R-1002 - 01/08/2008 - ANNEXATION - Resolutions Supporting Documents1 �,` � � -
e?�_rooL
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 S -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.
1
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I' 131 1().13A.
JUH, I[, , 4 � �
AGENDA ITEM
Regular Board of Trustees Meeting
of
October 23, 2007
SUBJECT: Intergovernmental Agreement — Disconnection from Oakbrook Terrace and
Annexation into Oak Brook — In Site Oak Brook Limited Partnership Property.
FROM: Robert L. Kallien, Jr., AICP, Community Development Director . 1-
BUDGET SOURCE /BUDGET IMPACT: N/A
I
RECOMMENDED MOTION: I move to approve the attached Intergovernmental
Agreement between the Village of Oak Brook and the City of Oakbrook Terrace.
Background /History:
Recently, the Village of Oak Brook approved several ordinances in order for the property located
at 1603 16th Street to be redeveloped as a Fifth/Third Bank with a drive -thru facility.
As part of Village's formal review of that project, it was disclosed by the applicant that a small
tract of land (less than 1/3 acre in size) located at the southern end of the property was owned by
the applicant but was under the jurisdiction of the City of Oakbrook Terrace. Through
discussions between the property owner, Fifth/Third Bank and representatives from both Oak
Brook and Oakbrook Terrace, it was agreed that steps should be taken to make the entire parcel
under the jurisdiction of one municipality (e.g., Village of Oak Brook).
Accordingly, the attached intergovernmental agreement has been developed jointly by the
Village of Oak Brook and City of Oakbrook Terrace which describes the process for
disconnection and annexation of the property in question.
Recommendation:
Approve the attached Intergovernmental Agreement between the Village of Oak Brook
and the City of Oakbrook Terrace.
�/'V\
1 BOT- InSite -VOB-Intergovernmental Agreement- Cover -2007 doc
Page 1 of 2
Carol Harty
From: David Niemeyer
Sent: Thursday, November 08, 2007 1 58 PM
To: Robert Kallien, Carol Harty
Subject: FW Disconnection
N
- - - -- Original Message---- -
From: Mark H. Sterk
Sent: Wednesday, November 07, 2007 8:43 AM
To: David Niemeyer
Subject: FW: Disconnection
FYI
- - - -- Original Message---- -
From: Scott Day [ mai Ito: sday @dayandrobertpc.com]
Sent: Tuesday, November 06, 2007 1:15 PM
To: Martin J. Bourke, City Administrator; Barbara Gosselar ;
Cc: Christina Morrison; Mark Sterk
Subject: RE: Disconnection
The tenant to Insite (Fifth Third Bank) is now requesting several changes to the document I am not yet satisfied that their proposed
changes are accurate or acceptable to VOB Please hold until our office forwards a document that we are confident includes
accurate changes requested by 5/3, and consistent with prior corrections from the City of Oakbrook Terrace Thank you for your
patience
Scott M. Day
Day & Robert P.C.
300 E. 5th Ave. Suite 365
Naperville, Il 60563
630 - 637 -9811
630 - 637 -9814 (fax)
630 - 854 -9811 (cell)
CONFIDENTIALITY NOTICE- This e -mail is intended solely for the person or entity to which it is addressed and may contain confidential
and/or privileged information Any review, dissemination, copying, printing, or other use of this e -mail by persons or entities other than the
addressee is prohibited. If you have received this e -mail in error either in printed form or by automation, please contact the sender immediately
and delete the material from your computer.
From: Martin J. Bourke, City Administrator [mailto: administrator @oakbrookterrace.net]
Sent: Tuesday, November 06, 2007 12:08 PM
To: 'Barbara Gosselar'
Cc: Scott Day; Rachel Robert
Subject: RE: Disconnection
This is a bit confusing.
I have made the changes to the Ordinance, Resolution and Covenant, however, I am seeing two (2)
11/8/2007
Page 2 of 2
changes per document rather than a single change per doc. Is that correct?
