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S-1457 - 04/12/2016 - WATER - Ordinances ORDINANCE 2016-WA-WELL-S-1457 LIMITED AREA GROUNDWATER ORDINANCE PROHIBITING THE USE OF GROUNDWATER AS A POTABLE WATER SUPPLY BY THE INSTALLATION OR USE OF POTABLE WATER SUPPLY WELLS OR BY ANY OTHER METHOD IN A DESIGNATED AREA OF THE VILLAGE OF OAK BROOK, ILLINOIS WHEREAS, certain properties in the Village of Oak Brook, Illinois have been used over a period of time for commercial/industrial purposes; and WHEREAS, because of said use, concentrations of certain chemical constituents in the groundwater beneath the Village of Oak Brook may exceed Class I groundwater quality standards for potable resource groundwater as set forth in 35 Illinois Administrative Code 620 or Tier I remediation objectives as set forth in 35 Illinois Administrative Code 742: and WHEREAS, the Village of Oak Brook desires to limit potential threats to human health from groundwater contamination while facilitating the redevelopment and productive use of properties that are the source of said chemical constituents within that area of the Village of Oak Brook depicted on Exhibit A attached hereto and made a part hereof located adjacent to property at the Northwest corner of Midwest Road and West 22"d, and on that area of the Village of Oak Brook depicted on Exhibit B attached hereto and made a part hereof located East of Midwest Road and South of Butterfield Road, (06-22-303-042, 06-22-303-041); 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 use or attempt to use as a potable water supply groundwater from within the corporate limits of the Village of Oak Brook in that area depicted on Exhibit A and on Exhibit B as a potable water supply, by the installation or drilling of wells or by any other method is hereby prohibited. This prohibition expressly includes the Village of Oak Brook. Section 2: Penalties. Any person violating the provisions of this ordinance shall be subject to a fine of up to five hundred dollars($500.00)for each violation. Section 3. Definitions. "Person" is any individual, partnership, co-partnership, firm, company, limited liability company, corporation, association, joint stock company, trust, estate, political subdivision, or any other legal entity, or their legal representatives, agents or assigns. "Potable water" is any water used for human or domestic consumption, including, but not limited to, water used for drinking, bathing, swimming, washing dishes, or preparing foods. Section 4. Repealer. All ordinances or parts of ordinances in conflict with this ordinance are here repealed insofar as they are in conflict with this ordinance. Section 5. Severability. If any provision of this ordinance or its application to any person or under any circumstances is adjudged invalid, such adjudication shall not affect the validity of the ordinance as a whole or of any portion not adjudicated invalid. Section 6. Effective date. This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. APPROVED THIS 12th day of April, 2016. G6pMIG. Lalmalani Village President PASSED THIS 12th day of April, 2016. Ayes: Trustees