S-1444 - 11/10/2015 - VARIATION - OrdinancesDUPAGE COUNTY RECORDER
NOV.19,2015 10:12 AM
OTHER X41.00 06-25-200-016
015 PAGES 82015-127153
Space For Recorder's Office Only)
VILLAGE OF OAK BROIL
1200 Oak Brook Road \\
Oak Brook, IL 60523-2255
D DOCUMENT TITLE PAGE
Title of Document: ORDINANCE 2015-ZO-V-EX-S-1444 AN ORDINANCE GRANTING VARIATIONS
FROM CERTAIN PROVISIONS OF SECTION 13-11-10 OF TITLE 13 ("ZONING REGULATIONS'1 OF
THE VILLAGE OF OAK BROOK RELATIVE TO A WALL SIGN FOR THE PROPERTY AT 2301 YORK
ROAD IN THE"VILLAGE OF OAK BROOK ILLINOIS
Property Address/es 2301 York Road Oak Brook, Illinois 60523
If vacant land, so state and list nearest cross streets)
PIN No(s). 06-25-200-016
Name and Address of Applicant: James and Tely Nagle
2301 York Road
Oak Brook, IL 60523
Name and Address of Responsible: Same
Party to Receive Copy of
Recorded Document and Billing James and Tely Nagle
2301 York Road
Oak Brook, IL 60523
G/L Account to be charged:
Prepared By and Return to:
10-1365
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523-2255
Name &Address of Recipient Same
of Consideration (when applicable):
G/L Account to be charged 10-1365
FRED BUCHOLZ 82015-127153 DUPAGE COUNTY RECORDER
ORDINANCE 2015-ZO-V-EX-S-1444
AN ORDINANCE GRANTING VARIATIONS FROM CERTAIN
PROVISIONS OF SECTION 13-11-10 OF TITLE 13
(`ZONING REGULATIONS") OF THE VILLAGE OF OAK BROOK
RELATIVE TO A WALL SIGN FOR THE PROPERTY AT
2301 YORK ROAD IN THE VILLAGE OF OAK BROOK, ILLINOIS
(PIN: 06-25-200-016)
WHEREAS, an application was filed by The Drake Oak Brook Resort, LLC ("Owner"), the owner
of the property located at 2301 York Road, Oak Brook, Illinois and legally described in Exhibit A attached
hereto and incorporated herein ("Property"), requesting variations from Sections 13-11-10C.8 and 13-
11-10E.4 (collectively, "Variations") of the `Zoning Ordinance of the Village of Oak Brook," as amended
("Zoning Regulations"), to allow for the construction of a wall sign on the Property ("Wall Sign"); and
WHEREAS, Section 13-11-10C.8 of the Zoning Regulations does not permit wall signs to be
anchored in the center of a building's wall in the B4 Zoning District; and
WHEREAS, Section 13-11-10E.4 of the Zoning Regulations does not permit wall signs to be
affixed to HVAC screening protruding from the roof of a structure in the B4 Zoning District; and
WHEREAS, the Petitioner cannot install the Wall Sign without obtaining Variations because the
Petitioner proposes to install the Wall Sign on the center of the wall of the Property's mechanical room
tower and affixed to the HVAC screening; and
WHEREAS, on October 6, 2015, the Oak Brook Zoning Board of Appeals ("ZBA") conducted a
public hearing on the request for the Variations, pursuant to due and appropriate legal notice; and
WHEREAS, after the close of the public hearing, the ZBA found that the Petitioner satisfactorily
addressed the standards required for approval of the requested Variations set forth in Section 13-14-6D
of the Zoning Regulations and, in a letter to the President and Board of Trustees dated October 19, 2015,
recommended approval of the Variations subject to certain conditions; and
WHEREAS, the President and Board of Trustees have reviewed the recommendations of the
Zoning Board of Appeals and deem the Variations, as set forth below, to be in the best interests of the
Village.
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 restated and incorporated herein as the
findings of the President and Board of Trustees.
Section 2. Grant of Variations to Sections 13-11-10C.8 and 13-11-10E.4 of the Zoning
Regulations. Pursuant to the standards set forth in Section 13-14-61D of the Zoning Regulations, and
subject to and contingent upon the conditions set forth in Section 3 of this Ordinance, the Petitioner is
hereby granted variations from Section 13-11-10C.8 and 13-11-10E.4 of the Zoning Regulations to allow
for the construction of a 137.5 square foot Wall Sign to be located on the center of the mechanical room
tower of the building and to be attached to HVAC screening.
Ordinance 2015-ZO-V-EX-S-1444
Drake Oak Brook Resort, LLC — 2301 York Road
Variation —Wall Sign
PIN: 06-25-200-016
Page 2 of 12
Section 3. Conditions. The approval of the Variations granted in Section 2 of this Ordinance
are expressly subject to and contingent upon each of the following conditions:
A. Substantial Conformance with Plans. The Wall Sign shall be constructed in substantial
conformance with the plan prepared by EZ Tech Design Inc., attached hereto and
incorporated herein as Exhibit B; and
B. Compliance with Zoning Regulations and Village Code. The Owner shall comply with the
Zoning Regulations and all of the provisions contained in the "Village Code of the Village of
Oak Brook, Illinois," as amended, that were in effect on the date that the Owner submitted his
building permit application to the Village except as specifically varied or waived by this
Ordinance; and
C. Compliance with Applicable Law. In addition to the other specific requirements of this
Ordinance, the Property, the Wall Sign, and all of the operations and activities conducted on
and in the Property, must comply at all times with all applicable federal, state, and Village
statutes, ordinances, resolutions, rules, codes, and regulations.
