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R-1002 - 01/08/2008 - ANNEXATION - ResolutionsRESOLUTION 2008- AN- D- AG -EX1 -R -1002 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT PROVIDING FOR THE DISCONNECTION OF LAND FROM THE CITY OF OAKBROOK TERRACE AND THE ANNEXATION OF LAND TO THE VILLAGE OF OAK BROOK, DUPAGE AND COOK COUNTIES, ILLINOIS WHEREAS, Article VII, §10 of the Illinois Constitution of 1970 and the Intergovernmental Cooperation Act of the State of Illinois (5 ILCS 220/1, et seq.) authorize units of local government to contract or otherwise associate among themselves to exercise, combine or transfer any power or function, in any manner not prohibited by law; and to contract with any one or more other public agencies to perform any governmental service, activity or undertaking, or to combine, transfer or exercise any powers, functions, privileges or authority which any of the public agencies entering into the contract is authorized by law to perform; and WHEREAS, the City of Oakbrook Terrace (the "City ") is a home rule unit of local government under Article VII, §6 of the Illinois Constitution of 1970 and, except as limited by such Section, it may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the Village of Oak Brook (the "Village ") is a statutory municipality pursuant to 65 ILCS 5/1 -1 -1, et seq.; and WHEREAS, InSite Oak Brook Limited Partnership, an Illinois limited partnership (formerly known as Columbia Lisle Limited Partnership) ( "InSite ") is the record title owner of property legally described as follows: The North 1/2 of Lot 3 in Block 1 in Town Development Company's Elmhurst Countryside Unit Number Three, being a subdivision in the South East 1/4 of Section 22, Township 39 North, Range 11, East of the Third Principal Meridian, according to the Plat of said subdivision recorded November 13, 1945, as Document 487163, in DuPage Count, Illinois, PIN: 06 -22- 409 -003, commonly known at 1603 16 Street, Oak Brook, Illinois 60523 which is currently a part of the City ( "Parcel 1 "); and WHEREAS, InSite is also the record title owner of property legally described as follows: Lot 1 in Town and Country Resubdivision, being a resubdivision of Lots 1 and 2 in Block 1 in Town Development Company's Elmhurst Countryside Unit Number Three, being a subdivision in the South East 1/4 of Section 22, Township 39 North, Range 11, East of the Third Principal Meridian, according to the Plat of said subdivision recorded September 8, 1988 as Document R88- 101855, in DuPage County, Illinois, PIN: 06 -22- 409 -013, commonly known at 1603 16th Street, Oak Brook, Illinois 60523 which is currently a part of the Village ( "Parcel 2 "); and WHEREAS, Parcel 1 is unoccupied territory lying along the boundary line between two (2) adjoining municipalities, being the City and the Village and, pursuant to 65 ILCS 5/7 -1 -25, such territory may be excluded from one of the adjoining municipalities and annexed to the other adjoining municipality by adoption of an ordinance providing for exclusion of such territory by the excluding municipality, the City, and by adoption of an ordinance providing for annexation of such territory by the annexing municipality, the Village; and WHEREAS, In Site has obtained approval of a text amendment, sign variance and special use for a drive- through banking facility from the Village for Parcel 2 and, upon disconnection of Parcel 1 from the City and its annexation to the Village, all of the City's police powers with respect to Parcel 1 will be transferred to Resolution 2008- AN- D- AG -EX1 -R -1002 Approve Agmt. MOBT to Disconnect, Annex. re- InSite 1603 16th St., Oak Brook, IL 06 -22- 409 -003, 06 -22- 409 -013 Page 2 of 2 the Village, and all such approvals with respect to Parcel 2 shall apply to Parcel 1 as though it had been a part of the Village at the time of InSite's petition for such approvals to the Village; and WHEREAS, the City has determined to disconnect Parcel 1 from the City, and the Village has determined to annex Parcel 1 to the Village in accordance with the terms and conditions of an "Intergovernmental Agreement Providing for the Disconnection of Land from the City of Oakbrook Terrace and the Annexation of Land to the Village of Oak