Adler, Baar, Manzo, Moy, Tiesenga, Yusuf Nays: None Absent: None ATTEST: ` Charlotte K. Pruss Village Clerk EXHIBIT A Area Affected by Limited Groundwater Use Restriction Ordinance Adjacent to 2200 W.22nd St rill all 111 MH � i � 111 o in I Z 1 n 1 4 N ' / 1 9 33 1 1 \ N 1`\ \ � 1 1 O\ 1 � / A � + , ! __ . �aupg'He W:M'[L,OL9t�L'[+V+BHHJ'M'1 iM[V tto9l,\iae�C titPIIJ V]T1M+Y�+A�H EXHIBIT B Area Affected by Limited Groundwater Use Restriction Ordinance West of Midwest Road and South of Butterfield Road ., . Parcel Identification Number #` 06 22-344-054 #2 06-22-301-064 ... 43 06.22-303-042 r fr 06.22.303.041 #1(Site) < #4 Area Subject to the Village Limited Groundwater Ordinance #2 QUALITY ENVIRONMENTAL SOLUTIONS LOCATION: 17W615 Butterfield Rd,Oakbrook Terrace,IL DATE DESIGNED CHECKED AMD SCALE uNa TITLE: Proposed Limited Groundwater Ordinance Map 03110116 P.Y. J.Y. JOB No. 14069 PHASE: CAP FIG: 001 LEGAL DESCRIPTION LOT 1 OF Y. KLEIN'S SUBDIVISION OF LOT 1 (EXCEPT THE NORTHERLY 150 FEET THEREOF AS MEASURED ALONG THE WESTERLY LINE THEREOF) IN SCHLADER'S ASSESSMENT PLAT OF PART OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 22, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID Y_ KLEIN'S SUBDIVISION RECORDED AUGUST 29, 1977 AS DOCUMENT R77-76172, IN DUPAGE COUNTY, ILLINOIS. ADDRESS: 1919 MIDWEST ROAD OAK BROOK, ILLINOIS 60523 PROPERTY INDEX NUMBER: 06-22-303-042 EXHIBIT B LEGAL DESCRIPTION LOT 1 OF Y. KLEIN'S SUBDIVISION OF LOT 1 (EXCEPT THE NORTHERLY 150 FEET THEREOF AS MEASURED ALONG THE WESTERLY LINE THEREOF) IN SCHLADER'S ASSESSMENT PLAT OF PART OF THE EAST 1/2 OF THE SOUTHWEST 114 OF SECTION 22, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID Y. KLEIN'S SUBDIVISION RECORDED AUGUST 29, 1977 AS DOCUMENT R77-78172, IN DUPAGE COUNTY, ILLINOIS. The Real Property or Its address Is commonly known as 1919 Midwest Road, Oak Brook, IL 60523. The Real Property tax Identification number Is 06.22.303-049- i I LEGAL DESCRIPTION THE NORTHERLY150 FEET,AS MEASURED ALONG THE EASTERLY RIGHT-OF-WAY LINE OF MIDWEST ROAD(DEDICATED BY DOCUMENT 370313)AND PARALLEL WITH,SOUTHERLY OF AND CONTIGUOUS TO THE SOUTHERLY RIGHT-OF-WAY I=OF BUTTERFIELD ROAD (DEDICATED BY DOCUMENT 370312)Or THE FOLLOWING:DESCRIBED PROPERTY"THAT PART OF THE EAST 1/2 OF THE SOUTHWEST QUARTER OF SECT1ON 22,TOWNSHIP 39 NORTH, RANGE 11,EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS;BEGINNING AT A POINT ON THE WEST LINE OF THE EAST 1/2 OF THE SOUTHWEST 114 OF SECTION 22, AFORESAID,1,424.28 FEET NORTH OF THE SOUTHWEST CORNER OF SAID EAST HALF OF THE SOUTHWEST 114;RUNNING THENCE NORTH ON DIVISION LINE 442.86 BEET TO THE CENTER OF BUTTERFIELD ROAD(S$FORE IT WAS WIDENED);THENCE NORTH 61 DEGREES EAST ALONG THE CENTER OF SAD)ROAD(BEFORE BEING WIDENED)23582 FEET;THENCE SOUTH PARALLEL WITH SAID DIVISION LINE 507.13 FEET;THENCE SOUTH 77 DEGREES WEST 213.12 FEET TO THE PLACE OF BEGINNING,EXCEPT THAT PART THEREOF CONVEYED BY DOCUMENT 389073,DESCRIBED AS FOLLOWS:BEGINNING AT A POINT ON THE WEST LINE OF TIE EAST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 22 AFORESAID,1,424.28 FEET NORTH OF THE SOUTHWEST CORNER OF SAID EAST 112 OF SAID