HomeMy WebLinkAboutORDINANCE - 2787 - 11/14/2000 - ANNEXING (GULLO-LANDMEIER/HIGGINS/TOUHY)ORDINANCE NO. 2787
AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE VILLAGE OF
ELK GROVE VILLAGE (GULLO-LANDMEIER/HIGGINS/TOUHY)
WHEREAS, a written petition (the "Petition") signed by the
legal owner of record of all land within the territory
hereinafter described (the "Territory"), has been filed with the
Village Clerk of the Village of Elk Grove Village, Counties of
Cook and DUPage, Illinois (the "Village"), requesting that the
Territory be annexed to the Village; and
WHEREAS, the Territory is not within the corporate limits
of any municipality but is contiguous to the corporate limits of
the Village and there are no electors residing thereon; and
WHEREAS, the Fire Protection District, Library District,
Township Road Commissioner, County Clerk or other entity or
person entitled to notice prior to the annexation of the
Territory has been given such notice as is required by law; and
WHEREAS, the legal owner of record of the Territory and the
Village have entered into a valid and binding annexation and
development agreement (the" Annexation and Development
Agreement") with respect to the annexation of the Territory to
the Village, which Annexation and Development Agreement was
considered at a public hearing duly called and held according to
law, and which Annexation and Development Agreement was approved
by the Mayor and Board of Trustees of the Village pursuant to
Resolution No. 44-00 duly passed and approved this 14" day of
November, 2000; and
WHEREAS, pursuant to a public notice published in the Daily
Herald, a newspaper of general circulation within the Village, on
October 30, 2000, public notice posted on the street frontage of
the Territory, and notices sent to owners of properties within
three hundred (300) feet of the property as required by the
Zoning Ordinance, the Mayor and Board of Trustees of the Village
held a public hearing on November 14`", 2000 with regard to said
Petition and voted to approve the Petitioner's request; and
WHEREAS, the Mayor and Board of Trustees of the Village
find and believe it to be in the best interest of the Village
that the Territory be annexed thereto according to the conditions
and provisions of the Annexation and Development Agreement; and
WHEREAS, the Petition and other documents are in full
compliance with the terms of said Annexation and Development
Agreement and with the provisions of 65 ILCS. 5/7-1-8 (1992).
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of
Trustees of the Village of Elk Grove Village, Counties of Cook
and DuPage, State of Illinois, as follows:
Section 1: That the Territory legally described on Exhibit
A, attached hereto, be and the same is hereby annexed to the
Village of Elk Grove Village, so that the Territory shall be
included within the boundary limits of the Village as is by law
in such case made and provided.
Section 2: That this annexation is in conjunction with and
subject to the terms and conditions set forth in the Annexation
and Development Agreement.
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Section 3: That pursuant to said Annexation and Development
Agreement, and subsequent to public hearings with respect
thereto, the property herein annexed shall be classified and
rezoned as I-2 Industrial. In addition, a variation is hereby
granted from the provisions of the Zoning ordinance pertaining to
building setback and public utility easement lines to permit a 15
foot building setback and public utility easement lying along the
Landmeier frontages of Lot 2 and 3.
Section 4: That the Mayor is hereby authorized to sign and
Village Clerk is hereby authorized to attest, the Plat of
Annexation of the Territory attached hereto as Exhibit B and
incorporated herein by reference.
Section 5: That the Village Clerk is hereby authorized and
directed to record with the Recorder of Deeds, and to file with
the County Clerk, all necessary notices and affidavits, a
certified copy of this Ordinance, and the aforesaid Plat of
Annexation.
Section 6: That the Village Clerk is hereby authorized to
publish this Ordinance in pamphlet form.
Section 7: That the invalidity of any section, part,
provision, term or phrase of this Ordinance shall not affect the
validity of the remainder hereof.
Section 8: That all Ordinances or parts of Ordinances in
conflict or inconsistent with this Ordinance shall be repealed to
the extent of any such conflict or inconsistency.
