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S-1360 - 12/11/2012 - ZONING - OrdinancesMAR.27,2013 OTHER 018 PAGES (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, IL 60523 -2255 RECORDED DOCUMENT TITLE PAGE - -- - 9:33 AM 06 -26- 101 -012 R2013- 045157 OAK BROOK ILLINOIS Property Address /es 2200 and 2222 Kensington Court, Oak Brook, Illinois 60523 If vacant land, so state and list nearest cross PIN No(s). 06 -26- 101 412 and 06 -26- 101 -013 Name and Address of Applicant: Chuck Ungaro Ace Hardware Corporation 2200 Kensington Road Oak Brook IL 60523 Name and Address of Responsible: Same Party to Receive Copy of Recorded Document and Billing G/L 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 N/A of Consideration (when applicable): G/L Account to be charged: ORDINANCE 2012- ZO- V -EX -S -1360 AN ORDINANCE GRANTING VARIATIONS FROM CERTAIN PROVISIONS OF SECTIONS 13 -11 -10 AND 13 -11-4 OF TITLE 13 ( "ZONING REGULATIONS ") OF THE VILLAGE OF OAK BROOK RELATIVE TO WALL SIGNS FOR THE PROPERTIES AT 2200 AND 2222 KENSINGTON COURT IN THE VILLAGE OF OAK BROOK, ILLINOIS (PIN: 06 -26- 101 -012 AND 06 -26- 101 -013) WHEREAS, an application was filed by Ace Hardware Corporation ( "Petitioner') on behalf of Oak Brook Kensington 1031, LLC ( "Owner "), the owner of the properties located at 2200 and 2222 Kensington Court, Oak Brook, Illinois and legally described in Exhibit A attached hereto and incorporated herein (collectively, the "Properties'), requesting variations from Sections 13- 11- 4A.7.d, 13- 11- 10C.8, 13- 11- 10D.2.c, and 13- 11- 10.E.4 ( "Variations ") of the "Zoning Ordinance of the Village of Oak Brook," as amended ( "Zoning Regulations "), to allow for the construction of a wall sign on each of the Properties as depicted in Exhibit B attached hereto and incorporated herein ( "Wall Signs'); and WHEREAS, the Petitioner's application also included a request for a variation to allow it to also construct a monument sign on the property located at 2222 Kensington Court, Oak Brook, Illinois ( "Monument Sign Variation "), which Monument Sign Variation has been withdrawn by Petitioner, and WHEREAS, Section 13- 11- 4A.7.d of the Zoning Regulations requires that the letters of wall signs are to be individually affixed to the walls of a building; and WHEREAS, Section 13- 11 -10C.8 of the Zoning Regulations does not allow for wall signs located in the ORA1 Zoning District to be in the center of a building face, except for those certain office buildings identified in Section 13- 11 -10C.8 of the Zoning Regulations; and WHEREAS, Section 13- 11- 10D.2.c of the Zoning Regulations does not allow for wall signs located in the ORA1 Zoning District that are mounted less than 50 feet high to have more than a 100 square foot sign face; and WHEREAS, Section 13- 11- 10.E.4 of the Zoning Regulations does not allow for wall signs located in the ORA1 Zoning District to extend beyond the roofline or to cover architectural features of the building to which it is affixed, and WHEREAS, the Petitioner is required to obtain the Variations for each of the two Wall Signs because the Properties are located in the ORA1 Zoning District and the Wall Signs: (i) will be mounted on a background panel that is then attached to a raceway and attached to the building (ii) will be located in the center of each building face (iii) will have approximately 