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Home My WebLink AboutS-1706 - 401 & 405 Canterberry LaneIgI,IIIuIIJ.Bltlpllll II PL I ZABETH M , CHAPL I N RECORDER DUPAGE COUNTY, IL 0 /05 r 2025 03.35 PM DOC H e R2025-0r552 PAGES. 14 DOCUMENT SUBMITTED WITH LOW QUALITY/ ILLEGIBLE PORTIONS (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 APPROVING A PLAT OF CONSOLIDATION FOR 401 AND 405 CANTERBERRY LANE, OAK „BROOK, IL Property Address/es 401 & 405 CANTERBERRY LN,_OAK BROOK 60523 If vacant land, so state and list nearest cross streets) PIN No(s). 06-36-202-005 & 06-36-202-006 Name and Address of Applicant: Mohammad S. Shafi _ 405 Canterberry Lane Oak Brook IL 60523 Name and Address of Responsible: Same as above Party to Receive Copy of Recorded Document and Billing Same GIL Account to be charged: 10-1365 Prepared By and Return to: Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523-2255 Name & Address of Recipient NIA of Consideration (when applicable): GIL Account to be charged: THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS ORDINANCE NUMBER 2024-SR-FP-EX-S-1706 AN ORDINANCE APPROVING A PLAT OF CONSOLIDATION FOR 401 AND 405 CANTERBERRY LANE, OAK BROOK, ILLINOIS LAURENCE E. HERMAN, Village President NETASHA SCARPINITI, Village Clerk NAVEEN JAIN MICHAEL MANZO MELISSA MARTIN JAMES NAGLE A. SURESH REDDY EDWARD TIESENGA 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 10th day of September 2024 2024-S R-F P-EX-S-1706 401 & 405 Canterberry Lane — Consolidation PIN: 06-36-202-005 & 06-36-202-006 Page 2 of 10 ORDINANCE NO. 2024-SR-FP-EX-S-1706 AN ORDINANCE APPROVING A PLAT OF CONSOLIDATION FOR 401 AND 405 CANTERBERRY LANE, OAK BROOK, ILLINOIS PIN(s): 06-36-202-005 & 06-36-202-006 WHEREAS, the Village of Oak Brook (hereinafter referred to as "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 has in full force and effect a codified set of ordinances which are of a general and permanent nature, which said codified set is known and designated as the Village Code of the Village of Oak Brook, as amended; WHEREAS, Mohammad and Masooma Shafi (collectively the "Petitioner" and "Owner"), as the owners of 405 Canterberry Lane, Oak Brook Illinois, and authorized contract purchasers and owners of 401 Canterberry Lane, Oak Brook Illinois (collectively the "Subject Property"), has submitted a petition requesting approval of a final plat to consolidate two (2) existing lots into one single lot located within the R-2 Single -Family Detached Residence District; WHEREAS, 405 Canterberry Lane, being the primary residence of the Petitioner, currently contains a single-family home, driveway and attached garage and 401 Canterberry Lane contains a single-family home with a detached garage that shares a common property line with 405 Canterberry Lane; WHEREAS, Petitioner desires to consolidate the two properties for the purpose of demolishing the existing improvements located on 401 Canterberry Lane to allow future expansion of the primary residence located on 405 Canterberry Lane; WHEREAS, subject to the conditions of this Ordinance, the consolidation of the two properties will result in an otherwise code -compliant single lot of approximately 1. 731 acres (or 75,411 square feet) with the dedication of approximately 4,158 square feet to the Village; WHEREAS, the Village Planning &Zoning Commission (hereinafter referred to as the "Commission") considered the Petitioner's request at its Public Meeting on July 17, 2024, and as a result, the Commission has issued a recommendation approving the Petitioner's request subject to certain conditions, all pursuant to proper notice and in compliance with the laws of the State of Illinois and Ordinances of the Village; WHEREAS, the Village President and Board of Trustees (collectively the "Corporate Authorities") of the Village of Oak Brook are of the opinion that the aforementioned consolidation is in the best interest of the public safety, health and welfare of the residents of the Village of Oak Brook. 