HomeMy WebLinkAboutOrdinances - O-88-453 - 05/04/1988 - PROVIDE FOR ANNEXATION MCH SAND AND GRAVEL PROPERTAq
ORDINANCE NO. 0-88-453 C' R�7 o J
)e 988
AN ORDINANCE PROVIDING FOR THE ANNEXATION OF CER AC A�
DESCRIBED REAL ESTATE TO THE EXISTING CORPORATE LIMITS +�c
OF THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS 111
AND AMENDING THE ZONING ORDINANCE OF THE CITY OF McHENRY
McHENRY COUNTY, ILLINOIS TO ZONE THE REAL ESTATE ANNEXED
WHEREAS, McHENRY SAND AND GRAVEL COMPANY, INC., McHENRY
STATE BANK, as Trustee under the provisions of a Trust
Agreement dated January 14, 1983, and known as Trust No. 2670
and McHENRY STATE BANK, as Trustee under the provisions of a
Trust Agreement dated August 1, 1980, and known as Trust No.
2017 collectively are the owners of the real estate
hereinafter described; and
WHEREAS,, there are electors residing on said real estate,
said electors having joined in the Petition to Approve
Annexation Agreement and for Annexation; and
WHEREAS,, said real estate is not located in any other
municipality and is contiguous to the existing corporate
limits of the City of McHenry, McHenry County, Illinois, and
the owners of said real estate desire to annex the said real
estate and have petitioned the City Council of the City of
McHenry, McHenry County, Illinois, for annexation of said
real estate; and
WHEREAS, the corporate authorities of the City of
McHenry, McHenry County, Illinois, have heretofore approved
the Annexation Agreement bearing the 4th day of
May , 1988, between the CITY and the McHENRY SAND
AND GRAVEL COMPANY, INC., McHENRY STATE BANK, as Trustee
0 •
under the provisions of a Trust Agreement dated January 14,
1983, and known as Trust Vo. 2670 and McHENRY STATE BANK, as
Trustee under the provisions of a Trust Agreement dated
August 1, 1980, and known as Trust No. 2017 which provides in
part for the annexation of said real estate to the existing
corporate limits of the City of McHenry, Illinois, and for
the establishment of the zoning of said real estate to be
"RS-1", Single -Family Residential District classification,
together with an "A-M", Agricultural & Mining Overlay
District classification as defined by the Zoning Ordinance of
the City of McHenry, Illinois, and further for the issuance
of a Conditional Use in the Agricultural & Mining Overlay
District so as to permit certain portions of said property
hereinafter described to be used for the operation of a
commercial Nand and gravel business, including the
extracting, processing, storing and trucking of sand, gravel
and other earth materials; and
WHEREAS, Notice of public hearing before the City of
McHenry Plan Commission was published in the NORTHWEST HERALD,
a newspaper of general circulation in the City of McHenry,
within the time provided by law; and
WHEREAS,, the City of McHenry Plan Commission held a
public hearing in connection with the amendment of the
Comprehensive Plan Land Use Map as it relates to the property
hereindescribed and has filed its report with the City
Council recommending that said Map and Plan may be
-2-
amended so as to be in conformity with the land uses
authorized by the zoning granted hereby to said premises; and
WHEREAS, Notice of public hearing before the City of
McHenry Zoning Board of Appeals was published in the
NORTHWEST HERALD, a newspaper of general circulation in the
City of McHenry, within the time provided by law; and
WHEREAS, the City of McHenry Zoning Board of Appeals held
a public hearing on the re -zoning of the property herein -
described to the "RS-1", Single -Family Residential District
together with an "A-M", Agricultural & Mining Overlay District
and for the issuance of a Conditional Use Permit in the
Agricultural. & Mining Overlay District to allow for the
operation of a commercial sand and gravel business, including
the extraction, site reclamation and processing of sand,
gravel and other earth materials and has filed its report
