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S-1292 - 09/14/2010 - ANNEXATION - OrdinancesORDINANCE 2010- AN -D -S -1292 AN ORDINANCE DISCONNECTING CERTAIN PROPERTY FROM THE VILLAGE OF OAK BROOK WHEREAS, the Westmont Park District ( "Park District") is the owner of certain property ("Subject Property") which is legally described on Exhibit "A" attached hereto and which is located within the corporate limits of the Village of Oak Brook; and WHEREAS, the Park District has filed a petition to disconnect the Subject Property from the Village pursuant 65 ILCS 5/7 -3-4; and WHEREAS, the petition was accompanied by a certificate from the DuPage County Clerk showing that all municipal taxes and assessments due at the time of presenting the petition are fully paid; and WHEREAS, 65 ILCS 517 -3-4 provides that property located upon the border of a municipality may be disconnected at the discretion of the corporate authorities; and WHEREAS, the President and Board of Trustees have determined that the Subject Property qualifies for disconnection pursuant to 65 ILCS 5/7 -34; and NOW THEREFORE be it ordained by the President and Board of Trustees of the Village of Oak Brook, Cook and DuPage 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 Subject Property is hereby disconnected from the Village of Oak Brook. SECTION 3: The Village Clerk is hereby authorized and directed to forward certified copies of this ordinance to the Park District for recordation with the DuPage County Recorder of Deeds. 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. SECTION 5: All ordinances in conflict herewith are hereby repealed to the extent of such conflict.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 provided by law. APPROVED THIS 14' day of Septembei Ordinance 2010- AN -D -S -1292 Disconnection to Westmont Pk. Dist, Page 2 of 4 PASSED THIS 14" day of September, 2010. Ayes: Trustees Moy, Saiyed, Wolin and Zannis Absent: Trustee Aktipis and Trustee Carson ATTEST Charlotte K. Pruss Village Clerk Ordinance 2010- AN -D -S -1292 Disconnection to Westmont Pk. Dist. Page 3 of 4 EXHIBIT "A" LEGAL DESCRIPTION THAT PART OF THE SOUTHWEST FRACTIONAL QUARTER OF SECTION 34, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST FRACTION QUARTER OF SAID SECTION 34; THENCE NORTH 89 DEGREES 23 MINUTES 35 SECONDS EAST ALONG THE NORTH LINE OF THE SOUTHWEST FRACTIONAL QUARTER OF SECTION 34, A DISTANCE OF 386.70 FEET; THENCE SOUTH 00 DEGREES 36 MINUTES 25 SECONDS EAST ALONG A LINE BEING PERPENDICULAR TO THE LAST DESCRIBED COURSE, 40.00 FEET FOR A POINT OF BEGINNING; THENCE CONTINUING SOUTH 00 DEGREES 36 MINUTES 25 SECONDS EAST ALONG THE LAST DESCRIBED COURSE 9.76 FEET TO A POINT ON A CURVE BEING THE SOUTHERLY LINE OF A PUBLIC HIGHWAY HERETOFORE DEDICATED PER DOCUMENT 370308; THENCE SOUTHWESTERLY ALONG THE ARC OF A SAID CURVE, BEING THE SOUTHERLY LINE OF A PUBLIC HIGHWAY HERETOFORE DEDICATED PER DOCUMENT 370308, BEING CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 349.67 FEET; HAVING A CHORD BEARING OF SOUTH 47 DEGREES 19 MINUTES 44 SECONDS WEST FOR A DISTANCE OF 513.42 FEET; THENCE NORTH 51 DEGREES 51 MINUTES 58 SECONDS WEST, 22.20 FEET TO A POINT ON A LINE, 33.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE SOUTHWEST FRACTIONAL QUARTER OF SAID SECTION 34, THENCE NORTH 01 DEGREES 15 MINUTES 55 SECONDS EAST ALONG SAID PARALLEL LINE, BEING 33.00 FEET EAST OF THE WEST LINE OF THE SOUTHWEST FRACTIONAL QUARTER OF SAID SECTION 34, A DISTANCE OF 285.73 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG THE ARC OF A CURVE BEING CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 25.00 FEET, HAVING A CHORD BEARING OF NORTH 45 DEGREES 19 MINUTES 45 SECONDS EAST FOR A DISTANCE OF 38.45 FEET TO A POINT OF TANGENCY; THENCE NORTH 89 DEGREES 23 MINUTES 35 SECONDS EAST ALONG A LINE 40.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE SOUTHWEST FRACTIONAL QUARTER OF SAID SECTION 34, A DISTANCE OF 330.82 FEET TO THE POINT OF BEGINNING, ALL IN DUPAGE COUNTY, ILLINOIS. STATE OF ILLINOIS ) )SS. COUNTY OF COOK ) CERTIFICATION Ordinance 2010 -AN -DS -1292 Disconnection to Westmont Pk. Dist. Page 4 of 4 I, Charlotte K. Pruss, Village Clerk of the Village of Oak Brook, Counties of Cook and DuPage State of Illinois, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance 2010 - AN -D -S -1292, "AN ORDINANCE DISCONNECTING CERTAIN PROPERTY FROM THE VILLAGE OF OAK BROOK, COOK AND DUPAGE COUNTIES, ILLINOIS," which was adopted by the President and Board of Trustees of the Village of Oak Brook on September 14, 2010. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Village of Oak Brook, Illinois, aforesaid, at the said City, in the Counties of Cook and DuPage, State of Illinois, on September 14, 2010. v f't OA/t 'Aa 3 Charlotte K. Pruss Village Clerk