Attorney Hovard told the board Sept. 2 that the village already owns a 100-foot-wide outlot (Outlot A) behind Thornton’s and CubeSmart and that past cross-easement agreements gave Thornton’s and CubeSmart approval rights and maintenance obligations for the access strip. He said the parcel was acquired in 2007 for long-range planning and that easements were created to provide marketable access for the commercial properties.
Hovard said the county’s Deerfield Road project will close one curb cut used by Elevate Care and that the county plans to rebuild Outlot A as a three-lane roadway with gutters and storm infrastructure; the county will also extend paving into Elevate Care’s parking lot as part of its project. The change will make Outlot A a logical public connection point for multiple properties, Hovard said.
To simplify management and avoid competing private approval rights, Hovard proposed the village designate the parcel a village street so the village — not easement holders — controls access. That designation would eliminate Thornton’s and CubeSmart’s easement-based approval rights and make maintenance and access responsibilities a matter of municipal street policy rather than private easement negotiation.
Trustee Jamerson confirmed that the south connection is intended to replace a curb cut that will be removed by the county; Attorney Hovard said the county will pay for the rebuild. Trustee Clayton asked who has maintained the drive to date; Hovard said maintenance had been handled under the easement agreements (shared by Thornton’s and CubeSmart) and included snow plowing.
Hovard said he will approach Thornton’s and CubeSmart to negotiate a modification to the easement agreement and will inform the county because the village’s decision will facilitate the county’s negotiations with Elevate Care.