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R-1930 - 02/09/2021 - ASSESSMENT PLAT - Resolutions (2)THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS RESOLUTION 2021-SR-AP-R-1930 A RESOLUTION APPROVING AN ASSESSMENT PLAT FOR THE PROPERTY COMMONLY REFERRED TO AS NORTHWEST CORNER OF 22ND STREET & SPRING ROAD 1300 22ND STREET, OAK BROOK, ILLINOIS GOPAL G. LALMALANI, Village President CHARLOTTE K. PRUSS, Village Clerk JOHN BAAR PHILIP CUEVAS MICHAEL MANZO MOIN SAIYED EDWARD TIESENGA ASIF YUSUF Village Board Published in pamphlet form by authority of the President and the Board of Trustees of the Village of Oak Brook on this the 9th day of February, 2021 Resolution 2021-SR-AP-R-1930 Restoration Hardware - Assessment Plat 1300 22nd Street – PIN(s) 06-23-300-051 and 06-23-300-037 Page 2 of 6 RESOLUTION 2021-SR-AP-R-1930 APPROVING AN ASSESSMENT PLAT FOR THE PROPERTY COMMONLY REFERRED TO AS NORTHWEST CORNER OF 22ND STREET & SPRING ROAD 1300 22ND STREET, OAK BROOK, ILLINOIS CURRENT PIN(s) 06-23-300-051 and 06-23-300-037 WHEREAS, the Village of Oak Brook is a municipal corporation with authority provided for and granted pursuant to the Illinois Municipal Code to exercise certain powers and perform certain functions pertaining to its local government and affairs; WHEREAS, the Village has in full force and effect a codified set of ordinances which are of a general and permanent nature, which said codified set is known and designated as the Village Code of the Village of Oak Brook, as amended, and includes, without limitation, Title 13 of said Oak Brook Code of Ordinances (the “Zoning Ordinance”); WHEREAS, Oakbrook Shopping Center LLC (“Petitioner”) is the owner of certain property located within the corporate limits of the Village of Oak Brook, and Petitioner has submitted an application requesting approval of an assessment plat for an 11.8442 acre portion of such property pursuant to Village of Oak Brook Code of Ordinances Title 14 Chapter 1 Section 14-1-4, such plat being prepared by V3 Companies. Ltd., last revised January 12, 2021, consisting of one (1) page, and attached hereto and made a part hereof as Exhibit A (the “Assessment Plat”); WHEREAS, as depicted on the Assessment Plat, the subject 11.8442 acre portion of Petitoner’s property (the “Subject Property”) is generally located at the Northwest Corner of 22nd Street & Spring Road, Oak Brook, Illinois; and specifically contains real estate currently assigned by DuPage County the real property identification numbers of 06-23-300-051 and 06-23-300-037; WHEREAS, as also depicted on the Assessment Plat, the Subject Property will be reconfigured into two different tax parcels, exclusively for real estate taxation purposes, with one of the new tax parcels containing 10.8082 acres of area and the other new tax parcel containing 1.0360 acres; WHEREAS, the execution, approval and recording of the Assessment Plat shall have no bearing on the applicability, enforceability, meaning or interpretation of the Zoning Ordinance or any provision thereof, including, without limitation, any one or more Zoning Ordinance provisions related to minimum lot area, minimum parking, minimum loading, signage, minimum setbacks, maximum building height, maximum density, or maximum floor area ratio; further, for the avoidance of doubt, and without limiting the generality of the foregoing, the approval, execution, and recording of the Assessment Plat shall neither create nor modify any one or more “Lots” or “Lots of Record” as defined in Section 13-2-2 of the Zoning Ordinance; WHEREAS, the