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HomeMy WebLinkAboutORDINANCE - 1255 - 10/10/1978 - ANNEX/BIESTERFIELD & ROHLWING RDORDINANCE NO. 1255 AN ORDINANCE ANNEXING CERTAIN PROPERTY TO THE VILLAGE OF ELK GROVE VILLAGE (BOLGER) WHEREAS, a written petition has been filed with the Village Clerk of the Village of Elk Grove Village by The First National Bank of Des Plaines, as Trustee, under Trust No. 72131804, and Terrence A. Bolger, said petition seeking annexation to the Village of Elk Grove Village; and WHEREAS, said land and territory is not within the corporate limits of any municipality, but is contiguous to the Village of Elk Grove Village and has no electors residing thereon; and WHEREAS, any fire protection district, library district, township or other entity or person entitled to notice prior to annexation of the subject property has been given notice as is required by law; and WHEREAS, all other statutory requirements in reference to the annexation have been fully complied with, and the President and Board of Trustees of the Village of Elk Grove Village believe it to be in the best interests of the Village that said land and territory be annexed thereto; NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Elk Grove Village, Cook and Du Page Counties, Illinois, as follows: Section 1: That the land and territory shown and legally described on Exhibit A attached hereto and by this reference made a part of this Ordinance, which territory is contiguous to the Village of Elk Grove Village, and not within the limits of any other municipality, be and the same shall, pursuant to the provisions hereof, be annexed to the Village of Elk Grove Village, so that said territory shall be included within the boundary limits of said Village as is by law in such cases made and provided. Section 2: That upon the annexation of the property described in Exhibit A, pursuant to the provisions hereof, the Pre -Annexation Agreement applicable to such property, which Agreement was heretofore approved by the President and Board of Trustees pursuant to Resolution No. 84-78 , shall be in full force and effect, and shall be binding upon the petitioners and the Village of Elk Grove Village, and all vendees, assigns and successors -in -interest. Section 3: That upon the annexation of said property, same shall be rezoned from the R-3, Residential District, to the B-2, Business District, pursuant to the recommendation of the Plan Commission following a public hearing duly held and called according to law. Section 4: That the following variations of the Zoning Ordinance of the Village of Elk Grove Village be granted: (A). A variation of Section 5.1 of the Zoning Ordinance reducing the minimum rear yard setback from 75' to 30', reducing the minimum side yard setback on the easterly yard from 75' to 40', and reducing the minimum side yard setback on the westerly yard from 75' to 25'. (B). A variation of Section 3.98D of the Zoning Ordinance thereby permitting the loading space for the building to be located in the access lane in the rear yard. Section 5: That the Village Clerk of the Village of Elk Grove Village is hereby directed to record a certified copy of this Ordinance together with an accurate Plat of Annexation of said territory with the Recorder of Deeds of Cook County, Illinois, and to amend the Zoning Map of the Village in accordance with the provisions hereof, and to provide such notice of this annexation to the County Clerk and to the United States Post Office Department as is by statute required. Section 6: That this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. VOTE: AYES: NAYS: ABSENT: 0 PASS: ATTEST: Fay Bishop DEPUTY VILLAGE CLERK APPROVED: Charles J. Zettek VILLAGE PRESIDENT PASSED this 10th day of October , 1978. APPROVED this 10th day of October 1978. PUBLISHED in the The Elk Grove Daily Herald , this 18th day of October 1978. - 2 -' EXHIBIT A That part of the North 295.165 feet of the West 295.165 feet of the West 80 Acres of the South 160 Acres of the North 262 Acres of Section 31, Township 41 North, Range 11, East of the Third Principal Meridian,(excepting therefrom that part taken for highway purposes) in Cook County, Illinois. PETITION FOR ANNEXATION TO THE VILLAGE OF ELK GROVE VILLAGE We, the undersigned, being all of the owners of record of the following described real estate and all of the electors residing upon said real estate, do hereby request that the following legally described real estate be annexed to and become a part of the Village of Elk Grove Village. Petitioners state that the said real estate is not within the corporate limits of any municipality; that said real estate is contiguous to the Village of Elk Grove Village. Permanent Real Estate Tax Index No. 8-31-101-001 Assessed Valuation 1976 10,686 (equalized) 7,550 (unequalized) (Last 3 years) 1975 10,935 (equalized) 7,550 (unequalized) 1974 10,912 (equalized) 7,550 (unequalized) Designation which Fire District property is in: None Indicate if application is contingent upon approval of a particular zoning classification? Yes, B-2 Said real estate is legally described as follows: That part of the North 295.165 feet of the West 295.165 feet of the West 80 acres of the South 160 acres of the North 262 acres of Section 31, Township 41 North, Range 11, East of the Third Principal Meridian (excepting therefrom that part taken for highway purposes) in cook county, Illinois. There are no electors residing on said property. (The property is not within the flood plain). Owners of Record: First National Bank of DesPlaines, 733 Lee Street as Trustee under Trust Agreement DesPlaines, Illinois dated June 26, 1973, and known as Trust No. 72131804 827-4411 STATE OF ILLINOIS ) ) SS: COUNTY OF COOK ) The undersigned, being Rirhard P. Millar, Tr„et nffirer of FIRST NATIONAL BANK OF DES PLAINES, as Trustee, under Trust Agreement dated June 26, 1973 and known as Trust No. 72131804, hereby executes this Petition for Annexation to the village of Elk Grove upon the written direction of TERRENCE A. BOLGER, its sole beneficiary, as Trustee, aforesaid, said direction having been duly submitted to the Trustee. Dated this 27 day of September, 1977. FIRST NATIONAL BANK OF DES PLAINES As Trustee, afore/saiidd, By: _.��/b' G 901-U& Its Trust Officer Subscribed and sworn to efore me this 27th day of eptemb 977. Notary/P c-' 1 ) 1 � o STATE OF ILLINOIS ) ) SS: COUNTY OF COOK ) TERRENCE A. BOLGER, being first duly sworn, deposes and states that he is the sole beneficiary of Trust No. 72131804 with FIRST NATIONAL BANK OF DES PLAINES and that as such, he directed the Trustee to execute the Petition for Annexation to which this statement is attached. Affiant further states upon oath that he has read the foregoing Petition and that the same is true and correct in all respects. Dated this 27th day of September, 1977. TERRENCE A. 86LGEV Subscribed and sworn before me this_27 day of Qptember, ;,"77.