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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: -2- (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, -3- 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 -4- 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 -5- 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: ��� r` �/� � + /✓ JAL / 1. 7 �� yV / 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 -6-