R-365 - 04/10/1984 - SUBDIVISIONS- FINAL PLAT - Resolutions ititohowiLs 4r
1ESOLIMOR NO. 114- 365
A RESOUITI/Lti1liA�Y ��,. t Tiii Y . s S VI 4 4 •
INK CAOSSZIRIS AT O A 111201
Wi E1EAS, the Plan Coe tisaion of the Village of Oak Brook on March 19, 195
recommended approval of the iroposed The,Crossings At Oak Brook Subdivisof; and
1V0ERES, the President and Board of Trustees have conourred with this
reooamsndation subject to certain oonditionsi
W , INBIEFORE, BE IT#E.Sa.R.i1 ST THE rassirerr AMP scARc CF Thum= CF THE
viu.hog of COX 11000E, W rids AND COOL S, ISIS as folks s
Seotioe 1: That the Final Plat of Subdivision of the subdivision known as
The Cron ings`ir Oak Brook prepared by the Balsas) Olson Group, Inc. and dated as
last revised March 15, 19811 be and is hereby approved subject to the conditions
entserated in Section 2 of this Reaolutiop.
2.1.
A. That the requirements of the Subdivision Regulations for
the construction of land inprovasents including sidewalk,
and street lights are waived.
B. That the requirement for a topographic study be.waived.
C. That the existing electrical transmission lines on the
property be pereitted to remain sl ove-groUnd.
D. A w fiver of the leiquirmseab"t "inaludArcon the Pist the
resetnder of property owned by Northern Illiiaois Ohl
Coot Any and designated asPertsan t ar el r
o . 1 =b)b t,i*dam $ 0 1•0 '; p tube.It r0h
i400, 01414 IissSsst 1gi►t•_$1.
E. A i "it'tetetain Easement be placed on the st along the
Nortitird border of the pr�"tovering the misting
watsaaain:iii tot► arsS. `4 ,
tr�e g. That all reQ en s:,4onditiona and standards of the
subs F egul atiens of the Villa*e.gf Oak Brook eloept;as waived or limited
by this°Neeolution` l be a applicable to the s'. dtv1siott end dame opb4ttt of'said
The C osainga At Oak Brook Subdivision.
PASSED and APPROVED this 10th day of April , 19t hl by a
roll call vote as tollowe:
Ayes: Trustees laria. Isiatecki. lfiaher, Philip, Ruth'and Wateog:
Ways: None ------- ....�.w..-•.
Absent:.N(me
ATTESTS
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VI LLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
654-2220
March 22, 1984
Village President & Board of Trustees j
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60521
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RE: Crossings at Oak Brook Subdivision - Final Plat
(West end of Kensington Road)
Dear President & Board of Trustees: 4
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The Plan Commission, at its regular meeting of March 19, 1984, considered the request
of Vantage Properties, as owners of Lot 12 in the Corporate Plaza Subdivision Unit #2
and contract purchasers of that portion of the NI Gas property located directly North
of Lot 12, to consolidate the two parcels into a one-lot subdivision.
The Plan Commission recommends to the President and Board of Trustees approval of the
Subdivision Plat and waiver of the following items:
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1) Topography.
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2) Subdivision improvements.
3) A public utility easement along the rear (Northerly) lot line. �1
4) That the existing Commonwealth Edison Company high tension wires be allowed j!
to remain above ground.
5) Depicting on the Plat the remaining NI Gas lot 12. �!
This recommendation was made on a motion by Member O'Brien, seconded by Member Ramm
and approved'on a Roll Call Vote of five (5) ayes: Members Beard, Marcy, O'Brien,
Ramm, Chairman Reece; zero (0) nays; two (2) absent: Members Antoniou, Bushy.
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Sincerely,
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Donald B. Reece, Chairman
Plan Commission `
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VI LLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
March 22, 1984
654-2220
MEMO TO: John H. Brechin, Village Manager
FROM: Dale L. Durfey, Jr. , P.E.
SUBJECT: The Crossings at Oak Brook - Final Plat
RECOMMENDATION: That the Village Board require the granting of the necessary
Public Utility Easement along the northerly and northwesterly
lot line of proposed Lot 1 to encompass our existing water
main installation.
I have further reviewed the subject of our existing water main location with
Superintendent of Public Works, Floyd Wilson, as it specifically relates to
the proposed subdivision. Our drawings show: that the Village has a twelve
(12") inch water line which proceeds southerly from Well #2, under the East-
West Tollway, and then lies within the Northern Illinois Gas Company property
at a distance of approximately five (5' ) feet from the northwesterly lot line.
Discussing this issue with Floyd, he informs me that this water main was con-
structed by the Oak Brook Development Company and turned over to the Oak Brook
Utility Company. Floyd's best recollection is that the necessary easement within
the Northern Illinois Gas Company property was to have been granted but that the
Development Company apparently forgot about it.
After reviewing these facts, it is apparent that the Village needs a Public Utility
Easement along respective portions of the northwesterly and northerly lot line
of the proposed Crossings Subdivision. This matter was not known when this issue
was heard by the Plan Commission; therefore, the importance of the Village
receiving an easement was not known.
Res �ctfully submitted,
l//
Dale L. Durfey, Jr., P.E. ,
Village Engineer
DLD/etg
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PLAN COMMISSION Minutes -5- March 19, 1984
V CROSSINGS AT OAK BROOK SUBDIVISION - FINAL PLAT (WEST END OF KENSINGTON)
Jeffrey Jahns and Fred Kaplan of the law firm of Seyfarth, Shaw, Fairweather and
Geraldson, presented the proposed subdivision and highlighted their various re-
quests. Mr. Kaplan also presented a letter dated March 16, 1984 addressed to
Mr. Bruce Kapff.
General discussion ensued between members of the Plan Commission and Mr. Jahns
and Mr. Kaplan concerning the various requested waiver items (depicting on the
Plat the remaining NIGas Lot 12, a public utility easement along the South half
of the Easterly lot line, a public utility easement along the Northerly lot line,
deletion of parts of the Owner's Certificate) .
Member O'Brien stated that he thought a Mortgagee's Certificate would be required
on the Plat of Subdivision, and Acting Village Attorney Martens responded that
he would check on this issue.
Upon further discussions, Mr. Jahns stated that they will add the public utility
easement along the South half of the Easterly lot line, so that an easement exists
between Kensington Road and the East-West Tollway.
A motion was made by Member O'Brien, seconded by Member Ramm, to recommend to the
President and the Board of Trustees approval of the Subdivision Plat and waiver
of the following items:
1) Topography.
2) Subdivision improvements.
3) A public utility easement along the rear (Northerly) lot line.
4) That the existing Commonwealth. Edison Company high tension wires be
allowed to remain above ground.
5) Depicting on the Plat the remaining NIGas lot 12.
Chairman Reece inquired if there was anyone in the audience who wished to speak
regarding this subject, with no one appearing.
ROLL CALL VOTE: Ayes: (5)
Members Beard, Marcy, O'Brien,
Ramm and Chairman Reece
Nays: (0)
Absent: (2)
Members Antoniou and Bushy
MOTION CARRIED. . . . .
PLAN COMMISSION Minutes -5- March 19, 1984
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March 16, 1984
. 269-8379
BY 10SSEMIGER
Mr. Bruce Rapff
Assistant to the Village Manager
Village of Oak Brook
1200 Oak. Brook Road
. .Oak Brook, Illinois
Re: The Crossings at Oak Brook
Subdivision Plat
Dear Bruce:
In response to your letter dated February 28 , 1984 ,
enclosed please find one ( 1) cope each of the ,following
documents: 1 ) R74-55920; 2) R75-26060; 3 ) R69-1030;
4 ) R£9-1031; 5 ) R66-4660; and 6) R68-2840 . A revised sub-
division plat incorporating your comment nos. 1, 2, 3,
40, 7, 8, 9, 10, 11, 12 and 13 has been sent to you under
separate cover by Bruce Brucklemeyer of. the Balsamo/Olson
Group, Inc. t
Although the revised subdivision plat also incorporates
the change suggested by your comment no. 5, we, nevertheless,
hereby request a waiver with respect to the designation !
as separate lots on the final plat of subdivision of that
property which is noted as "Exception" on the revised plat
of subdivision and that property which is cast of the new
lot no. 1. although per your corment no. 9 the revised 1
subdivision plat also provides for a utility easement along
a portion of the property' s easterly side lot line we do
not read the Subdivision Ordinance to require this easement
and, therefore, request your clarification and in the alternative
a waiver of this "requirement" as well.
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With respect to your comment nos. la and 15, and if
the new utility easement is either waived or not needed,
t ' L Och 16, 1984
Yx. Bruce gapff Page 7'w0
we also request a waiver of the requirement of the Village
.of Oak Brook Subdivision Ordinance that the language contained
in paragraphs two and three of the Owner's Certificate
included as part of Appendix r to the Subdivision ordinance
not be included in the subject plat- of subdivision.
Finally, as concerns your cormient no. 15, please be
advised that the final plat of subdivision will not contain
a mortgagee's certificate since the same is not required
by the Subdivision Ordinance.
Thank you for your consideration of this matter. Should
you have any questions concerning any of the above, please
feel free to give me a call.
Very. truly yours,
SEYFAP.TH, SHAII, PAIRT-MAC R & GEIRALDO N
By
Frederick M. Kaplan w
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3040 Salt Creek Lane•Suite 190•Arlington Heights,Illinois 60005-(312)577-3950
Va n�ta�ga e
Companies
March 21, 1984
President and Board of Trustees
Village of Oak Brook
1200 Oak Brook Road
I Oak Brook, Illinois 60521
Re: The Crossings at Oak Brook - Vantage Properties, Inc. ' s
Application for Parking Variation
Dear President and Board of Trustees:
I felt that in the process of open discussion of our requested
variation from the requirements of Section XI (E) (7) of the
Village of Oak Brook Zoning Ordinance on Tuesday, March 13 ,
1984, Vantage' s "economic hardships" were not clearly and
concisely defined by me.
Toward that end I offer the following points:
-The subject site has a significant problem due to
unsuitable soil conditions within the site. We tested
the site as a prudent buyer prior to purchase and
became aware of some unsuitable soil areas. Only
after closing and upon the conception of the final
building placement plan and detailed foundation soil
testing did we become aware of a much greater un-
suitable soil condition. As a result if we are forced
to move the structures south on the Property so that
the front of the building is at the front yard setback
line, as would be required if the present petition for
a variation is denied, Vantage will incur significantly
higher foundation costs. This will result from the most
northerly building then falling into an area of unsuit-
able soils and require the building foundations to be
placed on deep drilled pilings.
-The adjacent Ceco Corporation building encountered an
artesian well during construction and today requires
constant mechanical sump pump operation to keep water
from their building. They pump in excess of 8,000 gallons
per day. As we move our buildings southwardly and east
wardly we increase the chances of encountering a similar
ground water condition.
•Commercial Real Estate investors and Developers
March 21, 1984
Village of Oak Brook
Page 2.
-The plan as develope& pays particular attention to
balancing the distribution of parking spaces around
the building entrances. If forced to move the structures
to conform to the front setback line plan, the parking
becomes unbalanced and requires a building occupant to
walk distances as great as 600 plus feet from a parking
space. An. acceptable distance "rule of thumb" is 500
feet maximum. We feel this is a significant competitive
disadvantage to our building in a very highly competitive
market place.
While the evidence submitted at the hearing is more detailed
and complete, I trust this highlights the most important items.
Very truly yours,
Robert D. ho iton
Executive Vic President
RDS/gm
VILLAGE OY OAK BROOKTtinute3 � _ •
D. A RESOLUTIOPAPPROVING T11E FINAL PLAT_ OF_SUOVISION
KNO;IN AS WESTCHESTER PARK RESUBDIVISIOU. �V
As directed at the Regular Meeting of February 28,. 1984.
After discussion the matter was deferred to the next Regular Meeting of
March 27, 1984 as the extraordinary majority required for passage was not
present.
