IGA Disconnection of Land from Oakbrook Terrace & Annexation to VOB 01-08-2008 t
II
FRED BUCHOLZ
DUPAGE COUNTY RECORDER
FEB.06,2008 RHSP 4:02 PM
OTHER 06—22—409—003
INTERGOVERNMENTAL AGREEMENT �$CORDg� 026 PAGES 82008- 019368
PROVIDING FOR THE
DISCONNECTION OF LAND FROM T
CITY OF OAKBROOK TERRACE AND
THE ANNEXATION OF LAND TO THE Agpit CO
VILLAGE OF OAK BROOK,
DUPAGE COUNTY ILLINOIS certify that this is a
epy of an instrument
eeorded in MY otGeo-
Fred Baeh&z
a;e Loan flea rdet
ate•
Depaty:
This Agreement is made and entered into this 8th day of January, 2008, by and between
the City of Oakbrook Terrace (OAKBROOK TERRACE), a unit of local government located in
DuPage County, the Village of Oak Brook (OAK BROOK), a unit of local government located
in both DuPage and Cook Counties.
WITNESSETH:
WHEREAS, the Illinois Constitution of 1970 (ILCS Const. Art. 7, 10) and the
Intergovernmental Cooperation Act of the State of Illinois (5 ILCS 220/1) encourage cooperation
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between units of local government for matters of mutual concern; and, j
WHEREAS, OAKBROOK TERRACE is a home rule municipality under ILCS Const.
Art. 7, 6; and,
WHEREAS, OAK BROOK is a statutory municipality under 65 ILCS 511-1-1, et seq.;
and,
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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 % 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. Permanent Parcel Numbers
06-22-409-003 (commonly known
as 1603 West Sixteenth Street, Oak Brook, IL. 60523)
(Parcel 1 —currently a part of OAKBROOK TERRACE);
And 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
resubdivision recorded September ,8, 1988 as Document R88-
101855, in DuPage County, Illinois. 06-22-409-013 (commonly
known as 1603 West Sixteenth Street, Oak Brook, IL. 60523)
(Parcel 2—currently a part of OAK BROOK); and,
WHEREAS, Parcel 1 is unoccupied territory, lying along the boundary line between two
(2) adjoining municipalities, being OAK BROOK and OAKBROOK TERRACE, and such
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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, OAKBROOK TERRACE, and by adoption of an ordinance
providing for annexation of such territory by the annexing municipality, OAK BROOK; and,
WHEREAS, OAKBROOK TERRACE has determined to disconnect Parcel 1 from
OAKBROOK TERRACE and OAK BROOK has determined to annex Parcel 1 to OAK
BROOK; and,
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WHEREAS, certain restrictive covenants were recorded against Parcel 1 for the benefit
of OAK BROOK on September 8, 1988, under Document No. R88-101856 (copy attached as
Exhibit A); and,
WHEREAS, InSite desires to develop a drive through banking facility on Parcel 1 and
Parcel 2, and it is necessary and appropriate to have Parcel 1 and Parcel 2 unified under a single
municipal zoning jurisdiction; and,
WHEREAS, with the disconnection'from OAKBROOK TERRACE and the annexation
to OAK BROOK, the Illinois Municipal Code (65 ILCS 511-1, et seq.) provides OAK BROOK
with full police power control over Parcel 1, and the need for the 1988 Restrictive Covenant
expires; and,
WHEREAS, OAKBROOK TERRACE will transfer police power control to OAK
BROOK upon disconnection and annexation of Parcel 1; therefore OAKBROOK TERRACE is
requesting the recordation of a new 2007 Restrictive Covenant enforceable by OAKBROOK
TERRACE, to assure that Parcel 1 will be used for landscaping, trash enclosure, setbacks, and
subsurface utilities and a retaining wall only, and will not be used for parking or buildings.
NOW THEREFORE, in consideration of the foregoing and the mutual covenants and
Agreements as hereinafter set forth, OAKBROOK TERRACE and OAK BROOK agree as
follows:
1. OAKBROOK TERRACE, pursuant to 65 ILCS 5/7-1-25 agrees to
adopt an ordinance to disconnect Parcel 1 from OAKBROOK TERRACE, and it
shall do so within no more than sixty (60) days after both parties have executed
this Agreement.
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2. OAK BROOK, pursuant to 65 ILCS 5/7-1-25, agrees to adopt an
ordinance to annex Parcel 1 to OAK BROOK, and it shall do so within no more
than sixty-one (6 1) days after both parties have executed this Agreement.
