S-1593 - 01/28/2020 - VARIATION - Ordinances ITEM 8.A.1
BOARD OF TRUSTEES MEETING
VILLAGE OF SAMUEL E. DEAN BOARD ROOM
OAK BR , K , BUTLER GOVERNMENT CENTER
c 1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
630-368-5000
AGENDA ITEM
Regular Board of Trustees Meeting
of
January 28,2020
SUBJECT: Oak Brook Park District, 1450 Forest Gate Road - Amend Ordinance
S-1403 for Ball Field Lighting
FROM: Tony Budzikowski, AICP, Development Services Director -1-F
BUDGET SOURCE/BUDGET IMPACT: NA
RECOMMENDED MOTION: I move that the Village Board approve
Ordinance S-1593, which amends and provides for technical corrections to
Ordinance S-1403 related to ball field lighting at Central Park.
Background/History:
This request was previously before the Village Board on November 26, 2019 and
continued to finalize the details of the ordinance amendments.
Representatives from the Forest Gate Homeowners Association, Oak Brook Park District
and Village of Oak Brook have been meeting to discuss changes to Ordinance S-1403
concerning certain technical corrections for the ball field lighting at Central Park. The
purpose of these meetings was to discuss some problems with vagueness and uncertainty
in the adopted ordinance language and to clarify the terms and conditions related to
enforcement provisions of the ordinance. Some of the necessary points of clarification
were as follows:
• the geographic location of light level measurements
• timeline to conduct the measurements
• deadline for written report distribution of the measurements
• clarification on the compliance date for the correction of any nonconforming
lights
All of the represented parties involved with the meeting determined that the above
ordinance amendments constituted minor technical corrections to S-1403. That being
REG BOT 012820 Agenda Item 8.A.1-Park District 1450 Forest Gate-TA.doc
Page 1
RG
said, the Village also determined it was important that the discussion and adoption of any
new ordinance language was conducted at an open meeting in order to be transparent and
to be sure that the public had an opportunity to listen to the proposal and provide
comments.
A copy of ordinance S-1593 has been provided for review and reference purposes. The
originally approved S-1403, adopted on July 8, 2014 has also been included in the packet
for reference purposes as well.
Recommendation
Approve Ordinance S-1593.
REG BOT 012820 Agenda Item 8.A.1 -Park District 1450 Forest Gate-TA.doc
Page 2
THE VILLAGE OF OAK BROOK
COOK AND DUPAGE COUNTIES, ILLINOIS
ORDINANCE
NUMBER 2020-ZO-V-EX-S-1593
AN ORDINANCE GRANTING AN AMENDMENT TO
VARIATIONS REGARDING THE USE OF THE BALL FIELD
LIGHTS AT 1450 FOREST GATE ROAD
IN THE VILLAGE OF OAK BROOK, ILLINOIS
GOPAL G. LALMALANI, Village President
CHARLOTTE K. PRUSS, Village Clerk
JOHN BAAR
PHILIP CUEVAS
MICHAEL MANZO
MOIN SAIYED
EDWARD TIESENGA
ASIF YUSUF
Village Board
Published in pamphlet form by authority of the
President and the Board of Trustees of the Village of Oak Brook
on this the 28th day of January, 2020
ORDINANCE 2020-ZO-V-EX-S-1593
AN ORDINANCE GRANTING AN AMENDMENT TO VARIATIONS
REGARDING THE USE OF THE LIGHTS AT
1450 FOREST GATE ROAD IN THE VILLAGE OF OAK BROOK
(Oak Brook Park District—1300-1500 Forest Gate Road,Oak Brook,Illinois 60523
PINS: 06-26-303-001;06-26-303-002;06-26-303-003;06-26-303-004;06-35-400-031)
WHEREAS,the Oak Brook Park District("District")owns the property located at 1300 to
1500 Forest Gate Road and legally described in Exhibit A attached hereto and incorporated herein
("Property");and
WHEREAS, Fields 1,2,3,4(collectively,"Ball Fields"),and a synthetic turf soccer field
("Soccer Fields") are located on the Property, as depicted in Exhibit B attached hereto and
incorporated herein;and
WHEREAS,the Property is located in the Village's CR Conservation/Recreation District;
and
WHEREAS,the maximum height for structures in the CR Conservation/Recreation District,
pursuant to Section 13-5-4 of the"Zoning Ordinance of the Village of Oak Brook,"as amended
("Zoning Regulations"),is 30 feet,although structures in this District may have a maximum height
of 40 feet upon issuance by the Village of a special use permit;and
WHEREAS,upon application of the District,on August 9,1994,and pursuant to Ordinance
94-ZO-V-El-S-779 ("5-779"), the President and Board of Trustees granted a variation to the
District from the Zoning Regulations to allow the District to construct 64.5-foot high light poles
on Fields 2 and 3,which variation was subject to certain conditions;and
WHEREAS,upon further application of the District,on September 28,2004,and pursuant
to Ordinance 2004-ZO-V-S-1084 ("5-1084"), the President and Board of Trustees granted an
additional variation to the District to permit the construction of 70-foot high light poles on Field
1,subject to certain conditions,which included restrictions on the days and hours the lights on
the Ball Fields could be used;and
WHEREAS,upon further application of the District,on October 12,2010,and pursuant to
Ordinance 2010-ZO-V-EX1-S-1296("5-1296"),the President and Board of Trustees amended 5-
