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S-1368 - 05/14/2013 - VARIATION - Ordinances Of 0AIr e90 o ® ® October 11, 2019 Village Of SFRES Real Estate Corp K Oak Brook 875 N. Michigan Avenue 41 st Floor 1200 Oak Brook Road Chicago, IL 60611 Oak Brook.IL 60523-2255 g Website www.oak-brook.org Re: Recorded Document on August 23, 2019 Ordinance 2013-ZO-V-EX-S-1368 Administration R2019-073305 630.368.5000 FAX 630.368.5045 Community Development To whom it may concern: 630.368.5101 FAX 630.368.5128 A copy of the above-mentioned document is enclosed for your records. This is important information and should be retained in a secure area within your files. Engineering Department 630.368.5130 Please do not hesitate to contact me at 630-368-5024 if you have any questions FAX 630.368.3985 regarding this matter. Fire Department 630.368.5200 FAX 630.368.5128 Please contact me if you have any questions. Police Department 630.368.8700 Thank You, FAX 630.368.8739 f Public Works fr �C Department 630.368.5270 FAX 630.368.5295 Kathy Vonachen, CPP, CMC H.R. Director Oak Brook Public Library Enclosure 600 Oak Brook Road Oak Brook,IL 60523 cc: Tony Budzikowski, Director of Development Services 630.368.7700 FAX 630.368.7704 Doug Patchin, Director of Public Works Oak Brook Sports Core Bath&Tennis Club 700 Oak Brook Road Oak Brook,IL 60523 630.368.6420 FAX 630.368.6439 Golf Club 2606 York Road Oak Brook,IL 60523 630.368.6400 FAX 630.368.6419 I I IIIIIIIII IIII_Illlililllll PRE., Pili-H0L2, RKORHR JUPRGE It LTtdCilS OR 231,2x, 14 11 i41 [?_IC TIEHT # ✓ iii'�_Ilf.$'JL�: (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, IL 60523-2255 RECORDED DOCUMENT TITLE PAGE Property Address/es 1211-1225-1301 22ND STREET, Oak Brook, Illinois 60523 If vacant land, so state and list nearest cross streets) PIN No(s). 06-26-100-012 Name and Address of Name and Address of Responsible: Same Party to Receive Copy of Recorded Document and Billing SFRES Real Estate Corp. K G/L Account to be charged: 10-1365 Prepared By and Return to: Village of Oak Brook 011 200 Oak Brook Road) Oak Brook, Illinois 60523-2255 Name & Address of Recipient N/A of Consideration (when applicable): G/L Account to be charged: I`\ ORDINANCE 2013-ZO-V-EX-S-1368 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13-12-3H.2 OF TITLE 13 ("ZONING REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO PARKING SPACES IN THE REQUIRED FRONT YARD FOR THE PROPERTIES AT 1211-1225-1301 22ND STREET IN THE VILLAGE OF OAK BROOK, ILLINOIS (PIN: 06-26-100-012) WHEREAS, an application was filed by SFERS Real Estate Corp. K ("Owner') requesting a variation from Section 13-12-31-1.2 ("Variation") of the "Zoning Ordinance of the Village of Oak Brook," as amended ("Zoning Regulations"), to allow for the construction of 49 additional parking spaces ("Parking Spaces") in the required front yard setback on the properties located at 1211-1225-1301 22nd Street, Oak Brook, Illinois and legally described in Exhibit A attached hereto and incorporated herein ("Property'); and WHEREAS, the Property is located in the 03 Office District ("03 District"); and WHEREAS, Section 13-12-31-1.2 of the Zoning Regulations does not allow for properties located within the 03 District to have more than six (6) parking spaces located in the required front yard; and WHEREAS, the Parking Spaces will exceed the number of parking spaces allowed in the required front yard setback in an 03 District, and WHEREAS, on April 2, 2013, the Oak Brook Zoning Board of Appeals ("ZBA') conducted a public hearing pursuant to due and appropriate legal notice on the application for the Variation; and WHEREAS, after the close of the public hearing, the ZBA found that the Owner satisfactorily addressed the factors required for approval of the Variation set forth in Section 13-14-6D of the Zoning Regulations and, in a letter to the President and Board of Trustees dated April 3, 2013, recommended approval of the Variation subject to certain conditions; and WHEREAS, the President and Board of Trustees have reviewed the recommendations of the ZBA and deem the Variation 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 Variation. Pursuant to the standards set forth in Section 13-14-6D of the Zoning Regulations, and subject to and contingent on the conditions set forth in Section 3 of this Ordinance, the Owner is hereby granted a