corporate authorities of the Village of Oak Brook find that the approval, execution and recording of the Assessment Plat has and will have no detrimental impact on the health, welfare or safety of the public in general and finds that the Petitioner has complied with applicable requirements as set forth in the Village of Oak Brook Code of Ordinances. Resolution 2021-SR-AP-R-1930 Restoration Hardware - Assessment Plat 1300 22nd Street – PIN(s) 06-23-300-051 and 06-23-300-037 Page 3 of 6 NOW, THEREFORE, BE IT RESOLVED by the Village President and Board of Trustees of the Village of Oak Brook, DuPage and Cook Counties, Illinois as follows: Section One – Recitals The Corporate Authorities hereby find that all of the recitals hereinbefore stated as contained in the preamble to this resolution are full, true and correct and do hereby, by reference, incorporate and make them part of this resolution as legislative findings. Section Two – Approval, Execution and Recording of Assessment Plat The Assessment Plat is hereby approved; the corporate officers and other personnel of the Village for whom the Assessment Plat has signature blocks are hereby authorized and directed to execute the Assessment Plat in their official and professional capacities; and the Village Clerk is further authorized and directed to coordinate said execution and the recording of the Assessment Plat in cooperation with Petitioner, who shall pay all recording fees of the DuPage County Recorder for recording the Assessment Plat. Section Three – Legal Description The legal description of the Subject Property is set forth on the Assessment Plat and also set forth on Exhibit B, as attached hereto and made a part hereof. Section Four – Limited Purpose and Effect of Assessment Plat The Assessment Plat is hereby approved for the sole and exclusive purpose of reconfiguring and establishing parcels for real estate tax purposes as shown thereon, and shall have no bearing whatsoever under the Zoning Ordinance and more specifically with regard to the floor area ratio, as further described in the Recitals. The foregoing limitation is and shall be self- operative under the Oak Brook Code of Ordinances and shall be binding on Petitioner and any successor owner of the Subject Property. Section Five – Effective Date This resolution shall be in full force and effect from and after its passage, approval and publication as provided by law. Section Six - Publication This resolution shall be published in book or pamphlet form as provided by the Illinois Municipal Code. Section Seven – Saving Clause If any section, paragraph, clause or provision of this resolution is declared by a court of law to be invalid or unconstitutional, the invalidity or unconstitutionality thereof shall not affect the validity of any other provisions of this resolution, which are hereby declared to be separable. Section Eight – Recording Resolution 2021-SR-AP-R-1930 Restoration Hardware-Assessment Plat 1300 22nd Street—PIN(s)06-23-300-051 and 06-23-300-037 Page 4 of 6 This resolution shall be entered into the minutes and upon the journals of the Board of Trustees of the Village of Oak Brook. PASSED THIS 9th day of February, 2021. Ayes: Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga and Yusuf Nays: None Absent:None APPROVED THIS 9t' day of February, 2021. Gopal G. Lalmalani Village President ATTEST: Charlotte K. Pruss Village Clerk 0pj COUNT1 , Resolution 2021-SR-AP-R-1930 Restoration Hardware - Assessment Plat 1300 22nd Street – PIN(s) 06-23-300-051 and 06-23-300-037 Page 5 of 6 