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S-1274 - 01/12/2010 - ZONING - Ordinances (2)FRED BUCHOLZ OUPRGE COUNTY RECORDER FEB 01.P010 8',16 AM OTHER 06-20-303-009 006 PAGES R2010-014651 (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, IL 60523-2255 RECORDED DOCUMENT TITLE PAGE Title of Document: AN ORDINANCE REZONING AND GRANTING A MAP AMENDMENT ON THE PROPERTY COMMONLY KNOWN AS 1800, 1802 AND 1806 YORK ROAD IN THE VILLAGE OF OAK BROOK, ILLINOIS Property Address/es 1800, 1802 and 1806 York Road, Oak Brook, Illinois 60523 If vacant land, so state and list nearest cross streets) PIN No(s). 06-224-303-002, 06-24-303-009 and 06-24-303-011 Name and Address of Applicant: York Road Development Partners, LLC 2610 Lake Cook Road, Suite 150, Riverwoods, IL 60015 Name and Address of Responsible: Rick Nelson, York Road Development Partners, LLC Party to Receive Copy of 2610 Lake Cook Road, Suite 150, Riverwoods, IL 60015 Recorded Document and Billing G/L Account to be charged: 10-1365 Prepared By and Return to: G" Village of Oak Brook A 1200 Oak Brook Road Oak Brook, Illinois 60523-2255 Name & Address of Recipient N/A of Consideration (when applicable): G/L Account to be charged: ORDINANCE 2010-ZO-MA-EX1-S-1274 AN ORDINANCE REZONING AND GRANTING A MAP AMENDMENT ON THE PROPERTY COMMONLY KNOWN AS 1800, 1802 AND 1806 YORK ROAD IN THE VILLAGE OF OAK BROOK (PIN: 06-24-303-002, 06-24-303-009 and 06-24-303-011) WHEREAS, an application has been filed by York Road Development Partners, LLC (the "Petitioner"), the contract purchaser of certain property commonly known as 1800, 1802 and 1806 York Road (the "Subject Property") which is legally described in Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, the Petitioner filed a petition requesting the Village to rezone the Subject Property from R-3 (Residential District) to 0-4 (Office District); and WHEREAS, at its meeting on October 15, 2009, the Plan Commission reviewed the request for the map amendment and found that the applicant had addressed and satisfied the requirements for the requested relief; and WHEREAS, by a vote of 7 to 0, the Plan Commission recommended approval of the proposed map amendment; and WHEREAS, on November 3, 2009, the Zoning Board of Appeals conducted a public hearing on the request for the map amendment, pursuant to due and appropriate legal notice and found that the applicant had addressed and satisfied the requirements for the requested relief; and WHEREAS, by a vote of 7 to 0 the Zoning Board of Appeals recommended approval of the proposed map amendment; and WHEREAS, the Village President and Board of Trustees have reviewed the recommendation of the Plan Commission and Zoning Board of Appeals and deem the map amendment, 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: The foregoing preambles are restated and incorporated herein by reference as though fully set forth herein. Section 2: The Subject Property located at 1800, 1802 and 