Brook, DuPage County, Illinois" (the "Agreement "), including InSite's recording of a new Restrictive Covenant, enforceable by the City, which is attached to the Agreement as Exhibit C, to assure that Parcel 1 will be used only for landscaping, a trash enclosure, setbacks and subsurface utilities, and will not be used for parking or buildings, 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 foregoing preambles are restated and incorporated herein by reference as though fully set forth herein. Section 2: The Agreement is hereby approved, and the President and Village Clerk are, respectively, authorized to execute and attest the Agreement in substantially the form attached hereto as Exhibit "A ". Section 3: All resolutions or parts of resolutions in conflict with the provisions of this resolution are hereby repealed to the extent of the conflict. Section 4: This resolution shall be in full force and effect from and after its passage and approval as provided by law. APPROVED this 8th day of January, 2008. Joli INTERGOVERNMENTAL AGREEMENT PROVIDING FOR THE DISCONNECTION OF LAND FROM THE CITY OF OAKBROOK TERRACE AND THE ANNEXATION OF LAND TO THE VILLAGE OF OAK BROOK, DUPAGE COUNTY ILLINOIS This Agreement is made and entered into this day of November, 2007, by and between the City of Oakbrook Terrace ( OAKBROOK TERRACE), a unit of local government located in DuPage County, the Village of Oak Brook (OAK BROOK), a unit of local government located in both DuPage and Cook Counties. WITNESSETH: WHEREAS, the Illinois Constitution of 1970 (ILLS Const. Art. 7, 10) and the Intergovernmental Cooperation Act of the State of Illinois (5 ILCS 220/1) encourage cooperation between units of local government for matters of mutual concern; and, WHEREAS, OAKBROOK TERRACE is a home rule municipality under ILCS Const. Art. 7, 6; and, WHEREAS, OAK BROOK is a statutory municipality under 65 ILCS 511-1-1, et seq.; and, D &R 11/08/07 WHEREAS, InSite Oak Brook Limited Partnership, an Illinois limited partnership (formerly known as Columbia Lisle Limited Partnership) (InSite) is the record title owner of property legally described as follows: The North 1/2 of Lot 3 in Block 1 in Town Development Company's Elmhurst Countryside Unit Number Three, being a subdivision in the South East 1/4 of Section 22, Township 39 North, Range 11, East of the Third Principal Meridian, according to the Plat of said subdivision recorded November 13, 1945 as Document 487163, in DuPage County, Illinois. (Parcel 1 — currently a part of OAKBROOK TERRACE); And also the record title owner of property legally described as follows: Lot 1 in Town and Country resubdivision, being a resubdivision of Lots 1 and 2 in Block 1 in Town Development Company's Elmhurst Countryside Unit Number Three, being a subdivision in the South East 1/4 of Section 22, Township 39 North, Range 11, East of the Third Principal Meridian, according to the Plat of said resubdivision recorded September 8, 1988 as Document R88- 101855, in DuPage County, Illinois. (Parcel 2 — currently a part of OAK BROOK); and, WHEREAS, Parcel 1 is unoccupied territory, lying along the boundary line between two (2) adjoining municipalities, being OAK BROOK and OAKBROOK TERRACE, and such territory may be excluded from one of the adjoining municipalities and annexed to the other adjoining municipality, by adoption of an ordinance providing for exclusion of such territory by the excluding municipality, OAKBROOK TERRACE, and by adoption of an ordinance providing for annexation of such territory by the annexing municipality, OAK BROOK; and, WHEREAS, OAKBROOK TERRACE has determined to disconnect Parcel 1 from OAKBROOK TERRACE and OAK BROOK has determined to annex Parcel 1 to OAK BROOK; and, D &R 11/08/07 2 WHEREAS, certain restrictive covenants were recorded against Parcel 1 for the benefit of OAK BROOK on September 8, 1988, under Document No. R88- 101856 (copy attached as Exhibit A); and, WHEREAS, InSite desires to develop a drive through banking facility on Parcel 1 and Parcel 2, and it is necessary and appropriate to have Parcel 1 and Parcel 2 unified under a single municipal zoning jurisdiction; and, WHEREAS, with the disconnection from OAKBROOK TERRACE and the annexation to OAK BROOK, the Illinois