3. OAK BROOK agrees to vacate and abandon the 1988 Restrictive
Covenant to Parcel 1 by recording the Consent to the Vacation of Restrictive
Covenant (copy attached as Exhibit B) and it shall do so within no more than
sixty(60) days after both parties have executed this Agreement.
4. InSite agrees to record a new 2007 Restrictive Covenant in favor
of OAKBROOK TERRACE, in the form attached hereto and made a part hereof
as Exhibit C, and it shall do sq within no more than sixty (60) days after both
parties have executed this Agreement.
5. OAK BROOK has completed full processing of InSite's Petition
for a Text Amendment (Ordinance No. G-835), Petition for a Sign Variance
(Ordinance No. 5-1195), Petition for a Special Use for a Drive Through Banking
Facility (Ordinance No. 5-1208), and Petition for a Set Back Variation
(Ordinance No. 5-1209), upon recording of the Plat of Annexation for Parcel 1,
all such approvals shall apply to Parcel 1 as though Parcel 1 had been part of
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OAK BROOK when said Petitions were filed.
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MISCELLANEOUS TERMS
6. Notices. Any and all notices required hereunder to be sent to
OAKBROOK TERRACE shall be served in writing by U.S. Mail or confirmed
facsimile, to the City Administrator of OAKBROOK TERRACE at the following
address:
City Administrator
City of Oakbrook Terrace
17W275 Butterfield Road
Oakbrook Terrace, Illinois 60181
Facsimile: (630) 941-7254
or by personal delivery of any such notice to the Administrative Offices of
OAKBROOK TERRACE at such address during its regular business hours.
Any and all notices required hereunder to be sent to the OAK BROOK
shall be served in writing by U.S. Mail or confirmed facsimile, to the Village
Manager of OAK BROOK at the following address:
Village Manager
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
Facsimile: (630) 368-5045
or by personal delivery of any such notice to the Administrative Offices of OAK
BROOK at such address during its regular business hours.
II
All mailed notices shall be deemed effective four (4) days following their
deposit in the U.S. Mail,postage prepaid,to the addressee.
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7. Savings Clause. It is mutually understood and agreed that all
agreements and covenants herein are severable and that in the event any of them
shall be held to be invalid by any court of competent jurisdiction, this Agreement
shall be interpreted as if such an invalid agreement or covenant was not contained
therein.
8. Default. In the event that OAKBROOK TERRACE or OAK
BROOK defaults in faithfully performing its obligations hereunder, the non-
defaulting parry must give notice to the defaulting party of such default in writing.
In the event that such default continues for a period of ten (10) days following
service of the notice, without correction, the non-defaulting parry may take such
legal or equitable action as may be available.
9. Modifications. The agreements, covenants, terms, and conditions
herein contained may be modified only through the written mutual consent of all
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parties hereto.
10. Benefits Solely for the Parties. This Agreement is intended solely
for the benefit of the parties hereto, and nothing herein shall be construed, either
expressly or implied,to extend rights or obligations in favor of any other person.
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11. Fees. OAK BROOK agrees to waive any annexation fees
associated with these transactions.
12. Costs. InSite agrees to pay all reasonable attorney fees incurred by
OAKBROOK TERRACE associated with preparing the plat of disconnection.
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IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day
and year first above written.
City of Oakbrook Terrace Village of Oak Brook
DuPage County, Illinois DuPage and Cook County, Illinois
By: By: ,
Its Mayor Its 'llage President
Attest: Attest:
Its City Clerk Its Village Clerk
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STATE OF ILLINOIS )
SS.
COUNTY OF DUPAGE )
I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO
HEREBY CERTIFY that - u1e' Mayor of the City of Oakbrook Terrace, and
City Clerk o aforesaid City, personally known to me to be the same
persons whose names are subscribed to the foregoing instrument as such Mayor and City Clerk,
respectively appeared before me this day in person and acknowledged that they signed and
delivered the said instrument as their own free and voluntary act and as a free and voluntary act
of the City, for the uses and purposes therein set forth; and said City Clerk then and there
acknowledged that he/she, as custodian of the corporate seal of said City, did affix the corporate
seal of said City to said instrument, as his/her own free and voluntary act and as the free and
voluntary act of the City, for uses and purposes herein set forth.
