HomeMy WebLinkAboutOrdinances - O-79-197 - 07/16/1979 - annex backhaus brackmann propertyA
ORDINANCE NO. 0-79- 197
AN ORDINANCE PROVIDING FOR THE
ANNEXATION OF CERTAIN DESCRIBED REAL ESTATE
TO THE CITY OF McHENRY, ILLINOIS
WHEREAS, McHENRY STATE BANK, AS TRUSTEE UNDER THE PRO-
VISIONS OF A TRUST AGREEMENT DATED NOVEMBER 30, 1976, AND KNO�TN
AS TRUST NO. 1112 is the record owner of the real estate described
herein as TRACT A; and
WHEREAS, FREMONT BACKHAUS and IRENE BRACKMAN are the
record owners of the real estate described herein as TRACT B; and
WHEREAS, a portion of the real estate described herein
as TRACTS A and B is contiguous to the corporate limits of the
City of McHenry, Illinois; and
WHEREAS, the real estate described in TRACTS A. and B
constitute parcels of land which are not located within any
other municipality, are contiguous with each other and, when
taken as a whole, constitute territory which is contiguous to
and may be annexed to the City of McHenry, Illinois, as provided
in Article VII of the Illinois Municipal Code (Chapter 24, Illinois
Revised Statutes, 1975); and
WHEREAS, the CORPORATE AUTHORITIES for and on behalf of
the City of McHenry, McHenry County, Illinois, have heretofore
approved an Annexation Agreement bearing the date of ;uly 16,
1979, between itself and the McHENRY STATE BANK, AS TRUSTEE UNDER
THE PROVISIONS OF A TRUST AGREEMENT DATED NOVEMBER 30, 1976, and
known as Trust No. 1112, FREMONT BACKHAUS, IRENE BRACKMAN and
RESIDENTIAL DEVELOPMENT GROUP, INC., a Delaware Corporation,
which provides in part for the annexation of said real estate to
the existing corporate limits of the City of McHenry, McHenry
County, Illinois; and
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ATTACHED TO ORIGINAL
WHEREAS, notice of: public hearing before the McHenry
City Council was published in the McHENRY PLAINDEALER, a news-
paper of general circulation published in the City of McHenry
within the time provided by law; and
WHEREAS, notices have been given as required by
Illinois Statute to the Nunda Township and McHenry Township
Commissioners of Highways and the Nunda Township and McHenry
Township Boards of Town Auditors; and
WHEREAS, the land to be annexed is not a part of any
Public Library District, and therefore statutory notice is not
required to be given to the Trustees of any Public Library
District; and
WHEREAS, the land to be annexed is located within the
McHenry Township Fire Protection District, but the City of
McHenry does not provide fire protection and, therefore
statutory notice is not required to be given to the McHenry
Township Fire Protection District; and
WHEREAS, the City Council of the City of McHenry has
held a public hearing on said request for annexation.
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 and made a part of the
corporate limits of the City of McHenry, McHenry County,
Illinois, including any and all portions of adjacent streets,
roads or highways as required by law:
TRACT A
The North 955.37 feet of tl-e t.d^st ::alf of t;ze Sout:,east
Quarter of Section 33, also the Borth 955.37 feet of the
East 267.28 feet of the Sou`h,.cest Quarter of Sac pion 331,
and also the East 267.28 feet of the Sout'r.east Quarter of
the Northwest Quarter of Section 33 (e::cept the North
494.-�9 feet thereof), all in Toanshin 45 Norzh, Range 8
East of the 3rd Principal Meridian, in %1clienry County,
Illinois.