variation from Section 13-12-31-1.2 of the Zoning Regulations to allow an additional 49 parking spaces, for a total of 60 parking spaces to be located in the required front yard setback of the Property. Section 3. Conditions. The approval granted in Section 2 of this Ordinance is expressly subject to and contingent upon each of the following conditions: Ordinance 2013-ZO-V-EX-S-1368 Granting a Variation from the Provisions of Section 13-12-31-1.2 For 1211-1225-1301 22nd Street PIN: 06-26-100-012 Page 2 of 14 A. Substantial Conformance with Plans. The Parking Spaces and landscaping shall be constructed in substantial conformance with plans approved by the Village. B. Screening. Owner shall construct and maintain landscape screening in accordance with the approved plans attached hereto and incorporated herein as Exhibit B ("'Landscape Screen'. The earthen berm and evergreen plant material that comprise the Landscape Screen shall meet a minimum height of 48 -inches over the entire span of the required landscape screen (""Height and Span Requirement') at the time the Owner installs the Parking Spaces, and the earthen berm and evergreen plant material shall be maintained to meet the Height and Span Requirement thereafter. C. 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; and D. Compliance with Applicable Law. In addition to the other specific requirements of this Ordinance, the Property, the Parking Spaces and landscaping, 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 of the Property to comply with any or all of the conditions, restrictions, or provisions of this Ordinance, the Variation 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. Bindinq Effect; Non -Transferability. This Ordinance and the privileges, obligations, and provisions contained herein shall inure solely to the benefit of, and be binding upon, the Owner and any and all of the Owner's heirs, successors, and assigns, and upon any and all current and successor legal or beneficial owners of all or any portion of the Property. 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 unconditional agreement and consent to accept and abide by each and all of the terms, conditions, and limitations set forth in this Ordinance. The unconditional agreement and consent must be executed by Owner. The unconditional agreement and consent must be substantially in the form 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] APPROVED THIS 14th day of May, 2013. PASSED THIS 14th day of May, 2013, Ordinance 2013 -2:0 -V -EX -S-1368 Granting a Variation from the Provisions of Section 13-12-31-1.2 For 1211-1225-1301 22ndStreetPIN: 06-26-100-012 Page 3 of 14 Gopal G. Lalmalani Village President Ayes: Trustees Aktipis, Manta, 10_X, Wolin, Yusuf and Zannis Nays: None Absent: Nn-np OA ut I tv ATTEST: VI Charlotte K. Pass Village Clerk Ordinance 2013-ZO-V-EX-S-1368 Granting a Variation from the Provisions of Section 13-12-31-1.2 For 1211-1225-1301 22nd Street PIN: 06-26-100-012 Page 4 of 14 EXHIBIT A LEGAL DESCRIPTION Property: The subject property is located at 1211, 1225 and 1301 22nd Street in Oak Brook, Illinois and the legal description is as follows: PARCEL 1: LOT 1 IN MANU LIFE SUBDIVISION, BEING A RESUBDIVISION OF PART OF LOT 6 IN OAK BROOK INVESTMENT COMPANY ASSESSMENT PLAT NUMBER 4, OF PART OF THE NORTHWEST 1/ OF SECTION 26, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF MANU LIFE SUBDIVISION RECORDED AUGUST 8, 1978 AS DOCUMENT R78-74138, IN DUPAGE COUNTY, ILLINOIS PARCEL 2: (EASEMENT PARCEL) EASEMENT FOR THE BENEFIT OF PARCEL 1 AFORESAID, AS CREATED BY RECIPROCAL EASEMENT GRANTS BY AND BETWEEN CHICAGO TITLE AND TRUST COMPANY, AS TRUSTEE UNDER TRUST AGREEMENT DATED JUNE 8, 1964 KNOWN AS TRUST NUMBER 46940, CHICAGO TITLE AND TRUST COMPANY, AS TRUSTEE UNDER TRUST AGREEMENT DATED SEPTEMBER 9, 1965 KNOWN AS TRUST NUMBER 48580, AND CHICAGO TITLE AND TRUST COMPANY, AS TRUSTEE UNDER TRUST AGREEMENT DATED MAY 29, 1967 KNOWN AS TRUST NUMBER 50704 DATED AUGUST 2, 1972 AND RECORDED AUGUST 30, 1972 AS DOCUMENT R72-52352 AND AMENDED BY AFFIDAVIT RECORDED OCTOBER 2, 1972 AS DOCUMENT R72-59981 FOR INGRESS, EGRESS AND REGRESS (PEDESTRIAN OR VEHICULAR) TO AND FROM A PUBLIC STREET OVER THE FOLLOWING DESCRIBED PROPERTY: THAT PART OF LOT 6 IN OAK BROOK INVESTMENT COMPANY ASSESSMENT PLAT NO. 4, OF PART OF THE NORTHWEST 1/ OF SECTION 26, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO PLAT THEREOF RECORDED JULY 81 1964, AS DOCUMENT NO. R64-240721 IN DUPAGE COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST �/ OF SECTION 26; THENCE SOUTHERLY ALONG THE HALF SECTION LINE, A DISTANCE OF 7.78 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF 22ND STREET (BEFORE WIDENING); THENCE SOUTH 89 DEGREES, 37 MINUTES, 38 SECONDS WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF 22ND STREET (BEFORE WIDENING), A DISTANCE OF 77.17 FEET; THENCE SOUTH 0 DEGREES 35 MINUTES, 48 SECONDS EAST, A DISTANCE OF 25.0 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF 22ND STREET (AS WIDENED BY DOCUMENT NO. R61-34112), THENCE SOUTH 89 DEGREES, 37 MINUTES, 38 SECONDS WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF 22ND STREET (AS WIDENED BY DOCUMENT NO. R61-34112), A DISTANCE OF 559.40 FEET TO THE WESTERLY LIMIT OF SAID WIDENING BY DOCUMENT NO. R61-34112; THENCE NORTH 0 DEGREES, 22 MINUTES, 22 SECONDS WEST ALONG SAID WESTERLY LIMIT OF SAID WIDENING, A DISTANCE OF 25.0 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF SAID 22ND STREET (BEFORE WIDENING); THENCE SOUTH 89 DEGREES, 37 MINUTES 38 SECONDS WEST, ALONG SAID SOUTH RIGHT-OF-WAY LINE OF 22ND STREET (BEFORE WIDENING), 401.48 FEET TO THE NORTHEAST CORNER OF A TRACT OF LAND CONVEYED BY DOCUMENT NO. R68-58998, THENCE SOUTH 0 DEGREES, 22 MINUTES, 22 SECONDS EAST, ALONG A LINE DRAWN PERPENDICULAR TO LAST DESCRIBED LINE, A DISTANCE OF 80 FEET TO THE PLACE OF BEGINNING; THENCE CONTINUING SOUTH 0 DEGREES, 22 MINUTES, 22 SECONDS EAST, A DISTANCE OF 30.00 FEET; THENCE SOUTH 84 DEGREES, 00 MINUTES 13 SECONDS WEST, A DISTANCE OF 119.58 FEET; THENCE SOUTH 84 DEGREES, 23 MINUTES, 23 SECONDS WEST, A Ordinance 2013-ZO-V-EX-S-1368 Granting a Variation from the Provisions of Section 13-12-31-1.2 For 1211-1225-1301 22nd Street PIN: 06-26-100-012 Page 5 of 14 DISTANCE OF 73.21 FEET; THENCE SOUTH 44 DEGREES, 38 MINUTES, 24 SECONDS WEST, A DISTANCE OF 14.15 FEET; THENCE WESTERLY ALONG AN ARC OF A CIRCLE, HAVING A RADIUS OF 55.50 FEET, BEING CONVEX TO THE SOUTH, THE CHORD THEREOF HAVING A BEARING OF SOUTH 89 DEGREES, 37 MINUTES, 38 SECONDS WEST AND A LENGTH OF 110.99 FEET, AN ARC DISTANCE OF 172.96 FEET; THENCE NORTH 45 DEGREES, 23 MINUTES, 07 SECONDS WEST, A DISTANCE OF 14.15 FEET; THENCE NORTH 85 DEGREES, 04 MINUTES 47 SECONDS WEST, A DISTANCE OF 73.71 FEET; THENCE NORTH 81 DEGREES, 41 MINUTES, 38 SECONDS WEST, A DISTANCE OF 119.29 FEET TO A POINT ON THE WEST LINE OF A TRACT OF LAND CONVEYED BY DOCUMENT NO. R68-58998, SAID POINT BEING 103.60 FEET SOUTH 0 DEGREES, 22 MINUTES, 22 SECONDS EAST OF THE NORTHWEST CORNER OF SAID TRACT OF LAND CONVEYED BY DOCUMENT NO R68-58998; THENCE SOUTH 89 DEGREES, 37 MINUTES, 38 SECONDS WEST, A DISTANCE OF 67 FEET THENCE NORTH 0 DEGREES, 22 MINUTES, 22 SECONDS WEST, A DISTANCE OF 31.05 FEET; THENCE NORTH 17 DEGREES, 18 MINUTES, 19 SECONDS WEST, A DISTANCE OF 54.94 FEET; THENCE NORTH 61 DEGREES, 58 MINUTES, 47 SECONDS WEST, A DISTANCE OF 37.93 FEET TO A POINT ON THE NORTHERLY LINE OF LOT 6, AFORESAID; THENCE NORTH 85 DEGREES, 34 MINUTES, 14 SECONDS EAST ALONG THE NORTHERLY LINE OF SAID LOT 6, A DISTANCE OF 27.76 FEET TO A CORNER OF SAID LOT 6, BEING ALSO THE MOST EASTERLY POINT OF TRACT 4 OF THE BUTLER CO. - ILLINOIS ASSESSMENT PLAT NO. 1, RECORDED DECEMBER 27, 1960 AS A DOCUMENT NO. 991 695; THENCE NORTH 89 DEGREES, 37 MINUTES 38 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 6 AND THE SOUTH RIGHT-OF-WAY LINE OF 22ND STREET, A DISTANCE OF 88.68 FEET TO THE NORTHWEST CORNER OF SAID TRACT OF LAND CONVEYED BY DOCUMENT NO. R68- 58998; THENCE CONTINUING NORTH 89 DEGREES, 37 MINUTES, 38 SECONDS EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF 22ND STREET, A DISTANCE OF 13 FEET; THENCE SOUTH 40 DEGREES, 32 MINUTES 30 SECONDS WEST, A DISTANCE OF 19.85 FEET TO A POINT ON THE WEST LINE OF SAID TRACT OF LAND CONVEYED BY DOCUMENT NO. R68-58998, SAID POINT BEING 15 FEET SOUTH 0 DEGREES, 22 MINUTES, 22 SECONDS EAST OF THE NORTHWEST CORNER OF SAID TRACT OF LAND CONVEYED BY DOCUMENT NO. R68-58998; THENCE SOUTH 9 DEGREES, 29 MINUTES, 02 SECONDS WEST, A DISTANCE OF 58.42 FEET; THENCE SOUTH 79 DEGREES, 21 MINUTES, 51 SECONDS EAST, A DISTANCE OF 10.19 FEET TO A POINT ON THE WEST LINE OF SAID TRACT OF LAND CONVEYED BY DOCUMENT NO. R68-58998, SAID POINT BEING 74.50 FEET SOUTH 0 DEGREES, 22 MINUTES, 