IV. FINANCIAL:
A. Treasurer's Report:
Trustee Rush moved, seconded by Trustee Maher. . .
To approve the Treasurer' s Report for the month of February, 1984 as
presented.
Revenue Fund Balance
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Corporate Fund $553.050.72 $3,165,180.79
Motor Fuel Tax Fund 11,559.85 87,397.08
Revenue Sharing Fund 23.98 1 ,625.23
Reserve For Capital Purchase 0 - 55,721 .75
Sports Core Bond Fund 2,124.75 . •152,579.28
Sports Core Operating Fund 40,999.23 97,831 .64
Water Fund 152,043.40 3,524,045.90
VOICE VOTE: All present, in favor. So •ordered.
B. ADProval of Bills:
Warrant Register By Fund dated March 7, 1984 presented to reflect payment
from the following funds:
General Fund $487,521 .03
Water Fund 38,833.80
Sports Core Operating Fund 36,908.18
Trustee Rush moved, seconded by Trustee Philip. ..
To approve payment of Warrant Register By Fund in the total amount of
$563.263.01 and authorize the President and Treasurer to affix their
signatures thereon.
ROLL CALL VOTE: Ayes: Trustees Imrie, Maher, Philip .and Rush.
Nays: None So ordered.
V. OLD BUSINESS:
A. Recommendation - Hyatt - Oak Brook Hotel Co. (1909 Spring Road) :
1. Text Amendment Re: FAR
2. Special Use Flood Plain
3. Parking Variations
4. Variation Re: FAR
5. Request - Off-Site Parking
Trustee Maher moved, seconded by Trustee Rush...
To concur with the request of the petitioner and table this matter until the
next Regular Meeting at which all members of the Board are present.
VOICE VOTE: All present, in favor. So ordered.
Vantage Properties, Inc. (The Crossings At Oak Brook - 1420/1520
Kensington Road)
Parking, Driveway and Loading Berth Variations:
Trustee Rush moved, seconded by Trustee Maher. ..
VILLAGE OF OAK BROOK Minutes - 2 - March 13, 1934
VILLAGE OF OAK BROOK Minutes - 3 March 13, 1984'
To concur with the request of the petitioner and table this matter
until the next Regular Meeting at which all members of the Board
are present.
VOICE VOTE: All present, in favor. So ordered.
C. Art Melvin - (324 Oak Brook Road)
1) Rear Yard Variation - Recommendation to approve by Zoning Board
of Appeals on March 6, 1984 to allow the existing accessory building `
and tennis court to cover more than 30% of the newly created rear
yard of the proposed subdivision:
2) Melvin Childrens' Trust Subdivision - Recommendation to approve by
the Plan Commission on February 20, 1984 of subdivision of a two (2)
acre parcel into two (2) -one (1 ) acre lots, with access to Lot 2 from
Chatham Lane in the York Woods Subdivision.
Trustee Maher moved, seconded by Trustee Imrie...
To concur with the recommendation of the Zoning-Board of Appeals and approve
the variation to allow for an increase in the 30% rear yard restriction for
the existing accessary structures to be approximately 51%, and that the
Village Attorney prepare the necessary documents to effectuate same; and
further to concur with the recommendation of the Plan Commission and
approve the final plat of Melvin Childrens' Trust Subdivision waiving the
requirements for sidewalks and street lights and dedication of Oak Brook
Road ROW, reducing the rear lot line easement on Lot 2 to five feet,
permitting the continued use of the well to serve the existing residence,
and subject to providing a covenant relative to restricted access permitted
across the rear lot lines, and that the Village Attorney prepare the
necessary documents to effectuate same.
VOICE VOTE: All present, in favor. So ordered.
VI. NEW BUSINESS:
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A. Fire Department - Authorization - Invitation To Bid - Drafting Pit
As directed at the Regular Meeting of December 13, 19$3•
Trustee Philip moved, seconded by Trustee Maher. ..
To authorize advertising for bids for the construction of a Drafting
Pit Facility and the removal and repair of the existing Drafting Pit site
located at Fire Station 1, 1212 Oak Brook Road, with bids to be received
until 11:00 A.M. on April 4, 1984.
VOICE VOTE: All present, in favor. Elo ordered.
B. Sports Core - Ball Dispensing Machine - Golf Club Driving Range
.Trustee Philip moved, seconded by Trustee Imrie. ..
To authorize approval of Purchase Order in the amount of $2,995.00 to
Teutonix, Inc. , South Bend, Indiana, for the direct purchase from the
manufacturer of a Ball-o-Matic Dispensing Machine.
ROLL CALL VOTE: Ayes: Trustees Imrie, Maher, Philip and Rush.
Nays: None So ordered.
C. Referrals:
With no objections, President Cerne presented a status report on the
Midwest Road/Cass Avenue "S" Curve Improvements as discussed with
representatives of the Village of Westmont and supplemented by an
additional report by the DuPage County Highway Department. It was the
consensus of the members present that the proposed road reconfiguration
and transf�of .Property due to the propos&boundary change was
acceptable d that further consideration Wthe matter would be
forthcoming at a future meeting of the Board.
VTT.T.Aat;' nF 01W RRnnZ ?Ai,-o tPq I - 3 - March- 1.3._ 1984
SEYFARTH, SHAW, FAIRWEATHER & GERALDSON
55 EAST MONROE STREET
CHICAGO, ILLINOIS 60603
LOS ANGELES OFFICE AREA CODE 312 346-6000 WASHINGTON,D.C.OFFICE
2029 CENTURY PARK EAST 1111 19*-STREET, N.W.
CABLE ADDRESS: INTERLEX
LOS ANGELES, CALIF. 90067 WASHINGTON, D.C. 20036
AREA CODE 213 277-7200 AREA CODE 202 463.2400
NEW YORK OFFICE March 9, 1984
520 MADISON AVENUE
NEW YORK, NEW YORK 10022 WRITER'S DIRECT DIAL
AREA CODE 212 715-9000
(312)
BY MESSENGER
President and Board of Trustees N � D Village of Oak Brook Z
1200 Oak Brook Road
Oak Brook, Illinois 60521 MAR I2 1984
Re: The Crossings at Oak Brook - Vantage VILLAGE OF OAK BROOK, IL.
Properties, Inc. 's Application for ADMINISTRATION
Parking Variation
Dear President and Board of Trustees :
We represent Vantage Properties, Inc. , the developer
of the above-referenced property ( "Vantage" or the "Applicant" ) .
On March 6 , 1984 , the Zoning Board of Appeals (the "Board" )
recommended denial of Vantage ' s application for a variation
from the requirements of Section XI (E) ( 7 ) of the Village
of Oak Brook Zoning Ordinance (the "Ordinance" ) , limiting
parking in front of the building. The basis of the Board ' s
decision, as stated at the conclusion of the March 6th hearing,
was its determination that Vantage had not shown that construction
of the development in a manner that would comply with the
aforesaid zoning provision would be a hardship. The Board
also stated in support of its decision to recommend denial
of the instant petition for a variation that unless the
same were denied an unnecessary precedent would be established.
Vantage believes that the facts, as set forth in sum-
mary fashion in this letter, conclusively demonstrate not
only that Vantage has satisfied the standards set forth
in Section XIII (G) ( 4 ) of the Ordinance which are necessary
to establish a case for the granting of a variation, but,
as well, that it would impose a substantial hardship on
Vantage to have to comply with the strict letter of the
Ordinance and, further, that the relief requested would
not set an unnecessary precedent but would, in fact, be
consistent with the Village ' s well-considered past practice.
OFFICIAL FILE
MAR 121984
VILLAGE OF OAK BROOK, IL,
ADMINISTRATION
SEYFARTH. SHAW. FAIRWEATHER AERALDSON March 9, 1984
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President and Board of Trustees Page Two
First, the evidence submitted by Vantage to the Board
at the March 6 , 1984 hearing demonstrates that the property
in question (the "Property" ) cannot yield a reasonable return
if permitted to be used only under the conditions allowed
by a strict application of Section XI (E) (7 ) of the Ordinance.
If forced to move the structures south on the Property so
that the front of the building is at the front yard setback
line, as would be required if the present petition for a
variation is denied, Vantage will, in addition to incurring
significantly higher foundation costs, be running a greater
danger of tapping the artesian pressure that has plagued
the Cico property immediately to the east of the Vantage
property. Not only is this bad civil engineering, it is
bad planning as well.
Second, the evidence submitted at the hearing demonstrated
that the Applicant ' s plight is due to unique circumstances.
Vantage ' s development is a very good one, "an exciting project
to be encouraged" , to paraphrase one Village official who
testified. Further, the proposed development was specially
conceived to mitigate the hardship imposed by the unique
physical characteristics of the Property and, at the same
time, meet the spirit of the subject zoning provision.
The development does, in fact, satisfy the spirit of this
provision. Indeed, due to topography, although there would
be some parking "in front of the building, " this parking
would be invisible from Kensington Road frontage which is
the Property' s only access.
Finally, the variation, if granted, will not set an
unnecessary precedent. Indeed, no less than four variances
granting relief from the requirements of Section XII (E) (7 )
have already been granted by the Board of Trustees in circum-
stances no more unique and under conditions where the claimed
hardship was no more acute than that which is at issue here.
This letter does not summarize all the evidence, that
being accomplished in the Proposed Findings of Fact submitted
by Vantage at the hearing.
Based upon the facts in evidence at the hearings, it
is, therefore, respectfully requested that the Board of
Trustees of the Village of Oak Brook grant Vantage' s petition
for variation from the requirements of Section XI (E) (7 )
of the Ordinance. Thank you for your consideration of this
matter.
Very truly yours,
SEYFARTH, SHAW, FAIRW THER & ERAL SON
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.,1:0-,,jILLAGE OF OAK BROOK r'L 7-= ~= NOTE s *, Indicates C ancelled '' '�,:
1200 Oak `Brook Road ** Indicates Added to Agenda
Oak Brook, Illinois 60521 *** Indicates Deletion
Revision Date:
N O T I C E
March, 1984
TUESDAY, REGULAR ZONING BOARD OF APPEALS MEETING 7: 30 P.M.
March 6, 1984 Village Commons - Samuel E. Dean Board Room
AGENDA
1. Roll Call
2. Approval of Minutes
3. Oak Brook Christian Center - Special Use;
Rezone from R-1 and R-2 to INST.
(3100 Midwest Road)
4. Hyatt (1909 Spring Road)
a) Text Amendment RE: FAR
b) Special Use Flood Plain
c) Parking Variations
d) Variation RE: FAR
5. Vantage (West end of Kensington)
a) Parking, Driveway and Loading Berth Variations
b) Appeal of Building Commissioner ' s Decision
6. Art Melvin - Rear Yard Variation (324 Oak Brook Road)
MONDAY, COMMITTEE-OF-THE-WHOLE MEETING 7 : 30 P.M.
March 12, 1984 Village Commons - Samuel E. Dean Board Room
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TUESDAY, REGULAR BOARD OF TRUSTEES MEETING 7: 30 P.M.
March 13, 1984 Village Commons - Samuel E. Dean Board Room
MONDAY, REGULAR PLAN COMMISSION MEETING 7 : 30 P.M.
March 19 , 1984 Village Commons - Samuel E . Dean Board Room
AGENDA
1. Roll Call
2. Approval of Minutes
3. Breakenridge Farm - Unit I - Final Plat
4. Oak Brook Christian Center - Special Use;
Rezone from R-1 and R-2 to INST.
(3100 Midwest Road)
5. Crossings at Oak Brook Subdivision - Final Plat
(West end of Kensington)
TUESDAY, REGULAR BOARD OF TRUSTEES MEETING 7: 30 P .M.
