HomeMy WebLinkAboutOrdinances - 20-12 - 03/16/2020 - Heidner SubdivisionMail to:
McHenry City Clerk
333 S Green St
McHenry, IL 60050
mlohnson@citvofmchenry.org
Prepared By:
McHenry City Clerk
333 S Green St
McHenry, IL 60050
COVER SHEET
Ordinance 20-12
An Ordinance Approving a Plat of Vacation and Plat of Easement for Heidner
Subdivision Located at the Northwest Corner of Chapel Hill Road and Illinois
Route 120
CITY OF MCHENRY
MCHENRY COUNTY
STATE OF ILLINOIS
Ordinance 20-12
An Ordinance Approving a Plat of Vacation and Plat of Easement for Heidner
Subdivision Located at the Northwest Corner of Chapel Hill Road and Illinois
Route 120
Passed by the
Mayor and City Council
Of the
City of McHenry
McHenry County
State of Illinois
March 16, 2020
Published in pamphlet form by authority of the Mayor and City Council of the City
of McHenry, McHenry County, Illinois this 17th day of March, 2020.
ORDINANCE NO. 20-12
AN ORDINANCE APPROVING A PLAT OF VACATION AND PLAT OF EASEMENT FOR HEIDNER
SUBDIVISION LOCATED AT THE NORTHWEST CORNER OF CHAPEL HILL ROAD AND ILLINOIS
ROUTE 120
WHEREAS, Stormwater Management Easements, Municipal Access Easements, and
Municipal Utility Easements exist on part of Lots 1 and 2 in Heidner Properties Subdivision, a
Subdivision of part of the Southeast Quarter of Section 25 and the Northeast quarter of Section
36, all in Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat
thereof recorded January 3, 2018, as Document No. 2018110000272, in McHenry County, Illinois.
WHEREAS, due to the planned construction of a new facility at the northwest corner of
Chapel Hill Road, and as part of the plan review process and shifting of the building at the
northwest corner, various easements are required to be moved and relocated.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
MCHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS:
SECTION 1: That the attached Plat of Vacation be approved, which states the
Stormwater Management Easements, Municipal Access Easements, and Municipal Utility
Easements shown and designated as "Hereby Vacated" on the attached Plat of Vacation for part
of Lots 1 and 2 in Heidner Properties Subdivision, a Subdivision of part of the Southeast Quarter
of Section 25 and the Northeast quarter of Section 36, all in Township 45 North, Range 8 East of
the Third Principal Meridian, according to the Plat thereof recorded January 3, 2018, as
Document No. 2018110000272, in McHenry County, Illinois, are hereby vacated.
SECTION 2: That the attached Grant of Easement, which states the Stormwater
Management Easements, Municipal Access Easements, Municipal Utility Easements and Private
Water Service Easements as shown hereon across part of Lots 1 and 2 in Heidner Properties
Subdivision, a Subdivision of part of the Southeast Quarter of Section 25 and the Northeast quarter of
Section 36, all in Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat
thereof recorded January 3, 2018, as Document No. 2018110000272, in McHenry County, Illinois, is hereby
approved.
SECTION 3: The City Clerk is hereby directed to cause a certified copy of this ordinance,
together with said plats, to be recorded in the Office of the Recorder of Deeds of McHenry
County, Illinois.
SECTION 4: This Ordinance shall be published in pamphlet form by and under the
authority of the corporate authorities of the City of McHenry, McHenry County, Illinois.
SECTION 5: This Ordinance shall be in full force and effect from and after its passage,
approval, and publication in pamphlet form as provided by law.
Passed this 16th day of March, 2020.
Ayes
Alderman Devine
X
Alderman Glab
k
Alderman Harding
Alderman Mihevc
X
Alderwoman Miller
JX
Alderman Santi
x
Alderman Schaefer
X
Wayn J t, Mayor
Nays Absent Abstain
6-A
Trisha Ramel, City Clerk
STATE OF ILLINOIS )
COUNTY OF MCHENRY )
CERTIFICATION
I, Monte Johnson, do hereby certify that I am the duly appointed, acting and qualified
Deputy City Clerk of the City of McHenry, McHenry County, Illinois, and that as such City Clerk,
I am the keeper of the records and minutes and proceedings of the Mayor and Aldermen of said
City of McHenry.
I do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City
of McHenry, held on the 16th day of March, 2020, the foregoing Ordinance entitled An Ordinance
Approving a Plat of Vacation and Plat of Easement for Heidner Subdivision Located at the
Northwest Corner of Chapel Hill Road and Illinois Route 120 was duly passed by the City Council
of the City of McHenry.