with the City Council recommending the establishment of the
above -described zoning classifications thereon, the granting
of said Conditional Use Permit and the granting of a variance
conditionally extending the maximum ten (10) year term
authorized by the Zoning Ordinance for conditional uses so as
to allow a :second ten (10) year term to be added thereto:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF MCHE;NRY, 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,
-3-
Illinois, including all adjoining roads or highways as
required by law:
That part of Section 29, Township 45 North, Range 8 East
of the Third Principal Meridian, described as follows:
Beginning at the West Quarter Corner of said Section 29,
thence South along the West line of said Section 29, to
the Northwest Corner of the South Half of the Southwest
Quarter of said Section 29, thence East along the North
line of said South Half of the Southwest Quarter of said
Section 29, to the Southwest Corner of Glacier Ridge,
Unit No. 2, according to the Plat thereof recorded August
7, 1978 as Document No. 741873; thence North along the
Westerly line of said Glacier Ridge, Unit No. 2, to the
Northwest Corner of said Glacier Ridge, Unit No. 2;
thence East along the North line of said Glacier Ridge,
Unit No. 2, and along the North line of Glacier Ridge,
Unit No. 1, according to the Plat thereof recorded August
30, 1977 as Document No. 706672, to an angle point in
said North line of Glacier Ridge, Unit No. 1, thence
Northeasterly along the Northwesterly line of said
Glacier Ridge, Unit No. 1, to an angle point in said
Subdivision; thence East along the North line of said
Glacier Ridge, Unit No. 1, a distance of 211.91 feet, to
a point which is 577.41 feet West from the East line of
the West Half of the Northeast Quarter of said Section
29; thence Northerly, 389.81 feet to a point which is
578.25 feet West from said East line, and 1508.6 feet
South from the North line of said Northeast Quarter;
thence West parallel with said North line, 578.25 feet to
the East line of the aforementioned parcel of land
conveyed by Deed recorded in Book 127, page 123; thence
North, along said East line, 1508.6 feet to an
intersection with the North line of the Northeast Quarter
of said Section 29, thence West along the North line of
said Section 29, to a point on said North line 500.00
feet East of the Northeast Corner of the West 100 rods of
the Northwest Quarter of said Section 29; thence South
parallel. with the East line of the West 100 rods of the
Northwest Quarter of said Section 29, a distance of 340.0
feet; thence West, parallel with the North line of said
Section 29, to the East line of the West 100 rods of the
Northwest Quarter of said Section 29, thence North along
the East: line of the West 100 rods of the Northwest
Quarter of said Section 29, to the North line of said
Section 29, thence West along the North line of said
Section 29, to the Northwest Corner of said Section 29;
thence South along the West line of said Section 29, to
the point of beginning, in McHenry County, Illinois.
-4-
Also the East Half of the East Half of the Northeast
Quarter of Section 30, Township 45 North, Range 8 East of
the Third Principal Mgridian, in McHenry County, Illinois.
Section II. That an accurate map of the real estate
above described and annexed is attached hereto as Exhibit "A".
The City Clerk shall cause a certified copy of this Ordinance
with said map attached thereto as Exhibit "A" 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
certified copy thereof with said map attached thereto shall
be filed in the Office of the Clerk of McHenry County,
Illinois.
Section III. The real estate above described and
annexed, except for that portion thereof described in Section
VI hereof, is hereby classified "RS-1", Single -Family
Residential District with an "A-M", Agricultural & Mining
Overlay District as defined in the Zoning Ordinance of the
City of McHenry, McHenry County, Illinois.