Exhibit A Assessment Plat Resolution 2021-SR-AP-R-1930 Restoration Hardware - Assessment Plat 1300 22nd Street – PIN(s) 06-23-300-051 and 06-23-300-037 Page 6 of 6 Exhibit B Legal Description LOT 1 LEGAL DESCRIPTION THAT PART OF LOT 3 AND LOT 9 IN OAKBROOK TERRACE SUBDIVISION, BEING 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 R1960-984765, IN DUPAGE COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID LOT 9, BEING THE SAME AS THE NORTH LINE OF W. 22ND STREET AS DEDICATED PER DOCUMENT R1961-21444, THENCE SOUTH 87 DEGREES 34 MINUTES 32 SECONDS WEST ALONG SAID SOUTH LINE, 717.24 FEET; THENCE NORTH 02 DEGREES 27 MINUTES 25 SECONDS WEST, 305.58 FEET; THENCE NORTH 29 DEGREES 41 MINUTES 51 SECONDS WEST, 89.64 FEET; THENCE NORTH 49 DEGREES 50 MINUTES 45 SECONDS EAST, 176.92 FEET; THENCE SOUTH 40 DEGREES 09 MINUTES 15 SECONDS EAST, 70.30 FEET; THENCE NORTH 49 DEGREES 50 MINUTES 45 SECONDS EAST, 120.00 FEET; THENCE SOUTH 40 DEGREES 09 MINUTES 15 SECONDS EAST, 2.50 FEET; THENCE NORTH 49 DEGREES 50 MINUTES 45 SECONDS EAST, 20.00 FEET; THENCE NORTH 40 DEGREES 09 MINUTES 15 SECONDS EAST, 2.50 FEET; THENCE NORTH 49 DEGREES 50 MINUTES 45 SECONDS EAST, 98.44 FEET; THENCE NORTH 40 DEGREES 09 MINUTES 15 SECONDS WEST, 70.30 FEET; THENCE NORTH 49 DEGREES 50 MINUTES 45 SECONDS EAST, 56.18 FEET; THENCE NORTH 00 DEGREES 39 MINUTES 15 SECONDS WEST, 337.86 FEET TO THE SOUTH LINE OF LOT 4 IN OAKBROOK CENTER EAST SUBDIVISION RECORDED AS DOCUMENT R2012-083434; THENCE ALONG SAID SOUTH LINE THE FOLLOWING FOUR COURSES AND DISTANCES: 1) SOUTH 41 DEGREES 16 MINUTES 34 SECONDS EAST, 346.79 FEET; 2) ALONG THE ARC OF CURVE HAVING A RADIUS OF 24.01 FEET, A CHORD BEARING OF SOUTH 76 DEGREES 19 MINUTES 56 SECONDS EAST, 29.38 FEET; 3) ALONG THE ARC OF A CURVE HAVING A RADIUS OF 463.89 FEET, A CHORD BEARING OF NORTH 77 DEGREES 13 MINUTES 53 SECONDS EAST, 139.58 FEET; 4) ALONG THE ARC OF A CURVE HAVING A RADIUS OF 27.79 FEET, A CHORD BEARING OF NORTH 64 DEGREES 31 MINUTES 40 SECONDS EAST, 20.68 FEET TO THE WEST LINE OF SPRING ROAD AS DEDICATED PER DOCUMENT R1961-30843; THENCE SOUTH 01 DEGREES 44 MINUTES 52 SECONDS EAST, 682.33 FEET; THENCE SOUTH 42 DEGREES 54 MINUTES 50 SECONDS WEST, 71.13 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE SOUTH LINE OF SAID LOT 9, BEING THE SAME AS THE NORTH LINE OF W. 22ND STREET AS DEDICATED PER DOCUMENT R1961-21444, THENCE SOUTH 87 DEGREES 34 MINUTES 32 SECONDS WEST ALONG SAID SOUTH LINE, 460.45 FEET, TO THE POINT OF BEGININING; THENCE CONTINUING ALONG SAID SOUTH LINE SOUTH 87 DEGREES 34 MINUTES 32 SECONDS WEST, 218.00 FEET; THENCE NORTH 02 DEGREES 25 MINUTES 28 SECONDS WEST, 207.00 FEET; THENCE NORTH 87 DEGREES 34 MINUTES 32 SECONDS EAST, 218.00 FEET; THENCE SOUTH 02 DEGREES 25 MINUTES 28 SECONDS EAST, 207.00 FEET, TO THE POINT OF BEGINNING. LOT 2 LEGAL DESCRIPTION THAT PART OF LOT 9 IN OAKBROOK TERRACE SUBDIVISION, BEING 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 R1960-984765, IN DUPAGE COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE SOUTH LINE OF SAID LOT 9, BEING THE SAME AS THE NORTH LINE OF W. 22ND STREET AS DEDICATED PER DOCUMENT R1961-21444, THENCE SOUTH 87 DEGREES 34 MINUTES 32 SECONDS WEST ALONG SAID SOUTH LINE, 460.45 FEET, TO THE POINT OF BEGININING; THENCE CONTINUING ALONG SAID SOUTH LINE SOUTH 87 DEGREES 34 MINUTES 32 SECONDS WEST, 218.00 FEET; THENCE NORTH 02 DEGREES 25 MINUTES 28 SECONDS WEST, 207.00 FEET; THENCE NORTH 87 DEGREES 34 MINUTES 32 SECONDS EAST, 218.00 FEET; THENCE SOUTH 02 DEGREES 25 MINUTES 28 SECONDS EAST, 207.00 FEET, TO THE POINT OF BEGINNING.