S-1329 - 03/13/2012 - ZONING - Ordinances ExhibitsOrdinance 2012- ZO- V-EX-S -1329
Granting a Variation from the Provisions of Section 13-6A -3F.2 of Title 13
For 94 Breakenridge Farm Road
Page 4 of 9
37:If- -
LEGAL DESCRIPTION
Property:
THAT PART OF THE SOUTH HALF OF SECTION 35, TOWNSHIP 39 NORTH, RANGE 11 EAST OF
THE THIRD PRINCIPAL MERIDIAN, DESCRIBED BY BEGINNING AT THE SOUTHEAST CORNER OF
LOT 2 IN BREAKENRIDGE UNIT 3, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER
28, 1990 AS DOCUMENT R90- 175848 IN DU PAGE COUNTY, ILLINOIS, AND RUNNING THENCE
SOUTH 44 DEGREES 58 MINUTES EAST (MEASURES SOUTH 45 DEGREES 37 MINUTES 04
SECONDS EAST) ALONG THE CENTER LINE OF A 16 FOOT PRIVATE ROAD EASEMENT, 43.12
FEET; THENCE SOUTH 16 DEGREES 09 MINUTES EAST ALONG SAID CENTER LINE, 55.53 FEET
(MEASURES SOUTH 16 DEGREES 29 MINUTES 25 SECONDS EAST 55.37 FEET); THENCE SOUTH
7 DEGREES 28 MINUTES WEST ALONG SAID CENTER LINE, 83.91 FEET (MEASURES SOUTH 7
DEGREES 09 MINUTES 07 SECONDS WEST 83.81 FEET); THENCE SOUTH 28 DEGREES 44
MINUTES WEST ALONG SAID CENTER LINE, 88.99 FEET (MEASURES SOUTH 28 DEGREES 21
MINUTES 16 SECONDS WEST 88.93 FEET); THENCE SOUTH 51 DEGREES 53 MINUTES WEST
ALONG SAID CENTER LINE, 48.23 FEET (MEASURES SOUTH 51 DEGREES 16 MINUTES 32
SECONDS WEST 48.27 FEET); THENCE SOUTH 73 DEGREES 11 MINUTES WEST ALONG SAID
CENTER LINE, 64.32 FEET (MEASURES SOUTH 72 DEGREES 35 MINUTES 00 SECONDS WEST
63.82 FEET); THENCE SOUTH 72 DEGREES 00 SECONDS WEST ALONG SAID CENTER LINE, 55.02
FEET (MEASURES SOUTH 71 DEGREES 59 MINUTES 45 SECONDS WEST 55.35 FEET); THENCE
SOUTH 54 DEGREES 16 MINUTES WEST ALONG SAID CENTER LINE, 48.41 FEET (MEASURES
SOUTH 53 DEGREES 28 MINUTES 11 SECONDS WEST 48.51 FEET); THENCE SOUTH 48
DEGREES 36 MINUTES WEST ALONG SAID CENTER LINE, 67.95 FEET (MEASURES SOUTH 47
DEGREES 48 MINUTES 48 SECONDS WEST 67.92 FEET); THENCE SOUTH 57 DEGREES 11
MINUTES WEST ALONG SAID CENTER LINE, 46.85 FEET (MEASURES SOUTH 56 DEGREES 24
MINUTES 28 SECONDS WEST) TO THE CENTER LINE OF AN INTERMITTENT STREAM; THENCE
NORTH 16 DEGREES 40 MINUTES WEST ALONG SAID CENTER LINE, 25.68 FEET (MEASURES
NORTH 17 DEGREES 56 MINUTES 20 SECONDS WEST 25.65 FEET); THENCE NORTH 10
DEGREES 07 MINUTES WEST ALONG SAID CENTER LINE, 36.39 FEET (MEASURES NORTH 11
DEGREES 22 MINUTES 16 SECONDS WEST 36.25 FEET); THENCE NORTH 41 DEGREES 00
MINUTES WEST ALONG SAID CENTER LINE, 14.12 FEET (MEASURES NORTH 42 DEGREES 30
MINUTES 51 SECONDS WEST 14.23 FEET); THENCE NORTH 69 DEGREES 09 MINUTES WEST
ALONG SAID CENTER LINE, 24.99 FEET (MEASURES NORTH 69 DEGREES 58 MINUTES 49
SECONDS WEST 25.41 FEET); THENCE NORTH 27 DEGREES 42 MINUTES WEST ALONG SAID
CENTER LINE, 30.36 FEET (MEASURES NORTH 28 DEGREES 57 MINUTES 30 SECONDS WEST