247.50 square feet of sign face per sign on the north elevation of each building on the Properties; and (iv) will extend approximately 24 inches beyond the roofline and will cover a portion of the glass wall panels and decorative architectural features lines; and WHEREAS, on November 5, 2012, the Oak Brook Zoning Board of Appeals ( "ZBA ") conducted a public hearing on the requests for the Variations, pursuant to due and appropriate legal notice; and WHEREAS, after the close of the public hearing, the ZBA found that the Petitioner satisfactorily addressed the standards required for approval of the requested Variations set forth in Section 13 -14 -6D of the Zoning Regulations and, in a letter to the President and Board of Trustees dated November 16, 2012, recommended approval of the Variations subject to certain conditions; and Ordinance 2012- ZO- V -EX1 -S -1360 Ace Hardware — 2200 and 2222 Kensington Court Variation — Wall Signs PIN: 06- 26-101 -012 AND 06 -26- 101 -013 Page 2 of 8 WHEREAS, the President and Board of Trustees have reviewed the recommendations of the Zoning Board of Appeals and deem the Variations, as set forth below, to be in the best interests of the Village. 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 restated and incorporated herein as the findings of the President and Board of Trustees. Section 2. Grant of Variations to Sections 13- 11- 10C.8. 13- 11- 10D.2.c. and 13- 11- 10.E.4 of the Zoninq Regulations. Pursuant to the standards set forth in Section 13 -14 -6D of the Zoning Regulations, and subject to and contingent on the conditions set forth in Section 4 of this Ordinance, the Petitioner is hereby granted variations from Sections 13- 11- 10C.8, 13- 11- 10D.2.c, and 13- 11- 10.E.4 of the Zoning Regulations to allow for the construction of the Wall Signs. Section 3. Grant of Variations to Section 13- 11- 4A.7.d. of the Zoning Regulations. Pursuant to the standards set forth in Section 13 -14 -6D of the Zoning Regulations, and subject to and contingent on the conditions set forth in Sections 4 and 5 of this Ordinance, the Petitioner is hereby granted a variation from Section 13- 11- 4A.7.d. of the Zoning Regulations to allow for the construction of the Wall Signs. Section 4. General Conditions. The approval of the Variations granted in Sections 2 and 3 of this Ordinance are expressly subject to and contingent upon each of the following conditions: A. Substantial Conformance with Plans. The Wall Signs shall be constructed in substantial conformance with the approved plans, attached hereto and incorporated herein as Exhibit B, including but not limited to, the removal of the existing wall sign located on the building at 2200 Kensington Court, Oak Brook, Illinois; and B. Compliance with Zoning Regulations and Village Code, The Owner and Petitioner shall comply with the Zoning Regulations and all of the provisions contained in the "Village Code of the Village of Oak Brook, Illinois," as amended, that were in effect on the date that the Petitioner submitted his building permit application to the Village except as specifically varied or waived by this Ordinance; and C. Compliance with Applicable Law. In addition to the other specific requirements of this Ordinance, the Properties, the Wall Signs, and all of the Owner and Petitioner's operations and activities conducted on and in the Properties, must comply