S-1355 - 11/13/2012 - REPEAL - OrdinancesORDINANCE 2012 - REPEAL- AN -D -S -1355
AN ORDINANCE REPEALING ORDINANCE 2011- AN -D -S -1307
WHEREAS, the Village of Oak Brook ( "Village") and the Westmont Park District ( "WPD ") entered
into an Agreed Settlement and Order of Dismissal ( "Order') on September 24, 2012, resolving litigation
related to the real property commonly known as the "S -Curve Parcel "; and
WHEREAS, the Circuit Court of DuPage County entered the Order on September 27, 2012, in
case number 2012CH752; and
WHEREAS, pursuant to the Order, the Village is adopting this Ordinance to repeal Ordinance
2011- AN -D -S -1307;
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: Recitals. The foregoing recitals are incorporated into, and made a part of, this
Ordinance as the findings of the Village President and Board of Trustees.
Section 2: Repeal. Oak Brook Ordinance 2011- AN -D -S -1307, shall be, and is hereby,
repealed in its entirety, confirming the disconnection of the S -Curve Parcel as of September 27, 2010.
Section 3: Effective Date. This Ordinance shall be in full force and effect from and after its
passage, approval and publication as required by law.
Section 4: Repeal. All ordinances or parts thereof`in conflict with the provisions of this
Ordinance are hereby repealed to the extent of such conflict.,,"
APPROVED THIS 13th day of November, 2012.
� r
Gopal G. Lalmalani
Village President
PASSED THIS 13th day of November, 2012.
Ayes: Trustees Aktipis, Manzo, Moy, Wolin, Yusuf and Zannis
Nays: None
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ATTEST:
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Charlotte K. Pruss
Village Clerk
IN THE CIRCUIT COURT OF THE EIGHTEI
JUDICIAL CIRCUIT, DUPAGE COUNTY, ILLINOIS
Westmont Park District,
Plaintiff,
V.
Village of Oak Brook,
Defendant
OTHER
005 PAGES
AGREED SETTLEMENT AND ORDER OF DISMISSAL
Property Address/es
If vacant land, so state and list nearest cross streets
PIN NO(s). 06 -34- 301 -001
Name and Address of Applicant: VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK. IL 60523
G/L ACCOUNT TO BE CHARGED: 121 -7700
Prepared by and mail to: Village of Oak Brook
1200 Oak Brook Road /
Oak Brook, IL 60523
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IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT
STATE OF ILLINOIS, COUNTY OF DUPAGE
Westmont Park District
Plaintiff
V.
Village of Oak Brook
Defendant
AGREED SETTLEMENT
NOW COME the parties by and through their attorneys, pursuant to the parties' joint
motion for entry of this Order, and intending to avoid further litigation and resultant costs,
hereby agree in settlement of this matter upon this Court's Order as follows:
THE COURT HEREBY FINDS:
A. Plaintiff Westmont Park District ("WPD') is the fee and sole owner of the parcel
that is the Subject Property in this lawsuit, as legally described in the Complaint and on Exhibit
"A" attached hereto and made a part hereof,
B. The Estate of Paul Butler originally owned the Subject Property and conveyed it
to the Village of Westmont ("Westmont ") pursuant to an Administrator's Deed recorded against
the Subject Property and dated April 7, 1987, This Deed was recorded with the DuPage County
Recorder as documents R88- 096126, R88 -096127, and R88 - 096128 ("Butler Deed' J. Westmont
subsequently conveyed the Subject Property to the WPD pursuant to a Warranty Deed dated
September 2, 1987, and recorded with the DuPage County
C. The Butler Deed contains a restriction that
condition that said parcels be utilized by the grantee
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AND ORDER OF DISMISSAL
NOW COME the parties by and through their attorneys, pursuant to the parties' joint
motion for entry of this Order, and intending to avoid further litigation and resultant costs,
hereby agree in settlement of this matter upon this Court's Order as follows:
THE COURT HEREBY FINDS:
A. Plaintiff Westmont Park District ("WPD') is the fee and sole owner of the parcel
that is the Subject Property in this lawsuit, as legally described in the Complaint and on Exhibit
"A" attached hereto and made a part hereof,
B. The Estate of Paul Butler originally owned the Subject Property and conveyed it
to the Village of Westmont ("Westmont ") pursuant to an Administrator's Deed recorded against
the Subject Property and dated April 7, 1987, This Deed was recorded with the DuPage County
Recorder as documents R88- 096126, R88 -096127, and R88 - 096128 ("Butler Deed' J. Westmont
subsequently conveyed the Subject Property to the WPD pursuant to a Warranty Deed dated
September 2, 1987, and recorded with the DuPage County
C. The Butler Deed contains a restriction that
condition that said parcels be utilized by the grantee
Restriction "). The parties acknowledge the Deed
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land, is enforceable,
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and restricts the use of the Subject Property to "passive park purposes."
