S-1293 - 09/28/2010 - ZONING - Ordinances FRED �B
DUPAGE COUNTY R RECORDER
FEB.01,2011 9:04 AM
OTHER 06-28-104-009
009 PAGES 82011 - 016729
(Above Space For Recorder's Office Only)
VILLAGE OF OAK BROOK
1200 Oak Brook Road
Oak Brook, IL 60523-2255
RECORDED DOCUMENT TITLE PAGE
Title of Document: AN ORDINANCE APPROVING A SPECIAL USE TO ALLOW
OLIVET NAZARENE UNIVERSITY TO OPERATE A NON RESIDENTIAL SCHOOL ON THE
PROPERTY COMMONLY KNOWN AS 2809 BUTTERFIELD ROAD IN THE VILLAGE OF OAK
BROOK, ILLINOIS
Property Address/es 2809 Butterfield Road In The Village Of Oak Brook, Illinois 60523
Office park consisting of: 2707, 2803, 2805 and 2809 Butterfield Road
If vacant land, so state and list nearest cross streets)
PIN No(s). 06-28-104-009 (Lot 1) and 06-28-202-020 (Lot 2)
Name and Address of Applicant: Olivet Nazarene University
200 West Madison Street, Suite 3300, Chicago, IL 60606
Name and Address of Responsible: R. Michael Shehorn, Olivet Nazarene University
One University Avenue, Bourbonnais, IL 60917
Party to Receive Copy of Same as above
Recorded Document and Billing
G/L Account to be charged: 10-1365
Prepared By and Return to: Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523-2255
Name &Address of Recipient N/A
of Consideration (when applicabl
G/L Account to be charged:
ORDINANCE 2010- ZO- SU -EX1 -S -1293
AN ORDINANCE GRANTING A SPECIAL USE TO ALLOW
OLIVET NAZARENE UNIVERSITY TO OPERATE A NONRESIDENTIAL SCHOOL
AT 2809 BUTTERFIELD ROAD IN THE VILLAGE OF OAK BROOK
(PIN: 06 -28 -104 -009 and 06 -28- 202 -020)
WHEREAS, an application has been filed by Inland Oak Brook International Office Center
requesting a special use on behalf of Olivet Nazarene University ( 'Petitioner') to operate a nonresidential
school at 2809 Butterfield Road, Oak Brook, Illinois ( "Property'); and
WHEREAS, at its meeting on August 16, 2010 the Plan Commission reviewed the requested
special use; and
WHEREAS, on September 20, 2010, the Zoning Board of Appeals conducted a public hearing on
the requested special use pursuant to due and appropriate legal notice; and
WHEREAS, the Plan Commission and the Zoning Board of Appeals recommended approval of
the requested special use; and
WHEREAS, the Zoning Board of Appeals found that the Petitioner satisfactorily addressed the
factors required for approval of the requested special use and made specific findings, including that the
special use would be operated so that the public health, safety and welfare will be protected, and that
there will be no substantial injury to other property in the neighborhood; and
WHEREAS, the President and Board of Trustees have reviewed the recommendations of the
Plan Commission and the Zoning Board of Appeals and deem the special use, as set forth below, to be in
the best interests of the Village.
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 Petitioner is hereby granted a special use to allow Olivet Nazarene University to
operate a nonresidential school subject to the following conditions:
A. Olivet Nazarene University shall occupy approximately 10,000 square feet of space located
at the Property in substantial conformance with the plans as submitted.
B. The Petitioner shall comply with all applicable rules and ordinances of the Village.
C. The twenty percent (20 %) requirement contained in the definition of "Schools, nonresidential,
post baccalaureate" in Section 13 -10A -2 of the Zoning Ordinance is waived.
Section 3: The special use and the scope of this ordinance is limited to the Property, which is
legally described in Exhibit "1" attached hereto and incorporated herein by reference.
Section 4: If any section, paragraph, clause or provision of this ordinance shall be held invalid,
the invalidity thereof shall not affect any of the other provisions of this ordinance.
