HomeMy WebLinkAboutOrdinances - O-76-94 - 12/20/1976 - ANNEX MSB TR 125 MCHENRY SAND AND GRAVEL0- r16 - ?/
ORDINANCE NO. 0-94
AN ORDINANCE PROVIDING FOR THE ANNEXATION OF CERTAIN
DESCRIBED REAL ESTATE TO THE EXISTING CORPORATE
LIMITS OF THE CITY OF McHENRY, McHENRY COUNTY,
ILLINOIS AND AMENDING THE ZONING ORDINANCE OF THE
CITY OF McHENRY, McHENRY COUNTY, ILLINOIS TO ZONE
THE REAL ESTATE ANNEXED.
WHEREAS, McHENRY SAND AND GRAVEL COMPANY, INC., McHENRY
STATE BANK, as Trustee under the provisions of a Trust Agreement
dated July 1, 1963 and known as Trust No. 125, McHENRY STATE
BANK, as Trustee under the provisions of a Trust Agreement dated
February 2, 1971 and known as Trust No. 396 and McHENRY STATE
BANK, as Trustee under the provisions of a Trust Agreement dated
February 5, 1972 and known as Trust No. 456 are the owners of the
real estate hereinafter described; and
WHEREAS, there are not electors residing on said real
estate; and
WHEREAS, said real estate is contiguous to the existing
corporate limits of the City of McHenry, McHenry County, Illinois
and the owners of said real estate desire to annex the said real
estate and have petitioned the City Council of the City of McHenry,
McHenry County, Illinois for annexation of said real estate; and
WHEREAS, the City Council for and on behalf of the City of
McHenry, McHenry County, Illinois have heretofore approved the
Annexation Agreement bearing the 20th day of December, 1976
between itself and the McHENRY SAND AND GRAVEL COMPANY, INC.,
McHENRY STATE BANK, AS Trustee under the provisions of a Trust
Agreement dated July 1, 1963 and known as Trust No. 125, McHENRY
STATE BANK, as Trustee under the provisions of a Trust Agreement
dated February 2, 1971 and known as Trust No. 396 and McHENRY
STATE BANK, as Trustee under the provisions of a Trust Agreement
dated February 5, 1972 and known as Trust No. 456 which provides
in part for the annexation of said real estate to the existing
corporate limits of the City of McHenry, Illinois and for
reclassification of said real estate as "I-1", HEAVY INDUSTRIAL
DISTRICT as defined by the Zoning Ordinance of the City of
McHenry, Illinois, and further for the issuance of a Special
Use Permit under the provisions of the Zoning Ordinance of
the City of McHenry, Illinois so as to permit certain portions
of said property hereinafter described to be used for the
operation of a commercial gravel business, including the
extracting, screening, crushing, storing and trucking of
sand, gravel and other excavated materials; and the operation
of a ready -mix concrete plant; the manufacture of concrete
products including concrete block, concrete pipe and concrete
tile; and the operation of an asphalt batch plant; and
WHEREAS, Notice of public hearing before the City of
McHenry Zoning Board of Appeals was published in the McHenry
Plaindealer, a newspaper of general circulation in the City
of McHenry, within the time provided by law; and
WHEREAS, the City of McHenry Zoning Board of Appeals
has held a public hearing on the -re -zoning of the property
hereindescribed to the "I-1", HEAVY INDUSTRIAL DISTRICT and
for the issuance of a Special Use Permit to allow the property
to be used for the operation of a commercial gravel business,
including the extraction, screening, crushing, washing,
storing and trucking of sand, gravel and other excavated
materials; and the operation of a ready -mix concrete plant;
the manufacture of concrete products, including concrete
blocks, concrete pipe and concrete tile; and the operation
of an asphalt batch plant and has filed its report with the
City Council recommending that the zoning classification and
special use permit requested by the owners of said real
estate should be approved and specifically finding with
reference to the issuance of the Special Use Permit as
follows:
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(a) The Special Use will not cause substantial injury
to the value of any other properties in the neighborhood
in which it is located;
(b) The location and size of the Special Use, the
nature -and the intent of the operation involved in
or conducted in connection with it, the size of
the site in relation to it, and the location of
the site with respect to the streets giving access
to it, will be such that it will be in harmony
with the appropriate orderly development of the
district in which it is located;
(c) The location, nature and height of buildings,
walls and fences and the nature and'extent of the
landscaping of the site shall be such that its use
will not hinder or discourage the appropriate
development and use of adjacent land and buildings,
or will not impair the value thereof;
(d) Parking areas shall be of adequate size for the
particular use, properly located and suitably
screened from adjoining residential uses, and the
entrance and exit drive shall be laid out so as to
prevent traffic hazards and nuisances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS AS FOLLOWS:
SECTION I. The following described real estate be
and the same is hereby annexed to the and made a part of the
corporate limits of the City of McHenry, McHenry County,
Illinois, including all adjoining roads or highways as
required by law:
All those parts of Sections 28 and 29 in Township 45
North, Range 8 East of the Third Principal Meridian
bounded by a line described as follows, to -wit: Commencing
at the point of intersection of the East line of the
West 1/2 of Section 28 with the North right of way line
of Route 120; thence Northwesterly & Westerly along
Northeasterly & North right of way Route 120 to a point
581.69 feet West of the West line of the East 1/2 of
the Northeast 1/4 of Section 29, thence South 1938.41
feet, thence East on a line parallel to the South line
of the Northeast 1/4 of Section 29, 577.41 feet to the
intersection with the West line of the East 1/2 of the
North East 1/4 of Section 29, thence Northerly 55.94
feet, thence Easterly on a line parallel to and 797.94
feet North of the South line of the Northeast 1/4 of
Section 29 and said line projected East to the West
line of Lot 10 in Sherman Hill Industrial Subdivision,
thence Northerly to the Northwest corner of Lot 10,
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thence Easterly along the South right of way line of
Dot Street to a point on the West line of Lot 1, thence
South on the West line of Lot 1 to the Southwest corner
of Lot 1, thence East on the South line of Lot 1 and
said line extended to the centerline of Draper Road
which is the East line of the West 1/2 of Section 28,
thence North on the East line of the West 1/2 Section
28 to the place of beginning, all in McHenry County,
Illinois.
