HomeMy WebLinkAboutORDINANCE - 3673 - 8/11/2020 - Annexation, McDonald's. 1910-1912 E. Higgins Rd, I-1 to B-3ORDINANCE NO.3673
AN ORDINANCE ANNEXING AND REZONING CERTAIN TERRITORY TO THE
VILLAGE OF ELK GROVE VILLAGE (MCDONALD'S CORPORATION, 1910-1912 E.
HIGGINS ROAD)
WHEREAS, a written petition has been filed with the Village Clerk of the Village of Elk
Grove Village by McDonald's Corporation, said Petition seeking annexation to the Village of Elk
Grove Village of certain land and territory legally described hereinafter; and
WHEREAS, said territory consists of approximately 1.80 acres, more or less, which is
contiguous to the Village and not within the corporate limits of any other municipality; and
WHEREAS, the corporate authorities of the Village of Elk Grove Village are desirous of
annexing said property to the Village of Elk Grove Village; and
WHEREAS, any Fire Protection District, Library District, Township Road
Commissioner, Township Corporate Authority or other entity or person entitled to notice of the
annexation of the Territory has been given such notice as is required by law; and
WHEREAS, the affidavits of service of such notices required herein are on deposit with
the Village Clerk and have been recorded in the office of the Recorder of Deeds of Cook County,
as is required by law; and
WHEREAS, the Plan Commission of the Village of Elk Grove Village, at a public
hearing duly called and held according to law, considered the question of the annexation and
rezoning of the subject property and have issued a Finding of Fact related thereto; and
WHEREAS, the Owner and the Village have entered into a valid and binding Pre -
Annexation Agreement (the "Annexation Agreement") with respect to the annexation of the
subject property to the Village, which Annexation Agreement was considered at a Public Hearing
duly called and held according to law, and which Annexation Agreement was approved by the
Mayor and Board of Trustees of the Village pursuant to Resolution No. 66-20 duly passed and
approved this I Ith day of August, 2020 by a favorable vote of at least two-thirds (2/3) of the
Corporate Authorities of the Village then holding office which Resolution by this reference is
incorporated herein; and
WHEREAS, the Mayor and Board of Trustees find and believe it to be in the best interest
of the Village that said land and territory be annexed to the Village according to the provisions of
the Annexation Agreement and pursuant to the provisions of Article 7, Division 1 of the Illinois
Municipal Code (65 ILCS 5/7-1-1, et seq.) and be zoned upon annexation.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the
Village of Elk Grove Village, Counties of Cook and DuPage, Illinois as follows:
Section l: That the land and territory legally described in Exhibit A, attached hereto and
by this reference incorporated herein, which land and territory is contiguous to the Village of Elk
Grove Village and not within the corporate limits of any other municipality, be and the same is
hereby annexed to the Village, so that said territory shall be included within the boundary limits
of said Village as is by law in such case made and provided.
Section 2: That upon annexation, said property shall be rezoned from the I-1 Restricted
Industrial District to the B-3 Business District: Automotive Oriented District as recommended by
the Plan Commission.
Section 3: That this annexation is in conjunction with and subject to the terms and
conditions set forth in the Annexation Agreement heretofore incorporated by reference into this
Ordinance.
Section 4: That the Village Clerk of the Village of Elk Grove Village is directed to record
a certified copy of this ordinance together with a plat of annexation of said territory, as attached
hereto as Exhibit B, with the Recorder of Deeds of Cook County Illinois.
Section 5: That the Village Clerk is hereby directed to file with the County Clerk and the
Cook County Election Department a certified copy of this ordinance together with a plat of
annexation of said territory, and to report the annexation of the territory to the proper postal
service officials.
Section 6: That the Village Clerk is directed to amend the official Village map in
accordance with the provisions of this ordinance.
Section 7: That the Village Clerk is authorized to publish this ordinance in pamphlet
form.
Section 8: That this ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form according to law.
VOTE: AYES: 6 NAYS: 0 ABSENT: 0
PASSED this llth day of August 2020.
APPROVED this I I1h day of August 2020.
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Loretta M. Murphy, Village Clerk
PUBLISHED this 14th day of August 2020 in pamphlet form.
