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HomeMy WebLinkAboutOrdinances - O-78-160 - 07/17/1978 - SECOND AMENDMENT TO TOWNE ORLEANS ANNEX AGMTO- 76c>,/ 60 0-160 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 -3- 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 -4- 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 . WIA to 30-— � a Wfo'.. ml�?' WN / T. •