Section 4. Failure to Comply with Conditions. Upon failure or refusal of the Owner to
comply with any or all of the conditions, restrictions, or provisions of this Ordinance, the Variations
granted in Section 2 of this Ordinance will, at the sole discretion of the President and Board of Trustees,
by ordinance duly adopted, be revoked and become null and void.
Section 5. Binding Effect: Non -Transferability. The privileges, obligations, and provisions of
each and every section and provision of this Ordinance are for and inure to the benefit of and run with
and bind the Property, unless otherwise explicitly set forth in this Ordinance.
Section 6. Severability. 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 7. Effective Date.
A. This Ordinance will be effective only upon the occurrence of all of the following events:
i. Passage by the President and Board of Trustees of the Village of Oak Brook
in the manner required by law;
ii. Publication in pamphlet form in the manner required by law; and
iii. The filing by the Owner with the Village Clerk, for recording in the Office of
the DuPage County Recorder of Deeds, of an executed unconditional
agreement and consent to accept and abide by each and all of the terms,
conditions, and limitations set forth in this Ordinance, which unconditional
agreement and consent must be substantially the same form as attached
hereto and incorporated herein as Exhibit C.
B. In the event that the Owner does not file with the Village Clerk the unconditional agreement
and consent required by Paragraph 7.A.iii. of this Ordinance within 60 days after the date of
final passage of this Ordinance, the Board of Trustees of Trustees will have the right, in their
sole discretion, to declare this Ordinance null and void and of no force or effect.
[SIGNATURE PAGE FOLLOWS]
Ayes
Nays:
Ordinance 2015-ZO-V-EX-S-1444
Drake Oak Brook Resort, LLC — 2301 York Road
Variation — Wall Sign
PIN: 06-25-200-016
Page 3 of 12
APPROVED THIS 10'h day of November, 2015. /
Gopal G. Lalmalani
Village President
PASSED THIS 10th day of November, 2015.
Trustees Adler, Manzo, Moy, Tiesenga
None
Absent: Trustee Baar, Trustee Yusuf (for this vote)
ATTEST:
Charlotte K. Pruss
Village Clerk
EXHIBIT A
LEGAL DESCRIPTION
PROPERTY
Ordinance 2015-ZO-V-EX-S-1444
Drake Oak Brook Resort, LLC — 2301 York Road
Variation —Wall Sign
PIN: 06-25-200-016
Page 4 of 12
The subject property is located at 2301 York Road, Oak Brook, Illinois 60523 and the legal description is
as follows:
PARCEL 1:
LOT 2 IN JAY C. BENNETT COUNTY CLERK'S DRAKE OAK BROOK INC. ASSESSMENT PLAT, IN
THE NORTHEAST Y4 OF SECTION 25, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 11, 1982 AS
DOCUMENT R82-06212, IN DU PAGE COUNTY, ILLINOIS.
PARCEL 2:
PERPETUAL EASEMENT FOR THE BENEFIT OF PARCEL 1 AFORESAID, AS CREATED BY
AGREEMENT BETWEEN YORK WOODS, INC., AN ILLINOIS CORPORATION, AND THE DRAKE OAK
BROOK, INC., A DELAWARE CORPORATION, DATED MAY 31, 1961 AND RECORDED JUNE 22,
1961 AS DOCUMENT R61-11408, FOR PASSAGEWAY, DECORATIVE AND LANDSCAPING USES
OVER THAT PART OF THE NORTHEAST Y4 OF SECTION 25, TOWNSHIP 39 NORTH, RANGE 11,
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST Y4 OF SAID SECTION 25,
ALSO BEING THE INTERSECTION OF THE CENTER LINES OF YORK ROAD AND 22ND STREET
(CERMAK ROAD); THENCE NORTH 89 DEGREES 44 MINUTES 42 SECONDS EAST, ALONG THE
NORTH LINE OF THE NORTHEAST'/4 OF SAID SECTION 25, ALSO BEING THE CENTER LINE OF
22"D STREET(CERMAK ROAD) A DISTANCE OF 741.12 FEET FOR A POINT OF BEGINNING;
THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 75.0 FEET TO A
POINT ON THE NORTH LINE OF NORTHERN ILLINOIS GAS COMPANY PROPERTY; THENCE
NORTH 89 DEGREES 44 MINUTES 42 SECONDS EAST, ALONG THE NORTH LINE OF NORTHERN
ILLINOIS GAS COMPANY PROPERTY, BEING A LINE 75 FEET SOUTH OF AND PARALLEL TO THE
NORTH LINE OF THE NORTHEAST % OF SAID SECTION 25, A DISTANCE OF 177.76 FEET;
THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 75.0 FEET TO A
POINT ON THE NORTH LINE OF THE NORTHEAST Y4 OF SAID SECTION 25; THENCE SOUTH 89
DEGREES 44 MINUTES 42 SECONDS WEST, ALONG THE NORTH LINE OF THE NORTHEAST 1/4
OF SAID SECTION 25, A DISTANCE OF 177.76 FEET TO THE POINT OF BEGINNING, IN DU PAGE
COUNTY, ILLINOIS.
