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R-1963 - 10/12/2021 - SUBDIVISIONS - Resolutions|∥∥∥lll樹 l∥llll醐 |1難11''14T= T卜 1:433二 事T二 学 ::去 T11:_=こ :: ∵. =角 ,■:1■. 111:菫 露曇El こ:暮 ,II■ = [:I彗 ,111「 IL:_ユ :`II:] 1lFi議 Flllil ll:暮 暮 去:→ lむ 二彗IE:鷲 1 1 111:11-1`●FI「=(Above Space For Recorder's OfFice Only)V:LLAGE OF OAK BR00K 1200 0ak Brook Road Oak Brook,:L 60523・ 2255 RECORDED DOCUMENT TITLE PACE Tlle of Document: RESOLUT10N 2021‐SR‐PP‐EX‐R‐1963 A RESOLUT:ON PROV:DING FOR AN EXTENS10N OF THE ONE YEAR T:ME PER:OD PERTA:NING TO THE APPROVAL OF THE PREL:MINARY PLAT OF SUBDIVIS10N FOR LOT 3 :N THE FRANKL:N SUBDiV:S10N :N THE V:LLAGE OF OAK BR00K APPROVED BY RESOLUT:ON R‐1909. R‐1842 and R‐1762 Property Address/es 1900 SPRING ROAD. OAK BROOK 60523 lf vacant land, so state and list nearest cross streets) PIN No(s).06‐23‐302…006 Name and Address of Applicant:Franklin 1900 Sprlnq Road LLC 1900 Sprinq Road Sule 420 Oak Brook,IL 60523 Name and Address of Responsible: Ravmond Warner Party to Receive Copy of. Recorded Document and Billing Ravmond Warner 1900 Spring Road Sune 420 Oak Brook,IL 60523 G/L Account to be charged: 10-1365 Name & Address of Recipient of Consideration (when applicable): G/L Account to be charged: スイ THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS ORDINANCE NUMBER 2021-SR-PP-EX-R-1963 A RESOLUTION APPROVING AN EXTENSION OF ONE YEAR PERTAINING TO THE APPROVAL OF THE PRELIMINARY PLAT OF SUBDIVISION FOR LOT 3 IN THE FRANKLIN SUBDIVISION IN THE VILLAGE OF OAK BROOK APPROVED BY RESOLUTION R-1909, R-1842 AND R-1762 GOPAL G. LALMALANI, Village President CHARLOTTE K. PRUSS, Village Clerk LAURENCE HERMAN MICHAEL MANZO JAMES NAGLE A. SURESH REDDY 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 12th day of October, 2021 RESOLUTION 2021-SR-PP-EX-R-1963 A RESOLUTION PROVIDING FOR AN EXTENSION OF THE ONE YEAR TIME PERIOD PERTAINING TO THE APPROVAL OF THE PRELIMINARY PLAT OF SUBDIVISION FOR LOT 3 IN THE FRANKLIN SUBDIVISION IN THE VILLAGE OF OAK BROOK APPROVED BY RESOLUTION R-1909, R-1842 and R-1762 1900 Spring Road, Oak Brook, Illinois PIN: 06-23-302-006 WHEREAS, the Village of Oak Brook, Cook and DuPage Counties, Illinois (hereinafter referred to as the “Village”) is a municipal corporation with authority provided for and granted pursuant to the Illinois Municipal Code to exercise certain powers and perform certain functions pertaining to its local government and affairs; WHEREAS, the Village is authorized by the Illinois Municipal Code, 65 ILCS 5/11-13-5, to vary its zoning regulations where there are practical difficulties or particular hardship in observing those regulations for the use, construction or alteration of buildings or structures or the use of land; WHEREAS, the property commonly referred to as 1900 Spring Road, Oak Brook, Illinois (hereinafter referred to as the “Subject Property”) previously received preliminary plat of subdivision approval; WHEREAS, the Village of Oak Brook Plan Commission previously recommended approval of the request for the preliminary plat of subdivision for the Subject Property with certain conditions, and in compliance with the laws of the State of Illinois and ordinances of the Village of Oak Brook; WHEREAS, on November 13, 2018 the Village Board of Trustees finding the request to be reasonable approved Resolution 2018-SR-PP-EX-R-1762 (hereinafter referred to as “Resolution R- 1762”) approving the preliminary plat of subdivision; WHEREAS, on November 26, 2019 the Village Board of Trustees finding the first extension request to be reasonable approved Resolution 2019-SR-PP-EX-R-1842 (hereinafter referred to as “Resolution R- 1842”) approving the preliminary plat of subdivision; WHEREAS, on October 27, 2020 the Village Board of Trustees finding the second extension request to be reasonable approved Resolution 2020-SR-PP-EX-R-1909 (hereinafter referred to as “Resolution R-1909”) approving the preliminary plat of subdivision; WHEREAS, the Village of Oak Brook Code of Ordinances provides that the failure to seek final plat of subdivision approval within the following (12) consecutive months shall result in automatic termination of the requested preliminary plat approval and all requests shall be terminated and considered null and void as a result of which the Subject Property is in jeopardy of having the approvals previously granted expire; WHEREAS, the Village of Oak Brook Code of Ordinances Title 14 Chapter 4 Section 14-4-1A as well as Resolution 2020-SR-PP-EX-R-1909 provides that the Petitioner may request an extension of twelve additional months to submit for final plat of subdivision approval; and WHEREAS, the Board of Trustees find that the granting the extension of the time period to submit for final plat of subdivision approval relating to the Subject Property will have no detrimental impact on the health, safety or welfare of the public in general and further finds that the Petitioners have demonstrated practical difficulties or particular hardships in the application of the Subdivision Regulations of the Village Code. Resolution 2021-SR-PP-EX-R-1963 Time Extension for Resolution R-1909 Lot 3 Franklin Subdivision Page 2 of 7 NOW, THEREFORE, BE IT ORDAINED, in open meeting assembled BY THE VILLAGE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DUPAGE