S-407 - 02/28/1978 - ZONING - Ordinances t
ORDINANCE NO.
I LS 1!i1J1.1i'ECi`1i ED,AN ORDINANCE AMENDING ORDINANCE VILLAGE OF OAK BROOK,THE
LAOIS,
BEING THE ZONING ORDINANCE OF THE V
OF 1966, RELATIVE TO REZONING AND RECLASSIFYING CERTAIN TERRI-
STRY SITUATED OK ILLINOIS AND COMMONLY RKNOWN AIS "M"MIDWEST
STREET, OAK BROOK, �
COUNTRY CLUB"
WHEREAS, the contract purchaser of the property more particularly
hereinafter described, has petitioned the Corporate Authorities of the Village of
Oak Brook for an amendment to Ordinance No. G-60, as amended, the Zoning .
Ordinance of the Village of Oak Brook, Illinois, of 1966, rezoning and reclassifying
said property from the R-1 Residence District zoning classification to the R-3
Residence District zoning classification; and
t,
WHEREAS, the Zoning Board of Appeals of the Village of Oak Brook has
reviewed the application of the contract purchaser of the property hereinafter
described for rezoning of the same to the R-3 Residence District zoning
classification, and after notice and public hearing as required by the Statutes of the
State of Illinois and the Ordinances of the Village of Oak Brook, has recommended
said rezoning to the President and Board of Trustees of the Village of Oak Brook;
and
WHEREAS, the Plan Commission of the Village of Oak Brook has
submitted its report on the subject Petition to the President and Board of Trustees;
and
WHEREAS, the President and Board of Trustees deem the passage of
this Ordinance to be in the best interest and in furtherance of the general welfare
of the Village of Oak Brook.
NOW, THEREFORE, BE IT ORDAINED by the President and Board of
Trustees of the Village of Oak Brook, Du Page and Cook Counties, Illinois, as
follows:
SECTION 1: The provisions of the preamble hereinabove set forth are hereby
restated herein as though herein fully set forth.
SECTION 2: The property legally described on Exhibit and reclassified into the and
incorporated herein by reference, is hereby rezone
Residence District zoning classification pursuant to Section X111 (G) of Ordinance
G-60, as amended, the same being the Zoning Ordinance of the Village of Oak
Brook, Illinois, of 1966.
SECTION 3: The Village Clerk is hereby authorized ed Brook dadirected
other n pert Went
amend the Zoning Map of the Village of Oa
documents and records to reflect the rezoning and reclassification of the property
hereinbefore described, all in accordance with the provisions of this Ordinance and
as otherwise provided by law.
SECTION 4: All ordinances, rules, and regulations of the Village of Oak Brook
which are in conflict oft the conflict, and of only aOsrthey ce are hereby
apply to the pro
solely to the extent perty
.
hereinbef ore described.
SECTION 5: If any section, subsection, sentence,, uch determination shall not affect
Ordinance is for any reason held to be invalid,
the validity of any remaining portion of this Ordinance.
SECTION 6: This Ordinance shall be published in pamphlet form by authority of the
i
Corporate Authorities of the Village of Oak Brook, Du Page and Cook Counties,
Illinois.
SECTION 7: This Ordinance- shall be in full force and effect from and after its
passage, approval, and publication in pamphlet form as required by law.
PASSED this 'day of 1978.
AYES: r7
NAYS: y
ABSENT: _______
APPROVED this day of �A 1978.
resident
ATTEST:
Village Jerk
Village Clerk and published in pamphlet form by authority
Filed in the Office of the Vi g 9ak Brook this day of
of the.President and Board of Trustees of the Village of
1978.
Village Ujerk
APPROVED as to form
illag Attorney .
i
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r' EXHIBIT "A"
PARCEL 1: The East three-fourths of the East half of the Northeast quarter of
Section 33, Township 39 North, Range 11, East of the Third Principal Meridian, in
Du Page County, Illinois.
ALSO
PARCEL 2: The West half of the Northeast quarter and the West half of the West
half of the East half of the Northeast quarter of Section 33, Township 39 North,
Range 11, East of the Third Principal Meridian in Du Page County, Illinois.
ALSO
PARCEL 3: The North half of the East half of the Northwest quarter of Section
33, Township 39 North, Range 11, East of the Third Principal Meridian, excepting
therefrom that part thereof described as follows: Beginning at the Northeast
corner said quarter section, thence South 36 rods; thence West 80 rods to the
center of the public road; thence North along the center of said road, 36 rods;
thence east to the place of beginning, in Du Page County, Illinois.
ALSO
PARCEL 4: The West half of the Northwest quarter of the Northwest quarter of
Section 34, Township 39 North, Range 11, East of the Third Principal Meridian, in
Du Page County, Illinois.
ALSO
PARCEL 5: The West half of the Southwest quarter of the Northwest quarter of
Section 34, Township 39 North, Range 11, East of the Third Principal Meridian, in
Du Page County, Illinois.
ALSO
Lots 2, 3, and 4 in Midwest Estates, being a subdivision of the East half (Y:) of the
Southwest quarter (K) of the Northwest fractional quarter (Yo) of Section 34,
Township 39 North, Range 11, East of the Third Principal Meridian as recorded
September 23, 1958, by Document No. 895708, in Du Page County, Illinois.
