S-1221 - 01/08/2008 - ANNEXATION - OrdinancesORDINANCE 2008- AN -EX1 -S -1221
AN ORDINANCE ANNEXING CERTAIN TERRITORY TO
THE VILLAGE OF OAK BROOK, DUPAGE AND COOK COUNTIES, ILLINOIS
WHEREAS, Article VII, §10 of the Illinois Constitution of 1970 and the Intergovernmental Cooperation
Act of the State of Illinois (5 ILCS 220/1, et seq.) authorize units of local government to contract or otherwise
associate among themselves to exercise, combine or transfer any power or function, in any manner not
prohibited by law, and to contract with any one or more other public agencies to perform any governmental
service, activity or undertaking, or to combine, transfer or exercise any powers, functions, privileges or
authority which any of the public agencies entering into the contract is authorized by law to perform, and
WHEREAS, the City of Oakbrook Terrace (the "City ") is a home rule unit of local government under
Article VII, §6 of the Illinois Constitution of 1970 and, except as limited by such Section, it may exercise any
power and perform any function pertaining to its government and affairs, and
WHEREAS, the Village of Oak Brook (the "Village ") is a statutory municipality pursuant to 65 ILCS
5/1 -1 -1, et seq , and
WHEREAS, InSite Oak Brook Limited Partnership, an Illinois limited partnership (formerly known as
Columbia Lisle Limited Partnership) ( "InSite ") is the record title owner of property legally described as follows
The North 1/2 of Lot 3 in Block 1 in Town Development Company's Elmhurst Countryside Unit
Number Three, being a subdivision in the South East 1/4 of Section 22, Township 39 North, Range
11, East of the Third Principal Meridian, according to the Plat of said subdivision recorded November
13, 1945, as Document 487163, in DuPage County, Illinois,
PIN 06 -22- 409 -003, commonly known at 1603 16 Street, Oak Brook, Illinois 60523
which is currently a part of the City ( "Parcel 1"), and
WHEREAS, InSite is also the record title owner of property legally described as follows
Lot 1 in Town and Country Resubdivision, being a resubdivision of Lots 1 and 2 in Block 1 in Town
Development Company's Elmhurst Countryside Unit Number Three, being a subdivision in the South
East 1/4 of Section 22, Township 39 North, Range 11, East of the Third Principal Meridian, according
to the Plat of said subdivision recorded September 8, 1988 as Document R88- 101855, in DuPage
County, Illinois,
PIN 06 -22- 409 -013, commonly known at 1603 16th Street, Oak Brook, Illinois 60523
which is currently a part of the Village ( "Parcel 2 "), and
WHEREAS, Parcel 1 is unoccupied territory lying along the boundary line between two (2) adjoining
municipalities, being the City and the Village and, pursuant to 65 ILCS 5/7 -1 -25, such territory may be
excluded from one of the adjoining municipalities and annexed to the other adjoining municipality by adoption
of an ordinance providing for exclusion of such territory by the excluding municipality, the City, and by adoption
of an ordinance providing for annexation of such territory by the annexing municipality, the Village, and
WHEREAS, In Site has obtained approval of a text amendment, sign variance and special use for a
drive- through banking facility from the Village for Parcel 2 and, upon disconnection of Parcel 1 from the City
and its annexation to the Village, all of the City's police powers with respect to Parcel 1 will be transferred to
the Village, and all such approvals with respect to Parcel 2 shall apply to Parcel 1 as though it had been a part
of the Village at the time of InSite's petition for such approvals to the Village, and
WHEREAS, the City has determined to disconnect Parcel 1 from the City, and the Village has
determined to annex Parcel 1 to the Village in accordance with the terms and conditions of an
Ordinance 2008-AN-EX1 -S-1 221
Disconnect OBT /Annex — InSite
1603 16`h St, Oak Brook
06 -22- 409 -003, 06 -22- 409 -013
Page 2 of 2
"Intergovernmental Agreement Providing for the Disconnection of Land from the City of Oakbrook Terrace and
the Annexation of Land to the Village of Oak Brook, DuPage County, Illinois"
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 Parcel 1 is hereby annexed to the Village
Section 3 The Village Clerk is hereby authorized and directed to cause a certified copy of this
ordinance, together with the Plat of Annexation for Parcel that is attached to this ordinance as Exhibit "A ", to
be recorded in the Office of the Recorder of Deeds of DuPage County, Illinois and to be filed with the County
Clerk of DuPage County, Illinois
Section 4 If any section, paragraph, clause or provision of this ordinance shall be held invalid, the
invalidity thereof shall not effect any of the other provisions of this ordinance
Section 5 All ordinances in conflict herewith are repealed to the extent of the conflict
Section 6 This ordinance shall be in full force and effect from and after its passage, approval and
publication as required by law
APPROVED this 8t" day of January, 2008
AP OVED
a
John W Craig T f
,Village President
AYES Trustees Carson Kennedy Manofsky, Saiyed Sanford and Wolin
NAYS None
ABSENT President Craig
lr..
�r
ATTEST
Charlotte K Pruss
Village Clerk