2012-059 Council Resolution - Laserfiche WebLink

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c. The existing private bridge over the channel was built instead of a culvert for the express purpose of allowing boat access to Otter Lake via the channel. d. The channel's depth varies from year to year, but it was designed to be navigable and was in fact previously navigated by boat. 5. An existing private drive extends from the eastern terminus of Otter Lake Drive along the entire southern boundary of the Land. The private drive is Outlot A of Oak Brook 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 369 feet 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. The cartway constitutes 9.27% of the existing paved driveway. 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: $ 1,014.75 2 • • •