In addition, I thought the final draft of the Agreement itself was coming from Scott after discussions
with his client. I was not planning on updating my digital copy of the Agreement. I was going to wait
until it came in from Scott. Is this correct? In any case, I have attached the last version of the
Agreement that I have on my machine. If you want me to change it in anyway, let me know.
From: Barbara Gosselar [mailto:gosselar @ksgalaw.com]
Sent: Monday, November 05, 2007 10:10 AM
To: administrator @oakbrookterrace.net
Subject: Disconnection
Just so we don't get confused on the final draft of the disconnection ordinance and Intergovernmental Agreement I finally heard
from Scott, and the legal desciption was, in fact, slightly incorrect In the last phrase, it should read, "according to the Plat of said
Subdivision recorded of not resubdivision If you could please make this change in the final draft of the ordinance and agreement
that you have, that would be good Thanks
Barbara J Gosselar
Kubiesa, Spiroff, Gosselar & Acker, P C
533 West North Avenue, Suite 204
Elmhurst, IL 60126
Phone 630 -516 -1800
Fax- 630 -516 -1808
E -mail gosselar @,ksgalaw com
This e -mail and any attachments may contain PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee
named above If you are not the intended recipient of this e -mail, you are hereby notified that any copying, distribution, dissemination of this e-
mail and any of its attachments to it are strictly prohibited Please notify the sender immediately if you have received this e -mail in error, and
permanently delete the original and destroy any copies of this e -mail and any attachments to it Thank you
11/8/2007
ITEM 9.13.1)
IT A
17M 9911,2)
AGENDA ITEM
Regular Board of Trustees Meeting
of
January 8, 2008
SUBJECT: Insite Oak Brook Limited Partnership — Intergovernmental Agreement and
Annexation of Property °
FROM: Robert L. Kallien, Jr., AICP, Community Development Directof
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTIONS: I move to approve:
a. Resolution 2008- AN -D -AG -EXI -R -1002 which provides for the disconnection of land
from the City of Oakbrook Terrace and the annexation of land to the Village of Oak
Brook; and
b. Ordinance 2008 -AN -EXI -S -1221 annexing certain territory to the Village of Oak
Brook.
Background /History:
In conjunction with the recent approval of the Insite Oak Brook Limited Partnership requests for a
text amendment, special use and variations necessary to redevelop the property located at 1603
16th Street as a drive -thru banking facility, the Village Attorney was directed to prepare the
necessary resolution and ordinance which approve an intergovernmental agreement with the City
of Oakbrook Terrace and annexation of property to the Village of Oak Brook.
Accordingly, the Attorney has prepared Resolution 2008- AN -D -AG -EXI -R -1002 and Ordinance
2008 -AN -EX 1 -S -1221.
Recommendation:
Approve Resolution 2008- AN -D -AG -EXI -R -1002 and Ordinance 2008 -AN -EXI -S -1221.
Last saved by administrator I \ComDev \GPOLANEK \l -FROM BOB\Bot - PC - ZBA\BOT- Rec- Insite Annexation etal- Jan2008 doc
RESOLUTION 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 Coun!x, 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 16" 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
John W Craig
village President
AYES Trustees Carson Kennedy, Manofsky, Saiyed Sanford and Wolin
NAYS
h1t
ABSENT President Crai
ATTEST.
4 A�
_-B
Charlotte K. Pruss
Village Clerk
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. S- 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: •Ae»-e4W.•
Its Mayor
Attest: 14
Its City Clerk
Village of Oak Brook
DuPage and Cook County, Illinois
D &R 11/08/07 7
Its Village Clerk
�r�
%; �5
N
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00 f
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 w , Mayor of the City of Oakbrook Terrace, and
4"��- ;-i-R- 4► ,,,,��� , 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 of�Z , 2007.