D. As of September 14, 2010, the Subject Property was within the corporate
boundaries of the Village of Oak Brook ("Oak Brook "). On September 14, 2010, Oak Brook
adopted Ordinance 2010 -AN -DS -1292, disconnecting the Subject Property from the Village of
Oak Brook ( "Disconnection Ordinance'). The Disconnection Ordinance was recorded on
September 27, 2010 as document R2010- 128964. On March 22, 2011, the Village of Oak
Brook adopted Ordinance 2011- AN -D -S -1307, purporting to repeal the Disconnection Ordinance
and thereby improperly re-annex the Subject Property back into Oak Brook ("Repeal
Ordinance'l. In accordance with this settlement, Oak Brook will adopt an ordinance repealing
the Repeal Ordinance ("Repeal of Repeat Ordinance') which confirms the effect of this Order
that from and after September 27, 2010 and to date the Subject Property has been disconnected
from Oak Brook and is in unincorporated DuPage County.
WHEREFORE the Court Declares and Orders:
I. The Complaint in Quo Warranto is dismissed with prejudice.
2. This Order and the Repeal of the Repeal Ordinance shall be recorded against the Subject
Property at Oak Brook's expense.
3. This Court shall retain jurisdiction hereof to enforce this Order.
AGREED; Wes Park Dist ct Vill ak B
c
By: v ,4e
Attorney Its Attorney
DATE: bet' 2 2012;
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Kubiesa law Firm, P.C.
340 W. Butterfield Rd. AB
Elmhurst, IL 60126
Any No. 45985
Peter M. Friedman
Benjamin L. Schuster
Holland & Knight LLP
131 S. Dearborn Street, 30i' Fir.
Chicago, Illinois 60603
Atty No. 10884
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EXHIBIT "An
LEGAL DESORIPTON
THAT PART OF NORTH, RAND 1t EA9TSOUi ITEHb'ET THIRD FRACTIONAL MMVML DESLO'RNISE AS FOLLOM
COWWOXJCING AT THU NNIHANEST CORNER OF THE SOUTHWEST FRACTION QUARTER OF
SAO SEOMN 34; THENCE NORTH 69 DEGREES 23 MINUTES 35 SECONOB EAST ALONG THE
NORTH LINE OF THE SOUTHWEST FRACTIONAL QUARTER OF SECTION 34, A DISTANCE OF
986.70 FEET !HINDI SOUTH 00 DEGREES 90 MINUTES 25 SECONDS EAST ALONG A LINE
Yle
SOUTHEAST, HAVING A RADIUS OF WAY FEET, HAVING A CHORD BEARING OF SOUTH 47
DEGREES 119 MBII'IES 44 SMDS WEST FOR A DISTANCE OF 61342 FEET; THENCE NORTH
61 DEGREES 51 NINUTES 66 SECONDS WEST 22.20 FEET TO A POINT ON A LDS:, 33.00 FEET
FAST OF AND PARALLEL VRTFI THE WEST LIFE OF THE SOUTIMM FRACTIONAL QUARTER
OF SAID SECTION 4 THENCE NORM 01 DEGREES 16 MINUTES 56 SECONDS EAST ALONG
SAID PARALIX LINE, BEING 39.00 FEET EAST OF THE WEST' LINE OF THE SOUTHWEST
FRACTIONAL QUARTER OF SAID SECTION 34, A OIBTANCE OF 288.73 FEET TO A POINT OF
CURVATURE; THENCE NORTHEASTEMY ALONG THE ARC OF A CURVE BEING CONCAVE TO
THE SOUTHEAST, HAYING A RADIUS OF 26.00 FEET, HAVTNO A CHORD BEARING OF NORTH 45
DEGREES 19 MINUTES 46 SECONDS EAST FOR A DISTANCE OF MA FEET TO A POINT OF
TA06MY; THENCE NORTH 89 DEGREES 23 MINUTES 88 SECONDS EAST ALONG A LINE 40.00
FEET SOUTH OF AND PARALLEL OTITH THE NORTH LINE OF THE SOUTHWEST FRACTIONAL
QUARTER OF SAID SECTION 5% A INSTANCE OF =82 FEET TO THE POINT OF SMINNING,
ReWkWPSCErvODOWRYA2ALWBY•Idl]IIDCI� bn�Vidt bi pJhmv,ttlf Wv bvWklM ftc=Ynliftlim LM: IP OM012 -1142 -10139