,
Given under my hand and Notarial Seal this--/--�day of 2007.
OFFICIAL SEAL
JANICE J COGLIANESE
NOTARY PU8u1C-STATE OF ILLINOIS ` Not 'Publ"
MY COMMISSION EXPIRES:01I14110
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STATE OF ILLINOIS )
SS.
COUNTY OF DUPAGE )
I, the undersigned, a�(Notary Public in and for said County, in the State aforesaid, DO
HEREBY CERTIFY that .J v.4 N W, CaA#'&. , President of the Village of Oak Brook, and
CNa2.prf4, K, Pars , Village Clerk of aforesaid Village, personally known to me to be the
same persons whose names are subscribed to the foregoing instrument as such President and
Village Clerk, respectively appeared before me this day in person and acknowledged that they
signed and delivered the said instrument as their own free and voluntary act and as a free and
voluntary act of the Village, for the uses and purposes therein set forth; and said Village Clerk
then and there acknowledged that he/she, as custodian of the corporate seal of said Village, did
affix the corporate seal of said Village to said instrument, as his/her own free and voluntary act
and as the free and voluntary act of the Village, for uses and purposes herein set forth.
Given under my hand and Notarial Seal this ad N-b day of A1vWAI&Y , 2003
[Notary'-'yy 'F Sys-+A7 N /
S 'fle�
osemary A..Kan Notary Publi
?y�i'c,State of Illinois
am <�'a,' Ex -1210912009
THIS INSTRUMENT PREPARED BY
AND RETURN TO:
Scott M. Day
DAY&ROBERT, P.C.
300 E. Fifth Avenue, Suite 365
Naperville, IL 60563
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Exhibit A
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UNOFFICIAL COPY
GOVi:NANT
(TOIVN & COUNTRY:S.W. CORNER 16TH STREET ✓a ROUTE 83)
This Covenant is made this .211 .1r- day of
by HARRIS BANK HINS DALE, Trustee, pursuant to Trust Agreement No.
L-1787 dated December 10, 1987, and recorded on February 3, 1988,
as Document No. R88-011821 (hereinafter referred to as
"Trustee") .
WITNESSETH•
WHEREAS, Trustee is the owner of record of the real estate
in DuPage County, Illinois, which is legally described as Co
follows: n
LOTS 1 AND 2 AND THE NORTH 1/2 OF LOT 3 IN BLOCK 1 IN
TOWN DEVELOPMENT COMPANY'S ELZMURST 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 THEREOF
.RECORDED NOVEMBER 13, 1945, AS DOCUMENT 487163, IN
DUPAGE COUNTY, ILLINOIS; PERMANENT PARCEL NO'S.
06-22-409-001, 06-22-409-002 AND. 06-22-409-003.
I
LOTS 1 AND 2 THEREOF ALSO BEING KNOWN AS LOT 1 OF TOWN co
AND COUNTRY RESUBDIVISION ACCORDING TO THE PLAT THEREOF
RECORDEDti. S , 1988, AS DOCUMENT
NO.Je58-/o/Ss5 , . IN THE VILLAGE OF. OAK PARK, DUPAGE
COUNTY, ILLINOIS.
consisting of three lots (hereinafter referred to as "Subject �
Property") .
c:
WHEREAS, the Board of Trustees of the Village of Oak Brook
on May 10, 1988, passed and approved Ordinance No. S-634 granting -
-
cartain zoning variations applicable to the Subject Property on
the condition, among others, that the owners of the Subject
Property subject it to a certain covenant running with the land;
I and `
WHEREAS, Trustee desires to meet and satisfy the aforesaid
condition of Ordinance. go. S-634 of the Village of Oak Brook.
- AA711�111\Ir7r�arrP� -- — __
• UNOFFICIAL COPY
NOW, THEREFORE, Trustee, for itself, its successors and
assigns and future holders of title to the Subject Property, does
hereby agree and covenant as .follows:
1. The burden of the covenants herein shall run with the
land (the Subject Property) unless and until the Village of Oak
Brook shall, by recorded document, consent to any modification or
elimination of the restrictions and covenants described herein.
2. Absent prior approval of the Village of Oak Brook, none
of the three lots which constitute the Subject Property shall be
sold, transferred or otherwise conveyed except as part of a
simultaneous sale, transfer or conveyance of each of the three
lots so that all of the Subject Property shall at all times
remain under common ownership. co
C
3 . The provisions of this Covenant shall be enforceable in
a court of law or equity by the village of Oak Brook, and Trustee
agrees that an injunction, issued by a court having jurisdiction, can
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against violations hereof is an appropriate method of. enforcing
this Covenant.
