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HomeMy WebLinkAboutOrdinances - O-99-901 - 01/06/1999 - ANNEX PETERSEN FARM PROPERTY - CORLANDSORDINANCE NO. 0-99-901 AN ORDINANCE PROVIDING FOR THE ANNEXATION OF THE PETERSEN FARM TO THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, WHEREAS, the City of McHenry is the owner of record of the real estate hereinafter described as Tract A on Exhibit A, attached hereto and made a part hereof, and desires to annex said real estate pursuant to 65 ILCS 517-1-9; and WHEREAS, the Corporation for Open Lands (CORLANDS) is the owner of record of the real estate hereinafter described as Tract B on Exhibit A, attached hereto and made a part hereof, and has petitioned the City of McHenry in writing and under oath for annexation of said real estate pursuant to 65 ILCS 5/7-1-8; and WHEREAS, the State of Illinois is the owner of record of the real estate hereinafter described as Tract C on Exhibit A, attached hereto and made a part hereof; and WHEREAS, James Edgar, Governor of the State of Illinois, consented to the annexation of the real estate described as Tract C on Exhibit A, and pursuant to 65 ILCS 5/7-1-2(f , the City passed a resolution annexing said property, a true and correct copy of said Resolution is attached hereto and made a part hereof as Exhibit B; and WHEREAS, said real estate depicted on Exhibit A, hereinafter referred to in its entirety as the "Annexation Property", is approximately 107.3 acres in area, and is located on the north side of McCullom Lake Road, approximately 1,500 feet north of Petersen Park Road, in McHenry Township, McHenry County, Illinois; and WHEREAS, upon annexation, the Annexation Property will received a zoning classification of E, Estate District, pursuant to Article III, Section D, of the Zoning Ordinance of the City of McHenry. WHEREAS, the Annexation Property is not located within any other municipality and is contiguous to the existing corporate limits of the City of McHenry; and WHEREAS, Tracts A and C on Exhibit A are uninhabited. WHEREAS, any electors residing on Tract B on Exhibit A have executed the required petition for annexation; and WHEREAS, the Annexation Property in not part of any public library district, will not be disconnected from any fire protection district, and does not abut any right-of-ways not currently under the jurisdiction of the City of McHenry, therefore, notice is not required to be given to those legal entities as designated in the statutes; and WHEREAS, it is in the best interests of the City of McHenry that the Annexation Property be annexed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: Section 1: The Annexation Property depicted on Exhibit A, attached hereto and made a part hereof, be and the same is hereby annexed to, and made a part of the corporate limits of the City of McHenry, McHenry County, Illinois, including all adjoining roads or highways as required by law. Section 2: The City Clerk is hereby directed to cause a certified copy of this Ordinance, together with said Exhibits A and B, to be recorded in the Office of the Recorder of Deeds, McHenry County, Illinois. Following the recordation of this Ordinance and Exhibits, a certified copy thereof shall be filed in the Office of the County Clerk of McHenry County, Illinois. Section 3: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. 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 6TH DAY OF TANiTARv , 1999. AYES: BOLGER, GLAB, MCCLATCHEY, MURGATROYD, BAIRD, CUDA. NAYS: NONE . ABSTAINED: NONE. ABSENT: NONE. APPROVED THIS 6TH DAY OF TANTiARY i ven . Cuda, Mayor EST: Pamela J. Althoff, CayClerk BE IT FURTHER RESOLVED that this Resolution shall be in full force and effect immediately upon its passage. Publication in pamphlet form is hereby authorized, as provided by law. PASSED THIS i;TH DAY OF TANiTARV , 1999. AYES: BOLGER, GLAB, MCCLATCHEY, MURGATROYD, BAIRD, CUDA. NAYS: NONE. ABSTAINED: NONE. ABSENT: NONE. APPROVED THIS 6TH DAY OF JANUARY , 1999. 