Municipal Code (65 ILCS 511 -1, et seq.) provides OAK BROOK with full police power control over Parcel 1, and the need for the 1988 Restrictive Covenant expires; and, WHEREAS, OAKBROOK TERRACE will transfer police power control to OAK BROOK upon disconnection and annexation of Parcel 1; therefore OAKBROOK TERRACE is requesting the recordation of a new 2007 Restrictive Covenant enforceable by OAKBROOK TERRACE, to assure that Parcel 1 will be used for landscaping, trash enclosure, setbacks, and subsurface utilities and a retaining wall only, and will not be used for parking or buildings. NOW THEREFORE, in consideration of the foregoing and the mutual covenants and Agreements as hereinafter set forth, OAKBROOK TERRACE and OAK BROOK agree as follows: 1. OAKBROOK TERRACE, pursuant to 65 ILCS 5/7 -1 -25 agrees to adopt an ordinance to disconnect Parcel 1 from OAKBROOK TERRACE, and it shall do so within no more than sixty (60) days after both parties have executed this Agreement. D &R 11/08/07 3 2. OAK BROOK, pursuant to 65 ILCS 5/7 -1 -25, agrees to adopt an ordinance to annex Parcel 1 to OAK BROOK, and it shall do so within no more than sixty -one (6 1) days after both parties have executed this Agreement. 3. OAK BROOK agrees to vacate and abandon the 1988 Restrictive Covenant to Parcel 1 by recording the Consent to the Vacation of Restrictive Covenant (copy attached as Exhibit B) and it shall do so within no more than sixty (60) days after both parties have executed this Agreement. 4. InSite agrees to record a new 2007 Restrictive Covenant in favor of OAKBROOK TERRACE, in the form attached hereto and made a part hereof as Exhibit C, and it shall do so within no more than sixty (60) days after both parties have executed this Agreement. 5. OAK BROOK has completed full processing of InSite's Petition for a Text Amendment (Ordinance No. G -835), Petition for a Sign Variance (Ordinance No. 5- 1195), Petition for a Special Use for a Drive Through Banking Facility (Ordinance No. S- 1208), and Petition for a Set Back Variation (Ordinance No. 5- 1209), upon recording of the Plat of Annexation for Parcel 1, all such approvals shall apply to Parcel 1 as though Parcel 1 had been part of OAK BROOK when said Petitions were filed. D &R 11/08/07 4 MISCELLANEOUS TERMS 6. Notices. Any and all notices required hereunder to be sent to OAKBROOK TERRACE shall be served in writing by U.S. Mail or confirmed facsimile, to the City Administrator of OAKBROOK TERRACE at the following address: City Administrator City of Oakbrook Terrace 17W275 Butterfield Road Oakbrook Terrace, Illinois 60181 Facsimile: (630) 941 -7254 or by personal delivery of any such notice to the Administrative Offices of OAKBROOK TERRACE at such address during its regular business hours. Any and all notices required hereunder to be sent to the OAK BROOK shall be served in writing by U.S. Mail or confirmed facsimile, to the Village Manager of OAK BROOK at the following address: Village Manager Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 Facsimile: (630) 368 -5045 or by personal delivery of any such notice to the Administrative Offices of OAK BROOK at such address during its regular business hours. All mailed notices shall be deemed effective four (4) days following their deposit in the U.S. Mail, postage prepaid, to the addressee. D &R 11/08/07 5 7. Savings Clause. It is mutually understood and agreed that all agreements and covenants herein are severable and that in the event any of them shall be held to be invalid by any court of competent jurisdiction, this Agreement shall be interpreted as if such an invalid agreement or covenant was not contained therein. 8. Default. In the event that OAKBROOK TERRACE or OAK BROOK defaults in faithfully performing its obligations hereunder, the non- defaulting party must give notice to the defaulting party of such default in writing. In the event that such default continues for a period of ten (10) days following service of the notice, without correction, the non - defaulting party may take such legal or equitable action as may be available. 9. Modifications. The agreements, covenants, terms, and conditions herein contained may be modified only through the written mutual consent of all parties hereto. 