S-1221 - 01/08/2008 - ANNEXATION - Ordinances Supporting Documentsi
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1if,
AGENDA ITEM
Regular Board of Trustees Meeting
of
January 8, 2008
SUBJECT: Insite Oak Brook Limited Partnership — Intergovernmental Agreement and
Annexation of Property
FROM: Robert L. Kallien, Jr., AICP, Community Development Directo
BUDGET SOURCE /BUDGET IMPACT: N/A
RECOMMENDED MOTIONS: I move to approve:
a. Resolution 2008- AN -D -AG -EXI -R -1002 which provides for the disconnection of
from the City of Oakbrook Terrace and the annexation of land to the Village of Oak
Brook; and
b. Ordinance 2008 -AN -EXI -S -1221 annexing certain territory to the Village of Oak
Brook.
Background /History: for a
In conjunction with the recent approval of the In
site Oak Brook Limited Partnership requests 1603
text amendment, special use and variations necessary to redevelop the property located at
16th Street as a drive -thru banking facility, the Village Attorney was directed to prepare the
necessary resolution and ordinance which approve an intergovernmental agreement with the City
of Oakbrook Terrace and annexation of property to the Village of Oak Brook.
Accordingly, the Attorney has prepared Resolution 2008- AN- D -AG -EX 1 -R -1002 and Ordinance
2008 -AN -EXI -S -1221.
Recommendation:
Approve Resolution 2008- AN -D -AG -EXI -R -1002 and Ordinance 2008 -AN- EXI -S -1221.
T -A w...,a.,,, Ct, fMr t \Cnn1i)w\C;P0T ANEK \l -FROM BOB \Bot - PC - 73A \BOT- Rec- Insitc Annexation etal- Ta12008 doc
8.C. the January 22, 2008 Board of Trustees meeting. ROLL CALL VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
9. UNFINISHED BUSINESS
A. CONFIRMATION OF APPOINTMENTS — None presented
B. ORDINANCES & RESOLUTIONS
In conjunction with the recent approval of the Insite Oak Brook Limited Partnership
requests for a text amendment, special use and variations necessary to redevelop the
property located at 1603 16th Street as a drive -thru banking facility, the Village Attorney
was directed to prepare the necessary resolution and ordinance which approve an
intergovernmental agreement with the City of Oakbrook Terrace and annexation of property
to the Village of Oak Brook.
Accordingly, the Attorney has prepared Resolution R -1002 and Ordinance S -1221.
1) RESOLUTION R -1002 WHICH PROVIDES FOR THE DISCONNECTION OF
LAND FROM THE CITY OF OAKBROOK TERRACE AND THE ANNEXATION
OF LAND TO THE VILLAGE OF OAK BROOK
Motion by Trustee Sanford, seconded by Trustee Carson, for passage of Resolution R-
1002 which provides for the disconnection of land from the City of Oakbrook Terrace
and the annexation of land to the Village of Oak Brook. ROLL CALL VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
2) ORDINANCE 2008 -AN -EX 1 -S -1221 ANNEXING CERTAIN TERRITORY TO THE
VILLAGE OF OAK BROOK.
Motion by Trustee Sanford, seconded by Trustee Saiyed, for passage Ordinance S -1221
annexing certain territory to the Village of Oak Brook. ROLL CALL VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
C. AWARD OF CONTRACTS
1) RESIDENTIAL REFUSE COLLECTION AGREEMENT CONTINUED FROM
DECEMBER 11, 2007
VILLAGE OF OAK BROOK Minutes Page 9 of 15 JANUARY 8, 2008
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.
FRED BUCHOLZ
OUPAGE COUNTY RECORDER
fEB.14,2008 3:11 PM
PLAT 06 -72- 409 -003
004 PAGES H2O08- 024125
(Above Space For Recorder's Office Only)
VILLAGE OF OAK BROOK
1200 Oak Brook Road
Oak Brook, Illinois 60523 -2255
RECORDED DOCUMENT TITLE PAGE
Title of Document ORDINANCE 2008- AN -EX1 -S -1221 AN ORDINANCE ANNEXING CERTAIN
TERRITORY TO THE VILLAGE OF OAK BROOK, DUPAGE AND COOK
COUNTIES, ILLINOIS
Property Address /es VACANT LAND
(If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523.)
