10/08/2012 Council Packet - Laserfiche WebLink

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• • Peninsula and is owned by the Oak Brook Peninsula Homeowners Association (the "HOA "). 6. The private drive can serve as the cartway for purposes of accessing the Land. 7. It is reasonable to utilize the existing paved portion (which is two rods wide) of the private drive for the cartway, beginning at the eastern terminus of Otter Lake Drive and extending eastward as shown on the survey attached hereto as Exhibit B. In addition, to provide reasonable access from the north edge of the existing paved drive north to the southern boundary of the Land, the cartway is to include a portion of Outlot A 33 feet in width as shown on Exhibit B. 8. The City has incurred costs and expenses in connection with these cartway proceedings. Petitioner escrowed $7,500 to apply to the City's costs. Any costs incurred over and above that amount shall be paid by Petitioner. 9. Petitioner intends to use the cartway for the following purposes: a. Occasionally accessing the Land with residential lawn maintenance equipment; and b. Occasionally accessing the Land with normal residential vehicles. 10. The Land is not to be used for commercial purposes or any other purpose contrary to City ordinances. 11. As the owner of Outlot A, the HOA will incur the following damages as a result of the creation of the cartway: a. Damage to the underlying land: $ b. Damage to the existing improvements: $ 12. It is not appropriate for the City to maintain the cartway given its private usage. The cost of maintenance must be equitably divided between the HOA and Petitioner based on factors such as: a. Frequency of use. b. Type and weight of vehicles or equipment. c. Distance traveled on the cartway to Petitioner's property. 13. The City finds that: a. Petitioner's use will be sporadic and infrequent. The HOA members will continue to use the private drive as a residential street for access to their homes.