OrdAnnexation,MCDonald's
EXHIBIT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY
1910-1912 E. HIGGINS ROAD, PIN #08-26-101-007-0000, 08-26-101-011-0000,
08-26-101-015-0000
THAT PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 26,
TOWNSHIP 41 NORTH, RANGE I I EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE CENTER LINE OF
HIGGINS ROAD AS IMPROVED AND OCCUPIED, 615.14 FEET SOUTHEASTERLY OF
ITS INTERSECTION WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF
SECTION 26 AFORESAID; THENCE NORTH 48°12' 12" EAST (ASSUMED) AT RIGHT
ANGLES TO THE SAID CENTER LINE 50.00 FEET TO THE NORTHEASTERLY LINE OF
SAID HIGGINS ROAD AND THE POINT OF BEGINNING; THENCE CONTINUING
NORTH 48012'12" EAST 222.28 FEET; THENCE NORTH 37°24'04" WEST 33.70 FEET;
THENCE NORTH 48016'51" EAST 25 FEET, MORE OR LESS TO A LINE 82.50 FEET
SOUTHWESTERLY OF AND PARALLEL WITH THE SOUTHWESTERLY LINE OF THE
PROPERTY ACQUIRED BY THE ILLINOIS STATE TOLL HIGHWAY COMMISSION BY
DEED DATED OCTOBER 31, 1956 AND RECORDED NOVEMBER 9, 1956 AS
DOCUMENT 16750861, BEING ALSO THE SOUTHWESTERLY LINE OF THE PROPERTY
CONVEYED TO THE NORTHERN ILLINOIS GAS COMPANY BY DEED DATED
NOVEMBER 10, 1958 AND RECORDED DECEMBER 18, 1958 AS DOCUMENT NUMBER
17408538; THENCE NORTHWESTERLY ALONG SAID PARALLEL LINE 102.80 FEET,
SAID PARALLEL LINE BEING THE ARC OF A CIRCLE, CONCAVE NORTHEASTERLY,
HAVING A RADIUS OF 3072.29 FEET AND A CHORD WHICH BEARS NORTH 45057'33"
WEST 102.80 FEET; THENCE CONTINUING ALONG SAID PARALLEL LINE NORTH
39002'46" WEST 161.97 FEET TO THE SOUTH LINE OF OAKTON STREET PER
DOCUMENT #9967969 RECORDED MARCH 27, 1928; THENCE SOUTH 88°38'48" WEST
ALONG SAID SOUTH LINE 121.59 FEET TO A POINT ON A LINE DRAWN
PERPENDICULAR TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 26, THROUGH A POINT 310.00 FEET EAST OF ITS INTERSECTION WITH THE
CENTER LINE OF HIGGINS ROAD AFORESAID; THENCE SOUTH 01°21'l2" EAST
ALONG SAID PERPENDICULAR LINE 58.00 FEET; THENCE SOUTH 2105239" WEST
64.43 FEET TO A POINT ON A LINE DRAWN PERPENDICULAR TO THE CENTER LINE
OF HIGGINS ROAD THROUGH A POINT 312.00 FEET SOUTHEASTERLY OF ITS
INTERSECTION WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF
SECTION 26 AFORESAID; THENCE SOUTH 48012'12" WEST ALONG SAID
PERPENDICULAR LINE 58.00 FEET TO THE NORTHEASTERLY LINE OF HIGGINS
ROAD; THENCE SOUTH 41 °47'48" EAST ALONG SAID NORTHEASTERLY LINE 303.14
FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS.
CONTAINING 78,579 SQUARE FEET OR 1.80 ACRES, MORE OR LESS.
EXHIBIT B
RESERVED FOR THE VILLAGE OF ELK GROVE VILLAGETHAT PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 41 NORTH, RANGE 11EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:COMMENCING AT A POINT ON THE CENTER LINE OF HIGGINS ROAD AS IMPROVED AND OCCUPIED, 615.14 FEETSOUTHEASTERLY OF ITS INTERSECTION WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 26AFORESAID; THENCE NORTH 48°12'12” EAST (ASSUMED) AT RIGHT ANGLES TO THE SAID CENTER LINE 50.00 FEET TOTHE NORTHEASTERLY LINE OF SAID HIGGINS ROAD AND THE POINT OF BEGINNING; THENCE CONTINUING NORTH48°12'12” EAST 222.28 FEET; THENCE NORTH 37°24'04” WEST 33.70 FEET; THENCE NORTH 48°16'51” EAST 25 FEET,MORE OR LESS TO A LINE 82.50 FEET SOUTHWESTERLY OF AND PARALLEL WITH THE SOUTHWESTERLY LINE OFTHE PROPERTY ACQUIRED BY THE ILLINOIS STATE TOLL HIGHWAY COMMISSION BY DEED DATED OCTOBER 31, 1956AND RECORDED NOVEMBER 9, 1956 AS DOCUMENT 16750861, BEING ALSO THE SOUTHWESTERLY