S-46 - 09/11/1962 - AGREEMENT - Ordinances -S--4G ' "rh14&s+oA)
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ORDINANCE FOR REMOVAL s'....q 7 A LS V
OF THURSTON CEMETERY I q (P�
WHEREAS, the Village of Oak Brook has received a letter dated September
5, 1962 from George Bunge, Theodore Truske and David Auble, Successor Trustees
under Item Third of the Last Will and Testament of David Thurston, deceased,
requesting the Village to enact an ordinance to remove and abandon Thurston
Cemetery, vacating the Cemetery and its plats, and to make provision for the
removal of bodies buried in Thurston Cemetery and their reinterment in other
cemeteries, which said letter is hereby made a part of this ordinance by
reference; and
WHEREAS, Thurston Cemetery is within the limits of the Village of
Oak Brook and subject to the control and regulations of the Village; and
WHEREAS, the Village of Oak Brook has been furnished a copy of CONTRACT
OF SALE FROM GEORGE BUNGE, THEODORE TRUSKE, AND DAVID RUBLE, SUCCESSOR TRUSTEES
OF THURSTON CEMETERY UNDER THE LAST WILL AND TESTAMENT OF DAVID THURSTON,
DECEASED, TO BUTLER COMPANY, dated September 5, 1962, which said document is
hereby made a part of this Ordinance by reference; and
WHEREAS, the land occupied by said Cemetery is legally described as
follows :
That part of the East half of the Southwest quarter of Section
27, Township 39 North, Range 11, East of the Third Principal
Meridian, DuPage County, Illinois, described as follows :.
The North 132.00 feet of the East half of the Southwest quarter
of said Section 27, as measured along the West line thereof, of
the West 150.00 feet of the East half of the Southwest quarter
of said Section 27, as measured along the North line of the
Southwest quarter of Section 27, except that part previously
dedicated for highway purposes (Midwest Road), in DuPage County,
Illinois;
and
WHEREAS, Affidavits have been filed by the following people with the
Village of Oak Brook concerning the neglected and unkempt condition of the
land occupied by said Cemetery, which said Affidavits are hereby made a part
of this Ordinance by reference:
1. Richard Siudzinski, Chief of Police, Village of Oak Brook.
2. Harold Walthers, a Member of the Police Force in the Village of
Oak Brook.
3. Ann C. Krueger, a resident of Oak Brook.
4. Robert DeWitt, a resident of York Township; and
WHEREAS, these Affidavits establish that said Cemetery land is in a
deplorable, unsightly, and run-down condition and that in such condition it
is creating a hazard to the public health, safety and welfare of the
community; and
WHEREAS, these Affidavits further establish that the said property is
an abandoned burial ground with gravestones being off their foundations, and
the inscriptions on same, in most instances, being illegible, and with none
of the graves being tended to in any manner; and
WHEREAS, said Affidavits further establish that teen-agers have been
using the area as a "Lover's Lane"; and
WHEREAS, the President and Trustees of the Village of Oak Brook have
visited the Cemetery themselves and know the condition of the Cemetery to be
as set forth in the Affidavits, and of such a nature as to constitute a public
nuisance and a hazard to the community; and
WHEREAS, it appears that the Thurston Cemetery has been poorly managed
and that said management 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 tend their graves; and
WHEREAS, certain photographs have been recently taken, depicting said
neglected, eroded and abandoned condition, which photographs being twenty-five
in number, are adopted and made a part of this Ordinance; and
WHEREAS, the properties surrounding said Cemetery have been zoned for
single family residence by the Village of Oak Brook and such use will conflict
with the continued use of said Cemetery for Cemetery purposes; and
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 hazard to the community;
NOW, THEREFORE, BE IT ORDAINED, 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 :
- -2-
That part of the East half of the Southwest quarter of Section
27, Township 39 North, Range 11, East of the Third Principal
Meridian, DuPage County, Illinois, described as follows :
The North 132.00 feet of the East half of the Southwest quarter
of said Section 27, as measured along the West line thereof, of
the West 150.00 feet of the East half of the Southwest quarter
of said Section 27, as measured along the North line of the
Southwest quarter of Section 27, except that part previously
dedicated for highway purposes (Midwest Road), 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 are hereby removed and vacated.