44eZveni. Cuda, Mayor ATTEST: Pamela J. Althoff, Cit Clerk EXHIBIT 1 PARCEL 1: The east half of the northeast quarter of Section 22, Township 45 North, Range 8 East of the third principal meridian, (excepting the north half of the northeast quarter of the northeast quarter), in McHenry County, Illinois. PARCEL 3: All that part of the southeast quarter of Section 22, Township 45 North, Range 8 east of the third principal meridian, lying northeasterly of the south line of the highway (except that part described as follows: beginning at the northeast corner of the southeast quarter of said Section, thence south along the east line of said southeast quarter, 729.49 feet for a place of beginning; thence south along the east line of said southeast quarter 705 ± feet to a point in the south line of the highway; thence northwesterly along the south line of said highway, 500 ± feet to a point; thence northeasterly 480 ± feet to the place of beginning, in McHenry County, Illinois. PARCEL 4: The North 20 acres of the west half of the southwest quarter of Section 23, Township 45 North, Range 8 east of the third principal meridian, in McHenry County, Illinois. PARCEL 5: The south 40 acres of the West half of the northwest quarter of Section 23, township 45 North, Range 8 east of the third principal meridian in McHenry County, Illinois. Excepting from the above parcels the following: The North 312 feet of the south half of the northeast quarter of the northeast quarter of Section 22; Also, an adjoining parcel of land described by commencing at the southwest corner of the above -described tract; thence east upon and along the south line thereof 107.9 feet to a point for a place of beginning; thence east upon and along the last described line 414.8 feet to a point; thence southwesterly upon and along a line forming an angle of 162 degrees to the right, with a prolongation of the last described line 442.1 feet to a point; thence northerly upon and along a line forming an angle of 110 degrees 23 minutes to the right, with a prolongation of the last described line 136.6 feet to the place of beginning; Also, a piece of land off the west side of the southeast quarter of the northeast quarter and a part of the south half of the northeast quarter of the northeast quarter of said Section 22, described as follows: Beginning at the southeast corner of the southeast quarter of the northeast quarter, thence east on the south line thereof 75.3 feet to a point; thence northerly upon and along a line forming an angle of 87 degrees 33 minutes to the left, with a prolongation of the last described line 1646.8 feet to a point; thence west upon and along a line drawn parallel with the north line of the south half of the northeast quarter of the northeast quarter a distance of 107.9 feet to a point on the west line of the east half of said northeast quarter; thence south upon and along the last described line 1645.35 feet to the place of beginning; Also, that part of the south half of said Section 22 lying northeasterly of the public highway described as follows: Beginning at the northwest corner of the northeast quarter of the southeast quarter; thence east upon and along the north line thereof 75.3 feet to a point; thence southerly upon and along a line forming an angle of 92 degrees 27 minutes to the right, with a prolongation of the last described line 133.1 feet to a point in the center of the public highway; thence northwesterly upon and along the centerline of said highway, being on a line forming an angle of 141 degrees 41 minutes to the right, with a prolongation of the last described line 164 feet to an intersection with the east and west quarter Section line; thence east on said quarter Section line 26.5 feet to the place of beginning; Also, a strip of land 20 feet in width, being a part of the northeast quarter of the southeast quarter of Section 22, described as follows: commencing at the northwest corner of the said northeast quarter of the southeast quarter; thence east upon and along the north line thereof 75.3 feet to a point for a place of beginning; thence southerly upon and along a line forming an angle of 92 degrees 27 minutes to the right, with a prolongation of the last described line, 133.1 feet to a point in the center of the public highway; thence southeasterly upon and along the center of said highway being on a line forming an angle of 38 degrees 19 minutes to the left, with a prolongation of the last described line 32.26 feet to a point; thence northerly upon and along a line forming an angle of 141 degrees 41 minutes to the left, with a prolongation of the last described line 159.27 feet to a point on the east and west quarter Section line; thence west on said line 20 feet to the place of beginning. Also, the following described strip of land 20 feet in width, being a part of the east half of the northeast quarter of said Section 22, described as follows: commencing at the southwest corner of the east half of the said northeast quarter; thence east upon and along the south line thereof 75.3 feet to a point for a place of beginning; thence northerly upon and along a line forming an angle of 87 degrees 33 minutes to