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S-1382 - 10/08/2013 - SPECIAL USE - OrdinancesDOCUMENT #: R2019 -092613 RECORDED: 10/11/19 11:01 AM (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, IL 60523-2255 RECORDED DOCUMENT TITLE PAGE Title of Document: ORDINANCE 2013-ZO-SU-EX-S-1382 AN ORDINANCE GRANTING A SPECIAL USE FOR AN OUTDOOR DINING AREA ADJACENT TO A RESTAURANT FOR THE PROPERTY LOCATED AT 8 OAKBROOK CENTER IN THE VILLAGE OF OAK BROOK ILLINOIS 60523 Property Address 5 OAKBROOK CENTER IN THE VILLAGE OF OAK BROOK ILLINOIS 60523 If vacant land, so state and list nearest cross streets) PIN No(s). 06-23-300-037 Name and Address of Applicant: Name and Address of Responsible: Party to Receive Copy of Recorded Document and Billing Bottleneck Management, Inc 900 Jorie Boulevard Suite 150 Oak Brook, IL 60523 Development Services G/L Account 911-77000 Prepared By and Return to: Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523-2255 G/L Account to be charged: 911-77000 Name & Address of Recipient N/A of Consideration (when applicable): G/L Account to be charged: FRED BUCHOLZ DUPAGE COUNTY RECORDER 421 NORTH COUNTY FARM ROAD WHEATON, ILLINOIS 60187 (630)407-5400 111111111111111111111111111111IRp FRED Epi IC.:I- OLS , RECORDER '3I iPP,GE i -O tt i'•:' ILLINOIS RECORDING COVER PAGE - I r "'IN11 1111111 Jill - Mail To: (VILLAGE OF OAK BROOK 1200 OAK BROOK RD OAK BROOK, IL 60523-2255 *Please note — This cover page has been attached to the document for recording purpose. It is a permanent part of the document and has been included in the page count. ORDINANCE 2013-ZO-SU-EX-S-1382 AN ORDINANCE GRANTING A SPECIAL USE FOR AN OUTDOOR DINING AREA ADJACENT TO A RESTAURANT FOR THE PROPERTY LOCATED AT 8 OAKBROOK CENTER IN THE VILLAGE OF OAK BROOK, ILLINOIS (PIN: 06-23-300-037) WHEREAS, an application has been filed by Bottleneck Oakbrook, LLC d/b/a Old Town Pour House ("Petitioner"), the tenant of the property at 8 Oakbrook Center, Oak Brook, Illinois ("Property"), as legally described in Exhibit A attached hereto and incorporated herein, and Oak Brook Shopping Center, LLC, owned and managed by General Growth Properties, owner of the Property ("Owner"), requesting a special use permit ("Special Use Permit") to allow an outdoor dining area on the Property ("Outdoor Dining Area'; and WHEREAS, the Property is located in the B-2 Business District ("B2 District'), and pursuant to Section 13-713-2 of "The Village Code of the Village of Oak Brook", as amended ("Zoning Ordinance"), outdoor dining areas adjacent to restaurants may not be constructed in the B2 District except upon issuance by the Village Board of Trustees of a Special Use Permit; and WHEREAS, at its meeting on August 19, 2013, the Plan Commission ("PC') reviewed the request for the Special Use Permit and found that the Petitioner has addressed and satisfied the requirements for the requested relief, and recommended that the President and Board of Trustees approve the Special Use Permit; and WHEREAS, on September 3, 2013, the Oak Brook Zoning Board of Appeals ("ZBA") conducted a public hearing on the request for the Special Use Permit, 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 Special Use Permit and made specific findings, including that the Special Use Permit would be operated so that the public health, safety and welfare of the Village and its residents will be protected, and that there will be no substantial injury to other property in the area around the Property; and WHEREAS, the President and Board of Trustees have reviewed the recommendations of the PC and the ZBA and deem the Special Use Permit, 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 Special Use Permit. Pursuant to the standards set forth in Section 13- 14-9E of the Village's Zoning Regulations, and subject to and contingent on the conditions set forth in Section 3 of this Ordinance, the Special Use Permit is hereby granted to allow an Outdoor Dining Area adjacent to a restaurant at 8 Oakbrook Center in Oak Brook, Illinois. Section 3. Outdoor Dining Area Conditions. The approval, granted in Section 2 of this Ordinance is expressly