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S-439 - 09/25/1979 - AGREEMENT - Ordinances ORDINANCE NO. S-439 AN ORDINANCE DISCONNECTING ALL TERRITORY LOCATED WITHIN THE CORPORATE LIMITS OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS FROM THE KANE-DU PAGE SOIL AND WATER CONSERVATION DISTRICT WHEREAS, Public Act 80-159 amended the Soil and Water Conservation District Act, Chapter 5, paragraphs 106 through 138 .10 of the -Illinois Revised Statutes ; and WHEREAS, said Act provides that a municipality shall have the authority by resolution to the District and Department of Agri- culture to remove all or a part of its land lying within its bound- aries from a Soil and Water Conservation District; and WHEREAS, after due consideration it is the opinion of the President and Board of Trustees of the Village of Oak Brook that it is in the best interest of said Village to exercise this right of disconnection from the Soil and dater Conservation District; 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 : That the corporate authorities of the Village hereby resolve to disconnect all of the territory located within the corporate limits of the Village of Oak Brook , DuPage and Cook Counties , Illinois from the Kane-DuPage Soil and Water Conservation District pursuant to its authority to` effect such disconnection pur- suant to the provisions of paragraph 138. 7 of Chapter 5 of the Illinois Revised Statutes . Section 2: That the territory so disconnected includes all the territory within the corporate limits of the Village of Oak Brook as described in the attached Exhibit "A", the Official Map of the Village of Oak Brook which Exhibit is hereby made a part hereof; and as further described by the legal description of the Village of Oak Brook, a copy of which is attached hereto, labelled Exhibit "B" and hereby made a part hereof. Section 3: That the Village Clerk is hereby authorized and directed to submit a certified copy of this Ordinance to the Kane-DuPage Soil and Water Conservation District and to the Depart- ment of Agriculture of the State of Illinois . Section 4 : That the Village Clerk is hereby authorized and directed to record in the office of the Recbrder of Deeds , DuPage , County, Illinois a certified copy of this Ordinance . .. -)Z/-Ordinance No . Disconnection - Village of Oak Brook from the Kane-DuPage Soil and Water Conservation District Page two Section 5 : That this Ordinance shall be in full force and effect from and after its passage and approval pursuant to law. Passed this day of ,1979 . Ayes : Trustees Brown, Congreve, Marquardt, Philip & Reynolds Nays : None Absent . Trustee Rush i Approved this S day of ,1979 o� Vi l age s ' e t ATTEST: Vill ge Clerk Approved as to Form: Vil a•g Attor ey Not Published Published 9/26/79 Pamphlet Date Paper Beginning at the intersection of the north right-of-way line of Butterfield Road, Illinois Route 56, and the west right-of-way line of Midwest Road (Summit ,.Avenue) this point being .within the southwest quarter of Section 22 , T39N, Rll, East of the Third Principal Meridian; thence proceeding northeasterly along the north right-of-way line of Butterfield Road to the northerly extension of the west line of Town Development Company' s Elmhurst Countryside Unit No. 5 Subdivision; thence southerly along the west line of Town Development Company' s Elmhurst Countryside Unit No .,) 5 Subdivision and continuing southerly along the southerly extension of the west line of said Town Development Company's Elmhurst Countryside Unit No. 5 Subdivision to the north line of Section 27- 39-11; thence easterly along the north line of Section 27 739-11 to µ the southwest corner of 'Section 23-39-11 thence northerly along the west line of Section `23-39-11 to the south line extended easterly of- Lot l. in Block 1 in Town Development Company's Elmhurst Countryside- Unit No. 3 Subdivision, said subdivision situated in the southeast quarter, of Section 22-39- 11 ; thence westerly along said south line of Lot 1 extended easterly and the south line of said Lot l to the southwest corner of said Lot 1, said point also being on the east right-of-way line of Monterey Avenue; thence ' northerly along the said east right-of-way line of Monterey Avenue and said east right-of-way line as `extended northerly across 16th Street to a point .of intersection with the north right-of-way, line of 16th Street; thence westerly along said north right-of-way line of 16th Street to the intersection point of the north right-of-way line of 16th Street and the east right-of-way line of Monterey Avenue, said point also being the south west corner of Lot 22 in Block 1 of Town Development Company' s Elmhurst Countryside Unit No. ,11 Subdivision, situated in the northeast quarter of Section 22- 39- 11; thence northerly along said east right`-of-way line of Monterey Avenue to the northwest corner of Lot 28 in Block. 1 of Town Development Company' s Elmhurst Countryside Unit No. 1; thence easterly along the north line of said Lot 28, a distance of 185 . 0 feet to the northeast corner of said Lot 28 ; thence ',southerlyalong ',the east line of said Lot 28, a` distance of 70 . 