S-903 - 06/09/1998 - VACATION - Ordinances Supporting Documents a
VILLAGE OF OAK BROOK �
1200 OAK BROOK ROAD
OAK BR100K , ILLINOIS 60523. 2255
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PHONE: 630 990-3000
FA\: 630 490-0576
MEMO
.tune 5, 1998
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TO: President Bushy and Board of Trustees
FROM T um Hawk, Director of Community Development
SUBJECT: Northern Illinois Gas Company
Disconnection • Proaertt►South of 3126 Butterfield
We have received a Petition for Disconnection of a parcel of land owned and used by Norihem
Illinois Gds Company for a major gas pipeline. The property runs across the rear of the ComEd
substation at 3125 Butterfield Road and is approximately 1.2 acres in area.
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The property is to become part of the Homestead Village Subdivision(copy attached)a
development in Lombard, and will be used for Floor Area Ratio and parking. Homestead Village is a
proposed development that will include a free standing restaurant on Lot 1 at the corner of
Butterfield Road and Technology Drive and two hotels on Lots 4 and 5,which will front on
Technology Drive along I-88. Lot 3 will be used for stormwater management.
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Action to Disconnect
If it is your wish to proceed with the disconnection of this property, it will be necessary to
adopt by roll call vote a motion approving the attached Ordinance for Disconnection.
I have reviewed this request with Manager Veitch aild Attorney Martens and we do not perceive any
significant effects on the Village should you approve this disconnection request.
It is my understanding that the Village of Lombard Plan Commission has reviewed and favorably
recommended the Homestead Village development and that the Lombard Board will hold the
Annexation Public Hearing on June 4, 1998(attached).
Attached are the following documents:
A. Ordinance to Disconnect prepared by Attorney Martens.
B. A copy of a letter of explanation form Attorney Hank Stillwell of Rathje, Wood, flyer and
Burt.
r x ,3fi} $ f t y. ,V,
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June 5, 1998 II
Pre;ident Eushy and Board of Trustees
RE: Northern Illinois Gas Company
Page Two
C. A copy of the Petition for Disconnection of Annexed Territory including Exhibits A and 8.
D. A copy of an Exhibit delineating the property to be disconnected.
E. A copy of the proposed Prelim'snary Plat of Subdivision for Homestead Village. �.
F. A copy of the statute pertaining to Disconnection-please note especially Section 50-3-4
Lands Disconnected by Corporate Authorities-Procedure.
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TRH/gp
CC.* Petition files
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HRtQ14Y'J.>DpRT,JR. AT'TORIVL*YS AT LAW II
JL TF-R4WC1 RAUNA
BEIMY S.STILLWXLI.111 300 EAST ROOSEVELT
GARY L.TAYLOR P.O.sox 786
JOHN K GA BROW W H.EA'Tow. I LY-INOIS 607189
RR$SkJ.PECK TELE2 ISONE
TRAGY D,KASSON ESTABLISHED 1938 (630)661,!-8500
MARK W-DANIEL BERTRAM E.RATHJE(1900.1972) TELEFAac
JOHN X ZZMENAK JOHN S.WOODWARD(19 03.199o) (630)640.2218
MICK"L II.ALLEN ROBERT E.DYER(RETIRED) (4530)608-1350
OF OWNSEL
PETER A.2AMS
....,.April 23, 1998
Mr: Thomas Hawk
Director of Community Development
Village of Oakbrook
1200 flak Brook Road
Oakbrook, IL 60521
Ito; Petition for Disconnection of Annexed Territory
Dear Mr. Hawk:
Pursuant to our telephone conversation of several weeks ago I have,enclosed herewith the �
following materials pertaining to the above referenced matter:
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L One(I)executed original Petition for Disconnection of Annexed Territory;
2. Four(4)copies of 8' "x I I"drawing of the territory to be disconnected
("Disconnection Parcel"),and
3. Four(4) 11"x I7" copies of p' preliminary plat of subdivision which.nay
client will be submitting to the Village of Lombard,with the Disconnection Parcel
highlighted in yellow and identifying the surrounding property.
As discussed in our prior conversation,Homestead Village is under contract to acquire
certain property from Waste Management,Inc. and is negotiating to acquire the surface
development rights for certain property from Northern Illinois Gas Company,which property and
development rights will be utilized to establish the subdivision identified on the preliminary plat
enclosed herewith. All of the property identified on the preliminary plat is located in
unincorporated DuPage County, except for the Disconnection Parcel which is currently annexed
to the Village of Oakbrook. Homestead Village had initially contacted the Village of Oakbrook
with respect to the extension of Oakbrook water west of its existing terminus to service the
proposed development and was advised that the Village of Oakbrook does not desire to extend its
utilities further west. In addition,Homestead Village was advised by Carl Blomgren at the
Hinsdale Sanitary District that said sanitary district has no interest in serving the proposed
development and does not believe that the same is in the Hinsdale Sanitary District Facilities
Planning Area.
