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S-1403 - 07/08/2014 - ZONING - Ordinances Exhibits Ordinance 2014-ZO-V-EX1-S-1403 Oak Brook Park District—1450 Forest Gate Road Use of Field Lights PINS:06-26-303-001;06-26-303-002;06-26-303-003;06-26-303-004 06-35-400-031 Page 7 of 11 EXHIBIT A LEGAL DESCRIPTION Property: That part of Lot 1 in Oak Brook Investment Company Assessment Plat No. 3, of parts of Section 26, Township 39 North, Range 11, East of the Third Principal Meridian, according to Plat thereof recorded July 23, 1964 as Document No. R64-26333 described as follows: LOT#1 Commencing at the Southeast corner of said Lot 1; thence North 89 degrees- 40'- 30" West along the South line of said Lot 1, a distance of 178.85 feet; thence North 0 Degrees - 05'-40" West, a distance of 80.00 feet; thence North 89 Degrees -40' -30"West, and parallel with the South line of Lot 1, a distance of 100.00 feet to the place of beginning; thence North 0 degrees - 05' -40" West, a distance of 1122.50 feet; thence South 89 degrees - 53'- 48" West, a distance of 26.78 feet; thence North 70 degrees - 48' West, a distance of 324.80 feet; thence North 63 degrees - 49'-West, a distance of 256.19 feet; thence North 81 degrees-09'West, a distance of 231.71 feet; thence South 89 degrees-42'West, a distance of 842.44 feet; thence South 75 degrees -20'West, a distance of 532.46 feet more or less to a point on the Easterly boundary line of land conveyed to the State of Illinois for use of the Department of Public Works and Buildings per deed recorded January 9, 1969 as Document No. R69-1030; thence Southerly along the East line of land conveyed to the State of Illinois per Document No. R69-1030 the following three (3) courses or curves and distances: (1) thence Southerly along an arc of a circle, having a radius of 4658.35 feet (4654.65 feet Deed), being convex to the West, the chord thereof having a bearing of South 2 degrees -46' - 57" East, and a length of 397.63 feet, an arc-distance of 397.75 feet; (2) thence South 9 degrees- 21' - 58" East, a distance of 195 feet; (3) thence Southerly along an arc of a circle, having a radius of 4648.35 feet (4644.65 feet Deed), being convex to the West, the chord thereof having a bearing of South 12 degrees - 09' - 31" East, and a length of 734.61 feet an arc distance of 735.37 feet to the intersection with the South line of Lot 1, aforesaid; thence South 89 degrees -40'-30" East along the South line of said Lot 1, a distance of 1144.17 feet more or less to a point, which is 1080.84 feet Westerly of the Southeast corner of said Lot 1; thence Northerly along an arc of a circle, having a radius of 1487 feet, being convex to the East, the chord thereof having a bearing of North 8 degrees-00'-34"West and a length of 80.85 feet, an arc-distance of 80.86 feet; thence South 89 degrees - 40' - 30" East, and parallel with the South line of Lot 1, aforesaid, a distance of 813.12 feet to the place of beginning, (except that part thereof described as follows: LOT#3 Commencing at the Southeast corner of said Lot 1; thence North 89 degrees - 40'- 30" West along the South line of said Lot 1, a distance of 178.85 feet; thence North 0 degrees -05' -40"West, a distance of 80.00 feet; thence North 89 degrees-40' -30"West, and parallel with the South line of Lot 1, a distance of 846.17 feet to the place of beginning; thence continuing North 89 degrees - 40'30" West and parallel with the South line of said Lot 1, a distance of 620 feet; thence North 4 degrees -21'West, a distance of 845.91 feet; thence South 89 degrees - 40'- 30 ' East and parallel with the South line of said Lot 1, a distance of 620 feet; thence South 4 degrees - 21' East, a distance of 845.91 feet to the place of beginning;)and (except that part thereof described as follows: LOT#4 Commencing at the Southeast corner of said Lot 1; thence North 89 degrees -40' - 30" West along the South line of said Lot 1, a distance of 178.85 feet; thence North 0 degrees-05' -40"West, a distance of 80.00 feet; thence North 89 degrees -40' -30"West, and parallel with the South line of Lot 1, a distance of 913.12 feet to the place of beginning; thence continuing North 89 degrees -40' - 30"West and parallel with the South line of said Lot 1, a distance of 553.05 feet; thence North 4 degrees-21'West, a distance of 467.36 feet; thence North 89 degrees—40 degrees- 30" West and parallel with the South line of said Lot 1, a distance of 672.89 feet more or less to a point on the Easterly boundary line of land conveyed to Additions are hnld and douhle-underlined; Ordinance 2014-ZO-V-EX1-S-1403 Oak Brook Park District—1450 Forest Gate Road Use of Field Lights PINS:06-26-303-001;06-26-303-002;06-26-303-003;06-26-303-004 06-35-400-031 Page 8 of 11 the State of Illinois for