at all times with all applicable federal, state, and Village statutes, ordinances, resolutions, rules, codes, and regulations. Section 5. Conditions On Background Panel Mounted to a Raceway Sign. If the Petitioner or Owner affix the Wall Signs using a background panel mounted to a raceway, the approval of the Variations granted in Section 2 and Section 3 of this Ordinance are expressly subject to and contingent upon the Wall Signs being of a material and placed in a location on the buildings on the Properties that match the design, color and aesthetics of the buildings' architectural features, and so as not to be visible when installed. Section 6. Failure to Comply with Conditions. Upon failure or refusal of the Owner and Petitioner to comply with any or all of the conditions, restrictions, or provisions of this Ordinance, the Variations granted in Sections 2 and 3 and of this Ordinance will, at the sole discretion of the President and Board of Trustees, by ordinance duty adopted, be revoked and become null and void. Ordinance 2012- ZO- V -EX1 -S -1360 Ace Hardware — 2200 and 2222 Kensington Court Variation — Wall Signs PIN: 06 -26- 101 -012 AND 06 -26- 101 -013 Page 3 of 8 Section 7. Binding Effect: Non - Transferability. The privileges, obligations, and provisions of each and every section and provision of this Ordinance are for and inure to the benefit of and run with and bind the Properties, unless otherwise explicitly set forth in this Ordinance. Section 8. 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 9. Effective Date. A. This Ordinance will be effective only upon the occurrence of all of the following events: i. Passage by the President and Board of Trustees of the Village of Oak Brook in the manner required by law, ii. Publication in pamphlet form in the manner required by law; and iii. The filing by the Petitioner and Owner with the Village Clerk, for recording in the Office of the DuPage County Recorder of Deeds, of an 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 Petitioner and Owner. The unconditional agreement and consent must be substantially in the form attached hereto and incorporated herein as Exhibit C. B. In the event that the Owner and Petitioner do not file with the Village Clerk the unconditional agreement and consent required by Paragraph 9.A.iii. of this Ordinance within 60 days after the date of final passage of this Ordinance, the Board of Trustees of Trustees will have the right, in their sole discretion, to declare this Ordinance null and void and of no force or effect. APPROVED THIS 11th day of December, 2012. r Gopal G. I- almalani Village President PASSED THIS 11th day of December, 2012. Trustees Aktipis, Manzo, Noy, Wolin and Yusuf None Trustee Zannis ATTEST: f Charlotte K. Pruss �3!` Village Clerk Ordinance 2012- ZO- V -EX1 -S -1360 Ace Hardware — 2200 and 2222 Kensington Court Variation —Wall Signs PIN: 06 -26- 101 -012 AND 06 -26- 101 -013 Page 4 of 8 EXHIBIT A LEGAL DESCRIPTION PARCEL 1: LOTS 1 AND 2 OF THE FARNSWORTH- PALMER SUBDIVISION OF LOTS 9 AND 10 IN CORPORATE PLAZA SUBDIVISION, UNIT TWO, OF PARTS OF LOTS 1 AND 2 IN OAK BROOK INVESTMENT COMPANY ASSESSMENT PLAT NO. 3, OF PART OF SECTION 26, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID FARNSWORTH - PALMER SUBDIVISION RECORDED JULY 3, 1973 AS DOCUMENT R7339788, IN DUPAGE COUNTY, ILLINOIS. PARCEL 2: PERPETUAL