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
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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
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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
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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.
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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
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