3
Section 9: That this Ordinance shall be in full force and
effect upon but not before:
a. passage, approval and publication according to
law;
b. the complete execution and recordation of the
Annexation and Development Agreement approved
pursuant to Resolution No -44-00 and
C. the recordation of this Ordinance.
VOTE:
AYES: Trustees: N. Czarnik, B. Dill, P. Feichter, S: LiSsner
J. Petri, C. Prochno
NAYS:
ABSENT:
PASSED this 14th day of November ,2000.
APPROVED this 14th day of November 2000.
APPROVED:
Craig B. Johnson
Mayor
ATTEST:
Ann I. Walsh
Village Clerk
Published this 17th day of November 2000 in pamphlet form.
OrdGullo2.doc
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EXHIBIT A
Lots 39 to 84, inclusive, (except the Northwesterly 7 feet
of Lot 84 conveyed to State of Illinois by deed recorded May
21, 1964 as document #19133687 and except that part of Lots
39, 40 and 41 described as follows: beginning at the
Northeast corner of said Lot 39, being also the point of
intersection of the Southwesterly line of Higgins Road with
the Southeasterly line of Landmeier Road, as the same are
now located and established; Thence Southeasterly along the
Easterly line of said Lots 39, 40 and 41, being also the
Southwesterly line of Higgins Road, a distance of 113.18
feet to a point of curvature; Thence Northwesterly along a
curved line concave to the Southwest, having a radius of
150.0 feet and tangent to the last described course, a
distance of 182.21 feet to a point in the Westerly line of
said Lot 39, a distance of 7.02 feet Southeasterly from the
Northwesterly corner of said Lot 39, as measured along the
Westerly line thereof; Thence Northwesterly along said
Westerly line of said Lot 39 a distance of 7.02 feet to a
Northwesterly corner of Lot 39; Thence northeasterly along
the Northerly line of said Lot 39, a distance of 100.96 feet
to the point of beginning) in Steele's Higgins and Touhy
Highlands, being a subdivision in the East half of the
Southeast Quarter of Section 26, Township 41 North, Range 11
East of the Third Principal Meridian, in Cook County,
Illinois.
Also
Vacated Lund Avenue; and vacated Lela Street and the vacated
alleys lying Westerly of Higgins Road, Northerly of Touhy
Avenue and Southerly of Landmeier Road in Steele's Higgins
and Touhy Highlands Subdivision in the East half of the
southeast Quarter of Section 26, Township 41 North, Range
11, East of the Third Principal Meridian, in Cook County,
Illinois.
Also
All of Higgins Road and Landmeier Road lying adjacent to the
aforedescribed property.
EXHIBIT "B"
GULLO PROPERTY
LEGAL. DESCRIPTION
THAT PART OF LOT 6 IN THE SUBDIVISION OF THE ESTATE OF HENRY LANDMEIER
(HEREINAFTER DESCRIBED) LYING NORTH OF THE NORTH LINE OF TOUHY AVENUE AS
DEDICATED IN CENTEX INDUSTRIAL PARK UNIT 6, A SUBDIVISION IN SECTIONS 26
AND 35, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
(ACCORDING TO THE PLAT REGISTERED AS DOCUMENT NUMBER 2011608), AND LYING