22 SECONDS EAST OF THE NORTHWEST CORNER OF SAID TRACT OF LAND CONVEYED BY DOCUMENT NO. R68-58998; THENCE CONTINUING SOUTH 79 DEGREES, 21 MINUTES, 51 SECONDS EAST, A DISTANCE OF 138.77 FEET; THENCE NORTH 89 DEGREES, 37 MINUTES, 38 SECONDS EAST, A DISTANCE OF 242.50 FEET; THENCE NORTH 80 DEGREES, 49 MINUTES, 03 SECONDS EAST, A DISTANCE OF 137.12 FEET TO THE PLACE OF BEGINNING (EXCEPT THAT PART THEREOF LYING EAST OF THE WEST LINE OF A TRACT OF LAND CONVEYED BY DOCUMENT NO. R68-58998 AND RECORDED ON DECEMBER 19, 1968), ALL IN DUPAGE COUNTY, ILLINOIS PARCEL 3: (EASEMENT PARCEL): EASEMENTS FOR THE BENEFIT OF PARCEL 1, AFORESAID, AS CREATED BY RECIPROCAL EASEMENT GRANTS BY AND BETWEEN LASALLE NATIONAL BANK, AS TRUSTEE UNDER TRUST AGREEMENT DATED NOVEMBER 14, 1968 KNOWN AS TRUST NUMBER 38790, CHICAGO TITLE AND TRUST COMPANY, AS TRUSTEE UNDER TRUST AGREEMENT DATED SEPTEMBER 9, 1965 KNOWN AS TRUST NUMBER 48580, AND CHICAGO TITLE AND TRUST COMPANY, AS TRUSTEE UNDER TRUST AGREEMENT DATED MAY 29, 1967 KNOWN AS TRUST NUMBER 50704 DATED AUGUST 2, 1972 AND RECORDED AUGUST 30, 1972 AS DOCUMENT R72-52352 AND AMENDED BY AFFIDAVIT RECORDED OCTOBER 2, 1972 AS DOCUMENT R72-59981 FOR INGRESS, EGRESS AND REGRESS (PEDESTRIAN OR VEHICULAR) TO AND FROM A PUBLIC STREET OVER THE FOLLOWING DESCRIBED PROPERTY: THAT PART OF LOT 6, IN OAK BROOK INVESTMENT COMPANY ASSESSMENT PLAT NO. 41 OF PART OF THE NORTHWEST 1/ OF SECTION 26, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE Ordinance 2013-ZO-V-EX-S-1368 Granting a Variation from the Provisions of Section 13-12-31-1.2 For 1211-1225-1301 22nd Street PIN: 06-26-100-012 Page 6 of 14 THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 8, 1964, AS DOCUMENT NO. R64-24072, IN DUPAGE COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST '/ OF SECTION 26; THENCE SOUTHERLY ALONG THE HALF SECTION LINE A DISTANCE OF 7.78 FEET THE SOUTH RIGHT-OF- WAY LINE OF 22ND STREET (BEFORE WIDENING), THENCE SOUTH 89 DEGREES, 37 MINUTES, 38 SECONDS WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF 22ND STREET (BEFORE WIDENING), A DISTANCE OF 77.17 FEET; THENCE SOUTH 0 DEGREES, 35 MINUTES, 48 SECONDS EAST, A DISTANCE OF 25.0 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF 22ND STREET (AS WIDENED BY DOCUMENT NO. R61-34112); THENCE SOUTH 89 DEGREES, 37 MINUTES, 38 SECONDS WEST, ALONG SAID SOUTH RIGHT-OF-WAY LINE OF 22ND STREET (AS WIDENED BY DOCUMENT NO. R61-34112)3 A DISTANCE OF 559.40 FEET TO THE WESTERLY LIMIT OF SAID WIDENING BY DOCUMENT NO. R61-34112; THENCE NORTH 0 DEGREES, 22 MINUTES, 22 SECONDS WEST ALONG SAID WESTERLY LIMIT OF SAID WIDENING, A DISTANCE OF 25.0 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF SAID 22ND STREET (BEFORE WIDENING); THENCE SOUTH 89 DEGREES, 37 MINUTES, 38 SECONDS WEST, ALONG SAID SOUTH RIGHT-OF-WAY LINE OF 22ND STREET (BEFORE WIDENING), 401.48 FEET TO THE NORTHEAST CORNER OF A TRACT OF LAND CONVEYED BY DOCUMENT NO. R68-58998; THENCE SOUTH 0 DEGREES, 22 MINUTES, 22 SECONDS EAST ALONG A LINE DRAWN PERPENDICULAR TO LAST DESCRIBED LINE, A DISTANCE OF 80 FEET TO THE PLACE OF BEGINNING; THENCE CONTINUING SOUTH 0 DEGREES, 22 MINUTES, 22 SECONDS EAST, A DISTANCE OF 30 FEET; THENCE SOUTH 84 DEGREES, 00 MINUTES 13 SECONDS WEST A DISTANCE OF 119.58 FEET; THENCE SOUTH 84 DEGREES, 23 MINUTES, 23 SECONDS WEST, A DISTANCE 73.21 FEET; THENCE SOUTH 44 DEGREES, 38 MINUTES, 24 SECONDS WEST, A DISTANCE 14.15 FEET; THENCE WESTERLY ALONG AN ARC OF A CIRCLE, HAVING A RADIUS OF 55.50 FEET, BEING CONVEX TO THE SOUTH, THE CHORD THEREOF HAVING A BEARING OF SOUTH 89 DEGREES, 37 MINUTES, 38 SECONDS WEST AND A LENGTH OF 110.99 FEET AN ARC DISTANCE OF 172.96 FEET; THENCE NORTH 45 DEGREES, 23 MINUTES, 07 SECONDS WEST, A DISTANCE OF 14.15 FEET; THENCE NORTH 85 DEGREES, 04 MINUTES, 47 SECONDS WEST, A DISTANCE OF 73.71 FEET; THENCE NORTH 81 DEGREES, 41 MINUTES, 38 SECONDS WEST, A DISTANCE OF 119.29 FEET TO A POINT ON THE WEST LINE OF A TRACT OF LAND CONVEYED BY DOCUMENT NO. R68-58998, SAID POINT BEING 103.60 FEET SOUTH 0 DEGREES, 22 MINUTES, 22 SECONDS EAST OF THE NORTHWEST CORNER OF SAID TRACT OF LAND CONVEYED BY DOCUMENT NO. R68-58998, THENCE SOUTH 89 DEGREES, 37 MINUTES, 38 SECONDS WEST, A DISTANCE OF 67 FEET; THENCE NORTH 0 DEGREES, 22 MINUTES, 22 SECONDS WEST, A DISTANCE OF 31.05 FEET; THENCE NORTH 17 DEGREES, 18 MINUTES, 19 SECONDS WEST, A DISTANCE OF 54.94 FEET; THENCE NORTH 