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S-1392 - 01/28/2014 - ZONING-SPECIAL USE - Ordinancesvneo aucxaLz DUPAGE COUNTY RECORDER SEP.14,2018 9:52 AM 016 PAGES R2018-086747 7ve Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, IL 60523-2255 DOCUMENT TITLE PAGE Title of Document: Property Address/es 3824 York Road, Oak Brook, Illinois 60523 If vacant land, so state and list nearest cross streets) PIN No(s). 06-36-308-029 Name and Address of Name and Address of Responsible: Alan Rocca Party to Receive Copy of Recorded Document and Billing Alan Rocca G/L Account to be charged: Prepared By and Return to: 10-1365 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 2014-ZO-DP+CA-EX-S-1392 AN ORDINANCE APPROVING A CERTIFICATE OF APPROPRIATENESS FOR THE PROPERTY LOCATED AT 3824 YORK ROAD IN THE VILLAGE OF OAK BROOK, ILLINOIS (PIN: 06-36-308-029) WHEREAS, Chicago Title Land & Trust Company is the owner as trustee, for the sole benefit of Alan Rocca under trust number 10384 ("Owner'), of that certain property located at 3824 York Road, Oak Brook, Illinois and legally described in Exhibit A attached hereto and incorporated herein ("Property'); and WHEREAS, MB Financial Bank, N.A., is the lessee of the Property ("Lessee"); and WHEREAS, the Property is located in the Historic Graue Mill Gateway Area ("Historic Area"); and WHEREAS, Section 13-8-6 of the "Zoning Ordinance of the Village of Oak Brook," as amended ("Zoning Regulations"), prohibits the issuance of a building permit for the erection, construction, exterior alteration, or repair of any building or structure in the Historic Area except upon the issuance of a certificate of appropriateness by the President and Board of Trustees; and WHEREAS, on October 27, 1998, the President and Board of Trustees adopted Ordinance No. 98-SD-DP+CA-EX3-S-914 ("Ordinance S-914"), issuing a certificate of appropriateness for the Property ("Certificate of Appropriateness") subject to certain conditions and restrictions, including, among others, that all land modifications, landscaping, and construction on the Property must be completed in substantial conformity with that certain Site Plan prepared by RA Mifflin Associates Architects with a latest revision date of September 30, 1998 ("Site Plan"); and WHEREAS, Owner and Lessee (collectively, Owner and the Lessee are the "Petitioners") desire to replace an existing ground sign with a new monument sign and to display Lessee's corporate logo on an existing wall sign, all on the Property (collectively, the "Work'), which Work does not substantially conform with the Site Plan; and WHEREAS, the Petitioners have applied to the Village to amend the Certificate of Appropriateness to allow for the completion of the Work ("Amended Certificate of Appropriateness"); and WHEREAS, at its meetings on October 21, 2013 and December 16, 2013, the Plan Commission ("PC') conducted a public hearing on the request for the Amended Certificate of Appropriateness, pursuant to due and appropriate legal notice; and WHEREAS, after the close of the public hearing, the PC recommended, by a vote of 5-1. approval of the Petitioners' application, finding that the Petitioners satisfactorily addressed the standards required for approval of the Amended Certificate of Appropriateness and making specific findings, including, among others, that the Work was harmonious with the building design and satisfied the intent and purpose of the Historic Area; and WHEREAS, the President and Board of Trustees have reviewed the recommendation of the PC and have determined that issuing the Amended Certificate of Appropriateness, as set forth in this Ordinance, is in the best interests of the Village. Ordinance 2014-ZO-DP+CA-EX-S-1392 Rocca and MB Bank — 3824 York Road Certificate of Appropriateness — Amend S-914 -Signage PIN: 06-36-308-029 Page 2 of 9 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 Amended Certificate of Appropriateness. Pursuant to the standards set forth in Chapter 8 of the Village's Zoning Regulations, and subject to and contingent on the conditions set forth in Section 3 of this Ordinance, the Amended Certificate of Appropriateness is hereby granted to allow for the completion of the Work on the Property. Section 3. Conditions. The approval granted in Section 2 of this Ordinance is expressly subject to and contingent upon all of the following conditions: A. The Work, including the locations and appearance of the new monument sign and wall sign, shall be completed in substantial conformance with the site plan, sign plans, and location overview prepared by the Icon Companies, consisting of 3 sheets, with a latest revision date of January 21, 2014, attached hereto and incorporated herein as Group Exhibit B (collectively, the "Petitioners'Plans"); B. The monument sign that will replace the existing ground sign must satisfy the following conditions: 1. The monument sign may not exceed 8 feet in height or eleven feet, 8 inches in width; 2. The red MB Bank logo may not exceed 36 inches in height or 36 inches in width; 3. All lettering and numbering on the monument sign must be illuminated as set forth in the Petitioners' Plans; and 4. The location of the monument sign must be set back from the right of way in the same distance as the existing ground sign is currently set