SECTION 3: The removal or disinterment from 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
GEORGE BUNGE, THEODORE TRUSKE, AND DAVID RUBLE, SUCCESSOR TRUSTEES OF THURSTON
CEMETERY UNDER THE LAST WILL AND TESTAMENT OF DAVID THURSTON, DECEASED, TO BUTLER
COMPANY, dated September 5, 1962, a copy of which is incorporated in this
Ordinance by reference.
SECTION 4: That all Ordinances or parts of Ordinances in conflict with
the provisions of this Ordinance be and the same are hereby repealed.
SECTION 5: This Ordinance shall be in full force and effect from and
after its passage and approval, as provided by law.
Passed this 11th day of September, 1962.
WILLIAM C. CALHOUN, TRUST
EDWARD K. O'BRIEN, TRUSTEE �--
r ,
JAMES CARLEY, TRUSTEE
PETER H. DAHMLOW, TRUSTEE' y r_y
H. 0. OWEN, JR., TRUSTEE
ROY ROSSMAN, TRUSTEE ,
a� 7
NAYS: 0
ABSENT: G
APPROVED by me this 11th day of September, 1962.
resident, Vil age of Oak Brook,
DuPage County, Illinois
ATTESTED and filed in my office
this 11th day of September, 1962.
Village Clerk
With
York Township
September 5, 1962
To the President and
Trustees of the Village
of Oak Brook
Du Page County, Illinois
Gentlemen:
Please accept this letter as a written request of
George Bunge, Theodore Truske and David Auble, Successor Trustees
under Item Third of the Last Will and Testament of David Thurston,
deceased, to the Village of Oak Brook, for the enactment by the
Village of Oak Brook of an Ordinance abandoning Thurston Cemetery
and vacating the Cemetery and its plats thereof and making
provision for the removal of bodies buried in Thurston Cemetery
and reinterment in other cemeteries.
Very truly yours,
4
t
l"
Successor Trustees under Item Third
of the Last Will and Testament of
David Thurston, deceased
Wt+v%
CONTRACT OF SALE FROM GEORGE BUNGE,
THEODORE TRUSKE, AND DAVID AUBLE,
SUCCESSOR TRUSTEES OF THURSTON CEMETERY
UNDER THE LAST WILL AND TESTAKENT OF
DAVID THURSTON2 DECEASED, To BUTLER Cot4pANy
WHEREAS, Geor-e Bunge, Theodore Truske and David Auble are Successor
Trustees of the following described real estate (commonly known as Thurston
Cemetery), pursuant to the provisions of Item Third of the Last Will and
Testament of David Thurston, deceased:
That part of the East half of the Southwest quarter of Section
27, Township 39 North, Range !I, East of the Third Principal,
Meridiau, DuPage County, Illinois, described as follows:
The North 132.00 feet of the East half of the Southwest quarter,
of said Section 27, as measured along the West line thereof, of
the West 150.00 feet of the East half of the Southwest quarter
of said Section 27, as meas-U.red along the Vorth line of the
Southwest quarter of Section 27, except that part previously
dedicated for highway purposes (Midwest Road), in Dupage County,
Illinois,,
and
WHEREAS, Butler Company, an Illinois Corporation, has acquired certain
legal rights in the above described property by virtue of a deed from B.
Swiney and Lillian A. Swine; dated July 1946 alld recorded Juiy 27,, 1946 in
the office of the Recorder of Deeds Of DUPage County as Document Wo. 303091921 -arid
WHEREAS, George Burige, Theodore T:7uske and David Auble, Succes or
Trustees rider the Last Will and Testameat of David Thurston deceased, 'have
no funds to maintain the Cemetery "Located on clie above described real estate;
and
WMEAS, Butler Company is willin, to purchase
the above described real
estate upon the terms and conditions hereinafter set forth.
