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R-901 - 04/26/2005 - SUBDIVISION - Resolutions Supporting Documents�II�, ?�� . �, Item 7.L. .AGENDA ITEM ' Regular Board of Trustees Meeting of April 12, 2005 SUBJECT: Final Plat of Consolidation -- Oak Brook Promenade FROM: Kenneth T. Kubiesa, Village Attorney BUDGET SOURCE /BUDGET IMPACT: None RECOMMENDED MOTION: I move to pass Resolution 2005- SD -FP- CON -V -R -901, A Resolution Approving the Final Plat of Consolidation Known as NAI Hiffman Butterfield Road Subdivision and Granting Variations from the Provisions of Section 14 -6 -3 -J and K of Title 14 ( "Subdivision Regulations ") of the Village Code of the Village of Oak Brook Relative to Monumentation and Granting of Public Utility Easements Background /History: This Resolution approves the Final Plat of Consolidation and grants relief from the requirements regarding monumentation and public utility easements, as previously provided in the Final Plat of Consolidation section of the project binder for Oak Brook Promenade. Recommendation: I recommend that Resolution 2005- SD -FP- CON -V -R -901 be passed. Last saved by Default JA\ALL DOMBOARD MEMOS \OBP TA.doc Last printed 4/8/2005 3.36 PM l�� Item 7.L. AGENDA ITEM Regular Board of Trustees Meeting of April 26, 2005 SUBJECT: Final Plat of Subdivision -- Oak Brook Promenade FROM: Kenneth T. Kubiesa, Village Attorney BUDGET SOURCE /BUDGET IMPACT: None RECOMMENDED MOTION: I move to pass Resolution 2005- SD -FP- CON -V -R -901, A Resolution Approving the Final Plat of Subdivision Known as NAI Hiffman Butterfield Road Subdivision and Granting Variations from the Provisions of Section 14 -6 -3 -J and K of Title 14 ( "Subdivision Regulations ") of the Village Code of the Village of Oak Brook Relative to Monumentation and Granting of Public Utility Easements Background /History: This Resolution approves the Final Plat of Subdivision, consolidates five (5) existing parcels into a one (1) lot subdivision and grants relief from the requirements regarding monumentation and public utility easements, as previously provided in the Final Plat of Subdivision section of the project binder for Oak Brook Promenade. Recommendation: I recommend that Resolution 2005- SD -FP- CON -V -R -901 be passed. Last saved by mrimbo IAADMIN\rkane\ALL DOCS\BOARD MEMOS \OBP Consolidate.doc Last printed 4/19/2005 4:35 PM elf> P d 00 O Vj G r A COUNII Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 -2255 Website www.oak- brook.org Administration 630 990.3000 FAX 630.990 0876 Community Development 630 990 3045 FAX 630 990.3985 Engineering Department 630.990.3010 FAX 630.990 3985 Fire Department 630.990.3040 FAX 630.990 2392 Police Department 630.990.2358 FAX 630.990.7484 Public Works Department 630.990.3044 FAX 630 472.0223 Oak Brook Public Library 600 Oak Brook Road Oak Brook, IL 60523 -2200 630.990.2222 FAX 630 990.4509 Oak Brook Sports Core Bath & Tennis Club 700 Oak Brook Road Oak Brook, IL 60523 -4600 630 990 3020 FAX 630.990.1002 Golf Club 2606 York Road Oak Brook, IL 60523 -4602 630.990.3032 FAX 630.990.0245 March 9, 2006 NAI HIFFMAN One Oakbrook Terrace, Suite 600 Oakbrook Terrace, Illinois 60181 Re: Recorded Documents on February 14, 200V RESOLUTION 2005- SD -FP- CON- V- R- 901/R2006- 027767 ORDINANCE 2005-ZO-R-S-1 11 5/R2006-027768 