OFFICIAL SEAL
JANICE J COGLIANESE - ��-�-
NOTARY PUBLIC - STATE OF ILLINOIS Not Public
MY COMMISSION EXPIRES - 01/14/10
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 HN W - C.RAiC,- , President of the Village of Oak Brook, and
(44,Aa- �� t -. 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 A N> day of :� ANtk t>&y 1200S.
1100 ' ICIt LAJ SEAL
Rosem, ry A. Dane
Notary Pubh, ~State of Illinois
My Commis -ion 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, IL 60563
D &R 11/08/07 9
Notary Puto,
Exhibit A
D &R 11/08/07 10
Im
UNOFFICIAL COPY
COVENANT
(TOIVN & COUNTRY :S.W. CORNER 16TH STREET & ROUTE 83)
This Covenant is made this :.�ME- day of �'r� - , 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. RBS- 011821 (hereinafter referred to as
"Trustee ").
WITNESSETH:
WHEREAS, Trustee is the owner of record of the real estate
uPa a Count Illinois, which is legally described as t�
in D g County,
> i
follows:
LOTS 1 AND 2 AND THE NORTH 1/2 OF LOT 3 IN BLOCK 1 IN
TOWN DEVELOPMENT COMPANY'S EU4HURST 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 CD
AND COUNTRY RESUBDIVISION ACCORDING TO THE PLAT THEREOF r•, rl)
RECORDED Ste.. o- S , 1988, AS DOCUMENT
NO. 7PSS - /o/ 5Sj , IN THE VILLAGE OF OAK PARK, DUPAGE (�•:_. i
Co
COUNTY, ILLINOIS.
consisting of three lots (hereinafter referred to as "Subject
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;
and
WHEREAS,
Trustee
desires to
meet
and satisfy
the
aforesaid
condition of
Ordinance
No. S -634
of the
Village of
oak
Brook.
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:
1. 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 any 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 pant 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.
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,
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
k 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:
La
Asst:. Land Tr 6 0-A f {
Affix Corporate Seal Here
STATE OF ILLINOIS )
DuPage ) SS
COUNTY OF VDMTZM )
HARRIS BANK HINSDALE, TRUSTEE
Title: Assistant Vice PreAy`�`�
Or
i :2
rIvN
r .
I 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
skXdU%XXW thereof, personally known to me to the be same persons
whose names are subscribed to'the foregoing instrument as such
e
Asst. Vice President and Asst.LEO S3]y,
respectively, in ively, appeared before me this day 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 ImaraMT4 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.
1
GIVEN under my hand and Notarial Seal this
August . 198S., �— "OFFICIAL SEA1�" 1
Approved as to Formr:* ZEOU+AP-V
�csuANr+ -r-b o Q°• 5 -�35 °C -r44E
-.—V I LEA GE C_F oa
village Attorney for
village of oak Brook
�.
a
Off-
!� Jo
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MY Commission Expires 10111189 j
*V TY'V'PYY
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 personalty, but only as Trustee and that
no personal liability is assumed by nor shall be asserted
or enforced agalnsi 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 held personally liable
upon or in consequence of any of the covenants of
phis 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 ,
20073 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 '/2 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 -0015 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,gounty, Illinois
By:
Its President
i/
Attest:
Its Village Clerk
x
,*•� " "`'
i
®1/4TY ,
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 k), CkAa & , President of the Village of Oak Brook, and
Gam, k,Le-ne, e, Paia , 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 _44Lj day of ��qn�c� , 200S.