EASEMENT FOR THE BENEFIT OF PARCEL 1 TO ENTER UPON THE FOLLOWING DESCRIBED REAL ESTATE, TOGETHER WITH THE RIGHT TO FREE ACCESS TO AND USE THEREOF FOR LANDSCAPING PURPOSES, AND TOGETHER WITH THE RIGHT OF FREE ACCESS TO AND USE OF THE SURFACE THEREOF FOR CONSTRUCTION, RE- CONSTRUCTION, MAINTENANCE, REPAIR AND USE OF SERVICE AND PRIVATE DRIVES AND AREAS FOR SAID PURPOSES AND FOR NO OTHER PURPOSES, AS CREATED BY INSTRUMENT RECORDED JANUARY 19, 1961 AS DOCUMENT 993993, AND DESCRIBED IN AUTHORIZATION RECORDED AUGUST 22, 1973 AS DOCUMENT R73- 53462, SAID EASEMENT OVER THE FOLLOWING DESCRIBED LAND: THAT. PART OF THE NORTHWEST '% OF SECTION 26, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS AND BEING THAT PART OF THE NORTHERN ILLINOIS GAS COMPANY PROPERTY AS PER WARRANTY DEED RECORDED DECEMBER 27, 1960 AS DOCUMENT 991698, LYING BETWEEN THE EAST LINE EXTENDED NORTHERLY OF LOT 2, AND THE WEST LINE EXTENDED NORTHERLY OF LOT 1 IN FARNSWORTH - PALMER SUBDIVISION OF LOTS 9 AND 10 IN CORPORATE PLAZA SUBDIVISION, UNIT TWO, OF PARTS OF LOTS 1 AND 2 IN OAK BROOK INVESTMENT COMPANY ASSESSMENT PLAT NO. 3, OF PART OF SECTION 26, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID FARNSWORTH - PALMER SUBDIVISION RECORDED JULY 3, 1973 AS DOCUMENT R73- 39788, IN DU PAGE COUNTY, ILLINOIS. Commonly known as 2200 and 2222 Kensington Court in Oak Brook, Illinois PINS: 06-26-101-012 and 06 -26- 101 -013 Ordinance 2012- ZO- V -EX1S -1360 Ace Hardware — 2200 and 2222 Kensington Court Variation — Wall Signs PIN: 06 -26- 101 -012 AND 06 -26- 101 -013 Page 5 of 8 EXHIBIT B SIGN PLAN CHICAGO GUARANTEE SURVEY COMPANY PLAT OF SURVEY 4 �� b Internally Illuminated L.E.D. Letter Set — N �c L on Background Panel 1)�x 2XS/F 0**�iVn N RTHERN ILLINOIS TOLL IGHWAY I ' Existing Letter Set REMOVAL ONLY _ Y 1 I: {..I" I 'C A..P R�1 G I V• vy , v+ I .� tY 1 I I i .�2 y �� •""' - - -..,_ __ / .i r ,,i _ �,. — p }. 1 KENSINGTON „-v._.,,-x_.., ROAD A I �� W _ 'krry orva.+sua n.xn•,..�e.senj —J o 585 Bond Street -Lincolnshire, It 60069 PRONE:(847(520.1255 FAX:(847(520-1543 www.ideffersigns.com CUSTOMER: ,W LOCATION: Oakbrook, IL SALESMAN: M. Mele DESIGNER: JTN DATE: 09/28/12 ceU� uLISs COMPANION FILES PRODOci ION PI{OCESSiNO :Gofer Item *r Job -001 -302 -0103 -006 W r a `r 0 0 0 y r z At", Site Plan CHICAGO GUARANTEE SURVEY COMPANY PLAT OF SURVEY 4 �� b Internally Illuminated L.E.D. Letter Set — N �c L on Background Panel 1)�x 2XS/F 0**�iVn N RTHERN ILLINOIS TOLL IGHWAY I ' Existing Letter Set REMOVAL ONLY _ Y 1 I: {..I" I 'C A..P R�1 G I V• vy , v+ I .� tY 1 I I i .�2 y �� •""' - - -..,_ __ / .i r ,,i _ �,. — p }. 1 KENSINGTON „-v._.,,-x_.., ROAD A I �� W _ 'krry orva.+sua n.xn•,..�e.senj —J o 585 Bond Street -Lincolnshire, It 60069 PRONE:(847(520.1255 FAX:(847(520-1543 www.ideffersigns.com CUSTOMER: ,W LOCATION: Oakbrook, IL SALESMAN: M. Mele DESIGNER: JTN DATE: 09/28/12 ceU� uLISs COMPANION FILES PRODOci ION PI{OCESSiNO :Gofer Item *r Job -001 -302 -0103 -006 W r a `r 0 0 0 y r z BICESite iFA-11113/7-8. C/) enti zcatzon Building 2200 jWieffer. I - IXu Is AN ORIGINAL ICRArnus SUBMITTED FOR USE IN roxXE(tmll vmHA )RLI REIRG PEPII'!(U FOR YOU BY PFEFFER 6 TB_IHC IT IS 110( 16 BE WRI COP 585 Bond Street- Lin ca Inshire, I L 60069 PHONE: (847) 520-1255 FAX: (347) 520.1543 www.kieifersigns.com C05TOM E0: ®N" LOCATION: Oakhro0k, IL !'I SALESMAN: M, Me10 OESIGNER: JTN DATE: 09/28/12 CeUS LISTED COMPANION FILES i t 3: 0 n fl C' i o N?