March 27 , 1984 Village Commons - Samuel E. Dean Board Room
Item 443 on the Zoning Board of Appeals agenda and Item 414 on the Plan
Commission agenda was published in the Oak Brook DOINGS on
December 15, 1983
Items 414a and b on the Zoning Board of Appeals agenda were published in
the Oak Brook DOINGS on June 16 , 1983
Item 414c on the Zoning Board of Appeals agenda was published in the Oak
Brook DOINGS on January 12 , 1984
Item 414d on the Zoning Board of Appeals agenda was published in the Oak
Brook DOINGS on June 16, 1983 and the Suburban Life GRAPHIC on
January 21 , 1984
Items 415 and 416 on the Zoning Board of Appeals agenda were published in
the Oak Brook DOINGS on February 16 , 1984
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VI LLAGE OF OAK BROOK
1200 OAK BROOK ROAD
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OAK BROOK, ILLINOIS
654.2220
March 16, 1984
MEMO TO: Plan Commission
FROM: Bruce F. Kapff, Assistant to Village Manager
SUBJECT: Crossings at Oak Brook Subdivision - Final Plat
(West end of Kensington Road)
The subject property is located on the North side of the West end of Kensington Road
bounded by Route 83 to the West and the East/West Tollway to the North.
I have enclosed a section of the Plat book which notes the location of the proposed
subdivision in relation to surrounding properties.
Vantage Properties, as owners of Lot 12 of the Corporate Plaza Subdivision Unit #2
and contract purchasers of that portion of the NI Gas property located directly North
of Lot 12, have submitted plans to construct two office buildings each containing
approximately 157,500 square feet of gross floor area for a total floor area for the
site of 315,000 square feet.
The development, as presently proposed, requires the NI Gas property in order to meet
the Floor Area Ratio standard and required number of parking spaces.
I would refer you to Dale's March 15th memo concerning his review of the Plat received
March 15, 1984. In particular, I would call your attention to item #2 in Dale's memo
which notes that the proposed Subdivision only shows the disposition of the NI Gas
parcel located directly North of Vantage's property and does not note the final
disposition of NI Gas parcels located directly West and East as noted on the enclosed
map. It is my understanding that the applicant is going to request a waiver from the
standard as noted in Dale's memo.
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The present application is somewhat unique in Oak Brook to the extent that NI Gas is
selling a portion of their property to an adjacent land owner. In previous cases,
NI Gas has entered into separate agreements with adjoining property owners permitting
surface parking on the NI Gas property. In particular, the two properties directly
East of the proposed Subdivision presently have surface parking on the NI Gas lot,
presumably, following the receipt of Village permission to do so, since such parking
is located on a lot other than that containing the principle use. In those instances,
the property owner may use the NI Gas property to park on but may not utilize such
land area for floor area ratio calculations. As noted earlier, the proposed Vantage
Address
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VI LLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
March 15, 1984
654-2220
MEMO TO: Bruce F. Kapff, Assistant to Village Manager
FROM: Dale L. Durfey, Jr. , P.E.
SUBJECT: The Crossings at Oak Brook - Final Plat
I have reviewed the above stated final plat and offer the following comments:
1. Since this is a consolidation of properties with no subdivision improve-
ments contemplated, it would be appropriate for the Village to waive
the construction of all subdivision improvements and also waive the
requirement for the applicant providing topography.
2. Only part of Lot 12 of Northern Illinois Gas Company York Township
Assessment Plat #1 is included in the proposed resubdivision. It has
previously been the policy of the Village to include all portions of all
properties being subdivided to insure that remainin g portions would not
create nonconforming situations. I understand that the applicant is
asking that the Village waive the requirement of showing the remainder
of the NIGas Lot 12 property.
3. Paragraph 3 on Page 1071 of the Code of Ordinances states "Double-frontage
lots on ORA or B areas shall meet such special access requirements as the
Village Board on recommendation of the Plan Commission may require." This
property's. access is controlled from accessing onto Illinois Route 83 and
is likewise controlled by the Illinois State Toll Highway Authority for
access onto I-5. Since it appears that the double-frontage access question
is already controlled, the Village should consider not requiring any
additional access requirements.
4. Several minor drafting revisions need to be made to the plat.
5. Several recorded documents as .stated on the plat remain to be received.
6. The plat depicts that that portion of the NIGas Lot 12 being taken into
this plat will be subject to an easement granted to NIGas by the purchaser.
A space has been left on the plat for the easement's document number to be
inserted.
7. The northerly and northwesterly lot line does not contain the required ten
(10') foot rear yard public utility easement.
Mr. Bruce F. Kapff
March 15, 1984 ,
Page 2
r
w
8. The Owner's certificate is incomplete in that it does not conform with
the suggested certificate within the Subdivision Regulations. This is
important due to the fact that the Owner's certificate must contain
language regarding easement grants.
f
9 . The Mortgagee's certificate must be reviewed by the Village Attorney as
it specifically relates to this application. This certificate also contains
language regarding easement grants; however, its language is only part of
the necessary easement grant language.
Respect' folly su itted,
t
Dale L. Durfey, Jr., P.E. ,
Village Engineer
DLD/etg
i
i
ALE SANITARY Dl� I R CT
P.O. Box 179
Hinsdole, Illinois 60521 ^� \
312-323-3299
11
r
March 6, 1984 r
John H. Brechin, Village Manager
F Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL. 60521
I
THE CROSSINGS AT OAK BROOK
i
Thanks for the notice of pending action on the Final Plat for
The Crossings at Oak Brook.
The Hinsdale Sanitary District can serve this project on the
basis of the data we received from the applicant.
CARL T. E=IVE DIRECTOR
t
am
��NF�E�c 294
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'J L. Toll, ae r
Plaza
1
ST S014 55
PLANT & OFFICE
ON 49 ACRES
6975 Commonwealth Ave.
Burr Ridge, IL
4
�OF OqK
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cou T,(,
VILLAGE OF OAK BROOK
1. 200 OAK BROOK - ROAD
OAK BROOK, ILLINOIS
654-2220
February 29, 1984
Dear Resident,
The Oak Brook Plan Commission and/or Zoning Board of Appeals, and the Village
Board will be considering a:
Variation
Preliminary Plat Special Use
X Final Plat Zoning Amendment
at the meetings as scheduled on the reverse side of this notice.
The application has been filed by Vantage Properties
Name of applicant
3040 Salt Creek Lane, Arlington Heights, IL 60005
Address
Relationship of applicant
to property Owner
The Crossings at Oak Brook
Name of Subdivision (if applicable)
The property in question is situated at: West end of Kensington Road, north
side
We have attached a map of the area to assist you in determining your relation-
ship to the property in question. The request which has been made is as follows:
Resubdivision to connect NI Gas property to the remaining property.
If you desire more detailed information, we would suggest that you contact
Mr. Bruce F. Kapff, Assistant to the Village Manager, at the Village Hall
to review the file on this application. We will be looking forward to your
attendance at the public meetings.
Respectfully yours,
4ohn H. Brechin
JHB/ms Village Manager
All meetings are held in the Samuel E. Dean Board Room of the Oak Brook -
Village Hall, on Oak. Brook Road (31st Street) and Spring Road, Oak Brook,
Illinois
Plan Commission Meeting. . .. . . . .. . .. . . . . . . . . .7:30 P.M. Monday. Mar. 19, 1984
Zoning Board of Appeals. . . : . . . . .. . .. . . . . . . . .7:30 P.M. Tuesday N/A
Board of Trustees Meeting. .. .. . . . . . . . . . . . .. .7:30 P.M. Tuesday Mar. 27, 1984
MAP OF AREA
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SEYFARTH, SHAW, FAIRWEATHER & GERALDSON
55 EAST MONROE STREET
CHICAGO, ILLINOIS 60603
LOS ANGELES OFFICE AREA CODE 312 346-8000 WASHINGTON,D.C.OFFICE
2029 CENTURY PARK EAST CABLE ADDRESS: INTERLEX 1111 19T.STREET, N.W.
LOS ANGELES, CALIF. 90067 WASHINGTON, D.C. 20036
AREA CODE 213 277.7200 - AREA CODE 202 463-2400
NEW YORK OFFICE February 29, 1984 v
520 MADISON AVENUE
NEW YORK, NEW YORK 10022 WRITER'S DIRECT DIAL
AREA CODE 212 715-9000
(312)
Mr. Bruce Kapff
Village of Oak Brook
1200 Oak Brook. Road
Oak Brook, IL 60521
Re: Vantage Properties, Inc.
Subdivision Request
Dear Bruce:
Enclosed is the original and six copies of a letter
to the Village from Northern Illinois Gas Company.
Vantage' s application for subdivision plat approval made
reference to this letter and the fact that it would be
forthcoming. Please distribute the enclosures to the
appropriate Village officials.
Very truly yours,
SEYFARTH, SHAW, FA?RWEATHER & GERALDSON
By
-Jeffrey Ja"S
JJ/kk h
Enclosures ��V WE (�
MAR +' D- 1884
VILLAGE OF OAK BROOK, IL.
ADMINISTRATION
r NORTHERN ILLINOIS GAS
�•^V d}P
One of the NICOR P.O.Box 190 Aurora,Illinois 60507 Phone 312 355 8000
basic energy companies .
February 22, 1984
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60521
Gentlemen:
Subject: Vantage Properties, Inc. ("Vantage")
Vantage has advised us that they .plan to file a "subdivision" plat with
you, making one lot of record out of the property now owned by Vantage
and the property which is the subject of a certain Agreement dated
January 30, 1984, between Vantage and Northern Illinois Gas Company.
We have no objection to Vantage proceeding and submitting a plat at this
time for an approval which would be subject to the consummation of the
transaction set forth in the Agreement. This statement, however, is not
effective to consent to any dedication or easements or any other
responsibility during the platting process. Note also that pursuant to
the Agreement, an easement will be reserved to Northern Illinois Gas
Company; this should be reflected on the Plat.
Very truly yours,
Philip S. Cali
Treasurer
f:MR 0 5 i9$4
VILLAGE OF OAK BROOK, IL.
ADMINISTRATION
An Investor-Owned Taxpaying Business
POD OF Oqk 9
OFRCIAL RLBO
G W
MAR 0 51984 °
COUNS10
VILLAGE Of OAK BROOK, IL.
ADM1N1STRAV1bkLAG E OF OAK B ROO K
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
654-2220
February 28, 1984
Mr. Fred Kaplan
Seyfarth, Shaw, Fairweather & Geraldson
55 East Monroe Street
Chicago, Illinois 60603
RE: The Crossings at Oak Brook
Subdivision Plat
Dear Fred:
The following Staff comments relate to the two page Subdivision Plat received
February 15, 1984:
1) The Subdivision title noted on the top of page 1, "Plat of Subdivision
of the Crossings at Oak Brook", should be modified to be consistent
with the 'Subdivision title on your application indicated as "The
Crossings at Oak Brook Subdivision".
2) Lot 12 should be changed to proposed Lot 11 which includes the entire
property contained in old Lot 12 of the Corporate Plaza Subdivision
Unit 2, as well as that portion of Lot 12 in the Northern Illinois Gas
Company York Township Assessment Plat #1, which is being attached to
Lot 12.
3) The old lot line between the NIGas property and Lot 12 should be shown
as a dashed line indicating the previous subdivision lot line.
4) The description of the NIGas property, referenced as "part of Lot 12 in
Northern Illinois Gas Company York Township Assessment Plat #1, etc.",
should be of the same light shading as denotes the Corporate Plaza Sub-
division Unit 2, as indicating the previous Subdivision's title.
5) Those portions of the Lot 12 in the NIGas Assessment Plat which are
being excluded, should be noted as proposed lots under this Subdivision,
specifically the property noted as an exception, directly West of the
property, should be shown as a lot, as well as the property East of the
new Lot #1, should be shown as a separate lot, since both of these prop-
erties are being created as a result of the portion of the NIGas prop-
erty being connected to Lot 12.
Page 2
RE: The Crossings at Oak Brook Subdivision Plat
February 28, 1984
6) Copies of the following documents should be forwar4-`,- , for our review:
R74-55920, R75-26060, R69-1030, R69-1031, R66-4660, `.{8-2840.