Section IV. That the following -described portion of the
real estate annexed hereby, but excluding therefrom that
portion thereof described in Section VI hereof, is hereby
granted a Conditional Use Permit under the provisions of the
City of McHenry Zoning Ordinance so as to allow said property
to be used for the operation of a commercial sand and gravel
business, including the extracting, site reclamation and
processing of sand, gravel and other earth materials, except
�7C
that processing operations shall only be permitted in the
Northwest 40 acres of the,premises hereinafter described:
That part of Section 29, Township 45 North, Range 8 East
of the Third Principal Meridian, described as follows:
Beginning at the West Quarter Corner of said Section 29,
thence South along the West line of said Section 29, to
the Northwest Corner of the South Half of the Southwest
Quarter of said Section 29, thence East along the North
line of said South Half of the Southwest Quarter of said
Section 29, to the Southwest Corner of Glacier Ridge,
Unit No. 2, according to the Plat thereof recorded August
7, 1978 as Document No. 741873; thence North along the
Westerly line of said Glacier Ridge, Unit No. 2, to the
Northwest Corner of said Glacier Ridge, Unit No. 2;
thence East along the North line of said Glacier Ridge,
Unit No. 2, and along the North line of Glacier Ridge,
Unit No. 1, according to the Plat thereof recorded August
30, 1977 as Document No. 706672, to an angle point in
said North line of Glacier Ridge, Unit No. 1, thence
Northeasterly along the Northwesterly line of said
Glacier Ridge, Unit No. 1, to an angle point in said
Subdivision; thence East along the North line of said
Glacier Ridge, Unit No. 1, a distance of 211.91 feet, to
a point which is 577.41 feet West from the East line of
the West Half of the Northeast Quarter of said Section
29; thence Northerly, 389.81 feet to a point which is
578.25 feet West from said East line, and 1508.6 feet
South from the North line of said Northeast Quarter;
thence West parallel with said North line, 578.25 feet to
the East line of the aforementioned parcel of land
conveyed by Deed recorded in Book 127, page 123; thence
North, along said East line, 1508.6 feet to an
intersection with the North line of the Northeast Quarter
of said Section 29, thence West along the North line of
said Section 29, to a point on said North line 500.00
feet East of the Northeast Corner of the West 100 rods of
the Northwest Quarter of said Section 29; thence South
parallel. with the East line of the West 100 rods of the
Northwest Quarter of said Section 29, a distance of 340.0
feet; thence West, parallel with the North line of said
Section 29, to the East line of the West 100 rods of the
Northwest Quarter of said Section 29, thence North along
the East. line of the West 100 rods of the Northwest
Quarter of said Section 29, to the North line of said
Section 29, thence West along the North line of said
Section 29, to the Northwest Corner of said Section 29;
thence 'South along the West line of said Section 29, to
the point of beginning, in McHenry County, Illinois
(excepting therefrom the following -described premises, to
wit: That part of the West 100 rods of the Northwest
Quarter of Section 29, Township 45 North, Range 8 East of
the Third Principal Meridian, bounded and described as
follows: commencing at the Southwest corner of said
Northwest Quarter, thence North along the West line of
said Northwest Quarter, a distance of 734.12 feet; thence
Easterly along a line forming an angle of 90 degrees 30
minutes 48 seconds to the right with a prolongation of
the last described line, a distance of 1020.03 feet for a
point of beginning; thence continuing along the last
described line, a distance of 629.61 feet to a point on
the East line of said West 100 rods of said Northwest
Quarter, said point being 681.92 feet North of the South
East corner of said West 100 rods; thence South along the
East line of said West 100 rods, a distance of 681.92
feet to said Southeast corner; thence West along the
South line of said Northwest Quarter, a distance of
629.74 feet; thence North, a distance of 701.85 feet to
the point of beginning, in McHenry County, Illinois; ALSO
That part of the North half of the Southwest Quarter of
Section 29, Township 45 North, Range 8 East of the Third
Principal Meridian, lying 200 feet Westerly of (as
measured at right angles to) the West line of Glacier
Ridge Unit No. 2, a Subdivision of part of said Section
29, according to the Plat thereof re -recorded August 17,
1978 as Document No. 741873, in McHenry County, Illinois).
Also the East Half of the East Half of the Northeast
Quarter of Section 30, Township 45 North, Range 8 East of
the Third Principal Meridian, in McHenry County, Illinois.