t��I't"en�MJ�
SLA
Rcsom,t; ry A. Kane
Not, t, P12in i^ State of Illinois
My �;� twin ,i
_" xp 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
tary Public
Exhibit C
D &R 11/08/07 12
ORDINANCE 2008- AN -EX1 -S -1221
AN ORDINANCE ANNEXING CERTAIN TERRITORY 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
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
Ordinance 2008-AN-EX1 -S-1 221
Disconnect OBT /Annex — InSite
1603 16"' St, Oak Brook
06 -22- 409 -003, 06 -22- 409 -013
Page 2 of 2
"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"
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 Parcel 1 is hereby annexed to the Village
Section 3 The Village Clerk is hereby authorized and directed to cause a certified copy of this
ordinance, together with the Plat of Annexation for Parcel that is attached to this ordinance as Exhibit "A", to
be recorded in the Office of the Recorder of Deeds of DuPage County, Illinois and to be filed with the County
Clerk of DuPage County, Illinois
Section 4 If any section, paragraph, clause or provision of this ordinance shall be held invalid, the
invalidity thereof shall not effect any of the other provisions of this ordinance
Section 5 All ordinances in conflict herewith are repealed to the extent of the 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 8th day of January, 2008
AP OVED,
John W Craig '
V)Ifage President
lrf ✓
AYES. Trustees Carson, Kennedy Manofsky, Saiyed Sanford and Wolin
NAYS None
ABSENT President Craig
,mob ±q
�r,'jz'1 M1": .rv: ^ ±•,?'ld �n 'i ,y .r dig
WYIj� - r` ✓ '� � y� 73
Vil(I
ATTEST
Charlotte K. Pruss
Village Clerk
:w
Linda Andrys
From: Linda Andrys
Sent: Wednesday, February 13, 2008 5 09 PM
To: David Niemeyer
Cc: Dale Durfey
Subject: FW InSite Disconnection /Annexation
Dave & Dale,
See previous emails for FYI.
Thanks'
LA
Linda Andrys
Records Management Clerk /Freedom of Information Officer_
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523 -2255
(630) 368 -5056/ Fax: (630) 368 -5042
Email: landrys @oak- brook.org
"This communication, along with any documents, files or attachments, is intended only for
the use of the addressee and may contain legally privileged and confidential information.
If you are not the intended recipient, you are hereby notified that any dissemination,
distribution or copying of any information contained in or attached to this communication
is strictly prohibited. If you have received this message in error, please notify the
sender immediately and destroy the original communication and its attachments without
reading, printing or saving in any manner. This communication does not form any
contractual obligation on behalf of the sender or the Village of Oak Brook and, when
applicable, the opinions expressed here are my own and do not necessarily represent those
of the Village."
- - - -- Original Message -----
From- Linda Andrys
Sent: Wednesday, February 13, 2008 4:57 PM
To: Mark H. Sterk
Subject: RE: InSite Disconnection /Annexation
Mark, %0 of
O.K. I will not be recording Resolution R -1002
Linda Andrys
Records Management Clerk /Freedom of Information Officer
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523 -2255
(630) 368 -5056/ Fax: (630) 368 -5042
Email: landrys @oak- brook.org
'This communication, along with any documents, files or attachments, is intended only for
the use of the addressee and may contain legally privileged and confidential information.
If you are not the intended recipient, you are hereby notified that any dissemination,
distribution or copying of any .information contained in or attached to this communication
is strictly prohibited. If you have received this message in error, please notify the
sender immediately and destroy the original communication and its attachments without
reading, printing or saving in any manner. This communication does not form any
contractual obligation on behalf of the sender or the Village of Oak Brook and, when
applicable, the opinions expressed here are my own and do not necessarily represent those
of the Village."