The pamphlet form of Ordinance Number 20-12, including the Ordinance and a cover sheet
thereof, was prepared, and a copy of such Ordinance was posted in the City Hall, commencing on
the 17th day of March, 2020, and will continue for at least 10 days thereafter. Copies of such
Ordinance are also available for public inspection upon request in the office of the City Clerk.
I do further certify that the original, of which the attached is a true and correct copy, is
entrusted to me as the Clerk of said City for safekeeping, and that I am the lawful custodian and
keeper of the same.
GIVEN under my hand and seal this 17th day of March, 2020.
217" a. 'A�
Monte Johnson, puty City Clerk
City of McHenry,
McHenry County, Illinois
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Land Surveying, Inc.
www.vandersinc.com
1316 N. Madison St.
Woodstock, Illinois 60098
ph. 815-337-8310 fax 815-337-8314
'Always faithful to the property line"
27.55'(R) 10' UTILITY EASEMENT
PER DOC. #296453
100.00'(R) _ (EXCEPTION 12) L O r 3Q
_ 100 00' 10.00'(R)
GRANT OF EASEMENT
The Stormwater Management Easements, Municipal Access Easements, Municipal Utility Easements and
Private Water Service Easements as shown hereon across part of Lots 1 and 2 in Heidner Properties
Subdivision, a Subdivision of part of the Southeast Quarter of Section 25 and the Northeast Quarter of
Section 36, all in Township 45 North, Range 8, East of the Third Principal Meridian, according to the
Plat thereof recorded January 3, 2018, as Document No. 2018R0000272, in McHenry County, Illinois.
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STORMWATER MANAGEMENT EASEMENT (SME)
A Stormwater Management Easement is hereby reserved for and granted
to the City of McHenry Illinois with the areas designated on the plat as
"Stormwater Management Easement" for the collection, conveyance, and
storage of stormwater in areas to be maintained by the owner of the
lot(s) on which the facilities exist in accordance with city ordinances and
the approved final engineering improvements plans. Encroachment of any
kind including landscaping, fences, sheds, or accessory structures within
said easement is prohibited unless the city engineer has determined said
encroachment will not interfere with the proper function of said facilities.
The city shall have the right to enter with personnel and equipment upon
said easement at any time for the purposes of access to and inspection
of the Stormwater facilities located within said easement. If the owner
fails to maintain said facilities and after recei t of notice from the cit
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MUNICIPAL UTILITY EASEMENT
of said failure, the owner fails to make required repairs in a reasonable� NTFD Fq F
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period of time, the city may make the required repairs and seek S
reimbursement from the owner for the costs incurred by the city to Municipal Utility Easement (MUE): An easement for serving the
make the repair and/or file a lien on the property. subdivision and other property with domestic water, sanitary sewer and
is hereby reserved for and granted to the City of McHenry, Illinois, their O
MUNICIPAL ACCESS EASEMENT (MAE) successors and assigns, to install, operate, maintain, relocate, renew and
A non-exclusive Irrevocable and perpetual access easement is hereby remove facilities used in connection with sewer and water mains, in,
reserved and granted to the City of McHenry for ingress and egress to under, across, along, and upon the surface of the property shown on
the areas designated on the plat as "Stormwater Management Easement" the plat within the areas marked as 'Municipal Utility Easement" (M.U.E.) CORPORATE OWNER'S CERTIFICATE
for inspection and maintenance purposes. The City shall have the right to and those parts designated on the plat as dedicated for public street,
enter with personnel and equipment upon said easement at any time for together with the right to cut trim, or remove trees, bushes, and roots
the purposes of accessing the Stormwater Management Easements. as may be reasonably required incident to the rights herein given, and STATE OF ILLINOIS )
the right to enter upon the property for all such purposes. ) S.S.
COUNTY OF McHENRY )
Each individual entity or other party accepting title to all or any part of As owner of the land described hereon, we hereby approve the attached vacation of easements and hereby
= STORMWATER EASEMENT the Municipal Utility Easement (MUE) shall conclusively be deemed to petition the City of McHenry to approve the same.
have covenanted and agreed, jointly and severally, to maintain the
surface of that portion of the Municipal Utility Easement which is Seal (s) this day of A.D., 20
-�- -- E located on such party's property so that it is in good condition for its
` President
�. intended purpose as a Municipal Utility Easement (which maintenance
. �`,-,= shall include, but shall not be limited to, the regular seeding, watering Secretor
MUNICIPAL UTILITY EASEMENT and mowingof all lawns). No titleholder of any part or portion of the y
Municipal Utility Easement (or any party acting on behalf of the
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CITY CLERK CERTIFICATE 3S 3> 0' 1
STATE OF ILLINOIS ) <�
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COUNTY OF McHENRY )
I, City Clerk of the City of McHenry, Illinois,
�== ' ` * NOTARY CERTIFICATE hereby certify that the annexed plat was presented to and by resolution duly '
titleholder) shall: approved by the City Council of said City at its meeting held on /
L_ i t t. �•e ?,
I. Install, construct, erect, place or plant an building, structures, STATE OF ILLINOIS
( L _ L.. L i_ L.. . _ L _._... P y g ) S.S. 20 that all easement vacations depicted hereon were
LwL„ L_L_1_ 1_LL. = MUNICIPAL ACCESS EASEMENT improvements or vegetation (other than grass or approved plantings)
COUNTY OF McHENRY ) accepted by the City Council on said date.