Ordinance 2010- ZO- SU -EX1S -1293
Olivet Nazarene — 2809 Butterfield Road
Special Use — Non - residential School
Page 2 of 4
Section 5: All ordinances or parts thereof in conflict with the provisions of this ordinance are
hereby repealed to the extent of such conflict.
Section 6: This ordinance shall be in full force and effect from and after its passage, approval
and publication as required by law.
APPROVED THIS 28" day of September
PASSED THIS 28° day of September, 2t, v.
Ayes: Trustees Aktipis, Carson, Moy, Wolin and Zannis
None
Absent: Trustee Saived
ATTEST:
Charlotte K. Pruss
Village Clerk
Ordinance 2010- ZOSU -EX1S -1293
Olivet Nazarene — 2809 Butterfield Road
Special Use — Non - residential School
Page 3 of 4
EXHIBIT "1"
LEGAL DESCRIPTION
Parcel 1: Lots 1 and 2 in the subdivision of Lot 2 in Oak Brook International Office Center Subdivision,
being a subdivision of part of the North 1/2 of Section 28, Township 39 North, Range 11, East of the Third
Principal Meridian, according to the plat recorded as Document Number R76 -78775 in DuPage County,
Illinois
Parcel 2: Perpetual easement for the benefit of a portion of Lot 2, Parcel 1, lying East of the following
described line: Beginning at a point on the Southeasterly most corner of Lot 2 of said subdivision of Lot 2
in Oak Brook International Office Center Subdivision; thence South 65 degrees 27 minutes 37 seconds
West along the Southeasterly line of said Lot 2 of the subdivision of Lot 2 in Oak Brook International
Office Center Subdivision for a distance of 398.41 feet; thence North 27 degrees 04 minutes 28 seconds
West for a distance of 410.90 feet; thence South 54 degrees 55 minutes 07 seconds West for a distance
of 125.02 feet to the Southeast corner of Lot 1 in said subdivision of Lot 2 in Oak Brook International
Office Center Subdivision; thence North 26 degrees 44 minutes 28 seconds West along the Northeasterly
line of said Lot 1 for a distance of 407.00 feet to a point on the Southeasterly right of way line of
Butterfield Road, said point being also on the North most Northwesterly corner of said Lot 2 of subdivision
of Lot 2 in Oak Brook Intemational Office Center Subdivision for termination of said line, to enter upon the
following described real estate together with the right of free access to and use thereof for landscaping
purposes and together with the right of free access to and use of the surface thereof for construction,
reconstruction, maintenance, repair and use of service and private drives and areas for parking of
vehicles including the paving and improving of such surface areas for said purposes and for no other
purposes, as created by an Instrument recorded on January 19, 1961, in DuPage County, Illinois, as
Document 993993, and Assignment recorded as Document R67 -9069 and auth011zation recorded as
Document R73 -62108, over the following described real estate:
That part of the Northern Illinois Gas Company right of way, as shown on the Northern Illinois Gas
Company York Township Assessment Plat Number 1 showing right of way of Northern Illinois Gas
Company through part of Sections 31, 30, 29, 28, 27, 26 and 25 in Township 39 North, Range 11, East of
the Third Principal Meridian, in DuPage County, Illinois, recorded as Document Number R64- 28042, in
the Recorder's Office of DuPage County, Illinois, more particularly described as follows:
Beginning at a point on the Southeasterly comer of Lot 2 in the subdivision of Lot 2 in Oak Brook
International Office Center Subdivision being a subdivision in part of the North 1/2 of Section 28,
Township 39 North, Range 11, East of the Third Principal Meridian, in DuPage County, Illinois, recorded
as Document Number R76 -78775 in the Recorder's Office of DuPage County, Illinois, said point being
also on the Northwesterly line of said Northern Illinois Gas Company right of way; thence South 24
degrees 32 minutes 23 seconds East along the prolongation of the Northeasterly line of Lot 2 in said
subdivision of Lot 2 in Oak Brook International Office Center Subdivision for a distance of 82.50 feet to
the Southeasterly line of said Northern Illinois Gas Company right of way; thence South 65 degrees 27
minutes 37 seconds West'along said Southeasterly line of the Northern Illinois Gas Company right of way
for a distance of 457.82 feet; thence North 27 degrees 04 minutes 28 seconds West along a line for a
distance of 82.58 feet to a point on said Northwesterly right of way line of the Northern Illinois Gas
Company right of way, said point being also on the Southeasterly line of said Lot 2 in the subdivision of
Lot 2 in Oak Brook International Office Center Subdivision; thence North 65 degrees 27 minutes 37
seconds East along said Northwesterly right of way line of the Northern Illinois Gas Company right of way
being said Southeasterly line of Lot 2 in the subdivision of Lot 2 in Oak Brook International Office Center
Subdivision for a distance of 461.47 feet to said point of beginning.