back from the right of way; C. Except as specifically provided in this Ordinance, all other conditions of Ordinance S-914 remain in full force and effect; D. The Petitioners shall comply with all Village requirements pertaining to applications for, and compliance with, all applicable Village permits, licenses, or other approvals, except as specifically varied or waived or modified by this Ordinance; E. Any permits issued by the Village to the Petitioners pursuant to the Amended Certificate of Appropriateness will be subject to and contingent on compliance by the Petitioners with all other applicable rules and ordinances of the Village of Oak Brook, except as specifically waived or modified by this Ordinance; and F. Petitioners shall comply with all requirements of law, including without limitation federal, state, and local laws, ordinances, resolutions, and regulations, relating to the Property. Section 4. Failure to Comply with Conditions. Upon failure or refusal of the Petitioners to comply with any or all of the conditions, restrictions, or provisions of this Ordinance, the Certificate of Appropriateness granted in Section 2 of this Ordinance may, at the sole discretion of the President and Board of Trustees, by ordinance duly adopted, be revoked and become null and void. Ordinance 2014-ZO-DP+CA-EX-S-1392 Rocca and MB Bank - 3824 York Road Certificate of Appropriateness - Amend S-914 -Signage PIN: 06-36-308-029 Page 3 of 9 Section 5: Binding Effect: Non -Transferability. The privileges, obligations, and provisions of each and every section and provision of this Ordinance are for, inure to the benefit of, and run with and bind the Property, unless otherwise explicitly set forth in this Ordinance. Section 6: 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 7. 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 Petitioners 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. 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 Petitioners do not file with the Village Clerk the unconditional agreement and consent required by Paragraph 7.A.(iii) of this Ordinance within 60 days after the date of final passage of this Ordinance, the Board of Trustees will have the right, in its sole discretion, to declare this Ordinance null and void and of no force or effect. [SIGNATURE PAGE FOLLOWS] Ordinance 2014-ZO-DP+CA-EX-S-1392 Rocca and MB Bank - 3824 York Road Certificate of Appropriateness - Amend S-914 Signage PIN: 06-36-308-029 Page 4 of 9 APPROVED THIS 28th day of January, 2014. - Gopal G. Lalmalani Village President PASSED THIS 28" day of January, 2014. Trustees Adler, Manzo, Moy, Yusuf None Absent: Trustees Bear Wolin I ATTEST: i%t.0 6{7 Charlotte K. Pruss Village Clerk Ordinance 2014-ZO-DP+CA-EX-S-1392 Rocca and MB Bank — 3824 York Road Certificate of Appropriateness — Amend S-914 -Signage PIN: 06-36-308-029 Page 5 of 9 EXHIBIT A LEGAL DESCRIPTION The subject property is located at 3824 York Road, in Oak Brook, Illinois and the legal description is as follows: Parcel 1: That part of tract B, in J. Lynch second plat of survey (document number 707775), a point of lot 1, Gmoser and Blume's plat of survey situated, in that part of the south half of section 36, township 39 north, range 11, east of the third principal meridian, bounded and described as fallows to wit: East of the third principal meridian thence east along the south line of section 36, a distance of 280.5 feet to a point in the center line of spring road as now platted and recorded; thence northwesterly still along said center line of spring road, a distance of 245.90 feet to the point of beginning ; thence still along said center line of spring road, a distance of 175.0 feet to a point, thence south 27 degrees, 59 minutes east, a distance of 60 feet to a point of beginning , except that portion lying in spring road, dedicated for highway purposes, all in DuPage County, Illinois. PIN: 06-36-308-029 Ordinance 2014-ZO-DP+CA-EX-S-1392 Rocca and MB Bank — 3824 York Road Certificate of Appropriateness — Amend S-914 -Signage PIN: 06-36-308-029 Page 6 of 9 GROUP EXHIBIT B PETITIONERS' PLANS ,, ., �.xa,e,'t- R., f - cm EW Fm .a,a m v N :9 O c 1U I � m m am I � o m ylI11 Ordinance 2014-ZO-DP+CA-EX-S-1392 Rocca and MB Bank - 3824 York Road Certificate of Appropriateness - Amend S-914 -Signage PIN: 06-36-308-029 Page 7 of 9 EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Oak Brook, Illinois ("Village"): WHEREAS, MB Financial Bank, N.A. ("Lessee"), and Chicago Title Land & Trust Company, as trustee for the sole benefit of Alan Rocca under trust number 10384 ("Owner") (collectively, Lessee and the Owner are the "Petitioners'), filed an application with the Village for the approval of an amended certificate of appropriateness ("Certificate of Appropriateness") to allow for the replacement of an existing ground sign with a new monument sign and the display of Lessee's corporate logo on an existing wall sign on the property located at 3824 York Road, Oak Brook, Illinois, and legally described in Exhibit A attached hereto and incorporated herein ("Property'l; and WHEREAS, Ordinance No. 2014-ZO-DP+CA-EX-S-1392 ("Ordinance"), adopted by the President and Board of Trustees of the Village of Oak Brook on January 28, 2014, grants approval of the Certificate of Appropriateness, subject to certain conditions, restrictions, and provisions; and WHEREAS, Section 7 of the Ordinance provides, among other things, that the Ordinance will be of no force or effect unless and until the Petitioners file this Unconditional Agreement and Consent with the Village Clerk and consent to accept and abide by each of the terms, conditions and limitations set forth in the Ordinance; NOW, THEREFORE, the Petitioners do hereby agree and covenant as follows: 1. The Petitioners hereby unconditionally agree to accept, consent to, and abide by all of the terms, conditions, restrictions, and provisions of the Ordinance. 