EAST OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT IN THE NORTH
LINE OF SAID TOUHY AVENUE, 651.33 FEET EAST OF THE INTERSECTION bB SAID
NORTH LINE OF TOUHY AVENUE WITH THE EAST LINE OF NICHOLAS BOULEVARD .AS
DEDICATED IN CENTEX INDUSTRIAL PARK UNIT 9, A SUBDIVISION IN SECTION 26,
TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN,
(ACCORDING TO PLAT REGISTERED AS DOCUMENT NUMBER 2057254); SAID LINE
RUNNING THENCE NORTH AT RIGHT ANGLES TO THE SAID NORTH LINE OF TOUHY
AVENUE, 566.57 FEET, MORE OR LESS, TO THE CENTER OF LANDMEIER ROAD, SAID
CENTER LINE BEING THE NORTHERLY LINE OF SAID LOT 6 (EXCEPTING FROM SAID
TRACT THAT PART OF LOT 6 INCLUDED IN THE FOLLOWING DESCRIBED PARCEL OF
LAND: THAT PORTION OF THE WEST 1/2 OF THE SOUTH EAST 1/4 OF SECTION 26,
TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF HIGGINS ROAD WITH THE,
EAST LINE OF THE WEST 1/2 OF THE SOUTH EAST 1/4 OF SAID SECTION 26; RUNNING
THENCE SOUTH ALONG THE EAST LINE OF THE WEST 1/2 OF THE SOUTH EAST 1/4 OF
SAID SECTION 26, TO THE SOUTHEAST CORNER THEREOF; THENCE NORTHWESTERLY IN A
STRAIGHT LINE TO A POINT IN THE CENTER LINE OF HIGGINS ROAD, 20 FEET
NORTHWESTERLY OF THE PLACE OF BEGINNING; THENCE SOUTHEASTERLY 20 FEET TO
THE PLACE OF BEGINNING AND EXCEPTING THEREFROM THAT PART OF THE FOLLOWING
DESCRIBED TRACT LYING SOUTHEASTERLY OF THE SOUTHEASTERLY LINE OF ORIGINAL
LANDMEIER ROAD; BEGINNING AT A POINT ON THE CENTER LINE OF LANDMEIER ROAD,
AS THE SAME IS NOW LOCATED AND ESTABLISHED, (MAY 5, 1964), DISTANT 9.22
FEET SOUTHWESTERLY OF THE EAST BINE OF THE WEST 1/2 OF THE SOUTH EAST 1/4
OF SAID SECTION 26, THENCE SOUTHEASTERLY ALING A LINE WHICH IF EXTENDED
WOULD INTERSECT THE SOUTHEAST CORNER OF SAID WEST 1/2 OF THE SOUTH EAST 1/4
OF SECTION 26, TO A POINT DISTANT 40.0 FEET SOUTHEASTERLY, MEASURED AT
RIGHT ANGLES FROM SAID CENTER LINE OF LANDMEIER ROAD; THENCE SOUTHWESTERLY
PARALLEL WITH SAID CENTER LINE OF LANDMEIER ROAD, A DISTANCE OF 410.0 FEET
TO A POINT; THENCE NORTHERLY PARALLEL WITH EAST LINE OF THE WEST 1/2 OF THE
SOUTH EAST 1/4 OF SECTION 26, TO A POINT IN SAID CENTER LINE OF LANDMEIER
ROAD; THENCE NORTHEASTERLY ALONG SAID CENTER LINE OF LANDMEIER ROAD, A
DISTANCE OF 409.44 FEET TO THE POINT OF BEGINNING)
SUBDIVISION OF THE ESTATE OF HENRY LANDMEIER BEING PART OF SECTION 26 AND
35, TOWNSHIP 41 NORTH RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO PLAT ACKNOWLEDGED ON THE 4TH DAY OF DECEMBER 1916, BY RICHARD
LANDMEIER, ALBERT LANDMEIER, OTTO LANDMEIER AND GUSTAV LANDMEIER AND FILED
ON THE SECOND DAY OF MARCH, 1917, IN THE OFFICE OF THE REGISTRAR OF TITLES
OF COOK COUNTY, ILLINOIS, AS DOCUMENT NUMBER 70396
AND ALSO EXCEPT THAT PART DESCRIBED AS FOLLOWS:
THE SOUTHERLY 10 FEET OF NORTHERLY 40 FEET OF THAT PART OF LOT 6 (AS
MEASURED AT RIGHT ANGLES TO THE NORTHERLY LINE OF SAID LOT) IN THE
SUBDIVISION OF THE ESTATE OF HENRY LANDMEIER, BEING PART OF SECTIONS 26 AND