2 2024-S R-F P-EX-S-1706 401 & 405 Canterberry Lane — Consolidation PIN: 06-36-202-005 & 06-36-202-006 Page 3 of 10 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 One —Recitals The Corporate Authorities 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 Two —Adoption of Findings and Recommendations The Corporate Authorities hereby adopts the Findings and Recommendations of the Commission as if fully set forth herein, as Exhibit A, which is attached hereto and made a part hereof. Section Three —Approval of Final Plat of Consolidation Subject to, and contingent on the conditions, restrictions, and provisions set forth in Section Four of this Ordinance, the Corporate Authorities shall, and does hereby, authorize and approve the following: A. Approval of Final Plat. Subject to and contingent upon the conditions set forth in Section Four of this Ordinance, the Final Plat of Consolidation attached to this Ordinance as Exhibit B (the "Final Plat'), is hereby approved. B. Authorization and Execution. Once all conditions set forth in Section Four of this Ordinance have been satisfied, the Village President, Clerk, and other appropriate Village officials are hereby authorized and directed to execute and seal, on behalf of the Village, the Final Plat of Consolidation and the customary certifications indicating such approval. C. Recordation. Upon the execution of the Final Plat of Consolidation by all required partiesI the Village Clerk is hereby directed to record the Final Plat of Consolidation with the Recorder of Deeds of DuPage County, Illinois, and the Village Clerk will then be authorized and directed to assess against and collect from the Owner any costs in connection with those actions and this Ordinance. Section Four —Conditions The approval granted in Section Three of this Ordinance is expressly subject to and contingent upon each of the following conditions: A. Compliance with all plans and testimony presented at the Planning &Zoning Commission meeting of July 17, 2024; B. Final engineering review and approval of the Final Plat of Consolidation; C. The single-family structure located at 401 Canterberry Lane will not be occupied by anyone other than the Owner prior to demolition; 3 2024-S R-F P-EX-S-1706 401 & 405 Canterberry Lane — Consolidation PIN: 06-36-202-005 & 06-36-202-006 Page 4 of 10 D. Demolition of the existing improvements and structures on 401 Canterberry Lane and removal of the water service shall be completed within twelve (12) months of the Village Board's approval; E. Recording of the Final Plat of Consolidation described herein shall not occur until after demolition of the existing improvements and structures on 401 Canterberry Lane have been completed; and F. In addition to the other specific requirements of this Ordinance all of the operations and activities conducted on and in the Property, must comply at all times with all applicable federal, state, and local laws, statutes, ordinances, resolutions, rules, codes, and regulations. Section Five -- Failure to Comply with Conditions Upon failure or refusal of the Owner to comply with any or all of the conditions, restrictions, or provisions of this Ordinance, the approval granted herein, at the sole discretion of the President and Board of Trustees, by ordinance duly adopted, be revoked and become null and void. Section Six -- Binding Effect 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 its heirs, successors, and assigns, and upon any and all current and successor legal or beneficial Owner of all or any portion of the Property. Section Seven — 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 Eight -- Effective Date This Ordinance shall be in full force and effect from and after: A. its passage, approval and publication as provided by law; and B. 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 ("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 the Owner. The unconditional agreement and consent must be substantially in the form attached hereto and incorporated herein as Exhibit C. In the event that the Owner does not file with the Village Clerk the unconditional agreement and consent required herein within 60 days after the date of final passage of this Ordinance, the Board of Trustees will have the right, in their sole discretion, to declare this Ordinance null and void and of no force or effect. 