AND COOK COUNTIES, Illinois as follows: Section 1: Recitals. The Board of Trustees hereby find that all of the recitals hereinbefore stated as contained in the preamble to this ordinance are full, true and correct and do hereby, by reference, incorporate and make them part of this ordinance as legislative findings. Section 2: Description of Property The property subject to the granting of the requested extension of time is legally described as follows: LOT 3 IN THE FRANKLIN SUBDIVISION BEING A SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED APRIL 27, 2018, PER DOC NO. R2018-036669, IN DUPAGE COUNTY, ILLINOIS. Section 3: Grant of Extension of Time Period The Village Board recognizes and understands that the Subject Property previously submitted to the subdivision regulation process and was granted the requested preliminary plat approval by Resolution R-1762, a copy is attached hereto and made a part hereof as Exhibit A. The Village Board also granted an extensions to the preliminary plat approval by Resolution R-1842 and R-1909, as provided hereof as Exhibit B and Exhibit C. The Village Board hereby grants an extension for an additional twelve (12) months. If for any reason the final plat of subdivision as approved by R-1762 is not submitted within one year from the date of this Resolution, the approval of the preliminary plat will be revoked, without any further action of the Village Board unless, prior to the expiration of the one-year period approved herein is granted by the Village Board. Section 4: Effective Date This resolution shall be in full force and effect from and after its passage, approval and publication as provided by law; provided, however, this resolution shall not take effect until the Consent (a copy of which is attached hereto and made a part hereof as Exhibit D) is executed by the owner, thereby memorializing its agreement to be bound by the terms and conditions contained within this resolution. Such execution shall take place within forty-five (45) days after the passage and approval of this resolution or within such extension of time as may be granted by the Board of Trustees by motion prior to the expiration of said forty-five day (45) period. If the Consent is not executed within forty- five (45) days after passage and approval of this resolution or within an extension of time granted during said forty-five (45) day period, this resolution shall be void and of no force or effect, and the request for relief identified herein shall be deemed abandoned. Section 5: Publication This resolution shall be published in book or pamphlet form as provided by the Illinois Municipal Code. Section 6: Conflict Clause All resolution, parts of resolution or board actions in conflict herewith are hereby repealed to the extent of such conflict. Section 7: Saving Clause If any section, paragraph, clause or provision of this resolution is declared by a court of law to be invalid or unconstitutional, the invalidity or unconstitutionality thereof shall not affect the validity of any other provisions of this resolution, which ar e hereby declared to be separable. Section 8: Recording This ordinance shall be entered into the minutes and upon the journals of the Board of Trustees of the Village of Oak Brook. [SIGNATURE PAGE FOLLOWS] Resolution 2021-SR-PP-EX-R-1963 Time Extension for Resolution R-1909 Lot 3 Franklin Subdivision Page 4 of 7 Exhibit A Resolution R-1762 Resolution 2021-SR-PP-EX-R-1963 Time Extension for Resolution R-1909 Lot 3 Franklin Subdivision Page 5 of 7 Exhibit B Resolution R-1842 Resolution 2021-SR-PP-EX-R-1963 Time Extension for Resolution R-1909 Lot 3 Franklin Subdivision Page 6 of 7 Exhibit C Resolution R-1909 RESOLUTION 2020-SR-PP-EX-R-1909 A RESOLUTION PROVIDING FOR AN EXTENSION OF THE ONE YEAR TIME PERIOD PERTAINING TO THE APPROVAL OF THE PRELIMINARY PLAT OF SUBDIVISION FOR LOT 3 IN THE FRANKLIN SUBDIVISION IN THE VILLAGE OF OAK BROOK APPROVED BY RESOLUTION R-1842 and R-1762 1900 Spring Road, Oak Brook, Illinois PIN: 06-23-302-006 WHEREAS, the Village of Oak Brook, Cook and DuPage Counties, Illinois (hereinafter referred to as the “Village”) is a municipal corporation with authority provided for and granted pursuant to the Illinois Municipal Code to exercise certain powers and perform certain functions pertaining to its local government and affairs; WHEREAS, the Village is authorized by the Illinois Municipal Code, 65 ILCS 5/11-13-5, to vary its zoning regulations where there are practical difficulties or particular hardship in observing those regulations for the use, construction or alteration of buildings or structures or the use of land; WHEREAS, the property commonly referred to as 1900 Spring Road, Oak Brook, Illinois (hereinafter referred to as the “Subject Property”) previously received preliminary plat of subdivision approval; WHEREAS, the Village of Oak Brook Plan Commission previously recommended approval of the request for the preliminary plat of subdivision for the Subject Property with certain conditions, and in compliance with the laws of the State of Illinois and ordinances of the Village of Oak Brook; WHEREAS, on November 13, 2018 the Village Board of Trustees finding the request to be reasonable approved Resolution 2018-SR-PP-EX-R-1762 (hereinafter referred to as “Resolution R- 1762”) approving the preliminary plat of subdivision; WHEREAS, on November 26, 2019 the Village Board of Trustees finding the first extension request to be reasonable approved Resolution 2019-SR-PP-EX-R-1842 (hereinafter referred to as “Resolution R- 1842”) approving the preliminary plat of subdivision; WHEREAS, the Village of Oak Brook Code of Ordinances provides that the failure to seek final plat of subdivision approval within the following (12) consecutive months shall result in automatic termination of the requested preliminary plat approval and all requests shall be terminated and considered null and void as a result of which the Subject Property is in jeopardy of having the approvals previously granted expire; WHEREAS, the Village of Oak Brook Code of Ordinances Title 14 Chapter 4 Section 14-4-1A as well as Resolution 2019-SR-PP-EX-R-1842 provides that the Petitioner may request an extension of twelve additional months to submit for final plat of subdivision approval; and WHEREAS, the Board of Trustees find that the granting the extension of the time period to submit for final plat of subdivision approval relating to the Subject Property will have no detrimental impact on the health, safety or welfare of the public in general and further finds that the Petitioners have demonstrated practical difficulties or particular hardships in the application of the Subdivision Regulations of the Village Code. Resolution 2020-SR-PP-EX-R-1909 Time Extension for Resolution R-1842 Lot 3 Franklin Subdivision Page 2 of 6 NOW, THEREFORE, BE IT ORDAINED, in open meeting assembled BY THE VILLAGE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DUPAGE AND COOK COUNTIES, Illinois as follows: Section 1: Recitals. The Board of Trustees hereby find that all of the recitals hereinbefore stated as contained in the preamble to this ordinance are full, true and correct and do hereby, by reference, incorporate and make them part of this ordinance as legislative findings. Section 2: Description of Property The property subject to the granting of the requested extension of time is legally described as follows: LOT 3 IN THE FRANKLIN SUBDIVISION BEING A SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED APRIL 27, 2018, PER DOC NO. R2018-036669, IN DUPAGE COUNTY, ILLINOIS. Section 3: Grant of Extension of Time Period The Village Board recognizes and understands that the Subject Property previously submitted to the subdivision regulation process and was granted the requested preliminary plat approval by Resolution R-1762, a copy is attached hereto and made a part hereof as Exhibit A. The Village Board also granted an extension to this preliminary plat approval by Resolution R-1842, as provided hereof as Exhibit B. The Village Board hereby grants an extension for an additional twelve (12) months. If for any reason the final plat of subdivision as approved by R-1762 is not submitted within one year from the date of this Resolution, the approval of the preliminary plat will be revoked, without any further action of the Village Board unless, prior to the expiration of the one-year period approved herein is granted by the Village Board. Section 4: Effective Date This resolution shall be in full force and effect from and after its passage, approval and publication as provided by law; provided, however, this resolution shall not take effect until the Consent (a copy of which is attached hereto and made a part hereof as Exhibit C) is executed by the owner, thereby memorializing its agreement to be bound by the terms and conditions contained within this resolution. Such execution shall take place within forty-five (45) days after the passage and approval of this resolution or within such extension of time as may be granted by the Board of Trustees by motion prior to the expiration of said forty-five day (45) period. If the Consent is not executed within forty- five (45) days after passage and approval of this resolution or within an extension of time granted during said forty-five (45) day period, this resolution shall be void and of no force or effect, and the request for relief identified herein shall be deemed abandoned. Section 5: Publication This resolution shall be published in book or pamphlet form as provided by the Illinois Municipal Code. Section 6: Conflict Clause All resolution, parts of resolution or board actions in conflict herewith are hereby repealed to the extent of such conflict. Section 7: Saving Clause If any section, paragraph, clause or provision of this resolution is declared by a court of law to be invalid or unconstitutional, the invalidity or unconstitutionality thereof shall not affect the validity of any other provisions of this resolution, which ar e hereby declared to be separable. Section 8: Recording This ordinance shall be entered into the minutes and upon the journals of the Board of Trustees of the Village of Oak Brook. [SIGNATURE PAGE FOLLOWS] Resolulon 2020・ SR‐PP‐E滲 R‐1909 Time Extension for Resoiution R‐1842 Lot 3 Frank∥n Subdivision Page 3 of6 APPROVED TH:S27th day of October,2020 Gopal G Lalmalani Vi∥age President PASSED THiS 27th day of October,2020 T口 ustees Baar,Cuevas,Manzo,Salyed,Tiesenga,YusufAyes: Nays: Absent: ATTEST: Village Clerk