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HomeMy WebLinkAboutORDINANCE - 2695 - 5/11/1999 - ANNEX/DIXON PROPERTYORDINANCE NO. 2695 AN ORDINANCE ANNEXING CERTAIN TERRITORY COMMONLY KNOWN AS THE DIXON PROPERTY TO THE VILLAGE OF ELK GROVE VILLAGE PURSUANT TO SECTION 7-1-8 OF THE ILLINOIS MUNICIPAL CODE ID. Rev. Stat. ch. 24. para. 7-1-8 (1987). 65 ILCS 5/7-1-8 (1992) WHEREAS, a written petition (the "Petition") signed by the sole legal owner of record of all land within the territory hereinafter described (the "Territory"), and the sole elector residing therein (collectively, "Petitioner"), 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 WHEREAS, any 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 sole legal owner of record of the Territory, the contract purchaser of the Territory, the Village and certain other parties 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 3042267.4 Development Agreement was approved by the President and Board of Trustees of the Village pursuant to Resolution No. 99-9 duly passed and approved this i i tday of may , 1999; and WHEREAS, pursuant to a public notice published in the Daily Herald, a newspaper of general circulation within the Village, on April 26, 1999, 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 President and Board of Trustees of the Village held a public hearing on May 11, 1999 with regard to said Petition and voted to approve the Petitioner's request; and WHEREAS, the President and Board of Trustees of the Village find and believe it to be in the best interest of the Village and the inhabitants thereof 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 Ill. Rev. Stat. ch. 24, para. 7-1-8 (1987), 65 ILCS 5/7-1-8 (1992). NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and Du Page, State of Illinois, as follows: Section 1: That the Territory legally described below, 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: 3042267.4 2 PARCEL 1: The South 444.92 feet of the North 1156.92 feet (measured on the east line and west line) of the North 37.5 acres of the West 75 acres of the east 1/2 of the northwest 1/4 of Section 36, Township 41 North, Range 10 east of the third principal meridian, in Cook County, Illinois, excepting the west 50 feet of the West 489.92 feet (measured along the north line) of the South 178.0 feet of the North 534.0 feet of the North 37.5 acres of the West 75 acres of the east'/2 of the northwest 1/4 of Section 36, Township 41 North, Range 10 east of the third principal meridian, in Cook County, Illinois. PARCEL 2: That part of the South 444.92 feet of the North 1,156.92 feet, both as measured along the west line thereof, of that part of the North 37.50 acres of the east half of the northwest quarter of Section 36, Township 41 North, Range 10 east of the third principal meridian, lying west of the east 5 acres of said northwest quarter and lying east of the west 75 acres of the east half of said northwest quarter, in Cook County, Illinois. Section 2: That this annexation is in conjunction with and subject to the terms and conditions set forth in the Annexation and Development Agreement. Section 3: That the Village President is hereby authorized to sign, and the Village Clerk is hereby authorized to attest, the Plat of Annexation of the Territory attached hereto as Exhibit A and incorporated herein by reference. Section 4: 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 5: That the Village Clerk is hereby authorized to publish this Ordinance in pamphlet form. 3092267.4 3 Section 6: That the invalidity of any section, part, provision, term or phrase of this Ordinance shall not affect the validity of the remainder hereof. Section 7: 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. Section 8: 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. 9-99; and C. the recordation of this Ordinance. PASSED AND APPROVED THIS 11ODAY OF May, 1999. VOTE: AYES: NAYS: 0 ABSENT: 0 GV*WI/\Ie�1 ATTEST: B. Johnson VILLAGE PRESIDENT Patricia S. Smith VILLAGE CLERK Published this 14t1day of MaY, 1999 in pamphlet form. 9042267.4 4 ORDINANCE NO. 2695 AN ORDINANCE ANNEXING CERTAIN TERRITORY J COMMONLY KNOWN AS THE DIXON PROPERTY 4) TO THE VILLAGE OF ELK GROVE VILLAGE PURSUANT TO SECTION 7-1-8 OF THE ILLINOIS MUNICIPAL CODE Ill. Rev. Stat. ch. 24, tiara. 7-1-8 (1987). 