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Home My WebLink About2021-5 Sleepy Hollow Ordinance No. 2021-5 AN ORDINANCE DISCONNECTING CERTAIN TERRITORY FROM THE VILLAGE OF SLEEPY HOLLOW, KANE COUNTY, ILLINOIS (Randy's Farm Parcels / 15 N 440 Randall Road) WHEREAS, the Illinois Municipal Code provides that on a petition in writing, signed by at least one-half of the electors and one-half of the owners of record of land in any territory, not exceeding in area 160 acres, situated within any municipality, which territory is contiguous to another municipality, the Corporate Authorities of the municipality within which the territory is situated, may consent, by ordinance, that such territory be disconnected from the municipality and annexed to the other municipality to which the territory is contiguous. WHEREAS, the Illinois Municipal Code also provides that upon the filing of a written petition signed by owners of record representing a majority of the area of land in such territory, the Corporate Authorities may be ordinance disconnect said territory form the municipality. WHEREAS, the sole owner of certain property located in the Village has filed with the Village Clerk an appropriate Petition for Disconnection as of March 2, 2021 specifically describing therein the territory to be disconnected, consisting of less than 160 acres, and contiguous to the City of Elgin, and signed by Chicago Land Trust Company, as Successor Trustee to LaSalle Bank N.A. as Successor Trustee to American National Bank and Trust Company of Chicago, as Successor Trustee to First United Trust Company, as Trustee under Trust Agreement dated December 11, 1987, known as Trust No. 1814, as the sole owner of said territory; and WHEREAS, a certificate of the Kane County Clerk, showing that all taxes and assessments due on the property have been paid, was filed with the Village Clerk on March 2, 2021; and WHEREAS, the property identified in the Petition is legally described as follows: See Attached Legal Description WHEREAS, the territory in question is the subject of a certain Intergovernmental Agreement for Jurisdictional Boundaries by and between the Village and the City of Elgin, dated August 30, 2005, which specifically provided as follows.- Upon proper filing by the owners of record of a majority of said territory, the Village of Sleepy Hollow Corporate Authorities will...enact an ordinance disconnecting same and the same shall be annexed to the City of Elgin 1 WHEREAS, said Petition for Disconnection was filed with the Village Clerk more than thirty (30) days prior to consideration of the matter and/or enactment of this Ordinance by the Corporate Authorities of the Village; and WHEREAS, the Corporate Authorities in accordance with its prior agreement, and pursuant to the provisions of the Illinois Municipal Code, §7-3-4, and §7-1-24, find it appropriate at this time to disconnect said territory from the Village, contingent upon its annexation to the City of Elgin. NOW THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF SLEEPY HOLLOW, KANE COUNTY, ILLINOIS, AS FOLLOWS: Section 1. The following legally described terri°ory. as descrbec in the Petition for Disconnection identified above and as set forth on Exhibit 'A" attached hereto and incorporated herein by this reference, shall be and is disconnected from the Village: PINs: 03-30-400-007 and 03-30-400-006 Common Address: 15 N 440 Randall Road, Sleepy Hollow, IL Section 2. This ordinance is specifically contingent upon annexation of the territory described herein to the City of Elgin, in accordance with §7-1-24 of the Illinois Municipal Code, and recording of such annexing ordinance and an accurate map thereof with the Office of the Kane County Recorder. Section 3. A certified copy of this Ordinance shall be delivered to the Clerk of the City of Elgin and to the Petitioner promptly after enactment; and upon satisfying the requirements of Section 2 hereof, the Petitioner may i) record this Ordinance in the Office of the Kane County Recorder; and ii) file it in the Office of the Kane County Clerk; provided, Petitioner shall also file a copy of any such recording or filing information with the Village Clerk. Section 4. Any motion, order, resolution, or ordinance in conflict with the terms and provisions of this Ordinance shall be and is, to the extent of such conflict, hereby superseded. Section 5. If any section, subdivision, sentence or phrase of this Ordinance is for any reason held to be void, invalid, or unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance. Section 6. This Ordinance shall become effective upon its passage and approval according to law, subject to annexation of the territory described herein to the City of Elgin, and recording of this ordinance and the City of Elgin ordinance so annexing the territory. 2 ADOPTED THIS 5th DAY OF APRIL, 2021. AYES: Anthony Piraino, Steven DeAtley, Joseph Nemec, Edward Harney NAYS: None ABSENT: Donald Ziemba 1-14oMAS NE:KKEL- ABSTAIN: None APPROVED THIS 5th DAY OF APRIL,20\21. Stephan Pickett Village President ATTEEST: I � i Anthony Mills Village Clerk 3 I ' Exhibit "A" to Ordinance No. 2021 - 5 Legal Description That part of the Southeast Quarter of Section 30, Township 42 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northwest corner of the said Southeast Quarter;thence South 88 degrees 52 minutes 08 seconds East, along the line of said Southeast Quarter, a distance of 1598.84 feet to a line that is 1050 feet (measured at a right angles) westerly of and parallel with the East line of the said Southeast Quarter for the point of beginning; thence South 01 degrees 58 minutes 34 seconds West, along said parallel line, a distance of 700.08 feet to a line that is 700.08 feet (measured at right angles) Southerly of and parallel with the North line of said Southeast Quarter;thence South 88 degrees 52 minutes 08 seconds East,along said parallel line,a distance of 978.89 feet to the westerly line of the Illinois State Toll Highway Commission Parcel No.N- 4d-56.2; thence North 02 degrees 40 minutes 31 seconds East, along said westerly line, a distance of 159.44 feet to the Northwest corner of said Parcel No. N4d-56.2; thence South 88 degrees 46 minutes 48 seconds East, along the northerly line of said Parcel No. N4d-56.2, a distance of 35.00 feet to the westerly right of way line of Randall Road per Document No. 570171; thence North 01 degrees 57 minutes 52 seconds East, along the said westerly right of way line, a distance of 541.95 feet to the aforesaid North line of the Southeast Quarter; thence North 88 degrees 52 minutes 08 seconds West, along said North line, a distance of 1015.72 feet to the point of beginning, excepting therefrom; that part conveyed to the County of Kane by Trustee's Deed dated June 3, 1996 and recorded June 19, 1996 as Document No. 96044321, being situated in Dundee Township,Kane County, Illinois PINs: 03-30-400-007 and 03-30-400-006 Common Address: 15 N 440 Randall Road, Sleepy Hollow, IL 60118 4 CERTIFICATE / I, Anthony Mills, certify that I am the duly appointed and acting Clerk of the Village of Sleepy Hollow, Kane County, Illinois. I further certify that on April _5_, 2021, the Corporate Authorities of the Village of Sleepy Hollow passed and the Village President approved Ordinance No. 2021 - _5_, entitled. AN ORDINANCE DISCONNECTING CERTAIN TERRITORY FROM THE VILLAGE OF SLEEPY HOLLOW, KANE COUNTY, ILLINOIS (Randy's Farm Parcels 115 N 440 Randall Road) and that the attached copy of same is a true and accurate copy of the original such Ordinance on file with the Clerk of the Village of Sleepy Hollow, Kane County, Illinois. This Certificate dated this _6th, day of_April 2021. zz fit o Mills Village Clerk 5 y� State of Illinois ) SS County of Kane ) Filing Certificate I, the undersigned, do hereby certify that I am the duly qualified and acting County Clerk of Kane County, Illinois, and as such official I do further certify that on the day of , 2021, there was filed in my office a duly certified copy of Ordinance No. 21 — entitled: AN ORDINANCE DISCONNECTING CERTAIN TERRITORY FROM THE VILLAGE OF SLEEPY HOLLOW, KANE COUNTY, ILLINOIS (Randy's Farm Parcels / 15 N 440 Randall Road) duly adopted by the President and Board of Trustees of the Village of Sleepy Hollow, Kane County, Illinois, on the day of , 2021, and that the same has been deposited in the official files and records of my office. In Witness Whereof, I hereunto affix my official signature and the seal of said County, this day of , 2021. County Clerk Kane County, Illinois 6 STATE OF ILLINOIS COUNTY OF KANE VILLAGE OF SLEEPY HOLLOW CERTIFICATE I, Anthony Mills, DO HEREBY CERTIFY that I am the Village Clerk in and for the Village of Sleepy Hollow and that the attached documents are a true and correct copy of the village ORDINANCE 2021-5 AN ORDINANCE DISCONNECTING CERTAIN TERRITORY FROM THE VILLAGE OF SLEEPY HOLLOW, KANE COUNTY, ILLINOIS (Randy's Farm Parcels / 15 N 440 Randall Road), which was adopted by the Sleepy Hollow Board of Trustees on the 5 h Day of April 2021. Dated this 9t`day of September 2021. ♦ • . , Anthony ills Village erk