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S-1117 - 04/26/2005 - ZONING - Ordinances Supporting Documents11� «'SIR`► �; � u • Item 7.0. C 9�1 � r< � i � y c 4 4 3 $ AGENDA ITEM Regular Board of Trustees Meeting of April 12, 2005 SUBJECT: Special Uses for Oak Brook Promenade FROM: Kenneth T. Kubiesa, Village Attorney BUDGET SOURCE /BUDGET IMPACT: None RECOMMENDED MOTION: I move to pass Ordinance 2005- ZO -SU -S -1117, An Ordinance Granting Special Uses to Oak Brook Promenade for Outdoor Dining Areas Adjacent to Up to Three Restaurants Background /History: This Ordinance grants special uses for outdoor dining adjacent to up to three (3) restaurants, subject to conditions previously provided in the special use section of the project binder for Oak Brook Promenade for the property at 3001 -3003, 3121 Butterfield Road. Recommendation: I recommend that Ordinance 2005- ZO -SU -S -1117 be passed. Last saved by Default J \ALL DOCSTOARD MEMOS \OBP Variations doc Last printed 4/8/2005 8 34 AM r Item 7.0, AGENDA ITEM Regular Board of Trustees Meeting of April 26, 2005 SUBJECT: Special Uses for Oak Brook Promenade FROM: Kenneth T. Kubiesa, Village Attorney BUDGET SOURCE /BUDGET IMPACT: None RECOMMENDED MOTION: I move to pass Ordinance 2005- ZO -SU -S -1117, An Ordinance Granting Special Uses to Oak Brook Promenade for Outdoor Dining Areas Adjacent to Up to Three Restaurants Background /History: This Ordinance grants special uses for outdoor dining adjacent to up to three (3) restaurants, subject to conditions previously provided in the special use section of the project binder for Oak Brook Promenade for the property at 3001 -3003, 3121 Butterfield Road. Recommendation: I recommend that Ordinance 2005- ZO -SU -S -1117 be passed. Last saved by Default I \ADMIN\rkane\ALL DOMBOARD MEMOS \OBP Special Uses doc Last printed 4/19/2005 4 19 PM % F 04, / P g J o G r � CF CO IN11 ' Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 -2255 Website www oak -brook org Administration 630 990 3000 FAX 630 990 0876 Community Development 630 990 3045 FAX 630 990 3985 Engineering Department 630 990 3010 FAX 630 990 3985 Fire Department 630 990 3040 FAX 630 990 2392 Police Department 630 9902358 FAX 630 990 7484 Public works Department 630 990 3044 FAX 630 472 0223 Oak Brook Public Library 600 Oak Brook Road Oak B100k, IL 60523 -2200 630 990 2222 FAX 630 990 4509 Oak Brook Sports Core Bath & Tennis Club 700 Oak Brook Road Oak Brook, IL 60523 -4600 630 990 3020 FAX 630 990 1002 Golf Club 2606 Yoik Road Oak Brook, IL 60523 -4602 630 990 3032 FAX 630 990 0245 i� j, I� ! Y Q do V v �J X41 ! =1 �- March 9, 2006 NAI HIFFMAN One Oakbrook Terrace, Suite 600 Oakbrook Terrace, Illinois 60181 Re- Recorded Documents on February 14, 2006 RESOLUTION 2005- SD -FP- CON- V- R- 901/R2006- 027767 ORDINANCE 2005- ZO- R- S- 1I15/R2006- 027768 ORDINANCE 2005- ZO- SU- S- 1117/R2006- 027769 ORDINANCE 2006- ZO- AN- TIF- EXI- S- 1148/R2006- 027770 Oak Brook Promenade /3001 -3003 & 3121 Butterfield Road and Vacant Parcel 5 at Butterfield Road and Meyers Road PIN #'s 06 -28 -103 -009, 06 -28 -103 -014, 06 -28- 103 -005 and 06 -28- 103 -018 and 06 -28 -103 -019 Dear Sirs. Copies of the above noted recorded documents are enclosed for your information These are important records and should be retained in a secure area within your files If you need any further assistance in this matter, feel free to contact me at 630 - 990 -5770 on Monday through Friday from 9am to 5pm Sincerely, Linda M Andrys Records Management Clerk /lma Enclosures cc Dale L Durfey, Jr, Village Engineer Robert L. Kallien, Jr., Director of Community Development Official Files V 0. F. 