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HomeMy WebLinkAboutOrdinances - O-89-490 - 01/11/1989 - GERSTAD BLDRS GRANT ZONING FIRST ADDN TO WINDING CDJAMONO, LESUEUR 3 ROTH, ASSOCIATES ATTORNEYS 343- W ELM STRCET MCHENRY, ILLINOIS B�S�B S•6640 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. } 0-89-490 } Z O 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: Of part of the Northeast Quarter of Section 3, and part of the Northwest Quarter part of the Northwest Quarter of said 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 the point on the North line of said Section 3 where the Westerly line of the right of way of the Chicago and Northwestern Railway Company intersects said North line, and running thence Southerly along the Westerly line of said right of way to a point 10 chains and 10 links (666.60 feet) North of the South line of said Northwest Quarter of said Section 3; thence West on a line parallel with, and 10 chains and 10 links (666.60 feet) North of the South line of said Northwest Quarter of said Section 3 and parallel with and 10 chains and 10 links (666.60 feet) North of the South line of the Northeast Quarter of said Section 4, to a point on the Southwesterly line extended Southeasterly of a 1 DIAMOND, LESUEUR a ROTH. ASSOCIATES ATTORNEYS 3431 Vv ELM STREET MCHENRY, ILLINOIS 815.385-6840 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 Northwesterly along said Southwesterly line extended Southeasterly and along said Southwesterly line, a distance of 549.36 feet to the center line of McHenry Road; thence Northeasterly along said center line to the North line of said Section 3; thence East along said North line of Section 3 to the place of beginning. Excepting those parts described as follows: 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 hains 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 second West, along a line parallel to and 10 chains 10 links North of the South line of said Northwest Quarter, 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 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 2 DIAMOND, LESUEUR a ROTH. ASSOCIATES ATTORNEYS 343, w ELM STREET MCA, ENR1 ILLINOIS 815-365.6640 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, AND ALSO EXCEPTING that part conveyed by George Erber, Sr., and wife to Roy W. Erber and wife, by warranty deed dated June 30, 1954 and recorded as Document 280316, all in McHenry County, Illinois. Containing 76.69 acres, more or less. WHEREAS, a Petition was filed with the City of McHenry, McHenry County, Illinois on May 13, 1988 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 3 DIAMOND, LESUEUR & ROTH, ASSOCIATES ATTORNEYS 3431 w ELM STREET MCHENRY, ILLINOIS BIS•365.6640 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 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 by the City Council of the City of McHenry, McHenry County, Illinois 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, classifying the above described property to 1IRS-311 Medium -High -Density Si n g 1 e Family Residential District. 4 This Ordinance shall be in full force and effect from and after its passage as by law provided. PASSED THIS llth DAY OF January 1989, VOTING AYE : Bolger, Lieder, McClatch VOTING NAY: None ABSENT: None ABSTAINED: None NOT VOTING: None APPROVED THIS llth DAY OF January , 198 9, CITY OF cHEN LINOIS By MAYOR ATTEST: ty Cler a DIAMOND, LESUEUR 33 ROTH. ASSOCIATES ATTORNEYS 343, W ELM STREET MGMENRY, ILLINOIS 815-385.6840 4