SOUTHWEST QUARTER;RUNNING THENCE NORTH ON DIMON LINE,442.86 FEET TO THE CEN'T'ER OF BUTTERFIELD ROAD (BEFORE BEING WIDENED);THENCE NORTH 61 DEGREES EAST ALONG THE CENTER OF BUTTERFIELD ROAD(BEFORE DEING WIDENED)233M FEET AS A PLACE OF BEGINNING; THENCE SOUTH PARALLEL WITH DIVISION LINE(WEST LINE OF EAST Vs OF THE SOUTHWEST QUARTER OF SECTION 22)TO THE SOUTH LINE OF BU71MRFIELD ROAD(AS WIDENED); THENCE SOUTH 40 FEET PARALLEL WITH SAID DIVISION LINE TO A POINT;THENCE NORTHWESTERLY ON A LINE TEAT FORMS AN ANGLE OF 17 DEGREES 07 MINUTES (MEASURED NORTH TOWARD WET)'W1TB LAST DESCRIBED LINE,A DISTANCE OF 35.91 FEET TO THE SOUTHERLY LINE OF BUTTERFIELD ROAD(AS'WII)ENED);THENCE NORTH.ON A LINE' PARALLEL TO THE DIVISION LINE TO THE CENTER OF BUTTERFIELD ROAD(BEFORE BEING WIDENED)i THENCE NORTH 61 DEGREES EAST 12 FEET TO THE PLACE OF BEGINNING;ALSO EXCEPT THAT PART THEREOF FALLING IN BUTTERFIELD ROAD AND MIDWEST(OR CANFIELD)ROAD AS FORMERLY LAID OUT AND EXCEPT THAT PART DEDICATED FOR THE WIDENING OF SAID ROADS BY DOCUMENTS 370312 AND 370313,RESPECTIVELY,ALSO,EXCEPT THAT PART THEREOF DESCRIBED AS FOLLOWS:THAT PART OF LOT 1 IN SCHLADER'S ASSESSMENT PLAT,BEING A SUBDIVISION OF PART OF THE EAST 1R OF THE SOUTHWEST 1/4 OF SECTION 22,TOWNSHIP 39 NORTH,RANGE 11,EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 21,1961,AS DOCUMENT NO. 997465,IN DU PAGE COUNTY,ILLINOIS,DESCRIBED AS FOLLOWS:BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1;THENCE ON AN ASSUMED BEARING OF NORTH 60 DEGREES 57 MINUTES 45 SECONDS EAST,ALONG THE NORTHERLY LINE OF SAID LOT 1,20.00 FEET AND TO A US"IRON WITH AN ALLIED CAP STAMPED"STATE OF ILLINOIS DIVISION OF HIGHWAYS Row CORNER IPLSC 201711,THENCE SOUTH 0 DEGREES 35 MINUTES 22 SECONDS WEST,44.80 FEET,TO A POINT 10.00 FEET EAST OF AS MEASURED AT RIGHT ANGLES TO,TIM WEST LLNE OF SAID LOT 1 AND TO A S/8"IRON WITH AN ALLIED CAP STAMPED"STATE OF MUMOI.S DIVISION OF HIGHWAYS R0W CORNER UILSC 2017";THENCE SOUTH 00 DEGREES W MINUTES 55 SECONDS EAST,ALONG A LINE PARALLEL TO THE SAID WEST LINE OF LOT 1, 109.98 FEET TO THE NORTHERLY LINE OF LOT 1 IN Y.ID.EIN'S SUBDIVISION,702 AND TO TO THE PLAT THEREOF RECORDED AUGUST 29,1977,AS DOCUMENT IRON WITH AN ALLIED CAP STAMPED"STATE OF ILLINOIS DIVISION OF HIGHWAYS ROW CORNER IPLSC 201711;THENCE SOUTH 60 DEGREES 57 MINUTES 45 SECONDS WEST,ALONG THE SAID NORTHERLY LINE OF LOT i IN Y.KLEIN'S SUBDIVISION,11-44 FEET,TO THE SAID WEST LIME OF SAID LOT 1 IN SCHLADER'S ASSESSMENT PLAT;THENCE NORTH 00 DEGREES 00 MINUTES 35 SECONDS WEST,ALONG THE SAID WEST LINE OF LOT 1 IN SCHLADER'S ASSESSMENT PLAT,150.00 FEET,TO THE POINT OF BEGINNING,ALL IN DU PAGE COUNTY, ILLINOIS. Permanent Index Number.06-22-303-041 Property Addreu: 2121 Butter0eld Road,Oak Brook,Dliook 60523 FRED BUCHOLZ FRED BUCHOLZ DUPAGE COUNTY RECORDER DUPAGE COUNTY RECORDER 421 NORTH COUNTY FARM ROAD APR.22,2016 1:02 PM OTHER $35.00 06-22-303-041 WHEATON, IL 60187 010 PAGES R2016-038593 (630)407-5400 RECORDING COVER PAGE OF Al ` �(1 / > > S 'Please note—This cover page has been attached to the document for recording purpose. It is a permanent part of the document and has been included in the page count.