's— 0 U f I Atty Kenneth Kubiesa, 533 West North Ave, Suite 204, Elmhurst, IL 60126 Atty Mary Riordan, 980 North Michigan Ave, Suite 950, Chicago, IL 60611 /RECD0G2006- RECLTR -NAI HIFFMAN -O B PROMENADE- BUTTERFIELD & MEYERS RD FRED BUCHOLZ OUPAGE COUNTY flELUNOER FEB.14,2006 2:26 PM OTHER 06 -28- 103 -009 008 PAGES R2006- 027769 (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 2005- ZO -SU -S -1117 AN ORDINANCE GRANTING SPECIAL USES TO OAK BROOK PROMENADE FOR OUTDOOR DINING AREAS ADJACENT TO UP TO THREE RESTAURANTS Property Address /es 3001 -3003 & 3121 BUTTERFIELD RD., AND VACANT PARCEL 5 (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523 ) AT BUTTERFIELD RD. AND MEYERS RD., DUPAGE COUNTY, ILLINOIS Pin /s Number 06 -28- 103 -009 AND 06 -28- 103 -014 06 -28- 103 -005 AND 06 -28- 103 -018 AND 06 -28- 103 -019 Name & Address of Applicant: NAI HIFFMAN ONE OAKBROOK TERRACE, SUITE 600, 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 1200 Oak Brook Road Oak Brook, Illinois 60523 Name & Address of Recipient N/A of Consideration (when applicable): G/L Account # to be Charged: Return To: Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 ORDINANCE 2005- ZO -SU -S -1117 AN ORDINANCE GRANTING SPECIAL USES TO OAK BROOK PROMENADE FOR OUTDOOR DINING AREAS ADJACENT TO UP TO THREE RESTAURANTS (Oak Brook Promenade, 3001 -3003 and 3121 Butterfield Road, Oak Brook, Illinois 60523) (06 -28- 103 -009, 06 -28- 103 -014, 06 -28- 103 -005, 06 -28- 103 -018, 06 -28- 103 -019) WHEREAS, an application has been filed requesting special uses, as detailed in the Oak Brook Promenade Booklet in the Petition for Special Use section dated December 14, 2004 (hereinafter referred to as "Booklet ") submitted by Petitioner in support of its application for up to three (3) outdoor dining special uses adjacent to restaurants at the Oak Brook Promenade to be constructed at the southwest corner of Meyer Road and Butterfield Road, Oak Brook, Illinois, and WHEREAS, the Plan Commission reviewed the request for special uses and recommended its approval, and WHEREAS, the Zoning Board of Appeals conducted a public hearing on the request for special uses pursuant to due and appropriate legal notice, and recommended approval of the special uses, and WHEREAS, the Zoning Board of Appeals and the Plan Commission found that the Petitioner satisfactorily addressed the factors required for approval of these special uses and made specific findings including that the special uses for outdoor dining at the Oak Brook Promenade would be operated so that the public health, safety and welfare will be protected and there will be no substantial injury to other property in the neighborhood , WHEREAS, the Zoning Board of Appeals and the Plan Commission also found that the request for special uses was consistent with other outdoor dining arrangements for restaurants within the Village of Oak Brook, and WHEREAS, the Village president and Board of Trustees have reviewed the recommendations of the Plan Commission and Zoning Board of Appeals and deem the special uses as set forth below to be in the best interest of the Village, NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DUPAGE AND COOK COUNTIES, ILLINOIS, as follows Section 1 The recitals above are hereby incorporated into and made a part of this ordinance Section 2 The Oak Brook Promenade