PARCEL 3:
PERPETUAL EASEMENT FOR THE BENEFIT OF PARCEL 1, AFORESAID, AS CREATED BY
AGREEMENT BETWEEN THE DRAKE OAK BROOK, INC., A DELAWARE CORPORATION, BUTLER
COMPANY, AN ILLINOIS CORPORATION, AND YORK WOODS, INC., AN ILLINOIS CORPORATION
DATED MAY 31, 1961 AND RECORDED JUNE 22, 1961 AS DOCUMENT R61-11408 FOR
PASSAGEWAY, DECORATIVE AND LANDSCAPING USES, OVER THAT PART OF THE NORTHEAST
Y4 OF SECTION 25, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST Y4 OF SAID SECTION 25,
ALSO BEING THE INTERSECTION OF THE CENTER LINES OF YORK ROAD AND 22ND STREET
(CERMAK ROAD); THENCE NORTH 89 DEGREES 44 MINUTES 42 SECONDS EAST, ALONG THE
NORTH LINE OF THE NORTHEAST % OF SAID SECTION 25, ALSO BEING THE CENTER LINE OF
22ND STREET(CERMAK ROAD) A DISTANCE OF 741.12 FEET; THENCE SOUTH 00 DEGREES 00
Ordinance 2015-ZO-V-EX-S-1444
Drake Oak Brook Resort, LLC — 2301 York Road
Variation — Wall Sign
PIN: 06-25-200-016
Page 5 of 12
MINUTES 00 SECONDS EAST, A DISTANCE OF 75.0 FEET TO A POINT ON THE NORTH LINE OF
THE NORTHERN ILLINOIS GAS COMPANY PROPERTY FOR A POINT OF BEGINNING; THENCE
CONTINUING SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 75.0 FEET
TO A POINT ON THE SOUTH LINE OF NORTHERN ILLINOIS GAS COMPANY PROPERTY; THENCE
NORTH 89 DEGREES 44 MINUTES 42 SECONDS EAST, ALONG THE SOUTH LINE OF THE
NORTHERN ILLINOIS GAS COMPANY PROPERTY, BEING A LINE 150.0 FEET SOUTH OF AND
PARALLEL TO THE NORTH LINE OF THE NORTHWEST % OF SAID SECTION 25, A DISTANCE OF
177.76 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF
75.0 FEET TO A POINT IN THE NORTH LINE OF NORTHERN ILLINOIS GAS COMPANY PROPERTY;
THENCE SOUTH 89 DEGREES 44 MINUTES 42 SECONDS WEST, ALONG THE NORTH LINE OF
THE NORTHERN ILLINOIS GAS COMPANY PROPERTY, BEING A LINE 75.0 FEET SOUTH OF AND
PARALLEL TO THE NORTH LINE OF THE NORTHEAST Y4 OF SAID SECTION 25, A DISTANCE OF
177.76 FEET TO THE POINT OF BEGINNING, IN DUPAGE COUNTY, ILLINOIS.
PARCEL 4:
PERPETUAL EASEMENT FOR THE BENEFIT OF PARCEL 1, AFORESAID, AS CREATED BY
AGREEMENT BETWEEN THE DRAKE OAK BROOK, INC., A DELAWARE CORPORATION, BUTLER
COMPANY, AN ILLINOIS CORPORATION, AND YORK WOODS, INC., AN ILLINOIS CORPORATION
DATED MAY 31, 1961 AND RECORDED JUNE 22, 1961 AS DOCUMENT R61-11408 FOR
PASSAGEWAY, DECORATIVE AND LANDSCAPING USES, OVER THAT PART OF THE NORTHEAST
OF SECTION 25, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST % OF SAID SECTION 25,
ALSO BEING THE INTERSECTION OF THE CENTER LINES OF YORK ROAD AND 22ND STREET
(CERMAK ROAD); THENCE NORTH 89 DEGREES 44 MINUTES 42 SECONDS EAST, ALONG THE
NORTH LINE OF THE NORTHEAST % OF SAID SECTION 25, ALSO BEING THE CENTER LINE OF
22ND STREET(CERMAK ROAD) A DISTANCE OF 741.12 FEET; THENCE SOUTH 00 DEGREES 00
MINUTES 00 SECONDS EAST, A DISTANCE OF 150.0 FEET TO A POINT ON THE SOUTH LINE OF
THE NORTHERN ILLINOIS GAS COMPANY PROPERTY FOR A POINT OF BEGINNING; THENCE
CONTINUING SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 198.16
FEET; THENCE NORTH 45 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 65.47
FEET; THENCE NORTH 89 DEGREES 44 MINUTES 42 SECONDS EAST, A DISTANCE OF 84.80
FEET; THENCE NORTH 45 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 66.00
FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 105.61
FEET TO A POINT ON THE SOUTH LINE OF THE NORTHERN ILLINOIS GAS COMPANY
PROPERTY; THENCE SOUTH 89 DEGREES 44 MINUTES 42 SECONDS WEST, ALONG THE SOUTH
LINE OF THE NORTHERN ILLINOIS GAS COMPANY PROPERTY, BEING A LINE 150.0 FEET SOUTH
OF AND PARALLEL TO THE NORTH LINE OF THE NORTHEAST Y4 OF SAID SECTION 25, A
DISTANCE OF 177.76 FEET TO THE POINT OF BEGINNING, IN DU PAGE COUNTY, ILLINOIS.