subject to and contingent upon each of the following conditions: Ordinance 2013-ZO-SU-EX-S-1382 Old Town Pour House — 8 Oakbrook Center Special Use — Outdoor Dining Area PIN: 06-23-300-037 Page 2 of 12 A. The development of the Outdoor Dining Area shall be in substantial conformance with the plans attached hereto and incorporated herein as Exhibit B; B. The Petitioner will be responsible for maintaining and cleaning the Outdoor Dining Area, and shall comply with all applicable requirements of the DuPage County Health Department; C. The Outdoor Dining Area will be operated in accordance with the following rules of operation: I. A maximum seating capacity for 72 patrons may be provided in the Outdoor Dining Area; and 2. No live music, dancing or other outdoor entertainment will be permitted in the Outdoor Dining Area. The restriction in this Section 3.C.2 shall not apply to background music or the use of televisions in the Outdoor Dining Area provided that the use of any such background music and televisions complies with the sound regulations adopted by the Village; E. Compliance with all other applicable rules and ordinances of the Village of Oak Brook; F. The Petitioner shall meet all Village Ordinance requirements at the time of Petitioner's building permit application except as specifically varied or waived by this Ordinance; and G. Petitioner 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 Petitioner to comply with any or all of the conditions, restrictions, or provisions of this Ordinance, the Special Use Permit granted in Section 2 of this Ordinance will, at the sole discretion of the President and Board of Trustees, by ordinance duly adopted, be revoked and become null and void. Section 5: 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 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 Petitioner 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. Ordinance 2013-ZO-SU-EX-S-1382 Old Town Pour House — 8 Oakbrook Center Special Use — Outdoor Dining Area PIN: 06-23-300-037 Page 3 of 12 B. In the event that the Petitioner does 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. APPROVED THIS 8" day of October, 2013. Gopal G. Lalmalani Village President PASSED THIS 8th day of October, 2013. Ayes: Trustees Adler, Baar, Manzo, Moy, Wolin, Yusuf Nays: Non P Absent: None vyi LDdh,,4L �.A, 4-/f� ATTEST: Charlotte K. Pruss Village Clerk Ordinance 2013-ZO-SU-EX-S-1382 Old Town Pour House — 8 Oakbrook Center Special Use — Outdoor Dining Area PIN: 06-23-300-037 Page 4 of 12 EXHIBIT A LEGAL DESCRIPTION Lot 11 Jay C Bennet Senior County Clerk Oak Brook Terrace Assessment Plat, Also known as: Long form of the legal description: Real property in the Village of Oak Brook, County of DuPage, State of Illinois, described as follows: Parcel 1: The following lots and portions of lots in Oakbrook Terrace, a subdivision of part of Section 23, Township 39 North, Range 11 East of the Third Principal Meridian, according to the plat thereof recorded October 24, 1960 as Document Number 984765: Lot 2: That part of Lot 2 described as follows: Beginning at that corner in the Northerly boundary of said Lot3 which is also the most Southerly corner of Lot 2 in Oakbrook Terrace and running thence Northeastwardly along the Northwesterly boundary of said Lot 3, which is also the most Southeasterly boundary of said Lot 2, a distance of 195 feet; thence Southeastwardly along a line perpendicular to the last described course, a distance of 20 feet; thence Southwestwardly along a line parallel with said Northwesterly boundary of Lot 3, a distance of 195 feet; and thence Northwestwardly along a line perpendicular to the last described course, a distance of 20 feet to the point of beginning; and That part of Lot 3 described as follow: Beginning at the Southeast corner of said Lot 3, thence South 89 degrees, 19 minutes, 24 seconds West 38.79 feet on the South line of said Lot 3; thence North 00 degrees, 42 minutes, 33 seconds West 305.58 feet to a point in the East line of said Lot 3; thence South 27 degreed, 56 minutes, 59 seconds East 85.03 feet along said East line; thence South 00 degrees, 40 