7) Bearings should be indicated on the Southerly easet ,. et line of the ease-
granted to Com Ed pursuant to the R66-4660 document.
.8) Also with respect to the Com Ed easement, a dimension should be -inserted
indicating the North South width of that easement, as it crosses the Easter-
ly lot line of Lot #1.
9) Subdivision regulations require a minimum 6 foot public utility easement
along all side lot lines. Therefore, you should either insert the correct
easement along the Southeasterly lot line or request a waiver of such an
easement.
10) The total acreage of` the 'combined parcel should be indicated as opposed to
the existing acreages for the.NIGas and Lot 12 parcels.
11) At the Northwest corner of the property, the easement granted to Northern
Illinois Gas Company pursuant .to this Subdivision should be made bold, as -
the easement would be created pursuant to this Plat.
12) Midway along the Easterly side lot line, the Plat indicates an existing
10 foot public utility easement running to the East along the North edge
of Lot 11 of the Corporate Plaza Subdivision. I have checked the Subdiv-
ision Plat and believe that such an easement does not presently exist.
13) The legal description at the bottom of page 1 contains some detail errors
which should be clarified with our Village Engineer.
14) On page 2 of the Plat, at the upper right hand corner, the Owner's Certi-
ficate. is lacking certain standard information.
15) Also on page 2, the Mortgagee's Certificate is somewhat confusing, since
our Plat's generally do not contain such a certificate. I would request
clarification as .to whether this is a Consent of Mortgagee Certificate or
actually, a Secondary Owner's Certificate. If this is also an Owner's
Certificate, the second half of this certificate is missing certain stand-
ard information.
Should you have any questions con,_erning any of the above, please feel free to call.
Sincerely,
Bruce F. Kapff
BFK/mf Assistant to the Village Manager
cc: ohn H. Brechin, Village Manager
Richard A. Mart Acting Attorney
Dale-L. Durfey, , P.F:, Village Engineer
I
'VILLAt,E OF OAK BROOK -nutes - 6 - February 28, 1984
VOICE VOTE: All present, in favor. So ordered.
B. 1983 Water Main Extension - Project #83-1202 - Oak Brook Road/
Sports Core Interconnect, Brighton Lane, Fillmore Avenue, Hunt
Club Lane Oak Brook Road Interconnect.
Five (5) bids were received on February 22, 1984.
Trustee Imrie moved, seconded by Trustee Philip...
To award the contract to Swallow Construction Corporation,
the lowest qualified bidder, in the amount of $131 ,982.00.
ROLL CALL VOTE: Ayes: Trustees Imrie, .Listecki, Maher, Philip, Rush
and Watson.
Nays: None
C. Referrals:
�With no objections, President Cerne made the following referrals:
( 1,Y The Crossing At Oak Brook - Final Plat - (1420/1520 Kensington
Road) - referred to Plan Commission Meeting
of March 19, 1984.
D. men Forum:
Trustee Philip expressed concern about the issuance of building
permits without the subdivision Homeowners Association.
VII. ADJOURNMENT:
Trustee Listecki moved, seconded by Trustee. Imrie.. .
To adjourn this meeting to Executive Session to discuss the
settlement of a claim.
ROLL CALL VOTE: Ayes: Trustees Imrie, Listecki, Maher, Philip, Rush
and Watson.
Nays: None So ordered.
TIME: 9:45 P.M.
ATTEST:
MARIANNE LAKOSIL Approved as corrected.
VILLAGE CLERK
VILLAGE OF OAK BROOK Minutes - 6 - February 28, 1984
V"A
R
a 0
SEYFARTH, SHAW, FAIRWEATHER & GERALDSON
55 EAST MONROE STREET
CHICAGO, ILLINOIS 60603
LOS ANGELES OFFICE AREA CODE 312 346-6000 �WASHINGTON,D.C.OFFICE
2029 CENTURY PARK EAST CABLE ADDRESS: INTERLEX 1111 197-STREET, N.W.
LOS ANGELES,CALIF. 90067 WASHINGTON, D.C. 20036
AREA CODE 213 277.7200 AREA CODE 202 463.2400
NEW YORK OFFICE
520 MADISON AVENUE February 22, 1984
NEW YORK, NEW YORK 10022 WRITER'S DIRECT OIAL
AREA CODE 212 715.9000
�31P�
Mr. Bruce Kapff BY MESSENGER
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60521
Re: The Crossings at Oak Brook:
Plat of Subdivision Application
Dear Mr. Kapff:
Enclosed please find the signed mylar Plat of
Subdivision for The Crossings at Oak Brook. ±-
e
morm
Very truly yours,
SEYFARTH, SHAW, FAIRWEATHER & GERALDSON
By
Fre a ick M. Kaplan
FMK/kk
Enclosure
FEB 2 2 1984
VILLAGE OF OAK BROOK, IL.
ADMINISTRAT113N
r
SEYFARTH, SHAW, FAIRWEATHER & GERAL.DSON
55 EAST MONROE STREET
CHICAGO, ILLINOIS 60603
LOS ANGELES OFFICE AREA CODE 312 346.8000 WASHINGTON,D.C.OFFICE
2029 CENTURY PARK EAST CABLE ADDRESS: INTERLE% Jill 19TH STREET, N.W.
LOS ANGELES, CALIF. 90067 WASHINGTON, D.C. 20036
AREA CODE 213 277.7200 AREA CODE 202 463-2400
NEW YORK OFFICE February 29, 1984
520 MADISON AVENUE
NEW YORK, NEW YORK 10022 WRITERS DIRECT DIAL
AREA CODE 212 715-9000
(312)
Mr. Bruce Kapff
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60521
Re: Vantage Properties, Inc.
Subdivision Request
Dear Bruce:
Enclosed is the original and six copies of a letter
to the Village from Northern Illinois Gas Company.
Vantage' s application for subdivision plat approval made
reference to this letter and the fact that it would be
forthcoming. Please distribute the enclosures to the
appropriate Village officials.
Very truly yours,
SEYFARTH, SHAW, FAIRWEATHER & GERALD
SON
BY �
Jeffrey Jahr�fs
JJ/kk
Enclosures . D WED
MAR 0 5 1984
VILLAGE OF OAK BROOK, IL.
ADMINISTRATION
rr
L
NORTHERN ILLINOIS GAS
I,
One of the NICOR P.O.Box 190 Aurora,Illinois 60507 Phone 312 355 8000
basic energy companies
February 22, 1984
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60521 [AAR Q 5 1984
Gentlemen: VILLAGE OF OAK BROOK, IL.
ADMINI-EsTRATIDN
Subject: Vantage Properties, Inc. ("Vantage")
Vantage has advised us that they plan to file a "subdivision" plat with
you, making one lot of record out of the property now owned by Vantage
and the property which is the subject of a certain Agreement dated
January 30, 1984, between Vantage and Northern Illinois Gas Company.
We have no objection to Vantage proceeding and submitting a plat at this
time for an approval which would be subject to the consummation of the
transaction set forth in the Agreement. This statement, however, is not
effective to consent to any dedication or easements or any other
responsibility during the platting process. Note also that pursuant to
the Agreement, an easement will be reserved to Northern Illinois Gas
Company; this should be reflected on the Plat.
Very truly yours,
Philip S. Cali
Treasurer
An Investor-Owned Taxpaying Business
V i L Ll_: O
-Mg
OAK R }� ® Filgi L ze G." SUBDIVISICd� FPPLICI�TIQ:
ASSESSM24' Plix FpPILTCj\2.IG;j
654-2220
1200 Oak Brook Road
Oak Brook, Illinois 60521 'Lb Be Filed with villa Clerk
SUBDIVISION TITrL-E: THE CROSSINGS AT OAK BROOK DAL`''E FILED: 2/15/84
Qiqlia� LOCATICN OR ADDRESS OF PFOP= TO BE SUBDIVIDED:
Kensington Road & Illinois Route No. 83
Vantage Properties, Inc.
I3AiIE OF APPLICANT: Attn: Mr. Robert 'Sholiton PHCME NO. .577-3950
4
ADDRt.SS: 3040 Salt Creek Lane Arlington Heights
CITY / STATE IL _60005
Zip Code .
1 L10NSHIP OF APPLICANT TO PROPEWY:
Owner
* American.National Bank and Trust Company of Land Trust Dept.
OMM OF RECORD: Chicago, as Trustee under Trust No 58303 -P1:O 2 N0. 661-6048
ADDRESS: 33 N. LaSalle Street CITY _ Chicago STATE IL 60603
*also Northern Illinois Gas Company (see accompanying letter) Zip Code
8Fi EFIC=(IES) Or- TRUST:
IM.IE. Vantage Properties, Inc. pgWE 210. 577-3950
3040 Salt Creek Lane Arlington Hei hts
ADDSS: CITY' !STATE IL 60005
� P Cod_
VANTAGE PROP RTIES, 'INC.
J
(Signature of AOplicant) "
Oir4'MPIS AFFIDAVIT FOR SUBDIVISIMS OF 1,10i Yo.-,E FIVE (5) LOTS:
This plat contains the entire contiguous undeveloped land area in ch I have
'1 interest. VANTAGE, PROPER S INC.
G PAL
717 .
/A- ---
(Signature of Omer)
IDEiv 'Y STPJJr-TURcS. XND OTHER J2,F?RM-E,EV LS (14 1'E PROP=:..
None, other than utility lines.
Flood Plains: - -- Sq. Ft. are under Flood Plain Ordinance and are graphically
depicted on attached plans.
SIZING BY LAIM USE CATEGORY
1ESIDENTIAL CC62-12CIAL OPEN SPACE OTLI ER `IWAL
(ORA-1) .
N10. OF LOTS 1 1
NO. OF ACRES 16. 835 116 . 835
NO. OF S2. Fr. 733,333.03 733,333.03
Page 1
K , Z--S Or SUr.RUU1cDMG PROi'ERz'Y O[ti' ':RS:
Folic-Ang are the na-mes and addresses of sur_roui,dirg prorerty ay.m.e_s frcr� t-.e prcpert<f in-
question for a distance of approxirvately 250 feet in all directions, and the nunker of
feet occupied by all public roads, streets, alleys, and public ways have heen excluder: in-
ccuuting the 250 foot requirement. Said r..ame-s are as recorded in the office of the
County Recorder of Deeds (or the Registrar of Titles of the County) and as appear frar►
the authentic tax records of this County.
NAME t-DRESS
(See Exhibit A attached hereto. )
•
i
Refer to Oak Brook Code: Appe-ndix B - Subdivision Pegulations
All applications must be aceoapanied by proper fee and (18) copies of the proposed-sub-
divisicn, and must be received prior to the 15th of the month for Plan Con-mission review
on the third Mnday of the folladng month.
G-289 Preliminary Plat $20.00 per lot or $25.00 n ninua
3/24/81 Final Plat X $100.oo - 1,0 DA-PMTv7EM 'S
(Plus Plan P.eview & Inspection Fees,
G-259 _ if required) r
12/11/79 Assessment Plat ? \o charge
�:- I�r�: � X71
Cieck 11b.
R=IVED BY: . -`.. � DATE:
Village Clerk
i
F?'FLICFkNT SHOUT D EE PRESENT AT 1=1 GS CfMa ZED
All meetings are held in the Szmel E. Dean i card F.ean of the Oak Brock Villacre Ca-mns,
1200 Gal: Brcck Road, Oak Ercok, Illinois 60521.
Board of Trustees (Referral) ............. .. 7:30 P.M., Tuesday 2 Z S-eV
X Plan
Cbne2ission Mer-•t,.z r?g. ............... . . .. . 7:30 P.M., t Icr_ciay Y-14-01-9,v
1= Board of T ,- .......