aforesaid is hereby granted special uses for outdoor dining adjacent to up to three (3) restaurants, subject to the following conditions 1) That the construction and design of up to three (3) restaurants at Oak Brook Promenade shall be in substantial conformance with the Overall Site Summary dated January 10, 2005, as shown as Exhibit 5 of the Booklet, on file with the Village and hereby approved, as follows a The outdoor dining areas proposed for buildings A and B would be approximately twenty -four feet (24') deep and are oriented towards the five (5) acre water feature located at the corner of Butterfield Road and Meyer Road The outdoor dining area for building B is proposed to be the largest of all facilities that are part of the special use, Ordinance 2005- ZO -SU -S -1117 Granting Special Uses to Oak Brook Promenade, 3001 -3003 and 3121 Butterfield Road, Oak Brook, IL, (06 -28- 103 -009, 06 -28- 103 -014, 06 -28 -103 -005, 06 -28- 103 -018, 06 -28- 103 -019) Page 2of6 b The smallest of the three (3) outdoor dining areas is proposed for the east side of Building K and will be approximately fifteen feet (15') deep, c Access to each of the outdoor dining areas would be from within the restaurant and would include decorative fencing, lighting and landscaping, d With regard to the outdoor dining area proposed for Building K, the addition of a low masonry wall barrier would be part of the building, including pilaster and brick, e The dining areas will be utilized between April 1St and October 15th of each year (weather - permitting) and will not offer live music, and 2) Construction, design and use of the outdoor seating area and appurtenances shall be in substantial conformance with the detailed site plans as contained in Exhibit 2, plan numbered 2 0, dated January 10, 2005, Site Plan in Exhibit 5, plan numbered 5 0, dated January 10, 2005, and the Petition for Special Use Section of the Booklet, on file with the Village and hereby approved, and 3) Construction of the Oak Brook Promenade restaurants aforesaid shall be in substantial conformance with the site plans and exhibits contained in the Booklet in all respects including, but not limited to screening for trash receptacles, landscaping of the building, parking lot and boulevard entrances, use of building materials and furnishings for the outdoor dining area Section 3 These special uses and the scope of this ordinance are limited and restricted to the nineteen point seven (19 7) acre property located at the southwest corner of Meyer Road and Butterfield Road, 3001 -3003 and 3121 Butterfield Road, Oak Brook, Illinois, which property is legally described as follows PARCEL 1 06 -28- 103 -009 LOT 2 OF BUTLER COMPANY M -1 INC. ASSESSMENT PLAT NO 2 EXCEPT THE WESTERLY 265 FEET THEREOF AS MEASURED ALONG THE NORTHERLY LINE THEREOF, AND EXCEPT THAT PART THEREOF DESCRIBED AS FOLLOWS THAT PART OF LOT 2, AFORESAID, 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 WESTERLY ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 55 4 FEET TO A POINT ON THE EXISTING WEST RIGHT OF WAY LINE OF MEYERS ROAD FOR A POINT OF BEGINNING, THENCE SOUTHWESTERLY ALONG SAID WEST RIGHT OF WAY LINE WHICH FORMS AN ANGLE OF 58 DEGREES 25 MINUTES 31 SECONDS TO THE LEFT WITH A PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 361 1 FEET TO A POINT, SAID WEST RIGHT OF WAY LINE BEING THE EAST LINE OF THE CHICAGO TITLE AND TRUST COMPANY, AS TRUSTEE UNDER TRUST NUMBER 46940 PROPERTY, THENCE NORTHEASTERLY ALONG A LINE WHICH FORMS AN