10. Benefits Solely for the Parties. This Agreement is intended solely for the benefit of the parties hereto, and nothing herein shall be construed, either expressly or implied, to extend rights or obligations in favor of any other person. 11. Fees. OAK BROOK agrees to waive any annexation fees associated with these transactions. 12. Costs. InSite agrees to pay all reasonable attorney fees incurred by OAKBROOK TERRACE associated with preparing the plat of disconnection. D &R 11/08/07 6 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. City of Oakbrook Terrace DuPage County, Illinois By: Its Mayor Attest: Its City Clerk D &R 11/08/07 7 Village of Oak Brook DuPage and Cook County, Illinois Iii 0 Its Village Clerk �0 } 2� 44 STATE OF ILLINOIS SS. COUNTY OF DUPAGE I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that - z , Mayor of the City of Oakbrook Terrace, and City Clerk of aforesaid City, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such Mayor and City Clerk, respectively appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act and as a free and voluntary act of the City, for the uses and purposes therein set forth; and said City Clerk then and there acknowledged that he /she, as custodian of the corporate seal of said City, did affix the corporate seal of said City to said instrument, as his/her own free and voluntary act and as the free and voluntary act of the City, for uses and purposes herein set forth. Given under my hand and Notarial Seal this day ofaia..�- z�-t.- , 2007. OFFICIAL SEAL L JANICE J COGLIANESE_ - �-- NOTARY PUBLIC - STATE OF ILLINOIS Nota Public MY COMMISSION EXPIRES:01 /14110 D &R 11/08/07 8 STATE OF ILLINOIS SS. COUNTY OF DUPAGE I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that ':So NN W - CoiC— , President of the Village of Oak Brook, and C.44A2.L&m-4- k. P2u•sS , Village Clerk of aforesaid Village, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such President and Village Clerk, respectively appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act and as a free and voluntary act of the Village, for the uses and purposes therein set forth; and said Village Clerk then and there acknowledged that he /she, as custodian of the corporate seal of said Village, did affix the corporate seal of said Village to said instrument, as his/her own free and voluntary act and as the free and voluntary act of the Village, for uses and purposes herein set forth. Given under my hand and Notarial Seal this P?N> day of ::J A"v, &Y , 200$. ��EII`$��`�•'Yu°eY E "OFFICIAL SERosemary A. Notary Punli.•, state of My CornaJ; lion Exo.12 THIS INSTRUMENT PREPARED BY AND RETURN TO: Scott M. Day DAY & ROBERT, P.C. 300 E. Fifth Avenue, Suite 365 Naperville, IL 60563 D &R 11/08/07 9 Notary Put& Exhibit A D &R 11/08/07 10 UNOFFICIAL COPY COVENANT (TOWN & COUNTRY:S.IY. CORNER 16TH STREET ROUTE 83) This Covenant is made this : . %`"- day of �'�� 1 , 1988, by HARRIS BANK HINSDALE, Trustee, pursuant to Trust Agreement No. L -1787 dated December 10, 1987, and recorded on February 3, 1988, as Document No. RBB- 011821 (hereinafter referred to as "Trustee "). WITNESSETH: WHEREAS, Trustee is the owner of record of the real estate in DuPa a County, Illinois, which is legally described as �o g -U:,) >�-: follows: r' 1.7 -- LOTS 1 AND 2 AND THE NORTH 1/2 OF LOT 3 IN BLOCK 1 IN TOWN DEVELOPMENT COMPANY'S ELMHURST COUNTRYSIDE UNIT NUMBER THREE, BEING A SUBDIVISION IN THE SOUTH EAST 1/4 OF SECTION 22, TOWNSHIP 39 NORTH, RANGE 11, EAST of THE --� THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 13, 1945, AS DOCUMENT 487163, IN DUPAGE COUNTY, ILLINOIS; PERMANENT PARCEL NO'S. 06 -22- 409 -001, 06 -22- 409 -002 AND 06 -22- 409 -003. LOTS 1 AND 2 THEREOF ALSO BEING KNOWN AS LOT 1 OF TOWN AND COUNTRY RESUBDIVISION ACCORDING TO THE PLAT THEREOF r•• �� RECORDED �� =:.