_ru...tees I;c-etir�y. 7:30P.1-1., i`Lrsd 3-2-7
PRIOR 10 SCI=LT= A7 rIl:G, j!PPLICj%!.V IS TO CO:uACi'1f-'_1,L jt C-
ENGU:1T-P, E;\D r-sQL.T-S STEZU5 or PT T I,1;Z'Z t, PT�LCS:DG FOR
I�TC'IE: squwlcin i ^ 111; i0 PESL11 ITT 1-M I i JUNY r:T_Cr-ORY �LOI T ICS?S C11.1
r
CHICAGO TITLE IVURANCE COMPANY
120 EAST LIBERTY DRIVE, P.O. BOX 827, WHEATON, ILLINOIS 60187 (312) 668-5000
January 5, 1984 Ou PAGE OFFICE COUNTY
SEYFARZS, SHAW, FAIMEAMiER. AND GERAIDSCU
ATTN: FRED KAPLAN
55 EAST M01ME STREET
CHICAGO, ILLINOIS 60603
•
RE: UPDATE 298664
Dear Mr. Kaplan:
Below please find the names and addresses of the tax assessees within
250 feet of the property you suYmitted:
1) 06-22-415-018 City of Oak Brook Terrace
17 W 275 Butterfield Road
Oak Brook Terrace, Illinois 60181
2). 06-22-415-023 Lincoln Oak Brook Terrace, Ltd.
33 West Monroe Street
Roam 2620
Chicago, Illinois 60603
3) 06-27-200-001 Eastman Kodak Canpany -
1901 West 22nd Street
Oak Brook, Illinois 60521
4) 06-27-200-002 State of Illinois
5) 06-27-200-003 all assessed to: (into address given)
6) 06-27-200-004
i
7) 06-27-201-001 Northern Illinois Gas Canpany
Tax Administration 1
P. 0. Box 190 �I
Auro ra, Illinois 60507
i
8) 06-27-201-007 Oak Brook Park District
1300 Forest Gate Road
Oak Brook, Illinois 60521
EXHIBIT A
CHICAGO TITLE INSURANCE COMPANY
120 EAST LIBERTY DRIVE, P.O. BOX 827, WHEATON, ILLINOIS 00187 312 668-5000
September 13, 1983
OUPAGE OFFICE NTY
Seyfarth, Shaw, Fairweather and Geraldson
55 East Monroe Street
42nd Floor
Chicago, Illinois 60603
Re: 298664
Attention: Fred Kaplan
Below please find the names and addresses of the parties paying
taxes within 250 feet of the property Vou submitted:
- 1 ) 06-22-415-018 City of Oak Brook Terrace
17 W 275 Butterfield Road
Oak Brook Terrace, Illinois 6018
2) 06-22-415-023 Suburban Trust & Svgs, ^_'r# 984
840 South Oak Park Avenue
Oak Park, Illinois 60301
1 06-27-200-001 Eastman Kodak Cor:oanv
1901 West 22nd Street
Oak Brook, Illinois 60521
') 06-27-200-002 State of Illinois
) 06-27-200-003 all assessed to: No Address Given
�) 06-27-200-004
7) 06-27-201-001 Northern Illinois Gas Company
Tax Administration
P.O. Box 190
Aurora, Illinois 60507
9) 06-27-201-007 Oak Brook Park District
1300 Forest Gate Road
Oak Brook, Illinois 60521
-CONTINUED-
298664- Page Two
V9} 06-2:'-206-021 Henry J. Capocci
50 Kingston Drive
Oak Brook, Illinois 60521
10) 06-27-206-022 John Hill Gardner
52 Kingston Drive
Oak Brook, Illinois 60521
11) 06-27-206-017 First :National Bank Tr# L-112
50 South Lincoln Street
Hinsdale, Illinois 60521
12) 06-27-206-n23 Thos L. Fahev
47 Hamilton Lane
Oak Brook, Illinois 60521
13) 06-27-207-010 John and Ida Perri
7224 West 38th Place
Lyons, Illinois 60534
14) 06-27-207-011 Sam Liprima
48 Hamilton Lane
Oak Brook, Illinois 60521
i
15) 06-27-207-013 Briarwood Lakes
1 Briarwood Central
Oak Brook, Illinois 60521
16) 06-27-202-064 Richard a Redmond
183 Briarwood Loop
Oak Brook, Illinois 60521
17) 06-27-202-063 Richard T. Hair
184 Briarwood Loop
Oak Brook, Illinois 60521
18) 06-27-202-062 Eugene and Dolores Stearns
185 Briarwood Loop
Oak Brook, Illinois 60521
19) 06-27-202-061 Gus N. Tsourmas
186 Briarwood Loop
Oak Brook, Illinois 60521
-CONTINUED-
298664- Page Three
20) 06-27-202-060 Briarwood Lakes
1 Briarwood Central
Oak Brook, Illinois 60521
21.) 06-27-203-032 Frank Jakubowski
191 Briarwood Loop
Oak Brook, Illinois 60521
22) 06-27-203-033 Tracy W & Virginia B Novinger
190 Briarwood Loop
Oak Brook, Illinois 60521
21? 06-27-203-034 Evelyn Fox
189 Briarwood Loon
Oak. Brook, Illinois 60521
24) 06-27-203-035 W. O'Brien
188 Briarwood Loop
Oak Brook, Illinois 60521
25) 06-27-203-036 B.L. Scott
187 Briarwood Central
Oak Brook, Illinois 60521
2. ' 06-27-203- 029 Briarwood Lakes
nF-27-202-118 all assessed tn: 1 Briarwood Central
?"' 06-27-203-056 Oak Brook, Illinois 60521
06-26-102-005 Est of Paul Butler
1000 Oak Brook Road
Oak Brook, Illinois 60521
30) 06-26-102-006 McDonald Corp 983-12
P.O. Box 66207 AMF O'Hare
Chicago, Illinois 60666
06-26-101-007 The Ceco Corp
1400 Kingston Road
Oak Brook, Illinois 60521
-CONTINUED-
'98664- Page Four
'Y) 06-26-101-012 Ginger Creek Office Venture
711 Jorie .Blvd, Suite 200
Oak Brook, Illinois 60521
33) 06-26-101-001 Northern Illinois' Gas Company
Tax Administration
P .O. Box 190
Aurora, Illinois 60507
34) 06-26-100-005 Marriott Corp Dept 92413
Marriott Drive
Washington D .C . 20058
35) 06-26-100-009 Chicago REIO
Suite 3300
Prudential Plaza
Chicago, Illinois 60601
'Che liability of the Chicago Title insurance Company is for reason-
ible care in the making of this search and shall in no case exceed
the least of : a) the actual loss of the applicant; or b) the sum
-if $1, 000 . 00 .
This is not a title insurance policy and should not be relied on as
such. For full protection a title insurance policy should be secured .
N Cony of your application for this Special Search is attached heret-
and is a part hereof .
Very Truly Yours ,
Catherine R. Brown
Tax Department
36 ) 06-26-101-006 Vantage Properties , Inc.
% SEYFARTH, SHAW, FAIRWEATHER
& GERALDSON
55 East Monroe Street
Suite 4200
Chicago , Illinois 60603
ATTENTION: JEFFREY JAHNS, ESQ.
• Tvn arra.�A�., a�An�.nt� / .�4
DATE ORDER NUMBER
SUBMIT IN TRIPLICATE
TYPE OF SEARCHES: JUDGMENT: TAX:
TRACT BOOK: Judgment Lien (includes. . . . . . . . Real Estate. .
Complete Search. . . . . . . . . . . . .❑ Revenue, Federal & State Special Assessment . . . • • • . . . . .Q
Owner& Legal Only . . . . . . . . . .❑ Tax Liens)
�Rec(iau►ici x? c ^ a�c ..?4 Federal Tax Lien only . . . . . . . . .ED jJ! .f• ! f`` , • _ ,
Computer Print Out. . . . . . . . . . . State Tax Lien only. . . . . . . . . . .[3
(Since 9/2/74) Revenue Liens only . . . . . . . . . . .❑ ,
Other . . . . . . . . . . . . . . . . . . Divorce. . . . . . . . . . . . . . . . . . .Q
Change of Name . . . . . . . . . . . . .❑ !
Other . . . . . . . . . . . . . . . . . . . .Q
Recording . . . . . . . . . . . . . . . . .CD Instrument(s) left for record:
PRESENT OWNER: PERMANENT TAX NO.
ADDRESS OF PROPERTY: CITY COUNTY
TYPE OF PROPERTY: Residential. . . . . . . .❑ Non-residential . . . . . .❑ Explain
Condominium. . . . . .❑ Unit No
LAND DESCRIPTION:
4 j
SPECIAL INSTRUCTIONS:
Pursuant to the U.S. Fair Credit Reporting Act 15 U.S.C. 1681-1681t, applicant hereby certifies that this search is requested for the
following purpose(s) and for no other purpose:
( ) 1. Court order authorizing the search.
( ) 2. Written instruction of consumer to whom it relates.
( ) 3. In connection with a credit transaction involving the consumer on whom the information Is to be furnished and involving the
extension of credit to, or review or collection of an account of,the consumer,to be used primarily for personal, family or house.
hold purposes.
( ) 4. In connection with the underwriting of insurance involving the consumer, to be used primarily for personal, family or house.
hold purposes.
( ) 5. In connection with a determination of the consumer's eligibility for a license or other benefit granted by a governmental instru-
mentality required by law to consider an applicant's financial responsibility or status.
E ) 6. Has a legitimate business need for the information in connection with a business transaction involving the consumer. (A state-
ment of the nature of said transaction must be attached.)
( ) 7. For employment purposes at a salary of $20,000 a year or more. (We will not make this search if to be used for employment
purposes where an annual salary of less than $20,000 is involved.
( ) 8. A credit transaction or life insurance involving $50,000 or more.
( ) 9. The party about whom this search is requested is not an individual person or persons.
t ) 10. In connection with a credit transaction or the underwriting of insurance involving the consumer in regard to the consumer's
business purposes.
( > 11. In connection with the real estate described herein, without any regard to the particular parties whose names may appear
in the records in regard to said real estate.
NOTE: We are forbidden by the FCRA from disclosing in response to this application any bankruptcy more than 14 years old, any suit
or judgment more than 7 years old (unless the governing statute of limitations has not expired), any tax or special assessment lien
which has been paid more than 7 years, any adoptions, changes of name, mechanic's liens, divorces or Insanities if more than 7 years old.
UNLESS this application has either boxes 7, 8,9, 10 or 11 checked as the only certification of use:
SPECIAL_ BILLING INSTRUCTIONS PLEASE PRINT
OR.ORDER IDENTIFICATION
FIRM NAME - ACCOUNT NO.
ADDRESS PHONE
ATTENTION: --
' `
FORM 3729 R12/90
f
SEYFARTH, SHAW, FAIRWEATHER & GERALDSON
SS EAST MONROE STREET
CHICAGO, ILLINOIS 60603
LOS ANGELES OFFICE AREA CODE 312 346-8000 WASHINGTON,D.G.OFFICE
2029 CENTURY PARK EAST CABLE ADDRESS: INTERLEX 11.11 19T.STREET, N.W.
LOS ANGELES,CALIF. 90067 WASHINGTON, D.C. 20036
AREA CODE 213 277-7200 AREA CODE 202 463.2400
NEW YORK OFFICE
520 MADISON AVENUE February 15, 1984
NEW YORK, NEW YORK 10022 WRITER'S DIRECT DIAL
AREA CODE 212 715-9000
(312)
Village of Oak Brook BY MESSENGER
1200 Oak Brook Road
Oak Brook, IL 60521
Re: Subdivision
Gentlemen:
On behalf of our client, Vantage Properties, Inc. ,
beneficiary under American National Bank and Trust
Company Trust No. 58303 (the "Trust") , application is
hereby made for approval as a Final Plat the accompanying
Plat of Subdivision for "The Crossings at Oak Brook. "
Due to the special nature of this subdivision, it is
hereby requested that the following standards or require-
ments be waived and varied:
1. Improvements and Improvements Plan (Reason:
There are no subdivision improvements. )
2 . Topographic standards (Reason: Only one lot is
a result of this "subdivision. ")
3. The ten-foot rear lot line utility easement
(Reason: A ten-foot utility easement exists at the rear
of the current Lot 12 in Corporate Plaza Subdivision
Unit Two 'and moving it to the new rear lot line would
conflict with the Northern Illinois Gas Co. facilities
and apparently Article VII, S3 (G) of the Village sub-
division ordinance. )
4 . Subdivision Ord. , Art. VII, §3 (G) (Reason:
Existing Commonwealth Edison transmission lines will
remain above ground. )
5. Owner' s certificates are to be executed and
affixed prior to application. (Reason: See below. )
SEYFARTH. SHAW. FAIRWEATHER & GERALDSON
Village of Oak Brook February 15, 1984
Page 2
Vantage Properties, Inc. is the contract purchaser
from Northern Illinois Gas Co. ("NI Gas") of the northern
portion of the subject property, specifically part of
Lot 12 in NI Gas' York Township Assessment Plat No. 1
(the "NI Gas Parcel") . Attached is a copy of that contract.