ANGLE OF 176 DEGREES 08 Ordinance 2005- ZO -SU -S -1117 Granting Special Uses to Oak Brook Promenade, 3001 -3003 and 3121 Butterfield Road, Oak Brook, IL, (06 -28- 103 -009, 06 -28- 103 -014, 06 -28- 103 -005, 06 -28- 103 -018, 06 -28- 103 -019) Page 3of6 MINUTES 00 SECONDS TO THE RIGHT WITH A PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 347 5 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF F A ROUTE 131, THENCE EASTERLY ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 27 5 FEET TO THE POINT OF BEGINNING, BEING THE LAND CONVEYED TO THE PEOPLE OF THE STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION BY DEED RECORDED JULY 29, 1974 AS DOCUMENT R74 -38411 PARCEL 2 06 -28- 103 -014 THAT PART OF NORTHERN ILLINOIS GAS COMPANY'S 82 5 FOOT RIGHT OF WAY KNOWN AS NORTHERN ILLINOIS GAS COMPANY YORK TOWNSHIP ASSESSMENT PLAT NO. 1 (PLAT DOCUMENT 950269) LYING SOUTH OF AND ABUTTING LOT 2 (EXCEPT THE WESTERLY 265, FEET AS MEASURED ALONG THE NORTHERLY LINE THEREOF), IN BUTLER COMPANY M -1 INC ASSESSMENT PLAT NO 2, OF PART OF THE NORTHWEST QUARTER 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, ALSO DESCRIBED AS FOLLOWS THAT PART OF NORTHERN ILLINOIS GAS COMPANY PARCEL NO NIG 2 -63, AS SHOWN ON NORTHERN ILLINOIS GAS COMPANY YORK TOWNSHIP ASSESSMENT PLAT NO 1, DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 IN GLIDDEN SUBDIVISION, AS RECORDED OCTOBER 3, 1969 AS DOCUMENT R69 -43878 FOR A POINT OF BEGINNING, THENCE NORTH 65 DEGREES 27 MINUTES 37 SECONDS EAST ALONG THE NORTH LINE OF SAID PARCEL NIG 2 -63 (BEING ALSO THE SOUTHERLY LINE OF LOT 2 IN BUTLER COMPANY M -1 INC ASSESSMENT PLAT NO 2, AS RECORDED JULY 8, 1964 AS DOCUMENT R64- 24069), 517 90 FEET, MORE OR LESS, TO A POINT ON THE NORTHWESTERLY LINE OF NORTHERN ILLINOIS TOLL HIGHWAY PARCEL NO E -2 -63 5, THENCE SOUTH 04 DEGREES 30 MINUTES 01 SECOND WEST ALONG SAID NORTHWESTERLY LINE OF PARCEL NO E -2 -63 5, 94 36 FEET, MORE OR LESS, TO AN ANGLE POINT IN SAID NORTHWESTERLY LINE, THENCE SOUTH 65 DEGREES 27 MINUTES 37 SECONDS WEST ALONG SAID NORTHWESTERLY LINE OF PARCEL NO E -2- 63 5, 465 95 FEET, MORE OR LESS, TO THE INTERSECTION OF THE SOUTHERLY EXTENSION OF THE AFOREMENTIONED EASTERLY LINE OF LOT 1 IN GLIDDEN SUBDIVISION WITH SAID NORTHWESTERLY LINE OF PARCEL NO E -2 -63 5, THENCE NORTH 28 DEGREES 48 MINUTES WEST ALONG THE SOUTHERLY EXTENSION OF THE EASTERLY LINE OF SAID LOT 1 IN GLIDDEN SUBDIVISION 82 73 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, ALL IN SECTION 28, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS PARCEL 3 06 -28 -103 -005 LOT 1 IN GLIDDEN SUBDIVISION NO 1, BEING A SUBDIVISION OF THE WESTERLY 265 FEET AS MEASURED ALONG THE NORTHERLY LINE THEREOF, OF LOT 2 IN BUTLER COMPANY M -1 INCORPORATED ASSESSMENT PLAT NO 2 OF PART OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID GLIDDEN SUBDIVISION NO 1 RECORDED OCTOBER 3, 1969 AS DOCUMENT R69- 43878, IN DUPAGE COUNTY, ILLINOIS Ordinance 2005- ZO -SU -S -1117 Granting Special Uses to Oak Brook Promenade, 3001 -3003 and 3121 Butterfield Road, Oak Brook, IL, (06 -28- 103 -009, 06 -28- 103 -014, 06 -28- 103 -005, 06 -28- 103 -018, 06 -28- 103 -019) Page 4 of 6 PARCEL 4 06 -28- 103 -014 THAT PART OF NORTHERN ILLINOIS GAS COMPANY PARCEL NO NIG 2 -63 AS SHOWN ON NORTHERN ILLINOIS GAS COMPANY YORK TOWNSHIP ASSESSMENT PLAT NO 1, DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHEAST CORNER OF LOT 1 IN GLIDDEN SUBDIVISION AS RECORDED OCTOBER-3, 1969 AS DOCUMENT R69 -43878 AND PROCEEDING SOUTH 28 DEGREES 