65 ILCS 5/7-1-8 (1992) 0 ,yam WHEREAS, a written petition signed by the sole legal owner of record of all land within y the territory hereinafter described (the "Territory"), and the sole elector residing therein has been U" 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 v b contiguous to the corporate limits of the Village; and a WHEREAS, any 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 a has been given such notice as is required by law; and 0 WHEREAS, the sole legal owner of record of the Territory, the contract purchaser of the �pp Village Territory and the have entered into a valid and binding pre -annexation agreement (the i "Annexation Agreement") with respect to the annexation of the Territory to the Village, which A Annexation Agreement was considered at a Public hearing duly called and held according to law, n' and which Annexation Agreement was approved by the President and Board of Trustees -of the V �3 Village pursuant to Resolution No. 9-99, duly passed and approved this 11' day of May, 1999; m a . ray' C and p 3 a CHIDOCS2/106813W2267.2 R WHEREAS, pursuant to a public notice published in the Daily Herald, a newspaper of general circulation within the Village, on April 26, 1999, 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 President and Board of Trustees of the Village held a public hearing on May 11, 1999 with regard to said Petition and voted to approve the Petitioners' request; and WHEREAS, the President and Board of Trustees of the Village find and believe it to be in the best interest of the Village and the inhabitants thereof that the Territory be annexed thereto according to the conditions and provisions of the Annexation Agreement ; and WHEREAS, all petitions and other documents are in full compliance with the terms of said Annexation Agreement and with the provisions of Ill. Rev. Stat. ch. 24, para. 7-1-8 (1987), 65 ILCS 5/7-1-8 (1992). NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and Dupage, State of Illinois, as follows: Section : That the Territory legally described below, 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: PARCEL l: The South 444.92 feet of the North 1156.92 feet (measured on the east line and west line) of the North 37.5 acres of the West 75 acres of the east %2 of the northwest 1/4 of Section 36, Township 41 North, Range 10 east of the third principal meridian, in CHIDOCS2/1068/3042267.2 2 Cook County, Illinois, excepting the west 50 feet of the West 489.92 feet (measured along the north line) ofthe South 178.0 feet of the North 534.0 feet of the North 37 5 acres ofthe West 75 acres of the east'/ of the northwest 1/4 of Section 36, Township 41 North, Range 10 east of the third principal meridian, in Cook County, Illinois. PARCEL 2: That part of the South 444.92 feet of the North 1,156.92 feet, both as measured along the west line thereof, of that part of the North 37.50 acres of the east half of the northwest quarter of Section 36, Township 41 North, Range 10 east of the third principal meridian, lying west of the east 5 acres of said northwest quarter and lying east of the west 75 acres of the east half of said northwest quarter, in Cook County, Illinois. Section 2: 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 3: That the Village President is hereby authorized to sign, and the Village Clerk is hereby authorized to attest, the Plat of Annexation of the Territory with the Recorder of Deeds of Cook and DuPage Counties, Illinois. Section 4: 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. CHIDOCS2/1068/3062267.2 3 Section 5: That the Village Clerk is hereby authorized to publish this Ordinance in pamphlet form. Section 6: That the invalidity of any section, part, provision, term or phrase of this Ordinance shall not affect the validity of the remainder hereof. Section 7: 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. Section : 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 Agreement approved pursuant to Resolution No. 9-99; and C. the recordation of this Ordinance. PASSED AND APPROVED this I I'h day of May, 1999. VOTES: AYES: NAYS: ABSENT: VILLAGE PRESIDENT ATTEST: VILLAGE CLERK CHID0052/1068/3042267.2 4 it FOR C) m o m r ma C) m O m > Z:; z >m > P C) X > 0 0 00 z 0 0 c ? jjAj FOR C) m o m r ma C) m O m > Z:; z >m > P C) X > 0 0 00 z 0 0 c fi FOR C) m o m r ma C) m O m > Z:; z >m > P C) X > 0 0 00 z 0 0 c