0 feet to the northwest corner of Lot 13 in Block 1 of Town Development Company' s Elmhurst Countryside Unit No. l; thence easterly along the north line of said Lot 13 and the north line as extended easter- ly across Illinois Route 83 to a point on the east line of the northeast x quarter of Section 22-39- 11 , said point also being on the west line of EXHIBIT „B" EXHIBIT. "B" Page 1 of 7 the northwest quarter of Section 23-39- 11 ; thence northerly along said west line of the northwest quarter of Section 23-39711, said west line of the northwest quarter also being the west line of Town Development Company' s Elmhurst Countryside Unit No. 2 , to the northwest corner of said Town Development Company' s Elmhurst Countryside Unit No. 2 ; thence easterly along the north line of said Town Development Company' s Elmhurst Countryside Unit No. 2 to the northeast corner of said subdivision; thence southerly along the east line of said subdivision to the north right-of-way line of 16th Street ; thence easterly along the north right-of-way line of 16th Street to the west right-of-way line of Spring Road, said point also being the southeast corner of Lot 6 in the Oak Brook Club Subdivision; thence northerly along the east-.-line of Lot 6, 5 , 4, and 3 (said line also being the west right-of-way line-�of:"Spring •Road) in the Oak Brook Club Subdivision to the northeast corner of said Lot 3; thence easterly, along the north line of Lot 3 extended, a distance of 176. 1 feet to the center line of Salt Creek; thence northerly along the center line of Salt Creek to the northeast corner of Lot-1 of Maiucci and Cantore ' s Resubdivision; thence east a distance of 291. 4 feet to the east line of the northwest quarter of Section 23-39-11 ; thence north a distance of 633 feet along the east line of the northwest quarter of Section 23-39-11 to the south . right-of-way line of Roosevelt Road; thence east along said line to the east bank of Salt Creek; thence northeasterly along the east bank of Salt Creek to its intersection with the north line of Lot 112 in Timber Trails Estates Unit 2 Subdivision; thence easterly along said north line of Timber Trails Estates Unit 2 Subdivision to the point of intersection of the southerly extension of the west line of Swanson' s Parkside Subdivision (being a subdivision of the southeast quarter of Section 14-39-11) with the north line of Lot 119 Timber Trails Estates Unit 2 Subdivision, thence north to the southwest corner of Lot 12 Swanson's Parkside Subdivision; thence east a distance of 561. 34 feet to the southeast corner of, Lot 11 of Swanson' s Parkside Subdivision; thence southerly a distance of approxi- mately 17 feet to the southwest corner of Lot 22 in York Township Supervi- sor.s Assessment Plat No. 5; thence. east along the north right-of-way line of Roosevelt Road to the northerly extension of the east line of the northeast - quarter of Section 23-39- 11 ; thence southerly along- the east line of the -northeast quarter of Section 23-39,-11 to the northwest corner of Yorkshire 'iVoods , a` Subdivision in Section 24-39-11 according to the plat recorded .vn- vember 14, 1947 as Document 534056, and re-recorded December 11 ,- 1947 as I! EXHIBIT "B" PAGE 2 of 7 EXHIBIT "B" Document 535991; thence easterly along the north line of 'said Yorkshire Woods and the north line extended easterly to a point on the center line of Old York Road; thence northerly along the center line of Old York Road to a point, said point being on, a line which is the northerly line,, as extended westerly, of Woodside Estates, a Subdivision in Section 24-39-11 and recorded as Document 556874 ; thence easterly along the northerly line of Woodside Estates, as extended, to a point on the northwesterly line of Forest Glen Subdivision Unit 1; thence northeasterly, easterly, south- easterly, and southerly around the outer boundary lines of Forest Glen Subdivision Unit 1 and Forest Glen Subdivision Unit 2 to the north line of the southeast quarter of Section 24-39-11; thence easterly along the north line of the southeast quartet of Section 24- to the northeast corner of said southeast quarter of Section 24-39-11; thence southerly along the east line of the southeast quarter of Section 24-39-11 and the east line of Section 25-39-11, and the east line of the northeast . quarter of ' Section "36-39-11, to the southeast corner of said northeast quarter of Section 36-39-11; thence easterly along the south line of the northeast quarter of said Section 36- 39-11 to a point which is on the west line of the east half of the southeast quarter of said Section 36- 39- 11; thence southerly along the west line of the east half of the ' southeast quarter of said Section 36- 39-11 to the north line of Lot 2 of Graue' s Assessment Plat No. 1 of part of the west half of the southeast quarter of said Section 36-39-11, recorded February 11, 1944 as Document 458793; thence westerly along the north line of said Lot 2 to the north- west corner of said Lot 2 ; thence southerly and southeasterly along':the west line and south line of said Lot 2 to the north line of Lot 3 of Graue ' s Assessment Plat No. 2 of part of the west half of the southeast quarter of said Section 36-39-11, recorded March 19, 1947 as Document 517568; thence westerly along the north line of said Lot 3 to the northeast corner of said Lot 3; thence southerly along the west line of said Lot 3 a distance of 176 . 