2024SR-FP-EX-8-1706 401 & 405 Canterberry Lane — Consolidation PIN! M36=202-005 & 0&36-202-006 Page 5 of 10 Section Nine —Conflict Clause ,That -all ordinances or parts of ordinances in conflict with the terms of this ordinance shall be repealed to the extent of said conflict. Section Ten —Publication This ordinance shall be published in book or pamphlet form as provided by the Illinois Municipal Code. PASSED THIS 10'r' day of September 2024. Trustees Manzo, Martin, Nagle, Tiesenga Ayes: Nays: None Absent: Trustees Jain, Reddy APPROVED THIS 10�' day of September 2024. ATTEST: Village Clerk 5 LAURENCE E. HERMAN, Village President 2024-SR-FP-EX-&1706 401 & 405 Canterberry Lane — Consolidation PIN: 06-3&20M05 & 0&3&202-006 Page 6 of 10 EXHIBIT A Findings and Recommendations 0 cy4�'` iVIULAGEGO, �, =5 P IL �. D UY August 1, 2024 Village President and Board of Trustees Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 BUTLER GOVERNMENT CENTER 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60523 Subject: Shafi's Final Plat of Consolidation — 401 & 405 Canterberry Lane Dear Village President and Board of Trustees: Background At its meeting on July 17, 2024, the Planning & Zoning Commission completed its review and deliberations on a petition from Dr. Mohammad and Masooma Shafi and owners of the properties located at 401 & 405 Canterberry Lane seeking approval of a final plat to consolidate the two existing parcels into one. 405 Canterberry Lane is currently improved with asingle-family home and 401 Canterberry Lane has an existing house that will be demolished to construct an addition to 405 Canterberry Lane. When the two lots are combined, the single lot will be approximately 74,411 square feet or 1.73 acres. The Commission was in receipt of the Village's consulting engineers' review and recommended approval of the proposed final plat. See the plans and other materials in the case fle for additional information regarding the. request. Public Comment All interested parties were notified of the public meeting. No one spoke in support of or in opposition to the request. At the meeting, staff reported a call from a neighbor objecting to the consolidation. Planning & Zoning Commission Recommendation By a vote of 8 to 0, the Planning &Zoning Commission recommended approval of the final plat for the Shafi's Plat of Consolidation subject to final engineering approval. Very truly yours, Rajaraman Iyer Chairman Planning & Zoning Commission 2024-S R-F P-EX-S-1706 401 & 405 Canterberry Lane — Consolidation PIN: 06-36-202-005 & 06-36-202-006 Page 7 of 10 Exhibit B Final Plat of Consolidation 7 �€Yjy�gh3" iE b.�kgb°3 5 65 tlRmd 3. yyZj�og xoa�:k� 7 a�C�g €gkka $§kobd Y6 €d bass by ;blip- Go-'gr€§ Hg a'£ 3 €ggo 0 u�\-1 ��kb �$•n � 'v. �, It _- €g�8 G Ilb od SIR xx z Vw � y gg .g ° g 8 s ,tt srbiz `.w�a.�.unun >ram .vSCM_•Q-o£:LRN "q Eo^-^ IF IWe z a�': IgIl a �8 �d€E yjc v I fi yFf. 1 )VIA iR P sus LY CD gga kkpycgggg°g py y(9� 3pkp kyybg o B aF 8 y Y Yel Z 5 W LLI WES gears a $�j a iibi ' 2gan Zxy v..l gea$ y9y R� r$q a S�°�Sa I I b W e ��"v 8IIg n g�ppyn� 6N i g pqY t 3 0 aY Ry9 g a �LJ04 a p B e tf pg' € AAg b n Snpp € ggg b F Ada �g f qa� • g�k d 3 a 8 9 € pg`pggn °10 8 ppc a F Y a P�g6 �Z IS IL p 9 p ae97 0 €i g y s e.. q= P WEI : ° a §a° a 9 p $ � p e b n � q$ b dp xgi' zap q UNCONDITIONAL AGREEMENT AND CONSENT (4011405 Canterberry Lane) WHEREAS, Mohammad and Masooma Shafi (collectively the "Petitioner" and "Owner"), as the owners of 405 Canterberry Lane, Oak Brook Illinois, and Mohammad Shafi, as the authorized contract purchaser, of 401 Canterberry Lane, Oak Brook Illinois (collectively the "Subject Property"), submitted a petition requesting approval of a final plat to consolidate two (2) existing lots into one single lot located within the R-2 Single -Family Detached Residence District; WHEREAS, Ordinance No. 2024-SR-FP-EX-S-1706 adopted by the President and Board of Trustees of the Village of Oak Brook on September 10, 2024 grants approval of the request 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 #erms, conditions and limitations set forth in the Ordinance; and WHEREAS, Mohammad Shafi subsequently acquired title to 401 Canterberry Lane, Oak Brook Illinois and is in the process of unifying ownership of 401 Canterberry Lane, Oak Brook Illinois, and 405 Canterberry Lane, Oak Brook, Illinois, subsequent to adoption of 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) notices and meetings have been properly given and held with respect to the adoption of the Ordinance; (ii) the Owner has considered the possibility that the approvals 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 demolition, 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 Village's adoption of the Ordinance. 