30.45 FEET); THENCE NORTH 1 DEGREE 39 MINUTES EAST ALONG SAID CENTER LINE, 31.20
FEET (MEASURES NORTH 0 DEGREES 27 MINUTES 53 SECONDS EAST 30.94 FEET); THENCE
NORTH 19 DEGREES 08 MINUTES EAST ALONG SAID CENTER LINE, 25.95 FEET (MEASURES
NORTH 18 DEGREES 08 MINUTES 36 SECONDS EAST 25.59 FEET); THENCE NORTH 59 DEGREES
24 MINUTES EAST ALONG SAID CENTER LINE, 22.59 FEET (MEASURES NORTH 59 DEGREES 10
MINUTES 43 SECONDS EAST 22.10 FEET); THENCE NORTH 11 DEGREES 47 MINUTES EAST
ALONG SAID CENTER LINE, 37.03 FEET (MEASURES NORTH 13 DEGREES 02 MINUTES 34
SECONDS WEST 36.91 FEET) TO THE MOST SOUTHERLY CORNER OF LOT 1 IN SAID
BREAKENRIDGE UNIT 3; THENCE NORTH 62 DEGREES 49 MINUTES 13 SECONDS EAST ALONG
SAID SOUTHERLY LINE AND ALONG THE SOUTHERLY LINE OF LOT 1 IN SAID BREAKENRIDGE
UNIT 3, 375.45 FEET TO THE PLACE OF BEGINNING, IN YORK TOWNSHIP, DU PAGE COUNTY,
ILLINOIS.
Commonly known as 94 Breakenridge Farm Road, Oak Brook, IL
PIN: 06-35- 400 -031
Ordinance 2012- ZO -V -EXS -1329
Granting a Variation from the Provisions of Section 13- BA -3F.2 of Idle 13
For 94 Breakenridge Farm Road
Page 5 of 9
Exhibit B
Site Plan
Ordinance 2012- ZO -V -EX- 5.1329
Granting a Variation from the Provisions of Section 13.6A3F.2 of Title 13
For 94 Breakenridge Farm Road
Page 6 of 9
EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Oak Brook, Illinois ( "Village")
WHEREAS, an application was filed by Ben Ziesemer ( "Petitioner") on behalf of the Institute in
Basic Life Principles, Inc. ( "Owner") requesting a variation to allow the construction of a sunroom addition
to encroach approximately six (6) feet into the required thirty (30) foot side yard setback on the property
located at 94 Breakenridge Farm, Oak Brook, Illinois and legally described in Exhibit 1 attached hereto
( "Property'); and
WHEREAS, Ordinance No. 2012- ZO -V -EXS -1329, adopted by the President and Board of
Trustees of the Village of Oak Brook on March 13, 2012, ( "Ordinance ") grants approval of a variation,
subject to certain modifications, conditions, restrictions, and provisions; and
WHEREAS, Subsection 7 of the Ordinance provides, among other things, that the Ordinance will
be of no force or effect unless and until the Petitioner and Owner files 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 Petitioner and Owner hereby unconditionally agree to accept, consent to, and abide by all of
the terms, conditions, restrictions, and provisions of the Ordinance.
2. The Petitioner and Owner 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 variation granted by the Ordinance may be revoked if the Petitioner or
Owner does not comply with the Ordinance; and (iii) the Petitioner and Owner agree not to challenge any
such revocation on the grounds of any procedural infirmity or a denial of any procedural right.
