HomeMy WebLinkAboutOrdinances - O-80-244 - 11/24/1980 - AMEND PRE-ANNEX AGMT TOWNE ORLEANSRECEIVED
JAN 2 9191:1
ORDINANCE NO. 0-80-244
CITY OF IVICHERRY
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF A PRE -
ANNEXATION AGREEMENT DATED MAY 1, 1972, AS AMENDED,
EFFECTING CERTAIN DESCRIBED REAL ESTATE WITHIN 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, AMERICAN NATIONAL BANK AND TRUST COMPANY OF
CHICAGO, as Trustee under the provisions of a Trust Agree-
ment dated the 14th day of December, 1977 and known as Trust
No. 41831 are the record owners of the real estate herein-
after described in Section I hereof; 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
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 desire an amendment of the existing Pre -Annexation
Agreement of May 1, 1972, as amended, affecting said real
estate and have petitioned the CORPORATE AUTHORITIES of the
City of McHenry, McHenry County, Illinois for execution of a
Third Amendment to said Pre -Annexation Agreement; and
WHEREAS, the CORPORATE AUTHORITIES for and on behalf of
the City of McHenry, McHenry County, Illinois, have hereto-
fore approved a Third Amendment to a Pre -Annexation Agree-
ment bearing the date of November 24, 1980, between itself
and AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, as
Trustee under the provisons 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,
MAP IS
ATTACHED TO ORIGINAL
1972, as amended, affecting the following real estate legally
described in Section I hereof within the existing corporate
limits of the City of McHenry, McHenry County, Illinois, and
for the granting of the following requests:
(a) That Parcel B which is described in Section I
hereof shall be reclassified from "R-3a", SINGLE
FAMILY DISTRICT to "R-4", MULTI -FAMILY DISTRICT.
(b) That the OWNER shall be allowed to construct
nineteen buildings upon the real estate herein-
after described in Section I hereof, containing
a maximum of 102 living units in accordance with
the Site Plan attached hereto as Exhibit "C".
(c) That the Preliminary Plat attached hereto as
Exhibit "D" and the Final Plat attached hereto as
Exhibit "G" be approved concurrent with the
execution of this Ordinance.
(d) That the requested variations of the Zoning
Ordinance and Subdivision Control Ordinance,
attached hereto and made a part as Exhibit "E" be
granted concurrent with the execution of this
Ordinance.
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 the aforesaid requests and the
amendment to the existing Pre -Annexation Agreement;
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 is
affected by the terms of the Third Amendment to a Pre -
Annexation Agreement dated May 1, 1972, as amended:
panrVT. A .
That part of the Northeast Quarter of the Northwest Quarter
of Section 26, Township 46 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 North-
west Quarter a distance of 333.00 feet, thence North along a
line perpendicular to the last described course a distance
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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°-00'-
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 South-
westerly 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:
PARCEL B:
Lot 25 in McHenry Lakes Estates Unit One, being a Subdi-
vision of part of the Northeast Quarter of Section Twenty -
Seven and the Northwest Quarter of Section Twenty -Six, all
in Township 45 North, Range 8 East of the Third Principal
Meridian, according to the plat thereof recorded on December
17, 1979 as Document No. 786685, and re -recorded on July 22,
1980 as Document No. 798135, containing .38 acres more or
less, all in McHenry County, Illinois.
SECTION II: 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.
SECTION III: That the real estate hereinabove des-
cribed in Section I as PARCEL B be and the same is hereby
classified from "R-3a", SINGLE FAMILY DISTRICT to "R-4",
MULTI -FAMILY DISTRICT.
SECTION IV: That the OWNER be allowed to construct
nineteen buildings upon PARCELS A and B containing a maximum
of 102 living units in accordance with the Site Plan attached
hereto as Exhibit "C".
SECTION V: That the Preliminary Plat attached
hereto as Exhibit "D" and the Final Plat attached hereto as
Exhibit "G" be and the same are hereby approved.
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SECTION VI: That the variations listed on Exhibit
"E" attached hereto be and the same are hereby granted and
approved.
SECTION VII: 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 III
hereinabove.
SECTION VIII: This Ordinance shall be known as Ordi-
nance No.0-80-244and shall be in full force and effect from
and after its passage and approval according to law.
PASSED by the Corporate Authorities of the City of
McHenry, McHenry County, Illinois and approved by me this
24th day of November, 1980.
CITY OF McHENRY
i
By:
s Mayor
ATTEST:
City Clerk
PASSED: November 24, 1980
APPROVED: November 24, 1980
NUMBER VOTING AYE: Nolan, Pepping, Datz, Harker, Schooley, Meurer, Stanek
NUMBER VOTING NAY: None
NUMBER ABSENT: Adams. Wieser
NUMBER ABSTAINING: None
APPROVED AS TO FORM:
City Attorney
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EXHIBIT "E"
McHENRY LAKES MANOR
Planning Commission Variations:
1) Public Right of Way 27' (Easement both sides)
2) Lot Depth 108.5'
3) Cul-De-Sac Pavement Radius 35'
4) Cul-De-Sac Right of Way 35' (Easement both sides)
5) Minimum Frontage 25' (per lot)
Zoning Board of Appeals Variations:
1) Parking one car - front yard and one car in garage (per
lot)
2) 5000 square feet and 50' frontage to 2500 square feet
and 25' frontage (per lot)
3) Side yards between dewlling units - 0' lot line