PARCEL 5:
PERMANENT EASEMENT FOR THE BENEFIT OF PARCEL 1, AFORESAID, AS CREATED BY GRANT
FROM NORTHERN ILLINOIS GAS COMPANY, A CORPORATION OF ILLINOIS, TO THE DRAKE OAK
BROOK, INC. A CORPORATION OF DELAWARE AND YORK WOODS, INC., A CORPORATION OF
ILLINOIS DATED JUNE 9, 1961 AND RECORDED JUNE 28, 1961 AS DOCUMENT R61-12102, TO
CONSTRUCT, MAINTAIN, RECONSTRUCT AND REPAIR WALLS, FOUNDATIONS AND FOOTINGS
FOR ACCESS ROAD ENTRANCE IN AND UPON THE FOLLOWING DESCRIBED PREMISES:
THE EAST 200 FEET OF THE WEST 930 FEET (EXCEPT THAT PART FALLING IN PARCEL 1) OF
THAT PART OF THE NORTHEAST Y4 SECTION 25, TOWNSHIP 39 NORTH, RANGE 11, EAST OF
THE THIRD PRINCIPAL MERIDIAN, BEING HELD IN TITLE BY THE NORTHERN ILLINOIS GAS
COMPANY, DESCRIBED AS FOLLOWS:
Ordinance 2015-ZO-V-EX-S-1444
Drake Oak Brook Resort, LLC — 2301 York Road
Variation — Wall Sign
PIN: 06-25-200-016
Page 6 of 12
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST '/ OF SAID SECTION 25,
THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, ALONG THE WEST LINE OF THE
NORTHEAST % OF SECTION 25, A DISTANCE OF 75.0 FEET TO A POINT FOR A POINT OF
BEGINNING; THENCE NORTH 89 DEGREES 44 MINUTES 42 SECONDS EAST, PARALLEL WITH
AND 75 FEET SOUTH (MEASURED AT RIGHT ANGLES) OF THE NORTH LIEN OF SECTION 25, A
DISTANCE OF 930.0 FEET TO A POINT; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS
WEST A DISTANCE OF 75.0 FEET TO A POINT; THENCE SOUTH 89 DEGREES 44 MINUTES 42
SECONDS WEST, ALONG A LINE PARALLEL WITH THE NORTH LINE OF SAID SECTION 25 AND
150 FEET SOUTH THEREOF (MEASURED AT RIGHT ANGLES), A DISTANCE OF 930.0 FEET TO A
POINT ON THE WEST LINE OF THE NORTHEAST % OF SECTION 25; THENCE NORTH 00
DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 75 FEET TO THE POINT OF
BEGINNING, IN DUPAGE COUNTY, ILLINOIS
PARCEL 6:
EASEMENT FOR THE BENEFIT OF PARCEL 1 CREATED BY GRANT CONTAINED IN A DEED
DATED DECEMBER 31, 1981 AND RECORDED JANUARY 29, 1982 AS DOCUMENT R82-03724
FROM THE DRAKE OAK BROOK, INC. TO THE VILLAGE OF OAK BROOK, FOR THE RIGHT OF
ACCESS OVER THE FOLLOWING DESCRIBED LAND:
LOT 3 OF JAY C. BENNETT COUNTY CLERK'S DRAKE OAK BROOK, INC. ASSESSMENT PLAT IN
THE NORTHEAST Y4 OF SECTION 25, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 11, 1982 AS
DOCUMENT R82-06212, IN DU PAGE COUNTY, ILLINOIS (EXCEPTING THAT PART THEREOF
UTILIZED AS A PUBLIC ROAD AND ALL IMPROVEMENTS APPURTENANT THERETO).
PARCEL T
EASEMENT FOR THE BENEFIT OF PARCEL 1 AS CREATED BY AGREEMENT OF COVENANTS,
CONDITIONS, RESTRICTIONS AND EASEMENTS DATED DECEMBER 15, 2004 AND RECORDED
DECEMBER 17, 2004, AS DOCUMENT R2004-316160, MADE BY AND BETWEEN 2211-15 YORK
ROAD LLC, AN ILLINOIS LIMITED LIABILITY COMPANY AND 2301 YORK ROAD LLC, AND ILLINOIS
LIMITED LIABILITY COMPANY, FOR NONEXCLUSIVE RECIPROCAL EASEMENTS FOR
PEDESTRIAN INGRESS AND EGRESS ACROSS THOSE PORTIONS OF LOT 1 OF JAY C. BENNETT
COUNTY CLERK'S DRAKE OAK BROOK, INC. ASSESSMENT PLAT AS DESCRIBED THEREIN.