A
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SECOND AMENDMENT TO CONTRACT
FOR THE SALE OF REAL ESTATE
This is a Second Amendment dated -February , 1978 to the
Contract dated August 8, 1977, between Midwest Country Club,
as Seller, and Everett A. Sisson, as Buyer.
1. Permitted Exceptions in Original Contract. The
Contract of August 8, 1977 (the "Original Contract") sets forth
in Paragraph 12 ("Delivery of Title Commitment") certain specific
exceptions which are referred to in said Contract as the "Permitted
Exceptions". The last of the Permitted Exceptions in said
Paragraph 12 on page 7 of the Contract, is Permitted Exception " (p)
t, 2. Creation of Additional Permitted Exception. Paragraph 12
of .the Original Contract is hereby amended by inserting after
Permitted Exception (p) on page 7 of the Original Contract, the
following additional Permitted Exception:
a can a
(q) Declaration of Restrictions and Conditions dated
February , 1978
Cif f
3. New Permitted Exception: Inclusion in Deed. The deed
to be delivered by Seller to Buyer pursuant to the Original Contract
shall include as a Permitted Exception, Permitted Exception
provided for by this Second Amendment.
4. The Original Contract and the First Amendment to
. said Original Contract, continue in full force and effect with
no changes whatsoever, except for the change made by this Second
Amendment.
MIDWEST COUNTRY CLUB,
an Illinois corporation
By
James W. Huseman, President
SELLER
Everett A. Sisson
BUYER
YL• r�a.v�t^c.l. '�..�•-w;trli:>v'�..:.i.'►^ �+1' v ..+�+r ?'l..•.a{ � .+.1q� ..4 .Y., �Sr:i t ...t,•
F I _
r
- DECLARATION OF RESTRICTIONS AND CONDITIONS
tr Club, an Illinois corporation ("Midwest") ,
1• Midwest Country
is the owner of the real estate (the "Premises") described as follows :
The
real estate iri Du Page County, Illinois , described
as follows :
three-quarters of the East half of
Parcel 1: The East
of Section 33;
the Northeast q
Parcel 2 : The West half of the Northeast quarter and
the West half of the West half of the East half of the
Northeast quarter of Section 33 ;
The North half of the East half of the North-
Parcel 3: therefrom .that part
west quarter of Section• 33, excepting
thereof -described as follows :
Beginning at. the Northeast rods;°thence West
ter Section, thence South 36 public road;
80 rods to the center of the p
North along the center of said road, 36 rods;.
thence inning;
thence East to the place of beg'
West half of the Northwest quarter of the
Parcel 4 : The
Northwest quarter of Section 34;
Parcel 5
The West half of the Southwest quarter of the
-Northwest quarter of Section 34 ; and
being a •
Parcel 6 • Lots• 2 , 3 and 4 in Midwest Estates , quarter
of the Southwest q
subdivision of. the East Half nal quarter (1/4) of Section
(1/4) of the Northwest fractional q Document No. 895708 ,
34 , as recorded September 23 , 1958 by
in Du Page County, Illinois;
All in Township 39 North, Range 11,
East of the Third
Principal Meridian, containing 231.122 acres.
declares that the Premises are subject to
2• Midwest hereby
the following Restrictions and Conditions:
divided into more than .220
(a) The Premises shall not be sub
the land use classification designated under the ordinances
of the Village of Oak Br
dots in � Detached Residents
ook as R-3 , Single Family
District.
size of subdivided lots• on the Premises
(b) The average
- shall not be less than 28,800 square feet. es shall
(c) Not less than 16% of the whole of the Premis
open land, exclusive of all road rights-of-way.
consist of commo n P
ctions and
3. The foregoing Restri
Conditions shall be effective
uit and shall be deemed covenants running with the land.
in perpetuity or conveys,
instrument of whatever nature which creates, transfers ,
. E ver Y .
1,14A Iq 111111:1
or purports to create , transfer, or convey, any interest of any
nature whatsoever in the Premises , shall be deemed subject to said
Restrictions and Conditions , and any party acquiring any interest
in the Premises shall hold such interest subject to said Restric-
tions and Conditions..
4. The Restrictions and Conditions are created for the
.benefit and advantage of Midwest itself, and for the benefit and
advantage of the Village of Oak Brook, a municipal corporation of
Du Page and Cook Counties , Illinois . The Village of Oak Brook is
hereby acknowledged by Midwest as possessed of a vested interest,
in perpetuity, in said Restrictions and Conditions ,. and Midwest
acknowledges and agrees that said Restrictions and Conditions cannot
be can or modified in any respect without the prior written
consent of said Village of Oak Brook.
IN WITNESS WHEREOF, this instrument has been executed by
Midwest Country Club on February , 1978•
MIDWEST COUNTRY CLUB,
an Illinois corporation
ATTEST: By
James W. Huseman, President
Secretary
STATE OF ILLINOIS SS
COUNTY OF
I� a notary public, do hereby
certify that James W. Husean and
personally
m
known to me to be the President and Secretary respectively of Midwest
Country Club, an Illinois corporation, and personally known to me to
be the same persons whose names are subscribed to the foregoing
instrument, appeared before me this day in person and acknowledged
that as such President and Secretary they executed the foregoing
instrument and caused the seal of
affixed thereto pursuant to authority given by
of said corporation, as their rpfree and voluntary act and as the free
and voluntary act of
GIVEN under my hand and notarial seal this day of
February, 1978 .
Notary Public
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