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Based upon the existing circumstances, we believe the proposed development should be
annexed to the Village of Lombai-1 and developed under its jurisdiction. The Disconnection
Parcel which we are proposing to disconnect from the Village of Oakbrook will be utilized fox
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W. Hawk
April 23, 1998
Page 2
surface level parking in conjunction with a hotel which is proposed to be constructed on the
parcel identified as]Lot 5 on the preliminary plat. To facilitate the inclusion of the Disconnection
Parcel«rithin the annexation and the planned unit development it is necessary for the same to be
disconnected from the corporate boundaries of the Village of Oakbrook. As indicated in the
Petition for Disconnection, we believe that all of the appropriate standards justifying
disconnection have been met and.such disconnection will not result in any injury to the interests of
the Village of Oakbrook.
The Petition for Disconnection has been executed and delivered by the Northern Illinois
Gas Company, at the request of Homestead V I&M in reliance upon the expectation that
Homestead Village will in fact acquire the fee title interest and surface level development rights
necessary i s e effectuate the proposed development, .Accordingly, the request of the Northern
Illinois Gas Company for said disconnection is conditioned upon Homestead Village obtaining,
annexation to and development approval from the Village of Lombard for the project. In the
event Homestead Village fails to obtain such approval and terminates its interest in the acquisition
of the surface development rights over the Disconnection Parcel,NiGas would prefer to leave said
parcel within the corporate boundaries of the Village of Oakbrook and the Petition for
Disconnection would be withdrawn.
In light of the foregoing, we are requesting that the Village of Oakbrook initiate the
appropriate procedures to review the eirlosed Petition for Disconnection and, if the Village is .
agreeable to the disconnection as requesters„approving said disconnection conditioned upon the
transfed of the surface development rights over the Disconnection Parcel from NiGas to
Homestead Village. Confirmation of that conveyance will be provided jointly by NiGas and
Homestead Village to the Village of Oakbrook.
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After you ha-vu had an opportunity to review the enclosed materials please contact me at
your earliest opportunity so that we may u1scuss the foregoing matter in greater detail. I kook
forward to hearing from you shortly.
Very truly yours,
RAT" ,;W06V'VV A`�RD, DYER Bit BURT
L-Henry S. Stillwell I
HSS:jlt
Enclosures
cc: Theresa Koehler(Senior Planner, Village of Lombard)
Dan Brown (liomestea.d Village)
Victor Mednansky (NiGas)
Robert Fitzsimmons(Mayer, Brown& Platt)
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STATE OF ILLINOIS
COUNTY OF DUPAGE
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To President and Board of Trustees
Village of Oakbrook, Illinois
PETITION FOR DISCONNECTION
OF ANMED M&RI ORS'
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The undersigned, as owner of record of the property legally described in Exhibit"A"
attached hereto("Subject Property„} and pursuant to Section Sn-34 of Chapter 65 of the Illinois
Compiled Statutes(1996 ed.), respectfully represents unto the President and'Village Board of I'
Village of Oakbrook, Illinois("Village")as follows I'
I. That the undersigned is the owner of record of the Subject Property.
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?_ That the Subject Property is currently located within and on the border of the
corporate boundaries of the Village.
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3. That all Village taxes or assessments clue on the Subject Property up to the date of
this Petition are fully paid, as set forth in the certificate of the DuPage+County
Clerk attached hereto as Exhibit"B
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4. That the disconnection of the Subject Property from the Village will not result in
(i)the isolation of any part of the Village from the remainder of the Village, (ii)the
disruption of the growth prospects and plan and zoning ordinance of the Village,
(iii)the disruption of existing municipal service facilities, or(iv)undue Karin to the
Village through loss of tax revenue in the future.
WIEREFORE, the undersigned prays as follows:
A. That the corporate authorities of the Village will hold such meetings as are requred
by lara.
B. That the Village duly adopt an ordinance disconnecting the Subject Property from
the incorporated boundaries of the Village.
Dated this day of her, , 1995,
NORTHERN ILLINOIS GAS COMPANI'
dfbla NICOR.GAS, an Illinois corporation
Title.
v � .✓
"t
7727�
STATE Of MLINOIS
) SS
COUNTY OF D. N�e �
1, the undersigned, a Notary Public in and forjoid County, the State aforesaid,DO
HEREBY CERTIFY that .C-11% y V+4 R pry,i A e ozl (Title),
of NOR[MRN I'
MLINOIS GAS C®MFANY d a.NICOR GAS an Illinois corporation who so.-personally
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known to me to be the same persona whose names aaesubscrc'bed to the foregoing instruments as
such 1i E S 1v7 ae^*.Y: Title) respectively, appeared
before me this day in person and acknowledged that they sighed and delivered the said instrument
as thek%wn free And voluntary act and as the free and voluntary act of said corporation for the
uses and purposes therein set forth;.
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GIVEN under my hand and Notarial Seat,this day of
^:'1998.