ROUTE 83 AND 16 STREET, OAK BROOK, (FORMERLY OAKBROOK TERRACE) IL
Pin /s Number 06 -22- 409 -003 �----
Name & Address of Applicant: INSITE OAK BROOK LIMITED PARTNERSHIP
1603 TQ-TR STREET, OAK BROOK, IL 60523
Name & Address of Responsible INSITE OAK BROOK LP- ATTENTION: TOM CERVENKA
Party to Receive Copy of 1603 16 STREET
Recorded Document and Billing: OAK BROOK, IL 60523
G/L Account # to be Charged: 10 -1365
Prepared By: Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
Name & Address of Recipient
of Consideration (when applicable):
G/L Account # to be Charged:
�i
N/A
Return To(-Oak Village of Oak Brook
1200 Oak Brook Road
Brook, Illinois 60523
i
�y
s
ORDINANCE 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 Countxr, 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
i
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
i
Ordinance 2008- AN -EX1 -S -1221
Disconnect OBT /Annex. — InSite
160316 1h 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 8th day of January, 2008.
AP OVED:
John' W. Craig
Viflage President
b/
AYES: Trustees Carson Kennedy, Manofsky, Saiyed, Sanford and Wolin
NAYS: None
ABSENT: President Craig
4,4
Le
ATTEST:
Charlotte K. Pruss
Village Clerk
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 January 8, 2008 , the corporate
authorities of the above municipality passed and approved
Ordinance 2008- AN -EX1 -S -1221,
AN ORDINANCE ANNEXING CERTAIN TERRITORY TO
THE VILLAGE OF OAK BROOK, DUPAGE AND COOK COUNTIES, 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 22nd day of January, 2008.
iarlotte K. Pruss
lage Clerk
'age of Oak Brook
Page and Cook Counties, Illinois
Administration
630 368 5000
FAX 630 368 5045
Community
Development
630 368 5101
FAX 630 368 5128
Engineering
Department
6,30 368 5130
FAX 630 368 5128
Fire Department
630 368 5200
FAX 630 368 5250
Police Department
630 368 8700
FAX 630 368 8739
Public Works
Department
630 368 5270
FAX 630 368 5295
Oak gook
Public Library
600 Oak Brook Road
Oak Brook, IL 60523 -2200
630 368 7700
FAX 630 368 7704
Coal: Brook Sports Core
Bath &'T'ennis Club
700 Oak Bzook Road
Oak Brook, IL 60523 -4600
630 368 6420
FAX 630 368 6439
l
i
FGolf Club
2(106 York Road
Oak Brook, 1L 60523 -4602
630 368 6400
FAX 630 368 6419
I
I
February 10, 2008
Cook County Offices
Tax Map Dept — Ron Lagowski
118 North Clark Street, Room 434
Chicago, Illinois 60602
Via Certified Mai!
Tracking #7005 2570 00015023 9956
Re: Village of Oak Brook Annexation
Ordinance 2008- AN -EX1 -S -1221
Recorded Document No. R2008- 024125 (2/14/08)
Dear Mr, Lagowski:
Per requirements of the Illinois State Statutes, enclosed please find a
certified /recorded copy of the above noted document for filing. Please
return a file- stamped copy of this document (also enclosed) in the
envelope provided at your convenience.
Should you have any questions, please do not hesitate to contact Linda
Andrys at (630) 368 -5056.