minutes, 36 seconds East 230 feet along said East line to the point of beginning; That part of Lot 3 described as follows: Commencing a the Southeast corner of said Lot3; thence North 00 degrees, 40 minutes, 36 seconds West 230 feet along the Easterly line of said Lot 3; thence North 27 degrees, 56 minutes, 59 seconds West 174.67 feet along the Easterly line of said Lot 3 to a point of beginning; thence North 38 degrees, 24 minutes, 23 seconds West 341.23 feet to the Southeasterly line of Lot 2 in Oakbrook Terrace, said line being also the Northwesterly line of the most Southerly portion of Lot 3; thence the following courses along the boundary lines of said Lot 3; North 51 degrees, 35 minutes, 37 seconds East 257.16 feet; thence 38 degrees, 24 minutes, 23 seconds West 65.79 feet; thence North 51 degrees, 35 minutes, 37 seconds East 556.91 feet; the South 1 degree, 05 minutes, 37 seconds West 527.49 feet; thence South 51 degrees, 35 minutes, 37 seconds West 478.55 feet to the point of beginning; Lot 4 Except that part thereof described as follows: Commencing at the Southwest corner of said Lot 4; thence North 1 degree, 05 minutes, 37 seconds East along the West line of said Lot 4, 615 feet to the Northwest corner of said Lot 4; thence. South 88 degrees, 54 minutes, 23 second East along the North line of said Lot 4; 423.32 feet; thence South 1 degrees, 05 minutes, 37 second West 613.27 feet to a Southerly line of said Lot 4; thence North 38 degrees, 24 minutes, 23 seconds West along said Southerly line, 21.10 feet to an angle point in said Southerly line; thence North 88 degrees, 54 minutes, 23 seconds West, along said southerly line of said Lot 4, 409.90 feet to the point of beginning; Ordinance 2013-ZO-SU-EX-S-1382 Old Town Pour House — 8 Oakbrook Center Special Use — Outdoor Dining Area PIN: 06-23-300-037 Page 5 of 12 And excepting that part of Lot 4 conveyed by deed recorded December 5, 1990 as Document R90- 164723, described as follows: Beginning at the Northern most corner of said Lot 4; thence Southeasterly along the Northeasterly line of Lot 4, a distance of 164.67 feet; thence Southwesterly along the Southeasterly line of Lot 4, a distance of 34.05 feet; thence Northwesterly along a line which is parallel with the Northeasterly line of Lot 4, a distance of 115.06 feet; thence Westerly along a line which forms an angle of 140 degrees 30 minutes with said last described line, a distance of 77.99 feet to a corner of Lot 4; thence Northeasterly along the North line of Lot 4, a distance of 94.23 feet to the place of beginning; Lot 5 (except the North 25 feet of said Lot): That part of Lot 6 in Oakbrook Terrace, a subdivision of part of Section 23, Township 39 North, Range 11 East of the Third Principal Meridian, according to the plat thereof recorded October 24, 1960 as Document 984765, described as follows: Beginning at the Easternmost corner of said Lot 6; thence Southwesterly along the Southeasterly line of Lot 6, a distance of 171.83 feet; thence Northwesterly at right to said Southeasterly line 24.98 feet; thence Northeasterly, along a line which is parallel with said Southeasterly line, 120.41 feet, thence Northwesterly at right angles to said Southeasterly line 54.50 feet; thence Northeasterly, along a line which is parallel with said Southeasterly line, 51.42 feet; thence Southeasterly along the Northeasterly line of Lot 6, a distance of 79.48 feet to the place of beginning, in DuPage County, Illinois; That part of Lot 9 lying southerly of the Southerly line of the 80 foot strip described as the easement property in the instrument recorded September 28, 1962 as Document Number R62-34593 (except that part of said Lot 9 falling in Spring Road and 22nd Street as described in Documents R61-21444 and R61- 30843). Excepting therefrom: The building and such structures, other improvements and fixtures located in or on said building or otherwise attached thereto or installed thereon the following described parcel: That part of Lots 3 and 9 in Oakbrook Terrace, a subdivision of part of Section 23, Township 39 North, range 11 East of the Third Principal Meridian, described as