Blackberry Creek improvements still just talk

By on October 5, 2012

by Susan O’Neill
ELBURN—According to Elburn Village Attorney Bob Britz, the bonding company holding the escrow money for Blackberry Creek has agreed to complete everything on the subdivision’s punch list, with the exception of providing the “as builts.” The agreement is verbal at this point, with nothing yet spelled out in writing.

At the last Village Board meeting on Sept. 17, Public Works Superintendent John Nevenhoven said that one of the items on the list involves a number of streets within the Blackberry Creek Subdivision that need a second layer of asphalt (blacktop) to keep the exposed layer from decaying.

“We’ll probably miss the season on the streets,” Nevenhoven said.

Britz on Monday told the Village Board that he has created a template of a complaint against the owner of the detention pond east of Blackberry Creek Drive and the open space, BMO Harris Bank. The village will issue 30-plus ordinance violations to the bank, which currently owns a number of lots where the weeds are 6 feet tall.

Britz said he is working through the legal issues, as some of the bonds were vaguely written. And there is some question as to who ultimately owns some of the ponds within the development. Also, there may not be enough money set aside to take care of the agreed-upon improvements in Blackberry Creek, so the village will want to prioritize what items it needs to have completed.

The village in April 2010 declared Blackberry Creek Subdivision developers B&B Enterprises, Inc., to be in material default for unfinished street and sewer work, and called for more than $10 million in developer insurance bonds to pay for the improvements.

The village then began working through the legal process to compel the bond company to complete the roadways within the subdivision.

“We’re going to keep pushing ahead,” Britz said.