L_L_L_L_ .I. L upon the Municipal Utility Easement, including, but not limited to fences,
-'- ` L_I.-- F - walls, patios, sheds, posts, trees, plants or shrubbery, except as shown In witness thereof 1 have hereto set my hand and seal of the City of McHenry,
"i'� on the approved landscape plan, or I, a Notary Public in and for said County, in the State aforesaid, do Illinois, this day of 20
s i I I i 8
I = l F € hereby certify that personally known to me to be the
c I I I ii. Alter, modify or change in any way the topography or elevations of
PRIVATE WATER SERVICE EASEMENT the Municipal Utility Easement. of corporation, and City Clerk
I,III Y
= I I Said easements may be used for driveways and parking. However, the personally known to me to be the of said corporation,
and personally known to me to be the same persons whose names are subscribed to the foregoing instrument
grade of the subdivided property shall not be altered in any manner so P y P g � g
as to interfere with the proper operation and maintenance thereof, or appeared before me this day in person and severally acknowledged that as CITY ENGINEER CERTIFICATE
CLIENT: THORNTONS, LLC with the surface drainage thereon. The property owner and or the such and signed and delivered the said instrument STATE OF ILLINOIS )
property owner association are completely responsible for landscape S.S.
DRAWN BY: SES CHECKED BY: APG and/or paving restoration, should maintenance of the utility be required. as and of said corporation, and caused the Corporate )
SCALE: 1 "=30' SEC. 25,36 45 Seal of said corporation to be affixed thereto, pursuant to the authority given b the Board of Directors of said COUNTY OF McHENRY )
T. R. 08 E. P P Y 9 Y
BASIS OF BEARING: PER RECORD SUBDIVISION The City of McHenry will not be responsible for repairing water services corporation as their own free and voluntary act, and as the free and voluntary act and deed of said 1, City Engineer of the City of
between the water main, to and including the buffalo box. The property corporation, for uses and purposes therein set forth,Given under my McHenry, Illinois, hereby approve the attached plat of vacation.
P.I.N.: 09-36-226-001&002; 09-25-479-042&043 owner and/or the property owner's association are responsible for the
JOB NO.: 200037-B I.D. PEA restoration of the surface after any such water service repair.Only hand and Notarial Seal this day of A.D., 20 Dated at McHenry, McHenry County, Illinois, this day of . 20
FIELDWORK COMP.: BK. PG. perpendicular crossings of the M.U.E. are permitted by public utilities.
ALL DISTANCES SHOWN IN FEET AND DECIMAL REF 1W995, 160026 The M.U.E.'s are exclusive of the blanket easement. Notary Public My Commission Expires City Engineer
PARTS THEREOF CORRECTED To 68'F. y g•neer
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RECORDER'S CERTIFICATE
STATE OF ILLINOIS )
) S.S.
COUNTY OF McHENRY )
This instrument filed for record in the Recorder's Office of McHenry County, Illinois,
on this day of , 20 A.D.,
at o'clock-M. and recorded as Document
Number
McHenry County Recorder
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SURVEYOR'S CERTIFICATE
STATE OF ILLINOIS )
) S.S.
COUNTY OF McHENRY )
I hereby state that we have platted the premises above described, and that the
plat hereon is a true representation of said description.
MCHENRY PLANNING AND ZONING COMMISSION CERTIFICATE This is not a boundary survey.
STATE OF ILLINOIS ) S.S. Dated at Woodstock, Illinois, this 25th day of February, A.D., 2020.
COUNTY OF MCHENRY)
Arthur P. Gritmacker, No. 035-003857
1 hereby certify that on the annexed plat was VANDERSTAPPEN LAND SURVEYING INC..
presented to and duly approved by the Plan Commission of the City of McHenry. Design Firm No. 184-002792
1316 N. Madison Street
Woodstock, Illinois 60098
Chairman, Planning and Zoning Commission (815) 337-8310
Vanderstappen PLAT OF VACATION
an U-t Veylrig, riC. RECORDER'S CERTIFICATE
www.vandersinc.com
1316 N. Madison St. The Stormwater Management Easements, Municipal Access Easements and Municipal Utility Easements
Woodstock, Illinois 60098shorn hereon and designated as "HEREBY VACATED" across part of Lots 1 and 2 in Heidner Properties STATE OF ILLINOIS
ph.815-337-8310fax 815-337--337-8314 ) S.S.