3. The Petitioner and Owner 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 sunroom addition on the Property, and that the Village's
issuance of any such permit 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 Petitioner and Owner 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 sunroom addition, the
Property, 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 -EXS -1329
Granting a Variation from the Provisions of Section 13- 6P. -3F.2 of Me 13
For 94 Breakenridge Farm Road
Page 7 of 9
Dated:, 2012.
William Gothard, President
Institute in Basic Life Principles, Inc.
Owner of 94 Breakenridge Farm, Oak Brook, IL
Dated: 2012.
Ben Ziesemer, individually
Ordinance 2012- ZO- V- EX- S-1329
Granting a Variation from the Provisions of Section 13- 6A -3F2 of Idle 13
For 94 Breakenridge Farm Road
Page 8 of 9
EXHIBIT 1 TO UNCONDITIONAL AGREEMENT AND CONSENT
LEGAL DESCRIPTION
Property:
THAT PART OF THE SOUTH HALF OF SECTION 35, TOWNSHIP 39 NORTH, RANGE 11 EAST OF
THE THIRD PRINCIPAL MERIDIAN, DESCRIBED BY BEGINNING AT THE SOUTHEAST CORNER OF
LOT 2 IN BREAKENRIDGE UNIT 3, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER
28, 1990 AS DOCUMENT R90- 175848 IN DU PAGE COUNTY, ILLINOIS, AND RUNNING THENCE
SOUTH 44 DEGREES 58 MINUTES EAST (MEASURES SOUTH 45 DEGREES 37 MINUTES 04
SECONDS EAST) ALONG THE CENTER LINE OF A 16 FOOT PRIVATE ROAD EASEMENT, 43.12
FEET; THENCE SOUTH 16 DEGREES 09 MINUTES EAST ALONG SAID CENTER LINE, 55.53 FEET
(MEASURES SOUTH 16 DEGREES 29 MINUTES 25 SECONDS EAST 55.37 FEET); THENCE SOUTH
7 DEGREES 28 MINUTES WEST ALONG SAID CENTER LINE, 83.91 FEET (MEASURES SOUTH 7
DEGREES 09 MINUTES 07 SECONDS WEST 83.81 FEET); THENCE SOUTH 28 DEGREES 44
MINUTES WEST ALONG SAID CENTER LINE, 88.99 FEET (MEASURES SOUTH 28 DEGREES 21
MINUTES 16 SECONDS WEST 88.93 FEET); THENCE SOUTH 51 DEGREES 53 MINUTES WEST
ALONG SAID CENTER LINE, 48.23 FEET (MEASURES SOUTH 51 DEGREES 16 MINUTES 32
SECONDS WEST 48.27 FEET); THENCE SOUTH 73 DEGREES 11 MINUTES WEST ALONG SAID
CENTER LINE, 64.32 FEET (MEASURES SOUTH 72 DEGREES 35 MINUTES 00 SECONDS WEST
63.82 FEET); THENCE SOUTH 72 DEGREES 00 SECONDS WESTALONG SAID CENTER LINE, 55.02
FEET (MEASURES SOUTH 71 DEGREES 59 MINUTES 45 SECONDS WEST 55.35 FEET); THENCE
SOUTH 54 DEGREES 16 MINUTES WEST ALONG SAID CENTER LINE, 48.41 FEET (MEASURES
SOUTH 53 DEGREES 28 MINUTES 11 SECONDS WEST 48.51 FEET); THENCE SOUTH 48
DEGREES 36 MINUTES WEST ALONG SAID CENTER LINE, 67.95 FEET (MEASURES SOUTH 47
DEGREES 48 MINUTES 48 SECONDS WEST 67.92 FEET); THENCE SOUTH 57 DEGREES 11
MINUTES WEST ALONG SAID CENTER LINE, 46.85 FEET (MEASURES SOUTH 56 DEGREES 24