At closing, Vantage' s title to the NI Gas Parcel will be
held in the Trust. This application is made on the under-
standing that approval by the Village would be conditional
on title being held by one entity. Accordingly, the
Owner' s certificate cannot be executed until the closing
with NI Gas, and permission is therefore requested to
submit the application for subdivision without a signed
Owner' s certificate. A letter from NI Gas acknowledging
our moving forward on this process prior to the closing
will be forthcoming.
Respectfully submitted,
SEYFARTH, SHAW, .FAIRWEATHER & GERALDSON
By
Jeffrey—Zahns
JJlkk
Enclosures
1/11/84; 1/18/84
COPY WITH PRICE DELETED
AGREEMENT
THIS AGREEMENT is made and entered into this ,Jv day
Of ' ' 19 g�, by and between NORTHERN ILLINOIS GAS
COMPANY.,� an Illinois corporation (hereinafter referred to as
the "Seller" ) , and VANTAGE PROPERTIES, INC. , a Texas. corpora-
tion (hereinafter referred to as the "Purchaser") ;
W I T N E S S E T H:
WHEREAS, the Seller is the owner of a certain parcel of
vacant land located in the Village of Oak Brook, Illinois,
containing approximately 80, 721 square feet and legally
described in Exhibit A hereto (the "Subject Property") ; and
WHEREAS, the Purchaser presently is, or on the closing
of the transaction contemplated hereby will be, the owner in
fee simple -of the adjacent property (the "Adjacent Proper-
ty" ) and legally described in Exhibit B hereto; and
WHEREAS, the Purchaser is desirous of purchasing the
Subject Property from the Seller, subject to certain .ease-
ments to be reserved by the Seller, and the Seller is will-
ing to sell the Subject Property on the terms and conditions
hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual cove-
,
nants and conditions hereinafter set forth, the partied
hereto agree as follows:
1. The Seller does hereby agree to sell the Subject
Property to the Purchaser, and the Purchaser does hereby
agree to purchase the Subject Property from the Seller, such
sale to be subject to reservation (in form attached hereto
as Exhibit C) (the "Easement Reservation" ) by the Seller of
a perpetual, exclusive easement to own, enlarge, maintain,
operate, construct, install, repair, remove, inspect, alter,
maintain or replace its energy facilities upon, over, across
and under the Subject Property and all parts thereof, all as
deemed necessary by the Seller in its discretion in the
conduct of its business as a public utility.
2. The purchase price for the Subject Property shall
be The
Seller, at its expense, shall cause a current survey of the
Subject Property to be delivered and certified to the Pur-
chaser within thirty (30) days of the date hereof, which
survey shall show the area. of the Subject Property to be
, approximately 80, 721 square feet.
The Purchaser may obtain, at its expense, prior to
the closing a survey of the Subject Property made in accord-
ance with the Illinois Land Survey Standards and the stan-
dards for surveys specified from time to time by the Ameri-
can Land Title Association. If the Purchaser elects to
obtain such survey and if the Subject Property area shown by
such survey shall be materially less than 80, 721 square
feet, the purchase price shall be appropriately adjusted.
3. The Purchaser acknowledges that the obligations of
the Seller hereunder are subject to and are contingent upon
(a) the approval of this .transaction by the Seller' s Board
of Directors and (b) the approval of the Illinois Commerce
Commission (the "Commission" ) . The Seller agrees to apply
for these approvals promptly after execution of this Agree-
ment and to seek to obtain such approvals within one hundred
twenty (120) days of the date of this Agreement. Promptly
-2-
after learning of such fact, the Seller shall notify the
Purchaser whether or not such approvals have been granted or
denied. If the Seller notifies the Purchaser that either
approval provided for in this paragraph 3 has been denied,
this Agreement shall thereafter be of no further force or
effect, and the Purchaser shall have no further rights
whatsoever under this Agreement other than the return of the
earnest money.
If no action has been taken by the Commission
granting or denying its approval during such one hundred
twenty ( 120) day period or if the Seller obtains such Com-
mission approval within such one hundred twenty ( 120) day
period, but the Commission approval is not a final approval
(i .e. , it is subject to further hearings or subject to
appeal) , then the Seller shall so notify the Purchaser of
such facts within such one hundred twenty ( 120) day period
and the closing shall be extended at the election of the
Purchaser (notice of such election to be given within ten
(10) days after Seller' s such notice) , but not beyond No-
vember 30, 1984, to afford the Seller sufficient time to
process the Commission proceedings ,to a final approval. The r
Seller shall notify the Purchaser promptly after learning of
the fact when final approval has been either granted or
denied by the Commission.
The closing shall be conducted on the fifteenth
(15th) day after the last to be received of the foregoing
final approvals, provided that the Seller has promptly
'notified the Purchaser of the receipt of such approval.
This Agreement shall terminate if the Seller has performed
under this Agreement to the extent possible but final ap-
-3-
provals are not received by November 30, 1984, and the
earnest money shall thereupon be promptly refunded to the
Purchaser.
4. The purchase price provided for hereunder shall be
payable as follows:
(a) TWENTY-FIVE THOUSAND DOLLARS ($25, 000) ear-
nest money upon execution of this Agreement, to be
applied to the purchase price on closing. If the
Purchaser defaults under any of its obligations here-
under and- such default is not cured within seven (7)
days after notice by the Seller to the Purchaser of
such default, such earnest money shall be forfeited to
the Seller as and for liquidated damages for such
default and this Agreement shall thereupon terminate;
and
(b) The balance of the purchase price, plus or
minus prorations, at the time of closing by cashier' s
-or certified check or wire transfer.
S. Title to the Subject Property shall be conveyed to
the Purchaser, or its designee (provided the Purchaser
satisfies the Seller that such designee holds -record title
to the Adjacent Property) , at the time of closing by a
recordable Quit Claim Deed subject to general taxes for the
year 1983 'and subsequent years and to other Permitted Excep-
tions (as defined in paragraph 10 hereof) . The Purchaser
acknowledges that the Easement Reservation described in
Exhibit, C severely limits the uses to which the Purchaser
can put the Subject Property and recognizes that such Ease-
ment Reservation permits the Seller to expand its facilities
on the Subject Property to the extent deemed necessary or
desirable by the Seller in its sole discretion.
-4-
6. General taxes shall be prorated as of the time of
closing on the basis of the most recent ascertainable taxes
and reprorated thereafter on the basis of the actual tax
bills. The Purchaser agrees to cause the Du Page County Tax
Assessor promptly after the closing to combine the Subject
Property and the Adjacent Property so that they constitute a
,single real estate tax parcel. The Purchaser further agrees
that the deed conveying the Subject Property shall include a
restriction running with the land to the effect that the
owner of the Subject Property shall never consent to the
Subject Property being taxed separate and apart from the
Adjacent Property without the prior written consent of the
Seller.
7. The Seller shall pay the amount of any stamp tax
imposed by State or County law on the transfer of title to
the Subject Property and shall furnish completed Real Estate
Transfer Declarations signed by or on behalf of the Seller
in the form required pursuant to the Real Estate Transfer
,Tax Act of the State of Illinois and the related County
ordinance. The Purchaser shall pay all other transfer taxes
and shall furnish such declarations as may be required and
signed by or on behalf of the Purchaser.
8. The Purchaser acknowledges and agrees that it has
thoroughly inspected the Subject Property and is buying it
i
in its present "as is" condition and is not relying upon any
. I
representations or warranties of any kind whatsoever, ex-
press or implied (and that no representations or warranties
have been made) , by or on behalf of the Seller. Particu-
larly, but without limitation, the Purchaser is purchasing
the Subject Property subject to all applicable laws, ordi-
-5-
4,.
nances, rules and regulations affecting the Subject Prop-
erty. As a condition to closing, the Purchaser shall sat-
isfy the Seller to its satisfaction that the conveyance of
the Subject Property to the Purchaser, subject to the Ease-
ment Reservation, complies with all State and local subdi-
vision requirements without the necessity or requirement of
any formal subdivision or other platting. The Purchaser
shall hold the Seller harmless of and from any loss, cost,
damage or expense of any kind whatsoever (including, without
limitation, reasonable attorneys' fees) which may be' in-
curred by the Seller relating to compliance or noncompliance
with existing local laws or ordinances relative to the
conveyance of the Subject Property to the Purchaser.
9. At the Purchaser' s option, this transaction shall
be closed through an escrow with Chicago Title and Trust
Company or other title or trust company selected by the
Seller, in accordance with the general provisions of the
usual form of Deed and Money Escrow Agreement then in use by
such company, with such special provisions inserted in the
escrow agreement as may be required to conform with this
Agreement. The cost of the escrow shall be paid by the
Purchaser. If the Purchaser selects such escrow option, all.
payments required hereunder shall be paid through said
escrow other than the payment referred to in paragraph 4(a)
.above, which payment shall be paid to the Seller on the
execution of this Agreement by the Seller.
10. At least fifteen ( 15) days prior to the closing,
the Seller shall deliver to the Purchaser or its attorney a
title commitment for an owner' s title insurance policy
issued by Chicago Title Insurance Company or other title
-6-
insurance company (the "Title Insurer" ) , in the amount of
the purchase price, showing title to the Subject Property to
be in the Seller, subject only to (a) the general exceptions
(the "General Exceptions" ) contained in the policy and (b)
the exceptions (the "Permitted Exceptions" ) set forth in
Exhibit D hereto. If such title report contains other than
the General Exceptions and the Permitted Exceptions, the
Seller shall have fifteen (15) days from the date of deliv-
ery thereof to have such other exceptions (the "Unpermitted
Exceptions" ) removed from the commitment or to have the
Title Insurer commit to insure against loss or damage that
may be occasioned by such Unpermitted Exceptions, and, in
4
such event, the time of closing .shall be twenty (20) days
after delivery of the commitment; provided, however, the
Seller shall not be required to expend in excess of $15, 000
to have any such Unpermitted Exception( s) removed or insured
over. If the Seller fails to have any Unpermitted Excep-
tions removed or, in the alternative, to obtain the commit-
ment for title insurance specified above as to such Unper-
mitted Exceptions within the specified time, the Purchaser
may as its exclusive remedy either terminate this Agreement
or may elect, upon notice to the Seller within ten ( 10) days
after the expiration of the 20-day period, to take title as
it then is with the right to deduct from the purchase price
liens or encumbrances of a definite or ascertainable amount,
but not in excess of $15,000 in the aggregate. If the
Purchaser does not so elect, this Agreement shall become
null and void without further action of the parties and
neither party shall have any further rights or obligations
hereunder and the payment referred to in paragraph 4(a)
-7-
I
shall be refunded to the Purchaser. The Purchaser, at its
expense, may elect to cause the Title Insurer to issue
extended coverage over the General Exceptions. If the
Purchaser so elects, then, notwithstanding anything con-
tained herein to the contrary, any additional exceptions
raised by the Title Insurer by reason of issuance by it of
such extended coverage shall be deemed to be Unpermitted
Exceptions.