1806 York Road is rezoned from R-3 to 0-4 and the Village's zoning map is amended accordingly. Section 3: 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 4: All ordinances or parts thereof in conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. Section 5: This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. Ordinance 2010-ZO-MA-EXI-S-1274 1800, 1802 and 1806 York Road Map Amendment R-3 to 0-4 Page 2 of 5 APPROVED THIS 12th day of January, 2010. PASSED THIS 12th day of January, 2010. Ayes: Trustees Aktipis, Carson, Moy, Saiyed, Wolin and Zannis I Nays: None Absent: None ATTEST: d9a 41*� Charlotte K. Pruss Village Clerk Ordinance 2010-ZO-MA-EXI-S-1274 1800, 1802 and 1806 York Road Map Amendment R-3 to 0-4 Page 3 of 5 Exhibit A The subject property located at 1800, 1802 and 1806 York Road is legally described as follows: Address: 1800 York Road PIN:06-24-303-002 PARCEL 1: THE NORTH 65 FEET OF THE EAST 428.8 FEET OF LOT 1 IN HOEHN'S ASSESSMENT PLAT, OF PART OF THE SOUTHWEST 1/4 OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, (EXCEPT THAT PART OF THE NORTH 65 FEET OF THE EAST 428.8 FEET OF SAID LOT 1, WHICH LIES EASTERLY OF A STRAIGHT LINE DRAWN FROM A POINT IN THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 70.0 FEET WEST OF THE NORTHEAST CORNER THEREOF, TO A POINT IN THE SOUTH LINE OF THE NORTH 65 FEET OF THE EAST 428.8 FEET OF SAID LOT 1, A DISTANCE OF 67.36 FEET WEST OF THE SOUTHEAST CORNER THEREOF), AND (EXCEPT THAT PART OF THE NORTH 65 FEET OF THE EAST 428.8 FEET OF SAID LOT 1, WHICH LIES WESTERLY OF A STRAIGHT LINE DRAWN FROM A POINT IN THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 175.98 FEET EAST OF THE NORTHWEST CORNER THEREOF, TO A POINT IN THE SOUTH LINE OF THE NORTH 65 FEET OF THE EAST 428.8 FEET OF SAID LOT 1, A DISTANCE OF 119.61 FEET EAST OF THE SOUTHWEST CORNER THEREOF), AND (EXCEPT THAT PART OF THE NORTH 65 FEET OF THE EAST 428.8 FEET OF SAID LOT 1, LYING BETWEEN A LINE JOINING A POINT IN THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 70.0 FEET WEST OF THE NORTHEAST CORNER, WITH A POINT IN THE SOUTH LINE OF SAID NORTH 65 FEET OF THE EAST 428.8 FEET OF SAID LOT 1, A DISTANCE OF 67.36 FEET WEST OF THE SOUTHEAST CORNER THEREOF, AND A LINE PARALLEL TO, AND 15.00 FEET WEST OF THE AFORESAID LINE, AND ALL GRANTORS' INTEREST IN AND TO THAT PART OF YORK ROAD ABUTTING ON SAID PROPERTY), ACCORDING TO THE PLAT THEREOF RECORDED MARCH 19, 1947 AS DOCUMENT 517542, IN DUPAGE COUNTY, ILLINOIS. PARCEL 2: THAT PART OF THE NORTH 65 FEET OF THE EAST 428.8 FEET OF LOT 1 OF HOEHNE'S ASSESSMENT PLAT OF PART OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS; LYING BETWEEN A LINE ADJOINING A POINT IN THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 70.0 FEET WEST OF THE NORTHEAST CORNER, WITH A POINT IN THE SOUTH LINE OF SAID NORTH 65 FEET OF THE EAST 428.8 FEET OF SAID LOT 1, A DISTANCE OF 67.36 FEET WEST OF THE SOUTHEAST CORNER THEREOF, AND A LINE PARALLEL TO AND 15.00 FEET WEST OF THE AFORESAID LINE, AND ALL GRANTORS' INTEREST IN AND TO THAT PART OF YORK ROAD ABUTTING ON SAID PROPERTY; IN DUPAGE COUNTY, ILLINOIS. Address: 1802 York Road PIN:06-24-303-009: PARCEL 1.