61 DEGREES, 58 MINUTES, 47 SECONDS WEST, A DISTANCE OF 37.93 FEET TO A POINT ON THE NORTHERLY LINE OF LOT 63 AFORESAID; THENCE NORTH 85 DEGREES, 34 MINUTES, 14 SECONDS EAST, ALONG THE NORTHERLY LINE OF SAID LOT 6, A DISTANCE OF 27.76 FEET TO A CORNER OF SAID LOT 61 BEING ALSO THE MOST EASTERLY POINT OF TRACT 4 OF THE BUTLER CO. - ILLINOIS TOLLWAY ASSESSMENT PLAT NO. 1, RECORDED DECEMBER 27, 1960 AS DOCUMENT NO. 991 695; THENCE NORTH 89 DEGREES, 37 MINUTES, 38 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 6 AND THE SOUTH RIGHT-OF-WAY LINE OF 22ND STREET, A DISTANCE OF 88.68 FEET TO THE NORTHWEST CORNER OF SAID TRACT OF LAND CONVEYED BY DOCUMENT NO. R68- 58998; THENCE CONTINUING NORTH 89 DEGREES, 37 MINUTES, 38 SECONDS EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF 22ND STREET, A DISTANCE OF 13 FEET; THENCE SOUTH 40 DEGREES, 32 MINUTES, 30 SECONDS WEST, A DISTANCE OF 19.85 FEET TO A POINT ON THE WEST LINE OF SAID TRACT OF LAND CONVEYED BY DOCUMENT NO. R68-58998, SAID POINT BEING 15 FEET SOUTH 0 DEGREES, 22 MINUTES, 22 SECONDS EAST OF THE NORTHWEST CORNER OF SAID TRACT OF LAND CONVEYED BY DOCUMENT NO. R68-58998; THENCE SOUTH 9 DEGREES, 29 MINUTES, 02 SECONDS WEST, A DISTANCE OF 58.42 FEET; THENCE SOUTH 79 DEGREES, 21 MINUTES, 51 SECONDS EAST, A DISTANCE OF 10.19 FEET TO A POINT ON THE WEST LINE OF SAID TRACT OF LAND CONVEYED BY DOCUMENT NO. R68- 58998, SAID POINT BEING 74.50 FEET SOUTH 0 DEGREES, 22 MINUTES, 22 SECONDS EAST THE Ordinance 2013-ZO-V-EX-S-1368 Granting a Variation from the Provisions of Section 13-12-31-1.2 For 1211-1225-1301 22nd Street PIN: 06-26-100-012 Page 7 of 14 NORTHWEST CORNER OF SAID TRACT OF LAND CONVEYED BY DOCUMENT NO. R68-58998; THENCE CONTINUING SOUTH 79 DEGREES, 21 MINUTES, 51 SECONDS EAST, A DISTANCE OF 138.77 FEET; THENCE NORTH 89 DEGREES, 37 MINUTES, 38 SECONDS EAST, A DISTANCE OF 242.50 FEET; THENCE NORTH 80 DEGREES, 49 MINUTES, 03 SECONDS EAST, A DISTANCE OF 137.12 FEET TO THE PLACE OF BEGINNING (EXCEPT THAT PART THEREOF LYING WEST OF THE WEST LINE OF A TRACT OF LAND CONVEYED BY DOCUMENT NO. R68-58998 AND RECORDED ON DECEMBER 19, 1968), ALL IN DUPAGE COUNTY, ILLINOIS PERMANENT INDEX NUMBER 06-26-100-012 Ordinance 2013-ZO-V-EX-S-1368 Granting a Variation from the Provisions of Section 13-12-31-1.2 For 1211-1225-1301 22nd Street PIN: 06-26-100-012 Page 8 of 14 Exhibit B Site Plan and Landscape Plan Z. v d N d m 0 O z 0 0 I O M m N am m x cn z 0 � --i � � 00 00 D D D D -vm -um ;o x ;a x O to O cn 02 O D C) -0 D C) n D C) m cn L G) z U) co O� m M D M D � U) cn D z - n z �? n m G) m u' N W C/) u D -4 C� D m � m m cn Z D m c) m U) U) D a 0 D 0 0 m m o D 0 m 0 m O O DD a) < m M, +� T W O cn .0 M u N a) z D r v m D D z 9 m O D r Q 2 D - ------------------------------- c__ -_ _- -- -- -- -- --c U) 0O z � G7 � I I t I I I I I m N N z v m m Ordinance 2013-ZO-V-EX-S-1368 Granting a Variation from the Provisions of Section 13-12-31-1.2 For 1211-1225-1301 22nd Street PIN: 06-26-100-012 Page 9 of 14 EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Oak Brook, Illinois ("Village"): WHEREAS, an application was filed by SFERS Real Estate Corp. K ("Owner') requesting a variation from Section 13-12-31-1.2 ("Variation") of the "Zoning Ordinance of the Village of Oak Brook," as amended ("Zoning Regulations"), to allow for the construction of 49 additional parking spaces ("Parking Spaces") in the required front yard setback on the properties located at 1211-1225-1301 22nd Street, Oak Brook, Illinois and legally described in Exhibit A attached hereto and incorporated herein ("Property''); and WHEREAS, Ordinance No. 2013-ZO-V-EX-S-1368, adopted by the President and Board of Trustees of the Village of Oak Brook on May 14, 2013 ("Ordinance"), grants approval of the Variation, subject to certain modifications, conditions, restrictions, and provisions; and WHEREAS, Subsection 7.13 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 Owner does hereby agree and covenant as follows: 1. The Owner does hereby unconditionally agree 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 variation 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 Parking Spaces 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 Parking Spaces, 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 2013-ZO-V-EX-S-1363 Granting a Variation from the Provisions of Section 13-12-3H.2 For 1211-1225-1301 22nd Street PIN: 06-26-100-012 Page 10 of 14 IN WITNESS WHEREOF, �/ �. FF/L E"Y t�1- � n 6i� executed this Unconditional Agreement and Consent on behalf of SFERS Real Estate Corp. K, ownership, on this / ( day of 7%u n e ) 2013 SFERS Real By: ItS: V r c e I cfP� -� State of Illinois ) County of ®uPage ) a Notary Public in and for the County and State aforesaid do hereby certify that ...