2. The Petitioners 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 Petitioners have considered the possibility that the Certificate of Appropriateness granted by the Ordinance may be revoked if the Petitioner and Owner do not comply with the Ordinance; and (iii) the Petitioners agree not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural right. 3. The Petitioners 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 Property for the signs, and that the Village's issuance of any such permits does not, and will not, in any way, be deemed to insure the Petitioners against damage or injury of any kind and at any time. 4. The Petitioners 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 Property or the Village's adoption of the Ordinance. 5. The restrictions imposed by this Unconditional Agreement and Consent shall be restrictions running with the land and shall be binding upon and inure to the benefit of the Petitioners, their heirs, successors, assigns, agents, licensees, lessees, invitees, and representatives, including, without limitation, all subsequent owners of the Property, or any portion thereof, and all persons claiming under them to the extent provided in this Unconditional Agreement and Consent. If any of the privileges or rights created by this Unconditional Agreement and Consent would otherwise be unlawful or void for violation of (1) the rule against perpetuities or some analogous statutory provision, (2) the rule restricting Ordinance 2014-ZO-DP+CA-EX-S-1392 Rocca and MB Bank - 3824 York Road Certificate of Appropriateness -Amend S-914 -Signas ge PIN: 06-36-308-029 Page 8 of 9 restraints on alienation, or (3) any other statutory or common law rules imposing time limits, then the affected privilege or right shall contcmue only until 21 years after the death of the last survivor of the now living lawful descendants of the current President of the United States, or for any shorter period that may be required to sustain the validity of the affected privilege or right. 6. This Unconditional Agreement and Consent may not be amended, modified, released or annulled except upon the express, priorwrittenapproval of the Village of Oak Brook. IN WITNESS WHEREOF, il"�S�mAa°.c Aocli i 4.,/ executed this Unconditional Agreement and Consent on behalf of MB Financial Bank, NA on this /ten/ day of _ ,f/Q,P c 2014. MB Finatial Bank, N.A. By: Its: State of Illinois County of DuPage I, C a Notary Public in and for the County and State aforesaid do hereby certify that Ao:.P 97e1E personally known to me, and that he/she appeared before me this /OrHday of 2014, and acknowledged that he/she personally executed this instrument. Seal MARY C. MANAHFUU NOTARY PUBLIC STA7e OF ILLINOIS M Commission Ex fres 11127/2018 IN WITNESS WHEREOF. A&,aw / o(2 and Consent by Alan Rocca Trust 10384, owner on State of Illinois County of DuPage Notary PubII2:-) executed this Unconditional Agreement A day ofEgQ�glc�� , 2014. A4A^)'Roce-A 8�uEFZ,a+�o� Chicago Title Land & Trust Company, under trust number 10384 P-rwE FjuA j m>= Y�2(JST I, (CDA -i 1 #0 e- A-V eX, a Notary Public in and for the County and State aforesaid do hereby certify that f2occq personally known to me, and that he/she appeared before me this a2L ll. day of14, and acknowledged that he/she personally executed this instrument. OFFICIAL SEAL GAIL POLANEK Notary Public - State of Illinois My Commission Expires Jul 12, 2014 Notary Public Property: Ordinance 2014-ZO-DP+CA-EX-S-1392 Rocca and MB Bank - 3824 York Road certificate of Appropriateness - Amend S-914 Signage PIN: 06-36-308-029 Page 9 of 9 EXHIBIT 1 TO UNCONDITIONAL AGREEMENT AND CONSENT LEGAL DESCRIPTION The subject property is located at 3824 York Road, in Oak Brook, Illinois and the legal description is as follows: Parcel 1: That part of tract B, in J. Lynch second plat of survey (document number 707775), a point of lot 1, Gmoser and Bluma's plat of survey situated, in that part of the south half of section 36, township 39 north, range 11, east of the third principal meridian, bounded and described as (allows to wit: East of the third principal meridian thence east along the south line of section 36, a distance of 280.5 feet to a point in the center line of spring road as now platted and recorded; thence northwesterly still along said center line of spring road, a distance of 245.90 feet to the point of beginning ; thence still along said center line of spring road, a distance of 175.0 feet to a point, thence south 27 degrees, 59 minutes east, a distance of 60 feet to a point of beginning , except that portion lying in spring road, dedicated for highway purposes, all in DuPage County, Illinois. PIN: 06-36-308-029