use of the Department of Public Works and Buildings per deed recorded January 9, 1969 as Document No. R69-1030; thence Southerly along said Easterly line of land conveyed to the State of Illinois per Document No. R69-1030, being an arc of a circle, having a radius of 4648.35 feet(4644.65 feet Deed), being a convex to the West, having a chord bearing of South 13 degrees - 13' -43" East and a length of 561.44 feet, an arc-distance of 1144.17 feet more or less to a point, which is 1080.84 feet Westerly of the Southeast corner of said Lot 1; thence Northerly along an arc of a circle, having a radius of 1487 feet, being convex to the East, the chord thereof having a bearing of North 8 degrees - 00' - 34" West and a length of 80.85 feet, an arc-distance of 80.86 feet to the place of beginning;) containing 44.0000 Acres more or less, in DuPage County, Illinois. LOT#2 That part of Lot I in Oak Brook Investment Company Assessment Plat No. 3 of parts of Section 26, Township 39 North, Range 11, East of the 3rd Principal Meridian, according to Plat thereof recorded July 23, 1964 as Document No. R64-26333 described as follows: Commencing at the Southeast corner of said Lot 1; thence North 89 degrees - 40 ' - 30"West along the South line of said Lot 1, a distance of 178.85 feet; thence North 0 degrees - 05' -40"West, a distance of 80.00 feet; thence North 89 degrees - 40' - 30" West and parallel with the South line of said Lot 1, a distance of 100.00 feet; thence North 0 degrees-05'-40"West, a distance of 1122.50 feet to the place of beginning; thence South 89 degrees-53' -48"West, a distance of 26.78 feet; thence North 70 degrees- 48'West, a distance of 324.80 feet; thence North 63 degrees-49'West, a distance of 256.19 feet; thence North 81 degrees-09'West, a distance of 231.71 feet; thence South 89 degrees-42'West, a distance of 842.44 feet; thence South 75 degrees-20'West; a distance of 532.46 feet more or less to a point on the Easterly boundary line of land conveyed to the State of Illinois for use of the Department of Public Works and Buildings per deed recorded January 9;,-.1969 as Document No. R69-1030; thence Northerly along said Easterly line of land conveyed to the State of Illinois per Document No R69-1030, being an arc of a circle, having a radius of 4658.35 feet (4654.65 feet Deed), being convex to the West, the chord thereof having a bearing of North 0 degrees -20' -38" East, a chord and arc-distance of 110.60 feet to a point in the center of Ginger Creek; thence Easterly along the center thread of Ginger Creek the following seventeen (17)courses and distances: (1) North 63 degrees - 50' East, a distance of 61.97 feet; (2) thence North 73 degrees - 38' East, a distance of 226 feet; (3) thence North 78 degrees -02' East, a distance of 220 feet; (4) thence South 88 degrees - 54' East, a distance of 562 feet; (5) thence North 70 degrees -27' East, a distance of 36 feet; (6) thence North 88 degrees - 29' feet East, a distance of 284 feet; (7) thence South 81 degrees - 57' East, a distance of 218 feet; (8) thence North 88 degrees - 30' East, a distance of 40 feet; (9) thence South 39 degrees - 14' East, a distance of 72 feet ; (10) thence North 75 Degrees - 39 feet East, a distance of 74 feet; (11) thence South 27 degrees- 19' East, a distance of 60 feet; (12) thence South 79 degrees-02' East, a distance of 111 feet; (13)thence South 69 degrees-08' East, a distance of 55 feet; (14) thence South 83 degrees -09' East, a distance of 73 feet; (15) thence South 77 degrees- 19' East, a distance of 70 feet; (16) thence South 354egrees - 08' East, a distance of 80 feet; (17) thence South 55 degrees-08' East, a distance of 41.32 feet,more or less to a point located 98.19 feet North 0 degrees -05'40"West of the place of beginning; thenoe..South 0 degrees -05'-40" East, a distance of 98.18 feet to the place of beginning; containing 6.0000 Acres more or less, in DuPage County, Illinois. Also described as: Lot 2 in Autumn Oaks Unit One, being a subdivision of part of Section 26, Township 39 North, Range 11, East of the Third Principal Meridian according to Plat thereof recorded February 1, 1973 as document No. R73-5825 in Du Page County, Illinois. Permanent Parcel#06-26-303-001; 06-26-343-002; 06-26-303-003; 06-26-303-004 Additions are bold and dint ble-underlined; Ordinance 2014-ZO-V-EX1-S-1403 Oak Brook Park District—1450 Forest Gate Road Use of Field Lights PINS:06-26-303-001;06-26-303-002;06-26-303-003;06-26-303-004 06-35-400-031 Page 9 of 11 Exhibit B Site Plan Additions are hold and douhle-underlined; ���g�•� _ yjyA�M1A / �`K y 0� C s r ,I.�`� � s _ � � � �t�.• X11 t• i,.'J d ��` .