ORDINANCE 2005- ZO- SU -S -1I 17/R2006- 027769 ORDINANCE 2006- ZO- AN- TIF- EX l- S- 1148/R2006- 027770 Oak Brook Promenade /3001 -3003 & 3121 Butterfield Road and Vacant Parcel 5 at Butterfield Road and Meyers Road PIN #'s 06 -28 -103 -009, 06 -28- 103 -014, 06 -28- 103 -005 and 06 -28- 103 -018 and 06 -28- 103 -019 Dear Sirs: Copies of the above noted recorded documents are enclosed for your information. These are important records and should be retained in a secure area within your files. If you need any further assistance in this matter, feel free to contact me at 630 - 990 -5770 on Monday through Friday from 9am to 5pm. Sincerely, Linda M. Andrys Records Management Clerk /lma Enclosures cc: Dale L. Durfey, Jr., Village Engineer Robert L. Kallien, Jr., Director of Community Development Official Files v/ 8-401 , Atty. Kenneth Kubiesa, 533 West North Ave., Suite 204, Elmhurst, IL 60126 Atty. Mary Riordan, 980 North Michigan Ave., Suite 950, Chicago, IL 60611 /RECD0C/2006- RECLTR -NAI HIFFMAN -0 B PROMENADE- BUTTERFIELD & MEYERS RD FRED BUCHOLZ OUPAGE COUNTY RECORDER FEB.14,2006 216 PM OTHER 06 -28- 103 -009 008 PAGES R2006- 027767 (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60523 -2255 RECORDED DOCUMENT TITLE PAGE Title of Document RESOLUTION 2005- SD -FP- CON -V -R -901 A RESOLUTION APPROVING THE FINAL PLAT OF SUBDIVISION KNOWN AS NAI HIFFMAN BUTTERFIELD ROAD SUBDIVISION AND GRANTING VARIATIONS FROM THE PROVISIONS OF SECTION 14 -6 -3 -J AND K OF TITLE 14 ( "SUBDIVISION REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO MONUMENTATION AND GRANTING OF PUBLIC UTILITY FASFMFNTS Property Address /es 3001 -3003 & 3121 BUTTERFIELD RD., AND VACANT PARCEL 5 (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523.) AT BUTTERFIELD RD. AND MEYERS RD., DUPAGE COUNTY, ILLINOIS Pin /s Number 06 -28- 103 -009 AND 06 -28- 103 -014 06 -28- 103 -005 AND 06 -28- 103 -018 AND 06 -28- 103 -019 Name & Address of Applicant: NAI HIFFMAN ONE OAKBROOK TERRACE, SUITE 600, OAKBROOK_ TERRACE, IL 60181 Name & Address of Responsible NAI HIFFMAN Party to Receive Copy of ONE OAKBROOK TERRACE, SUITE 600 Recorded Document and Billing: OAKBROOK TERRACE, IL 60181 C, /I Amount # to be Charaed: 10 -1365 Prepared By: Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 Name & Address of Recipient of Consideration (when applicable): G/L Account # to be Charged: N/A Return To: Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 RESOLUTION 2005- SD -FP- CON -V -R -901 A RESOLUTION APPROVING THE FINAL PLAT OF SUBDIVISION KNOWN AS NAI HIFFMAN BUTTERFIELD ROAD SUBDIVISI.ON AND GRANTING VARIATIONS FROM THE PROVISIONS OF SECTION 14 -6 -3 -J AND K OF TITLE 14 ( "SUBDIVISION REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO MONUMENTATION AND GRANTING OF PUBLIC UTILITY EASEMENTS (3001 -3003 and 3121 Butterfield Road, Oak Brook, Illinois 60523) (06 -28- 103 -009, 06 -28- 103 -014, 06- 28- 103 -005, 06 -28- 103 -018, 06 -28- 103 -019) WHEREAS, the Plan Commission of the Village of Oak Brook, on January 17, 2005, recommended the approval of a one (1) lot subdivision, consolidating the existing five (5) parcels at 3001- 3003 and 3121 Butterfield Road, Oak Brook, Illinois 60523, known as NAI Hiffman Butterfield Road Subdivision (hereinafter, "Subdivision ") to create a single parcel consisting