1084 to,among other things,adjust the conditions in 5-1084 that restricted the days and hours
the lights on the Ball Fields could be used,and to allow adult athletic teams to use the lights on
Field 1;and
WHEREAS,upon further application of the District,on September 25,2012,and pursuant
to Ordinance 2012-ZO-V-EX1-S-1350("5-1350"),the President and Board of Trustees granted the
District an additional variation to construct four seventy-foot high light poles on the previously
unlighted Soccer Field("Soccer Field Light Variation");and
WHEREAS,the Soccer Field Light Variation was subject to certain conditions, including
limited restrictions on the hours during which the Soccer Field lights could be used,and limited
restrictions providing that the Soccer Field Lights could be used only from April 1 to November
15("Soccer Field Days Restriction");and
WHEREAS,on February 12,2013,and pursuant to Ordinance 2013-ZO-V-EX-S-1361("S-
1361")("Park District Variation Ordinance"),the President and Board repealed 5-779,5-1084,5-
1296, and 5-1350 and restated the variations granted,and the conditions imposed, by those
Ordinances in one consolidated ordinance containing the conditions and requirements related
to the District's use of the Ball Fields and the Soccer Field under the Village Zoning Regulations;
and
WHEREAS,on September 6,2013,the District filed a new petition("Petition")requesting
an amendment to the Park District Variation Ordinance to eliminate the Soccer Field Days
Restriction,with the effect that under the Petition,Soccer Field lights would be allowed to be
utilized 365 days a year("Proposed Amendment");and
WHEREAS,on October 1,2013,the Oak Brook Zoning Board of Appeals("ZBA")conducted
a public hearing,pursuant to due and appropriate legal notice,on the Petition for its Proposed
Amendment;and
WHEREAS, after the close of the public hearing, the ZBA found that the District
satisfactorily addressed the facts required for approval of the Proposed Amendment set forth in
Section 13-4-61)of the Zoning Regulations and,in a letter to the President and Board of Trustees
dated October 16,2013,the recommended approval of the Proposed Amendment subject to
certain conditions;and
WHEREAS,the Village Board publicly considered and publicly continued this consideration
of the Proposed Amendment at its November 12, November 26, and December 10, 2013
meetings,and at its January 14,February 11,April 8,May 27 and June 10,2014 meetings;and
WHEREAS,at the June 10,2014 meeting,the Village Board continued the consideration
of the Proposed Amendment to its July 8,2014 meeting;and
WHEREAS,in response to the Proposed Amendment,the Village Board,Village Staff,and
Village Attorney have worked determinedly to foster intergovernmental cooperation with the
District in order to develop changes to the Park District Variation Ordinance that reasonably and
clearly provide the District with adjustments to the lighting restrictions related to the Ball Fields
and the Soccer Field,while mitigating to the extent possible the impacts of the use of the lights
on the Ball Fields and Soccer Field on the surrounding residents'ability to enjoy the use of their
residential properties;and
WHEREAS,the President and Board of Trustees have determined that the amendments
to the Park District Variation Ordinance as set forth in this Ordinance are reasonable and fair and
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carefully address the Village's legitimate interests in(1)providing zoning relief to the District that
complies with the standards set forth in Section 13-14-6 of the Zoning Regulations,(ii)minimizing
the injurious effects of the lights for the Ball Fields and the Soccer Field upon surrounding
residential properties,and(iii)otherwise protecting the general purpose and intent of the Zoning
Regulations;and
WHEREAS, the conditions set forth in this Ordinance related to the brightness and
intensity of the Ball Field and Soccer Field lights are intended to allow the District to generally
use the Ball Field and Soccer Field lights at the brightness and intensity levels at which they are
currently being used;and
NOW,THEREFORE,BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF OAK BROOK,DUPAGE 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. Amendment to Variation Ordinance 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,Section 3 of 5-1361 is hereby amended in its entirety so
that Section 3 of 5-1361 shall hereinafter be and read as follows:
"Section 3. Conditions. Notwithstanding a use or development right that may be
applicable or available pursuant to the provisions of the Zoning Regulations or any other rights
the District may have,the approvals granted in Section 2 of this Ordinance are expressly subject
to and contingent upon each of the following conditions:
A. International Lights on Field 1 The original light configuration on Field 1 will be
altered to include International Lights which can be focused onto Field 1 and placed
on the light standards that face directly towards the Forest Gate subdivision located
