S-34 - 10/27/1961 - AGREEMENT - Ordinances 5 � ORD INANCE FOR RENDVAL OF YORK CEMEMY
AND ITS ACCESS ROAD
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WHEREAS, the Village of Oak Brook has received a letter
dated October 25, 1961 from the York Cemetery Association, signed
by Karl K. Kusreaa, Jr., as President, requesting the Village to
enact an ordinance to remove and abandon York Cemetery, vacating
the cemetery and its plats, and to make provision for the removal
of bodies buried in York Cemetery and their reinterment in other
cemeteries, which said letter is hereby made a part of this
ordinance by reference; and
WHBRBAS, York Cemetery is within the limits of the
Village of Oak Brook and subject to the control and regulation
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of the Village; and
WHEREAS, the Village of Oak Brook has been furnished a
certified copy of a Resolution, duly adopted by the Members of
York Cemetery Association on October 22, 1961, which said
Resolution is hereby made a part of this ordinance by reference;
and
T1fHEREAS, the Village of Oak Brook has been furnished a
certified copy
of a Resolution duly adopted by the Trustees of
York Cemetery Association on October 24, 1961, which said
Resolution hereby is made a part of this ordinance by reference;
and
WHEREAS, the Village of Oak Brook has been furnished a
certified copy of a CONTRACT OF SALE FROM YORK CEMETERY ASSOCIATION
To BUTLZR CWANY dated October 25, 1961, which said document is
hereby made a part of this ordinance by reference; and
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WHEREAS, the land occupied by said cemetery, together
with a partial access road, is legally described as follows:
`.- That part of the West half of the South West quarter of
Section 24, Township 39 North, Range 11, East of the Third
Principal Meridian, described as follows: a
Cosescimg at a point
being North 42 degrees East from the South West corner of Section
249 12 chains distant and running North
three fourths degrees
9.56 chains to a stake; thence Sou th 85 and
East 2.62 chains; thence South 2 and one half degrees West 4.67
chains; thence South 52 degrees West 7.71 chains along Creek;
thence North 48 degrees West 3.75 chains to the place of beginning,
in DuPage County, Illinois,
ALSO
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That part of the South West quarter section 24an,�ship
39 North, Range 11, Bast of the Third Pa
cribed as follows: Comencing at the most North Easterly corner
of the property of York Cattatery .Association; thence West along
the North line of said cemetery property 137.3 feet to the place
of beginning; thence continuing West along said line aforesaid,
33 feet, more or less, to Westerly line of the Cemetery Road;
thence forth 16 degrees West 997.26 feet to the center line of
Barger Road; thence Bast along said center line to Easterly line
of aforesaid cemetery road; thence South Easterly along Easterly
line of said cemetery road, said line running South 15 degrees
29 minutes East a distance of 989.1 feet to the place of be-
ginning, in DuPage County, Illinois; and
WHEREAS, Affidavits have been filed by the following
neglected
POOP with the Village of Oak Brook concerning the ne g
and unkempt condition of the land occupied by said cemetery, which
said Affidavits are hereby made a part of this ordinance by
reference:
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1. Captain David Ott, Chief of Police, Village of
Oak Brook.
2. Sergeant Curtis McCullough, Member of the Police
Force of the'Village of Oak Brook.
a resident of
Krueger ,
3. Ann C. i
O&E Brook.
4 Mrs J Armstrong , a resident of
Oak Brook.
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_2_ I
a
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S• n rnw ll , a resident of
. York Township
b. Joseph C. Nessel] , a resident of
York township; and
WHEREAS, these Affidavits establish that said cemetery
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land is in a deplorable, unsightly and rtm-down condition and
that in such condition it is creating a hazard to the public
health, safety and welfare of the community; and
W=BEAS, these Affidavits further establish that the
said property is an abandoned burial ground with grave stones
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being off their foundations and the inscriptions on same, in most
instances, being illegible, and with none of the graves being
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tended to in any manner; and
WHEREAS, there have been no recent burials an said j
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property, practically all burials having been made prior to 1904.
