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HomeMy WebLinkAboutOrdinances - O-94-660 - 06/01/1994 - GRANT SIDEWALK VARIANCE KAUFMAN SUBORDINANCE NO. 0-94- 660 !� AN ORDINANCE GRANTING VARIATION REGARDING SIDEWALKS IN KAUFMAN SUBDIVISION IN THE CITY OF McHENRY WHEREAS, Cunat Bros., Inc., ("Owner") has an obligation, under the City's Subdivision Control Ordinance No. 85-320, to construct and install required sidewalks on certain parcels of property it owns, described as follows: Lots 2, 3, and 4 in A.M. Kaufman Subdivision, being a subdivision of part of the West Half of the Northeast Quarter of Section 28, Township 45 North, Range 8 East of the Third Principal Meridian, according to the plat thereof recorded April 27, 1979 as Document No. 766157, in McHenry County, Illinois P.I. #Is 09-28-251-010, 09-28-251-009 and 09-28-251-008 ("Property"). WHEREAS, the McHenry City Council recognizes that it is impossible for the Owner to comply with Ordinance No. 85-320, with regard to the Property, because of the current location of Illinois Bell telephone poles. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS, as follows: SECTION 1. That a variation from the City's Subdivision Control Ordinance, Section VIII E.8, requiring installation of sidewalks one foot off of the property line, within the street right-of-way, be granted to allow the sidewalks on the Property to be constructed within six feet of the south property line of the Property. Granting of this variation is conditioned upon the owner granting to the City a perpetual non-exclusive easement over the following portion of the property: The North 6 feet of the south property line of Lots 2, 3, and 4 in A.M. Kaufman Subdivision, being a Subdivision of part of the West Half of the Northeast Quarter of Section 28, Township 45 North, Range 8 East of the Third Principal Meridian, according to the plat thereof recorded April 27, 1979 as Document No. 766157, in McHenry County, Illinois. SECTION 2. If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall. not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. 9c�,G037783 SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4. This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. PASSED this 1st day of June, 1994 AYES: Bolger, Locke, Bates, Lawson, Baird NAYS: None ABSENT: None ABSTAINED: None NOT VOTING: None APPROVED this 1st day of June, 1994. ATTEST: Cit Clerk PREPARED BY: David W. McArdle Zukowski, Rogers, Flood & McArdle 50 W. Virginia Street Crystal Lake, IL. 60014 -2- City of McHenry �� 333 S. Green St. McHenry, IL. 60050 SIDEWALK EASEMENT AND VARIATION This Sidewalk Easement and Variation Agreement is entered into this day of September, 1993 by and between CUNAT BROS., INC. ("Cunat") and the CITY OF McHENRY ("City"). Recitals 1. Cunat holds title to the following described property located in the City of McHenry, McHenry County, Illinois: Lots, 2, 3, and 4 in A.M. Kaufman Subdivision, being a subdivision of part of the West half of the Northeast Quarter of Section 28, Township 45 North, Range 8 East of the Third Principal Meridian, according to the plat thereof recorded April 27, 1979 as Document No. 766157, in McHenry County, Illinois. ID#s 09-28-251-010, 09-28-251-009 and 09-28-251-008 ("Subject Property"). 2. Because the Subject Property has been subdivided, Cunat has an obligation, under the City's Subdivision Control Ordinance, to install a sidewalk one foot off of the southern property line of the Subject Property, within the street right-of-way. 3. Due to the current location of Illinois Bell telephone poles, location of the sidewalk in compliance with the City's Subdivision Control Ordinance is impossible. NOW, THEREFORE, in consideration of the promises, covenants and agreements contained herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereby agree as follows: A. City hereby grants to Cunat a variation from the City's Subdivision Control Ordinance No. 85-320, by passage of the attached ordinance, to construct and install the required sidewalk upon the Subject Property over the following portion of the Subject Property: The north 6 feet of the south property line of lots 2, 3, and 4 in A.M. Kaufman subdivision, being a subdivision of part of the west half of the northeast quarter of section 28, township 45 north, range 8 east of the third principal meridian, according to the plat thereof recorded April 27, 1979 as document no. 766157, in McHenry County, Illinois. ("Dedicated Property"). B. Cunat does hereby grant, convey and transfer to the City, for the benefit of the general public, a perpetual easement and right-of-way to construct, reconstruct, install and maintain a public sidewalk over and upon the Dedicated Property. C. The easement hereby granted is non-exclusive and all provisions of this instrument, including the benefits and burdens, run with the land and shall be binding upon the successors and assigns of the undersigned owners. D. Titleholders to the Subject Property, including Cunat, shall not construct or maintain any permanent structure or structures upon the Dedicated Property. IN WITNESS WHEREOF, the parties hereto have caused this document to be executed and delivered this day of Mkiy , 199,3'. Attest: Atte CUNAT By:__� CITY/ B! PREPARED BY: David W. McArdle Zukowski, Rogers, Flood & McArdle 50 W. Virginia Crystal Lake, IL. 60014