-cam , 19881 AS DOCUMENT NO. �PSS - /o/ SS.S , IN THE VILLAGE OF OAK PARK, DUPAGE COUNTY, ILLINOIS. consisting of three lots (hereinafter referred to as "Subject == f•+ Property"). WHEREAS, the Board of Trustees of the Village of Oak Brook on May 10, 1988, passed and approved Ordinance No. S -634 granting- certain zoning variations applicable to the Subject Property on the condition, among others, that the owners of the Subject Property subject it to a certain covenant running with the land; I, and WHEREAS, Trustee desires to meet and satisfy the aforesaid condition of Ordinance No. S -634 of the Village of Oak Brook. c� � j UNOFFICIAL COPY NOW, THEREFORE, Trustee, for itself, its successors and assigns and future holders of title to the Subject Property, does hereby agree and covenant as- follows: I. The burden of the covenants herein shall run with the land (the Subject Property) unless and until the Village of Oak Brook shall, by recorded'document, consent'to -ny modification or elimination of the restrictions and covenants described herein. 2. Absent prior approval of the Village of Oak Brook, none of the three lots which constitute the Subject Property shall be sold, transferred or otherwise conveyed except as part of a simultaneous sale, transfer or conveyance of each of the three lots so that all of the Subject Property shall at all times remain under common ownership. a' co 3. The provisions of this Covenant shall be enforceable in a court of law or equity by the Village of Oak Brook, and Trustee ° agrees that an injunction, issued by a court having jurisdiction, co Cn rn against violations hereof is an appropriate method of. enforcing this Covenant. 4. Every person accepting a deed to or other interest with, respect to the Subject Property shall be deemed to accept such deed or other interest with the understanding that they are bound by the provisions contained herein, and every person accepting � such deed or interest thereby consents and agrees to be bound by the covenants contained herein to the same extent as though they had signed this instrument. 5. If any of the foregoing covenants shall be held invalid or unenforceable, such holding shall not impair the validity or 2 UNOFFICIAL COPY otherwise affect the remaining covenants which shall remain in full force and effect. IN WITNESS WHEREOF, Trustee has executed this instrument on the date first above written. Attest: Asst. Land 7r is Oaf{ Affix Corporate Seal Here STA'T'E OF ILLINOIS ) DuPage ) SS COUNTY OF XKUXWK ) HARRIS BANK HINSDALE, TRUSTEE By: ,.�-� f� Title: Assistant Vice Pre%X. A 0 V, I , the undersigned , a Notary Public in and for • the County and State aforesaid, DO HEREBY CERTIFY, that Asst. , Vice President of Harris Bank Hinsdale, N.A., and Georgianna DeMory, Asst. Land Trust Officer thereof, personally known to me to the be same persons whose names are subscribed to'the foregoing instrument as such Asst. dice President and Asst.LED respectively, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act, and as the free and voluntary act of said Bank, for the uses and purposes therein set forth; and the said Asst. LTO did also then and there acknowledge that he as custodian of the corporate seal of said Bank did affix the said 'corporate seal of said Bank to said instrument as his own free and voluntary act, and as the free and voluntary act of said Bank for the uses and purposes therein set forth. .. 40 .r GIVEN under my hand and Notarial Seal this August . 1988. ' 4^ "OFFICIAL SEAT Approved as to Formes ZEou+Atb �csuAVS _rb o 0- o. 5 -G. 3y oc -ra�E �V 1 c.tA GE o F C A'��f io0 1� Village Attorney for Village of Oak Brook L ly t 12oa p t My Commission Expires 10117189 j �TT 'IV `i/Y.Ygv v"r VT`I`ri This document is made by the HARRIS BANK Hinsdale as Trustee and accepted upon the express under- standing that the HARRIS BANK Hinsdale enters Into the same not personally, but only as Trustee and that no personal liability is assumed by nor shall be asserted or enforced againsi the HARRIS BANK Hinsdale be- cause of or on account of the making or executing this document or of anything therein contained, all 3 such liability, ii any being expressly waived, nor shall the HARRIS BANK Hinsdale be field personally liable upon or in consequence of any of the covenants of this document, elther expressed, or implied. Exhibit B D &R 11/08/07 11 CONSENT TO THE VACATION OF RESTRICTIVE COVENANT This consent to the vacation of restrictive covenant is made this day of , 2007) by the Village of Oak Brook ( "OAK BROOK "). WITNESSETH: WHEREAS, OAK BROOK is the Beneficiary of a Restrictive Covenant over real estate in DuPage County, Illinois, which