of 19.7 acres; and WHEREAS, the Village of Oak Brook has heretofore adopted an ordinance setting forth the Subdivision Regulations for the Village of Oak Brook in Title 14 of the Village Code; and WHEREAS, Section 14 -7 -4 of the Village Code sets forth the authority and standards of the granting of variations to the Subdivision Regulations; and WHEREAS, NAI Hiffman ( "Petitioner "), the developer of the project, known as the Oak Brook Promenade, on behalf of St. Paul Properties, the owners of the property at 3001 -3003, 3121 Butterfield Road, has submitted a petition for variations to sections 14 -6 -3 (J) and 14 -6 -3 (K) of the Subdivision Regulations relative to the requirements for monumentation and dedication of public utility easements; and WHEREAS, on January 17, 2005, the Plan Commission reviewed the petition for subdivision and variations and recommended approval of the plat of subdivision -and variations; and WHEREAS, in making this recommendation, the Plan Commission found that the petitioner had addressed the applicable standards required for variations to the Subdivision Regulations; and WHEREAS, the Plan Commission made the following specific findings: 1. The proposed plat consolidates the five (5) existing parcels that are of this project into one (1) parcel. 2. The single 19.7 -acre parcel will accommodate an approximate 180,000 square foot mixed - use project consisting of retail, restaurant and office uses. 3. The proposed variations to the Subdivision Regulations requested by the petitioner relates to required monumentation and public utility easements. Resolution 2005- SD -FP- CON -V -R -901 Apprvng FP of SUBDIVISION, Grntng Vars.— Monumentation, Public Utility (3001 -3003, 3121 Butterfield Rd.) (06 -28- 103 -009, 06 -28- 103 -014, 06 -28- 103 -005, 06 -28- 103 -018, 06 -28- 103 -019) Page 2 of 6 4. Because the site is already developed and a portion of the site improvement will be maintained, the variation to the monumentation requirement is being requested. 5. The final plat of subdivision satisfies all other aspects and requirements for the Village's Subdivision Regulations including that neither the proposed variation nor final plat conflicts with any adjacent properties. 6. The final plat be revised and approved by the Village Engineer. 7. Future dedication of approximately 1.5 acres of property to DuPage County of the Meyers Road right -of -way. WHEREAS, the Village President and Board of Trustees have considered the recommendations of the Plan Commission and concur with same; and NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: That the Final-Plat of Subdivision prepared by Manhard Consulting Ltd. dated November 2, 2004, last revised February 14, 2005, be and is hereby approved, subject to Section 2 below. Section 2: That approval of the Final Plat of Subdivision of the NAI Hiffman Butterfield Road Subdivision as per Section 1 hereof be and is hereby expressly subject to and is not effective until the following conditions are met: 1. Parcel 5, identified as P.I.N. 06 -28- 103 -018 and P.I.N. 06 -28- 103 -019, is annexed to the Village of Oak Brook. 2. The Final Plat be revised and approved by the Village Engineer. 