Parcel 3: A perpetual easement for the benefit of a portion of Lot 2, Parcel 1, lying West of the following
described line: beginning at a point on the Southeasterly most comer of Lot 2 of said subdivision of Lot 2
in Oak Brook Intemational Office Center Subdivision; thence South 65 degrees 27 minutes 37 seconds
Ordinance 2010- ZO- SU -EXI -S -1293
Olivet Nazarene — 2809 Butterfield Road
Special Use —Non- residential School
Page 4 of 4
West along the Southeasterly line of said Lot 2 of the subdivision of Lot 2 in Oak Brook International
Office Center Subdivision, for a distance of 398.41 feet; thence North 27 degrees 04 minutes 28 seconds
West for a distance of 410.90 feet; thence South 54 degrees 55 minutes 07 seconds West for a distance
of 125.02 feet to the Southeast comer of Lot 1 in said subdivision of Lot 2 in Oak Brook International
Office Center Subdivision; thence North 26 degrees 44 minutes 28 seconds West along the Northeasterly
line of said Lot 1 for a distance of 407.00 feet to a point on the Southeasterly right of way line of
Butterfield Road, said point being also on the North most Northwesterly comer of said Lot 2 of subdivision
of Lot 2 in Oak Brook International Office Center Subdivision for the termination of said line, together with
the right of free access to and use thereof for landscaping purposes and together with the right of free
access to and use of the surface thereof for construction, reconstruction, maintenance, repair and use of
service and private drives and areas for parking of vehicles including the paving and improving of such
surface areas for said purposes and for no other purposes, as created by an Instrument recorded on
January 19, 1961, in DuPage County, Illinois, as Document 993993, and Assignment recorded as
Document R67 -9069 and authorization recorded as Document R73- 62108, the following described real
estate:
That part of the Northern Illinois Gas Company right of way, as shown on the Northern Illinois Gas
Company York Township Assessment Plat Number 1 showing right of way of Northern Illinois Gas
Company through part of Sections 31, 30, 29, 28, 27, 26 and 25 in Township 39 North, Range 11, East of
the Third Principal Meridian, in DuPage County, Illinois, recorded as Document Number R64 -28042 in the
Recorder's Office of DuPage County, Illinois, more particularly described as follows: Commencing at a
point on the Southeasterly comer of Lot 2 in the subdivision of Lot 2 in Oak Brook International Office
Center Subdivision being a subdivision in part of the North 1/2 of Section 28, Township 39 North, Range
11, East of the Third Principal Meridian, in DuPage County, Illinois Recorded as Document R76 -78775 in
the Recorder's Office in DuPage County, Illinois; said point being also on the Northwesterly line of said
Northern Illinois Gas Company right of way; thence South 24 degrees 32 minutes 23 seconds East along
the prolongation of the Northeasterly line of Lot 2 in said subdivision of Lot 2 in Oak Brook International
Office Center Subdivision for a distance of 82.50 feet to the Southeasterly line of said Northern Illinois
Gas Company right of way; thence South 65 degrees 27 minutes 37 seconds West along said
Southeasterly line of the Northern Illinois Gas Company right of way for a distance of 457.82 feet to the
point of beginning; thence continuing South 65 degrees 27 minutes 37 seconds West along the last
described line for a distance of 560.85 feet; thence North 26 degrees 44 minutes 28 seconds West for a
distance of 82.56 feet to a point on said Northwesterly line of the Northern Illinois Gas Company right of
way; said point being also on the Southeasterly line of said Lot 2 in the subdivision of Lot 2 in Oak Brook
International Office Center Subdivision; thence North 65 degrees 27 minutes 37 seconds East along said
Northwesterly line of the Northern Illinois Gas Company right of way being said Southeasterly line of Lot 2
in the subdivision of Lot 2 in Oak Brook International Office Center Subdivision, for a distance of 560.37
feet; thence South 27 degrees 04 minutes 28 seconds East for a distance of 82.58 feet to said point of
beginning.