immediately south of the Property("Forest Gate") (approximately 15 of 41 total
lights);and
B. Illumination Standards for Fields 1 2 3 4 and the Soccer Field.
I. The illumination from the lights on Fields 1, 2, 3, 4 and the Soccer Field,
collectively,may not exceed''/:foot candle at the property line of Forest Gate.
II. All non-LED individual light fixtures that illuminate Fields 1,2,3,4,including,
without limitation, any light fixtures that are installed to illuminate any
additional baseball fields installed on the Property,shall not exceed 30 foot
lamberts of intensity,subject to up to 10 percent fluctuation,and temporary
fluctuation for any newly installed light bulbs that may occur while the light
bulbs decay to their normal luminance level, as measured from an
unobstructed view of each light fixture as needed from the brightest locations
as determined by the lighting consultant, with input from the Forest Gate
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Homeowners Association,within the region bounded by the Southerly-most
curb line of the ring road and extending South up to and including the top
plateau of the bermed earthworks,in Forest Gate(the"Measurement Zone")
and generally depicted for demonstrative guidance on the diagram
attached hereto as Exhibit C.
Ill. All individual light fixtures that illuminate the existing Soccer Field shall not
exceed 40 foot lamberts of intensity,subject to up to 10 percent fluctuation,
and temporary fluctuation for any newly installed light bulbs that may occur
while the light bulbs decay to their normal luminance level,as measured from
an unobstructed view from the northerly-most lot lines of lots 67,68 and 69
in Forest Gate.
C. Landscaping. The District will transport mature landscaping from within the District
to the Forest Gate Road side of Field 1 that will grow to block the view and aura of the
lights from Forest Gate residences;and
D. Retrofitting Lights on Field 2 and 3 The District will retrofit the existing lights on Fields
2 and 3 with Qualite Sports Lighting Fixtures,International Series,or an alternative
type of lighting fixture reasonably acceptable to the Village.
E. Walking and Parking Signs. The district will install walking paths and parking signs to
direct patrons to proper parking locations near the Family Recreation Center and the
Racquet Club;and
F. Installation of Light Switches The District will ensure the retrofitting of automatic off
light switches on Fields 2 and 3 and install automatic off light switches on Fields 1 and
4 and on the Soccer Field.
G. Dates of Operation of Lights
1. The District will only use the lights on Fields 1,2,3 and 4 between April 1 and
November 15,provided,however,that between November 1 to November 15,
the District will only use the lights on Field 1 for youth athletic teams(high
school age and younger). The lights on Fields 1,2,3 and 4 will not be used for
any reason between November 16 and March 31.
II. Subject to Paragraph III of this Subsection,the District will only use the lights
on the Soccer Field between March 1 and December 15. The lights on the
Soccer Field will not be used for any reason between December 16 and the last
day of February("Soccer Field Date Restriction").
III. The Soccer Field Date Restriction will not apply if:(i)the Class of Play for soccer
illumination levels is reduced from II to either III or IV, as defined in the
Illuminating Engineering Society of North America's Lighting Handbook,Tenth
Edition published in 2011;or(ii)all of the individual lights on the Soccer Field
produce no more than 30 foot lamberts of intensity,subject to temporary
fluctuation for any newly installed light bulbs that may occur while the light
bulbs decay to their normal luminance level,at all times of year as measured
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from an unobstructed view of any Soccer Field light fixture from the northerly-
most lot lines of lots 67,68 and 69 in Forest Gate.