- THE :THE SOUTH 65 FEET OF THE NORTH 130 FEET OF THE EAST 428.8 FEET OF LOT 1 IN HOEHNE'S ASSESSMENT PLAT OF PART OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT THAT PART OF THE SOUTH 65 FEET OF THE NORTH 130 FEET OF THE EAST 428.8 FEET OF SAID LOT 1 WHICH LIES EASTERLY OF A STRAIGHT LINE DRAWN FROM A POINT IN THE NORTH LINE OF THE SOUTH 65 FEET OF THE NORTH 130 FEET OF THE EAST 428.8 FEET OF SAID LOT 1, DISTANT 67.36 FEET WEST OF THE NORTHEAST CORNER THEREOF, TO A POINT IN THE SOUTH LINE OF THE SOUTH 65 FEET OF THE NORTH 130 FEET OF THE EAST 428.8 FEET OF SAID LOT 1, DISTANT 64.72 FEET, MORE OR LESS, WEST OF THE SOUTHEAST CORNER THEREOF) AND (EXCEPT THAT PART OF THE SOUTH 65 FEET OF THE NORTH 130 FEET OF THE EAST 428.8 FEET OF SAID LOT Ordinance 2010-ZO-MA-EX1-S-1274 1800, 1802 and 1806 York Road Map Amendment R-3 to 0-4 Page 4 of 5 1 WHICH LIES WESTERLY OF A STRAIGHT LINE DRAWN FROM A POINT IN THE NORTH LINE OF THE SOUTH 65 FEET OF THE NORTH 130 FEET OF THE EAST 428.8 FEET OF SAID LOT 1, DISTANT 119.61 FEET EAST OF THE NORTHWEST CORNER TO A POINT IN THE SOUTH LINE OF THE SOUTH 65 FEET OF THE NORTH 130 FEET OF THE EAST 428.8 FEET OF SAID LOT 1, DISTANT 63.24 FEET, MORE OR LESS, EAST OF THE SOUTHWEST CORNER THEREOF) ACCORDING TO THE PLAT THEREOF RECORDED MARCH 19, 1947 AS DOCUMENT NUMBER 517542 IN DUPAGE COUNTY, ILLINOIS. PARCEL 2: THE SOUTH 5 FEET OF THE NORTH 135 FEET OF THE EAST 428.8 FEET OF LOT 1 IN HOEHNE'S ASSESSMENT PLAT OF PART OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 39, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT THAT PART THEREOF LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SOUTHWEST QUARTER THAT IS 252.52 FEET WEST, AS MEASURED ALONG SAID NORTH LINE OF THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER AND IN THE ESTABLISHED SOUTHEASTERLY RIGHT OF WAY LINE OF FEDERAL AID ROUTE 131; THENCE SOUTHWESTERLY, ALONG SAID SOUTHEASTERLY RIGHT OF WAY LINE WHICH FORMS AN ANGLE OF 49 DEGREES 10 MINUTES 30 SECONDS (IN THE SOUTHWEST QUADRANT), 979.86 FEET TO A POINT IN THE EASTERLY LINE OF THE TORODE ESTATE AND THE TERMINATION POINT OF SAID LINE ALSO EXCEPT THAT PART THEREOF LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SOUTHWEST QUARTER THAT IS 70 FEET WEST, AS MEASURED ALONG SAID NORTH LINE OF THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTHERLY 295.82 FEET, MORE OR LESS, TO A POINT ON THE NORTH LINE OF THE SCHOOL LOT THAT IS 58 FEET WEST OF THE EAST LINE OF SAID SOUTHWEST QUARTER AND THE TERMINATION POINT OF SAID LINE) ACCORDING TO THE PLAT RECORDED MARCH 19, 1947 AS DOCUMENT NUMBER 517542, IN DUPAGE COUNTY, ILLINOIS. Address: 1806 York Road PIN: 06-24-303-011 PARCEL 1: THAT PART OF LOT 1 IN HOEHNE'S ASSESSMENT PLAT OF PART OF THE SOUTHWEST Y4 OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 19, 1947 AS DOCUMENT 517542, DESCRIBED BY COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1 AND RUNNING THENCE SOUTH ON SAID EAST LINE, 135.0 FEET; THENCE CONTINUING SOUTH ON SAID EAST LINE, 160.87 FEET TO THE NORTHEAST CORNER OF SCHOOL LOT; THENCE WEST ON THE NORTH LINE OF SCHOOL LOT, 58.0 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND CONVEYED TO OAK PARK NATIONAL BANK BY DEED RECORDED AS DOCUMENT 782579 FOR A POINT OF BEGINNING; THENCE CONTINUING WEST ON SAID NORTH LINE OF SCHOOL LOT, 74.0 FEET TO THE NORTHWEST CORNER OF SAID SCHOOL LOT; THENCE SOUTH ON THE WEST LINE OF SAID SCHOOL LOT, 65.0 FEET TO THE NORTH LINE OF PROPERTY CONVEYED TO THE ILLINOIS STATE TOOL ROAD COMMISSION BY WARRANTY DEED RECORDED SEPTEMBER 26, 1957 AS DOCUMENT 857785, THENCE WESTERLY ON SAID NORTH LINE, 361.32 FEET TO ITS INTERSECTION WITH THE EAST LINE OF A SECOND TRACT OF LAND CONVEYED TO THE OAK PARK NATIONAL BANK BY SAID DEED RECORDED AS DOCUMENT 792579, THENCE NORTHEASTERLY ON SAID EAST LINE, 168.37 FEET TO THE POINT OF INTERSECTION OF SAID EAST LINE WITH THE SOUTH LINE OF THE NORTH 135.0 FEET OF SAID LOT 1; THENCE EASTERLY ON SAID SOUTH LINE OF THE NORTH 135.0 FEET, AS DISTANCE OF 305.38 FEET TO THE NORTHWEST CORNER OF SAID FIRST TRACT OF LAND, SAID POINT BEING 64.5 FEET WEST OF THE EAST LINE OF SAID LOT1; THENCE SOUTH OF THE WEST LINE OF SAID FIRST TRACT OF LAND, 160.86 FEET TO THE POINT OF BEGINNING, IN DU PAGE COUNTY, ILLINOIS. Ordinance 2010-ZO-MA-EX1-S-1274 1800, 1802 and 1806 York Road Map Amendment R-3 to 0-4 Page 5 of 5 PARCEL 2: THAT PART OF THE SOUTHWEST Y4 OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED BY COMMENCING AT THE NORTHEAST CORNER OF LOT 1 OF HOEHNE'S ASSESSMENT PLAT OF SAID SOUTHWEST Y4, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 19, 1947 AS DOCUMENT 517542; RUNNING THENCE SOUTH ON THE EAST LINE OF SAID LOT 1, (BEING ALSO THE EAST LINE OF SAID QUARTER SECTION) 135.0 FEET; THENCE CONTINUING SOUTH ON SAID EAST LINE, 160.87 FEET TO THE NORTHEAST CORNER OF SCHOOL LOT; THENCE WEST ON THE NORTH LINE OF SCHOOL LOT 58.0 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND CONVEYED TO THE OAK PARK NATIONAL BANK BY DEED RECORDED AS DOCUMENT 782579; THENCE CONTINUING WEST ON SAID NORTH LINE OF SAID SCHOOL LOT, 74.0 FEET TO THE NORTHWEST CORNER OF SAID SCHOOL LOT, FOR A POINT OF BEGINNING; RUNNING THENCE SOUTH ALONG THE WEST LINE OF SAID SCHOOL LOT, 65.0 FEET TO THE NORTH LINE OF PROPERTY CONVEYED TO THE ILLINOIS STATE TOLL ROAD COMMISSION BY WARRANTY DEED RECORDED SEPTEMBER 26, 1957 AS DOCUMENT 857785; THENCE SOUTHEASTERLY ALONG SAID NORTH LINE OF SAID TOLL COMMISSION PROPERTY, 66.14 FEET TO A POINT 94.95 FEET SOUTH OF THE NORTH LINE OF SAID SCHOOL LOT; THENCE NORTH 94.95 FEET TO SAID NORTH LINE OF SAID SCHOOL LOT; THENCE WEST ALONG THE NORTH LINE OF SAID SCHOOL LOT, 59.0 FEET TO THE POINT OF BEGINNING, IN DU PAGE COUNTY, ILLINOIS.