Parcel 4: Easement for the benefit of Parcel 1, as created by Declaration and Grant of Easements
made by LaSalle National, as trustee under Trust Agreement dated November 3, 1971 and known as
Trust Number 43529; La Salle National Bank, as Trustee under Trust Agreement dated September 4,
1973 and known as Trust Number 46570; and LaSalle National Bank, as Trustee under Trust Agreement
dated December 27, 1976 and known as Trust No. 51894, dated May 27, 1977 and recorded on
November 1, 1977 as Document R77- 100235 over and upon all driveways as identified in said grant of
easements on the land described as follows:
Lot 1 in Oak Brook International Office Center Subdivision of part of the North 1/2 of Section 28,
Township 39 North, Range 11, East of the Third Principal Meridian, according to the Plat thereof recorded
January 3, 1972 as Document R72- 00004, in DuPage County, Illinois.
Permanent Index No: 06 -28 -104 -009 and 06- 28- 202 -020
The subject property is located at 2809 Butterfield Road, in Oak Brook, Illinois
Subject Property Verification
(Complete a separate form for each P,I.N.)
1. Permanent Index Number(P.I.N, from Real Estate Tax Bill): 06
28 202 020
2. Common Address: 2809 Butterfield Road, Oak Brook IL 60523
3. Type the Complete Legal Description Below. (Attach a separate page if longer than the area provided)
4. Email the Legal Description to gpolenekaoak-brook.orq
Attached
The Permanent Index Number, Common Address and Legal information provided has been verified as follows:
DuPage County Records/Research Room: (630-682-7398) Contact Person: 07n12-10
Date called:
I verify that the information provided above is accurate.
Alan P. Kremin Q:A AeiLv�
Printed Name Authorized Agent
Relationship to Applicant, ---
DO NOT WRITE IN THIS SPACE-FOR OFFICE USE ONLY
Legal Description Review
Corrections Required Yes - No
'Date
Approved By:
Varlatlon Packet-2/4/2008
EXHIBIT "A"
Legal Description
Property Address: 2707, 2803, 2805 and 2809 Butterfield Road
Oak Brook,Illinois
Permanent Index No.: 06-28-104-009 (Lot 1)
06-28-202-020 (Lot 2)
Parcel 1: Lots 1 and 2 in the subdivision of Lot 2 in Oak Brook International Office Center
Subdivision,being a subdivision of part of the North 1/2 of Section 28,Township 39 North,Range 11,
East of the Third Principal Meridian, according-to-the-plat-recorded as Document-Number-R76=78775-in
DuPage County,Illinois.