�' v-� r� Pr personally known to me, and that he/she appeared before me this .1144:- day of 2013, and acknowledged that he/she personally executed this instrument. Notary Public Seal OFFICIAL. SEAL GAIL POLANEK Notary Public - State of Illinois My Commisslon Expires Jul 12� 2014 Ordinance 2013-ZO-V-EX-S-1368 Granting a Variation from the Provisions of Section 13-12-31-1.2 For 1211-1225-1301 22nd Street PIN: 06-26-100-012 Page 11 of 14 EXHIBIT A TO UNCONDITIONAL AGREEMENT AND CONSENT LEGAL DESCRIPTION Property: The subject property is located at 1211, 1225 and 1301 22nd Street in Oak Brook, Illinois and the legal description is as follows: PARCEL 1: LOT 1 IN MANU LIFE SUBDIVISION, BEING A RESUBDIVISION OF PART OF LOT 6 IN OAK BROOK INVESTMENT COMPANY ASSESSMENT PLAT NUMBER 4, OF PART OF THE NORTHWEST '/ OF SECTION 26, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF MANU LIFE SUBDIVISION RECORDED AUGUST 8, 1978 AS DOCUMENT R78-74138, IN DUPAGE COUNTY, ILLINOIS PARCEL 2: (EASEMENT PARCEL) EASEMENT FOR THE BENEFIT OF PARCEL 1 AFORESAID, AS CREATED BY RECIPROCAL EASEMENT GRANTS BY AND BETWEEN CHICAGO TITLE AND TRUST COMPANY, AS TRUSTEE UNDER TRUST AGREEMENT DATED JUNE 85 1964 KNOWN AS TRUST NUMBER 46940, CHICAGO TITLE AND TRUST COMPANY, AS TRUSTEE UNDER TRUST AGREEMENT DATED SEPTEMBER 9, 1965 KNOWN AS TRUST NUMBER 48580, AND CHICAGO TITLE AND TRUST COMPANY, AS TRUSTEE UNDER TRUST AGREEMENT DATED MAY 29, 1967 KNOWN AS TRUST NUMBER 50704 DATED AUGUST 2, 1972 AND RECORDED AUGUST 30, 1972 AS DOCUMENT R72-52352 AND AMENDED BY AFFIDAVIT RECORDED OCTOBER 2, 1972 AS DOCUMENT R72-59981 FOR INGRESS, EGRESS AND REGRESS (PEDESTRIAN OR VEHICULAR) TO AND FROM A PUBLIC STREET OVER THE FOLLOWING DESCRIBED PROPERTY: THAT PART OF LOT 6 IN OAK BROOK INVESTMENT COMPANY ASSESSMENT PLAT NO. 41 OF PART OF THE NORTHWEST 1/ OF SECTION 26, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO PLAT THEREOF RECORDED JULY 81 19643 AS DOCUMENT NO. R64-24072, IN DUPAGE COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST 1/ OF SECTION 26; THENCE SOUTHERLY ALONG THE HALF SECTION LINE, A DISTANCE OF 7.78 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF 22ND STREET (BEFORE WIDENING); THENCE SOUTH 89 DEGREES, 37 MINUTES, 38 SECONDS WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF 22ND STREET (BEFORE WIDENING), A DISTANCE OF 77.17 FEET; THENCE SOUTH 0 DEGREES 35 MINUTES, 48 SECONDS EAST, A DISTANCE OF 25.0 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF 22ND STREET (AS WIDENED BY DOCUMENT NO. R61-34112), THENCE SOUTH 89 DEGREES, 37 MINUTES, 38 SECONDS WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF 22ND STREET (AS WIDENED BY DOCUMENT NO. R61-34112), A DISTANCE OF 559.40 FEET TO THE WESTERLY LIMIT OF SAID WIDENING BY DOCUMENT NO. R61-34112; THENCE NORTH 0 DEGREES, 22 MINUTES, 22 SECONDS WEST ALONG SAID WESTERLY LIMIT OF SAID WIDENING, A DISTANCE OF 25.0 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF SAID 22ND STREET (BEFORE WIDENING); THENCE SOUTH 89 DEGREES, 37 MINUTES 38 SECONDS WEST, ALONG SAID SOUTH RIGHT-OF-WAY LINE OF 22ND STREET (BEFORE WIDENING), 401.48 FEET TO THE NORTHEAST CORNER OF A TRACT OF LAND CONVEYED BY DOCUMENT NO. R68-589981 THENCE SOUTH 0 DEGREES, 22 MINUTES, 22 SECONDS EAST, ALONG A LINE DRAWN PERPENDICULAR TO LAST DESCRIBED LINE, A DISTANCE OF 80 FEET TO THE PLACE OF BEGINNING; THENCE CONTINUING SOUTH 0 DEGREES, 22 MINUTES, 22 SECONDS EAST, A Ordinance 2013-ZO-V-EX-S-1368 Granting a Variation from the Provisions of Section 13-12-31-1.2 For 1211-1225-1301 2211 Street PIN: 06-26-100-012 Page 12 of 14 DISTANCE OF 30.00 FEET; THENCE SOUTH 84 DEGREES, 00 MINUTES 13 SECONDS WEST, A DISTANCE OF 119.58 FEET; THENCE SOUTH 84 DEGREES, 23 MINUTES, 23 SECONDS WEST, A DISTANCE OF 73.21 FEET; THENCE SOUTH 44 DEGREES, 38 MINUTES, 24 SECONDS WEST, A DISTANCE OF 14.15 FEET; THENCE WESTERLY ALONG AN ARC OF A CIRCLE, HAVING A RADIUS OF 55.50 FEET, BEING CONVEX TO THE SOUTH, THE CHORD THEREOF HAVING A BEARING OF SOUTH 89 