=T A C E S Sl N G .(ie8@e diem aani .001 -002 _n0x -004 z z 0 C EW .10E 1Cfy8 /T 8 . C -;2-) SiteIclenttficataon Btiulcling 2222 8c CO., IN C--. 2012 KIEFFER R CO_.INC- 585 Band Street- Lincolnshire, I L 60059 PHONE: (847)520-1255 FAX: f847i 520.1543 www.kieffersigris.com CUSTOMER: ,t" LOCATION: Oakbrook, IL SALESMAN: M. Melo DESIGNER: JTN DATE: 09/28/12 CeLISTED us COMPANION FILES ^4EDOCT[fs[J':°Sd:l:li3aVll�_ dia€Per 1iem;S foo # -301 -OO2 --- AU N W � Q M ® O O � T � z z z 0 .LCE ,PK4113 /T B . (f3) 'PO"` "i a:.- Internally Illuminated L.E.D. Letter Set on Background Panel Raceway 1A Aluminum 4.5" wide x 6.5" @ 60" O.C. Letter Set Layout 1/2" = 1'-0" (2) - Required 247.50 sq ft GENERAL SPECIFICATIONS Background Panel McNichols perforated sheet metal w/ 1/2' dia. staggered holes at 11/16" O.C. 1" x 2" angle frame around perimeter of each panel. Panels to butt together and be mechanically fastened through vertical angles of frames. Background panel to be secured to vertical ribs of building with angle. Background panel to be positioned 24" above roofline and descend 24" below tops of windows. Channel Letters on Raceway internally illuminated channel letter set mounted to raceway. Raceway to be mechanically fastened to vertical ribs of building. Hinge access door on bottom of raceway for service. Door to open toward sign. ■■ ILLUMINATION TYPESLOAN CL5 COLOR RED PL i POWER SUPY TYPE SLOAN MODULAR 60 FACE MATERIAL 3/16" (.177") COLOR #2793 RED VINYL N/A RETAINER TYPE ALUMINUM SIZE " COLOR BLACK POWDER COAT RETURN MATERIAL .063" PRE -COAT COLOR BLACK DEPTH 7" FINISHED DEPTH BACK MATERIAL .090 ALUMINUM COLOR WHITE B/G PANEL MATERIAL PERP. ALUM.- AS NOT COLOR DURANODIC BRONZE MOUNTING TYPE -MAIN 5/16" NC STUD TYPE -2ND #8 TEn FASTENER RCWY MTG TYPE PER SITE CONDITIONS ENGTH RACEWAY SIZE 7"x7" COLOR - SWITCH TYPE DISCONNECT/TOGGLE LOCATION RACEWAY END CAP KICKER TYPE S�Z E/TYPE AS NEEDED COLOR MATCH RACEWAY -2 WEEP HOLES PER LETTER REQUIRED (1/4" DIA.). 'CAULK REQUIRED. 'UL LISTED PRODUCT `ALL ELECTRICAL OUTS LOCATED FOR RACEWAY AP F47 X INC - 0 2012 KIEFFER 1 CO -.INC 585 Bond Street- Lincolnshire, It 60069 PHONE: (847) 520-1255 FAX:(847)520.1543 www.kiettersigns.com CUSTOMER: ,W LOCATION: Oakbrook, IL SALESMAN: M. Melo DESIGNER: dTN DATE: 09/28/12 eC LISTED US COMPANION FILES ?11090,".Tlaul?ROCESsiNG 7iolor^.tem: _ Aoh -00101 _ -Goa -003 -004 mom Ordinance 2012- ZO- V -EXi -S -1360 Ace Hardware — 2200 and 2222 Kensington Court Variation —Wall Signs PIN: 06 -26- 101 -012 AND 06 -26- 101 -013 Page 6 of 8 EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Oak Brook, Illinois ( "Village ") WHEREAS, an application has been fled by Ace Hardware Corporation ( "Petitioner's on behalf of Oak Brook Kensington 1031, LLC ( "Owner "), the owner of the properties located at 2200 and 2222 Kensington Court, Oak Brook, Illinois and legally described in Exhibit 7 attached hereto and incorporated herein (collectively, the "Properties'l, requesting variations from Sections 13- 11- 10C.8, 13- 11- 10D.2.c, 13- 11- 10.E.4, 13- 11 -10G.4 and 13- 11- 4A.7.d ( "Variations ") of the "Zoning Ordinance of the Village of Oak Brook," as amended ( "Zoning Regulations "), to allow for the construction of a wall sign on each of the Properties ( "Wall Sign'; and WHEREAS, Ordinance No. 2012- ZO- V -EX -S -1360, adopted