follows: Commencing at the Southeast corner of Said Lot 3; thence the following three courses along the Easterly line of Lot 3 aforesaid (1) North 00 degrees 40 minutes 36 seconds West 230.00 feet; (2) thence North 27 degrees 56 minutes 59 Seconds West 174.67 feet (3) thence North 51 degrees 35 minutes 37 seconds East 176.92 feet to a place of beginning; thence North 38 degrees 24 minutes 23 seconds West 132.50 feet; thence North 51 degrees 35 minutes 37 seconds east 110.00 feet; thence North 38 degrees 24 minutes 23 seconds West 5.00 feet; thence North 51 degrees 35 minutes 37 seconds East 25.44 feet; thence South 38 degrees 24 minutes 23 seconds East 5.00 feet; thence North 51 degrees 35 minutes 37 seconds East 110.00 feet; thence South 38 degrees 24 minutes 23 seconds East 202.80 feet; thence South 51 degrees 35 minutes 37 seconds West 98.44 feet; .thence South 38 degrees 24 minutes 23 seconds East 2.50 feet; thence South 51 degrees 35 minutes 37 seconds West 20.00 feet; thence North 38 degrees 24, minutes 23 seconds West 2.50 feet; thence South 51 degrees 35 minutes 37 seconds West 127.00 feet; thence North 38 degrees 24 minutes 23 seconds West 70.30 feet to the place of beginning. A Also excepting from Parcel 1: Lots 1, 2 and 3 Oakbrook Center East, a Subdivision of part of the Southwest 1/4 of Section 23, Town 39 North, Range 11 East of the Third Principal Meridian, according to the Plat thereof recorded June 29, 2012 as Document No. R2012-083434. Ordinance 2013-ZO-SU-EX-S-1382 Old Town Pour House — 8 Oakbrook Center Special Use — Outdoor Dining Area PIN: 06-23-300-037 Page 6 of 12 Parcel 2: That part of Lot 4 in Oakbrook Terrance, a Subdivision of part of the Section 23, Township 39 North, Range 11, East of the Third Principal Meridian according to the Plat thereof recorded October 24, 1960 as Document 984765, described as follows: Commencing at the Southwest corner of said Lot 4, thence North 1 degree 05 minutes 37 seconds East, along the West line of said Lot 4, a distance of 40.00 feet of the beginning; thence continuing North 1 degree 05 minutes 37 seconds East, along said West line, 575.00 feet to the Northwest corner of said Lot 4; thence South 88 degrees, 54 minutes 23 seconds East, along the North line of said Lot 4; a distance of 423.32 feet; thence South 1 degree 05 minutes 37 seconds West 145.00 feet; thence North 88 degrees 54 minutes, 23 seconds West 303.32 feet; thence South 1 degree 05 minutes 37 seconds West 354.70 feet; thence South 88 degrees, 54 minutes, 23 seconds East 70.00 feet; thence South 1 degree 05 minutes 37 seconds West 75.30 feet; thence North 88 degrees, 54 minutes, 23 seconds West 190.00 feet to the point of beginning, in DuPage County, Illinois. PIN: 06-23-300-037 A Portion of the Property is known as 8 Oakbrook Center in Oak Brook, Illinois Ordinance 2013-ZO-SU-EX-S-1382 Old Town Pour House — 8 Oakbrook Center Special Use — Outdoor Dining Area PIN: 06-23-300-037 Page 7 of 12 EXHIBIT B SITE PLAN JC' - _, � • ' ' LPIERRYS STEAKHOUSE t' OUTDOOR NEI 041 DINING AREA REVOLVING 28'-8 1/2" I C D C D Cl, D D [3 0 D D D C C C D D Cl D D, D Cl D D D 0 D c1l D 0 D O0�❑❑DDD BACK BAR BEER COOLER n7l EXTERIOR SEATING PLAN v d"—/ SCALE: i� ACCESSIBLE 3°-4° 3 -6A ALUMINUM PLANTERS j \IENTRANCE TYR ei 01,P. NORTH EDGE OF LIGHT POST P. TRANCE PATIO. VESTIBULE PY6LIMCUSTOMER PAn CORE MOUNTED ACCESS. D D ClF D� ALUMINUM FENCE DENOTES DI D D D O WITH PLANTER. SEATING R ( DINING: 1 i o El ❑❑ Cl Da Cli D��,� NON -FIXED W HIG�I NON -FIXED 42' HIGH �--� TABLES WITH TABLES WITH O NON-FDXED CHAIRS NON -FIXED CHAIRS ALUMINUM PLANTERS ❑ ❑ ❑ - - - ALONG WALL ® WITH CONCEALED 0 o a D Cl D Cl D BOLLARDS ALONG EAST EDGE OF OF AnO. -_-_� Cl D Cl D Cl D V El El❑ ❑❑❑ OPERABLE WINDOW WALL ❑ El El ❑❑❑ SERVICE a 4k is • • ■ �_�/� __a'► . ���' �- �� ...1I - �/�, � � �a��� •moi► . $g � 0 e _ � - jj ..-�.��p�Y�•�.. SII yii,R'6iWA al '713. 