3. Future dedication of approximately 1.5 acres of property to DuPage County of the Meyers Road right -of -way. Section 3: All requirements, conditions and standards of the Subdivision Regulations of the Village of Oak Brook, except as waived or limited by this Resolution, shall be applicable to the subdivision and development of said NAI Hiffman Butterfield Road Subdivision Section 4: A variation to Section 14 -6 -3 -J of the Subdivision Regulations is hereby granted permitting the lot corner designations as depicted on the said Final Plat of Subdivision. Section 5: A variation to Section 14 -6 -3 -K of the Subdivision Regulations is hereby granted permitting the deletion of the six foot (6') and ten foot (10') public utility easements along the side and rear lot lines. Section 6: The variations described above are limited to the property at 3001 -3b03, 3121 Butterfield Road which is legally described as follows: Resolution 2005- SD -FP- CON -V -R -901 Apprvng FP of SUBDIVISION, Grntng Vars.— Monumentation, Public Utility (3001 -3003, 3121 Butterfield Rd.) (06 -28- 103 -009, 06 -28 -103 -014, 06 -28 -103 -005, 06 -28- 103 -018, 06 -28- 103 -019) Page 3 of 6 PARCEL 1 06 -28- 103 -009 LOT 2 OF BUTLER COMPANY M -1 INC. ASSESSMENT PLAT NO. 2 EXCEPT THE WESTERLY 265 FEET THEREOF AS MEASURED ALONG THE NORTHERLY LINE THEREOF, AND EXCEPT THAT PART THEREOF DESCRIBED AS FOLLOWS: THAT PART OF LOT 2, AFORESAID, IN THE NORTH HALF OF SECTION 28, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 8, 1964 AS DOCUMENT R64 -24069 IN DUPAGE COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: 'COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 2, BEING THE POINT OF INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF F.A. ROUTE 131 WITH THE EXISTING CENTER LINE OF MEYERS ROAD; THENCE WESTERLY ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 55.4 FEET TO A POINT ON THE EXISTING WEST RIGHT OF WAY LINE OF MEYERS ROAD FOR A POINT OF BEGINNING; THENCE SOUTHWESTERLY ALONG SAID WEST RIGHT OF WAY LINE WHICH FORMS AN ANGLE OF 58 DEGREES 25 MINUTES 31 SECONDS TO THE LEFT WITH A PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 361.1 FEET TO A POINT, SAID WEST RIGHT OF WAY LINE BEING THE EAST LINE OF THE -CHICAGO TITLE AND TRUST COMPANY, AS TRUSTEE UNDER TRUST NUMBER 46940 PROPERTY; THENCE NORTHEASTERLY ALONG A LINE WHICH FORMS AN ANGLE OF 176 DEGREES 08 MINUTES 00 SECONDS TO THE RIGHT WITH A PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 347.5 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF F.A. ROUTE 131; THENCE EASTERLY ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 27.5 FEET TO THE POINT OF BEGINNING, BEING THE LAND CONVEYED TO THE PEOPLE OF THE STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION BY DEED RECORDED JULY 29, 1974 AS DOCUMENT R74- 38411. PARCEL 2 06 -28- 103 -014 THAT PART OF NORTHERN ILLINOIS GAS COMPANY'S 82.5 FOOT RIGHT OF WAY KNOWN AS NORTHERN ILLINOIS GAS COMPANY YORK TOWNSHIP ASSESSMENT PLAT NO. 1 (PLAT DOCUMENT 950269) LYING SOUTH OF AND ABUTTING LOT 2 (EXCEPT THE WESTERLY 265, FEET AS MEASURED ALONG THE NORTHERLY LINE THEREOF), IN BUTLER COMPANY M -1 INC. ASSESSMENT PLAT NO. 2, OF PART OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 8, 1964 AS DOCUMENT R64- 24069, IN DUPAGE COUNTY, ILLINOIS; ALSO DESCRIBED AS FOLLOWS: THAT PART OF NORTHERN ILLINOIS' GAS COMPANY PARCEL NO. NIG 2 -63, AS SHOWN ON NORTHERN ILLINOIS GAS COMPANY YORK TOWNSHIP ASSESSMENT PLAT NO. 1, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 IN GLIDDEN SUBDIVISION, AS RECORDED OCTOBER 3, 1969 AS DOCUMENT R69 -43878 FOR A POINT OF BEGINNING; THENCE NORTH 65 DEGREES 27 MINUTES 37 SECONDS EAST ALONG THE NORTH LINE OF SAID PARCEL NIG 2 -63 (BEING ALSO THE SOUTHERLY LINE OF LOT 2 IN BUTLER Resolution 2005- SD -FP- CON -V -R -901 Apprvng FP of SUBDIVISION, Grntng Vars.