MINUTES 28 SECONDS WEST) TO THE CENTER LINE OF AN INTERMITTENT STREAM; THENCE
NORTH 16 DEGREES 40 MINUTES WEST ALONG SAID CENTER LINE, 25.68 FEET (MEASURES
NORTH 17 DEGREES 56 MINUTES 20 SECONDS WEST 25.65 FEET); THENCE NORTH 10
DEGREES 07 MINUTES WEST ALONG SAID CENTER LINE, 36.39 FEET (MEASURES NORTH 11
DEGREES 22 MINUTES 16 SECONDS WEST 36.25 FEET); THENCE NORTH 41 DEGREES 00
MINUTES WEST ALONG SAID CENTER LINE, 14.12 FEET (MEASURES NORTH 42 DEGREES 30
MINUTES 51 SECONDS WEST 14.23 FEET); THENCE NORTH 69 DEGREES 09 MINUTES WEST
ALONG SAID CENTER LINE, 24.99 FEET (MEASURES NORTH 69 DEGREES 58 MINUTES 49
SECONDS WEST 25.41 FEET); THENCE NORTH 27 DEGREES 42 MINUTES WEST ALONG SAID
CENTER LINE, 30.36 FEET (MEASURES NORTH 28 DEGREES 57 MINUTES 30 SECONDS WEST
30.45 FEET); THENCE NORTH 1 DEGREE 39 MINUTES EAST ALONG SAID CENTER LINE, 31.20
FEET (MEASURES NORTH 0 DEGREES 27 MINUTES 53 SECONDS EAST 30.94 FEET); THENCE
NORTH 19 DEGREES 08 MINUTES EAST ALONG SAID CENTER LINE, 25.95 FEET (MEASURES
NORTH 18 DEGREES 08 MINUTES 36 SECONDS EAST 25.59 FEET); THENCE NORTH 59 DEGREES
24 MINUTES EAST ALONG SAID CENTER LINE, 22.59 FEET (MEASURES NORTH 59 DEGREES 10
MINUTES 43 SECONDS EAST 22.10 FEET); THENCE NORTH 11 DEGREES 47 MINUTES EAST
ALONG SAID CENTER LINE, 37.03 FEET (MEASURES NORTH 13 DEGREES 02 MINUTES 34
SECONDS WEST 36.91 FEET) TO THE MOST SOUTHERLY CORNER OF LOT 1 IN SAID
BREAKENRIDGE UNIT 3; THENCE NORTH 62 DEGREES 49 MINUTES 13 SECONDS EAST ALONG
SAID SOUTHERLY LINE AND ALONG THE SOUTHERLY LINE OF LOT 1 IN SAID BREAKENRIDGE
UNIT 3, 375.45 FEET TO THE PLACE OF BEGINNING, IN YORK TOWNSHIP, DU PAGE COUNTY,
ILLINOIS.
Commonly known as 94 Breakenridge Farm Road, Oak Brook, IL
PIN: 05- 35-400 -031
IM
Ordinance 2012- ZO -V -EX- 5.1329
Granting a Variation from the Provisions of Section 13- 6A -3F.2 of TRIe 13
For 94 Breakenridge Farm Road
Page 9 of 9
IN WITNESS WHEREOF, William Gothard executed this Unconditional Agreement and Consent this
day of 2012
Gothard
State of Illinois )
County of DuPage )
I, a Notary Public in and for the County and State aforesaid
do hereby certify that William Gothard, personally known to me, and that he appeared before me this
day of , 2012, and acknowledged that he personally executed this instrument.
Notary Public
Seal
IN WITNESS WHEREOF, Ben Ziesemer executed this Unconditional Agreement and Consent this
day of 2012
Ben Ziesemer
State of Illinois )
County of DuPage )
I, a Notary Public in and for the County and State aforesaid
do hereby certify that Ben Ziesemer, personally known to me, and that he appeared before me this
_ day of , 2012, and acknowledged that he personally executed this instrument
Seal
Notary