S-1148 - 02/13/2006 - ZONING - OrdinancesORDINANCE 2006-ZO-AN-TIF-EX1 -S-1 148
n
AN ORDINANCE AMENDING ORDINANCES S -1114, S -1115,
S -1116, S -1117, S -1120, S -1121, S -1122 AND S -1123 AND RESOLUTION
R -901 RELATIVE TO THE LEGAL DESCRIPTION OF VACANT PARCEL 5
(Vacant Parcel 5 at Butterfield Road and Meyers Road, DuPage County, Illinois)
(06 -28- 103 -018, 06 -28- 103 -019)
WHEREAS, the President and Board of Trustees of the Village of Oak Brook (the "Village Board ")
did, on April 26, 2005, adopt Ordinance 2005- ZO- AN- EX1- S -11 -14 (the "Annexation Ordinance ")
purporting to annex the property described in Exhibit A thereto into the Village of Oak Brook (the
"Village "), and
WHEREAS, the Village Board did, on April 26, 2005, adopt Ordinance 2005- ZO -R -S -1115,
purporting to amend the Zoning District Map, and
WHEREAS, the Village Board did, on April 26, 2005, adopt Ordinance 2005- ZO -V -S -1116,
purporting to grant variations from the provisions of the Zoning Regulations of the Village Code of the
Village of Oak Brook relative to lot area requirement, sign height, interior parking lot landscaping and off-
street parking regulations, and
WHEREAS, the Village Board did, on April 26, 2005, adopt Ordinance 2005- ZO -SU -S -1117,
purporting to grant special uses for outdoor dining areas adjacent to restaurants, and
WHEREAS, the Village Board did, on April 26, 2005, adopt Resolution 2005-SD-FP- CON -V -R-
901 purporting to approve the final plat of subdivision known as NAI Hiffman Butterfield Road Subdivision
and granting variations from the provisions of Subdivision Regulations of the Village code relative to
monumentation and granting of public utility easements, and
WHEREAS, the Village Board did, on June 6, 2005, adopt Ordinance 2005 -TX- TIF -EX4 -S -1120,
purporting to approve the Village of Oak Brook TIF #1 Butterfield- Meyers Road Redevelopment Plan and
Project, and
WHEREAS, the Village Board did, on June 6, 2005, adopt Ordinance 2005 - TIF -EX4 -S -1121 (the
"Redevelopment Area Ordinance ") purporting to create the Oak Brook Promenade Redevelopment
Project Area containing a tax increment allocation area whose boundaries include the area annexed by
the Annexation Ordinance, and
WHEREAS, the President and Village Board did, on June 6, 2005, adopt Ordinance 2005 -TIF-
EX3 -S -1122 (the "TIF Ordinance ") adopting tax increment financing for the area covered by the
Redevelopment Area Ordinance, and
WHEREAS, the President and Village Board did, on June 6, 2005, adopt Ordinance 2005 -TX-
EX2 -S -1123 (the "Note Ordinance ") authorizing the issuance of notes payable from incremental taxes
generated from the allocation area identified in the TIF Ordinance, and
WHEREAS, the President and Village Board have been advised that the legal description
attached to the above - mentioned Ordinances contains a scrivener's error in that a small portion of Parcel
5 is actually located within the corporate limits of the Village of Lombard and cannot properly be included
in any of the proceedings had by the Village, and
Ordinance 2006- ZO -AN- TIF -EX1 -S -1148
Amending TIF Ordinances re Incorrect
Vacant 5 Parcel Legal Description
Page 2 of 2
WHEREAS, the amount of land erroneously included in the legal description of Parcel 5 is not
material to any of the proceedings of the Village, and no taxpayers will be adversely affected by the
correction of the scrivener's error,
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 That the preambles of this Ordinance are hereby incorporated into this text as if fully
set forth herein
Section 2 That the legal description of Parcel 5 attached to the above - mentioned Ordinances
which contained Exhibit A attached to the Annexation Ordinance and is relevant to the proceedings
leading up to the adoption of the other Ordinances mentioned above, is hereby amended to conform to
the legal description of Parcel 5 attached hereto as Exhibit A as if this legal description of Parcel 5 had
been attached to each of those ordinances when adopted
Section 3 That all proceedings relating to the Notes authorized by the Note Ordinance are
hereby ratified and affirmed as if the legal description of Parcel 5 set forth in Exhibit A attached hereto
