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S-1355 - 11/13/2012 - REPEAL - OrdinancesORDINANCE 2012 - REPEAL- AN -D -S -1355 AN ORDINANCE REPEALING ORDINANCE 2011- AN -D -S -1307 WHEREAS, the Village of Oak Brook ( "Village") and the Westmont Park District ( "WPD ") entered into an Agreed Settlement and Order of Dismissal ( "Order') on September 24, 2012, resolving litigation related to the real property commonly known as the "S -Curve Parcel "; and WHEREAS, the Circuit Court of DuPage County entered the Order on September 27, 2012, in case number 2012CH752; and WHEREAS, pursuant to the Order, the Village is adopting this Ordinance to repeal Ordinance 2011- AN -D -S -1307; 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: Recitals. The foregoing recitals are incorporated into, and made a part of, this Ordinance as the findings of the Village President and Board of Trustees. Section 2: Repeal. Oak Brook Ordinance 2011- AN -D -S -1307, shall be, and is hereby, repealed in its entirety, confirming the disconnection of the S -Curve Parcel as of September 27, 2010. Section 3: Effective Date. This Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. Section 4: Repeal. All ordinances or parts thereof`in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict.,," APPROVED THIS 13th day of November, 2012. � r Gopal G. Lalmalani Village President PASSED THIS 13th day of November, 2012. Ayes: Trustees Aktipis, Manzo, Moy, Wolin, Yusuf and Zannis Nays: None r_1.=, ; ATTEST: l� Charlotte K. Pruss Village Clerk IN THE CIRCUIT COURT OF THE EIGHTEI JUDICIAL CIRCUIT, DUPAGE COUNTY, ILLINOIS Westmont Park District, Plaintiff, V. Village of Oak Brook, Defendant OTHER 005 PAGES AGREED SETTLEMENT AND ORDER OF DISMISSAL Property Address/es If vacant land, so state and list nearest cross streets PIN NO(s). 06 -34- 301 -001 Name and Address of Applicant: VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK. IL 60523 G/L ACCOUNT TO BE CHARGED: 121 -7700 Prepared by and mail to: Village of Oak Brook 1200 Oak Brook Road / Oak Brook, IL 60523 #11849881_vl �a i� i 'r4 IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT STATE OF ILLINOIS, COUNTY OF DUPAGE Westmont Park District Plaintiff V. Village of Oak Brook Defendant AGREED SETTLEMENT NOW COME the parties by and through their attorneys, pursuant to the parties' joint motion for entry of this Order, and intending to avoid further litigation and resultant costs, hereby agree in settlement of this matter upon this Court's Order as follows: THE COURT HEREBY FINDS: A. Plaintiff Westmont Park District ("WPD') is the fee and sole owner of the parcel that is the Subject Property in this lawsuit, as legally described in the Complaint and on Exhibit "A" attached hereto and made a part hereof, B. The Estate of Paul Butler originally owned the Subject Property and conveyed it to the Village of Westmont ("Westmont ") pursuant to an Administrator's Deed recorded against the Subject Property and dated April 7, 1987, This Deed was recorded with the DuPage County Recorder as documents R88- 096126, R88 -096127, and R88 - 096128 ("Butler Deed' J. Westmont subsequently conveyed the Subject Property to the WPD pursuant to a Warranty Deed dated September 2, 1987, and recorded with the DuPage County C. The Butler Deed contains a restriction that condition that said parcels be utilized by the grantee Restriction "). The parties acknowledge the Deed CNIA y ' tbje the` p��gwRqu�p�p,r land, is enforceable, ilris0r03fro0b taaln "IbotaOCtaM Ca Wt MdtioWk0lEercW ro .wRC1191ne9.A3urdwaW. artnss MWIIC4f IlECCIYfD O YA30MHtY- IWI= 121 Mae Mtppgp�[ SlI1TUCDWidlvtp1211 s<G19AN211913H11)1 Gl thmarc m1V IMWJsxw•7fi c• rO M tlde e l did wmwLVnOd "iwl¢:IF101220IL1192.10U9 v: 2012CH752 JF u aEK=. -4 I r WM o yM .. W AND ORDER OF DISMISSAL NOW COME the parties by and through their attorneys, pursuant to the parties' joint motion for entry of this Order, and intending to avoid further litigation and resultant costs, hereby agree in settlement of this matter upon this Court's Order as follows: THE COURT HEREBY FINDS: A. Plaintiff Westmont Park District ("WPD') is the fee and sole owner of the parcel that is the Subject Property in this lawsuit, as legally described in the Complaint and on Exhibit "A" attached hereto and made a part hereof, B. The Estate of Paul Butler originally owned the Subject Property and conveyed it to the