R-36-07 Res. Ashbury Woods Unit 2 Subdivision Planned Unit DevelopmentVILLAGE OF LEMONT yy��
RESOLUTION No. R`35 D ` � /
A RESOLUTION ACCEPTING ASHBURY WOODS UNIT 2 SUBDIVISION
PLANNED UNIT DEVELOPMENT
ADOPTED BY THE
PRESIDENT AND THE BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
THIS 16TH DAY OF APRIL, 2007
PUBLISHED IN PAMPHLET FORM BY
AUTHORITY OF THE PRESIDENT AND
BOARD OF TRUSTEES OF THE VILLAGE OF
LEMONT, COUNTIES OF COOK, WILL AND
DUPAGE, ILLINOIS, THIS 16TH DAY OF
APRIL, 2007.
RESOLUTION NO. - D7
A RESOLUTION ACCEPTING ASHBURY WOODS, UNIT 2 SUBDIVISION
PLANNED UNIT DEVELOPMENT
WHEREAS, pursuant to the Subdivision Regulations, an owner or developer of a
subdivision is required to deposit certain security or evidence thereof with the Village of Lemont
to guarantee the installation of such improvements; and
WHEREAS, in the matter of Ashbury Woods — Unit 2 Planned Unit Development
(PUD), located south on 127`h Street at Ashbury Drive, Irrevocable Letter of Credit
#SBY/04/30247 was issued by First American Bank in the amount of $640,456.00 and was
deposited with the Village of Lemont on July 22, 2004; and
WHEREAS, Ashbury Woods LLC, requested and received a reduction of Irrevocable
Letter of Credit # SBY/04/30247 via Resolution R -23 -05 on May 23, 2005 to a current balance
of $197,107.53; and
WHEREAS, at the request of the Village of Lemont, and on behalf of Donven Homes,
LLC, James Cainkar of Frank Novotny and Sons, has inspected the public improvements and has
recommended acceptance of Ashbury Woods Addition P.U.D. with a Maintenance Letter of
Credit amount of $64,045.63; and
NOW, THEREFORE BE IT RESOLVED by the President and Board of Trustees of
the Village of Lemont, that Ashbury Woods Subdivision P.U.D. — Unit Two is hereby accepted
with the following conditions:
1. Donven Homes, LLC, posts a Maintenance Letter of Credit in the amount of
$64,045.63 for a period of two years with the Village of Lemont;
2: The Village is in receipt of a fully executed Bill of Sale.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DU PAGE,
ILLINOIS, on this 16" day of April, 2007.
Debby Blatzer
Peter Coules
Clifford Miklos
Brian Reaves
Ron Stapleton
Jeanette Virgilio
ATTEST:
AYES NAYS PASSED ABSENT
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APPROVED by me this 16' day of April, 2007.
JOHN ^. PIAZZA, Village Pr:si.ent
CHARLENE M. SMOLLEN, Village Clerk
M: COM:MUNITY DEVELOPMENT DEPT @00 • DEVELOPMENP250 - CASE FILES \ 2003\ 23 .06 AshWoods Phase IIVsccept Ashbury Woods 2 RES 4- 07.doc
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Civil Engineers/
Municipal Consultants
Drank Novotny & Associates, Inc.
825 Midway Drive a Willowbrook, IL <- 60527 Telephone: (630) 887 -8640 4 Fax: (630) 887 -0132
March 22, 2007
Mr. James Brown
Community Development Director
Village of Lemont
418 Main Street
Lemont, Illinois 60439
Re: Ashbury Woods Addition
Dear Jim:
Please be advised that at this time I would recommend acceptance of the public
improvements for Ashbury Woods Addition, which would start the two (2) year maintenance
period, upon approval of the Village Board, and the Village's acceptance of the bill of sale.
The maintenance balance should be as follows:
$640,456.33 x 10% = $64,045.63.
(At this time, 1 would also like to notify Donven Corp. to do something to remedy the wet
condition of the Unit 1 detention facility, as part of the maintenance period requirements for
Ashbury Unit 1.)
Should you have any questions concerning this matter, please do not hesitate to contact
me.
Very truly yours,
FRANK • ►TNY & ASSOCIATES, INC.
James . Cainkar, P.E., P.L.S.
JLC /debi
cc: Mr. Dan Fielding, Director of Public Works
Mr. Don Stevens, Donven Homes, Inc.
Project File No. 04105
BILL OF SALE
KNOW ALL MEN BY THESE PRESENTS, that Donald A. Stevens, on behalf
of Ashury Woods LLC, an Illinois limited liability company, (hereinafter referred to as
the "Developer "), in consideration of ONE DOLLAR ($1.00) and other valuable
consideration, does hereby grant, sell, transfer and deliver unto the VILLAGE OF
LEMONT, an Illinois municipal corporation, the following goods, chattels and other
items of personal property in connection with the Ashbury Woods Subdivision Unit 2,
namely:
All public improvements located within the Ashbury Woods Subdivision (Unit 2,)
located generally, west of Ashbury Woods Unit 1 Subdivision, on the north side of 129th
Street, Village of Lemont, such public improvements including but not limited to all
sanitary sewer and water lines, all storm sewer lines, all streets and street improvements,
all curbing, all sidewalks and streetlights, signs and parkway trees.
The object of this Bill of Sale is to grant sell, transfer and deliver to the Village
the ownership of all items of personalty that comprise the sanitary sewer, water
distribution system, and street system installed by the Developer to date within the
Ashbury Woods Subdivision (Unit 2,) located west of Ashbury Woods Unit 1
Subdivision on the north side of 129th Street.
FURTHER BE IT KNOWN: That Developer does hereby covenant that it is the
lawful owner of the aforedescribed goods, chattel, and personalty; that such items are free
from all encumbrances; that it has the right to sell the same as aforesaid; and that it
warrants and will defend the act of said corporation.
DATD at Lemont, Illinois this 28th day of March, 2007
By:
Donald A. Stevens, Member
STATE OF ILLINOIS)
)SS.
COUNTY OF COOK)
I JoAnn T. Stevens, a Notary Public in and for said County, in the State of Illinois,
DO HEREBY CERTIFY that Donald A. Stevens is personally know to me to be the
same person and acknowledge that he signed, sealed and delivered the said instrument as
his free and voluntary act, for the uses and purposes therein set forth
Given under my hand and seal this 28th day of March, 2007
Notary Public
OR4M L SEAL:
JQMN T STEVEN
NOTARY PUOUC - STAN OF ILLINOIS
MY COMMON E iS :12na 1