Burials since then have been very few, the last two having been
made in 1932 and 1942 respectively; and
WHEREAS, said Affidavits further establish that teen-
agers have been using the area as a "hovers Lane"; and
WHEREAS, the President and Trustees of the Village of
Oak Brook have visited the cemetery themselves and know the
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condition of the cemetery to be as set forth in the Affidavits
and of such a nature as to constitute a public nuisance and 1'
it
hazard to the community; and ,
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WHEREAS, the access road from the North line of the
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cemetery to Harger Road has been severed by the construction of
the Illinois Toll Highway so that there is no means of ingress '
or egress from a public highway to the cemetery; and
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WHSRM, it appears that the York Cemetery Association
has poorly managed the cemetery and that said managesent is not
likely to improve; and
WHEREAS, no interest has been shown on the part of
relatives or next of kin of persons buried in the cemetery to
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tend their graves; and
WHERgAS, certain photographs have been recently taken,
depicting said neglected, eroded and abandoned condition, which
photographs, being e_leve_, in wmber, are adopted and made a
part of this ordinance by reference; and
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WHRREA"S, the properties surrounding said cemetery and
its access road have been zoned for industrial use by the Village
of Oak Brook and such use will conflict with the continued use of
said cemetery for cemetery purposes; and
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WHEREAS, due to all of the foregoing, it appears that
the cemetery no longer resembles 'a cemetery, that it is unlikely
that the cemetery will be improved, and that the present state
of its condition as a cemetery constitutes a public nuisance and
a hazard to the commmity;
NOW, THEREFORE, BE IT ORDAIIO:D, by the President and
the Board of Trustees of the Village of Oak Brook, DuPage County,
Illinois, that:
SECTION 1: The cemetery properties as hereinafter set forth
and the use of said properties as a cemetery are hereby declared
to be a public nuisance and to constitute a menace to the health,
welfare and general morals of the Village of Oak Brook, DuPage
County, Illinois:
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That part of the West half of the South hest quarter of
Section 240 Township 39 North, Range 11, East of the Third
Principal Meridian, described as follows: Co®encing at a point
being North 42 degrees Bast from the South West corner of Section
249 12 chains distant and running thence North 42 degrees East
9.56 chains to a stake; thence South 85 and three fourths degrees
East 2.62 chains; thence South 2 and one half degrees West 4.67
chains; thence South 52 degrees Nest 7.71 chains along Creek;
thence North 48 degrees west 3.75 chains to the place of be-
ginning, in DuPage County, Illinois,
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ALSO
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That part of the South West quarter of Section 24, Township
29 North, Range 11, East of the Third Principal Meridian, des-
cribed as follows: c m anaing at the most North Easterly corner
of the property of York Cemetery Association; thence West along
the North line of said cemetery property 137.3 feet to the place
of beginning; thence continuing West along said line aforesaid;
33 feet, more or less, to Westerly line of the Cemetery Road;
thence Borth 16 degrees West 997.26 feet to the center line of
Barger Road; thence East along said center line to Easterly line
of aforesaid cemetery road; thence South Easterly along Easterly
line of said cemetery road, said line running South 15 degrees
29 minutes East a distance of 989.1 feet to the place of be-
ginning, in DuPage County, Illinois.
SECTION 2: In order to abate said nuisance and pursuant to
the powers vested in the Village of Oak Brook by the laws of the
State of Illinois, said burial and cemetery grounds, including
the recorded plats of the cemetery, the various lanes shown
thereon, and the access road extending from the North line of the
cemetery to Barger Road, are hereby removed and vacated.
SECTION 3: The removal or disinterment from the said
cemetery and the reinterment in other cemeteries of all of the
bodies buried therein shall be in accordance with the terms and
provisions of the CONTRACT OF SALE FROM YORK CF.MBTERY ASSOCIATION
TO BUTTER COMPANY dated October 25, 1961, a copy of which is in-
corporated in this ordinance by reference.
SECTION 4: That all Ordinances or parts of Ordinnances in
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conflict with the provisions of this Ordinance be and the sacs
are hereby repealed.
SEC1I0'N 5: This Ordinance shall be in fall force and effect
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from and after its passage and approval, as provided by law.
PASSED this 27th day of October, 1961.
WILLIAM C. CALMN, TRUSTEE
BuuM K. O'BEIEN, TRUSTEE
JAMES CARLSY, TRUSTEE
PETSB X. Dd1 , TRUSTEE
R. 0. MEN j JA. , TRUSTEE e=�u,-.-t
ROY ROSS)"s TRUSTEE
RAYS: dose
ABSENT: Nuum d.► Twv
APPROVED by so this 27th day of October, 1961.
President, Village of Oak Brook,,
DuPage County, Illinois
AT I NTED and filed in my office
this 27th day of October, 1961.
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Village Clerk
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