H. Times of Operation of Lights.Subject to the restrictions on dates in Subsection
G of this Ordinance,the lights on Fields 1,2,3,4 and the Soccer Field will:(1)
have secure activations that are only accessible by the coaches of the teams
using the Fields;and(2)automatically shut off no later than:
I. 10:30 p.m.for the lights on Fields 2,3 and 4
II. 9:00 p.m.for the lights on Field 1
111. If the Soccer Field Date Restriction applies,then 10:30 p.m.for the
lights on the Soccer Field. If the Soccer Field Date Restriction does not
apply,then 9:30 p.m.from December 15 to the last day of February,
and 10:30 p.m.from March 1 to December 14.
I. Testing of Lights.
I. Testing Requirements Applicable to Non-LED lighting. In order to
ensure compliance with the conditions contained in Section 3.8.(11)of
this Ordinance,until such time as LED lights are installed,the District
will retain a third-party lighting professional reasonably approved in
advance by the Village to conduct a light measurement test applicable
to the non-LED lights between October 1 and December 15 of each
year to insure that non-LED lights on Fields 2,3,4,and any future fields
that may be installed on the Property,comply with Section 3 of this
Ordinance("Non-LED Test"). The conditions in Subsection 3.G of this
Ordinance will not apply during the Non-LED Test. The Non-LED Test
will be conducted,on not less than 7 days prior written notice,in the
presence of Village employees designated by the Village,
representatives of the Park District, and one to four individuals
designated by the Forest Gate Homeowners Association,and results
will be documented in a written report that will be simultaneously
shared by the consultant, in its entirety, with the Park District, the
Forest Gate Homeowners Association and the Village,within not more
than thirty(30)days after conduct of the Non-LED Test. If a Non-LED
Test determines that any of the Non-LED lights on Fields 2,3,4,or any
fields that may be installed on the Property do not comply with Section
3 of this Ordinance, the Park District will bring the lights into
conformance with the requirements of Section 3 prior to the next
recreational use of the non-conforming lights by the Park District.
II. Termination of Lights Testine for LED Lighting. The Park District's
obligation to measure light levels for a ballfield light fixture as required
in Section 3.1.(1)shall terminate upon completion of the following:(i)
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installation of LED lighting for said fixture;and(ii)an initial test on or
before next recreational use of the LED lighting,to confirm that light
levels are consistent with the limitations set forth above.The Park
District shall provide Forest Gate Homeowner's Association and the
Village with a copy of the test results not more than 30 days after the
test has been conducted. Commencing after the Park District's
installation of LED lighting at any ballfield located on the Property,if
the Forest Gate Homeowner's Association believes in good faith that
one or more specified LED lights are not in compliance with the
standards set forth in Sections 3B(II)and(III)above,it shall provide
written notice to the Village Manager identifying the field and the
alleged non-compliant light fixture("FG Notice").Within 10 days after
receipt of the FG Notice from the Association,the Village shall notify
the Park District and:(i)if the non-compliant LED fixture is out of its
intended position,the Park District shall securely re-position the fixture
to its designed position prior to the later of(i)the next recreational
use,or(ii)30 days after the FG Notice and no test shall be required;or
(ii) if the non-compliant LED fixture is within the parameters of its
intended position,the Park District shall retain a lighting consultant to
measure the light levels from the alleged non-compliant fixture("LED
Test"),(following the process and procedure set forth for a Non LED
Test set forth above). If the LED Test indicates the fixture does not
comply with the standards set forth in Section 3B(II)or(III),the Park
District shall,prior to the later of(i)the next recreational use,or(ii)30
days after the LED Test,modify the lighting configuration to achieve
full compliance.If readings from the alleged non-compliant fixture(s)
do comply with the standards set forth in Section 3B(II)or(III),the
Homeowners Association shall,within 30 days of receipt of a copy of
the paid consultant's invoice for such LED Test, reimburse the Park
District's for the consultant's fees to conduct the LED Test.The Park
District shall not be required to conduct more than one(1)LED test per
calendar year.
J. Review of On-Street Parking. On-street parking shall continue to be allowed
on Forest Gate Road("Parking")until July 31,2013 while the Village studies
whether the Parking creates any safety issues. If,on or after July 31,2013,the
Village determines,in its sole discretion,that the Park is not safe,the Village
reserves the right to relocate or remove the Parking and the District shall
cooperate with the Village to develop a plan to remove the Parking and make
alternate parking arrangements for persons using Fields 1, 2, 3, 4 and the
synthetic turf soccer field;and
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K. Compliance with Applicable Law. In addition to the other specific
requirements of this Ordinance,the Property,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;and
L. Agreement and Consent. Within 60 days after the date of final passage of this
Ordinance,the District will execute and file with the Village Clerk,for recording
in the Office of the DuPage County Recorder of Deeds, an unconditional
agreement and consent,as attached to this Ordinance as Exhibit C,to accept
and abide by each and all of the terms,conditions,and limitations set forth in
this Ordinance("Unconditional Agreement and Consent").