PARCEL 8:
EASEMENT FOR THE BENEFIT OF PARCEL 1 AS CREATED BY AGREEMENT OF COVENANTS,
CONDITIONS, RESTRICTIONS AND EASEMENTS DATED DECEMBER 15, 2004 AND RECORDED
DECEMBER 17, 2004, AS DOCUMENT R2004-316160, MADE BY AND BETWEEN 2211-15 YORK
ROAD LLC, AN ILLINOIS LIMITED LIABILITY COMPANY AND 2301 YORK ROAD LLC, AN ILLINOIS
LIMITED LIABILITY COMPANY, FOR AN EXCLUSIVE EASEMENT OVER THE HOTEL DEDICATED
PARKING GARAGE SPACES FOR PARKING PURPOSES AND ITS PERMITEES THE PEDESTRIAN
WALKS, RAMPS AND DRIVEWAYS IN THE PARKING GARAGE AND ON THE OFFICE PARCEL THAT
PROVIDE INGRESS AND EGRESS FROM THE PARKING GARAGE.
PERMANENT INDEX NUMBER: 06-25-200-016
Ordinance 2015-ZO-V-EX-S-1444
Drake Oak Brook Resort, LLC — 2301 York Road
Variation — Wall Sign
PIN: 06-25-200-016
Page 7 of 12
EXHIBIT B
SIGN PLAN
Installnev
The Drake channel letters
mounted in the wall connected to
existing 120vt from previous sign
Face white,Trim Cap 1" color black
blunrinated box to be built as a letter, with aluminum return, trim cap and lace.
Raceway Mounted Letter Cross Section Detail
Alf t*fxv to be V1
wieda'd .+.kb
FRONT VIEW SIDE VIEW FLUSH MOUNT
EZ -TECH DESIGN INC.
218 S. River SL Aurora IL 60506
Phone: 1.877.352.EZTD (3983)
Fat:: 877-892-7937
Emu ll: I.F.C.—Ed—on
Web: http://e -rd.mm
Copyright
NOTE: Photo for representational purposes only. Signs are not to scale and may appear larger or smaller than shown.
30011 �
6� 1DNe,1Dr,1ke
Scale:
Designer. Dw Location:
Rev: X
;t 'r Address:
X
X Date:
IApproval:
I I.D. # Artwork # I Drawing #
As Shown
EXHIBIT 6 ��
Inoonling varies -
Aluminum relumi
Flex conduit to transformer box—
Aluminum books i
5, aluminum raNms
Acryfo foto
1' him cop
Flax conduit connator
Flox condull conneclor --
cllnMod
and caulked scams
Transformer -- -
with disconnect
LED tleml,,won
I
LED Illumlnellon
Droln bolos
Alf t*fxv to be V1
wieda'd .+.kb
FRONT VIEW SIDE VIEW FLUSH MOUNT
EZ -TECH DESIGN INC.
218 S. River SL Aurora IL 60506
Phone: 1.877.352.EZTD (3983)
Fat:: 877-892-7937
Emu ll: I.F.C.—Ed—on
Web: http://e -rd.mm
Copyright
NOTE: Photo for representational purposes only. Signs are not to scale and may appear larger or smaller than shown.
30011 �
6� 1DNe,1Dr,1ke
Scale:
Designer. Dw Location:
Rev: X
;t 'r Address:
X
X Date:
IApproval:
I I.D. # Artwork # I Drawing #
As Shown
EXHIBIT 6 ��
Ordinance 2015-ZO-V-EX-S-1444
Drake Oak Brook Resort, LLC — 2301 York Road
Variation —Wall Sign
PIN: 06-25-200-016
Page 8 of 12
EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Oak Brook, Illinois ("Village")
WHEREAS, an application was filed by The Drake Oak Brook Resort, LLC ("Owner's, the owner
of the property located at 2301 York Road, Oak Brook, Illinois and legally described in Exhibit A attached
hereto and incorporated herein ("Property"), requesting a variation from Sections 13-11-10C.8 and 13-
11-10E.4 ("Variations") of the "Zoning Ordinance of the Village of Oak Brook," as amended ("Zoning
Regulations"), to allow for the construction of a wall sign on the Property as depicted in Exhibit B
attached hereto and incorporated herein ("Wall Sign"); and
WHEREAS, Ordinance No. 2015-ZO-V-EX-S-1444, adopted by the President and Board of
Trustees of the Village of Oak Brook on November 10, 2015 ("Ordinance"), grants approval of the
Variations, subject to certain modifications, conditions, restrictions, and provisions; and
WHEREAS, Subsection 7 of the Ordinance provides, among other things, that the Ordinance will
be of no force or effect unless and until the Owner files this Unconditional Agreement and Consent with
the Village Clerk and consents to accept and abide by each of the terms, conditions and limitations set
forth in the Ordinance;
NOW, THEREFORE, the Petitioner and Owner do hereby agree and covenant as follows:
1. The Owner hereby unconditionally agrees to accept, consent to, and abide by all of the terms,
conditions, restrictions, and provisions of the Ordinance.
2. The Owner acknowledges and agrees that: (i) public notices and hearings have been properly
given and held with respect to the adoption of the Ordinance; (ii) the Owner has considered the possibility
that the Variations granted by the Ordinance may be revoked if the Owner does not comply with the
Ordinance; and (iii) the Owner agrees not to challenge any such revocation on the grounds of any
procedural infirmity or a denial of any procedural right.
3. The Owner acknowledges and agrees that the Village is not and will not be, in any way, liable for
any damages or injuries that may be sustained as a result of the Village's issuance of any permits for the
construction or use of the Wall Sign 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 Owner against damage or injury of any kind
and at any time.
