HomeMy WebLinkAboutOrdinances - O-78-160 - 07/17/1978 - SECOND AMENDMENT TO TOWNE ORLEANS ANNEX AGMTO- 76c>,/ 60
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AN ORDINANCE AMENDING THE ZONING ORDINANCE OF
' THE CITY OF MCHENRY, ILLINOIS, PURSUANT TO
THE TERMS OF A SECOND AMENDMENT OF A PRE -
ANNEXATION AGREEMENT DATED MAY 1, 1972, AS
AMENDED.
WHEREAS, RICHARD A. JOHNSON and AMERICAN NATIONAL
BANK AND TRUST COMPANY OF CHICAGO, as Trustee under the
provisions of a Trust Agreement dated the 14th day of
December, 1977, and known as Trust No. 41831 are the
record owners of the real estate hereinafter described;
and
WHEREAS, HOWARD ORLEANS and MILFRED TOWNE are the
owners of the entire beneficial interest in Trust No.
41831 referred to above; and
WHEREAS, said real estate is within the corporate
limits of the City of McHenry, McHenry County, Illinois,
and RICHARD A. JOHNSON and AMERICAN NATIONAL BANK AND
TRUST COMPANY OF CHICAGO, as Trustee under the provisions
of a Trust Agreement dated the 14th day of December, 1977,
and HOWARD ORLEANS and MILFRED TOWNE have petitioned the
corporate authorities of the City of McHenry for an amend-
ment of the existing Pre -Annexation Agreement of May 1,
1972, as amended, affecting said real estate, including
certain zoning changes; and
WHEREAS, pursuant to notice, as required by statute
and ordinance, public hearings were held by the Zoning
Board of Appeals of the City of McHenry on the requested
zoning reclassification and variations, and recommendations
were made by said Zoning Board of Appeals to the City
Council in connection therewith; and
WHEREAS, notice of public hearing before the McHenry
City Council was published in the McHENRY PLAINDEALER, a
newspaper of general circulation published in the City of
McHenry within the time provided by law; and
WHEREAS, the City Council of the City of McHenry
has held a public hearing on said request for an amendment
to an existing Pre -Annexation Agreement and rezoning; and
WHEREAS, the corporate authorities for and on behalf
of the City of McHenry, McHenry County, Illinois, have here-
tofore approved a Second Amendment to a Pre -Annexation
Agreement bearing the date of 1978,
between itself and RICHARD A. JOHNSON, AMERICAN NATIONAL
BANK AND TRUST COMPANY OF CHICAGO, as Trustee under the
provisions of a Trust Agreement dated the 14th day of
December, 1977, and known as Trust No. 41831, HOWARD
ORLEANS and MILFRED TOWNE, which provides in part for the
amendment of a Pre -Annexation Agreement dated May 1, 19723
as amended, affecting certain real estate within the exist-
ing corporate limits of the City of McHenry, McHenry County,
Illinois, and for the classification of each of the following
described areas as follows:
(1) That AREA 1 be classified "B-3", COMMERCIAL DISTRICT;
among the uses thereon shall be one, but no more
than one, automobile service station as provided
in the original Pre -Annexation Agreement; however,
no apartments shall be allowed in AREA 1.
(2) That AREAS 2 and 3 remain classified "R-4", MULTI-
FAMILY DWELLING DISTRICT; no boarding or lodges g
houses shall e permitted in either area.