NM, THEREFORE, it is mutually agreed between the Butler C
omp,any an
!Ilinais Corporation, hereinafter called "Butler- and George Burge, Theodore
Truske and David Auble, 3uccessor Trustees under the provisions of item
Third in the Last Will and Testament of David Thurston, deceased, hereinaf_4er
called "Thurstow', as Zollows:
agrees to make all the necessary arrangements lo;: the
-emoval of all bodies buried iYR the Thurston Cemetery and for their re-interment,
W4LI1 perpetual Care, in the Hinsdale Burial Association Cemetery, or, if
requested '&y Lot Owners or Relatives, in some other cemetery. Such arrangements
will aiso -provide for the removal of gravestones, if feasible and desiz-able amid
their relocation on the new graves or, if desired by the Lot Owners or laelatives,
ac-ar grave markers -will be obtained. The removal and reburial' of the bodies
iaill be supervised by licensed undertakers and appropriate '.-e-burial' religious
C2
services will be held if requested by the relatives or next of kii,,.
2. The entire expense of the foregoing arrang-,ements together with the
necessary fees and expense of the Court proceedings, as hereinaftez- set
forth., recording fees and any other expenses necessary to carry oU.L the term
of this agreemeat, will be paid by :'Butler` for and or, behalf o.'4` "Thurston- ''.
"'Butler- and ;Thurston ' hereby agree to use their beat effort$ A.Tj
obtaining the necessary consents of Relatives and Lot '011wners for the zemoval of
the bodies as hereinafter set: forth and for the re--conveyance of aljl lots ij,
the cemetery to *'Thurston".
- 4. `Vhuraton ` hereby agrees to request, in writiszS, thy: Vil"Llage of Oak
Brook to enact an ordinance abandoning Thurston Cemetery and vacating the
Cemetery and its plats and providing for the removal of bodies buried in Thurston
Cemetery and re-interment Jn other cemeteries.
fur her agrees; after the proper ernactment of the fore-
3oing ordinance by the Village of Oak Brook, to file a complaint ku.-,i equity
in its name in the Circuit Court of DuPage County for authority to cortvey
said cemetery lands i:c ''Butler" and for the validatjojfi -by the Cou,.t of ail
of the acts and proceedings of 'Thiarston", ''Butler j' and the Vit aff)e of Oak
Brook
so that as good, and merchantable title will vest in 'Butier`', upon the
recordation of "Thurston's", deed,
6. This contract is hereby execti,;ted in duplicate by Lhe parties hereto
wqd each shall 6e considered an origunal, one cOPY Of Whim 311011 'be delivered
to :'Butler" as the other to 7hursLoyj".
Exec°meted this day of September, 1962, by George Bunge,
Theodore Truske, and David Able, Successor Trustees under the provisions 02
Item Third Of the Last Will and Testament of David Thurstou, deceased.
Suc scam Trust-A '
*T-7
Successor Trustee
kAjj j_ (It L
Succes�;or Trustee
Executed this S/wt— day of September, 1962 by BUTLER UNPANY' arx
Illinois Corporation.
BUTLER COMPAW
1
President
IATTEST:
I
Secretary
W
S-�rC,p
STATE OF ILLINOIS )
SS
COUNTY OF DU PAGE )
AFFIDAVIT
I, RICHARD SIUDZINSKI, being first duly sworn upon oath,
depose and say that I am Chief of Police of the Village of Oak Brook,
Illinois.
As Chief of Police of the Village of Oak Brook, Illinois, I
am making the following statements:
1) The Thurston Cemetery, located in the Village on the
east side of Midwest Road, mid-way between 31st Street and Cermak
Road, is in a deplorable, unsightly and run-down condition. In this
condition it is creating a hazard to the public health, safety and welfare
of the community.