by the President and Board of Trustees of the Village of Oak Brook on December 11, 2012 ( "Ordinance "), grants approval of the Variations, subject to certain modifications, conditions, restrictions, and provisions; and WHEREAS, Subsection 9 of the Ordinance provides, among other things, that the Ordinance will be of no force or effect unless and until the Petitioner and Owner file this Unconditional Agreement and Consent with the Village Clerk and consents to accept and abide by each of the terms, conditions and limitations set forth in the Ordinance; NOW, THEREFORE, the Petitioner and Owner do hereby agree and covenant as follows 1. The Owner and Petitioner hereby unconditionally agree to accept, consent to, and abide by all of the terms, conditions, restrictions, and provisions of the Ordinance. 2. The Owner and Petitioner acknowledge and agree that: (i) public notices and hearings have been properly given and held with respect to the adoption of the Ordinance; (ii) the Petitioner and Owner have considered the possibility that the Variations granted by the Ordinance may be revoked if the Petitioner or Owner does not comply with the Ordinance; and (iii) the Owner and the Petitioner agree not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural right. 3. The Owner and Petitioner acknowledge and agree 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 construction or use of the Wall Signs on the Properties, and that the Village's issuance of any such permits does not, and will not, in any way, be deemed to insure the Owner or Petitioner against damage or injury of any kind and at any time. 4. The Owner and Petitioner agree to and do 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 such parties in connection with the construction, operation, and use of the Wall Signs, the Properties, or the Village's adoption of the Ordinance. 5. This Unconditional Agreement and Consent may not be amended, modified, released or annulled except upon the express, prior written approval of the Village of Oak Brook. [SIGNATURE PAGE FOLLOWS] Ordinance 2012- ZO- V -EX1 -S -1360 Ace Hardware — 2200 and 2222 Kensington Court Variation — Wall Signs PIN: 06 -26- 101 -012 AND 06 -26- 101 -013 Page 7 of 8 IN WITNESS WHEREOF, 6ya 11nedro executed this Unconditional Agreement and Consent on behalf of Ace Hardware Corporation on this /%A day of December , 201 2 Ace Hardware Corporation By: �` w Its: State of Illinois ) —T County /ofDuPage,,99 ) I, Ck JE .rT �',p .a Notary Public in and for the County and State aforesaid do hereby certify that C,vY, CjL / //0 6-�/ personally known to me, and that he /she appeared before me this t') day of 201; and acknowledged that he /she personally executed this instrument. - ---- ---- Official Seal Seal Helene A Stojoevski LNO.tary Public State of Illinois ommission Expires 10/01/2016 IN WITNESS WHEREOF, executed this Unconditional Agreement and Consent on behalf of Oak Brook Kensington 1031, LLC, ownership, on this day of 201_ '-F - y V L X ire yam' 4XLtn.,yt - ILL P ; /p /cn n 7 ,.n../ -+ Oak Brook Kensington 1031, LLC By: lci� Its: Cimpr State of Illinois County of DuPage I, `� cam:,. t-\ L t e a Notary Public in and for the County and State aforesaid do hereby certify that C Lu�tii o personally known to me, and that he /she appeared before me this 1'I day of Zh CC 'v bt, r 201,)- , and acknowledged that