SECTION II. The City Clerk is hereby directed to
procure an accurate map of the real estate above described
and annexed and when satisfied as to the accuracy of said
map, record a certified copy of this Ordinance and said
accurate map attached thereto as Exhibit "A" in the Office
of Recorder of Deeds, McHenry County, Illinois. Following
the recordation of this Ordinance and the map of the real
estate above -described and annexed, a copy thereof shall be
filed in the Office of the Clerk of McHenry County, Illinois.
SECTION III. The real estate 4damm describedA and
annexed is hereby classified "I-1", HEAVY INDUSTRIAL DISTRICT
as defined in the Zoning Ordinance of the City of McHenry,
McHenry County, Illinois.
SECTION IV. That the following described portion of
the real estate annexed be granted a Special Use Permit
under the provisions of the City of McHenry Zoning Ordinance
so as to allow the property to be used for the operation of
a commercial gravel business, including the extracting,
screening, crushing, washing, storing and trucking of sand,
gravel and other excavated materials; and the operation of a
ready -mix concrete plant; the manufacture of concrete products
including concrete block, concrete pipe, and concrete tile;
and the operation of an asphalt batch plant:
All those parts of Sections 28 and 29 in Township 45 North
Range 8 East of the 3rd Principal Meridian bounded by a line
described as follows: Commencing at the intersection of the
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Southerly right of way line of Route 120 with the Westerly
line of the lands conveyed by Document #346887; thence
Northwesterly and Westerly along the Southerly right of way
line of Route 120 to a point 581.69 feet West of the West
line of the East 1/2 of the Northeast 1/4 of Section 29;
thence South, 1858.41 feet, thence East on a line parallel
to the South line of the Northeast 1/4 of Section 29, 577.41
feet to the intersection with the West line of the East 1/2
of the Northeast 1/4 of Section 29; thence Northerly, 55.94
feet; thence Easterly, on a line parallel to and 797.94 feet
North of the South line of the Northeast 1/4 of Section 29
and said line projected East, to the West line of Lot 10 in
Sherman Hill Industrial Subdivision; thence Northerly to the
North line of Hill Street also being the South line of the
lands conveyed by Document #346887; thence West along the
South line of the lands conveyed by Document #346887 a
distance of 95.29 feet, more or less, to the West line of
the lands conveyed by Document #346887; thence Northerly,
along the West line of the lands conveyed by Document
#346887, to the Southerly right of way line of Route 120 and
place of beginning.
SECTION V. The report of the City of McHenry Zoning
Board of Appeals which includes the express finding that
said property is hereby reclassified to "I-1", HEAVY INDUSTRIAL
DISTRICT and for the issuance of a Special Use Permit as to
that portion of said property described in Section IV above
so as to allow the property to be used in the operation of a
commercial gravel business, including the extraction, screening,
crushing, washing, storing and trucking of sand, gravel and
other excavated materials; and the operation of a ready -mix
concrete plant; the manufacture of concrete products, including
concrete block, concrete pipe and concrete tile; and the
operation of an asphalt batch plant and the findings in
connection with said Special Use Permit be and the same are
hereby approved.
SECTION VI. The property described in Section 1Qbe
and the same is hereby reclassified to "I-1", HEAVY INDUSTRIAL
DISTRICT.
SECTION VII. A Special Use Permit be and is hereby issued
to cover the property described in Section IV which has herein -
before been reclassified to "I-1", HEAVY INDUSTRIAL DISTRICT in
Section VI hereof so as to permit said property to be used in
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operation of a commercial gravel business, including the
extraction, screening, crushing, washing, storing and trucking
of sand, gravel and other excavated materials; and the opera-
tion of a ready -mix concrete plant, the manufacture of concrete
products, including concrete block, concrete pipe and concrete
tile; and the operation of an asphalt batch plant.
SECTION VIII. All maps, plats, journals and other
records including the official map of the corporate boundaries
and the zoning district map of the City of McHenry be and
the same are hereby amended to reflect the annexation and
zoning of the abovedescribed real estate.
SECTION VIII. This Ordinance shall be known as Ordinance
No. 0-94 and shall be in full force and effect from and
after its passage and approval as required by law.
PASSED by the Corporate Authorities of the City of
McHenry, McHenry County, Illinois and approved by me this
20th day of December, 1976.
ATTEST:
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City Clerk
PASSED: 12-20-76
APPROVED: 12-20-76
NUMBER VOTING AYE: 7
NUMBER VOTING NAY: n
NUMBER ABSTAINING: f)
NUMBER ABSENT: 9
CITY OF MCHENR
By: AItayo
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