had been attached thereto
Section 4 That the Village Clerk is hereby directed to file a certified copy of this Ordinance to
amend the legal description with the County Clerk of the County of DuPage, Illinois
Section 5 That this Ordinance shall be in full force and effect from and after its passage and
approval
APPROVED this 13th day of February, 2006
Kevin inlan
villa g President
PASSED this 13th day of February, 2006
AYES Trustees Aktipis, Craig, Kennedy, Manofsky and Yusuf
NAYS None
ABSENT Trustee Sanford
OF 044'
5 f�Gy� prF
N,,�bhti
��_��.��� j�aa�•.r�ra� �— �A�.•��pr
ATTEST
Linda K Gonnella, CM
Village Clerk
I
M; all
EXHIBIT A
Page 1 of 2
PARCEL 5:
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 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
EXHIBIT A
Page 2 of 2
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, EXCEPT THAT PART PREVIOUSLY ANNEXED TO THE
VILLAGE OF LOMBARD DESCRIBED AS FOLLOWS. BEGINNING AT THE EASTERLY MOST
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 16.55
FEET; THENCE NORTH 65 DEGREES 37 MINUTES 40 SECONDS EAST (NORTH 64 DEGREES
18 MINUTES 43 SECONDS EAST, RECORD) A DISTANCE OF 80.00 FEET TO THE SOUTH LINE
OF SAID TECHNOLOGY DRIVE; THENCE SOUTH 13 DEGREES 41 MINUTES 39 SECONDS
WEST, (SOUTH 12 DEGREES 00 MINUTES 14 SECONDS WEST, RECORD) ALONG THE
SOUTH LINE OF SAID TECHNOLOGY DRIVE, A DISTANCE OF 20.78 FEET; THENCE SOUTH
65 DEGREES 32 MINUTES 08 SECONDS WEST, (SOUTH 64 DEGREES 13 MINUTES 11
SECONDS WEST, RECORD) ALONG THE SOUTH LINE OF SAID TECHNOLOGY DRIVE, A
DISTANCE OF 62.44 FEET TO THE POINT OF BEGINNING IN DUPAGE COUNTY, ILLINOIS
TOGETHER WITH
THAT PART OF LOT 2 IN BUTLER COMPANY M -1 INC. ASSESSMENT PLAT NO 2, BEING A
SUBDIVISION 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 SOUTH
00 DEGREES 18 MINUTES 03 SECONDS EAST, ALONG THE CENTER LINE OF MEYERS
ROAD, A DISTANCE OF 738.12 FEET FOR A POINT OF BEGINNING; THENCE CONTINUING
SOUTH 00 DEGREES 18 MINUTES 03 SECONDS EAST, ALONG THE CENTER LINE OF
MEYERS ROAD, A DISTANCE OF 72.80 FEET, TO A SOUTH LINE OF SAID LOT 2; THENCE
SOUTH 88 DEGREES 04 MINUTES 13 SECONDS WEST, ALONG SAID SOUTH LINE OF LOT 2,
A DISTANCE OF 115.80 FEET, TO AN EAST LINE OF SAID LOT 2; THENCE NORTH 04
DEGREES 30 MINUTES 01 SECONDS EAST, ALONG SAID EAST LINE OF LOT 2, A DISTANCE
OF 85 51 FEET, TO A SOUTH LINE OF SAID LOT 2; THENCE SOUTH 85 DEGREES 29
MINUTES 59 SECONDS EAST, ALONG SAID SOUTH LINE EXTENDED EAST, A DISTANCE OF
108.98 FEET TO THE POINT OF BEGINNING, IN DUPAGE COUNTY, ILLINOIS.
FRED BUCHOLZ
DU14 COUNTY RECORDER
. ,2006 PAGE 2:26 PM
OTHEFEBR
006 PAGES R2006-027770
(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 ORDINANCE 2006-ZO-AN-TIF-EX1-S-1148 AN ORDINANCE AMENDING
ORDINANCES S-1114, S-1115, S-1116, S-1117, S-1120, S-1121, S-1122 AND S-1123 AND
RESOLUTION R-901 RELATIVE TO THE LEGAL DESCRIPTION OF VACANT PARCEL 5
Property Address/es VACANT PARCEL 5
(If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523.)
AT BUTTERFIELD ROAD AND MEYERS ROAD, DUPAGE COUNTY, ILLINOIS
Pin/s Number 06-28-103-018 AND 06-28-103-019
Name & Address of Applicant: NAI HIFFMAN
ONE OAKBROOK TERRACE, SUITE 6001 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
G/L Account# to be Charged: 10-1365
Prepared By: Village of Oak Brook Return To: Village of Oak Brook
1200 Oak Brook Road 1200 Oak Brook Road
Oak Brook, Illinois 60523 Oak Brook, Illinois 60523
Name & Address of Recipient N/A
of Consideration (when applicable):
G/L Account # to be Charged:
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 February 13, 2006 , the corporate
authorities of the above municipality passed and approved
Ordinance 2006-ZO-AN-TIF-EX1-S-1148
AN ORDINANCE AMENDING ORDINANCES S-1114, S-1115,
S-1116, S-1117, S-1120, S-1121, S-1122 AND S-1123 AND RESOLUTION
R-901 RELATIVE TO THE LEGAL DESCRIPTION OF VACANT PARCEL 5
(Vacant Parcel 5 at Butterfield Road and Meyers Road, DuPage County, Illinois)
(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.
441,E
,' °F 0
7.Z• '1214-ZCLi-;&-'Y'N?,..\'. ,4%7 y'4/7e zi 4
FT,,,,, --44,.. .g�.t i (;
,0 ,4. .,,,,, .,-44, "` , Linda K. Gonnella CMC eli(
q0 � Village Clerk ��,0 /
m2 -yr'
Village of Oak Brook
` "�/ DuPage and Cook Counties, IL