(3) That AREA 4 be reclassified from "R-4" MULTI -FAMILY
DISTRICT to "R-3A", SINGLE FAMILY D S RI
(4) That AREA 6 remain classified "I-P", INDUSTRIAL
PARK nTSTRTrT_
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS, as follows:
SECTION 1: The following described real estate is
affected by the terms of the Second Amendment to a Pre -Annexation
Agreement dated May 1, 1972, as amended:
50Z
AREA 1
All that part of the East 1/2 of the Northwest 1/4 of Section
26, Township 45 North, Range 8 East of the Third Principal
Meridian, lying Northeasterly of the center line of McCullom
Lake Road (excepting therefrom that part defined as follows:
a strip of land 2 rods in the Northwest corner of said East
Half of the said Northwest Quarter of said Section 26,
extending from the highway North to the Section line; also
excepting therefrom that part of the East 1/2 of Northwest
1/4 of said Section 26 described as follows: that part of
the East Half of the Northwest Quarter of Section 26, Town-
ship 45 North, Range 8 East of the Third Principal Meridian,
lying Northerly of the center of the public highway des-
cribed as follows: Beginning on the North line of said
Section at a point 1105.45 feet West from the North Quarter
corner thereof; thence South on a line forming an angle of
89 degrees 21 minutes to the left with a prolongation of
said Section line, for a distance of 238.4 feet to an inter-
section with the center line of the public highway; thence
Northwesterly along the center of said highway being on a
line forming an angle of 127 degrees 34 minutes to the right
with a prolongation of the last described line, for a dis-
tance of 220.95 feet to a point; thence North in a direct
line, 101.75 feet to a point in the North line of said
Section that is 174 feet West from the aforesaid place of
beginning; thence East 174 feet to the place of beginning)
in McHenry County, Illinois. ALSO
AREA 2
That part of the Northeast Quarter of the Northwest Quarter
of Section 26, Township 45 North, Range 8 East of the Third
Principal Meridian, bounded and described as follows:
Beginning at the Southwest corner of the Northeast Quarter
of the Northwest Quarter of said Section 26, thence East
along the South line of the Northeast Quarter of said Northwest
Quarter a distance of 333.00 feet, thence North along a line
perpendicular to the last described course a distance of
122.00 feet to a point of intersection with a line 122.00
feet North of and parallel with the South line of said
Northeast Quarter, thence East along the last described
parallel line, a distance of 134.97 feet to a point of
intersection with a line 818.00 feet West of and parallel
with the Westerly right of way line of State Route 31, as
shown on Highway Dedication recorded August 11, 1927 as
Document No. 79413, thence North along the last described
parallel line a distance of 428.61 feet to an angle point,
thence Northeast along a line forming an angle of 139°-001-
00" as measured to the left of the last described course a
distance of 225.18 feet to the Southwesterly right of way
line of McCullom Lake Road, thence Northwesterly along said
Southwesterly right of way line, being a curved line concave
to the Southwest having a radius of 5748.00 feet, an arc
distance of 331.75 feet to a point of tangent in said Southwesterly
right of way line, thence continuing Northwesterly along
said right of way line 438.60 feet to the intersection with
the West line of the Northeast Quarter of the Northwest
Quarter of said Section 26, thence South along said West
line 1204.04 feet to the point of beginning, all in McHenry
County, Illinois. ALSO
AREA 3
That part of the Northeast Quarter of the Northwest Quarter
of Section 26, Township 45 North, Range 8 East of the Third
Principal Meridian, bounded and described as follows:
Commencing at the intersection of the West right of way line
of State Route 31 and the Southwesterly right of way line of
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McCullom Lake Road; thence Northwesterly along said Southwesterly
l right of way line a distance of 229.00 feet to the intersection
with a line 165.00 feet West of and parallel with the Westerly
right of way line of State Route 31 as shown on Highway
Dedication recorded August 11, 1927 as Document No. 79413
for the point of beginning; thence South along the last
described parallel line, a distance of 130.35 feet to the
intersection with a line 105.00 feet North of and parallel
with the South line of the Northeast Quarter of the Northwest
Quarter of said Section 26, thence West along the last
described parallel line 577.10 feet to a point of intersection
with a line 742.00 feet West of and parallel with the aforesaid
Westerly right of way line of State Route 31 recorded August
11, 1927, thence North along the last described parallel
line 415.76 feet to an angle point, thence Northeasterly
along a line forming an angle of 139°-00'-00" as measured to
the left of the last described course, a distance of 196.73
feet to the Southwesterly right of way line of McCullom Lake
Road, thence Southeasterly along said Southwesterly right of
way line, being a curved line concave to the Southwest
having a radius of 5748.00 feet, an arc distance of 245.71
feet to a point of tangent in said Southwesterly right of
way line, thence continuing Southeasterly along said right
of way line 370.53 feet to the point of beginning, all in
McHenry County, Illinois. ALSO
AREA 4
That part of the Southeast Quarter of the Northeast Quarter
of Section twenty-seven and part of Section twenty-six all
in Township Forty-five North, Range Eight East of the Third
Principal Meridian bounded and described as follows: Beginning