�� : �: � `�j �:- 4 �"�- 'AYE 4h`..r � .:"�- Ira�'��€ ' = 't i O�.O� ' 'I y &s illj.;li�l u[F1Lt a i � 4 19 '-"i' ! •� � ^. :±FS �t �L� \' 111. � � �,��,. `? o� ©� g Z L IT no , q Y 'y > 1 l�r r ' •¢ b'. li r ' � t �a F�•`,�,1 � 1 r` l �/ ri�` 1 , ¢ V, r"", �CJt' €� $� �'j� YVJ l`b \ u•C� ' � eA S T PET/� �� �. PARK-"ABEIMMO Cowhey Manhard 1 OAK BROOK FMK VNFTRICT «t - o«sv�rr«c-orvrsra«� +7 PKFMNMIY CgIKEHMM PWi �"""Z.'�'--�" ��.�•'�'� - Ordinance 2014-ZO-V-EX1-S-1403 Oak Brook Park District—1450 Forest Gate Road Use of Field Lights PINS:06-26-303-001;06-26-303-002;06-26-303-003;06-26-303-004 06-35-400-031 Page 10 of 11 EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Oak Brook, Illinois("Village"): WHEREAS, the Oak Brook Park District ('Park District") has filed a petition ("Petition") requesting: (i)a variation from Section 13-3-8A to allow for the construction of four, seventy-foot high light poles on the synthetic turf soccer field ("Light Pole Variation") on the property located at 1300 to 1500 Forest Gate Road and legally described; in Exhibit A- attached hereto and incorporated herein ("Property"); and (ii) an amendment to Ordinance 2004-ZO-V-S-1084 ("S-1084"), as amended by Ordinance 2010-ZO-V-EX1-S-1296 ("S-1296'), to extend the time the lights on the athletic fields may be used ("Variation Amendment'j; and WHEREAS, on September 25, 2012, the Board of Trustees adopted Ordinance 2012-ZO-V-EX1- S-1350 ("S-1350'), granting the Park District: (i) the Light Pole Variation; and (ii) the Variation Amendment to extend the times the Park District can use the lights on Fields 2, 3, and 4, and established a time restriction on the use of the lights on the synthetic turf soccer field; however, the Board of Trustees tabled the Park District's request for a Variation Amendment to amend the times the lights can be used on Field 1; and WHEREAS, Ordinance No. 2013-ZO-V-EX1-S-1361, adopted by the President and Board of Trustees of the Village of Oak Brook on.February 12, 2013 ("Ordinance"), granted approval of the Variation Amendment, subject to certain modifications, conditions, restrictions, and provisions; and WHEREAS, Ordinance No..2013-Z0V-EX1-S-1361, was subsequently amended on July 8, 2014 pursuant to Ordinance No. 2014-ZO`=V-EX1=S=14'03; and WHEREAS, Subsection 31 of the'Ordinance provides, among other things, that the Ordinance will be of no force or effect unless and until the Park District files this Unconditional Agreement and Consent with the Village Clerk, within 60 days following the passage of the Ordinance, and consents to accept and abide by each of the terms, conditions and limitations set forth in said Ordinance; NOW, THEREFORE, the Park District does hereby agree and covenant as follows: 1. The Park District hereby unconditionally'agrees to accept, consent to, and abide by all of the terms, conditions, restrictions, and provisions of'the Ordinance, as amended. 2. The Park District acknowledges that public notices and hearings have been properly given and held with respect to the adoption of the Ordinance, has considered the possibility of the revocation provided for in the Ordinance, and agrees not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural,rig ht. 3. The Park District acknowledges,and.agrees that the Village is not and will not be, in any way, liable for any damages or injuries that.rrj;ay. be sustained as a result of the Village's issuance of any permits for the use of the Property, the Construction and installation of the seventy-foot high light poles on the synthetic turf soccer field, or the use of Jights on the Property, and that the Village's issuance of any such permits does not, and will not, in any,way,,be deemed to insure the Park District against damage or injury of any kind and at any time.- [SIGNATURE PAGE FOLLOWS] Additions are hold and double-underlined; Ordinance 2014-ZO-V-EX1-S-1403 ..Oak Brook Park District—1450 Forest Gate Road Use of Field Lights PINS:06-26-303-001;06-26-303-002;06-26-303-003;06-26-303-004 06-35-400-031 Page 11 of 11 Dated: Sept.5 , 2014. ATTEST: Oak Broo P�fk Distr' —s -J // Its: Executive i for Additions are hold and double-underlined. STATE OF ILLINOIS ) SS. COUNTIES OF COOK AND DUPAGE ) I, Charlotte K. Pruss, do; hereby certify that I am the duly elected and acting Village Clerk of the Village of Oak Brook, DuPage and Cook Counties, Illinois. DO FURTHER CERTIFY that on July 8, 2014 , the corporate authorities of the above municipality passed and approved: ORDINANCE 2014-ZO-SU-V-EX-S-1403 AN ORDINANCE GRANTING AN AMENDMENT TO VARIATIONS REGARDING THE USE OF LIGHTS AT 1450 FOREST GATE ROAD IN THE VILLAGE OF OAK BROOK, ILLINOIS I DO FURTHER CERTIFY tha€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 l'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 31st day of October , 2014 t' ^ Charlotte K. Pruss i Village Clerk _Village of Oak Brook —DuPage and Cook Counties, Illinois AUNTY