Section 3. Failure to Comply with Conditions. Upon failure or refusal of the District
to comply with any or all of the conditions,restrictions,or provisions of 5-1361,as amended by
this Ordinance,the Variation Amendment granted in Section 2 of this Ordinance will,at the sole
discretion of the Village President and the Village Board of Trustees,by ordinance duly adopted,
be revoked and become null and void.
Section 4. 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 5. 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 6. Effective Date. This Ordinance will be effective only upon passage by the
President and Board of Trustees of the Village of Oak Brook in the manner required by law and
publication in pamphlet form in the manner required by law.
Effective Date.This Technical Correction is made to apply prospectively from the date of
approval shown below,upon approval by the President and Board of Trustees of the Village of
Oak Brook in the manner required by law and publication in pamphlet form in the manner
required by law.
TECHNICAL CORRECTION APPROVED AND PASSED THIS.�Z day of j--&r �&b20.
Gopal G.Lalmalani Village President
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Ayes:Trustee Baar,Cuevas,Manzo,Saiyed,Tiesenga,Yusuf
Nays: None
Absent: None
OF 044, ATTEST:
tj
Charlotte K.Pruss
Village Clerk
Uri I
8
EXHIBIT A
LEGAL DESCRIPTION
The Subject Property,which is currently zoned Conservation/Recreation district is located
within the corporate limits of the Village of Oak Brook, commonly referred to as 1300-
1500 Forest Gate Road,Oak Brook, Illinois 60523 with the legal description as follows:
That part of Lot 1 in Oak Brook Investment Company Assessment Plat No.3,of parts of
Section 26,Township 39 North,Range 11,East of the Third Principal Meridian,according
to Plat thereof recorded July 23,1964 as Document No.R64-26333 described as follows:
LOT#1
Commencing at the Southeast comer of said Lot 1; thence North 89 degrees-40'-30"
West along the South line of said Lot 1,a distance of 178.85 feet;thence North O Degrees
-05'-40"West,a distance of 80.00 feet;thence North 89 Degrees-40'-30"West,and
parallel with the South line of Lot 1,a distance of 100.00 feet to the place of beginning;
thence North O degrees- 05'-40"West, a distance of 1122.50 feet; thence South 89
degrees-53'-48"West,a distance of 26.78 feet;thence North 70 degrees-48'West,a
distance of 324.80 feet;thence North 63 degrees-49'-West,a distance of 256.19 feet;
thence North 81 degrees-09'West,a distance of 231.71 feet;thence South 89 degrees
-42'West,a distance of 842.44 feet;thence South 75 degrees-20'West,a distance of
532.46 feet more or less to a point on the Easterly boundary line of land conveyed to the
State of Illinois for use of the Department of Public Works and Buildings per deed
recorded January 9, 1969 as Document No. R69-1030;thence Southerly along the East
line of land conveyed to the State of Illinois per Document No. R69-1030 the following
three(3)courses or curves and distances:(1)thence Southerly along an arc of a circle,
having a radius of 4658.35 feet(4654.65 feet Deed),being convex to the West,the chord
thereof having a bearing of South 2 degrees-46'-57"East,and a length of 397.63 feet,
an arc-distance of 397.75 feet;(2)thence South 9 degrees-21'-58"East,a distance of
195 feet; (3)thence Southerly along an arc of a circle, having a radius of 4648.35 feet
(4644.65 feet Deed), being convex to the West, the chord thereof having a bearing of
South 12 degrees-09'-31"East,and a length of 734.61 feet an arc distance of 735.37
feet to the intersection with the South line of Lot 1,aforesaid;thence South 89 degrees-
40'-30"East along the South line of said Lot 1,a distance of 1144.17 feet more or less to
a point, which is 1080.84 feet Westerly of the Southeast corner of said Lot 1; thence
Northerly along an arc of a circle,having a radius of 1487 feet,being convex to the East,
the chord thereof having a bearing of North 8 degrees-00'-34"West and a length of
80.85 feet,an arc-distance of 80.86 feet;thence South 89 degrees-40'-30"East,and
parallel with the South line of Lot 1,aforesaid,a distance of 813.12 feet to the place of
beginning,(except that part thereof described as follows:
LOT#3
Commencing at the Southeast corner of said Lot 1;thence North 89 degrees-40'-30"
West along the South line of said Lot 1,a distance of 178.85 feet;thence North O degrees
-05'-40"West,a distance of 80.00 feet;thence North 89 degrees-40'-30"West,and
parallel with the South line of Lot 1,a distance of 846.17 feet to the place of beginning;
thence continuing North 89 degrees-40'30"West and parallel with the South line of said
Lot 1,a distance of 620 feet;thence North 4 degrees-21'West,a distance of 845.91