is legally described as follows: The North '/z of Lot 3 in Block 1 in Town Development Company's Elmhurst Countyside Unit Number Three, being a subdivision in the South East '/ of Section 22, Township 39 North, Range 11, East of the Third Principal Meridian, according to the Plat of said subdivision recorded November 13, 1988 as Document 487163, in DuPage County, Illinois; Permanent Parcel Numbers 06 -22- 409 -001, 06 -22- 409 -002, and 06 -22- 409 -003. (hereinafter referred to as "SUBJECT PROPERTY "); and, WHEREAS, OAK BROOK is a statutory municipality under 65 ILCS 5/1 -1 -1, et seq.; WHEREAS, on August 25 1988, a restrictive covenant was recorded against the Subject Property under Document #R88- 101856, related to variations granted by OAK BROOK ( 111988 COVENANT "); and, WHEREAS, Section 1 of the 1988 Covenant gives OAK BROOK authority to consent to modification or elimination of the 1988 Covenant; and, WHEREAS, the SUBJECT PROPERTY has been disconnected from the City of Oakbrook Terrace and annexed to OAK BROOK pursuant to an Intergovernmental Agreement dated , 2007, and OAK BROOK Ordinance No. , and City of Oakbrook Terrace Ordinance No. ; and D &R 11/07/07 WHEREAS, the SUBJECT PROPERTY is now subject to the police power of OAK BROOK and the need for the 1988 COVENANT has expired; and, WHEREAS, the Village Board of Trustees of OAK BROOK has determined that vacation of the 1988 COVENANT is in the best interest of OAK BROOK; and, WHEREAS, the Village Board of Trustees of OAK BROOK has authorized the Village Manager.to record a consent to the vacation of the 1988 COVENANT dated August 25, 1988. NOW, THEREFORE, OAK BROOK, for itself, and the successors and assigns and future holders of title to the Subject Property, does hereby consent to the vacation and elimination of the 1988 COVENANT dated August 25, 1988 and releases and abandons all rights there under. Village of Oak Brook DuPage and Cook ounty, Illinois By: Its President Attest: Its Village Clerk 2 +r, Q, { Sp, r D &R 11/07/07 STATE OF ILLINOIS SS. COUNTY OF DUPAGE I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that " Gy. CgAi , President of the Village of Oak Brook, and Cam. otwjrre, Press , Village Clerk of aforesaid Village, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such President and Village Clerk, respectively appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act and as a free and voluntary act of the Village, for the uses and purposes therein set forth; and said Village Clerk then and there acknowledged that he /she, as custodian of the corporate seal of said Village, did affix the corporate seal of said Village to said instrument, as his/her own free and voluntary act and as the free and voluntary act of the Village, for uses and purposes herein set forth. Given under my hand and Notarial Seal this . —U&ev, day of —J#JNC,� , 2005. "OFFICIAL �`F�::ALoo Rosemn i u-v A. Kane NoLani P uNic. State of imnois My f;oAl'I'MY :r,;s Exp. 12/09/2009 THIS INSTRUMENT PREPARED BY AND RETURN TO: Scott M. Day DAY & ROBERT, P.C. 300 E. Fifth Avenue, Suite 365 Naperville, Illinois 60563 D &R 11/07/07 D 'Ali tart' Public 0 Exhibit C D &R 11/08/07 12 NOTE See also: Resolution R- 1002 /Support Data File And Annexation File/Insite Oak Brook Limited Partnership Rte. 83 and 16th Street And Agreement (Intergovernmental) File (between): Oakbrook Terrace City & Village of Oak Brook Disconnection of Land from Oakbrook Terrace Annexation of Land to Village of Oak Brook And Ordinance 5 -1221 Per Village Attorney Mark Sterk, there was no need to record R -1002 with updated information as the signed and recorded Intergovernmental Agreement (R2008- 019368) has all updated information in it. This IGA, along with the following list of related documents, were all recorded by the City of Oakbrook Terrace on February 6, 2008. Oakbrook Terrace's Resolution No. R07 -20 (R2008- 019367) Intergovernmental Agreement Between OBT & VOB (R2008- 019368) Oakbrook Terrace's Ordinance No. R07 -20 (R2008- 019369) Oak Brook's Consent Vacation Restrictive Covenant (R2008- 019370) Oak Brook Terrace's Restrictive Covenant (R2008- 019371) Certified copies of these recorded documents were provided to the Village of Oak Brook for its Official Annexation File.