Thank you for your time and consideration in this matter
Sincerely,
Charlotte K. Pruss
Village Clerk
CKP /rak
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Village of
Oak Brook
1200 Oak Btook Road
Oak B> ook, IL 60523 -2255
Website
www.oak- brook.org
AIdministration
630 368 5000
FAX 630 368 5045
Community
Development
630 368 5101
FAX 630 368 5128
Engineering
Department
630 368 5130
FAX 630 368 5128
Fire Department
630 368 5200
FAX 630 368 5250
Police Department
630 368 8700
FAX 630 368 8739
Public Works
Department
630 368 5270
FAX 630 368 5295
Oak Brook
.Public Library
600 Oak Brook Road
Oak Brook, IL 60523 -2200
630 368 7700
FAX 630 368 7704
Oak Brook Sports Core
Bath & 'tennis Club
700 Oak Brook Road
Oak Brook, IL 60523 -4600
630 368 6420
FAX 630 368 6439
i
Golf Club
2606 York Road
Oak Brook, IL 60523 -4602
630 368 6400
FAX 630 368 6419
VIA U.S.P.S CERTIFIED MAIL
TRACKING #7003 2260 0000 5105 0566
February 20, 2008
Odelson & Sterk, Ltd.
Attention: Mr. Mark H. Sterk
3318 West 95th Street
Evergreen Park, IL 60805
Re: InSite Oak Brook Limited Partnership
Ordinance 2008 -AN -EX 1 -S -1221
Recorded Document No. 2008 - 024125 on 2 -14 -08
Annexation - Vacant Land -Rte. 83 & 16th St. (1603 16th St.)
Oak Brook, IL 60523
PIN #06 -22- 409 -003
Dear Mr. Sterk-
As you requested in your email of February 13, 2008,1 am now sending you a
copy of the above noted recorded document for your reference The Village
Clerk, Charlotte Pruss, also filed this information with the DuPage County Clerk's
Office and with the Cook County Offices per requirements of the Illinois State
Statutes.
If you need any further assistance in this matter, feel free to contact me at 630-
368-5056 on Monday through Friday from 9am to 5pm.
Sincerely,
U
Linda M. Andrys
Records Management Clerk/Freedom of Information Officer
/lma
Enclosure
cc: David Niemeyer, Village Manager
Charlotte K. Pruss, Village Clerk
Dale Durfey, Jr., Village Engineer
/RECDOC /2008- CORRESPONDENCE -ATTY MARK STEAK -ORD 2008- AN -EX1-S -1221
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Village of
Oak Brook
February 21, 2008
1200 Oak Brook Road
Oak Brook, IL 60523 -2255
Website
www.oak- brook.org
InSite Oak Brook Limited Partnership
Administration
Attention: Mr. Tom Cervenka
630 368 5000
1603 16th Street
FAX 630 368 5045
Oak Brook, IL 60523
Community
Development
Re: Recorded Document No.R2008- 024125 on February 14 2008
630 368 5101
FAX 630 368 5128
ORDINANCE 2008 -AN -EX 1 -S -1221
Vacant Land at Route 83 and 16th Street
Engineering
1603 16th Street
Department
Oak Brook, IL 60523
630 368 5130
FAX 630 368 5128
Dear Mr. Cervenka:
Fire Department
630 368 5200
FAX 630 368 5250
A copy of the above noted recorded document is enclosed for your information.
This is an important record and should be retained in a secure area within your
Police Department
files.
630 368 8700
FAX 630 368 8739
If you need any further assistance in this matter, feel free to contact me at 630 -
Public Works
368 -5056 on Monday through Friday from 9am to 5pm.
Department
630 368 5270
FAX 630 368 5295
Sincerely,
Oak Brook.
- .--z�w
Public Library
Linda M. Andrys
600 Oak Brook Road
Records Management Clerk
Oak Brook, IL 60523 -2200
630 368 7700
FAX 630 368 7704
/lma
Oak Brook Sports Core
Enclosure
Bath & Tennis Club
700 Oak Brook Road
cc: Dale L. Durfey, Jr., Village Engineer
Oak Brook, IL 60523 -4600
Robert L. Kallien, Jr., Director of Community Development
630 368 6420
Official Files
FAX 630 368 6439
Golf Club
/RECD0C /2008- RECLTR -0RD 2008-AN-EX I -S- 122 1 -INSITE OB LP -1603 16TH ST
2606 York Road
Oak Brook, IL 60523 -4602
630 368 6400
FAX 630 368 6419