Grantor anexecuted written release of easement in recordable form. 5.3 Nothing in this Easement Grant shall be deemed to be a dedication of property toGrantee. Grantor acknowledges that the Access Easement shall be for the benefit of the drantee, the public generally, and the area of the Access Easement remains subject to use by owners ofproperty in Luthin's subdivision, recorded in the office of the Recorder of Deeds ior Dupage County on February 17, 1949, as Document No. R1949-563041 . 5.4 lntentionallydeleted.l 5.5. Grantee shall repair and restore damage caused by Grantee or anyone acting for Grantee within the property areas subject to these easements (hereinafter ,.Eaiement Area,,). Grantor shall repair and restore damage lo the Easement area caused by Grantor, its contractors, agents, guests and invitees. 5.6. To the extent that the Grantee exercises rights under this Easement Grant andperforms work therein, eilher Grantee shall have, or Grantee shall require any third parties acting for it to have the following coverages and protections: A. Workers Compensation coverage in the amount required by law or greater; B. General liability insurance coverage In an amount not less than $1,000,000.00 per occurence and $2,000,000.00 aggregate; and C. Vehicle insurance in the minimum amount required by law. Grantee may maintain all such insurance coverage as part of its comprehensive Village insuranceprogram. Grantee shall require all contractors lo maintain such insurance coverage as areprovided above. All of Grantee's contractors shall use their best efforts to provide Giantor and Grantee certificates of insurance evidencing the coverage levels provided for above and they shall name the owner ofthe Grantor Property and its occupants as additional insureds. The certificates shall indicate that the pollcies of insurance and coverage provided therein are nol subiect to cancellation or termination without thirty (30) days advance notice in writing to the Grantor. Section 6. CooDeration Reqardino Easements. Use and Maintenance Thereof. Grantee shall maintain, repair and replace, all improvements and installations in any easement area bv Grantee or accepted by Grantee via a bill of sale or other form. Grantee will restore the easemlnt areasfrom which improvements are removed. Except for Grantee's obligations set forth in this Section 6 and excepl for Grantee's obligations herein regarding restoration of the Easement Areas afterperforming work therein, Grantor shall be responsible at all times for maintainintlhu iu!J."ntArea. section 7. Liens. Grantee shal promp y pay and discharge any and all pubric and private riensarising out of any installation, alteralions or repairs or replacements done, suffered 6i o"rritt"oto be done by Grantee ("Grantee's work") on the Grantor's property. Grantee snal olreni, piotect and save the Grantor harmless from and against claims for monies or damages uri"ing f;,;.r"nliens relating lo Grantee's Work in the Easement Area. section 8. {otices. Any notice, demand, request or other communication which e;ther partyhereto may be required or may desire to give under this Easement Grant shall ue in writinq'anoshall be deemed to have been properly given if (a) hand delivered (effective ,pon o"rir"ryj, tulmailed (effective three (3) days after maiting) by United States registered or certified maif , lo'Jiageprepaid, retum receipt requested, (c) sent by a national recognzed overnight oelivery'service(effective one (1) days after being deposited with such courier), or (d) sent uy"etectroni"'rrir'*itt receipt acknowledged by a recipient (effective at the time acknowledged ano proviJea tnat noacknowledgment is required for notices of planned construction which shall Ue' effectire -oi'tne date and time of the email being sent according to central time zone time), in L""n *"",addressed as follows: lf to Grantor: Chicago Tifle Land Trust Company, as Trustee With a copy to: With a copy to: Mark W. Daniel Daniel Law Office, p.C. 17W733 Butterfield Road, Suite F Oakbrook Tenace, lllinois 60'181 mark@thedaniellawofflce.com Phone: (630) 833-331 1 lf to Grantee: Village Clerk Mllage of Oak Brook 1200 Oak Brook Road Oak Brook, tL 60523 With a copy to: Director of Public Works Village of Oak Brook 1200 Oak Brook Road Oak Brook, lL 60523 耀γTTだ :り観野先d背ま “ 理機4″′′しら。