DEGREES, 37 MINUTES, 38 SECONDS WEST AND A LENGTH OF 110.99 FEET, AN ARC DISTANCE OF 172.96 FEET; THENCE NORTH 45 DEGREES, 23 MINUTES, 07 SECONDS WEST, A DISTANCE OF 14.15 FEET; THENCE NORTH 85 DEGREES, 04 MINUTES 47 SECONDS WEST, A DISTANCE OF 73.71 FEET; THENCE NORTH 81 DEGREES, 41 MINUTES, 38 SECONDS WEST, A DISTANCE OF 119.29 FEET TO A POINT ON THE WEST LINE OF A TRACT OF LAND CONVEYED BY DOCUMENT NO. R68-58998, SAID POINT BEING 103.60 FEET SOUTH 0 DEGREES, 22 MINUTES, 22 SECONDS EAST OF THE NORTHWEST CORNER OF SAID TRACT OF LAND CONVEYED BY DOCUMENT NO R68-58998; THENCE SOUTH 89 DEGREES, 37 MINUTES, 38 SECONDS WEST, A DISTANCE OF 67 FEET THENCE NORTH 0 DEGREES, 22 MINUTES, 22 SECONDS WEST, A DISTANCE OF 31.05 FEET; THENCE NORTH 17 DEGREES, 18 MINUTES, 19 SECONDS WEST, A DISTANCE OF 54.94 FEET; THENCE NORTH 61 DEGREES, 58 MINUTES, 47 SECONDS WEST, A DISTANCE OF 37.93 FEET TO A POINT ON THE NORTHERLY LINE OF LOT 6, AFORESAID; THENCE NORTH 85 DEGREES, 34 MINUTES, 14 SECONDS EAST ALONG THE NORTHERLY LINE OF SAID LOT 63 A DISTANCE OF 27.76 FEET TO A CORNER OF SAID LOT 67 BEING ALSO THE MOST EASTERLY POINT OF TRACT 4 OF THE BUTLER CO. - ILLINOIS ASSESSMENT PLAT NO. 1, RECORDED DECEMBER 27, 1960 AS A DOCUMENT NO. 991 695; THENCE NORTH 89 DEGREES, 37 MINUTES 38 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 6 AND THE SOUTH RIGHT-OF-WAY LINE OF 22ND STREET, A DISTANCE OF 88.68 FEET TO THE NORTHWEST CORNER OF SAID TRACT OF LAND CONVEYED BY DOCUMENT NO. R68- 58998; THENCE CONTINUING NORTH 89 DEGREES, 37 MINUTES, 38 SECONDS EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF 22ND STREET, A DISTANCE OF 13 FEET; THENCE SOUTH 40 DEGREES, 32 MINUTES 30 SECONDS WEST, A DISTANCE OF 19.85 FEET TO A POINT ON THE WEST LINE OF SAID TRACT OF LAND CONVEYED BY DOCUMENT NO. R68-58998, SAID POINT BEING 15 FEET SOUTH 0 DEGREES, 22 MINUTES, 22 SECONDS EAST OF THE NORTHWEST CORNER OF SAID TRACT OF LAND CONVEYED BY DOCUMENT NO. R68-58998; THENCE SOUTH 9 DEGREES, 29 MINUTES, 02 SECONDS WEST, A DISTANCE OF 58.42 FEET; THENCE SOUTH 79 DEGREES, 21 MINUTES, 51 SECONDS EAST, A DISTANCE OF 10.19 FEET TO A POINT ON THE WEST LINE OF SAID TRACT OF LAND CONVEYED BY DOCUMENT NO. R68-58998, SAID POINT BEING 74.50 FEET SOUTH 0 DEGREES, 22 MINUTES, 22 SECONDS EAST OF THE NORTHWEST CORNER OF SAID TRACT OF LAND CONVEYED BY DOCUMENT NO. R68-58998; THENCE CONTINUING SOUTH 79 DEGREES, 21 MINUTES, 51 SECONDS EAST, A DISTANCE OF 138.77 FEET; THENCE NORTH 89 DEGREES, 37 MINUTES, 38 SECONDS EAST, A DISTANCE OF 242.50 FEET; THENCE NORTH 80 DEGREES, 49 MINUTES, 03 SECONDS EAST, A DISTANCE OF 137.12 FEET TO THE PLACE OF BEGINNING (EXCEPT THAT PART THEREOF LYING EAST OF THE WEST LINE OF A TRACT OF LAND CONVEYED BY DOCUMENT NO. R68-58998 AND RECORDED ON DECEMBER 19, 1968)2 ALL IN DUPAGE COUNTY, ILLINOIS PARCEL 3: (EASEMENT PARCEL): EASEMENTS FOR THE BENEFIT OF PARCEL 1, AFORESAID, AS CREATED BY RECIPROCAL EASEMENT GRANTS BY AND BETWEEN LASALLE NATIONAL BANK, AS TRUSTEE UNDER TRUST AGREEMENT DATED NOVEMBER 14, 1968 KNOWN AS TRUST NUMBER 38790, CHICAGO TITLE AND TRUST COMPANY, AS TRUSTEE UNDER TRUST AGREEMENT DATED SEPTEMBER 9, 1965 KNOWN AS TRUST NUMBER 48580, AND CHICAGO TITLE AND TRUST COMPANY, AS TRUSTEE UNDER TRUST AGREEMENT DATED MAY 297 1967 KNOWN AS TRUST NUMBER 50704 DATED AUGUST 2, 1972 AND RECORDED AUGUST 30, 1972 AS DOCUMENT R72-52352 AND AMENDED BY AFFIDAVIT RECORDED OCTOBER 2, 1972 AS DOCUMENT R72-59981 FOR INGRESS, EGRESS AND REGRESS (PEDESTRIAN OR VEHICULAR) TO AND FROM A PUBLIC STREET OVER THE FOLLOWING DESCRIBED PROPERTY: Ordinance 2013-ZO-V-EX-S-1368 Granting a Variation from the Provisions of Section 13-12-31-1.2 For 1211-1225-1301 22nd Street PIN: 06-26-100-012 Page 13 of 14 THAT PART OF LOT 61 IN OAK BROOK INVESTMENT COMPANY ASSESSMENT PLAT NO. 47 OF PART OF THE NORTHWEST 1/ OF SECTION 26, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 8, 1964, AS DOCUMENT NO. R64-240723 IN DUPAGE COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST Y OF SECTION 26; THENCE SOUTHERLY ALONG THE HALF SECTION LINE A DISTANCE OF 7.78 FEET THE SOUTH RIGHT-OF- WAY LINE OF 22ND STREET (BEFORE WIDENING), THENCE SOUTH 89 DEGREES, 37 MINUTES, 38 SECONDS WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF 22ND STREET (BEFORE WIDENING), A DISTANCE OF 77.17 FEET; THENCE SOUTH 0 DEGREES, 35 MINUTES, 48 SECONDS EAST, A DISTANCE OF 25.0 