LINE OF THEPROPERTY CONVEYED TO THE NORTHERN ILLINOIS GAS COMPANY BY DEED DATED NOVEMBER 10, 1958 ANDRECORDED DECEMBER 18, 1958 AS DOCUMENT NUMBER 17408538; THENCE NORTHWESTERLY ALONG SAIDPARALLEL LINE 102.80 FEET, SAID PARALLEL LINE BEING THE ARC OF A CIRCLE, CONCAVE NORTHEASTERLY,HAVING A RADIUS OF 3072.29 FEET AND A CHORD WHICH BEARS NORTH 45°57'33" WEST 102.80 FEET; THENCECONTINUING ALONG SAID PARALLEL LINE NORTH 39°02'46" WEST 161.97 FEET TO THE SOUTH LINE OF OAKTONSTREET PER DOCUMENT #9967969 RECORDED MARCH 27, 1928; THENCE SOUTH 88°38'48" WEST ALONG SAID SOUTHLINE 121.59 FEET TO A POINT ON A LINE DRAWN PERPENDICULAR TO THE NORTH LINE OF THE NORTHWESTQUARTER OF SAID SECTION 26, THROUGH A POINT 310.00 FEET EAST OF ITS INTERSECTION WITH THE CENTER LINEOF HIGGINS ROAD AFORESAID; THENCE SOUTH 01°21'12" EAST ALONG SAID PERPENDICULAR LINE 58.00 FEET;THENCE SOUTH 21°52'39" WEST 64.43 FEET TO A POINT ON A LINE DRAWN PERPENDICULAR TO THE CENTER LINEOF HIGGINS ROAD THROUGH A POINT 312.00 FEET SOUTHEASTERLY OF ITS INTERSECTION WITH THE NORTH LINEOF THE NORTHWEST QUARTER OF SECTION 26 AFORESAID; THENCE SOUTH 48°12'12" WEST ALONG SAIDPERPENDICULAR LINE 58.00 FEET TO THE NORTHEASTERLY LINE OF HIGGINS ROAD; THENCE SOUTH 41°47'48" EASTALONG SAID NORTHEASTERLY LINE 303.14 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS.CONTAINING 78,579 SQUARE FEET OR 1.80 ACRES, MORE OR LESS.VILLAGE BOARD CERTIFICATESTATE OF ILLINOIS ) )COUNTY OF COOK )THIS IS TO CERTIFY THAT THIS ACCURATE MAP OF TERRITORY ANNEXED IS IDENTIFIED AS THATINCORPORATED INTO AND MADE A PART OF THE VILLAGE OF ELK GROVE VILLAGE BY ORDINANCENO. ________________ ADOPTED BY THE MAYOR AND THE BOARD OF TRUSTEES OF SAID VILLAGEON THE ________DAY OF ____________________, A.D. 20_______BY:______________________________________ VILLAGE MAYOR_________________________________________PRINTED NAMEATTEST:__________________________________ VILLAGE CLERK_________________________________________PRINTED NAMERESERVED FOR COOK CO.ORDERED BY:GORDER NO.B&ADDRESS:IEDERMANN1 Inch = FeetDATE:SCALE:REMLEYG&BOFPAGE NO.CHECKED:DRAWN:4505 North Elston Avenue, Chicago, IL 60630Telephone: (773) 685-5102 Fax: (773) 286-4184 Email: INFO@PLCS-Survey.comProfessional Land SurveyorsPLCS, CorporationLicense No. 184-005332A Division ofBSS60AUGUST 12, 2019ELK GROVE VILLAGE, ILVILLAGE OF ELK GROVE VILLAGE PLAT OF ANNEXATIONTO THE VILLAGE OF ELK GROVE VILLAGE,ILLINOISNOTES:Distances shown hereon are both Record (R.) & Measured (M.) unless otherwise noted and are marked in feetand decimal parts thereof. Compare all points BEFORE building by same and at once report any differencesBEFORE damage is done.NO dimensions shall be assumed by scale measurement upon this plat.Unless otherwise noted hereon the Bearing Basis, Elevation Datum and Coordinate Datum if used is ASSUMED.COPYRIGHT GREMLEY & BIEDERMANN, INC. 2019 "All Rights Reserved"PIN:08-26-101-00708-26-101-01108-26-101-0150603060GRAPHIC SCALE( IN FEET )1" = 60'STATE OF ILLINOIS)COUNTY OF COOK)SSI, BRIAN S. STOUT, A PROFESSIONAL ILLINOIS LAND SURVEYOR, DO HEREBY CERTIFY THAT IHAVE PREPARED THE PLAT HEREON DRAWN FROM PREVIOUS PLATS AND RECORDS FORPURPOSES OF ANNEXING THE SAME AS SHOWN ON THE PLAT HEREON DRAWN. DIMENSIONSARE SHOWN IN FEET AND DECIMAL PARTS THEREOF.SIGNED ON AUGUST 22, 2019.BY:_____________________________________________PROFESSIONAL ILLINOIS LAND SURVEYOR NO. 3584My license expires November 30, 2020