HomeMy WebLinkAboutOrdinances - O-87-430 - 08/12/1987 - GRANT ZONING GERSTAD BLDRS 50 ACRES FIRST ADD TO WDIAMOND, LESUEUR,
BOTH & ASSOCIATES
ATTORNEYS
3431 W ELM STREET
McHENRY, ILLINOIS
B 15-3 B 5-68AO
0-87-430
STATE OF ILLINOIS )
SS
COUNTY OF McHENRY )
IN THE MATTER OF THE APPLICATION OF
THE HOME STATE BANK OF CRYSTAL LAKE,
AS TRUSTEE UNDER TRUST NO. 1550,
THE McHENRY STATE BANK AS TRUSTEE
UNDER TRUST NO. 3941, AND GERSTAD
BUILDERS, INC., FOR AN AMENDMENT OF
THE ,ZONING ORDINANCE OF THE CITY OF
McHENRY, McHENRY COUNTY, ILLINOIS.
Z 0 N I N G
O R D I N A N C E
WHEREAS, your Petitioners, THE HOME STATE BANK OF
CRYSTAL LAKE AS TRUSTEE UNDER TRUST NO. 1550, THE McHENRY
STATE BANK AS TRUSTEE UNDER TRUST NO. 3941, AND GERSTAD
BUILDERS, INC., have filed a Petition with the Zoning Board
of Appeals of the City of McHenry requesting the amendment of
the Zoning Ordinance of the City of McHenry and of such
ordinance as amended in regard to the following described
real estate:
That part of the Northwest Quarter of Section 3 and
part of the Northeast Quarter of Section 4,
Township 44 North, Range 8 East of the Third
Principal Meridian, described as follows:
Beginning at a point on the North line of said
Section 3, said point being the point of
intersection of said North line and the Westerly
right of way line of the Chicago and Northwestern
Railway; thence South 29 degrees 39 minutes 34
seconds West, along said Westerly right of way,
2227.98 feet, to a point 10 chains and 10 links
(666.60 feet) North of the South line of said
Northwest Quarter of said Section 3, and the point
of beginning of the parcel herein described; thence
South 89 degrees 42 minutes 10 seconds West, along
a line parallel to and 10 chains 10 links North of
the South line of said Northwest Qua-rter, 2137.88
feet, more or less, to the East --line of said
Northwest Quarter; thence South 89 degrees 26
minutes 39 seconds West, along a line parallel to
and 10 chains 10 links North of the South line of
the Northeast Quarter of said Section 4, 296.88
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DIAMOND, LESUEUR,
ROTH & ASSOCIATES
ATTORNEYS
3431 W ELM STREET
McHENRY, ILLINOIS
815-385-6040
feet, to a point on the Southwesterly line extended
Southeasterly of a parcel of land conveyed by
George Erber and wife, to James J. Hunter and wife,
by warranty deed dated August 22, 1966 and recorded
as Document No. 462775; thence North 59 degrees 40
minutes 28 seconds West along said Southwesterly
line extended Southeasterly and along said
Southwesterly line, 549.36 feet, more or less, to
the centerline of McHenry Road; thence North 34
degrees 00 minutes 34 seconds East along the
centerline of said McHenry Road, 1128.06 feet, more
or less, to a point that is 866.91 feet
Southwesterly of, as measured along said
centerline, the point of intersection of said
centerline and the North line of Section 3; thence
South 55 degrees 59 minutes 26 seconds East, 50.0
feet, to a point of curve; thence Southeasterly
along a curved line concave Southwesterly and
having a radius of 6615.129 feet for an arc
distance of 222.06 feet, to a point of reverse
curve; thence Southeasterly along a curved line
concave Northeasterly and having a radius of
6495.13 feet, for an arc distance of 98.02 feet;
thence North 34 degrees 00 minutes 34 seconds East,
515.39 feet; thence South 55 degrees 59 minutes 26
seconds East, 120.0 feet; thence South 69 degrees
49 minutes 43 seconds East, 61.79 feet; thence
South 55 degrees 59 minutes 26 seconds East, 840.0
feet; thence South 13 degrees 52 minutes 27 seconds
East, 80.89 feet; thence South 55 degrees 59
minutes 26 seconds East, 120.0 feet; thence South
21 degrees 14 minutes 16 seconds West, 100.0 feet;
thence South 14 degrees 36 minutes 43 seconds East,
281.54 feet; thence South 0 degrees 17 minutes 50
seconds East, 168.16 feet; thence North 89 degrees
42' minutes 10 seconds East, 780.90 feet, more or
less, to a point on the Westerly right of way of
aforesaid Railway; thence South 29 degrees 39
minutes 34 seconds West, along said right of way,
207.76 feet, to the point of beginning, (excepting
therefrom those parts described as follows: that
parcel conveyed by George Erber, Sr., and wife to
KE!nneth Johnson and his wife, by warranty deed
dated June 30, 1954 and recorded as Document No.
