Loading...
S-34 - 10/27/1961 - AGREEMENT - Ordinances 5 � ORD INANCE FOR RENDVAL OF YORK CEMEMY AND ITS ACCESS ROAD Z3 ' II 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 t I 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 4' 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 I 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: i 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. I _2_ I a ! T 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 i 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 i i being off their foundations and the inscriptions on same, in most instances, being illegible, and with none of the graves being i tended to in any manner; and WHEREAS, there have been no recent burials an said j i I 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 f' 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 , E WHEREAS, the access road from the North line of the f; 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 I -3- k; ; I is i'• i ^ j I 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 l 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 i 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 i 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: -4- 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, i ALSO i 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 -5- i 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 I 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. i Village Clerk -6- f I