he /she personally executed this instrument. Notary Public OFFICIAL SEA. SUSAN M LINGLE NOTARY PUBLIC - STATE OF ILLINOIS W COMMON EXPIRES:OtA2li5 Ordinance 2012- ZO- V -EX1 -S -1360 Ace Hardware — 2200 and 2222 Kensington Court Variation — Wall Signs PIN: 06- 26-101 -012 AND 06- 26-101 -013 Page 8 of 8 EXHIBIT A TO UNCONDITIONAL AGREEMENT AND CONSENT LEGAL DESCRIPTION PARCEL 1: LOTS 1 AND 2 OF THE FARNSWORTH - PALMER SUBDIVISION OF LOTS 9 AND 10 IN CORPORATE PLAZA SUBDIVISION, UNIT TWO, OF PARTS OF LOTS 1 AND 2 IN OAK BROOK INVESTMENT COMPANY ASSESSMENT PLAT NO. 3, OF PART OF SECTION 26, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID FARNSWORTH - PALMER SUBDIVISION RECORDED JULY 3, 1973 AS DOCUMENT R73- 39788, IN DUPAGE COUNTY, ILLINOIS. PARCEL 2: PERPETUAL EASEMENT FOR THE BENEFIT OF PARCEL 1 TO ENTER UPON THE FOLLOWING DESCRIBED REAL ESTATE, TOGETHER WITH THE RIGHT TO FREE ACCESS TO AND USE THEREOF FOR LANDSCAPING PURPOSES, AND TOGETHER WITH THE RIGHT OF FREE ACCESS TO AND USE OF THE SURFACE THEREOF FOR CONSTRUCTION, RE- CONSTRUCTION, MAINTENANCE, REPAIR AND USE OF SERVICE AND PRIVATE DRIVES AND AREAS FOR SAID PURPOSES AND FOR NO OTHER PURPOSES, AS CREATED BY INSTRUMENT RECORDED JANUARY 19, 1961 AS DOCUMENT 993993, AND DESCRIBED IN AUTHORIZATION RECORDED AUGUST 22, 1973 AS DOCUMENT R73 - 53462, SAID EASEMENT OVER THE FOLLOWING DESCRIBED LAND: THAT PART OF THE NORTHWEST % OF SECTION 26, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS AND BEING THAT PART OF THE NORTHERN ILLINOIS GAS COMPANY PROPERTY AS PER WARRANTY DEED RECORDED DECEMBER 27, 1960 AS DOCUMENT 991698, LYING BETWEEN THE EAST LINE EXTENDED NORTHERLY OF LOT 2, AND THE WEST LINE EXTENDED NORTHERLY OF LOT 1 IN FARNSWORTH - PALMER SUBDIVISION OF LOTS 9 AND 10 IN CORPORATE PLAZA SUBDIVISION, UNIT TWO, OF PARTS OF LOTS 1 AND 2 IN OAK BROOK INVESTMENT COMPANY ASSESSMENT PLAT NO. 3, OF PART OF SECTION 26, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID FARNSWORTH - PALMER SUBDIVISION RECORDED JULY 3, 1973 AS DOCUMENT R73- 39788, IN DU PAGE COUNTY, ILLINOIS. Commonly known as 2200 and 2222 Kensington Court in Oak Brook, Illinois PINS: 06 -26- 101 -012 and 06 -26- 101 -013 STATE OF ILLINOIS ) ) SS. COUNTIES OF COOK AND DUPAGE ) I, Charlotte K. Pruss, do hereby certify that I am the duly elected and acting Village Clerk of the Village of Oak Brook, DuPage and Cook Counties, Illinois. I DO FURTHER CERTIFY that on December 11, 2012 the corporate authorities of the above municipality passed and approved: ORDINANCE 2012- ZO- V -EX -S -1360 AN ORDINANCE APPROVING A VARIATION FROM THE PROVISIONS OF SECTIONS 13 -11 -10 AND 13 -11-4 OF TITLE 13 OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS RELATIVE TO WALL SIGNS FOR THE PROPERTIES COMMONLY KNOWN AS 2200 AND 2222 KENSINGTON COURT IN THE VILLAGE OF OAK BROOK, ILLINOIS I DO FURTHER CERTIFY that the original document, of which the annexed copy is a true copy, is entrusted to my care for safekeeping and I am the keeper of the same. I DO FURTHER CERTIFY that I am the keeper of the records, journals, entries, resolutions, ordinances and documents of the said Village of Oak Brook, DuPage and Cook Counties, Illinois. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Village of Oak Brook this 26th day of March , 2013 Charlotte K. Pruss Village Clerk Village of Oak Brook DuPage and Cook Counties, Illinois 'Fw� WN