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TRACT B
PARCEL 1: That part of the West Ilalf of t-he Southeast O'carter of
Section 33, Township '5 North, Range 8 East Of' the T1?1rd Princ-1_pa1
_•ieric;an, and of that part of Sections 3 and 4 Tc,.vnship 4' Mort':,
Range 8 Last of the Third Principal Meridian, described as fellowE :
Beginning at the Southeast Corner of the ::es t Ealf of +he Sou th Ust
Quarter- cf said Section 33; thence East alone: the :nor. t' 14.nc cf
Section 4, 1308. '3 feet tO t'.1e No,:thea :t C:or:?C_' OCct1On 4. t:`_r_' :ce
East- along the Nor,:Ii lino of Section .3 to the c -nte_r line Or C:rvstwl
Lake Road; thence SoL'thwo-sterly .:long the cc?1Le := lire of Cr vst l
Lake Road 1098.0 -feet; tilence W st pwrailel with the No-th line of
Section 4, 16 ^ 1. 19 feet; thence North at right angles with the lases
described line, 908.61 feet, more- or less, to a point in the
lire of Section 4, said point being 632.84 eet ',•?cst of the place cf
beginning; thence North along a prolonaUtion of the last described
line, 230.46 feel ; thence? East parallel v:ith the Scut'-, line v?-
Section 33, 333.36 feet; the -ice P;ort:h 1,Da.ralle1 with the East line cf
t1-:e ,'dest Half Of t.^.e Quarter Of Section 33, 6:'9.54 L"eez;
thence last rasa1 lc 1 with 1ho Sc�o ,th lino f Section 3 3 , 300 foot, ;
t�.�
said mast line of t1?e T�t half o1' the Sout_neast Quarter of Soczic: _
thence South along said East line 860 feet to tho point of beginn__.
(Excepting therefrom the following describe:; parcel: B:•ginnina at
t!:e Northwest corner of Si:Ction 3; thence- East along t'ls Nort:. 11
of Section 3, to the centerline of Crystal La:_e Road, tr.ence Sout'I-
wcsterly along said centerline, 348 feet; thence West parallel
the *forth line of Section 4, 1165.18 feet; thence North _;ernenuicLlar
Ott�iS`CO?feP, O_LCSS, t LnctO the line f 2Z�19 _tr.
ivorth line or Sectio'1 4; lichee East along `laid \Cl-t=1 11 e, i� 2.%
feet tO tino place of beginning) ; all situated in '.1ciiemy County,
Illinois. '
PARCEL 2: That part of t'1e ,^lest Half of the SoutheaSt '";uarter of
Section 33, Township 45 214orth, Range 8 East of the Third Principal
A;eridian, and part of t�_e northeast Cjuarter of Scotia: ; , Tc°,ansric
4.4 North, Range 8 roust Of -he Thlr"' P incipzil _iLrldl lil, C eSCrlbt'C:
as follows: B_ginning at a point in the cr-_nl_-erline or Crystal La}=e
Road, said point beginning 1098 feet 7outh:aosterly (as easurnd ai g
said centerline) of the intersection. cf '_:,e centerline of Crystal
Lake Road and the North line of SectiCn 3, Tov:n ship 44 NVrt11 , RanCj�
8 East of the Third Principal Meridian, thence ,-est P_-rallel to
the North line of ;Section 4, 1641.19 feet to t:?e poir_r_ of
of the parcel herein described; thence North at right a:igles to the
last described line, °08.C1 feet, more or less, to a no'^t in the
?\Orth line of Section 4, said point IJeing 632.811 `eet ?'Nast Of r G
Southeast: Corr_er of the West Half of the SoiJ.tIneast OuarLer of S^ct: on
33; thence North alon-cr a prolongation of the lest described li.:e,
230.46 feet; thence I -lest parallel with the South line or Section
33, 697.43 feet, more or loss, to ti_e ,°�st 1il;e of said ,lest 'calf;
thence South along said ,�-ast line 230.46 feet, to the Sout1?west
Corner th; roof; thence I;est 19. 7 feet, :doze or less, to the :Corth-
west Corner of said Norti_cast Quarter of Section 4; thence South
along the West 'line of t'-_e North as-� � �artc_r 2597 . 67 r, et, more
or less, to the North line of Bull Val__ ._v Row: thence East along
the North line of said Bull Valley Ro-.d, 300. 39 feet; thence North
parallel with said West 1lne of Sect_o?1 6^.>>.l feet; thence East
at- right angles tO the described line, 415.97 feet; -Renee North
parallel with said t e,st I i- ne, 1022.9 {_cL, more or leas, to the place
of beginning, all in McHenry County,lllinois.