The term of the Conditional Use Permit shall be for an
initial term of ten (10) years, which permit shall be
automatically extended for an additional ten (10) years,
providing, however, that there are no substantial or
recurring violations of the Annexation Agreement of Federal
or State mining, environmental and reclamation laws or
regulations or of the City Zoning Ordinance during the
initial ten (10) year period. The OWNERS shall request the
Department of Mines and Minerals, Land Reclamation Division,
of the Stater of Illinois, and any and all other agencies that
may be necessary or appropriate, to furnish directly to the
City of McHenry the following Department or Agency materials
-7-
and information relating to the OWNERS' operations on the
aforesaid premises on a current and ongoing basis throughout
the time that any operations are being conducted thereon
pursuant to the Conditional Use Permit granted by the City of
McHenry hereunder to the OWNERS:
Notice of statutory or regulatory violations
Notice of intent to revoke any bond
Inspection reports
Reports regarding reclamation
Annual aerial photography of the premises
Stop work orders
Complaints or other pleadings involving Department
or Illinois Environmental Protection Agency actions
or proceedings against OWNERS' operations
The foregoing material and information may be considered
by the CITY in determining whether or not there has been any
substantial or recurring violation of the conditions of the
variance hereby granted during the initial ten (10) year term
of the conditional use which would warrant a revocation by
the CITY of the "automatic" subsequent ten (10) year term of
said conditional use permit.
Representatives of the CITY may enter upon the real
estate where such conditional use operations are being
conducted at all reasonable times for the purpose of
inspection to determine whether or not the provisions of the
Zoning Ordinance of the City of McHenry, of the aforesaid
Reclamation Plan, and of this Agreement have been complied
with.
Section V. The report of the City of McHenry Zoning
Board of Appeals which includes the express recommendation
that said property be reclassified to "RS-1", Single -Family
Residential District with an "A-M", Agricultural & Mining
Overlay District and that a Conditional Use Permit be issued
to that portion of said property described in Section IV
above so as to allow the property to be used in the operation
of a commercial sand and gravel business, including the
extraction, processing and transporting of sand, gravel and
other excavated materials be and the same is hereby approved.
Section VI. The following -described real estate is
excluded from the aforesaid "A-M", Agricultural and Mining
Overlay District classification and Conditional Use Permit:
That part of the West 100 rods of the Northwest Quarter
of Section 29, Township 45 North, Range 8 East of the
Third Principal Meridian, bounded and described as
follows: commencing at the Southwest corner of said
Northwest Quarter, thence North along the West line of
said Northwest Quarter, a distance of 734.12 feet; thence
Easterly along a line forming an angle of 90 degrees 30
minutes 48 seconds to the right with a prolongation of
the last described line, a distance of 1020.03 feet for a
point of beginning; thence continuing along the last
described line, a distance of 629.61 feet to a point on
the East line of said West 100 rods of said Northwest
Quarter, said point being 681.92 feet North of the South
East corner of said West 100 rods; thence South along the
East line of said West 100 rods, a distance of 681.92
feet to said Southeast corner; thence West along the
South line of said Northwest Quarter, a distance of
629.74 feet; thence North, a distance of 701.85 feet to
the point of beginning, in McHenry County, Illinois; also
WE
That part of the North Half of the Southwest Quarter of
Section 29, Township 45 North, Range 8 East of the Third
Principal Meridian, lying 200 feet Westerly of (as
measured at right angles to) the West line of Glacier
Ridge Unit No. 2, a Subdivision of part of said Section
29, according to the Plat thereof re -recorded August 17,
1978 as Document No. 741873, in McHenry County, Illinois.
Section VII.
All maps, plats, journals and other records
including the official map of the corporate boundaries, the
Land Use Map, and the zoning district map of the City of
McHenry be and the same are hereby amended to reflect the
annexation 8Lnd zoning of the above -described real estate.
Section VIII. This Ordinance shall be known as Ordinance
No. 0-88-453 and shall be in full force and effect from and
after its passage and approval as required by law.
PASSED by a two-thirds majority of the Corporate
Authorities of the City of McHenry, McHenry County, Illinois,
this 4th day of May , 1988.
AYES: Bolger, Lieder, McClatchey, Nolan, Patterson, Serrtella, Smith, Teta
NAYS:_ None
ABSTAINING: None
ABSENT: None
APPROVED THIS 4th DAY OF
ATTEST:
City Clerk
8470R
M MCI 0
AZA -
•
-10-