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S-1307 - 03/22/2011 - ANNEXATION - Ordinances Supporting DocumentsITEM G.F., ;) OF .. �a}n� 0 0 M 1 AGENDA ITEM Regular Board of Trustees Meeting of March 22, 2011 SUBJECT: Repealing Ordinance 2010- AN -D -S -1282 FROM: David Niemeyer, Village Manager BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: Motion to approve Ordinance 2011- AN -D -S -1307 An Ordinance Repealing Ordinance 2010- AN -D -S -1282. Background/History: Attached is Ordinance S -1307 repealing the ordinance that deannexed approximately .75 acres of property from Oak Brook to Westmont near 35th St and Cass Ave. Recommendation: That the Village Board approve Ordinance 2011- AN -D -S -1307 an Ordinance Repealing Ordinance 2010- AN -D -S -1282. d-' rv) Last saved by DEFAULT l:\Agenda Items \Westmont deannexation repeal 3 -22 -1 Ldoc Last printed 3/18/20114:40 PM ORDINANCE 2011- AN -D -S -1307 AN ORDINANCE REPEALING ORDINANCE 2010 -AN -DS -1292 WHEREAS, on September 14, 2010 the President and Board of Trustees adopted Ordinance 2010- AN -D -S -1292 entitled "An Ordinance Disconnecting Certain Property From The Village of Oak Brook "; and WHEREAS, the purpose of the ordinance was to disconnect from the Village certain property (the "Subject Property ") which is legally described on Exhibit "A" attached hereto and incorporated herein by reference; and and WHEREAS, the Subject Property has not been subsequently annexed by another municipality; WHEREAS, the President and Board of Trustees have determined that the inclusion of the Subject Property with the Village's corporate boundaries will protect the public health, safety and welfare. 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 SECTION 2: Ordinance No. 2010- AN -D -S -1292 is repealed. SECTION 3: The Village Clerk is hereby authorized and directed to record a certified copy of this ordinance 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 SECTION 5: All ordinances in conflict herewith are hereby repealed to the extent of such conflict.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 22ntl day of March, 2011. PASSED THIS 22ntl day of March, 2011. Nays:_ John W. Craig Village President ATTEST: Charlotte K. Pruss Village Clerk Ordinance 2011 -AN-D-S-1 307 Repealing Ord. S -1292 Page 2 of 4 Ordinance 2011- AN -D -S -1307 Repealing Ord. S -1292 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 2011- AN -D -S -1307 Repealing Ord. S -1292 Page 4 of 4 1, 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 2011- AN -D -S -1307, "AN ORDINANCE REPEALING ORDINANCE NUMBER 2010- AN -D -S- 1292," which was adopted by the President and Board of Trustees of the Village of Oak Brook on March 22, 2011. 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 March 22, 2011. Charlotte K. Pruss Village Clerk SEAL