1 I EXISnNG 4' TO 6' CONCRETE CURB TO REMAIN 26'-8" EXISTING TREE v�v Ordinance 2013-ZO-SU-EX-S-1382 Old Town Pour House — 8 Oakbrook Center Special Use — Outdoor Dining Area PIN: 06-23-300-037 Page 8 of 12 EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Oak Brook, Illinois ("Village"): WHEREAS, an application has been filed by Bottleneck Oakbrook, LLC d/b/a Old Town Pour House ("Petitioner"), the tenant of the property at 8 Oakbrook Center, Oak Brook, Illinois ("Property's, as legally described in Exhibit A attached hereto and incorporated herein, and Oak Brook Shopping Center, LLC, owned and managed by General Growth Properties, owner of the Property ("Owner"), requesting a special use permit ("Special Use Permit") to allow an outdoor dining area on the Property ("Outdoor Dining Area"); and WHEREAS, Ordinance No. 2013-ZO-SU-EX-S-1382 adopted by the President and Board of Trustees of the Village of Oak Brook on October 8, 2013, ("Ordinance") grants approval of the Special Use Permit, subject to certain 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 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 does hereby agree and covenant as follows: 1. The Petitioner hereby unconditionally agrees to accept, consent to, and abide by all of the terms, conditions, restrictions, and provisions of the Ordinance. 2. The Petitioner acknowledges and agrees that: (i) public notices and hearings have been properly given and held with respect to the adoption of the Ordinance; (ii) the Petitioner has considered the possibility that the Special Use Permit granted by the Ordinance may be revoked if the Petitioner does not comply with the Ordinance; and (iii) the Petitioner agrees not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural right. 3. The Petitioner acknowledges and agrees 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 an Outdoor Dining Area, and that the Village's issuance of any such permits does not, and will not, in any way, be deemed to insure the Petitioner against damage or injury of any kind and at any time. 4. The Petitioner agrees to and does 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 Petitioner and its 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 restraints on alienation, or (3) any other statutory or common law rules imposing time limits, then the affected privilege or right shall continue only until 21 years after the death of the last survivor of the now Ordinance 2013-ZO-SU-EX-S-1382 Old Town Pour House — 8 Oakbrook Center Special Use — Outdoor Dining Area PIN: 06-23-300-037 Page 9 of 12 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, prior written approval of the Village of Oak Brook, IN WITNESS WHEREOF, *IWIY �tt��r--' executed this Unconditional Agreement and Consent on behalf of Bottleneck Oakbrook, LLC d/b/a Old Town Pour House on this _ S/ day of ®G'To&A-le, 2013. Bottleneck Oakbrook, LLC d/b/a Old Town Pour House By: Its: A01`, ��YZ State of Illinois County of DuPage I, SS a Notary Public in and for the County and State aforesaid do hereby certify that M146 4 -f personally known to me, and that he/she appeared before me this 3/. day of 2013, and acknowledged that he/she personally executed this instrument. ------------------- OMCIALSEAL MIGELAMIN Seal NOMY PUBM STATE OF LLMM MY COMMIS"A1 emu 12jt1201oil IN WITNESS WHEREOF, executed this Unconditional Agreement and Consent by Oak Brook Shopping Center, LLC, owned and managed by General Growth Properties, ownership entity on this day of , 2013. Oak Brook Shopping Center, LLC, owned and 71:;-t4managed by General Growth Properties c� ��'� ownership entity State of Illinois County of DuPage I, do hereby certify that appeared before me this personally executed this instrument. By: Its: a Notary Public in and for the County and State aforesaid personally known to me, and that he/she day of , 2013, and acknowledged that he/she Notary Public Property: Ordinance 2013-ZO-SU-EX-S-1382 Old Town Pour House — 8 Oakbrook Center Special Use — Outdoor Dining Area PIN: 06-23-300-037 Page 10 of 12 EXHIBIT 1 TO UNCONDITIONAL AGREEMENT AND CONSENT LEGAL DESCRIPTION Lot 11 Jay C Bennet Senior County Clerk Oak Brook Terrace Assessment Plat Also known as: Long form of the legal description: Real property in the Village of Oak Brook, County of DuPage, State of Illinois, described as follows: Parcel 1: The following lots and portions of