6 feet ; thence easterly along the south line of said Lot 3 a distance of 425 . 06 feet ; thence southerly along the west line of said Lot 3 a distance of 200 . 0 feet to the section line; thence west along the south line of Section 36-39-11 to a point on the east line of the west 486. 75 feet of the southwest quarter of said Section 36-39-11 thence north along said east line a distance of 330 feet ; thence westerly along a Line which is parallel with the south line of said Section 36- 39- 11, a distance of 486 . 75 feet to the west line of the southwest quarter of said Section 36- 39-11 ; thence southerly along the west line of said Section 36- 39- I1 a distance of 330 feet, to the south line of EXHIBIT "B" ,PAGE of 7_ EXHIBIT "B" said Section 36- 39- 11, which is also the south line of Section 35-39-11; thence westerly along the south line of said Section 35-39-11 to the' east right-of-way line of Adams Street ; thence southerly along the east right-of-way line of Adams Street to the south line of the north 500 feet of the east 624 . 5 feet of the southwest quarter of the northeast quarter of Section 2-38-11, extended easterly; thence westerly , along said south line of the north 500 feet of the east 624. 5 feet, of the southwest quarter of the northeast quarter of Section 2-38-11 to the southwest corner of the north 500 feet of the east 624. 5 feet of the southwest quarter of the northeast quarter of said Section 2-38-11; thence northerly along the west line of the north 500 feet of the east 624. 5 feet of the southwest quarter of the northeast quarter of Section- 2-38-11 toAthe south.-line of the northwest quarter of the northeast quarter of Section 2-38-11; thence westerly along the south line of the-=northwest quarter of the northeast quarter of Section 2-38-11 to the west line of the northeast quarter of Section 2-38-11; thence north - along said west line to the north line of said Section 2-38-11, said point also being the southeast corner of the southwest quarter of Section 35-39-11; thence` westerly along said south line of Section 3.5-39-11 to the easterly right-of-way line of Illinois Route' 83; thence northerly along the- easterly right=of-way line of Illinois Route 83 to the south line of 35th Street, located within the southwest quarter of Section 35-39-11 thence westerly along the south right-of-way line of said 35th Street to a point which is the'.intersection of a line 33 feet south of and parallel with the north line of the southwest quarter of Section 34-39-11 and the southerly extension of the east line of the southwest quarter of the northwest quarter of said Section 34-39-11; thence westerly along said parallel line which is 33 feet south of the north line of the southwest quarter of Section 34-39-11 to a point which is 873 feet east of the west line of the southwest quarter of said Section 34-39-11; thence south to a point which is 873 feet east of the west line and 49. 9 feet south of the north line of the southwest quarter of Section 34-39-11; thence westerly to a- point which is 387. 5 feet east of the west line and 52 . 95 feet south of the north line of the southwest quarter of Section 34-39-11; thence north to the south right-of-way line of 35th Street , said point being the tangent point of a curve with a 350 foot radius ; thence southwesterly along said curve to a point which is 400 feet south of the north line and 50 feet east of the west line of the southwest quarter of Section 34-39-11; thence south along a line parallel to the west Section line of Section 34- 39- 11 to a point which is 50 feet east of the west line and 524 . 3 feet' EXMRTT "Rn of 7 FXNTRTT "B" south of the north line of the southwest quarter of Section 34-39-11; thence west 50 . 0 feet to the west line of Section 34-39-11; thence north along the west line of Section 34-39-11 to a point which is 495 feet south of the -north line of the southwest quarter of Section 34-39-11; thence west along a line parallel with and 495 feet south of the north line of the southeast quarter of Section 33- 39-11, 1 ,325 feet more or less to the west line of the east half of the southeast quarter of said Section 33-39-11 ; thence south along the west line of the east half of the southeast quarter of said Section 33- 39- 11 to a point 660 feet more or less north of the south line of the southeast quarter of said Section 33-39-11; thence west along a line parallel with and 660 feet more or less north of the south line of the southeast quarter of said Section 33-39-11 to a point 449. 65 feet more or less west of the east line of the southwest quarter of said Section 33-39-11; thence westerly along the said north line of the south 660 feet of. Section 33-39-11 a distance of- 876 . 