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF 22ND STREET (AS WIDENED BY DOCUMENT NO. R61-34112); THENCE SOUTH 89 DEGREES, 37 MINUTES, 38 SECONDS WEST, ALONG SAID SOUTH RIGHT-OF-WAY LINE OF 22ND STREET (AS WIDENED BY DOCUMENT NO. R61-34112)3 A DISTANCE OF 559.40 FEET TO THE WESTERLY LIMIT OF SAID WIDENING BY DOCUMENT NO. R61-34112; THENCE NORTH 0 DEGREES, 22 MINUTES, 22 SECONDS WEST ALONG SAID WESTERLY LIMIT OF SAID WIDENING, A DISTANCE OF 25.0 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF SAID 22ND STREET (BEFORE WIDENING); THENCE SOUTH 89 DEGREES, 37 MINUTES, 38 SECONDS WEST, ALONG SAID SOUTH RIGHT-OF-WAY LINE OF 22ND STREET (BEFORE WIDENING), 401.48 FEET TO THE NORTHEAST CORNER OF A TRACT OF LAND CONVEYED BY DOCUMENT NO. R68-58998; THENCE SOUTH 0 DEGREES, 22 MINUTES, 22 SECONDS EAST ALONG A LINE DRAWN PERPENDICULAR TO LAST DESCRIBED LINE, A DISTANCE OF 80 FEET TO THE PLACE OF BEGINNING; THENCE CONTINUING SOUTH 0 DEGREES, 22 MINUTES, 22 SECONDS EAST, A DISTANCE OF 30 FEET; THENCE SOUTH 84 DEGREES, 00 MINUTES 13 SECONDS WEST A DISTANCE OF 119.58 FEET; THENCE SOUTH 84 DEGREES, 23 MINUTES, 23 SECONDS WEST, A DISTANCE 73.21 FEET; THENCE SOUTH 44 DEGREES, 38 MINUTES, 24 SECONDS WEST, A DISTANCE 14.15 FEET; THENCE WESTERLY ALONG AN ARC OF A CIRCLE, HAVING A RADIUS OF 55.50 FEET, BEING CONVEX TO THE SOUTH, THE CHORD THEREOF HAVING A BEARING OF SOUTH 89 DEGREES, 37 MINUTES, 38 SECONDS WEST AND A LENGTH OF 110.99 FEET AN ARC DISTANCE OF 172.96 FEET; THENCE NORTH 45 DEGREES, 23 MINUTES, 07 SECONDS WEST, A DISTANCE OF 14.15 FEET; THENCE NORTH 85 DEGREES, 04 MINUTES, 47 SECONDS WEST, A DISTANCE OF 73.71 FEET; THENCE NORTH 81 DEGREES, 41 MINUTES, 38 SECONDS WEST, A DISTANCE OF 119.29 FEET TO A POINT ON THE WEST LINE OF A TRACT OF LAND CONVEYED BY DOCUMENT NO. R68-58998, SAID POINT BEING 103.60 FEET SOUTH 0 DEGREES, 22 MINUTES, 22 SECONDS EAST OF THE NORTHWEST CORNER OF SAID TRACT OF LAND CONVEYED BY DOCUMENT NO. R68-58998, THENCE SOUTH 89 DEGREES, 37 MINUTES, 38 SECONDS WEST, A DISTANCE OF 67 FEET; THENCE NORTH 0 DEGREES, 22 MINUTES, 22 SECONDS WEST, A DISTANCE OF 31.05 FEET; THENCE NORTH 17 DEGREES, 18 MINUTES, 19 SECONDS WEST, A DISTANCE OF 54.94 FEET; THENCE NORTH 61 DEGREES, 58 MINUTES, 47 SECONDS WEST, A DISTANCE OF 37.93 FEET TO A POINT ON THE NORTHERLY LINE OF LOT 6, AFORESAID; THENCE NORTH 85 DEGREES, 34 MINUTES, 14 SECONDS EAST, ALONG THE NORTHERLY LINE OF SAID LOT 61 A DISTANCE OF 27.76 FEET TO A CORNER OF SAID LOT 6, BEING ALSO THE MOST EASTERLY POINT OF TRACT 4 OF THE BUTLER CO. - ILLINOIS TOLLWAY ASSESSMENT PLAT NO. 1, RECORDED DECEMBER 27, 1960 AS DOCUMENT NO. 991 695; THENCE NORTH 89 DEGREES, 37 MINUTES, 38 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 6 AND THE SOUTH RIGHT-OF-WAY LINE OF 22ND STREET, A DISTANCE OF 88.68 FEET TO THE NORTHWEST CORNER OF SAID TRACT OF LAND CONVEYED BY DOCUMENT NO. R68- 58998; THENCE CONTINUING NORTH 89 DEGREES, 37 MINUTES, 38 SECONDS EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF 22ND STREET, A DISTANCE OF 13 FEET; THENCE SOUTH 40 DEGREES, 32 MINUTES, 30 SECONDS WEST, A DISTANCE OF 19.85 FEET TO A POINT ON THE WEST LINE OF SAID TRACT OF LAND CONVEYED BY DOCUMENT NO. R68-58998, SAID POINT BEING 15 FEET SOUTH 0 DEGREES, 22 MINUTES, 22 SECONDS EAST OF THE NORTHWEST CORNER OF SAID TRACT OF LAND CONVEYED BY DOCUMENT NO. R68-58998; THENCE SOUTH 9 DEGREES, 29 MINUTES, 02 SECONDS WEST, A DISTANCE OF 58.42 FEET; THENCE SOUTH 79 DEGREES, 21 MINUTES, 51 SECONDS EAST, A DISTANCE OF 10.19 FEET TO Ordinance 2013-ZO-V-EX-S-1368 Granting a Variation from the Provisions of Section 13-12-31-1.2 For 1211-1225-1301 22nd Street PIN: 06-26-100-012 Page 14 of 14 A POINT ON THE WEST LINE OF SAID TRACT OF LAND CONVEYED BY DOCUMENT NO. R68- 58998, SAID POINT BEING 74.50 FEET SOUTH 0 DEGREES, 22 MINUTES, 22 SECONDS EAST THE NORTHWEST CORNER OF SAID TRACT OF LAND CONVEYED BY DOCUMENT NO. R68-58998; THENCE CONTINUING SOUTH 79 DEGREES, 21 MINUTES, 51 SECONDS EAST, A DISTANCE OF 138.77 FEET; THENCE NORTH 89 DEGREES, 37 MINUTES, 38 SECONDS EAST, A DISTANCE OF 242.50 FEET; THENCE NORTH 80 DEGREES, 49 MINUTES, 03 SECONDS EAST, A DISTANCE OF 137.12 FEET TO THE PLACE OF BEGINNING (EXCEPT THAT PART THEREOF LYING WEST OF THE WEST LINE OF A TRACT OF LAND CONVEYED BY DOCUMENT NO. R68-58998 AND RECORDED ON DECEMBER 19, 1968), ALL IN DUPAGE COUNTY, ILLINOIS PERMANENT INDEX NUMBER 06-26-100-012