Parcel 2: Perpetual easement for the benefit of a portion of Lot 2,Parcel 1, lying East of the
following described line: Beginning at a point on the Southeasterly most corner of Lot 2 of said
subdivision of Lot 2 in Oak Brook International Office Center Subdivision; thence South 65 degrees 27
minutes 37 seconds West along the Southeasterly line of said Lot 2 of the subdivision of Lot 2 in Oak
Brook International Office Center Subdivision for a distance of 398.41 feet; thence North 27 degrees 04
minutes 28 seconds West for a distance of 410.90 feet;thence South 54 degrees 55 minutes 07 seconds
West for a distance of 125.02 feet to the Southeast corner of Lot 1 in said subdivision of Lot 2 in Oak
Brook International Office Center Subdivision; thence North 26 degrees 44 minutes 28 seconds West
along the Northeasterly line of said Lot 1 for a distance of 407.00 feet to a point on the Southeasterly
right of way line of Butterfield Road, said point being also on the North most Northwesterly corner of
said Lot 2 of subdivision of Lot 2 in Oak Brook International Office Center Subdivision for termination
of said line, to enter upon the following described real estate together with the right of free access to and
use thereof for landscaping purposes and together with the right of free access to and use of the surface
thereof for construction,reconstruction,maintenance,repair and use of service and private drives and
areas for parking of vehicles including the paving and improving of such surface areas for said purposes
and for no other purposes, as created by an Instrument recorded on January 19, 1961,in DuPage County,
Illinois, as Document 993993, and Assignment recorded as Document R67-9069 and authorization
recorded as Document R73-62108, over the following described real estate:
That part of the Northern Illinois Gas Company right of way, as shown on the Northern Illinois Gas
Company York Township Assessment Plat Number 1 showing right of way of Northern Illinois Gas
Company through part of Sections 31, 30, 29, 28,27, 26 and 25 in Township 39 North,Range 11,East
of the Third Principal Meridian,in DuPage County,Illinois, recorded as Document Number R64-28042,
in the Recorder's Office of DuPage County,Illinois, more particularly described as follows:
Beginning at a point on the Southeasterly comer of Lot 2 in the subdivision of Lot 2 in Oak Brook
International Office Center Subdivision being a subdivision in part of the North 1/2 of Section 28,
Township 39 North,Range 11,East of the Third Principal Meridian, in DuPage County,Illinois,
recorded as Document Number R76-78775 in the Recorder's Office of DuPage County,Illinois, said
point being also on the Northwesterly line of said Northern Illinois Gas Company right of way;thence
South 24 degrees 32 minutes 23 seconds East along the prolongation of the Northeasterly line of Lot 2 in
said subdivision of Lot 2 in Oak Brook International Office Center Subdivision for a distance of 82.50
feet to the Southeasterly line of said Northern Illinois Gas Company right of way; thence South 65
degrees 27 minutes 37 seconds West,along said Southeasterly line of the Northern Illinois Gas Company
right of way for a distance of 457.82 feet; thence North 27 degrees 04 minutes 28 seconds West along a
line for a distance of 82.58 feet to a point on said Northwesterly right of way line of the Northern Illinois
Gas Company right of way, said point being also on the Southeasterly line of said Lot 2 in the
subdivision of Lot 2 in Oak Brook International Office Center Subdivision; thence North 65 degrees 27
minutes 37 seconds East along said Northwesterly right of way line of the Northern Illinois Gas
Company right of way being said Southeasterly line of Lot 2 in the subdivision of Lot 2 in Oak Brook
International Office Center Subdivision for a distance of 461.47 feet to said point of beginning.