feet;thence South 89 degrees-40'-30'East and parallel with the South line of said Lot
1,a distance of 620 feet;thence South 4 degrees-21'East,a distance of 845.91 feet to
the place of beginning;)and(except that part thereof described as follows:
LOT#4
Commencing at the Southeast corner of said Lot 1;thence North 89 degrees-40'-30"
West along the South line of said Lot 1,a distance of 178.85 feet;thence North O degrees
-05'-40"West,a distance of 80.00 feet;thence North 89 degrees-40'-30"West,and
parallel with the South line of Lot 1,a distance of 913.12 feet to the place of beginning;
thence continuing North 89 degrees-40'-30"West and parallel with the South line of
said Lot 1, a distance of 553.05 feet; thence North 4 degrees-21'West,a distance of
467.36 feet;thence North 89 degrees-40 degrees-30"West and parallel with the South
line of said Lot 1, a distance of 672.89 feet more or less to a point on the Easterly
boundary line of land conveyed to the State of Illinois for use of the Department of Public
Works and Buildings per deed recorded January 9, 1969 as Document No. R69-1030;
thence Southerly along said Easterly line of land conveyed to the State of Illinois per
Document No. R69-1030, being an arc of a circle, having a radius of 4648.35 feet
(4644.65 feet Deed), being a convex to the West, having a chord bearing of South 13
degrees-13'-43"East and a length of 561.44 feet,an arc-distance of 1144.17 feet more
or less to a point,which is 1080.84 feet Westerly of the Southeast comer of said Lot 1;
thence Northerly along an arc of a circle, having a radius of 1487 feet, being convex to
the East,the chord thereof having a bearing of North 8 degrees-00'-34"West and a
length of 80.85 feet,an arc-distance of 80.86 feet to the place of beginning;)containing
44.0000 Acres more or less,in DuPage County,Illinois.
LOT#2
That part of Lot I in Oak Brook Investment Company Assessment Plat No. 3 of parts of
Section 26,Township 39 North,Range 11,East of the 3rd Principal Meridian,according
to Plat thereof recorded July 23,1964 as Document No.R64-26333 described as follows:
Commencing at the Southeast corner of said Lot 1;thence North 89 degrees-40'-30"
West along the South line of said Lot 1,a distance of 178.85 feet;thence North O degrees
-05'-40"West,a distance of 80.00 feet;thence North 89 degrees-40'-30"West and
parallel with the South line of said Lot 1,a distance of 100.00 feet;thence North O degrees
-05'-40"West, a distance of 1122.50 feet to the place of beginning; thence South 89
degrees-53'-48"West,a distance of 26.78 feet;thence North 70 degrees-48'West,a
distance of 324.80 feet;thence North 63 degrees-49'West,a distance of 256.19 feet;
thence North 81 degrees-09'West,a distance of 231.71 feet;thence South 89 degrees
-42'West,a distance of 842.44 feet;thence South 75 degrees-20'West,a distance of
532.46 feet more or less to a point on the Easterly boundary line of land conveyed to the
State of Illinois for use of the Department of Public Works and Buildings per deed
recorded January 9, 1969 as Document No. R69-1030; thence Northerly along said
Easterly line of land conveyed to the State of Illinois per Document No R69-1030,being
an arc of a circle, having a radius of 4658.35 feet(4654.65 feet Deed), being convex to
i
i
the West,the chord thereof havinga b _ _
Barin of North O degrees 20'
9 g 38 East,a chord
and arc-distance of 110.60 feet to a point in the center of Ginger Creek;thence Easterly
along the center thread of Ginger Creek the following seventeen( 17)courses and
distances:
(1)North 63 degrees-50'East,a distance of 61.97 feet;(2)thence North 73 degrees-
38'East,a distance of 226 feet;(3)thence North 78 degrees-02'East,a distance of 220
feet;(4)thence South 88 degrees-54'East,a distance of 562 feet;(5)thence North 70
degrees-27'East,a distance of 36 feet;(6)thence North 88 degrees-29'feet East,a
distance of 284 feet;(7)thence South 81 degrees-57'East,a distance of 218 feet;(8)
thence North 88 degrees-30'East,a distance of 40 feet;(9)thence South 39 degrees-
14'East,a distance of 72 feet;(10)thence North 75 Degrees-39 feet East,a distance
of 74 feet;(11)thence South 27 degrees-19'East,a distance of 60 feet;(12)thence
South 79 degrees-02'East,a distance of 111 feet;(13)thence South 69 degrees-08'
East,a distance of 55 feet;(14)thence South 83 degrees-09'East,a distance of 73
feet;(15)thence South 77 degrees-19'East,a distance of 70 feet;(16)thence South
35 degrees-08'East,a distance of 80 feet;(17)thence South 55 degrees-08'East,a
distance of 41.32 feet more or less to a point located 98.19 feet North O degrees-05'40"
West of the place of beginning;thence South O degrees-05'-40"East,a distance of
98.18 feet to the place of beginning;containing 6.0000 Acres more or less,in DuPage
County,Illinois.