4. Every person accepting a deed to or other interest with-
respect to the Subject Property shall be deemed to accept such
deed or other interest with the understanding that they are bound
by the provisions contained herein, and every person accepting
such deed or interest thereby consents and agrees to be bound by
the covenants contained herein to the same extent as though they
had signed this instrument.
5. If any of the foregoing covenants shall be held invalid
or unenforceable, such holding shall not impair the validity or
2
• UNOFFICIAL COPY
otherwise affect the remaining covenants which shall remain in
full force and effect.
IN WITNESS WHEREOF, Trustee has executed this instrument on
the date first above written.
HARRIS BANK HINSDALE, TRUSTEE
Attest• By ^ti
Asst. Land Tr s Off 4— Title: Assistant Vice Pre at
Affix Corporate Seal Here s
A.
STATE OF ILLINOIS )
DuPage ) SS
COUNTY OF VDWQ= )
1, the undersigned , a Notary Public in and for.
the County and State aforesaid, DO HEREBY CERTIFY, that
Asst. , Vice President of
Harris Bank Hinsdale, N.A., and Georgianna DeMory, Asst. Land Trust officer
S}�Xt%XXW thereof, personally known to me to the be same persons
whose names are subscribed to ' the foregoing instrument as such
Asst. Vice President and Ass t.LEO SaoaMftMMy,
respectively, appeared before me this day in person and C=
acknowledged that they signed and delivered the said instrument co
as their own free and voluntary act, and as the free and �.
voluntary act of said Bank, for the uses and purposes therein set _
forth; and the said Asst. LTO nwarabar4 did also then and there o
acknowledge that he as custodian of the corporate seal of said
Bank did affix the said 'corporate seal of said Bank to said m
instrument as his own free and voluntary act., and as the free and cn
voluntary act of said Bank for the uses and purposes therein set
forth.
GIVEN under my hand and Notarial Seal this y,Bf,�,y,e
August 1988. • 4— "OFFICIAL ,SE A6" }
4--/"i 1 11 P
Not II
Approved as to Fcrm=5 MY Commission Expires 10[17189 1
pt>t.SUA►.r- 'CD 020- 5-�3y oc -r+tE
1 wa GE o F a aaoo 1C
This document is made by the HARRIS BANK Hinsdale
Vil ag Attorney for as Trustee and accepted upon the express under.
village of Oak Brook standing that the HARRIS BANK Hinsdale enters Into
the same not personally,but only as Trustee and that
no personal liability is assumed by nor shall be asserted
�,� �,f�L�•�+-,`` ? or enforced agalnsi the HARRIS SANK Hinsdale be-
cause of or on account of the making or executing
} this document or of anything therein contained, all
!• f,2 oa O /n,, 3 such liability, if any being expressly waived, nor shall
+� �y..�l.�� �Zf the HARRIS BANK Hinsdale be held personally liable
upon or in consequence of any of the covenants of
- --• this document, either expressed, or implied.
Exhibit B
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CONSENT TO THE VACATION OF RESTRICTIVE COVENANT
This consent to the vacation of restrictive covenant is made this 8h day of January, 2008,
by the Village of Oak Brook("OAK BROOK").
WITNESSETH:
WHEREAS, OAK BROOK is the Beneficiary of a Restrictive Covenant over real estate in
DuPage County, Illinois, which is legally described as follows:
The North %2 of Lot 3 in Block 1 in Town Development
Company's Elmhurst Countyside 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, 1988 as Document
487163, in DuPage County, Illinois; Permanent Parcel Numbers
and 06-22-409-003 (commonly
known as 1603 West Sixteenth Street, Oak Brook, IL. 60523)
(hereinafter referred to as "SUBJECT PROPERTY");
WHEREAS, OAK BROOK is a statutory municipality under 65 ILCS 511-1-1, et seq.;
and,
WHEREAS, on August 25 1988, a restrictive covenant was recorded against the Subject
Property under Document#R88-101856, related to variations granted by OAK BROOK ("1988
COVENANT"); and,
WHEREAS, Section 1 of the 1988 Covenant gives OAK BROOK authority to consent
to modification or elimination of the 1988 Covenant; and,
WHEREAS, the SUBJECT PROPERTY has been disconnected from the City of
Oakbrook Terrace and annexed to OAK BROOK pursuant to an Intergovernmental Agreement
dated January 8, 2008 and OAK BROOK Ordinance No. 2008-AN-EXI-S-1221, and City of
Oakbrook Terrace Ordinance No. 07-20; and
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WHEREAS, the SUBJECT PROPERTY is now subject to the police power of OAK
BROOK and the need for the 1988 COVENANT has expired; and,
WHEREAS, the Village Board of Trustees of OAK BROOK has determined that
vacation of the 1988 COVENANT is in the best interest of OAK BROOK; and,
WHEREAS, the Village Board of Trustees of OAK BROOK has authorized the Village
Manager to record a consent to the vacation of the 1988 COVENANT dated August 25, 1988.
