HomeMy WebLinkAboutOrdinances - 21-37 - 07/19/2021 - Fence Variation - 3112 W Lincoln, MunsonCITY OF MCHENRY
MCHENRY COUNTY
STATE OF ILLINOIS
Ordinance 21-37
An Ordinance Granting a Fence Variation to Munson Properties IV
LLC, and Indemnification Agreement Relating to 3112 W. Lincoln
Road
Passed by the
Mayor and City Council
Of the
City of McHenry
McHenry County
State of Illinois
July 19, 2021
Published in pamphlet form by authority of the Mayor and City Council of the City
of McHenry, McHenry County, Illinois this 20 day of July, 2021.
ORDINANCE NO.21-37
An Ordinance Granting a Fence Variation to Munson Properties IV LLC,
and Indemnification Agreement Relating to 3112 W. Lincoln Road
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule
municipality as contemplated under Article VII, Section 6, of the Constitution of the State of
Illinois, and the passage of this Ordinance and Indemnification Agreement constitutes an
exercise of the City's home rule powers and functions as granted in the Constitution of the State
of Illinois; and
WHEREAS, a fence variance was requested by the title holder of 3112 W. Lincoln
Rd., ("Subject Property") Munson Properties IV LLC ("Owner"), to allow a 5' setback along
Lincoln Road in lieu of the 30' City Code required setback and permission to construct a portion
of the fence off the Subject Property.
WHEREAS, the Owner intends to construct a perimeter fence on the Subject Property
and partially within and across an adjacent and privately owned parcel of land, referenced as
"River Court Encroachment" on the attached drawing prepared by Rooney Consultants, Inc. and
dated March 24, 2021. After a diligent search by the Owner, the owner of the River Court
Property has not been ascertained. Notwithstanding, the Owner desires to construct its fence
partially on the River Court Encroachment and the City will only permit this construction upon
the execution of this Ordinance and Indemnity Agreement by the Managing Member(s) of the
Owner, in their individual capacities.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
McHenry, McHenry County, Illinois, as follows:
SECTION 1: A fence variance shall be granted to Munson Properties IV LLC, 3112 W
Lincoln Road to allow a 5' front yard setback in lieu of the required 30' to place a 8' tall cyclone
fence with privacy slats.
SECTION 2: In perpetuity, the undersigned individuals hereby agree to indemnify,
defend, and hold the City of McHenry, its elected officials, officers, employees and agents,
harmless from any and all lawsuits filed, claims, demands, losses, damages, actions and liability
(including costs and all attorney fees) to or by any and all persons or entities, including, without
limitation, their respective agents, relatives, licensees, or representatives, arising from, resulting
from, or connected with any persons or entities claiming ownership in the River Court
Encroachment or this Ordinance and Agreement. This Ordinance and Indemnity Agreement
shall run with the land and a copy shall be filed in the Office of the Recorder of Deeds, McHenry
County, Illinois.
SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this
Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment
shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain
and continue in full force and effect.