Also described as:
Lot 2 in Autumn Oaks Unit One,being a subdivision of part of Section 26,Township 39
North,Range 11,East of the Third Principal Meridian according to Plat thereof recorded
February 1,1973 as document No.R73-5825 in Du Page County,Illinois. PIN: 06-26-
303-002,003 and 004
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EXHIBIT C
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Exhibit D
Unconditional Agreement and Consent
WHEREAS, a petition has been submitted by the Oak Brook Park District, Property Owner
("Owner"),for the property located at 1450 Forest Gate Drive,Oak Brook,Illinois,which is legally described
in Exhibit 1 attached hereto and incorporated herein(hereinafter referred to as the"Subject property'),
requesting an amendment to the Variation to Sections 13-54 D(hereinafter referred to as the"Variation')
of the Zoning Ordinance of the Village of Oak Brook,as amended("Zoning Regufations'l to permit new
terms and conditions for use of ballfield lights,installation of new fixtures and monitoring of same;and
WHEREAS, Ordinance No. 2020-ZO-V-EX-S-1593, adopted by the President and Board of
Trustees of the Village of Oak Brook on January 28,2020 grants amendments to variations regarding the
use of the ball field lights at 1450 Forest Gate Road,subject to certain modifications,conditions,restrictions,
and provisions;and
WHEREAS,the Ordinance provides,among other things,that the Ordinance will be of no force or
effect unless and until 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,Owner does hereby agree and covenants 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 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 use of the Property,the construction of improvements authorized hereby, 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 of such parties in connection with the operation and use of the Property,or the Village's
adoption of the Ordinance
5. The restrictions imposed by this Unconditional Agreement and Consent shall be restrictions running
with the land and shall be binding upon and inure to the benefit of the Owner and its successors,
assigns,agents,licensees,lessees,invitees,and representatives,including,without limitation,all
subsequent Owners of the Property,or any porton thereof,and all persons claiming under it to the
extent provided in this Unconditional Agreement and Consent. If any of the privileges or rights
created by this Unconditional Agreement and Consent would otherwise be unlawful or void for
violation of(1)the rule against perpetuities or some analogous statutory provision,(2)the rule
in
restricting restraints on alienation,or(3)any other statutory or common law rules imposg time
limits,then the affected privilege or right shall continue only until 21 years after the death of the last
survivor of the now living lawful descendants of the current President of the United States,or for
any shorter period that may be required to sustain the validity of the affected privilege or right.
6. 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.
IN WITNESS WHEREOF,Owner executed this Unconditional Agreement and Consent on this?day of
20 2-0.