4. The Owner agrees to and does hereby hold harmless and indemnify the Village, the Village's
corporate authorities, and all Village elected and appointed officials, officers, employees, agents,
representatives, and attorneys, from any and all claims that may, at any time, be asserted against any
such parties in connection with the construction, operation, and use of the Wall Sign, the Property, or the
Village's adoption of the Ordinance.
5. This Unconditional Agreement and Consent may not be amended, modified, released or annulled
except upon the express, prior written approval of the Village of Oak Brook.
[SIGNATURE PAGE FOLLOWS]
Ordinance 2015-ZO-V-EX-S-1444
Drake Oak Brook Resort, LLC — 2301 York Road
Variation —Wall Sign
PIN: 06-25-200-016
Page 9 of 12
~'4e �.--
IN WITNESS WHEREOF, �= ��i"LiS � ���F�� executed this`UCnconditional Agreement
and Consent on behalf of Drake Oak Brook Resort, LLC, on this -�?j day of ND��A,�►�pg-�, 2015.
Th� ke Oak Bro k Resort, LLC
��lilERESE F.4AL�.IVAP9 By: �
OFFICIAL SEAL /'"' --_
Nvtary Public -State of Illlrwis (f
My Commlesion Expires ItS: � �'�' �� t� � j�
�a 15, 2916
State of Illinois )
County of DuPage )
�H R�c'� � \_�\t��A� a Notary Public in and for the County and State aforesaid do
hereby certify that ---� a'-��S i� )'a0��_, personally known to me, and that he/she
appeared before rr
personally executed this instrument.
FRED BUCHOLZ R2015-127153 DUPAGE COUNTY RECORDER
2015, and acknowledged that he/she
Notary Public
Ordinance 2015-ZO-V-EX-S-1444
Drake Oak Brook Resort, LLC — 2301 York Road
Variation —Wall Sign
PIN: 06-25-200-016
Page 10 of 12
EXHIBIT A TO UNCONDITIONAL AGREEMENT AND CONSENT
LEGAL DESCRIPTION
PROPERTY
The subject property is located at 2301 York Road, Oak Brook, Illinois 60523 and the legal description is
as follows:
PARCEL 1:
LOT 2 IN JAY C. BENNETT COUNTY CLERK'S DRAKE OAK BROOK INC. ASSESSMENT PLAT, IN
THE NORTHEAST Y4 OF SECTION 25, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 11, 1982 AS
DOCUMENT R82-06212, IN DU PAGE COUNTY, ILLINOIS.
PARCEL 2:
PERPETUAL EASEMENT FOR THE BENEFIT OF PARCEL 1 AFORESAID, AS CREATED BY
AGREEMENT BETWEEN YORK WOODS, INC., AN ILLINOIS CORPORATION, AND THE DRAKE OAK
BROOK, INC., A DELAWARE CORPORATION, DATED MAY 31, 1961 AND RECORDED JUNE 22,
1961 AS DOCUMENT R61-11408, FOR PASSAGEWAY, DECORATIVE AND LANDSCAPING USES
OVER THAT PART OF THE NORTHEAST Y4 OF SECTION 25, TOWNSHIP 39 NORTH, RANGE 11,
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST Y4 OF SAID SECTION 25,
ALSO BEING THE INTERSECTION OF THE CENTER LINES OF YORK ROAD AND 22ND STREET
(CERMAK ROAD); THENCE NORTH 89 DEGREES 44 MINUTES 42 SECONDS EAST, ALONG THE
NORTH LINE OF THE NORTHEAST '/ OF SAID SECTION 25, ALSO BEING THE CENTER LINE OF
22 STREET(CERMAK ROAD) A DISTANCE OF 741.12 FEET FOR A POINT OF BEGINNING;
THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 75.0 FEET TO A
POINT ON THE NORTH LINE OF NORTHERN ILLINOIS GAS COMPANY PROPERTY; THENCE
NORTH 89 DEGREES 44 MINUTES 42 SECONDS EAST, ALONG THE NORTH LINE OF NORTHERN
ILLINOIS GAS COMPANY PROPERTY, BEING A LINE 75 FEET SOUTH OF AND PARALLEL TO THE
NORTH LINE OF THE NORTHEAST Y4 OF SAID SECTION 25, A DISTANCE OF 177.76 FEET;
THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 75.0 FEET TO A
POINT ON THE NORTH LINE OF THE NORTHEAST Y4 OF SAID SECTION 25; THENCE SOUTH 89
DEGREES 44 MINUTES 42 SECONDS WEST, ALONG THE NORTH LINE OF THE NORTHEAST 1/4
OF SAID SECTION 25, A DISTANCE OF 177.76 FEET TO THE POINT OF BEGINNING, IN DU PAGE
COUNTY, ILLINOIS.