at the Southeast corner of the Southeast Quarter of the
Northeast Quarter of said Section Twenty-seven; thence
Westerly on the South line of the Southeast Quarter of the
Northeast Quarter of said Section Twenty-seven, a distance
of 198.82 feet to a point of intersection with the Northeasterly
right of way line of the Chicago and Northwestern Railroad
Company's right of way; thence Northwesterly on the last
described right of way line 1350.53 feet to a point of
intersection with the North line of the Southeast Quarter of
the Northeast Quarter of said Section Twenty-seven; thence
Easterly on the North line of the Southeast Quarter of the
Northeast Quarter of said Section Twenty-seven, a distance
of 509.62 feet to the Northeast corner of the Southeast
Quarter of the Northeast Quarter of said Section Twenty-
seven; thence Easterly on the North line of the Southwest
Quarter of the Northwest Quarter of said Section Twenty -Six,
a distance of 1318.97 feet to the Northeast corner of the
Southwest Quarter of the Northwest Quarter of said Section
Twenty -Six; thence Easterly on the South line of the Northeast
Quarter of the Northwest Quarter of said Section Twenty-six,
a distance of 330.00 feet; thence Northerly perpendicularly
to the South line of the Northeast Quarter of the Northwest
Quarter of said Section Twenty-six, a distance of 122.00
feet to a point of intersection with a line 122.00 feet
North of and parallel with the South line of the Northeast
Quarter of the Northwest Quarter of said Section Twenty-six;
thence Easterly on the last described parallel line, 210.97
feet to a point of intersection with a line 742.00 feet West
of and parallel with the Westerly right of way of State
Route 31 as shown on the Highway Dedication recorded as
Document No. 79413; thence Southerly on the last described
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parallel line 17.00 feet to a point of intersection with a
line 105.00 feet North of and parallel with the South line
of the Northeast Quarter of the Northwest Quarter of said
Section Twenty-six; thence Easterly on the last described
parallel line, 577.10 feet to a point of intersection with a
line 165.00 feet West of and parallel with the Westerly
right of way line of State Route 31 as shown on the Highway
Dedication recorded as Document No. 79413; thence Southerly
on the last described parallel line, 913.49 feet to a point
of intersection with a line 512.68 feet North of and parallel
with the South line of the Northwest Quarter of said Section
Twenty-six; thence Westerly on the last described parallel
line 1160.27 feet; thence Southerly on a line parallel with
the East line of the Northwest Quarter of said Section
Twenty-six, a distance of 512.78 feet to a point of intersection
with the South line of the Northwest Quarter of said Section
Twenty-six; thence Westerly on the South line of the Northwest
Quarter of said Section Twenty-six, a distance of 1291.40
feet to the point of beginning, except therefrom the following
described property: That part of the Southeast Quarter of
the Northeast Quarter of Section Twenty-seven, Township
Forty-five North, Range Eight East of the Third Principal
Meridian bounded and described as follows: Commencing at the
Southeast corner of the Northeast Quarter of said Section
Twenty-seven; thence Westerly on the South line of the
Northeast Quarter of said Section Twenty-seven, a distance
of 198.82 feet to a point of intersection with the Northeasterly
right of way line of Chicago and Northwestern Railroad
Company's existing right of way; Thence Northwesterly on the
last described right of way line, 220.61 feet to a point of
intersection with a line 216.00 feet North of and parallel
with the South line of the Northeast Quarter of said Section
Twenty-seven, for a place of beginning; thence continuing
Northwesterly on the Northeasterly right of way line of said
Chicago and Northwestern Right of Way, 1129.92 feet to a
point of intersection with the North line of the Southeast
Quarter of the Northeast Quarter of said Section Twenty-
seven; thence Easterly on the North line of the Southeast
Quarter of the Northeast Quarter of said Section Twenty-
seven, a distance of 61.26 feet to a point of intersection
with a line 60.00 feet perpendicularly distant Northeasterly
of and parallel with the Northeasterly right of way line of
said Chicago and Northwestern Railroad Company's right of
way; thence Southeasterly on the last described parallel
line, 446.00 feet; thence Southeasterly on a line forming an
angle of 156°-25'-19" to the right of the last described
line, a distance of 100.00 feet; thence Southeasterly on a
line forming an angle of 166°-58'-35" to the right of the
last described line, a distance of 373.33 feet to the East
line of the Southeast Quarter of the Northeast Quarter of
said Section Twenty-seven; thence Southwesterly on a line
forming an angle of 920-16'-36" to the left of the last
described line a distance of 166.26 feet; thence Southwesterly
on a line forming an angle of 146°-50'-18" to the left of
the last described line, 150.00 feet to a point of intersection
with a line 40.00 feet perpendicularly distant Northeasterly
of and parallel with the Northeasterly line of Chicago and
Northwestern Railroad Company's right of way; thence Southeasterly
on the last described parallel line, 170.00 feet to a point
of intersection with a line 216.00 feet perpendicularly
distant North of and parallel with the South line of the
em
Northeast Quarter of said Section Twenty-seven; thence
Westerly on the last described parallel line 44.86 feet to
the point of beginning, all in McHenry County, Illinois.