NOW, THEREFORE, OAK BROOK, for itself, and the successors and assigns and
future holders of title to the Subject Property, does hereby consent to the vacation and
elimination of the 1988 COVENANT dated August 25, 1988 and releases and abandons all
rights there under.
Village of Oak Brook
DuPage and Cook County, Illinois
By:
Its President
Attest:
Its Village Clerk
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STATE OF ILLINOIS )
SS.
COUNTY OF DUPAGE )
I, the undersigned, a Notary Public in and for said County, in the State aforesaid,DO
HEREBY CERTIFY that ,President of the Village of Oak Brook, and
,Village Clerk of aforesaid Village,personally known to me to be the
same persons whose names are subscribed to the foregoing instrument as such President and
Village Clerk,respectively appeared before me this day in person and acknowledged that they
signed and delivered the said instrument as their own free and voluntary act and as a free and
voluntary act of the Village, for the uses and purposes therein set forth; and said Village Clerk
then and there acknowledged that he/she, as custodian of the corporate seal of said Village, did
affix the corporate seal of said Village to said instrument, as his/her own free and voluntary act
and as the free and voluntary act of the Village, for uses and purposes herein set forth.
Given under my hand and Notarial Seal this day of , 2007.
Notary Public
THIS INSTRUMENT PREPARED BY
AND RETURN TO:
Scott M. Day
DAY& ROBERT, P.C. _
300 E. Fifth Avenue, Suite 365
Naperville, Illinois 60563
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Exhibit C
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RESTRICTIVE COVENANT
This covenant is made this 11'' day of January, 2008, by InSite Oak Brook Limited
Partnership, an Illinois limited partnership (formerly known as Columbia Lisle Limited
Partnership) ("INSITE").
WITNESSETH:
WHEREAS, INSITE is the record title holder of the real estate in DuPage County,
Illinois, which is legally described as follows:
The North ,Y2 of Lot 3 in Block 1 in Town Development
Company's Elmhurst Countyside Unit Number Three, being a
subdivision in the South East '/ 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; Permanent Parcel Numbers
06-22-409-003 (commonly
known as 1603 West Sixteenth Street, Oak Brook, IL. 60523)
(hereinafter referred to as"Subject Property")
And also the 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 Countyside Unit Number Three, being a subdivision in
the South East 1/ of Section 22, Township 39 North, Range 11,
East of the Third Principal Meridian, according to the Plat of said
resubdivision recorded September 8, 1988 as Document R88-
101855, in DuPage County, Illinois. Permanent Parcel Number
06-22-409-013 (commonly known as 1603 West Sixteenth Street,
Oak Brook, IL. 60523)
(hereinafter referred to as "Other Property").
WHEREAS, the City of Oakbrook Terrace ("OAKBROOK TERRACE") is a home
rule municipality under ILCS Const. Art. 7, 6; and,
WHEREAS, the City Council of OAKBROOK TERRACE on November 13, 2007
passed and approved Ordinance No. 07 - 20 granting disconnection of the Subject Property on
D&R 11/07/07 1
the condition, among others, that the owners of the Subject Property subject it to a certain
covenant running with the land; and
WHEREAS, INSITE desires to meet and satisfy the aforesaid condition of Ordinance
No. of OAKBROOK TERRACE.