35, TOWNSHIP 4 NORTH, RANGE 11 EAST -OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO PLAT.FILED ON THE 2ND DAY OF MARCH 1917, IN THE OFFICE OF THE
REGISTRAR OF TITLES OF COOK COUNTY, ILLINOIS AS DOCUMENT NUMBER 70396,
LYING NORTH OF THE NORTH LINE OF TOUHY AVENUE AS DEDICATED IN CENTEX
INDUSTRIAL PARK UNIT 6, A SUBDIVISION IN SECTIONS 26 AND 35, TOWNSHIP 41
NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, (ACCORDING TO PLAT
REGISTERED AS DOCUMENT NUMBER 2011608), AND LYING EAST OF THE FOLLOWING
DESCRIBED LINE: BEGINNING AT A POINT IN THE NORTH LINE OF SAID TOUHY
AVENUE 651.33 FEET EAST OF THE INTERSECTION OF SAID NORTH AVENUE WITH THE
EAST LINE OF NICHOLAS BOULEVARD AS DEDICATED IN CENTEX INDUSTRIAL PARK UNIT
9, A SUBDIVISION IN SECTION 26, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE
THIRD PRINCIPAL MERIDIAN (ACCORDING TO PLAT REGISTERED AS DOCUMENT NUMBER
2057254); SAID LINE RUNNING THENCE NORTH AT RIGHT ANGLES TO THE SAID NORTH
LINE OF TOUHY AVENUE 566.57 FEET, MORE OR LESS, TO THE CENTER LINE OF
LANDMEIER ROAD, SAID CENTER LINE BEING THE NORTHERLY LINE OF, SAID LOT 6
(EXCEPTING FROM SAID TRACT THAT PART OF LOT 6 INCLUDED IN THE FOLLOWING
DESCRIBED PARCEL OF LAND; THAT PORTION OF THE WEST 1/2 OF THE SOUTH EAST
1/4 OF SECTION 26, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL
MERIDIAN, COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF HIGGINS ROAD
WITH THE EAST LINE OF THE WEST 1/2 F THE SOUTH EAST 1/4 OF SAID SECTION 26;
RUNNING THENCE SOUTH ALONG EAST LINE OF THE WEST 1/2 OF THE SOUTH EAST 1/4
OF SAID SECTION 26, TO THE SOUTHEAST CORNER THEREOF; THENCE NORTHWESTERLY
IN A STRAIGHT LINE TO A POINT IN THE CENTER LINE OF HIGGINS ROAD, 20 FEET
NORTHWESTERLY OF THE PLACE OF BEGINNING; THENCE SOUTHWESTERLY 20 FEET TO
THE PLACE OF BEGINNING AND EXCEPTING THEREFROM THAT PART OF THE FOLLOWING
DESCRIBED TRACT LYING SOUTHEASTERLY OF THE SOUTHEASTERLY LINE OF ORIGINAL
LANDMEIER ROAD; BEGINNING AT A POINT ON THE CENTER LINE OF LANDMEIER ROAD,
AS THE SAME IS NOW LOCATED AND ESTABLISHED, (MAY 5, 1964), DISTANT 9.22
FEET SOUTHWESTERLY OF THE EAST LINE OF THE WEST 1/2 OF THE SOUTH EAST 1/4
OF SECTION 26; THENCE SOUTHEASTERLY ALONG A LINE, WHICH IF EXTENDED WOULD
INTERSECT THE SOUTHEAST CORNER OF SID WEST 1/2 OF THE SOUTH EAST 1/4 OF
SECTION 26, TO A POINT DISTANT 40.0 FEET SOUTHEASTERLY, MEASURED AT RIGHT
ANGLES FROM SAID CENTER LINE OF,'LANDMEIER ROAD; THENCE SOUTHWESTERLY
PARALLEL WITH SAID CENTER LINE OF LANDMEIER ROAD, A DISTANCE OF 410.0 FEET
TO A POINT; THENCE NORTHERLY PARALLEL WITH EAST LINE OF THE WEST 1/2 OF THE
SOUTH EAST 1/4 OF SECTION 26, TO A POINT IN SAID CENTER LINE OF LANDMEIER
ROAD, A DISTANCE OF 409.44 FEET TO THE POINT OF BEGINNING), IN COOK COUNTY,
ILLINOIS.
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SUBSEQUENT YEARS WHICH ARE NOT YET ASCERTAINABLE OR PAYABLE.
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