the left, with a prolongation of the last described line 1510.2 feet to a point; thence northeasterly upon and along a line forming an angle of 69 degrees 37 minutes to the right, with a prolongation of the last described line 21.34 feet to a point; thence southerly upon and along a line forming an angle of 110 degrees 23 minutes to the right, with a prolongation of the last described line 1516.77 feet to a point on the said south line of the east half of the northeast quarter; thence west 20 feet to the place of beginning. All of the above -descried premises situate, lying and being in township 45 north, range 8 east, of the third principal meridian, in McHenry County, Illinois. EXHIBIT 2 STATE OF ILLINOIS ) SS COUNTY OF MCHENRY ) PETITION FOR GOVERNOR'S CONSENT The CITY OF MCHENRY, on this 31 day of July, 1998, through its attorneys, Zukowski, Rogers, Flood & McArdle, hereby petitions the office of the Governor of the State of Illinois, pursuant to Section 7-1-2(f) of the Illinois Municipal Code (65 ILCS 5/7-1-(0) for the Governor's consent to annex certain unincorporated property. The grounds for this Petition are as follows: 1. The City of McHenry desires to annex property lying north of its existing corporate limits on McCullom Lake Road, however, portions of the relevant parcels are separated from the City by a portion of property, title to which is held by the State of Illinois, Illinois Department of Transportation, known as FAP 420 (formerly FA Route 201). 2. Attached hereto as "Exhibit A" is a legal description describing that area of the FAP 420 unincorporated property to be annexed, title to which is held by the State of Illinois, Illinois Department of Transportation. 3. The Illinois Department of Transportation took title to the property desired to be annexed by virtue of a condemnation suit filed in the Circuit Court for the Nineteenth Judicial Circuit, McHenry County, Illinois, under case no. 73-45. Judgment orders granting fee simple title to the subject property requested to be annexed were entered on April 10, 1975. 4. The State of Illinois has the authority to consent to this annexation through the signature of the Governor, pursuant to 65 ILCS 5/7-1-2. The proposed consent of the Governor appears at the bottom of this petition. WHEREFORE, the CITY OF MCHENRY hereby requests the Governor to execute the consent which appears below this Petition effectively consenting to the City's annexation of that portion of FAP 420 depicted and legally described on Exhibit A. CITY OF MCHENRY by ZUKOWSKI, ROGERS, FLOOD & MCARDLE BY: David W. McArdle, Attorney CONSENT OF GOVERNOR The Governor of the State of Illinois, James Edgar, hereby consents to the City of McHenry's annexation of that portion of FAP 420 legally described and depicted on Exhibit A attached to the City's Petition, pursuant to Section 7-1-2(f) of the Illinois Municipal Code. Dated this 14th day of December , 1998. Governor of the State of Illinois Exhibit A Parcel 0039 That part of the East half of the Northeast quarter of Section 22 and the Southwest Quarter of the Northwest quarter of Section 23, Township 45 North, Range 8 East of the Third Principal Meridian, McHenry County, Illinois, described as follows: Beginning of the Northwest corner of the Southwest quarter of the Northwest quarter of Section 23, which is 178.97 feet Northeasterly of Station 659+38.74 on the centerline of F.A. Route 201, recorded in Document 413547, as measured normal thereto; thence Easterly along the North line of the Southwest quarter of the Northwest quarter of Section 23 a distance of 108.69 feet to a point which is 230.00 feet Northeasterly of station 660+34.71 on the centerline of F.A. Route 201, as measured normal thereto; thence Southeasterly along a line which makes an angle of 28 degrees, 00 minutes, 00 seconds to the right of the prolongation of the last described course at the last described point a distance of 1,175.99 feet to a point which is 230.00 feet Northeasterly of Station 602+00 on the centerline of F.A. Route 201, as measured normal thereto; thence Southeasterly along a line which makes an angle of 0 degrees, 49 minutes, 06 seconds to the left of the prolongation of the last described course at the last described point a distance of 194.85 feet to a point on the East line of the Southwest quarter of the Northwest quarter of Section 23 which is 232.78 feet Northeasterly of Station 603+94.83 on the centerline of F.A. Route 201, as measured normal thereto; thence Southerly along the said East line which makes an angle of 62 degrees, 56 minutes, 06 seconds to