S-1355 - 11/13/2012 - REPEAL - Ordinances Supporting DocumentsITEM 9.A. I)
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AGENDA ITEM
Regular Board of Trustees Meeting
of
November 13, 2012
SUBJECT: S -Curve Parcel
FROM: Peter Friedman, Village Attorney
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move for passage of Ordinance S -1352, An Ordinance
Repealing Ordinance 2011- AN -D -S -1307.
Background/History:
In 1984, the County of DuPage, the Village of Westmont, the Village of Oak Brook (I'Village'D,
and the Estate of Paul Butler entered into an agreement providing for the reconfiguration of the
intersection at 35s' Street and Cass Road. The reconfiguration of the intersection created a small
parcel of land commonly known as the S -Curve Parcel. The Estate of Paul Butler deeded the S-
Curve Parcel to the Village of Westmont pursuant to a restrictive covenant that required the S-
Curve Parcel to be used only for passive park purposes. While title of the S -Curve Parcel was
given to the Village of Westmont, the S -Curve Parcel was located within the boundaries of the
Village of Oak Brook. Shortly after the S -Curve Parcel was deeded to the Village of Westmont,
the Village of Westmont transferred title to the S -Curve Parcel to the Westmont Park District.
The Westmont Park District still owns the S -Curve Parcel.
On September 14, 2010, the Village of Oak Brook adopted Ordinance 2010- AN -D -S -1292 to
disconnect the S -Curve Parcel from the Village ( "Disconnection Ordinance "). After learning
that the Westmont Park District was planning on developing the S -Curve Parcel in a manner that
was inconsistent with the restrictive covenant, the Village adopted Ordinance 2011- AN -D -S-
1307 to repeal the Disconnection Ordinance ( "Repeal Ordinance'D.
In March of 2012, the Westmont Park District brought a lawsuit against the Village, asking the
DuPage Circuit Court to declare that the Repeal Ordinance was void. On September 24, 2012,
the Village and the Westmont Park District entered into an Agreed Settlement and Order of
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Dismissal of the lawsuit, resolving the litigation. Pursuant to the Agreed Settlement and Order
of Dismissal, the Westmont Park District recognized that the restrictive covenant runs with the
land, is enforceable, and restricts the use of the Subject Property to passive park purposes. In
exchange, the Village agreed to adopt Ordinance 2012 - REPEAL- AN -D -S -1355 to repeal the
Repeal Ordinance, thereby making clear that the S -Curve Parcel is no longer within the
boundaries of the Village of Oak Brook.
Recommendation:
I recommend that the Village Board adopt Ordinance 2012- REPEAL- AN -D -S -1355.
ORDINANCE 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 ( "WPO') 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.
PASSED THIS 13th day of November, 2012.
Ayes:
Nays:
Absent:
Gopal G. Lalmalani
Village President
ATTEST:
Charlotte K. Pruss
Village Clerk