S-1292 - 09/14/2010 - ANNEXATION - Ordinances Supporting DocumentsAGENDA ITEM
Regular Board of Trustees Meeting
of
September 14, 2010
ITEN 6.E. 1)
111 1 11 11111
SUBJECT: Plat of Disconnection — Westmont Park District
FROM: Robert L. Kallien Jr., AICP, Community Development Director ` .V�
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDATION: Approve and Authorize Execution of the Agreement
Background/History:
The Westmont Park District has submitted a petition requesting approval of a plat of
disconnection for a .7536 acre tract located at the southeast corner of 35th Street and Cass Avenue.
This area is shown (highlighted) as "Parcel B" on the attached annexation plat. The Westmont
Park District owns the vacant parcel and is seeking disconnection from the Village of Oak Brook
and annexation into the Village of Westmont.
Oak Brook Village Staff along with Village Attorney Sterk have reviewed this request and
recommend its approval.
Recommendation:
Approve and authorize execution of the petition.
N nn
Last saved by administrator I: \ComDev \GPOLANEK \1 -FROM BOB\Bot -PC - ZBA\BOT -Plat of Disconnection - Westmont Park District- Sept2010.doc
ORDINANCE 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 -34; 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 5/7 -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 -3 -4; 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.
Nays:
APPROVED THIS 14" day of September, 2010.
John W. Craig
Village President
PASSED THIS 14" day of September, 2010.
ATTEST:
Charlotte K. Pruss
Village Clerk
EXHIBIT "A"
LEGAL DESCRIPTION
Ordinance 2010- AN -D -S -1292
Disconnection to Westmont Pk. Dist.
Page 2 of 4
Ordinance 2010- AN -D -S -1292
Disconnection to Westmont Pk. Dist.
Page 3 of 4
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 )
Ordinance 2010- AN -D -S -1292
Disconnection to Westmont Pk. Dist.
Page 4 of 4
CERTIFICATION
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 No.
2010- , "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.
Charlotte K. Pruss
Village Clerk
SEAL
WFSTMONTCOMMUNITYCENTER
BOARDOF
75 EAST RICHMOND STREET
COMMISSIONERS
WESTMONT, ILLINOIS 60559 -1894
Robert Bernas
(630)963 -5252 PHONE
James Long
(630) 963 -5259 FAX
Diane Main
Sandra Smith
www.wpci4fm.org
John Karesh
DBiECTOR
Ronald J. Gunter
July 30, 2010
Mr. Robert Killien, Jr.
Community Development Director
Village of Oak Brook
1200 Oak Brook Rd.
Oak Brook, IL 60523
Re: Plat of Disconnection for the Westmont Park District
Dear Mr. Killien:
Per your request I am submitting four (4) sets of our Petition, Plat of Disconnection and
the original 1986 Plat of Annexation to Westmont for our property at 35th St. and Cass
Avenue. Please review these and inform me if there are any modifications or additional
information that you may require.
When the Petition has been approved we will submit the original copies with signatures
to your Village Board for signature. Again, I thank the Village for their cooperation and
willingness to work with the Westmont Park District in an effort to complete what should
have been done in 1986.
With regards,
Robert A. Fleck
Superintendent of Parks and Planning
Encl: 4
Date: July 29, 2010
TO: The President and Board of Trustees
Of the Village of Oak Brook,
DuPage County, Illinois
The Petitioner, Westmont Park District, respectfully states under oath as follows:
1. Petitioner is the sole owner of land legally discribed on Exhibit 1 attached hereto
( "Tract ") comprising .7536 acres in a crescent shape parcel bounded by Old Cass Avenue.to the
West, 35" Street to the North, and other property owned by the Westmont Park District and
incorporated in the Village of Westmont on the South and East.
2. The Tract is situated within the limits of the Village of Oak Brook and is contiguous to
the Village of Westmont.
3. There are no electors residing in the Tract.
4. The foregoing statements are true to the best of Petitioner's knowledge and information.
WHEREFORE, Petitioner respectfully requests:
A. That the Tract described on Exhibit 1 be disconnected from the Village of Oak Brook
by ordinance of the President and Board of Trustees of the Village of Oak Brook,
pursuant to Section 7 -3 -4 of the Illinois Municipal Code, as amended: and
B. The Plat of Disconnection presented with this Petition be completed and signed by the
Village Clerk where indicated, and filed with the DuPage County Recorder of Deeds.
C. That the Village of Oak Brook take whatever other action is deemed necessary and
appropriate to effectuate the disconnection of the Tract.
Westmont Park District (Owner)
By:
Its President
Attest:
Secretary
.v=o
_ I� POf P9R
6 Mi
i
L _
1 '`1
Y.-.
f
�Jl:i!i'I
" �Iz
R
r
L
n
r
n '
i
.I
S ` g
a
o .
;m
I.
( 3d
Aw
V')
vy.
CC9
.8�
as -:: a3. ya lm
�P T
gL A A
2 F
IAS
e
I�
r: -
S:
a=?
f�4
_Y[
Wk
O
m O
C
r m
r
m
C- zT
1 , 1
/mom
VJ
O O
Z Z
=
S
e 3
m
1.5
=
m
£i
1 I 4
S
� ;
x�J39e4834
x
�
�
i � a238
p
C 3
%`
e- 3'243: = =•
�2P 4 3a�
3
44'SS
i
L _
1 '`1
Y.-.
f
�Jl:i!i'I
" �Iz
R
r
L
n
r
n '
i
.I
S ` g
a
o .
;m
I.
( 3d
Aw
V')
vy.
CC9
.8�
as -:: a3. ya lm
�P T
gL A A
2 F
IAS
e
I�
r: -
S:
a=?
f�4
_Y[
Wk
O
m O
C
r m
r
m
C- zT
1 , 1
/mom
VJ
O O
Z Z
m
=
m
--
i
`
i
L _
1 '`1
Y.-.
f
�Jl:i!i'I
" �Iz
R
r
L
n
r
n '
i
.I
S ` g
a
o .
;m
I.
( 3d
Aw
V')
vy.
CC9
.8�
as -:: a3. ya lm
�P T
gL A A
2 F
IAS
e
I�
r: -
S:
a=?
f�4
_Y[
Wk
O
m O
C
r m
r
m
C- zT
1 , 1
/mom
VJ
O O
Z Z