2) There have been numerous instances of vandalism in the
Cemetery and on numerous occasions, especially after dark.
3) In its present condition the Cemetery is creating an
"attractive nuisance'? for small children.
Further deponent sayeth not.
;SEAL)
Subscribed and sworn to
before me this ay
of September, 1962,
Notary Public
W14 k S- 44
STATE OF ILLINOIS )
) SS
COUNTY OF DU PAGE )
AFFIDAVIT
I, HAROLD WA.LTHERS, being first duly sworn upon oath,
depose.-and say:
That I am a member of the Police Force of the Village of
Oak Brook, Illinois.
As a member of the Police Force of the Village of Oak Brook,
Illinois, I am making the following statements:
1) The Thurston Cemetery, located in the Village on the
east side of Midwest Road, mid-way between 31st Street and Cermak Road,
is in a deplorable, unsightly and rundown condition. In this condition
it is creating a hazard to the public health, safety and welfare of the
community.
7) There have been numerous instances of vandalism in the
Cemetery and on numerous occasions, especially after dark.
3) In its present condition the Cemetery is creating an
"attractive nuisance" for small children.
Further deponent sayeth not.
� J (SEAL
)
Subscribed and sworn to
before me thisZday
of September, 1962.
i
Notary Public /� "
With �
STATE OF ILLINOIS )
SS
COUNTY OF DU PAGE )
AFFIDAVIT
I, ANN C. KRUEGER, being first duly sworn upon oath, depose
and say:
That I am a resident of the Village of Oak Brook, Illinois,
residing at Midwest Road, Route #2.
As a resident of the Village of Oak Brook, Illinois, I am
making the following statements :
1) The Thurston Cemetery, located in the Village on the east
side of Midwest Road, mid-way between 31st Street and Cermak Road, is in
a deplorable, unsightly and run-down condition. In this condition it is
creating a hazard to the public health, safety and welfare of the community.
2) There have been numerous instances of vandalism in the
Cemetery and on numerous occasions, especially after dark, teen-agers have
had to be ejected from the Cemetery.
3) In its present condition the Cemetery is creating an
"attractive nuisance1° for small children, who are constantly entering the
Cemetery and who are in grave danger of injuring themselves by so doing.
This Affidavit is furnished by the Affiant by reason of a feeling
that the Cemetery constitutes a hazard to the residents in the community,
with little or no likelihood that the abandoned and neglected condition of
the Cemetery will be improved, but that the same will continue to become
progressively worse.
Further deponent sayeth not.
(SEAL)
Subscribed and swo to
before me this day
of September96
s 12.
Notary u lic
f
STATE OF ILLINOIS )
SS
COUNTY OF DU PAGE )
.AFFIDAVIT
I, ROBERT DE WITT, being first duly sworn upon oath, depose
and say:
That I reside at 2718 Oak Brook Road, York Township.
As a resident of York Township, I am making the following
statements :
1) The Thurston Cemetery, located in the Village of Oak Brook
on the east side of Midwest Road, mid-way between 31st Street and Cermak
Road, is in a deplorable, unsightly and run-down condition. In this
condition it is creating a hazard to the public health, safety and welfare
of the community.
2) There have been numerous instances of vandalism in the
Cemetery and on numerous occasions, especially after dark, teen-agers have
had to be ejected from the Cemetery.
3) In its present condition the Cemetery is creating an
"attractive nuisance" for small children, who are constantly entering the
Cemetery and who are in grave danger of injuring themselves by so doing.
This Affidavit is furnished by the Affiant by reason of a feeling
that the Cemetery constitutes a hazard to the residents in the community,
with little or no likelihood that the abandoned and neglected condition of
the Cemetery will be improved, but that the same will continue to become
progressively worse.
Further deponent sayeth not.
(SEAL)
Subscribed and swo n- to
before me this C-f4, ay
of September, 1962.
Notary Public l
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