5. The restrictions imposed by this Unconditional Agreement and Consent shall be restrictions binding upon and inure to the benefit of the Owner and his heirs, successors, assigns, agents, licensees, lessees, invitees, and representatives, including, without limitation, all subsequent Owners of the Property, or any portion thereof, and all persons claiming under him to the extent provided in this Unconditional Agreement and Consent. 2024-SR=F P=EX-S-1706 401 & 405 Canterbeny Lane — Consolidation PIN: 06-36=202-005 & 06-36=202-006 Page 2 of 3 6. This Unconditional Agreement and Consent may not be amended or modified except upon the express, prior written approval of the Village of Oak Brook. 7. This Unconditional Agreement and Consent shall terminate and be deemed released upon Owner's compliance with the terms and satisfaction of conditions placed upon the approvals granted by Ordinance No. 2024-SR-FP-EX-S-1706. The termination and release of this Unconditional Agreement and Consent shall occur at the time the final plat of subdivision is recorded. IN WITNESS WHEREOF, MOHAMMAD SHAFT, owner of 401 Canterberry Lane, Oak Illinois (PIN: 06-36-202-006), executed this Unconditional Agreement and Consent on this Jay of January, 2025. State of Illinois ) County of_ ?W:\\ ) Brook I, C,a11e� Zv�b�S a Notary Public in and for the County and State aforesaid do hereby certify that MOHAMMAD SHAFT, personally known to me, and appeared before me this %3;ky day of January, 2025, and acknowledged that he personally executed this instrument. official Seel Colleen Zvlbas Notary Public State of Illinois My Commission Expires 2/25/2026 1 Notary Seal IN WITNESS WHEREOF, MOHAMMAD SHAFT and MASOOMA SHAFT, owners of 405 CantRug berry Lane, Oak Brook Illinois (PIN: 06-36-202-006), executed this Unconditional Agreement and Consent on Os 7.'Ar% day of Januar u State of Illinois ) County of \nl\\ ) I, 1eea Zv c\rr�S a Notary Public in and for the County and State aforesaid do hereby certify that MOHAMMAD SHAFT and MASOOMA SHAFT, personally known to me, appeared before me this day of January, 2025, and acknowledged that they personally executed this instrument. official seal - Nota Colleen Zvlbas ry Seal Notary Public State of Illinois My Commission Expires 2125/2028 2 2024-S R-F P-EX-S-1706 401 & 405 Canterberry Lane — Consolidation PIN: 06-36-202-005 & 06-36-202-006 Page 10 of 10 EXHIBIT 1 TO UNCONDITIONAL AGREEMENT AND CONSENT LEGAL DESCRIPTION LOT 1 IN BARTOLOMEI'S SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 09, 1972 AS DOCUMENT R72-68679 IN BOOK 65 PAGE 54 IN DUPAGE COUNTY, ILLINOIS, Address: 401 Canterberry Lane, Oak Brook Illinois PIN: 06-36-202-006 PART OF THE SOUTHWEST '/4 OF THE NORTHEAST '/a OF SECTION 36, TOWNSHIP 39 NORTH, RANGE 111 EAST OF THE THIRD PRINCIPAL MERJDIAN, DESCRJBED BY COMMENCING AT THE CENTER OF SAID SECTION 36 AND RUNNING THENCE NORTH ALONG THE WEST LINE OF SAID SOUTHWEST Y4 OF THE NORTHEAST %, 1,324.50 FEET TO THE NORTH LINE OF THE SAID SOUTHWEST '/4 OF THE NORTHEAST '/a; THENCE EASTERLY ALONG SAID NORTH LINE, 408 FEET FOR A PLACE OF BEGINNING; THENCE CONTINUING EASTERLY ALONG SAID NORTH LINE OF THE SOUTHWEST % OF THE NORTHEAST %, 126 FEET; THENCE SOUTH PARALLEL WITH SAID WEST LINE OF THE SOUTHWEST 1/4 OF THE NORTHEAST % 332.25 FEET; THENCE WESTERLY PARALLEL WITH SAID NORTH LINE OF THE SOUTHWEST 1/4 OF THE NORTHEAST %, 126 FEET; THENCE NORTH PARALLEL WITH SAID WEST LINE OF THE SOUTHWEST% OF THE NORTHEAST%, 332.25 FEET TO THE PLACE OF BEGINNING, IN DUPAGE COUNTY, ILLINOIS. 405 Canterberry Lane, Oak brook Illinois PIN: 06-36-202-005 10