3●′ John Romanelli 3824 Yo* Road Oak Brook, lL 60523 section 9. Rpcordation. lt is understood and agreed that .this^ Easement Grant and anyamendment hereto shall be in recordable form and be recorded at Grantor's expense ln iire realestale records in the county where the Grantor property and the Grantee prop".ty rr" io""i"o. Section 10. Covenants. 10.1 Grantor and Grantee represent and warrant that theyare the owners in fee simple ofthe Grantor Property and the Grantee property, respectively, free and crea, or "]itLn. "noencumbrances that would impair the ability to perform their respective obligations under thisEasement Grant, and that each alone has full right to grant the Maintenan"ce faleLnt "noLandscape Easement. Neither Grantor nor Grantee has granted any outstandiirg-lption" topurchase or rights of first refusalwith respect to all or any part of the orintor proped o'r'GranteeProperty and neither is a party to outstanding contracts with others for tne sale, m6rtglgl,'preoge,hypothecation, assignment, or other transfer of ownership or future owneistr;p iniErlst in itsproperty other than the those involving the mortgagees who have consented to tnis-i-asementGrant below. 10.2 During the term hereof, Grantor shall paywhendueall real property taxes andall otherfees and assessments attributable to Granlor Property. lf Grantor fails to p"V ,tr"n O,i Iriy taxesaffecting Granlor Property, then Grantee shall have the right but not the o-origation iJ |;y sucntaxes after thirty days'written notice to Grantor for failing to pay the "rnornidr" u,io?m"nopayment therefore from Grantor, which payment shall be made within thirty (so) oays -ot suctrdemand. ln the event that Granlor fails to remit such payment to Grantee within sJiJtiir" p"rioa, Grantee may record a lien against title to Grantor's Property In the amount of tne rear piopertvand other fees and assessments paid by Grantee, or Gmntee.may. pursue unv otl l, T"g"r o,.equitable remedy against Grantor. Nothing contained herein shall limit or affect dr"nioi" iigi,t toappeal or otherwise challenge the real property taxes and other fees and as"essm"nt"attributable to Grantor Property, and Grantor shall not be considered in default ot ttristection1o.2lor lailing to pay such real property taxes or other fees and assessmenrc ro, wt ici 6ranto.has a valid appeal or challenge pending, unless provided otherwise by law. 10.3 [ntentionatty deteted]. 10.4 Neither Granlor nor Grantee has received notice of condemnation of all or anv oart ofthe land that is the subject of this Easement Grant, notice of any assessment loi Lublicimprovements, or notices with respect to any zoning ordinance or other law, ord"r, .uq,;l"tion o,.requirement relaling to the use or ownership of such lands other than vvhat is of publ;c .i"oio anOthere exists no violation of any such governmental law, order, regulation or requiie.ent anJ tnereis no litigation pending or threatened, which in any manner affects the terms of this iasementGrant. Section l't. Cure. No party to this Easement Grant shall be in default of the terms thereof until thirty (30) daysfollowing the date of the defautting party's receipt of notice provided under seclion 'o trieraurtfrom the non-defaulting party. ln the event such default is not