Parcel 3: A perpetual easement for the benefit of a portion of Lot 2,Parcel 1, lying West of the
following described line: beginning at a point on the Southeasterly most corner of Lot 2 of said
subdivision of Lot 2 in Oak Brook International Office Center Subdivision; thence South 65 degrees 27
minutes 37 seconds West along the Southeasterly line of said Lot 2 of the subdivision of Lot 2 in Oak
Brook International Office Center Subdivision,for a distance of 398.41 feet;.thence North 27 degrees 04
minutes 28 seconds West.for a distance of 410.90 feet;thence South 54 degrees 55 minutes 07 seconds
West for a distance of 125.02 feet to the Southeast corner of Lot 1 in said subdivision of Lot 2 in Oak
Brook International Office Center Subdivision; thence North 26 degrees 44 minutes 28 seconds West
along the Northeasterly line of said Lot 1 for a distance of 407.00 feet to a point on the Southeasterly
right of way line of Butterfield Road, said point being also on the North most Northwesterly corner of
said Lot 2 of subdivision of Lot 2 in Oak Brook International Office Center Subdivision for the
termination of said line,together with the right of free access to and use thereof for landscaping purposes
and together with the right of free access to and use of the surface thereof for construction,
reconstruction,maintenance,repair and use of service and private drives and areas for parking of
vehicles including the paving and improving of such surface areas for said purposes and for no other
purposes, as created by an Instrument recorded on January 19, 1961, in DuPage County,Illinois, as
Document 993993, and Assignment recorded as Document R67-9069 and authorization recorded as
Document R73-62108, the following described real estate:
That part of the Northern Illinois Gas Company right of way, as shown on the Northern Illinois Gas
Company York Township Assessment Plat Number 1 showing right of way of Northern Illinois Gas
Company through part of Sections 31, 30,29,28, 27, 26 and 25 in Township 39 North,Range 11,East
of the Third Principal Meridian, in DuPage County,Illinois,recorded as Document Number R64-28042
in the Recorder's Office of DuPage County,Illinois, more particularly described as follows:
commencing at a point on the Southeasterly corner of Lot 2 in the subdivision of Lot 2 in Oak Brook
International Office Center Subdivision being a subdivision in part of the North 1/2 of Section 28,
Township 39 North,Range 11,East of the Third Principal Meridian,in DuPage County,Illinois
recorded as Document R76-78775 in the Recorder's Office in DuPage County,Illinois; said point being
also on the Northwesterly line of said Northern Illinois Gas Company right of way;thence South 24
degrees 32 minutes 23 seconds East along the prolongation of the Northeasterly line of Lot 2 in said
subdivision of Lot 2 in Oak Brook International Office Center Subdivision for a distance of 82.50 feet to
the Southeasterly line of said Northern Illinois Gas Company right of way; thence.South 65 degrees 27
minutes 37 seconds West along said Southeasterly line of the Northern Illinois Gas Company right of
way for a distance of 457.82 feet to the point of beginning;thence continuing South 65 degrees 27
minutes 37 seconds West along the last described line for a distance of 560.85 feet;thence North 26
degrees 44 minutes 28 seconds West for a distance of 82.56 feet to a point on said Northwesterly line of
the Northern Illinois Gas Company right of way; said point being also on the Southeasterly line of said
Lot 2 in the subdivision of Lot 2 in Oak Brook International Office Center Subdivision;thence North 65
degrees 27 minutes 37 seconds East along said Northwesterly line of the,Northern Illinois Gas Company
right of way being said Southeasterly line of Lot 2 in the subdivision of Lot 2 in Oak Brook International
Office Center Subdivision,for a distance of 560.37 feet;thence South 27 degrees 04 minutes 28 seconds
East for a distance of 82.58 feet to said point of beginning.
Parcel 4: Easement for the benefit of Parcel 1, as created by Declaration and Grant of Easements
_ made by LaSalle National, as trustee under Trust Agreement dated November 3 1971 and known as
Trust Number 43529;La Salle National Bank, as Trustee under Trust Agreement dated September 4,
1973 and known as Trust Number 46570; and LaSalle National Bank,as Trustee under Trust Agreement
dated December 27, 1976 and known as Trust No. 51894, dated May 27, 1977 and recorded on
November 1, 1977 as Document R77-100235 over and upon all driveways as identified in said grant of
easements on the land described as follows:
Lot 1 in Oak Brook International Office Center Subdivision of part of the North 1/2 of Section 28,
Township 39 North,Range 11,East of the Third Principal Meridian, according to the Plat thereof
recorded January 3, 1972 as Document R72-00004,in DuPage County,Illinois.
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