HomeMy WebLinkAboutOrdinances - O-95-706 - 03/29/1995 - GRANT RECLASS OF 87 ACRES MCH STATE BK TR 4714REPLACE S p-q 6--740/
ORDINANCE NO. 0-95- 706
An Ordinance Zoning Certain Property
Owned by the McHenry State Bank Trust No. 4714
in the City of McHenry
WHEREAS, THE CITY OF McHENRY has been requested by a petition
signed by the McHenry State Bank, as Trustee under Trust Agreement
dated July 17, 1989 and known as Trust No. 4714 to annex and
classify 87 acres located in the unincorporated portion of McHenry
County, Illinois as C-5 Highway Commercial District; and
WHEREAS, A PUBLIC HEARING was held by the McHenry Zoning Board
of Appeals, after due notice in the manner provided by law; and
WHEREAS, THE ZONING BOARD OF APPEALS, after deliberation, has
made a report and recommended the granting of said zoning; and
WHEREAS, THE CITY COUNCIL has considered the findings of fact,
based upon the evidence presented at the public hearing, presented
to the Zoning Board of Appeals by the petitioners.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the CITY
OF McHENRY, McHenry County, Illinois, as follows:
SECTION 1: As outlined in the annexation agreement between
the City and Petitioner previously approved by the City Council,
the petition for zoning to C-5 Highway Commercial District for the
following parcel shall be granted:
Part of the Southeast Quarter of Section 23 described as
follows: commencing at the southwest corner of said
Southeast Quarter of said Section 23; thence east on the
quarter line 116 rods; thence north 160 rods and to the
quarter line; thence west on the quarter line, 116 rods;
thence south 160 rods to the place of beginning, (except-
ing and reserving five acres in the southwest corner of
said quarter section conveyed by Mark Thompson to Albert
Colby by warranty deed recorded June 6, 1859 in Volume 23
Trust No. 4714 Zoning Ordinance, Page 1
of Deeds, page 64), (excepting and reserving therefrom
that part described as follows: that part of the South-
east Quarter of Section 23, described as follows:
commencing at the northwest corner of the Southeast
Quarter of said Section 23 and running thence south on
the west line thereof for a distance of 1363.16 feet to
a point; thence east at right angles to the last de-
scribed line, at a last described point for a distance of
82.5 feet to a point for a place of beginning; thence
continuing east on the last described line, for a
distance of 210.01 feet to a point; thence south at right
angles to the last described line at the last described
point for a distance of 200 feet to a point; thence west
at right angles to the last described line at the last
described point for a distance of 223.41 feet to a point,
which is 69.10 feet east of the west line of said
Southeast Quarter; thence northeasterly 125.14 feet to a
point which is 75 feet east of the west line of said
Southeast Quarter; thence northeasterly 75.38 feet to the
place of beginning), all in Township 45 north, Range 8
east of the Third Principal Meridian, in McHenry County,
Illinois, except that part as taken by condemnation by
the State of Illinois in Circuit Court of McHenry County
Case No. 73-3756.
SECTION 2: That all requirements set forth in the Zoning
Ordinance of the City of McHenry, as would be required by any owner
of property zoned in the same manner as the property described
above, shall be complied with.
SECTION 3: There were no recommendations made by the Zoning
Board of Appeals on the question of granting the rezoning for the
subject property.
SECTION 4: This ordinance shall be in full force and effect
immediately after its passage and approval.
SECTION 5: 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.
SECTION 6: All ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict.
Trust No. 4714 Zoning Ordinance, Page 2
SECTION 7: This Ordinance shall be in full force and effect
upon its passage, approval and publication in pamphlet form (which
publication is hereby authorized) as provided by law.
Voting Aye: Bolger, Locke, Lawson, Baird
Voting Nay: Bates
Absent: None
Abstain: None
APPROVED:
a Steven J. Cuda
(SEAL)
ATTE _
City Clerk amela Althoff
Passed: March 29, 1995
Approved: March 29, 1995
Published: March 30, 1995
Prepared by, mail to:
David W. McArdle
Zukowski, Rogers, Flood & McArdle
50 Virginia Street
Crystal Lake, IL 60014
Trust No. 4714 Zoning Ordinance, Page 3