— Monumentation, Public Utility (3001 -3003, 3121 Butterfield Rd.) (06 -28- 103 -009, 06 -28- 103 -014, 06 -28- 103 -005, 06 -28- 103 -018, 06 -28- 103 -019) Page 4 of 6 COMPANY M -1 INC. ASSESSMENT PLAT NO. 2, AS RECORDED JULY 8, 1964 AS DOCUMENT R64- 24069), 517.90 FEET, MORE OR LESS, TO A POINT ON THE NORTHWESTERLY LINE OF NORTHERN ILLINOIS TOLL HIGHWAY PARCEL NO. E -2 -63.5; THENCE SOUTH 04 DEGREES 30 MINUTES 01 SECOND WEST ALONG SAID NORTHWESTERLY LINE OF PARCEL NO. E -2 -63.5, 94.36 FEET, MORE OR LESS, TO AN ANGLE POINT IN SAID NORTHWESTERLY LINE; THENCE SOUTH 65 DEGREES 27 MINUTES 37 SECONDS WEST ALONG SAID NORTHWESTERLY LINE OF PARCEL NO. E -2- 63.5, 465.95 FEET, MORE OR LESS, TO THE INTERSECTION OF THE SOUTHERLY EXTENSION OF THE AFOREMENTIONED EASTERLY LINE OF LOT 1 IN GLIDDEN SUBDIVISION WITH SAID NORTHWESTERLY LINE OF PARCEL NO. E -2 -63.5; THENCE NORTH 28 DEGREES 48 MINUTES WEST ALONG THE SOUTHERLY EXTENSION OF THE EASTERLY LINE OF SAID LOT 1 IN GLIDDEN SUBDIVISION 82.73 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, ALL IN SECTION 28, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS. PARCEL 3 06 -28- 103 -005 LOT 1 IN GLIDDEN SUBDIVISION NO. 1, BEING A SUBDIVISION OF THE WESTERLY 265 FEET AS MEASURED ALONG THE NORTHERLY LINE THEREOF, OF LOT 2 IN BUTLER COMPANY M -1 INCORPORATED ASSESSMENT PLAT NO. 2 OF PART OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID GLIDDEN SUBDIVISION NO. 1 RECORDED OCTOBER 3, 1969 AS DOCUMENT R69- 43878, IN DUPAGE COUNTY, ILLINOIS. PARCEL 4 06 -28- 103 -014 THAT PART OF ,NORTHERN ILLINOIS GAS COMPANY PARCEL NO. NIG 2 -63 AS SHOWN ON NORTHERN ILLINOIS GAS COMPANY YORK TOWNSHIP ASSESSMENT PLAT NO. 1, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 1 IN GLIDDEN SUBDIVISION AS RECORDED OCTOBER 3, 1969 AS DOCUMENT R69 -43878 AND PROCEEDING SOUTH 28 DEGREES 48 MINUTES EAST ALONG A SOUTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 1, A DISTANCE OF 82.73 FEET, MORE OR LESS, TO A POINT ON THE NORTHERLY LINE OF NORTHERN ILLINOIS TOLL HIGHWAY PARCEL E -2 -63.5; THENCE SOUTH 65 DEGREES 27 MINUTES 37 SECONDS WEST ALONG SAID NORTHERLY LINE 265.61 FEET, MORE OR LESS, TO THE INTERSECTION OF THE SOUTHERLY EXTENSION OF THE WESTERLY LINE OF LOT 2 IN BUTLER COMPANY M -1, INC. ASSESSMENT PLAT NO. 2 RECORDED JULY 8, 1964 AS DOCUMENT R64 -24069 AND THE AFOREMENTIONED NORTHERLY LINE; THENCE NORTH 28 DEGREES 48 MINUTES WEST ALONG SAID SOUTHERLY EXTENSION, 82.73 FEET, MORE OR LESS, TO THE SOUTHWEST CORNER OF LOT 2 IN THE AFOREMENTIONED BUTLER COMPANY ASSESSMENT PLAT (SAID CORNER BEING ON THE NORTH LINE OF NORTHERN ILLINOIS GAS COMPANY PROPERTY PARCEL NO. NIG 2 -63); THENCE NORTH. 65 DEGREES 27 MINUTES 37 SECONDS EAST ALONG SAID NORTH LINE (SAID LINE BEING COINCIDENT WITH THE SOUTH LINE OF AFOREMENTIONED LOT 2),265.61 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, Resolution 2005- SD -FP- CON -V -R -901 Apprvng FP of SUBDIVISION, Grntng Vars.