PARCEL 3:
PERPETUAL EASEMENT FOR THE BENEFIT OF PARCEL 1, AFORESAID, AS CREATED BY
AGREEMENT BETWEEN THE DRAKE OAK BROOK, INC., A DELAWARE CORPORATION, BUTLER
COMPANY, AN ILLINOIS CORPORATION, AND YORK WOODS, INC., AN ILLINOIS CORPORATION
DATED MAY 31, 1961 AND RECORDED JUNE 22, 1961 AS DOCUMENT R61-11408 FOR
PASSAGEWAY, DECORATIVE AND LANDSCAPING USES, OVER THAT PART OF THE
NORTHEAST Y4 OF SECTION 25, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST Y4 OF SAID SECTION 25,
ALSO BEING THE INTERSECTION OF THE CENTER LINES OF YORK ROAD AND 22ND STREET
(CERMAK ROAD); THENCE NORTH 89 DEGREES 44 MINUTES 42 SECONDS EAST, ALONG THE
NORTH LINE OF THE NORTHEAST Y4 OF SAID SECTION 25, ALSO BEING THE CENTER LINE OF
22ID STREET(CERMAK ROAD) A DISTANCE OF 741.12 FEET; THENCE SOUTH 00 DEGREES 00
MINUTES 00 SECONDS EAST, A DISTANCE OF 75.0 FEET TO A POINT ON THE NORTH LINE OF
Ordinance 2015-ZO-V-EX-S-1444
Drake Oak Brook Resort, LLC — 2301 York Road
Variation — Wall Sign
PIN: 06-25-200-016
Page 11 of 12
THE NORTHERN ILLINOIS GAS COMPANY PROPERTY FOR A POINT OF BEGINNING; THENCE
CONTINUING SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 75.0 FEET
TO A POINT ON THE SOUTH LINE OF NORTHERN ILLINOIS GAS COMPANY PROPERTY; THENCE
NORTH 89 DEGREES 44 MINUTES 42 SECONDS EAST, ALONG THE SOUTH LINE OF THE
NORTHERN ILLINOIS GAS COMPANY PROPERTY, BEING A LINE 150.0 FEET SOUTH OF AND
PARALLEL TO THE NORTH LINE OF THE NORTHWEST Y4 OF SAID SECTION 25, A DISTANCE OF
177.76 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF
75.0 FEET TO A POINT IN THE NORTH LINE OF NORTHERN ILLINOIS GAS COMPANY PROPERTY;
THENCE SOUTH 89 DEGREES 44 MINUTES 42 SECONDS WEST, ALONG THE NORTH LINE OF
THE NORTHERN ILLINOIS GAS COMPANY PROPERTY, BEING A LINE 75.0 FEET SOUTH OF AND
PARALLEL TO THE NORTH LINE OF THE NORTHEAST Y OF SAID SECTION 25, A DISTANCE OF
177.76 FEET TO THE POINT OF BEGINNING, IN DUPAGE COUNTY, ILLINOIS.
PARCEL 4:
PERPETUAL EASEMENT FOR THE BENEFIT OF PARCEL 1, AFORESAID, AS CREATED BY
AGREEMENT BETWEEN THE DRAKE OAK BROOK, INC., A DELAWARE CORPORATION, BUTLER
COMPANY, AN ILLINOIS CORPORATION, AND YORK WOODS, INC., AN ILLINOIS CORPORATION
DATED MAY 31, 1961 AND RECORDED JUNE 22, 1961 AS DOCUMENT R61-11408 FOR
PASSAGEWAY, DECORATIVE AND LANDSCAPING USES, OVER THAT PART OF THE
NORTHEAST Y4 OF SECTION 25, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST '/ OF SAID SECTION 25,
ALSO BEING THE INTERSECTION OF THE CENTER LINES OF YORK ROAD AND 22ND STREET
(CERMAK ROAD); THENCE NORTH 89 DEGREES 44 MINUTES 42 SECONDS EAST, ALONG THE
NORTH LINE OF THE NORTHEAST Y4 OF SAID SECTION 25, ALSO BEING THE CENTER LINE OF
22ND STREET(CERMAK ROAD) A DISTANCE OF 741.12 FEET; THENCE SOUTH 00 DEGREES 00
MINUTES 00 SECONDS EAST, A DISTANCE OF 150.0 FEET TO A POINT ON THE SOUTH LINE OF
THE NORTHERN ILLINOIS GAS COMPANY PROPERTY FOR A POINT OF BEGINNING; THENCE
CONTINUING SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 198.16
FEET; THENCE NORTH 45 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 65.47
FEET; THENCE NORTH 89 DEGREES 44 MINUTES 42 SECONDS EAST, A DISTANCE OF 84.80
FEET; THENCE NORTH 45 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 66.00
FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 105.61
FEET TO A POINT ON THE SOUTH LINE OF THE NORTHERN ILLINOIS GAS COMPANY
PROPERTY; THENCE SOUTH 89 DEGREES 44 MINUTES 42 SECONDS WEST, ALONG THE SOUTH
LINE OF THE NORTHERN ILLINOIS GAS COMPANY PROPERTY, BEING A LINE 150.0 FEET SOUTH
OF AND PARALLEL TO THE NORTH LINE OF THE NORTHEAST Y4 OF SAID SECTION 25, A
DISTANCE OF 177.76 FEET TO THE POINT OF BEGINNING, IN DU PAGE COUNTY, ILLINOIS.