9 feet more or less to,,_a point of intersection with the east line of Sunny Hills Estate, recorded as Document No 9.36465; thence southerly along said east line to a point of intersection with the easterly extension of the south right-of-way line of 38th Street as extended across Cumnor- Road; thence westerly along said extension and the southerly right-6f-way line of 38th Street as dedicated in said Sunny Hills Estate and south right-of-way line extended . westerly across Fairview Avenue to the intersection with the west right- of-way line of Fairview Avenue; thence northerly along the west right-of- way line of Fairview Avenue, as dedicated in Arthur T. McIntosh and Companies Fairview Avenue Subdivision, situated in part of said southeast quarter of section 32-39- 11 and as dedicated in Turek' s Subdivision re- corded as Document No 839446 , to the north line of the southeast quarter- of said Section 32,-39-11; thence west along the north line of the south- east quarter of Section 32-39-11 to the northeast corner of said south- east quarter, said point also being the southwest corner of the northwest quarter of Section 33-39- 11 ; thence northerly along the west line of Section 33- 39-11 to the northwest corner of said Section 33-39-11; thence continuing northerly on the last described course a distance of SO feet to the north right-of-way line of Oak Brook Road (31st Street) ; thence easterly along the north right-of-way line along Oak Brook Road a dis- tance of 725 feet , more or less , to a point said point being 569. 4 feet west of the center line of Meyers Road; thence N 2° 36' 13" W (along formally Timke' s westerly line) to the southwest corner of Bullinger Estates ; thence continuing northerly along the west line of said Bul linger Estates Subdivision, to the southwest corner of Lot 2 in said EXHIBIT "B" PAGE 5 of 7 EXHIBIT "B" Bullinger Estates Subdivision; thence northeasterly across said Lot 2, also being the southeast line of the Northern Illinois Toll Highway . Parcel E-2-96 , to a point on the northerly line of and 220. 0 feet east erly of the northwest corner of said Lot 2 ; thence N 65° 21' E, across Lot 1 of said Bullinger Estates Subdivision, said line also being the southerly line of the Northern Illinois Toll Highway Parcel E-2- 79. 1, a distance of 370 feet ; thence S 880 46 ' E and still along said -southerly line of Parcel E-2- 79. 1 a distance of 217. 70 feet to a point on the ` westerly line of the Northern Illinois Toll Highway Parcel E-2- 79 ; thence S 11° 10 ' W along said westerly line of said Parcel E-2-79, to the southeast corner of said Lot 1 ; thence easterly along the south line of said Lot 1 as extended easterly, to a point on the center line of Meyers Road; thence northerly along the center line of Meyers Road to the northerly line, extended easterly, of the Northern Illinois Toll Highway, Parcel E-2-63. 5 ; thence N 85° 29 ' 59" W along the said northerly line extended and northerly line of the Northern Illinois Toll'.Highway Parcel E-2-63. 5 to a turning point of said Northern Illinois Toll Highway 'Parcel; thence S 4° 30 ' 1" E along westerly line of said Northern `Illinois Toll Highway Parcel E-2-63. 5, a distance of 191. 14 feet, thence westerly along the southerly line of the Northern Illinois Gas Company property Parcel NIG2-63, S, 65° 27' 37" W, a distance of 944. 76 feet ; thence N 680 13' 30" W, along said southerly line of the Northern Illinois Gas Company property Parcel , said line also being a common line with the northerly line of the Northern Illinois Toll Highway Parcel No. E-2-63. 5, a distance of 396 . 55 feet , said point also being the .intersection with the easterly line of the Survey of Boeger :Farm for Assessment Purposes, situated in part of Section 28-39-11 and 29- 39-11 ; thence northwesterly along said easterly line, to a point where said easterly line intersects the center line of Butterfield Road; thence northwesterly on the southern extension of the west property line of Lot 1 of Bethany Theolo- gical Seminary Assessment Plat to the north right-of-way line of Butterfield Road; thence northeasterly along the north right-of-way line of -Butter- fied Road to the southerly ,extension of the west line of Nyman's Assessment Plat, lying within the southeast Quarter of Section 21-39-11 thence southerly along the southerly extension of the west line of vyman' s Assessment Plat to the north line of 22nd Street; thence easterly along the north line of 22nd Street to the southerly extension of the east line of Lot 1 in Dr. Fay' s Division of Lots 22 and 23 in York Township Supervisor' s Assessment Plat No . 8, said point also being - the southwest corner of Lot 2 in Dr. Fay' s Division of Lots 22 and 23 ; thence north- EXHIBIT "B" PAGE r of 7 T711uTDTT n, rr ;,erly and easterly along the westerly and northerly property lines of Ldt,. 2 in said Dr. Fay' s Division of Lots 22 and 23 to the west right- of-way line of Midwest Road (Summit Avenue) ; thence northerly along the west right-of-way line of Midwest Road to the point of beginning. EXHIBIT "B" ' PAGE 7 of 7 EXHIBIT "B"