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2003-36RESOLUTION NO. 2003- 3 6 0 A RESOLUTION AUTHORIZING TBE EXECUTION OF A STORMWATER COVENANT WHEREAS, the President and Board of Trustees of the Village of Buffalo Grove desire to cause the implementation of the Aptakisic Road Sidewalk Project; and, WHEREAS, the approval of a Stormwater Covenant, pursuant to the Lake County Watershed Development Ordinance, is required in order to proceed with the project. NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Buffalo Grove, Lake and Cook Counties, Illinois, that the Village President be, and is hereby authorized and directed to execute the "Stormwater /Drainage Restrictive Covenant by Deed ". A copy of said covenant is attached thereto and made a part thereof. AYES: 6 - Braiman, Glover, Berman, Johnson, Kahn,Trilling NAYES: 0 - None ABSENT: 0 - None PASSED: August 4 2003 APPROVED: August 4 2003 APPROVED: Village President ATTEST: Villa erk G:\ENGH4M\0rd & Resvtesw -s.doc STATE OF ILLINOIS) )SS: COUNTY OF LAKE ) • �S 5362095 FILED FOR RECDRD BY: MARY ELLEN VANDERVENTER LAKE C OUNTY i, IL RECORDER 09/11/2003 - 10:54.16 A.M. RECEIPT 112976 DRAWER 24 STORMWATER/DRAINAGE RESTRICTIVE COVENANT BY DEED The Village of Buffalo Grove, an Illinois Municipal Corporation, fee owner of the following described real property located in the Village of Buffalo Grove, County of Lake, State of Illinois, being the owner of all that certain real estate designated and described as follows: LOT 9001 AND LOT 9005 IN THE VILLAS OF BUFFALO CREEK UNIT ONE SUBDIVISION, BEING A SUBDIVISION OF PART OF THE NORTH 1/2 OF THE N.E. 1/4 OF SECTION 29, TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, PURSUANT TO A PLAT OF SUBDIVISION RECORDED APRIL 25, 1979, AS DOCUMENT NO. 1900528, said parcels) /lot(s) to be subject to the following covenants: 1. Use Restriction. A restrictive covenant running with the land for the installation and maintenance of stormwater and drainage facilities are reserved on the following described property: The compensatory storage area as shown on the attached Exhibit A. Within these restricted areas, no structure, planting, or other material shall be placed or permitted to remain which may damage or interfere with the installation or performance of stormwater and drainage facilities, floodplain, wetlands & buffer areas or which may change the direction of flow of stormwater or drainage channels in the restricted areas, or which may obstruct or retard the flow of water through stormwater and drainage channels in the restricted area. The restricted area of each lot shall be maintained continuously by the owner of the parcel or lot. 2. Term. This covenant is to run with the land and shall be binding on all parties and their successors and all persons claiming under them, and all public agencies, for a perpetual period from the date these covenants are recorded. 3. Enforcement. Enforcement shall be by proceedings at law or in equity against any person violating or threatening to violate any covenant either to restrain violation or to recover damages. Enforcement may be undertaken by any grant or grantee in the chain of title, any property owner lying downstream or upstream adversely affected by any violation or threat to violate this covenant, or the host municipality or stormwater management commission. 4. Reference. This restrictive covenant shall be referenced on all deeds or other future instruments of conveyance for the subject parcel(s) /lot(s). In Witness Whereof Village of Buffalo Grove, the fee owner, has caused these presents to be signed and acknowledged, this. 41 day of , 2003. THIS DOCUMENT PREPARED BY: Mr. William G. Raysa, Village Attorney RAYSA & ZEMMERMANN 22 S. Washington St. Park Ridge, IL 60068 VILLAGE OF BUFFALO GROVE, an Illinois Municipal Corporation By: Village President RECORDER MAIL TO: Village of Buffalo Grove Village Clerk's Office 50 Raupp Boulevard Buffalo Grove, IL 60089 GAENGINEERTORMS \Deed.doc 2 53G Z ON K r • a O w I c 1 1 i F [ v, •�♦ [ i i t 1 I 1 1 C O i V' N +O c i LO + `* - •• 1 I � L U N o 1 I # O c cn O O O co! �1 i O - 1-0 =5 (1) E ' m p U Q iI 1 I1 / J O > 1 I � 11 I I 1 1 c 1 I 1 i i I I 1 v, •�♦ [ i i t 1 I 1 (ice ! 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