Owner
1 a roo i5
State of Illinois )
County of DuPage )
I, Bonnie T GibeMina a Notary Public in and for the County and State aforesaid do
hereby certify that I acre 1. Kosey personally known to me,and that she appeared before me this
2_day of March 2020 and acknowledged that she personally executed this instrument
(SEAL) v Notary Publi
=PUbWr,_StM*
OF OAlr*
o
9 July 7, 2020
G C
CF�OUNtV,��•
Village Of Oak Brook Park District
Oak Brook Attn: Lorie Kosey
12Br Oak Brook Road 1450 Forest Gate Road
Oak Brook,IL 60523-2255
Oak Brook, Illinois 60523
Website
www.oak-brook.ore
Administration Re: Recorded Document on June 24, 2020
630.368.5000 Ordinance 2020-ZO-V-EX-S-1593, An Ordinance Granting an Amendment to
FAX 630.368.5045 Variations Regarding the Use of the Ball Field Lights at 1450 Forest Gate Road in the
Village of Oak Brook, Illinois
Community Development
630.368.5101 Document#R2020-065562
FAX 630.368.5128
Engineering
Department
630.368.5130 Dear Ms. Kosey:
FAX 630.368.3985
A copy of the above-mentioned recorded document is enclosed for your records. This
Fire Department is important information and should be retained in a secure area with your files.
630.368.5200
FAX 630.368.5128
Please do not hesitate to contact me at 630-368-5036 if you have any questions
Police Department regarding this matter.
630.368.8700
FAX 630.368.8739
Thank You,
Public Works
Department
630.368.5270
FAX 630.368.5295 *14"44,'V7
Oak Brook
Public Library Kathy Vonachen, CPP, CMC
H.R. Director
600 Oak Brook Road
Oak Brook,IL 60523
630.368.7700
FAX 630.368.7704
Enclosure
Oak Brook Sports Core
cc: Tony Budzikowski, Director of Development Services
Bath Tennis Club
700 Oak Brook Road g Dou Patchin, Director of Public Works& Engineering
Oak Brook,IL 60523 Official Files
630.368.6420
FAX 630.368.6439
Golf Club
2606 York Road
Oak Brook,IL 60523
630.368.6400
FAX 630.368.6419
....ii i3UCHOL7, RECORDER
DUPHrE COUNTY ILLINOIS
Portions of this document
06124,.12020 10.43 AM
ere IIIaglble at time
of tecording•
-cOCU LENT # R2020-065562
(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: ORDINANCE 2020-ZO-V-EX-S-1593 AN ORDINANCE GRANTING AN
AMENDMENT TO VARIATIONS REGARDING THE USE OF THE BALL FIELD LIGHTS AT
1450 FOREST GATE ROAD IN THE VILLAGE OF OAK BROOK ILLINOIS
Property Address/es OAK BROOK PARK DISTRICT-1300-1500 FOREST GATE ROAD
OAK BROOK ILLINOIS 60523
(If vacant land,so state and list nearest cross streets)
PIN No(s). 06-26-303-001.06-26-303-002,06-26-303-0030 06-26-303-004.06-35-400-031
Name&Address of Applicant:_ Lorie Kosev—Oak Brook Park District
1450 Forest Gate Road Oak Brook 11 60523
Name&Address of Responsible: Oak Brook Park District
Attn:Lori-Kose
Party to Receive of:
1450 FOREST GATE ROAD Oak Brook IL 60523
Copy
Recorded Document and Billing:
G/L Account to be charged: 10-1365
Prepared By&Return to: \ Village of Oak Brook
1200 Oak Brook Road
Oak Brook,IL 60523-2255
Name&Address of Recipient N/A
of Consideration(when applicable):
G/L Account to be charged:
STATE OF ILLINOIS )
SS
COUNTIES OF COOK AND DUPAGE )
I,Charlotte K.Pruss,do hereby certify that I am the duly elected and acting Village
Clerk of the Village of Oak Brook, DuPage and Cook Counties,Illinois.
I DO FURTHER CERTIFY that on January 28th,2020,the corporate authorities
of the above municipality passed and approved:
ORDINANCE 2020-ZO-V-EX-S-1593
AN ORDINANCE GRANTING AN AMENDMENT TO
VARIATIONS REGARDING THE USE OF THE BALL
FIELD LIGHTS AT 1450 FOREST GATE ROAD IN
THE VILLAGE OF OAK BROOK,ILLINOIS
1 DO FURTHER CERTIFY that the original document,of which the annexed copy
is a true copy,is entrusted to my care for safekeeping and I am the keeper of the same.
I DO FURTHER CERTIFY that I am the keeper of the records,journals, entries,
resolutions, ordinances and documents of the said Village of Oak Brook, DuPage and
Cook Counties, Illinois.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate
seal of the Village of Oak Brook this 7w day of May,2020.
�PVE 0 F 0�
9
0 0 Charlotte K. Pruss
Village Clerk
�nUN7Y •� Village of Oak Brook
DuPage and Cook Counties,Illinois