- - - -- Original Message---- -
From: Mark H. Sterk
Sent: Wednesday, February 13, 2008 4:48 PM
To: Linda Andrys; David Niemeyer
Cc: Dale Durfey
Subject: RE: InSite Disconnection /Annexation
Linda,
The intergovernmental agreement has already been recorded by OBT it doesn't need to be
rerecorded by Oak Brook. Mark
- - - -- Original Message---- -
From: Linda Andrys [mailto:landrys @oak- brook.org]
Sent: Wednesday, February 13, 2008 4:39 PM
To: David Niemeyer; Mark Sterk
Cc: Dale Durfey
Subject: RE: InSite Disconnection /Annexation
After speaking with Atty Sterk yesterday, he indicated that the Resolution R -1002 did not
need to be recorded as the signed IGA with all updated information was already recorded by
Oakbrook Terrace, and I was given a certified copy of this signed & updated IGA by Dale
this afternoon. It was my understanding from Mark's conversation that this certified copy
of the signed & updated IGA makes the previous questions about R -1002 attachment
irrelevant, and I can now move forward and record Ordinance 5 -1221 with its exhibit -the
Annexation Plat. Please confirm. Thanks' LA
Linda Andrys
Records Management Clerk /Freedom of Information Officer
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523 -2255
(630) 368 -5056/ Fax: (630) 368 -5042
Email: landrys @oak - brook.org
"This communication, along with any documents, files or attachments, is intended only for
the use of the addressee and may contain legally privileged and confidential information.
If you are not the intended recipient, you are hereby notified that any dissemination,
distribution or copying of any information contained in or attached to this communication
is strictly prohibited. If you have received this message in error, please notify the
sender immediately and destroy the original communication and its attachments without
reading, printing or saving in any manner. This communication does not form any
contractual obligation on behalf of the sender or the Village of Oak Brook and, when
applicable, the opinions expressed here are my own and do not necessarily represent those
of the Village."
N
- - - -- Original Message---- -
From: David Niemeyer
Sent: Wednesday, February 13, 2008 4:18 PM
To: Mark H. Sterk; Linda Andrys
Cc: Dale Durfey
Subject: RE: InSite Disconnection /Annexation
Did we get the agreement updated? I have still the old agreement in here that has November
dates for approval.
- - - -- Original Message -----
From: Mark H. Sterk
Sent: Wednesday, February 13, 2008 4.10 PM
To: Linda Andrys
Cc: David Niemeyer; Dale Durfey
Subject: InSite Disconnection /Annexation
Linda,
Please see the attached to Christina Morrison. Please send me one copy of the annexation
ordinance and plat after recording. Call me if you have any questions.
Marl-,
<<SCAN2074 000.pdf_>>
3
Linda Andrys
From: Mark H Sterk
Sent: Wednesday, February 13, 2008 4 37 PM
To: Linda Andrys
Subject: RE InSite Disconnection /Annexation
Linda,
All we need are copies with the Recorder's stamp and the recordation number. Mark
-- Original Message---- -
From: Linda Andrys [mailto:landrys @oak- brook.org]
Sent: Wednesday, February 13, 2008 4:18 PM
To: Mark Sterk
Subject: RE: InSite Disconnection /Annexation
Do these copies to you and Christina Morrison need to be certified copies Thanks' LA
Linda Andrys
Records Management Clerk /Freedom of Information Officer
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523 -2255
(630) 368 -5056/ Fax: (630) 368 -5042
Email: landrys @oak - brook.org
"This communication, along with any documents, files or attachments, is intended only for
the use of the addressee and may contain legally privileged and confidential information.
If you are not the intended recipient, you are hereby notified that any dissemination,
distribution or copying of any information contained in or attached to this communication
is strictly prohibited. If you have received this message in error, please notify the
sender immediately and destroy the original communication and its attachments without
reading, printing or saving in any manner. This communication does not form any
contractual obligation on behalf of the sender or the Village of Oak Brook and, when
applicable, the opinions expressed here are my own and do not necessarily represent those
of the Village."
- - - -- Original Message---- -
From: Mark H. Sterk
Sent: Wednesday, February 13, 2008 4:10 PM
To: Linda Andrys
Cc: David Niemeyer; Dale Durfey
Subject: InSite Disconnection /Annexation
Linda,
Please see the attached to Christina Morrison. Please send me one copy of the annexation
ordinance and plat after recording. Call me if you have any questions.
Mark
<<SCAN2074 OOO.pdf>>
1