— Monumentation, Public Utility (3001 -3003, 3121 Butterfield Rd.) (06 -28- 103 -009, 06 -28- 103 -014, 06 -28- 103 -005, 06 -28- 103 -018, 06 -28- 103 -019) Page 5 of 6 ALL IN SECTION 28, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS. PARCEL 5 06 -28- 103 -018 and 06 -28- 103 -019 THAT PART OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE EASTERLY MOST NORTHEAST CORNER OF LOT 5 IN HOMESTEAD VILLAGE, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SAID SECTION 28 AND SECTION 29, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 1, 1998 AS DOCUMENT R98- 179522, SAID POINT OF BEGINNING BEING ON THE SOUTHERLY LINE OF NORTHERN ILLINOIS GAS COMPANY ASSESSMENT PLAT NO. 1 PARCEL NO. NIG2 -63N ACCORDING TO THE PLAT THEREOF RECORDED _ AS DOCUMENT 950269; THENCE NORTH 65 DEGREES 32 MINUTES 08 SECONDS EAST (NORTH 65 DEGREES 37 MINUTES EAST, RECORD) ALONG SAID SOUTHERLY LINE OF NORTHERN ILLINOIS GAS COMPANY ASSESSMENT PLAT NO. 1 PARCEL NO. NIG2 -63N, A DISTANCE OF 451.02 FEET (450.89 FEET RECORD) TO THE EASTERLY LINE OF SAID NORTHERLY ILLINOIS GAS COMPANY ASSESSMENT PLAT NO. 1 PARCEL NO NIG2 -63N; THENCE NORTH 04 DEGREES 34 MINUTES 53 SECONDS EAST (NORTH 04 DEGREES 47 MINUTES EAST, RECORD) ALONG SAID EAST LINE OF THE NORTHERN ILLINOIS GAS COMPANY ASSESSMENT PLAT NO. 1 PARCEL NO. NIG2 -63N, AND ALONG AN EASTERLY LINE OF LOT 2 IN BUTLER COMPANY M -1 INC. ASSESSMENT PLAT NO. 2 ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT NO. R64- 24069, A DISTANCE OF 191.20 FEET (191.21 FEET RECORD) TO A SOUTHEASTERLY CORNER OF SAID LOT 2 IN BUTLER COMPANY M -1 INC. ASSESSMENT PLAT NO. 2; THENCE SOUTH 85 DEGREES 23 MINUTES 50 SECONDS EAST (SOUTH 85 DEGREES 13 MINUTES EAST RECORD), ALONG A SOUTHERLY LINE OF SAID LOT 2 IN BUTLER COMPANY M -1 INC. ASSESSMENT PLAT NO. 2, A DISTANCE OF 100.00 FEET TO A SOUTHEASTERLY CORNER OF SAID LOT 2 IN BUTLER COMPANY M -1 INC. ASSESSMENT PLAT NO. 2, SAID POINT BEING ON THE WESTERLY LINE OF THE NORTHERN ILLINOIS TOLL HIGHWAY PERMANENT EASEMENT PARCEL NO. E -2 -63.1 ACCORDING TO DOCUMENT NO. 846924; THENCE SOUTH 04 DEGREES 35 MINUTES 51 SECONDS WEST.(SOUTH 04 DEGREES 47 MINUTES WEST, RECORD) ALONG THE WESTERLY LINE OF THE NORTHERN ILLINOIS TOLL HIGHWAY PERMANENT EASEMENT PARCEL NO. E -2 -63.1, AND ALONG THE WESTERLY LINE OF THE NORTHERN ILLINOIS GAS COMPANY YORK TOWNSHIP ASSESSMENT PLAT NO. 1 LOT 8 -2 ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT NO. R64- 28042, A DISTANCE OF 250.00 FEET TO THE NORTHERLY LINE OF THE NORTHERN ILLINOIS TOLL HIGHWAY; THENCE SOUTH 65 DEGREES 32 MINUTES 08 SECONDS WEST (SOUTH 65 DEGREES 37 MINUTES WEST, RECORD) ALONG SAID NORTHERLY LINE OF THE NORTHERN ILLINOIS TOLL HIGHWAY, A DISTANCE OF 349.98 FEET TO THE SOUTHEASTERLY CORNER OF TECHNOLOGY DRIVE AS DEDICATED BY THE PLAT OF SAID HOMESTEAD VILLAGE; THENCE THE FOLLOWING SIX (6) COURSES AND DISTANCES ALONG THE EASTERLY AND NORTHERLY LINE OF SAID TECHNOLOGY DRIVE: 1) THENCE NORTH 24 DEGREES 22 MINUTES 20 SECONDS WEST (NORTH 25 DEGREES 41 MINUTES 17 SECONDS WEST, RECORD) A DISTANCE OF L � i Resolution 2005- SD -FP- CON -V -R -901 Apprvng FP of SUBDIVISION, Grntng Vars.