48 MINUTES EAST ALONG A SOUTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 1, A DISTANCE OF 82 73 FEET, MORE OR LESS, TO A POINT ON THE NORTHERLY LINE OF NORTHERN ILLINOIS TOLL HIGHWAY PARCEL E -2 -63 5, THENCE SOUTH 65 DEGREES 27 MINUTES 37 SECONDS WEST ALONG SAID NORTHERLY LINE 265 61 FEET, MORE OR LESS, TO THE INTERSECTION OF THE SOUTHERLY EXTENSION OF THE WESTERLY LINE OF LOT 2 IN BUTLER COMPANY M -1, INC ASSESSMENT PLAT NO 2 RECORDED JULY 8, 1964 AS DOCUMENT R64 -24069 AND THE AFOREMENTIONED NORTHERLY LINE, THENCE NORTH 28 DEGREES 48 MINUTES WEST ALONG SAID SOUTHERLY EXTENSION, 82 73 FEET, MORE OR LESS, TO THE SOUTHWEST CORNER OF LOT 2 IN THE AFOREMENTIONED BUTLER COMPANY ASSESSMENT PLAT (SAID CORNER BEING ON THE NORTH LINE OF NORTHERN ILLINOIS GAS COMPANY PROPERTY PARCEL NO NIG 2 -63), THENCE NORTH 65 DEGREES 27 MINUTES 37 SECONDS EAST ALONG SAID NORTH LINE (SAID LINE BEING COINCIDENT WITH THE SOUTH LINE OF AFOREMENTIONED LOT 2),265 61 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, ALL IN SECTION 28, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS PARCEL 5 - 06 -28- 103 -018 and 06 -28- 103 -019 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 Ordinance 2005- ZO -SU -S -1117 Granting Special Uses to Oak Brook Promenade, 3001 -3003 and 3121 Butterfield Road, Oak Brook, IL, (06 -28- 103 -009, 06 -28- 103 -014, 06 -28- 103 -005, 06 -28- 103 -018, 06 -28- 103 -019) Page 5 of 6 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 -631, 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 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, IN DUPAGE COUNTY, ILLINOIS Section 4 All ordinances or parts thereof in conflict with the provisions of this ordinance be and the same are hereby repealed to the extent of such conflict Section 5 Notwithstanding the approval herein of the above - mentioned plans, exhibits, and Booklet, the Petitioner shall meet all Village ordinance and code requirements as in effect at the time of the issuance of a building permit or permits Section 6 This ordinance shall be in full force and effect from and after its passage and approval as required by law, subject to the approval of the annexation of Parcel 5 to the Village of Oak Brook and approval and establishment of the Promenade Tax Increment Financing District and a Redevelopment Agreement by and between the Village and Petitioner, or waiver of this requirement by Petitioner, on or before December 31, 2005 Ayes Nays Absent Ordinance 2005- ZO -SU -S -1117 Granting Special Uses to Oak Brook Promenade, 3001 -3003 and 3121 Butterfield Road, Oak Brook, IL, (06 -28- 103 -009, 06 -28- 103 -014, 06 -28- 103 -005, 06 -28- 103 -018, 06 -28- 103 -019) Page 6 of 6 APPROVED THIS 26th day of April , 2005 e Kevi Quinlan, Vil ge President PASSED THIS 26th day of April , 2005 Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis None None raj jyc'' 'rte+ ��x{'`EFYNt FE, '0-f'j ATTEST Linda K Gonnella, CMC Village Clerk 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 April 26, 2005 , the corporate authorities of the above municipality passed and approved Ordinance 2005- ZO -SU -S -1117 , AN ORDINANCE GRANTING SPECIAL USES TO OAK BROOK PROMENADE FOR OUTDOOR DINING AREAS ADJACENT TO UP TO THREE RESTAURANTS (Oak Brook Promenade, 3001 -3003 and 3121 Butterfield Road, Oak Brook, Illinois 60523) (06 -28- 103 -009, 06 -28- 103 -014, 06 -28- 103 -005, 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. ♦ 111{.1,%, Vl \J"im Ll VV11 DuPage and Cook Counties, IL