NOW, THEREFORE, INSITE, for itself, its successors and assigns and future holders of
title to the Subject Property, does hereby assign and covenant as follows:
1. The burden of the covenants herein shall run with the land (the Subject Property) unless
and until OAKBROOK TERRACE shall, by recorded document, consent to any modification
or elimination of the restrictions and covenants described herein; and,
2. The Subject Property shall be used solely for A) subsurface utilities, B) landscaping, C)
setbacks and D) a trash enclosure(and shall not be use for parking or buildings). The location of
the trash enclosure on the Subject Property shall be in accordance with the Landscape Plan and
Retaining Wall Layout Plan prepared by Charles Vincent George Design Group Inc. and Design
Perspectives Inc., dated 10/25/07 and last revised 10/26/07, attached hereto as Exhibit A; and,
3. - Absent prior approval of OAKBROOK TERRACE, none of the three lots which
constitute the Subject Property and Other Property shall be sold, transferred or otherwise
conveyed except as part of a simultaneous sale, transfer or conveyance of each of the three lots
so that all of the Subject Property and Other Property shall at all times remain under common
ownership; and,
4. INSITE shall construct or cause to be constructed a berm topped with dense evergreen
shrubbery as well as retaining walls on the Subject Property and the Other Property, west and
south of the paved areas on the Other Property, for the purpose of shielding neighboring
residents from the Other Property in substantial conformance with Landscape Plan and Retaining
D&R 11/07/07 2
Wall Layout Plan prepared by Charles Vincent George Design Group Inc. and Design
Perspectives Inc., dated 10/25/07 and last revised 10/26/07, attached hereto as Exhibit A.; and,
5. Every person accepting a deed to or other interest with respect to the Subject Property
shall be deemed to accept such deed or other interest with the understanding that they are bound
by the provisions contained herein, and every person accepting such deed or interest thereby
consents and agrees to by bound by the covenants contained herein to the same extent as though
they had signed this instrument.
6. Invalidation of any one of these covenants by judgment or court order shall in no way
affect any of the other provisions which shall remain in full force and effect.
7. The provisions of this Restrictive Covenant shall be enforceable in a court of law or
equity by OAEBROOK TERRACE, and INSITE agrees that an injunction, issued by a court
having jurisdiction, against violations hereof is an appropriate method of enforcing this
Covenant.
IN WITNESS WHEREOF, INSITE has executed this instrument on the date first above
written.
InSite Oak Brook Limited Partnership,
an Illinois limited partnership
By: Columbia Holdings,Ltd., an Illinois
corporation, its general partner
By:
One of Its Partners
Approved as to forms required pursuant to
Ordinance of the City of Oakbrook
Terrace.
By:
As: City Attorney for the City of Oakbrook Terrace
D&R 11/07/07 3
a
STATE OF ILLINOIS )
SS.
COUNTY OF DUPAGE )
I, the undersigned, a Notary Public in and for the County and State aforesaid, DO
HEREBY CERTIFY, that , Partner of InSite Oak Brook Limited
Partnership, an Illinois limited partnership (formerly known as Columbia Lisle Limited
Partnership) thereof, personally known to me to be same person whose name is subscribed to the
foregoing instrument as such Partner, appeared before me this day in person and acknowledged
that he/she signed and delivered the said instrument as his/her own free and voluntary act, and as
the free and voluntary act of said Partnership.
GIVEN under my hand and Notarial Seal this day of , 2007.
Notary Public
Return to and Prepared by:
Scott Day
Day&Robert, P.C.
300 East 5t' Street
Suite 365
Naperville, Illinois 60563
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Exhibit A
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NOTE
See also: Resolution R-1002/Support Data File
And
Annexation File/Insite Oak Brook Limited Partnership
Rte. 83 and 16th Street
And
Agreement (Intergovernmental) File (between):
Oakbrook Terrace City & Village of Oak Brook
Disconnection of Land from Oakbrook Terrace
Annexation of Land to Village of Oak Brook
And
Ordinance 5-1221
Per Village Attorney Mark Sterk, there was no need to record R-1002 with updated
information as the signed and recorded Intergovernmental Agreement (R2008-
019368) has all updated information in it. This IGA, along with the following list of
related documents,were all recorded by the City of Oakbrook Terrace on February
6, 2008.
Oakbrook Terrace's Resolution No. R07-20 (R2008-019367)
Intergovernmental Agreement Between OBT & VOB (R2008-019368)
Oakbrook Terrace's Ordinance No. R07-20 (R2008-019369)
Oak Brook's Consent Vacation Restrictive Covenant (R2008-019370)
Oak Brook Terrace's Restrictive Covenant(R2008-019371)
Certified copies of these recorded documents were provided to the Village of Oak
Brook for its Official Annexation File.