PARCEL 3: The Southeast Quarter of the ":or-chw-cst Quarter of Secticn
-3, excepting therefrom ttio North 49,=.39 feet, and also cxceptinr,
therefrom the South 163.83 feet, as �:,c 3�ured at ig:?t ancrlos, aLSC,
the Southeast Quarter of the c,_= Section 33
excepting therefrom the North 494.39 _cot, a.n d a_ :o e::ceuti nc.
therefrom the East 267.28 feet, all in Township 45 north, Range 8
East of the Third Principal _Meridian, in l-tcllenry County, Illinois.
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P �RCE:L 4: "'hat part of the Ear ,: Ilaif of Section 4 , Township 44 North
Range 8 East of the Third Principal Nleridian, described as follows:
�7�P_ginning at a point in t}70 centerline of Crystal Lak Road, said
point bei-ng 1098 feet So.-th,.-jesterly (as mLeasured along said center-
line) of the inte_sectir_n of the centerline of Cr\'stal Lake Roa,
and the Vortiz line of Section 3, Range 8 ast of
the Third Principal Meridian; thence West parallel With the :North line
of Section -I, 725 feet to t-a place of beginning of the parcel herein
d scribed; thence ''lest parallel %, it'- the Worth line of Section 4,
916.19 feet, theme South pSralle1 '. it}i t}:? rest line Of trig I'NOi"th-
_'ast Quarter of said Section 1022. 9 fact; thence .,?est at r i ght
angles to ti,e last Cescribea line, 415.97 feet; thence South parallel
with said ?•:est line, 649.15 feet to tt North 1i..e of Bull `•fake•✓
Road; thence East along the North line of Bull Valley Road, 49.65
feet, to a point of curvature; thence Southeasterly along a curved
linehaving a radius of 1432.4 feet, concave South aesterly an arc
distance of 476.06 feet; thclhce Southeasterly tangent to t'lc last
Cescribed curve, 249.18 f:eet to the ?':eSt Bile Of Crvstal Like Road;
t;7ence Northeasterly along the ,'.lest line of 'Crystal Lake ' "' Road,
154.2 feet, to the ?North line of the Sout:zoast Quarter of Section 4;
thence East along said north line, 49.09 feet, more or less, to the
centerline of Crystal Lake Road; thence I:ortheasterly along a
cLlrved line having a radius of 14,323.6 feet, concave 111]orthwester l,,-
an arc distance of 523.03 feet, to a point of tangency; thencc
.'or'-heasterl,✓ along t}:e centerline of Crystal Lane Road, 475.58
feet to a point, said point being 2153.28 feet SOuthwe5tcriy, as
r.Dasured along paid centerline, Of said interSectl')': Of:: t}'e cen-cr-
line of Crv_ stall La:re Road and the I:orth line of Section 3; t hence
aL ra-a;-:t angles to the last describcd line, 1;32. ;3
feet; thence _:orth Torpendicular to the North line of section -^_,
'?83. c,7 feet to the place of beginning, all in Mc:ienry County,
Illinois.
�-+- CLL 5 The ,^Pst :Ialf of the Southeast Ouartcr of Section 33,
except the Nor -h 933. 37 fect thereof, , a --,-id also e:ce,-�ting the
-ollo%,iing described parcel: Beainning at the So'.lth`..,Ost Ccrn_r c- t:le
west ":alf;thence Nor-.h alone the ?•,,ost line of tno West ail`, 230.46
feet; thenc 'East parallel_ with the South line c.f S`ctio:: 33,
1030.79 feet; thence North parallel ith the East line of said :;est
Il:lf,, 629.54 feet; thence East parallel with the Soutn line cf
�-'ect_on 33, 300 feet to the East line of Said ?',est :Iaif; thence
South along said East line, 860 feet to t!:e Southeast Corner of said
?';est Ilalf; thence ?,est along t1.e South lino of Section 33 to the
place of }:,eglnni ng, :111 in Township 4-5 Rang` o East of t17e
Third Principal "Ieri.dian, in McHenry County, Illinois.