Village of Westmont ("Westmont ") pursuant to an Administrator's Deed recorded against the Subject Property and dated April 7, 1987, This Deed was recorded with the DuPage County Recorder as documents R88- 096126, R88 -096127, and R88 - 096128 ("Butler Deed' J. Westmont subsequently conveyed the Subject Property to the WPD pursuant to a Warranty Deed dated September 2, 1987, and recorded with the DuPage County C. The Butler Deed contains a restriction that condition that said parcels be utilized by the grantee Restriction "). The parties acknowledge the Deed CNIA y ' tbje the` p��gwRqu�p�p,r land, is enforceable, ilris0r03fro0b taaln "IbotaOCtaM Ca Wt MdtioWk0lEercW ro .wRC1191ne9.A3urdwaW. artnss MWIIC4f IlECCIYfD O YA30MHtY- IWI= 121 Mae Mtppgp�[ SlI1TUCDWidlvtp1211 s<G19AN211913H11)1 Gl thmarc m1V IMWJsxw•7fi c• rO M tlde e l did wmwLVnOd "iwl¢:IF101220IL1192.10U9 t� and restricts the use of the Subject Property to "passive park purposes." D. As of September 14, 2010, the Subject Property was within the corporate boundaries of the Village of Oak Brook ("Oak Brook "). On September 14, 2010, Oak Brook adopted Ordinance 2010 -AN -DS -1292, disconnecting the Subject Property from the Village of Oak Brook ( "Disconnection Ordinance'). The Disconnection Ordinance was recorded on September 27, 2010 as document R2010- 128964. On March 22, 2011, the Village of Oak Brook adopted Ordinance 2011- AN -D -S -1307, purporting to repeal the Disconnection Ordinance and thereby improperly re-annex the Subject Property back into Oak Brook ("Repeal Ordinance'l. In accordance with this settlement, Oak Brook will adopt an ordinance repealing the Repeal Ordinance ("Repeal of Repeat Ordinance') which confirms the effect of this Order that from and after September 27, 2010 and to date the Subject Property has been disconnected from Oak Brook and is in unincorporated DuPage County. WHEREFORE the Court Declares and Orders: I. The Complaint in Quo Warranto is dismissed with prejudice. 2. This Order and the Repeal of the Repeal Ordinance shall be recorded against the Subject Property at Oak Brook's expense. 3. This Court shall retain jurisdiction hereof to enforce this Order. AGREED; Wes Park Dist ct Vill ak B c By: v ,4e Attorney Its Attorney DATE: bet' 2 2012; 2 "¢¢ ��s�saCOVa DWiRYAMWl6Y- lall,/J011I/e211AM MPNI MM.1 ®0"Ib1yIDIT 11M{IBAMII'NN3HR31, Q'ri hvca Y�M"J3pw,v.i3151o.nWJv bvtliJm Nn Jocomml. Vv"dYms @:lal" Ina I2 -I IQ -1"A9 Kenneth T. Kubiess Kubiesa law Firm, P.C. 340 W. Butterfield Rd. AB Elmhurst, IL 60126 Any No. 45985 Peter M. Friedman Benjamin L. Schuster Holland & Knight LLP 131 S. Dearborn Street, 30i' Fir. Chicago, Illinois 60603 Atty No. 10884 rit5ns7n 4 j� 3 RF. QIIGSTRGmVIDOM8rw1LUN0v- IdlLglal1H'e:10 AM WGUA�fI51AgLIW pry IrylYIDI111:/LwAdds 1A 314 11 a h'G YWI hbp:Hwrr.,Zfif d, 912, eb Nb EmmneM. Vll&&. Wn. Q+I9113WICS -10739 EXHIBIT "An LEGAL DESORIPTON THAT PART OF NORTH, RAND 1t EA9TSOUi ITEHb'ET THIRD FRACTIONAL MMVML DESLO'RNISE AS FOLLOM COWWOXJCING AT THU NNIHANEST CORNER OF THE SOUTHWEST FRACTION QUARTER OF SAO SEOMN 34; THENCE NORTH 69 DEGREES 23 MINUTES 35 SECONOB EAST ALONG THE NORTH LINE OF THE SOUTHWEST FRACTIONAL QUARTER OF SECTION 34, A DISTANCE OF 986.70 FEET !HINDI SOUTH 00 DEGREES 90 MINUTES 25 SECONDS EAST ALONG A LINE Yle SOUTHEAST, HAVING A RADIUS OF WAY FEET, HAVING A CHORD BEARING OF SOUTH 47 DEGREES 119 MBII'IES 44 SMDS WEST FOR A DISTANCE OF 61342 FEET; THENCE NORTH 61 DEGREES 51 NINUTES 66 SECONDS WEST 22.20 FEET TO A POINT ON A LDS:, 33.00 FEET FAST OF AND PARALLEL VRTFI THE WEST LIFE OF THE SOUTIMM FRACTIONAL QUARTER OF SAID SECTION 4 THENCE NORM 01 DEGREES 16 MINUTES 56 SECONDS EAST ALONG SAID PARALIX LINE, BEING 39.00 FEET EAST OF THE WEST' LINE OF THE SOUTHWEST FRACTIONAL QUARTER OF SAID SECTION 34, A OIBTANCE OF 288.73 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTEMY ALONG THE ARC OF A CURVE BEING CONCAVE TO THE SOUTHEAST, HAYING A RADIUS OF 26.00 FEET, HAVTNO A CHORD BEARING OF NORTH 45 DEGREES 19 MINUTES 46 SECONDS EAST FOR A DISTANCE OF MA FEET TO A POINT OF TA06MY; THENCE NORTH 89 DEGREES 23 MINUTES 88 SECONDS EAST ALONG A LINE 40.00 FEET SOUTH OF AND PARALLEL OTITH THE NORTH LINE OF THE SOUTHWEST FRACTIONAL QUARTER OF SAID SECTION 5% A INSTANCE OF =82 FEET TO THE POINT OF SMINNING, ReWkWPSCErvODOWRYA2ALWBY•Idl]IIDCI� bn�Vidt bi pJhmv,ttlf Wv bvWklM ftc=Ynliftlim LM: IP OM012 -1142 -10139