HomeMy WebLinkAboutOrdinances - ORD-04-1231 - 10/11/2004 - ANNEX HUNTERVILLE PARK SUBORDINANCE NO. ORD-04-1231
An Ordinance Annexing Certain Property
to the City of McHenry Known
as the Hunterville Park Subdivision
WHEREAS, a petition for annexation was filed on June 28, 2004, in the 19th Judicial Cir-
cuit Court requesting that certain property, legally described in Section 1 of this Ordinance and
commonly known as the "Hunterville Park Subdivision" be annexed to the City of McHenry; and
WHEREAS, a public hearing was held in the 19th Judicial Circuit Court before Judge Mi-
chael J. Sullivan on said petition for annexation on the 13th day of September, 2004; and
WHEREAS, Judge Michael J. Sullivan granted relief requested by the Petitioners and
ordered that the question of annexation of certain property known as the "Hunterville Park Sub-
division" be submitted to the corporate authorities of the City of McHenry for final action as
soon as practical.
NOW, THEREFORE, BE IT ORDAINED by the Acting Mayor and City Council of the
City of McHenry, McHenry County, Illinois, as follows:
SECTION 1: That the following described territory (indicated on an accurate map which
is appended to and made a part of this Ordinance as Exhibit A) is hereby annexed to the City of
McHenry:
Lots 1 through li in Block 1, Lots 7 through 25 in Block 2, Lots 7 through 15 and
Lots 17 through 23 in Block 3, Lots 6 through 14 in Block 4, and Lots 1 through
22 in Block 5, Mary Lane, MOUrine Lane except the southeasterly 130.00 feet,
Emily Lane except the southeasterly 130.00 feet, and all of River Lane all being
in Hunterville Park Subdivision being a Subdivision of the Southeast Quarter of
26 and the Southwest Quarter of Section 25 in Township 45 North, Range 8 East
of the Third Principal Meridian, also that part Pistakee Bay Road lying southeast-
erly of and adjacent to Mary Lane and Lots 1 through 3 in Block 1 of said
Hunterville Park Subdivision in Section 25 in Township 45 North, Range 8 East
Hunterville Annexation, Page 1
of the Third Principal Meridian all in McHenry County, Illinois.
Also, That part of the Southeast Quarter of Section 26, Township 45 North, Range
8 East of the Third Principal Meridian, described as follows: Beginning at the
southeasterly corner of Lot 22 of Block 5 of Hunterville Park Subdivision, ac-
cording to the Plat thereof recorded March 30, 1929 as Document No. 87599, in
Book 7 of Plats, page 4, and running thence South 42 degrees 14 minutes East
along the southerly line of River Court in said Subdivision, 41.93 feet; thence
South 30 degrees 17 minutes West 37.5 feet, more or less, to a point in a line
drawn 52.5 feet southerly from, measured at right angles to and parallel with the
southerly line of said Lot 22; thence North 62 degrees 57 minutes West along said
parallel line, 215.2 feet, more or less, to the water's edge of Fox River; thence
northerly along said water's edge 52.6 feet, more or less, to the point of intersec-
tion of said water's edge with the southerly line of said Lot 22; thence easterly
along the southerly line of said Lot 22 to the Place of Beginning in McHenry
County, Illinois.
SECTION 2: That pursuant to Section 17.4 of the City of McHenry Municipal Code,
upon annexation to the City, the property shall be zoned RS-4, High -Density Single -Family
Residential District under the terms of the City of McHenry Zoning Code.
SECTION 3: This Ordinance shall be deemed null and void in the event that the City
fails to enact an ordinance, on or before June 1, 2005, establishing a special service area encom-
passing the annexed territory providing for improvements, including sanitary sewer and potable
water facilities and street reconstruction.
SECTION 4: That the City Clerk of the City of McHenry is hereby directed to record in
the office of the Recorder of Deeds and to file in the Office of the County Clerk of McHenry
County, Illinois, and the post office serving the territory promptly after 30 days of the effective
date of this Ordinance a certified copy of this Ordinance, together with an accurate map of the
property hereby annexed, said map being attached hereto, made a part hereof and identified as
Exhibit A.
SECTION 5: That the City Clerk is hereby directed to send written notice of this annexa-
tion by registered mail to the McHenry Township Highway Commissioner after the expiration of
the 30 day period.
SECTION 6: If any section, paragraph, subdivision, clause, sentence or provision of this
Ordinance shall be adjudge 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 7: All ordinances or parts of ordinances in conflict herewith are hereby re-
Hunterville Annexation, Page 2
pealed to the extent of such conflict.
SECTION 8: 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.
Ayes: BOLGER, GLAB, LOW, MURGATROYD, WIMMER, PETERSON, CONDO,N.
Nays: NONE
Absent: NONE
Abstain: NONE
APPROVED:
ZW407 � .0 VY044...
Susan E. Low, Acting Mayor
(SEAL)
ATTEST: —
City Clerk K14i I e
Passed: 1� 11�na
Approved: 10 / 11 /04
Published: 10 / 11 /04
Prepared by:
David W. McArdle, City Attorney
Zukowski, Rogers, Flood & McArdle
50 Virginia Street
Crystal Lake, IL 60014
815/459-2050
Plh McHenry ordlHunlervilleAnnex ord doc
Hunterville Annexation, Page 3