11. Any and all notices required hereunder shall be
deemed served upon mailing by postage prepaid certified
mail, return receipt requested, to the Seller at P.O. Box
190, Aurora, Illinois 60507, Attn: Mr. Charles 0. Becker,
i
with a copy to Mayer, Brown & Platt, 231 South La Salle,
I
Chicago, Illinois 60604, Attn: A. M. Rogers, Jr. , Esq. ; and
to the Purchaser at 3040 Salt Creek Lane, Arlington Heights,
Illinois 60005, Attn: Mr. Robert D. Sholiton, with a copy
to Seyfarth, Shaw, Fairweather & Geraldson, 55 East Monroe
� I
Street, Suite 4200, Chicago, Illinois 60603, Attn: Jeffrey
i
Jahns, Esq.
I
12 . The Purchaser and the Seller represent and warrant
to one another that neither thereof has dealt with or re-
tained any broker or finder in connection with the sale of
the Subject Property to the Purchaser or has agreed to pay
any commission or fee in connection therewith. The Pur-
chaser and the Seller agree to indemnify one another of and
from any loss, cost, damage or expense, including, without
limitation, attorneys' fees incurred by the other as a
result of any claim being made by any such broker or finder
alleging that it was retained by the indemnifying party or
instrumental (with the knowledge of the indemnifying party)
-8-
in showing, submitting or selling the Subject Property to
the Purchaser or is otherwise (with the knowledge of the
indemnifying party) due a commission in connection there-
with, provided that such indemnified party now has no knowl-
edge of any of the circumstances pursuant to which such
broker •or finder makes a claim.
13 . Time is of the essence of this Agreement.
IN WITNESS WHEREOF, the Fn.rties have executed this
Agreement as of the day and year first above written.
NORTHERN ILLINOIS GAS COMPANY,
an Illinois corporation
R'I'TE T;:
� � Title reasurer
Ti le sistant Secretary
'/ANTAGE PROPERTIES, INC. , a
Texas corporation
_ DY
L i' Tit a _A,-, ,,_,t . 4(-,. f = t1=E1
T tle ��%
EXHIBIT A
Legal Description of the Subject Property
That part of the Northwest Quarter of Section 26 , Township 39 North, Range
11 , described as follows: Commencing at the Northeast corner of Lot 12 in
Corporate Plaza Subdivision Unit Two , recorded August 10 , 1972 as Document
R72-46895 ; thence along the Northerly line of said Lot 12 the five
following courses and distances; (1) South 86 degrees 14 minutes 43 seconds
West 276 . 74 feet; ( 2) South 75 degrees 04 minutes 43 seconds West 220.54
feet; (3 ) South 33. degrees 50 minutes 13 seconds West 306. 95 feet; (4 )
South 14 degrees 21 minutes 3 4 seconds West 107 . 79 feet; (5 ) South 89
e continuing South 89
Z seconds West 84. 87 feet; thenc g
degrees 12 minutes 0
degrees 12 minutes
20 seconds
West 116. 04 feet to the center line of
Illinois Route 83 ; thence North 0 degrees 22 minutes 30 seconds East along
said center line of Route 83 , 82 .50 feet; thence South 89 degrees 12
minutes 20 seconds East along a line which crosses the Northern Illinois
Toll Highway Parcel T-6A-139F, .135.12 feet to the Southerly right of way
line of the Northern Illinois Toll Highway; thence along said Southerly
right of way line of the Northern Illinois Toll Highway the three following
courses and distances : (1 ) North 14 degrees 21 minutes 43 seconds East ,
56 .99 feet; (2 ) North 33 degrees 50 minutes 13 seconds East, 352. 15 feet.;
(3 ) North 75 degrees 04 minutes 43 seconds East, 259 . 65 feet; thence North
86 degrees 14 minutes 43 seconds East, along said Southerly right of way
line, to its intersection with the East line of said Lot 12 Corporate Plaza
Subdivision Unit Two , extended North; thence South along said extended East
line, to the Point, of Beginning (except that portion dedicated for highway
purposes in Illinois Route 83 and except that part crossing Illinois Toll .
Highway Parcel No. T-6A-139F) in DuPage County, Illinois.
Which property is also described as follows:
That part of the Northwest Quarter of Section 26 , Township 39 North, Range
ll . East of the Third Principal Meridian , described as follows: All that
part of Lot 12 in Northern Illinois Gas Company - York Township Assessment ,
Plat No. 1 , as shown on Plat recorded August 4, 1964, in Plat Book 47, Page
81 B, as Document No. R64-28042 , lying Southeasterly and Southerly of the
Southeasterly and Southerly lines of Tract-3A in Butler Company - Illinois
Tollway Assessment Plat No. 1 , as shown on Plat recorded December 27 , 1960 ,
in Plat Book 40 , Page 165 C, as Document No. 991695 ; and lying Westerly of
the extension North of the East line of Lot 12 in Corporate Plaza
Subdivision, Unit Two , as shown on Plat recorded August 10 , 1972 , in Plat
Book 64 , Page 59, as Document No. R72-46895 , all in DuPage County,
Illinois.
EXHIBIT B
Legal Description of the Adjacent Property
Lot 12 in CORPORATE PLAZA SUBDIVISION UNIT TWO, of
parts of lots 1 and 2 in Oak Brook Investment Company
Assessment Plat No. 3, of part of Section 26 , Township
39 North, Range 11, East of the Third Principal Meridian,
in DuPage County, Illinois.
I
EXHIBIT C
Easement Reservation
Reserving unto Northern Illinois Gas Company (it being
expressly agreed by Grantee by acceptance of this Deed that
this Deed is made and delivered subject to such easement
reservation) a perpetual and, except for the improvements
permitted below and the use thereof, exclusive easement
upon, over, across and under the entire property (the "Con-
veyed Property" ) conveyed by this Deed, at any time( s) to
own, enlarge, operate, construct, install, repair, remove,
inspect, alter, maintain or replace any and all energy
facilities (together with the full and free right of access
thereto) , all as Northern Illinois Gas Company may deem
necessary or desirable in its sole discretion in the conduct
of its energy business. As used herein, the term "energy
facilities" means and includes any and all facilities now or
hereafter used by Northern Illinois Gas Company in its
energy business as now or hereafter conducted, including,
without limitation, pipes, mains, regulators, valves, meters
and heaters to protect and/or enclose such facilities. No
trees, building, structure, improvement or other installa-
tion of any kind or type whatsoever shall be constructed,
installed or maintained by Grantee within the Conveyed
Property excepting only that Grantee may install, maintain,
use and remove or replace (a) a blacktop parking area on
such surface portion(s) , if any, of the Conveyed Property
which is(are) not now or hereafter used by Northern Illinois
Gas Company for above-ground energy facilities; (b) a black-
top access road to any such parking area and curbs and
gutters and other drainage facilities (provided all drainage
facilities affecting the Conveyed Property shall be subject
to the approval of Northern Illinois Gas Company) ; and (c)
landscaping, including sprinkler systems, removable plant-
ers, flat work and planter boxes and trees planted in move-
able planter boxes, but excluding trees not planted in
moveable planter boxes; subject, however, to Northern Illi-
nois Gas Company' s rights as aforesaid to use the entire
surface and subsurface of the Conveyed Property for its
energy facilities. If Northern Illinois Gas Company per-
forms any subsurface construction, alteration, installation,
repair, enlargement, replacement, removal, inspection or
maintenance work (collectively hereinafter called the "in-
stallation" ) under any portion of the Conveyed Property, the
surface of which is being used by Grantee immediately prior
to such installation (and provided and to the extent that
Northern Illinois Gas Company does not require such surface
portion for its use after such installation) , Northern
Illinois Gas Company shall, at its expense, restore the pre-
existing surface as promptly as reasonably practical after
completion of the installation. Northern Illinois Gas
Company shall not be liable to Grantee for any other inter-
ference with or interruption of Grantee' s use or occupancy
or proposed use or occupancy of any portion of the Conveyed
C-1
Property, or (except in the case of an installation) fox,
damage to or destruction, repair or replacement of any R:; '
Grantee' s facilities (including, without limitation, pa.w'la-
ment or landscaping) . As used herein, the terms "North-,�- .n
Illinois Gas Company" and "Grantee" shall include the
cessors and assigns of such parties . Northern Illinois Jas
Company and Grantee shall each have the right to enforco its
rights under this easement by injunction, and each shalt sway
all reasonable attorneys' fees incurred by the other in
enforcing its rights hereunder.
G2
EXHIBIT D
Permitted Exceptions
831205 1557 191 1410 1 UNIT A
CHICAGO TITLE INSURANCE COMPANY
I
. I '
APPLICABLE GENERAL EXCEPTIONS AND SCHEDULE B EXCEPTIONS (1) AND (2)
APPEAR ON THE INSIDE OF THE COMMITMENT JACKET (FORM NO. 2606) .
SCHEDULE A CI:ATTN: JOE R. JOHNSON
NUMBER EFFECTIVE DATE REFER INQUIRIES TO
83 11 441 DECEMBER 1, 1983 DUPAGE UNIT A 668-5000
1. OWNERS POLICY TO BE ISSUED: ALTA FORM B AMOUNT: $5,000.00
PROPOSED INSURED:
THE NAMES OF THE PROPOSED INSURED UNDER THIS POLICY SHOULD
BE FURNISHED IN ORDER THAT THIS COMMITMENT MAY BECOME EFFECTIVE
LOAN POLICY TO BE ISSUED: NONE AMOUNT: $0.00
PROPOSED INSURED:
2. THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN THIS
COMMITMENT AND COVERED HEREIN IS A FEE SIMPLE AND TITLE THERETO IS
AT THE EFFECTIVE DATE HERETO VESTED IN:
NORTHERN ILLINOIS GAS COMPANY, A CORPORA 'ION OF ILLINOIS.
3. THE LAND REFERRED TO IN THIS COM1MITMENT IS DESCRIBED AS FOLLOWS:
THAT PART OF THE NORTH WEST 1/4 OF SECTION 26, TOWNSHIP 39 NORTH, RANGE
11, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH EAST CORNER OF LOT 12
IN CORPORATE PLAZA SUBDIVISION UNIT TWO, RECORDED AUGUST 10, 1972 AS
DOCUMENT R72-46895; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 12 THE
FIVE FOLLOWING COURSES AND DISTANCES; (1) SOUTH 86 DEGREES 14 MINUTES
43 SECONDS WEST 276.74 FEET; (2) SOUTH 75 DEGREES 04 MINUTES 43 SECONDS
WEST 220.54 FEET; (3) SOUTH 33 DEGREES 50 MINb-rES 13 SECONDS WEST
306.95 FEET; (4) SOUTH 14 DEGREES 21 MINUTES 43 SECONDS WEST 107.79
FEET; (5) SOUTH 89 DEGREES 12 MINUTES 20 SECONDS WEST 84.87 FEET;
THENCE CONTINUING SOUTH 89 DEGREES 12 MINUTES 20 SECONDS WEST 116.04
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PAGE 2 -SCHEDULE A CONTINUED- 83 11 441
FEET TO THE CENTER LINE OF ILLINOIS ROUTE 83; THENCE NORTH 0 DEGREES 22
MINUTES 30 SECONDS EAST ALONG SAID CENTER LINE OF ROUTE 83, 82.50 FEET;
THENCE SOUTH 89 DEGREES 12 MINUTES 20 SECONDS EAST ALONG A LINE WHICH
CROSSES THE NORTHERN ILLINOIS TOLL HIGHWAY PARCEL T-6A-139F, 135. 12
FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF THE NORTHERN ILLINOIS TOLL
HIGHWAY; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF THE NORTHERN
ILLINOIS TOLL .HIGHWAY THE THREE FOLLOWING COURSES AND DISTANCES: (1)
NORTH 14 DEGREES 21 MINUTES 43 SECONDS EAST, 56.99 FEET; (2) NORTH 33
DEGREES 50 MINUTES 13 SECONDS EAST, 352. 15 FEET; (3) NORTH 75 DEGREES
04 MINUTES 43 SECONDS EAST, 259.65 FEET; THENCE NORTH 86 DEGREES 14
MTN'UTES 43 SECONDS EAST, ALONG SAID SOUTHERLY RIGHT OF WAY LINE, TO ITS
INTERSECTION WITH THE EAST LINE OF SAID LOT 12 CORPORATE PLAZA
SUBDIVISION UNIT TWO, EXTENIDED NORTH; THENCE SOUTH ALONG SAID EXTENDED
EAST LINE, TO THE POINT OF BEGINNING (EXCEPT THAT PORTION DEDICATED FOR
HIGHWAY PURPOSES IN ILLINOIS ROL'TE 83 AND EXCEPT THAT PART CROSSING
ILLINOIS TOLL HIGHWAY PARCEL NO. T-6A-139F) IN DUPAGE COUNTY, ILLINOIS
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-SCHEDULE B CONTINUED FROM COM!%FITMENT JACKET (FORM NO. 2606).