280315; also that part conveyed by George Erber and
wife, to James J. Hunter and wife, by warranty deed
dated September 5, 1956 and recorded as Document
No. 312374; also that part conveyed by George Erber
and wife, to James J. Hunter and wife --by warranty
deed dated August 22, 1966 and recorded -as Document
No. 462775), all in McHenry County, Illinois.
Containing 49.89 acres, more or less.
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DIAMOND, LESUEUR,
ROTH 8, ASSOCIATES
ATTORNEYS
3431 W ELM STREET
MCHENRY, ILLINOIS
815-385-6840
WHEREAS, a Petition was filed with the City of McHenry,
McHenry County, Illinois on June 17, 1987 requesting a
hearing on the content of a proposed Annexation Agreement by
and between THE HOME STATE BANK OF CRYSTAL LAKE AS TRUSTEE
UNDER TRUST NO. 1550, THE McHENRY STATE BANK AS TRUSTEE UNDER
TRUST NO. 3941, and GERSTAD BUILDERS, INC., hereinafter
referred to collectively as "Owner"; and
WHEREAS, hearings were had in regard to said Annexation
Agreement before the Mayor and City Council; and
WHEREAS, as a result of such hearings, and consideration
of the evidence given and exhibits presented, the Mayor and
City Council have determined that the request of the
Petition, as amended, taken in concert with the Annexation
Agreement, as amended, and the exhibits which are a part
thereof, is in harmony and keeping with the proper and
orderly development and improvement of the City of McHenry;
WHEREAS, the Petition requests reclassification of the
subject property from its present classification which is "A-
1" Agriculture, pursuant to the McHenry County Zoning
Ordinance, to "RS-3" Medium -High -Density Single Family
Residential District; and
WHEREAS, a hearing on said Petition was held before the
Zoning Board of Appeals in the manner and form as prescribed
by Ordinance and statute; and
WHEREAS, as a result of said hearing-, the taking of
evidence and viewing of exhibits advanced thereat, the Zoning
Board of Appeals of the City of McHenry did recommend to the
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City Council the granting of the requested reclassification
of the subject premises to °RS-3" Medium -High -Density Single
Family Residential District; and
WHEREAS, the City Council has considered the
recommendation as submitted by the Zoning Board of Appeals.
NOW, THEREFORE, BE IT ORDAINED that the Zoning Ordinance
and the Zoning Maps of the City of McHenry, and such
ordinances and such maps as amended, be and the same are
hereby amended, reclassifying the above described property
from IIA-l" Agriculture to IIRS-3° Medium -High -Density Single
Family Residential District.
This Ordinance shall be in full force and effect from
and after its passage as by law provided.
DATED THIS 12th DAY OF August 1987.
VOTING AYE:Bolger, Lieder, McClatchey, Nolan, Patterson, Serritella, Smith, let
VOTING NAY: None
ABSENT: None
ABSTAINED: None
NOT VOTING: None
ATTEST:
City Cler
DIAMOND, LESUEUR,
ROTH & ASSOCIATES
ATTORNEYS
3431 W ELM STREET
MCHENRY, ILLIN015
815-355-6840
CI,-TY OF cHENR NOIS
: By
MAYOR
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