ALSO
AREA 5
That part of the Southeast Quarter of the Northeast Quarter
of Section Twenty-seven, Township Forty-five North, Range
Eight East of the Third Principal Meridian bounded and
described as follows: Commencing at the Southeast corner of
the Northeast Quarter of said Section Twenty-seven; thence
Westerly on the South line of the Northeast Quarter of said
Section Twenty-seven, a distance of 198.82 feet to a point
of intersection with the Northeasterly right of way line of
Chicago and Northwestern Railroad Company's existing right
of way; thence Northwesterly on the last described right of
way line, 220.61 feet to a point of intersection with a line
216.00 feet North of and parallel with the South line of the
Northeast Quarter of said Section Twenty-seven for a place
of beginning; thence continuing Northwesterly on the North-
easterly right of way line of said Chicago and Northwestern
right of way, 1129.92 feet to a point of intersection with
the North line of the Southeast Quarter of the Northeast
Quarter of said Section Twenty-seven; thence Easterly on the
North line of the Southeast Quarter of the Northeast Quarter
of said Section Twenty-seven, a distance of 61.26 feet to a
point of intersection with a line 60.00 feet perpendicularly
distant Northeasterly of and parallel with the Northeasterly
right of way line of said Chicago and Northwestern Railroad
Company's right of way; thence Southeasterly on the last
described parallel line, 446.00 feet; thence Southeasterly
on a line forming an angle of 156°-25'-19" to the right of
the last described line, a distance of 100.00 feet; thence
Southeasterly on a line forming an angle of 166°-58'-35" to
the right of the last described line, a distance of 373.33
feet to the East line of the Southeast Quarter of the Northeast
Quarter of said Section Twenty-seven; thence Southwesterly
on a line forming an angle of 92°-16'-36" to the left of the
last described line, a distance of 166.26 feet; thence
Southwesterly on a line forming an angle of 146°-50'-18" to
the left of the last described line, 150.00 feet to a point
of intersection with a line 40.00 feet perpendicularly
distant Northeasterly of and parallel with the Northeasterly
line of Chicago and Northwestern Railroad Company's right of
way; thence Southeasterly on the last described parallel
line, 170.00 feet to a point of intersection with a line
216.00 feet perpendicularly distant North of and parallel
with the South line of the Northeast Quarter of said Section
Twenty-seven; thence Westerly on the last described parallel
line 44.86 feet to the point of beginning, all in McHenry
County, Illinois. ALSO
AREA 6
The Southeast Quarter of the Northeast Quarter of Section
27, Township 45 North, Range 8 East of the Third Principal
Meridian, in McHenry County, Illinois, (except that part
described as follows: Commencing at the Southeast corner of
the Southeast Quarter of the Northeast Quarter of Section
27, Township 45 North, Range 8 East of the Third Principal
Meridian; thence North along the East line of said Quarter
1323.5 feet to the Northeast corner of the Southeast Quarter
of the Northeast Quarter of said Section; thence West
611.72 feet to a point on the Westerly right of way line of
the Chicago and Northwestern Railroad; thence Southeast
1350.3 feet to a point on the South line of the Southeast
Quarter of the Northeast Quarter of said Section 27; thence
East 300.92 feet to the place of beginning), in McHenry
County, Illinois.
SECTION 2: That the real estate hereinabove described
in Section 1 be and the same is hereby classified as follows:
AREA 1 - "_B-3", COMMERCIAL DISTRICT; however, no
apartments shall e allowed in AREA 1,
and only one, but not more than one auto-
mobile service station shall be permitted
in said AREA 1.
AREAS 2 & 3 - "R-4" MULTI -FAMILY DWELLING DISTRICT;
however, no boarding or lodging ouses
shall be permitted in either area.
AREA 4 - "R-3A", SINGLE FAMILY DISTRICT.
AREA 5 -,PUBLIC USE PURPOSES.
AREA 6 - "I-P",INDUSTRIAL PARK DISTRICT.
SECTION 3: All maps, plats, journals and other
records, including the official city 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 amendments
to the existing Pre -Annexation Agreement and the zoning of
the real estate as described in Section 2 hereinabove.
SECTION 4: The City Clerk is hereby directed to
record a certified copy of this Ordinance in the Office of
the Recorder of Deeds, McHenry County, Illinois. Following
the recordation of this Ordinance, a copy thereof shall be
filed in the Office of the Clerk of McHenry County, Illinois.
SECTION 5: This Ordinance shall be known as Ordinance
No._ n_jrn , and shall be in full force and effect from and
after its passage and approval according to law.
-7-
PASSED this k 1'M day of , 1978.
AYES: —To LGety m.AN, A tC4 t2dTZ AbAms , GGMg. SCE, SM i -ry
N NAYS : NQ f TT
ABSENT: ^%Q fir
APPROVED this \-'RX day of 1 �\) , 1978.
ATTEST:
City Clerk
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