the right of the prolongation of the last described course at the last described point a distance of 444.37 feet to a point which is 160.00 feet Southwesterly of Station 606+02.66 on the centerline of F.A. Route 201, as measured normal thereto; thence Northwesterly along a line which makes an angle of 117 degrees, 53 minutes, 00 seconds to the right of the prolongation of the last described course of the last described point a distance of 602.66 feet to a point which is 160.00 feet Southwesterly of Station 600+00 on the centerline of F.A. Route 201, as measured normal thereto; thence Northwesterly along a line which makes an angle of 2 degrees, 51 minutes, 45 seconds to the right of the prolongation of the last described course at the last described point a distance of 200.25 feet to a point which is 150.00 feet Southwesterly Station 59B+00 on the centerline of F.A. Route 201, as measured normal thereto; thence Northwesterly along a line which makes an angle of 2 degrees, 51 minutes 45 seconds to the left of the prolongation of the last described course at the last described point a distance of 697.04 feet t o a point on the west line of the Northwest quarter of Section 23 and the East line of the Northeast quarter of Section 22 which is 150.00 feet Southwesterly of Station 661+13.66 on the centerline of F.A. Route 201, as measured normal thereto; thence Northwesterly along the prolongation of the last described line from the last described point a distance of 1,221.22 feet to a point on the Grantor's Northwesterly property line, said point being 150.00 feet Southwesterly of Station 648+92.44 on the centerline of F.A. Route 201, as measured normal thereto; thence Northeasterly along said property line which makes an angle of 133 degrees, 01 minutes, 30 seconds to the right of the prolongation of the last described course at the last described point a distance of 296.88 feet to a property corner which is 67.04 feet Northeasterly of Station 650+95.01 on the centerline of F.A. Route 201, as measured normal thereto; thence Easterly along the Grantor's North property line which makes an angle of 30 degrees, 14 minutes, 00 seconds to the right of the prolongation of the last described course at the last described point a distance of 323.64 feet to a point which is 230.00 feet Northeasterly of Station 653+74.63 on the centerline of F.A. Route 201, as measured normal thereto; thence Southeasterly along a line which makes an angle of 30 degrees, 14 minutes, 00 seconds to the right of the prolongation of the last described course at the last described point a distance of 536.98 feet to a point on the East line of the Northeast quarter of Section 22 which is 230.00 feet Northeasterly of Station 659+11.61 on the centerline of F.A. Route 201, as measured normal thereto; thence Southerly along the said East line which makes an angle of 62 degrees, 00 minutes, 00 seconds to the right of the prolongation of the last described course of the last described point a distance of 57.79 feet to the point of beginning. Ex h i b i *t- B RS-99-002 RESOLUTION ANNEXING PROPERTY OWNED BY THE STATE OF ILLINOIS TO THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, the City of McHenry desires to annex certain property owned by the State of Illinois and lying west of its existing corporate limits; and WHEREAS, the property in question is legally described and depicted on Exhibit 1, attached hereto and made a part hereof (the "Subject Property"); and WHEREAS, pursuant to 65 ILCS 517-1-2(f), the City petitioned the Governor of the State of Illinois for his consent to the annexation of the Subject Property; and WHEREAS, on the 14th day of December, 1998, James Edgar, Governor of the State of Illinois, consented to the annexation of the Subject Property. A true and correct copy of said consent is attached hereto and made a part hereof as Exhibit 2; and WHEREAS, it has been determined by the City Council of the City of McHenry, McHenry County, Illinois, that this resolution shall become effective immediately upon its passage. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, that pursuant to 65 ILCS 517-1-2(f), the City hereby annexes the Subject Property. BE IT FURTHER RESOLVED that the City Clerk of the City of McHenry file a certified copy of this Resolution with the Clerk of McHenry County and record a certified copy of this Resolution with the Recorder of Deeds for McHenry County. BE IT FURTHER RESOLVED that the City Clerk spread the above Resolution upon the minutes of the meeting of the City of McHenry at which the above Resolution was adopted.