reasonably capaute of cure witrinsuch thirty (30) day period and such defaulting party promp y and diligen y pur"ues the-cure ofsuch default during such cure period, such cure period shall be extended for "o rono r" tt,"defzulting party diligently pursues such cure for a maximum of ninety (90) additional dayJsublectto winter conditions or conditions beyond the control of the party inlending to cure. li iJlventshall a party be entitled to terminate this Easement Grant as a result of or remeoy tor anv nreacno1 lefault thereu,nder by the party attempting ro terminate. ln the event a partv tairs iJ Jomprvwith the terms of this Easement Grant, the other party may, in its sole and absolute jl"rution, cure any such default, so long as such cure does not involve physical presenc" on the Jetarttingparty's premises, and to the extent the curing party incurs any expenses in connection wii[ sucn cure (including but not limited to the amount of any real property taxes the party pays on behalfof the other party), the other party agrees to promptly reimburse the curing party for suchexpenses incurred and hereby grants the curing party a security interesl and lien in the property owned by them to secure the obligation. Section 12. Mortqaqees. Continuation Riqhts. Notice and Cure. Grantor may from time to time grant to certain lenders (the "Lender') a lien on and security interest in Grantor Property, but such lien and security interest shall not affect or attach to the assets of Grantee located on Grantor Property and shall not affect, impact or negate this Easement Grant. Such rights shall only be granted as collateral securily for the repayment of any indebtedness tothe Lender. Section 13. Miscellaneous. 13.1 All questions concerning the interpretation or application of provisions of this Easement Grant shall be decided according to the substantive laws of the State of lllinois without regard to conflicts of law provisions. '13.2 This instrumenl and all of the terms, covenants and provisions hereof shall inure to thebenefit of and be binding upon each of the Parties hereto and their respective legal representatives, successors and assigns and shall run with, inure to the benefit of, and be bindi-ng upon the Grantor, Grantee, and Grantor Property and anyone claiming under or through them. 13.3 lf any action at law or in equity is necessary to enforce or interpret the terms of this Easement Grant, the prevailing party or parties shall be entitled to reasonable attorneys'fees, courl costs and necessary disbursements in addition to any other relief to which such party orparties may be entitled. 13.4 lI any provision of this Easement Grant is held to be illegal, invalid or unenforceable under present or future Laws, such provision will be fully severable and this Easement Grant will be construed and enforced as if such illegal, invalid or unenforceable provision is not a part hereof, and the remaining provisions hereof will remain in full force and effect. ln lieu of any illeoal. invalid or unenforceable provision herein, there will be added automatically as a part of this Easement Grant a provision as similar in its terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable. 13.5 This Easement Grant is the full and complete agreement concerning its subiect matter between Grantor and Grantee as described herein. Notwithstanding the foregoing,, Grantor and Grantee acknowledge that this Easement Grant is one condition of the Grantor obtaininq clear title to the public right of way vacated by Ordinance No. S-lt1). '13.6 Time is of the essence for the performance of this Easement Agreement. 13.7 Grantor covenanls that it is the owner of the Grantor Property and has the right, ti e and capacity to grant the easements herein conveyed. 