'A/ways faithful to the property line" Subdivision, a Subdivision of part of the Southeast Quarter of Section 25 and the Northeast Quarter of COUNTY OF McHENRY )
-,O Section 35, all in Township 45 North, Range 0, East of the Third Principal Meridian, according to the This instrument filed for record in the Recorder `s Office of McHenry County, Illinois,
L7.55�R� PER UTILITY EASEMENT Plat thereof recorded January 3, 2018, as Document No. 201BR0000272, in McHenry County, Illinois.
L— — — 100.00` R _ — �`295453 on this day of , 20 , A.D.,
O (EXCEPTION 12) �Or 3�
—100.00'(R)_ --_ 5°x20` ANCHOR EASEMENT
——I,=_210.15 . 'f PER DOC. 2�64 A at o'clock—M. and recorded as Document
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° McHenry County Recorder
5'x2O' ANCHOR EASEMENT
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= EASEMENT AREAS TO BE VACATED
CLIENT: THORNTONS, LLC
DRAWN BY: APG CHECKED BY: WJV
SCALE: 1 "=30' SEC. 25,35 T, 45 ]R. OS E,
BASIS OF BEARING: PER RECORD SUBDIVISION
P.I.N.: 09-36-225-001 &002; 09-25-479-042&043
JOB NO.: 200037—A I.B. PVA
FIELDWORK COMP.: BK. PG.
ALL DISTANCES SHOW IN FEET AND DECIMAL REF: 1»0995, 150026
PARTS THEREOF CORRECTED TO S0' F.
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CORPORATE OWNER'S CERTIFICATE
STATE OF ILLINOIS )
V 12.2'
EASEMENT, PER DOC.
#2018ROo00272
L=247.82'(R/M) R=1224.01'-j
CH=N7615'47"W 247.40'
) S.S.
COUNTY OF McHENRY )
As owner of the land described hereon, we hereby approve the attached vacation of easements and hereby
petition the City of McHenry to approve the some.
Seal (s) this day of A.D., 20
President
Secretary
NOTARY CERTIFICATE
STATE OF ILLINOIS )
S.S.
COUNTY OF McHENRY )
1, . a Notary Public in and for said County, in the State aforesaid, do
hereby certify that personally known to me to be the
of corporation, and
personally known to me to be the of said corporation,
and personally known to me to be the some persons whose names are subscribed to the foregoing instrument
appeared before me this day in person and severally acknowledged that as
such and signed and delivered the said instrument
as and of said corporation, and caused the Corporate
Seal of said corporation to be affixed thereto, pursuant to the authority given by the Board of Directors of said
corporation as their own free and voluntary act, and as the free and voluntary act and deed of said
corporation, for uses and purposes therein set forth,Given under my
hand and Notarial Seal this day of . A.D., 20
Notary Public My Commission Expires
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CITY CLERK CERTIFICATE
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STATE OF ILLINOIS )
S.S
COUNTY OF McHENRY )
I, City Clerk of the City of McHenry, Illinois,
hereby certify that the annexed plat was presented to and by resolution duly
approved by the City Council of said City at its meeting held on
20_, that all easement vacations depicted hereon were
accepted by the City Council on said date.
In witness thereof I have hereto set my hand and seal of the City of McHenry,
Illinois, this day of - 20
City Clerk
CITY ENGINEER CERTIFICATE
STATE OF ILLINOIS )
) S.S.
COUNTY OF McHENRY }
I, City Engineer of the City of
McHenry, Illinois, hereby approve the attached plat of vacation.
Dated at McHenry, McHenry County, Illinois, this day of . 20
City Engineer
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MCHENRY PLANNING AND ZONING COMMISSION CERTIFICATE
STATE OF ILLINOIS
) S.S.
COUNTY OF McHENRY )
I hereby certify that on the annexed plot was
presented to and duly approved by the Plan Commission of the City of McHenry.
Chairman, Planning and Zoning Commission
SURVEYOR'S CERTIFICATE
STATE OF ILLINOIS )
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) S.S.
COUNTY OF McHENRY )
I hereby state that we have platted the premises above described, and that the
plat hereon is a true representation of said description.
This is not a boundary survey.
Dated at Woodstock, Illinois, this 22nd day of January, A.D., 2020.
1�
William �V/Vanderstappen, No. C35-002709
VANDER TAPPEN LAND SURVEYING INC..
Design Firm No. 184-002792
1315 N. Madison Street
Woodstock, Illinois 60098
(015) 337-5310