lots in Oakbrook Terrace, a subdivision of part of Section 23, Township 39 North, Range 11 East of the Third Principal Meridian, according to the plat thereof recorded October 24, 1960 as Document Number 984765: Lot 2: That part of Lot 2 described as follows: Beginning at that corner in the Northerly boundary of said Lot3 which is also the most Southerly corner of Lot 2 in Oakbrook Terrace and running thence Northeastwardly along the Northwesterly boundary of said Lot 3, which is also the most Southeasterly boundary of said Lot 2, a distance of 195 feet; thence Southeastwardly along a line perpendicular to the last described course, a distance of 20 feet; thence Southwestwardly along a line parallel with said Northwesterly boundary of Lot 3, a distance of 195 feet; and thence Northwestwardly along a line perpendicular to the last described course, a distance of 20 feet to the point of beginning; and That part of Lot 3 described as follow: Beginning at the Southeast corner of said Lot 3, thence South 89 degrees, 19 minutes, 24 seconds West 38.79 feet on the South line of said Lot 3; thence North 00 degrees, 42 minutes, 33 seconds West 305.58 feet to a point in the East line of said Lot 3; thence South 27 degreed, 56 minutes, 59 seconds East 85.03 feet along said East line; thence South 00 degrees, 40 minutes, 36 seconds East 230 feet along said East line to the point of beginning; That part of Lot 3 described as follows: Commencing a the Southeast corner of said Lot3; thence North 00 degrees, 40 minutes, 36 seconds West 230 feet along the Easterly line of said Lot 3; thence North 27 degrees, 56 minutes, 59 seconds West 174.67 feet along the Easterly line of said Lot 3 to a point of beginning; thence North 38 degrees, 24 minutes, 23 seconds West 341.23 feet to the Southeasterly line of Lot 2 in Oakbrook Terrace, said line being also the Northwesterly line of the most Southerly portion of Lot 3; thence the following courses along the boundary lines of said Lot 3; North 51 degrees, 35 minutes, 37 seconds East 257.16 feet; thence 38 degrees, 24 minutes, 23 seconds West 65.79 feet; thence North 51 degrees, 35 minutes, 37 seconds East 556.91 feet; thence South 1 degree, '05 minutes, 37 seconds West 527.49 feet; thence South 51 degrees, 35 minutes, 37 seconds West 478.55 feet to the point of beginning; Lot 4 Except that part thereof described as follows: Commencing at the Southwest corner of said Lot 4; thence North 1 degree, 05 minutes, 37 seconds East along the West line of said Lot 4, 615 feet to the Northwest corner of said Lot 4; thence South 88 degrees, 54 minutes, 23 second East along the North line of said Lot 4; 423.32 feet; thence South 1 degrees, 05 minutes, 37 second West 613.27 feet to a Southerly line of said Lot 4; thence North 38 Ordinance 2013-ZO-SU-EX-S-1382 Old Town Pour House — 8 Oakbrook Center Special Use — Outdoor Dining Area PIN: 06-23-300-037 Page 11 of 12 degrees, 24 minutes, 23 seconds West along said Southerly line, 21.10 feet to an angle point in said Southerly line; thence North 88 degrees, 54 minutes, 23 seconds West, along said southerly line of said Lot 4, 409.90 feet to the point of beginning; And excepting that part of Lot 4 conveyed by deed recorded December 5, 1990 as Document R90- 164723, described as follows: Beginning at the Northern most corner of said Lot 4; thence Southeasterly along the Northeasterly line of Lot 4, a distance of 164.67 feet; thence Southwesterly along the Southeasterly line of Lot 4, a distance of 34.05 feet; thence Northwesterly along a line which is parallel with the Northeasterly line of Lot 4, a distance of 115.06 feet; thence Westerly along a line which forms an angle of 140 degrees 30 minutes with said last described line, a distance of 77.99 feet to a corner of Lot 4; thence Northeasterly along the North line of Lot 4, a distance of 94.23 feet to the place of beginning; Lot 5 (except the North 25 feet of said Lot): That part of Lot 6 in Oakbrook Terrace, a subdivision of part of Section 23, Township 39 North, Range 11 East of the Third Principal Meridian, according to the plat thereof recorded October 24, 1960 as Document 