3. RIGHT OF WAY FOR DRAINAGE TILES, DITCHES, FEEDERS AND LATERALS.
4. GRANT OF AN EASEMENT BY BUTLER COMPANY TO STANDARD OIL COMPAN-f,
DATED JULY 30, 1958 AND RECORDED NOVEMBER 30, 1959 AS DOCU*1Eh'T
948856, OF THE RIGHT TO LAY, MAINTAIN, OPERATE, REPLACE AND
REMOVE A PIPELINE FOR THE TRANSPORTATION OF PETROLEUM PRODUCTS,
UPON, UNDER AND WITHIN THE EAST SIDE OF THE PUBLIC RIGHT OF WAY
KNOWN AS ILLINOIS ROUTE 83, ON OR ADJOINING THE LAND.
5. GRANT OF AN EASEMENT BY BUTLER COMPANY TO WEST SHORE PIPE LINE
COMPANY, A CORPORATION OF DELAWARE, DATED OCTOBER 5, 1959 AND
RECORDED OCTOBER 18, 1960 AS DOCUMENT 984026, OF THE RIGHT TO
LAY, MAINTAIN, OPERATE, REPLACE AND REMOVE A PIPELINE FOR THE
TRANSPORTATION OF PETROLEUM PRODUCTS, UPON, UNDER AND WITHIN THE
EAST SIDE OF THE PUBLIC RIGHT OF WAY KNOWN AS ILLINOIS ROUTE 83,
ON OR ADJOINING THE LAND.
• I
6. AGREEMENT BEn EEN BUTLER COMPANY AND NORTHERN ILLINOIS GAS
COMPANY AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, DATED
DECEMBER 27, 1960 AND RECORDED JANUARY 19, 1961 AS DOCUMENT
993993, WHEREIN BUTLER COMPANY IS GRANTED AN EASEMENT OVER- THE
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-SCHEDULE B CONTINUED-
LAND AND OTHER PROPERTY FOR LANDSCAPING PURPOSES AND FREE ACCESS
THERETO FOR CONSTRUCTION, RECONSTRUCTION, MAINTENANCE, REPAIR AND
USE BY IT AND OTHERS, OF SERVICE AND PRIVATE DRIVES AND AREAS FOR
PARKING OF VEHICLES, INCLUDING THE PAVING AND IMPROVING OF SUCH
SURFACE AREAS FOR SAID PURPOSES AND NO OTHER PURPOSES, TOGETHER
WITH THE TERMS, PROVISIONS AND CONDITIONS CONTAINED THEREIN.
NOTE: THERE APPEAR TO BE SEVERAL AUTHORIZATIONS OF RECORD FROM
OAK BROOK DEVELOPMENT COMPANY, SUCCESSOR OF BUTLER COMPANY, TO
THE USES OF THE EASEMENT.
7. GRANT CONTAINED IN THE QUIT CLAIM DEED FROM BUTLER COMPANY, A
CORPORATION OF ILLINOIS, TO M-1, INC. , A CORPORATION OF ILLINOIS,
DATED JANUARY 14, 1961 AND RECORDED FEBRUARY 21, 1961 AS DOCUMENT.
997413, AND RECORDED FEBRUARY 27, 1961 AS DOCUMENT 997953, OF ALL
PERMANENT AND PERPETUAL EASEMENT RIGHTS ACQUIRED BY BUTLER
COMPANY, A CORPORATION OF ILLINOIS, FROM NORTHERN ILLINOIS GAS
COMPANY, A CORPORATION OF ILLINOIS, IN THAT CERTAIN GRANT OF
EASEMENT DATED DECEMBER 27, 1960 AND RECORDED DECEMBER 27, 1960
AS DOCUMENT 991700
8. NOTE FOR INFORMATION: THE LAND LIES WITHIN THE HINSDALE SANITARY
DISTRICT WHICH HAS ACCEPTED FEDERAL GRANTS FOR SEWAGE TREATMENT
WORKS PURSUANT TO PUBLIC LAW 92-500. FEDERAL LAW REQUIRES A USER
CHARGE SYSTEM SEPARATE FROM GENERAL AD VALOREM PROPERTY TAMES.
9. ; _
BY NORTHERN ILLINOIS GAS COMPANY, A CO F ILLINOIS;
THERE APPEARS OF RECORD SUPPLEMENTAL IN'DEI�TLRES
RUNNING TO L ILLINOIS NATIONAL BANK AND TRUST COMPANY
10. ,
FURNISHED WITH A PROPERLY CERT OF THE VERIFIED PETITION
D ORDER PASSED B ' NOIS COMMERCE COMMISSION, AUTHORIZING
AN'D UCH SALE OR ENCUMBRANCE AND EXECUTION OF SUCH
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-SCHEDULE B CONTINUED-
' %'"^ ^D *t^n'r^+^r fir_ err LAND, t.rr _su^^r to n
FURNISHED WITH A PROPERLY CERTIFIED COPY OF THE RE I ON PASSED
BY THE BOARD OF DIRECTORS OF NORTHERN ILLIN AS COMPANY,
AUTHORIZING THE EXECUTION OF SUCH C SCE OR MORTGAGE
NOTE: UPON THE CON17EY ' F THE LAND, OR ANY PART THEREOF, BY
NORTHERN ILLIN S COMPANY, A CORPORATION OF ILLINOIS, A
RELEASE I D BE RECORDED, RELEASING SUCH PREMISES FROM THE
.�nor—AT-1- ISM r_,l_l RANGES, 1N;; T-6RIrs,
I
12. AGREEMENT RECORDED JULY 10, 1961 AS DOCUMENT R61-13486 BY AND
BETWEEN THE DRAKE OAK BROOK, INC. , BUTLER COMPANY AND NORTHERN
ILLINOIS GAS COMPANY, RELATING TO THE LANDSCAPING AND
CONSTRUCTION, USE, MAINTENANCE, REPAIR OF PRIVATE DRIVES AND
PARKWAYS ON THE LAND AND OTHER PROPERTY, TOGETHER WITH PROVISIONS
THEREIN CONTAINED.
13. RIGHTS OF THE PUBLIC AND OF THE MUNICIPALITY, IN AND TO THAT PART
OF THE LAND DEDICATED FOR HIGHWAY PURPOSES BY INSTRUMENT OF
DEDICATION RECORDED DECEMBER 26, 1961 AS DOCUMENT R61-34709
(AFFECTS TRIANGULAR PORTION IN THE NORTHEASTERLY CORNER OF THE
LAND MEASURED 65.49 FEET ON THE NORTH LINE AND 65.05 FEET ON •THE
EAST LINE)
14. RIGHTS OF THE PUBLIC IN AND TO SO MUCH OF THE LAND AS MAYBE
COVERED BY THE WATERS OF SALT CREEK AND OF THE ADJOINING OWNERS
TO THE FREE AND UNINTERRUPTED USE AND FLOW OF THE WATERS OF SAID
CREEK.
15.
E.
ILLINOIS AS 82J-320 5_,500,000.00 ($305 MILLION) IN FAVOR
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-SCHEDULE B CONTINUED-
16. TAXES FOR THE YEAR 1983.
(PERMANENT INDEX NUMBER 06 26 101 001) .
17. TAXES FOR THE YEAR 1982 AMOUNTING TO $1,184.10 ARE PAID OF RECORD
(AFFECTS LOT 12 IN NORTHERN ILL GAS YORK TOWPH ASSESSMENT PLAT
NO. 1) (4.68 ACRES) .
18. GENERAL TAXES FOR THE YEAR 1983 ARE NOT YET DUE AND PAYABLE.
(PERZ•IANENT INDEX NUMBER 06 26 101 001 ) .
19.
THE LAND AND IMPROVEMENTS THEREON. IF SUCH VALUE IS GREA HAN
THE A*10UNT OF INSURANCE REQUESTED, THE APPLICATIO ' �LD BE
AMENDED TO REQUEST AN AMOUNT EQUIVALENT TO ULL VALUE OF THE
PROPERTY, AND, IN DEFAULT THEREOF, TH HT IS RESERVED TO
INSERT IN THE OWNER'S POLICY 1PANY'S USUAL COINSURANCE
ENDORSEMENT (POLICY MODIF ION ENDORSEMENT 3) .
20. THE N. " F THE PROPOSED INSURED UNDER THE OWNERS POLICY SHOULD
aTITLE INSURAN COMPANY
0 IZED SI NAT RY.
I
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SCHEDULE B
Schedule B of the policy or policies to be issued will he subject to exceptions as to the following matters
unless the same are disposed of to the satisfaction of the Company:
1. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the
public records or attaching subsequent to the effective date hereof but prior to the date the proposed
Insured acquires for value of record the estate or interest or mortgage thereon covered by this
Commitment.
2A. Any owner's policy (other than an ALTA Residential Title Policy) will be subject to the following
General Exceptions:
(1) Rights or claims of parties in possession not shown by the public records;
(2) Encroachments,overlaps,boundary line disputes,and any matters which would be disclosed by an
accurate survey and inspection of the premises;
(3) Easements, or claims of easements, not shown by the public records;
(4) Any lien,or right to alien,for services,labor,or material heretofore or hereafter furnished,imposed
by law and not shown by the public records;
(5) Taxes or special assessments which are not shown as existin g Y liens b the public records.
Owner's policies covering certain types of property may be issued free of one or more of these
exceptions, as.provided below on this Schedule B.
The ALTA Residential Title Policy will be subject to certain nonrecord exceptions referred to
in Schedule B in the absence of the production of the data and other essential matters set forth
in Schedule B.
2B. The G or H form loan policy will be subject to the foregoing general exceptions (4)and (5),and the H
form will also be subject to:Consequences of the failure of the lender to pay out properly the whole or
any part of the loan secured by the trust deed or mortgage covered by this Commitment,as affecting:
(a) the validity of the lien of said trust deed or mortgage;and (b) the priority of the lien over any other
right, claim, lien or encumbrance which has or may become superior to the lien of said trust deed or
mortgage before the disbursement of the entire proceeds of the loan.
2C. An ALTA loan policy will be subject to the following exceptions (a) and (b), in the absence of the
production of the data and other essential matters in our Form 3735:
(a) Any lien or right to a lien,for services,labor or material heretofore or hereafter furnished,imposed
by law and not shown by the public records;
(b) Consequences of the failure of the lender to pay out properly the whole or any part of the loan
secured by the mortgage described in Schedule A, as affecting: (i) the validity of the lien of said
mortgage;and (ii) the priority of the lien over any other right,claim,lien or encumbrance which has or
may become superior to the lien of said mortgage before the disbursement of the entire proceeds of the
loan.
2D. Any owner's policy will contain the encumbrance, if any, shown in Schedule A.
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