— Monumentation, Public Utility (3001 -3003, 3121 Butterfield Rd.) (06 -28- 103 -009, 06 -28- 103 -014, 06 -28- 103 -005, 06 -28- 103 -018, 06 -28 -103 -019) Page 6 of 6 97.36 FEET TO THE NORTHEAST CORNER OF SAID TECHNOLOGY DRIVE; 2) THENCE SOUTH 65 DEGREES 37 MINUTES 40 SECONDS WEST (SOUTH 64 DEGREES 18 MINUTES 43 SECONDS WEST, RECORD) A DISTANCE OF 80.00 FEET; 3) THENCE SOUTH 24 DEGREES 22 MINUTES 20 SECONDS EAST (SOUTH 25 DEGREES 41 MINUTES 17 SECONDS EAST, RECORD) A DISTANCE OF 15.00 FEET; 4) THENCE SOUTH 65 DEGREES 37 MINUTES 40 SECONDS WEST (SOUTH 64 DEGREES 18 MINUTES 43 SECONDS WEST, RECORD) A DISTANCE OF 4.75 FEET; 5) THENCE SOUTH 13 DEGREES 41 MINUTES 39 SECONDS WEST, (SOUTH 12 DEGREES 00 MINUTES 14 SECONDS WEST, RECORD) A DISTANCE OF 20.78 FEET; 6) THENCE SOUTH 65 DEGREES 32 MINUTES 08 SECONDS WEST, (SOUTH 64 DEGREES 13 MINUTES 11 SECONDS WEST, RECORD) A DISTANCE OF 62.44 FEET TO" THE SOUTHEAST CORNER OF SAID LOT 5 IN HOMESTEAD VILLAGE; THENCE NORTH 24 DEGREES 22 MINUTES 20 SECONDS WEST (NORTH 25 DEGREES 41 MINUTES 17 SECONDS WEST, RECORD) ALONG THE EASTERLY MOST LINE OF SAID LOT 5, A DISTANCE OF 33.80 FEET TO SAID POINT OF BEGINNING, IN DUPAGE COUNTY, ILLINOIS. Section 7: All resolutions or parts of resolutions in conflict with this resolution are hereby repealed to the extent of the conflict. Section 8: This resolution shall be in full force and effect from and after its passage and approval as required by law, subject to the approval of the annexation of Parcel 5 to the Village of Oak Brook and the approval and establishment of the Promenade Tax Increment Financing District and a Redevelopment Agreement by and between the Village and Petitioner, or waiver of this requirement by Petitioner, on or before December 31, 2005. Ayes: APPROVED THIS 26th day of April , 2005. PASSED THIS 26th day of April _ o Ile Kevin uinlan .l Villa, e President . 2005. Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis Nays: None Absent: None A ��r � �,,��; � to !�� Y:•' " 1AY Y ATTEST: ` o Lin K. donnella, CMC Village Clerk STATE OF ILLINOIS ) ) SS. COUNTIES OF COOK AND DUPAGE ) I, Linda K. Gonnella, do hereby certify that I am the duly elected and acting Village Clerk of the Village of Oak Brook, DuPage and Cook Counties, Illinois. I DO FURTHER CERTIFY that on April 26, 2005 , the corporate authorities of the above municipality passed and approved Resolution 2005- SD -FP- C0N -V -R -901 , A RESOLUTION APPROVING THE FINAL PLAT OF SUBDIVISION KNOWN AS NAI HIFFMAN BUTTERFIELD ROAD SUBDIVISION AND GRANTING VARIATIONS FROM THE PROVISIONS OF SECTION 14 -6 -3 -J AND K OF TITLE 14 ( "SUBDIVISION REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO MONUMENTATION AND GRANTING OF PUBLIC UTILITY EASEMENTS (3001 -3003 and 3121 Butterfield Road, Oak Brook, Illinois 60523) (06 -28- 103 -009, 06 -28- 103 -014, 06 -28- 103 -005, 06 -28- 103 -018, 06 -28- 103 -019) I DO FURTHER CERTIFY that the original document, of which the annexed copy is a true copy, is entrusted to my care for safekeeping and I am the keeper of the same. I DO FURTHER CERTIFY that I am the keeper of the records, journals, entries, resolutions, ordinances and documents of the said Village of Oak Brook, DuPage and Cook Counties, Illinois. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Village of Oak Brook this 14th day of February , 2006. R ; � J 3iY1• e_ Linda K. Gonnella, CM Village Clerk c� Village of Oak Brook DuPage and Cook Counties, IL