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herewith are hereby repealed to the extent of such conflict.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