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Notary Pu lie
OOFFICIAL SEAL
VICTOR X. MEDNANSK"Y
OW
NmITAIRY FUBUC,STATE F I
S]
ES ot1 t MY COMMON EXPIRES 6
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rl"ll 777 7777177m
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LEGAL DESCRIPTION OF SUBJECT PROPERTY
THAT PART OF THE NORTHWEST QUARTER OF SECTION 28,TOWNSHIP 39 NORTH,RANGE 11,EAST
OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST QUARTER OF SAID SECTION 28;THENCE SOUTH 84 DEGREES
35MDt TIMS EAST,ALONG THE SOUM LINE OF SAID SECTION 28,A DISTANCE OF 91.95 FEET-,
THENCE NORTH 12 DEGREES 05*[II+TUTES,WEST ALONG THE WESTERLY LINE OF TRACT NO.2 OF
THE PLAT OF SURVEY OF THE BOEGER FARM SOUTH OF BUTTERFIELD ROAD,RECORDED AS
DOCUMENT NUMBER 789439,AND THE SAME EXTENDED,A DISTANCE OF 2722.70 FEET TO A
POINT IN THE NORTHERLY LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE HAJNoIS
STATE TOLL HIGHWAY COMNOSSION BY WARRANTY DEED DATED JUNE 24, 1958 AS DOC.UMIENT
NUMBER 886497;THENCE EASTERLY ALONG THE NORTHERLY LINE,SAID NORTHERLY LINE
FORMING AN ANGLE OF 73 DEGREES.47 MINUTES TO THE RIGHT OF THE LAST DESCRIBED
COURSE EXTENDED A DISTANCE OF 671.00 FEET To THE POINT OF BEGINNING;THENCE
NORTHERLY ALONG A LINE FORNWj AN ANGLE OF 91 DEGREES 42 MINUTES TO THE LEFT OF �I
THE LAST DESCRIBED COURSE EXTENDED A DISTANCE OF 82.54 FEET TO A POINT DISTANT 82.5
FEET NORTHERLY,MEASURED AT RIGHT ANGLES,OF THE TRACT OF LAND SO CONVEYED BY
DEED DATER JUNE 24, 1958;THENCE EASTERLY ALONG A LINE FORMING AN ANGLE Or 91
DEGREES 42 MINUTES TO THE RIGHT OF THE LAST DESCRIBED COURSE EXTENDED A DISTANCE
OF 4235 FEET;THENCE SOUTHEASTERLY ALONG A LINE FORMING AN ANGLE OF 51 DEGREES 40
I4iI1NU'I'{ES TO THE LAST DESCRIBER COURSE EXTENDED A DISTANCE OF 436.69 FEET TO A:POINT;
THENCE NORTHEASTERLY ALONG A LINE FORMING AN ANGLE OF 48 DEGREES 46 MINUTES TO �
THE LEFT OF THE LAST DESCRIBED COURSE EXTENDED FOR A DISTANCE OF 173.12 FEET,
THENCE SOUTHEASTERLY ALONG A LINE FORMING AN ANGLE OF 90 DEGREES 00 MINUTES TO
THE RIGHT OF THE LAST DESCRIBED COURSE EXUDED FOR A DISTANCE OF 82.73 FEET;
THENCE SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 90 DEGREES 00 MINUTES TO
THE RIGHT OF THE LAST DESCRIBED COURSE FORA DISTANCE OF 220.88 FEET TO A POINT';
THENCE NORTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 46 DEGREES 24 MINUTES TO
THE LAST DESCRIBED COURSE A DISTANCE OF 395.79 FEET TO A POINT;THENCE
NOIt. 'YETERLY ALONG A LINE FORMING AN ANGLE OF 39 DEGREES 18 MINUTES TO THE LAST j
DESCRIBED COURSE EXTENDED A DISTANCE OF 39.45 FEET TO THE POINT OF BEGINNING,IN
DUPAGE COUNTY,ILLINOIS.
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Jo. ii Lotus 14avac
DuPege County Collector
PO. Box
Wheaton, IL 64169-fl78T
o e271996 1996
REAL ESTATE TAX PAYMENT STATUS FOR PARCEL 06--2f3°163--013 '
1946 TAX 1ST tMSIALLt4ENT . .�1�.g7b; alt3 I�A1I1 05-!--31-J907 :�O 000
.J[3t4N L sA1lQVAK 1I10AGE CO. COLLECTOR.
TAX 2t4U INSTALLMENT *14j764.1 PAID 08-27°°1997 300 0 000
JOffN L.t4OVAK DUPAGE CCl. Gt31.t fFGY®i1
A NOTICE k 06-28-103-013 NRC
if L j ) #-etR t ra STALLITENT IS MARKED APA I n AS NORTHERN ILL I Not S GAS
'c,sUfJ lAXA OA R SOLDI , CONTACT DUPAGE COUNTY REAL ESTATE
CLERK A! 630-662-7033 FOR AN ESTIMATE of PO gox 190
t7£DFMVTl0N Afj0/0R STATUS QI TAX SALE , AURORA IL 60507
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