PARCEL 5:
PERMANENT EASEMENT FOR THE BENEFIT OF PARCEL 1, AFORESAID, AS CREATED BY GRANT
FROM NORTHERN ILLINOIS GAS COMPANY, A CORPORATION OF ILLINOIS, TO THE DRAKE OAK
BROOK, INC. A CORPORATION OF DELAWARE AND YORK WOODS, INC., A CORPORATION OF
ILLINOIS DATED JUNE 9, 1961 AND RECORDED JUNE 28, 1961 AS DOCUMENT R61-12102, TO
CONSTRUCT, MAINTAIN, RECONSTRUCT AND REPAIR WALLS, FOUNDATIONS AND FOOTINGS
FOR ACCESS ROAD ENTRANCE IN AND UPON THE FOLLOWING DESCRIBED PREMISES:
THE EAST 200 FEET OF THE WEST 930 FEET (EXCEPT THAT PART FALLING IN PARCEL 1) OF
THAT PART OF THE NORTHEAST Y4 SECTION 25, TOWNSHIP 39 NORTH, RANGE 11, EAST OF
THE THIRD PRINCIPAL MERIDIAN, BEING HELD IN TITLE BY THE NORTHERN ILLINOIS GAS
COMPANY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST % OF SAID SECTION 25,
THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, ALONG THE WEST LINE OF THE
Ordinance 2015-ZO-V-EX-S-1444
Drake Oak Brook Resort, LLC — 2301 York Road
Variation — Wall Sign
PIN: 06-25-200-016
Page 12 of 12
NORTHEAST Y4 OF SECTION 25, A DISTANCE OF 75.0 FEET TO A POINT FOR A POINT OF
BEGINNING; THENCE NORTH 89 DEGREES 44 MINUTES 42 SECONDS EAST, PARALLEL WITH
AND 75 FEET SOUTH (MEASURED AT RIGHT ANGLES) OF THE NORTH LIEN OF SECTION 25, A
DISTANCE OF 930.0 FEET TO A POINT; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS
WEST A DISTANCE OF 75.0 FEET TO A POINT; THENCE SOUTH 89 DEGREES 44 MINUTES 42
SECONDS WEST, ALONG A LINE PARALLEL WITH THE NORTH LINE OF SAID SECTION 25 AND
150 FEET SOUTH THEREOF (MEASURED AT RIGHT ANGLES), A DISTANCE OF 930.0 FEET TO A
POINT ON THE WEST LINE OF THE NORTHEAST % OF SECTION 25; THENCE NORTH 00
DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 75 FEET TO THE POINT OF
BEGINNING, IN DUPAGE COUNTY, ILLINOIS
PARCEL 6:
EASEMENT FOR THE BENEFIT OF PARCEL 1 CREATED BY GRANT CONTAINED IN A DEED
DATED DECEMBER 31, 1981 AND RECORDED JANUARY 29, 1982 AS DOCUMENT R82-03724
FROM THE DRAKE OAK BROOK, INC. TO THE VILLAGE OF OAK BROOK, FOR THE RIGHT OF
ACCESS OVER THE FOLLOWING DESCRIBED LAND:
LOT 3 OF JAY C. BENNETT COUNTY CLERK'S DRAKE OAK BROOK, INC. ASSESSMENT PLAT IN
THE NORTHEAST Y4 OF SECTION 25, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 11, 1982 AS
DOCUMENT R82-06212, IN DU PAGE COUNTY, ILLINOIS (EXCEPTING THAT PART THEREOF
UTILIZED AS A PUBLIC ROAD AND ALL IMPROVEMENTS APPURTENANT THERETO).
PARCEL 7:
EASEMENT FOR THE BENEFIT OF PARCEL 1 AS CREATED BY AGREEMENT OF COVENANTS,
CONDITIONS, RESTRICTIONS AND EASEMENTS DATED DECEMBER 15, 2004 AND RECORDED
DECEMBER 17, 2004, AS DOCUMENT R2004-316160, MADE BY AND BETWEEN 2211-15 YORK
ROAD LLC, AN ILLINOIS LIMITED LIABILITY COMPANY AND 2301 YORK ROAD LLC, AND ILLINOIS
LIMITED LIABILITY COMPANY, FOR NONEXCLUSIVE RECIPROCAL EASEMENTS FOR
PEDESTRIAN INGRESS AND EGRESS ACROSS THOSE PORTIONS OF LOT 1 OF JAY C. BENNETT
COUNTY CLERK'S DRAKE OAK BROOK, INC. ASSESSMENT PLAT AS DESCRIBED THEREIN.
PARCEL 8:
EASEMENT FOR THE BENEFIT OF PARCEL 1 AS CREATED BY AGREEMENT OF COVENANTS,
CONDITIONS, RESTRICTIONS AND EASEMENTS DATED DECEMBER 15, 2004 AND RECORDED
DECEMBER 17, 2004, AS DOCUMENT R2004-316160, MADE BY AND BETWEEN 2211-15 YORK
ROAD LLC, AN ILLINOIS LIMITED LIABILITY COMPANY AND 2301 YORK ROAD LLC, AN ILLINOIS
LIMITED LIABILITY COMPANY, FOR AN EXCLUSIVE EASEMENT OVER THE HOTEL DEDICATED
PARKING GARAGE SPACES FOR PARKING PURPOSES AND ITS PERMITEES THE PEDESTRIAN
WALKS, RAMPS AND DRIVEWAYS IN THE PARKING GARAGE AND ON THE OFFICE PARCEL THAT
PROVIDE INGRESS AND EGRESS FROM THE PARKING GARAGE.
PERMANENT INDEX NUMBER: 06-25-200-016