984765, described as follows: Beginning at the Easternmost corner of said Lot 6; thence Southwesterly along the Southeasterly line of Lot 6, a distance of 171.83 feet; thence Northwesterly at right to said Southeasterly line 24.98 feet; thence Northeasterly, along a line which is parallel with said Southeasterly line, 120.41 feet, thence Northwesterly at right angles to said Southeasterly line 54.50 feet; thence Northeasterly, along a line which is parallel with said Southeasterly line, 51.42 feet; thence Southeasterly along the Northeasterly line of Lot 6, a distance of 79.48 feet to the place of beginning, in DuPage County, Illinois; That part of Lot 9 lying southerly of the Southerly line of the 80 foot strip described as the easement property in the instrument recorded September 28, 1962 as Document Number R62-34593 (except that part of said Lot 9 falling in Spring Road and 22nd Street as described in Documents R61-21444 and R61- 30843). Excepting therefrom: The building and such structures, other improvements and fixtures located in or on said building or otherwise attached thereto or installed thereon the following described parcel: That part of Lots 3 and 9 in Oakbrook Terrace, a subdivision of part of Section 23, Township 39 North, range 11 East of the Third Principal Meridian, described as follows: Commencing at the Southeast corner of Said Lot 3; thence the following three courses along the Easterly line of Lot 3 aforesaid (1) North 00 degrees 40 minutes 36 seconds West 230.00 feet; (2) thence North 27 degrees 56 minutes 59 _Seconds West 174.67 feet (3) thence North 51 degrees 35 minutes 37 seconds East 176.92 feet to a place of beginning; thence North 38 degrees 24 minutes 23 seconds West 132.50 feet; thence North 51 degrees 35 minutes 37 seconds east 110.00 feet; thence North 38 degrees 24 minutes 23 seconds West 5.00 feet; thence North 51 degrees 35 minutes 37 seconds East 25.44 feet; thence South 38 degrees 24 minutes 23 seconds East 5.00 feet; thence North 51 degrees 35 minutes 37 seconds East 1,10.00 feet; thence South 38 degrees 24 minutes 23 seconds East 202.80 feet; thence South 51 degrees 35 minutes 37 seconds West 98:44 feet; thence South 38 degrees 24 minutes 23 seconds East 2.50 feet; thence South 51 degrees 35 minutes .37. seconds West 20.00 feet; thence North 38 degrees 24 minutes 23 seconds West 2.50 feet; thence South 51 degrees 35 minutes 37 seconds West 127.00 feet; thence North 38 degrees 24 minutes 23 seconds West 70.30 feet to the place of beginning. Also excepting from Parcel 1: Ordinance 2013-ZO-SU-EX-S-1382 Old Town Pour House — 8 Oakbrook Center Special Use — Outdoor Dining Area PIN: 06-23-300-037 Page 12 of 12 Lots 1, 2 and 3 Oakbrook Center East, a Subdivision of part of the Southwest 1/4 of Section 23, Town 39 North, Range 11 East of the Third Principal Meridian, according to the Plat thereof recorded June 29, 2012 as Document No. R2012-083434. Parcel 2: That part of Lot 4 in Oakbrook Terrance, a Subdivision of part of the Section 23, Township 39 North, Range 11, East of the Third Principal Meridian according to the Plat thereof recorded October 24, 1960 as Document 984765, described as follows: Commencing at the Southwest corner of said Lot 4, thence North 1 degree 05 minutes 37 seconds East, along the West line of said Lot 4, a distance of 40.00 feet of the beginning; thence continuing North 1 degree 05 minutes 37 seconds East, along said West line, 575.00 feet to the Northwest corner of said Lot 4; thence South 88 degrees, 54 minutes 23 seconds East, along the North line of said Lot 4; a distance of 423.32 feet; thence South 1 degree 05 minutes 37 seconds West 145.00 feet; thence North 88 degrees 54 minutes, 23 seconds West 303.32 feet; thence South 1 degree 05 minutes 37 seconds West 354.70 feet; thence South 88 degrees, 54 minutes, 23 seconds East 70.00 feet; thence South 1 degree 05 minutes 37 seconds West 75.30 feet; thence North 88 degrees, 54 minutes, 23 seconds West 190.00 feet to the point of beginning, in DuPage County, Illinois. PIN: 06-23-300-037 A Portion of the Property is known as 8 Oakbrook Center in Oak Brook, Illinois