Ur_RCTEL 6 11':e Last half of tilt Southwest nuarter of Sectio-, 33,
except the )cath 1132.58 feet (as neasured at right anglc_s) .-hereof,
and also e c:c_r ti_r_g the East 267.28 feet of the North 955. 37 fe t
t}lerC'cr; all :_'? :i: it ;;ilp 45 '!orth, Range 8 ,jast o'_- the `Tl,.ir.i' Principal
iIlericalan, in Mcllenr Col,;:c` , illi nois.
'PARCEL 7 The South 1132.52 feet (as *neasured at right angles) of thr-
ast Half of the Southwest nuarter of Section 33, togeth`r .,ith that
part of the ,",ast IIalf Of the SOuth�:lest Quarter of Sectio:. 33 descri:Jea
as follows: Seginning at a point in the South like of Section 33,
907.5 feet East of the Southwest "corner of said Section 33; thence
North parallel with the ,vest .line of Section 33, 55Q.n1 feet; thenco
ast parallel 1.•:ith the South line of Section 33, 422.16 feet, Here or
..- , r t- i,
_?SS, LO �Yhe lest line Of the East �:alz O� C SCthth':IeSt �'�rter;
thence South along sa=.d West line, 558. 36 feet, -lore or less, to the
Sout..east Corner of the West i:alf ; thence ?'i,�::st along the so-hch line
c` Section 33, 24. 47 Leet, more or less, to the place o= bcgin:-_i ng;
all 1n Township 45 r:orth, Range 8 East Of the Third Principal i;Grldlari,
in Mci'enry County, Illinois.
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C:CSCrJ_'_)C(: a`_, f0_1 _O%-1S: ',':`ql;_:,7-1)Cj a -L1 of
c.`l% 11 e Of ✓CC 1 011 33 c.nc� �.1:C C,'-:L!; 1'.:C: C LIiC i''.:Jr 11 1132 . E? lc.:
.::cClSurcd E,,: r-L,-; a11c;� o� '><i1C� 11C::t �:.a _ tn, (^ �c�St �110:`
1]4-(, of ;;ai_ 1 ;`!ort_il 115.1-',2 fecL, 13 5.'79 t, 7-..'Ore Or SS,
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to�`i�.` T;�r 1 i ilr' (_l� r�Z1Cl ...rL ::.:1 i ; :..1�C:::CC:
9;i ).7 1c'Ct, t0 a 1'011lt 55J;.36 fc('� .`101L�1 7r �.�1C1 �OL1t�iCaSt COrnC_ c.-
Said We-L 1la1f; thence W(!st _,arallcl Lc `r.c Soar11 1ia(2 ar Scctio 33,
-122.16 fCC'" more Ur less, Lo the I,d�� 11:1C o` lio Iles S,07.5 {CCU
of t.^.0 SOl'iL) ':1csL t.er C): S, CLa 1;1 33; Lh '1?;_ .:or L1l 1i ,rallel :J_-1`
t:1e !%'est 12-no Of- Sect]-o11 33, 161. 112 fec=L, ]".C)1-r Or lcss, t0 i:;;C i�0 '..-
oast Corner oL the i•'cSt 907. 5 fecL of t;le So_i:=i, 720 (as
c�L I1C7ai: F q�C:�) off said :)Cctio!1 33; z11encc, :U;i Zloiln t-he i:Orth _-inc.
of the S0.:1.:h 720 feet, 907.5 LeeL- t0 llllc of section, 33;
thence �JOi'�11 aloll^ Sc-1]C3 1'os'..- line, 770.14 foc-, , more Or less, to `.: c
place of ,ccj 1I11111iCj , all iii i-ic;lcll'i 1 L:C ]:l ! , l llinois .
That a Plat of Annexation of the above described territory
is attached hereto and made a part hereof as Exhibit "A".
SECTION II: The City Clerk is hereby directed to cause a
certified copy of this Ordinance with Plat of Annexation attached to
be recorded in the Office of the 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: This Ordinance shall be in full force and
effect from and after its passage and approval according to law.
PASSED this 1(oTI-k day of J%3 1979.
AYES: Nolan, Pepping, Datz, Harker, Schooley, Meurer
NAYS: Adams, Wieser
ABSENT: None
APPROVED this 1c;W day of 3uL l _, 1979.
ATTEST:
` -;, eillo�-,go
i
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