13.8 Easements Run with Land. All easements and covenants contained in this Easement Grant shall run with and againsl the land so described and shall, except to the extent otherwise specifically provided in this Easement Grant, be appurtenant to and a benefit thereto and a burden thereon- 13.9 This Easement Grant shall be referenced on Grantor's prat of subdivision provided that doing so does not create any private right of enforcement of this Easement Gr"ni in iri" o*n".of any land other than that which is burdened by this Easement Grant. 13.10 This Easement Grant is binding upon the successor and assigns of the Grantorand Grantee, and lt is understood that this agreemenl cannot be abrogated, Jn"ng"J'o, utt"reain any way except by writing, legally signed by both Grantor and Grantee. 13.11 This Easement Grant shall be recorded at the Office of the Recorder of Deed forDuPage county, lllinois following execution as necessary, by mortgagees ot mortgqqee consent.Until such time, as the consents are obtained, this Easement Agreement sha ue viti6""nJUinoing between the Parties and neither party shall take any action or engage in inaction that woulddiminish the othe/s rights or rights of any mortgagee. 13.12 The caplions and headings in this Easement Grant are for convenience and shallnot be held or deemed to define, Iimit, describe, explain, modify, amplify or add io tfreinterpretation, construction or meaning of any provisions of or the scope or inteniof this iasement Grant. 13.13 Except as othenarise expressly provided herein, each and every one of the rights,benefits and remedies provided by this Easement Agreement, or by any instrument or documents executed pursuant to this Easement Grant, are cumulative and shall not tre exclusive of any otherof said rights, remedies and benefits allowed by law or equity. 13.14 lf the rule against perpetuities or any other rule of law would invalidate theEasemenl Grant or any portion or provision hereof or would limit the time durinq which theEasement Grant or any portion or provision hereof shall be effective due to the potenial faiiure ofan interest in property created herein to vest lvithin a particular time, then eaci such interest inproperty shall be effective only from the date hereof until the passing of twenty (20) years atterthe death of the last survivor of the members of congress of the United siaies'ot nmertca(including the House of Representatives and the Senate) representing the State of lllinois who are serving on the date hereof, but each such interest in property shall be e):tinguished aftei suchtime, and all other interests in property created herein and all other provisions hLreof shall remain valid and effective without modification. 13.15 Any improvements installed by Grantor within the Easement Area shall comply with all ordinances, codes and regulations of the Village ofoak Brook or any other governmental entity having jurisdiction over the Easement Area. lN wlrNESS WHEREoF, the parties above named have hereunto set their hands and seals the date first above written. [Signature Page to Follow] STATE OFILLINOIS ∞UNl「Y∝DUPAC`藪 1鈴「 RUSTEE EXCULPAT10N BELOノ Ⅵ GRAN「FOR: CHICAGO T「ILELAND TRUST COMPANY, as￢mstee undernst agreerrlent dated December19,201l and ttmst No ll_12497 in and for the County ard Shte aforesaid, DO HEREBY personally known to me to be the person whose name is appeared before me tiris day in person and acknowiedged tlat he slgned,sealed and deNered the sad instument as hls tee andゃ oLnttry act and as the free and vOluntary翻d電器懲%i胤肌T猪 =鴛四 M8L町 Dated: GRAhfTOR: CHICAGO TITLE LAND 〇〇MPANY, datedas Tru$ee under tust December19,201 Trusl No. 11-12497 STA￢E OF ILLINOIS COUhlFY OF DUPAGE l,____ CERTIFY,that subscribed to the signed, sealed and act ofsad STATE OFILLINOIS WI Charlote K Pn L じ¨いよ「A )へ )餞 nセ ●uckla Nobry Publに ,in and brthe County and Shte afo_ld,DO HEREBYCERTIFY hatGOPAL G LALⅣいと劇Nland CttOT「E K PRUSS,Pκ gdent and cttrk of詭 ⅥLLAGEoF oAK BRooK, who are personalv knoryn to me to be rhe person whose name b suuscribed io'he ' foregoing instumenl appeared before me tris day in person and ad<nowledged tnt trey signed, ;;bd anddelivered the said instrument as their fiee and voluntary ad and as the ftee and votunrary a& of saidVILLAGE for the uses and purposes therein set forth. ゞ唸鵡赴ど1 Nttry PuЫ た))SS:)「 RUSTEE EXCULPAT10N BELOめ η GRAnITE ⅥLLAG/OF OAK BROoK Pttnted Narnα Gopal G Lalmabni CO∪hfFY OF DUPAGE Given under my hand and nrcbrial seal his ,o EXHiBIT A LEGAL DESCR:PT:ON OF GRANTOR PROPERTY PARCEL ONE LOT 21N WENNES ESTATES SUBDIViSiON OF LOT llN LUTHIN'S SUBDiVIS10N A PART OF THE SOuTH HALF OF SECT10N 36,TOWNSHIP 39 NORTH,RANGE ll,EAST oF THE THIRD PRINCIPAL MERIDIAN,ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 17,19491N THE OFFICE OF THE DUPAGE COUNTY RECORDER OF DEEDS AS DOCUMENT 5630411N THE ViLLAGE OF OAK BROOK,DUPAGE COuNTY,:LLINOIS PARCELTWO THAT PART OF LUTHIN ROAD RIGHT-OF WAYIN THE ViLLAGE OF OAK BR00K, DUPAGE COUNTY,ILLINOIS,DESCR!BED AS FOLLOVVS: BEGINNING AT THE NORTHEAST CORNER OF LOT llN LUTHIN'S SUBDiVISiON,A SUBDiViSiON S:TUATEDIN PART OF THE SOUTH HALF OF SECT10N 36,TOWNSHIP 39 NORTH,RANGE ll EAST OF THE THIRD PRINCiPAL MER:DIAN ACCORDING To THE PLAT THEREOF RECORDED FEBRUARY 17,1949 AS DOCUMENT 563041 1N THE OFFiCE OF THE RECORDER OF DEEDS,IN DUPAGE COUN7Y,lLLINOIS:THENCE NORTH 73 DEGREES ll MINUTES 26 SECONDSllVEST ALONG THE NORTH LINE OF SAID LOT,A DiSTANCE OF 265 77 FEET TO THE SOUTHEAST CORNER OF LOT 15 0F SAID LUTHIN'S SUBDiVIS10N;THENCE NORTH 67 DEGREES 40 MINUTES 26 SECONDS EAST,A DISTANCE OF 57 04 FEET:THENCE SOUTH 73 DEGREES ll MiNUTES 26 SECONDS EAST,A DISTANCE OF 220 21 FEET;THENCE SOUTH 14 DEGREES 42 M:NUTES 52 SECONDS WEST,A DiSTANCE OF 36 02 FEET ALONG THE WEST RIGHT―oF WAY LiNE OF YORK ROAD TO THE POINT OF BECINNING 11 EXHIB:TB PLAT OF VACAT10N 12 PLAT oF VACATION OF 脩藝雌楡僻靱鸞鸞輔鸞l騨癬燃髄舗拙麟螺指晟鮮壁攣二翌聟rw選出出F異躊選出』「■Ⅷ電押場RFP出缶ゅ 11F II 恩賦.卜 _三二___二卑11(‐ | コr 、 7■ヽ、、三11響時ヽ轟隠鹸抑II￢「｀＼＼＼、、し響■,蕉 F｀・t・ ……“"o子 …・…一。Ar館 °￢け―~ Ⅲパ1■lLtッ ⅢII ヽ 1/1■晩 Lllド富胤 ;“ ~二 iミミミ:、、、轍鞠蝉醐麟醐鰯脚脚鶴彙＼く゛・・凛ヽ|』:」∵tl l “ ||墓翼馨響理頭讐翼聾巌∬聾 L_____一 ―一―~一 ――~~一一 ― ――――- 1雷詔協鶏|-'Eaffi,m-L$.#' fl$l&sffi;W+SrHI{rlBilr1 il- *- 'fliffir ffiJfiHiffi"*ffi …瀬潟霊LI“ f,r.Efl*em, x(r{r{.q|stresrvur* ffi,eJ,:H ffirR &trJffiiffi*rax-,iuarar&,.ififfiff Ee?m_i*diru-qrroa r 黒道颯 ;、獣」胤 |“ 榊主路鶏T嘱憾発∥蹴寧ば爵硼ξ:樹戯まだ器語脚写犠 iS 昴L crall誌 J鵠絨ギ面ご°一―一m。一辮棚脱懲朧餞貯輔3騰響わ鮮礎贄「[ EXH:BIT C DEPiCT10N OF EASEMENT AREAS 13 |-¨ ‐―――‐‐――・だ__‐‐‐‐‐‐―‐‐‐――~―‐‐‐‐――nlaげ EXHIBIT c DEPIcTIoN OF EASEMENT AREAS ~~ 躍 ∥T爵神騨搬糧鶴凛請巌協翻鵠環認r咄 1■1臓「EttL ｀｀｀ヽゴ躍 ~哄翻 …… 旺出==岬 ‰ Iミヽ、 J讐〔姜∥崎」x摯。薇、、 AREA SUMMARY WENNES COuRT ピ=轟 =圧識ヨ。 '旺彎継島 Rr組躍帥躍出F″中 “"― ・嵩出諄路ヽ議占雪 =轟路廿=騰昌品ド・・“'・7 納 ==距 TI踏署闘満属語高け出路剛器t■品貯l語ド"Ⅸ嗅““電… 鰐搬製駐湯澱:贈藤撻鮮臨… 掛複職li畷掛ξも聡駆懇酬 ∥風∥ ＼ ‐t・ヽ●ヽ｀ミミ、｀｀ヽ｀ボ:ミ、、7｀ヲ一一一一一一一 … 一一一一ヽ餞 |` |:) =NG]NEER:NGRESCじ RCE ASSOCIATES August 23,201.8 Land Survevor's Authorization to Record State of lllinois County of DuPage l, Timothy B. Martinek, lllinois Professional Land Surveyor, No. 35-003782, do hereby authorize Charlotte Pruss to record the final plat of subdivision "Wennes Estates" with the DuPage County Recorder of Deeds. Given under my hand and seal this 23 day of Aueusr in the year 2018.))SS)B.乾 Timothy B. Martinek lllinois Professional Land Surveyor No. 35-003782 License Expires: November 30, 2018 F om03782 PROFESS10NAL 鰤 sURVEYOR WARRENⅥ:lF 3s70■ヽVest Avenue,Sじ ite■50 ヽヤalrenville.lL 60555 P630393.3060 CHiCACO ■O South Riverside Piaza,Suite 875 ChicagO,IL 60606 P3■2.474_784■ … eraCOnsuitants.com CHAMPAICN 24■6 Galen Drive ChaFllpaign.:L6■82■ P2■7.3516268 ENG:NEERS I SCIEttSTS i Sじ R鰺電γORS ― '「‐・・ : ‐ 三二| :