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Home My WebLink AboutOrdinances - 20-44 - 12/07/2020 - Annexing 09-26-482-009II IIIIIIIIIIIIIIIIIIIIlIIIIIIII III 8 0 2 1 4 9 7 6 Tx-40158020 Mail to: McHenry City Clerk 333 S Green St McHenry, IL 60050 muohnson@citvofmchenrV.org Prepared By: McHenry City Clerk 333 S Green St McHenry, IL 60050 COVER SHEET Ordinance 20-44 JOSEPH J. TIRIO RECORDER-MCHENRY COUNTY, IL 202OR0053748 12/09/2020 08:33:21 AM PAGES: 8 GIS FEE 24.06 RECORDING FEE 11.00 AUTOMATION FEE 8.00 An Ordinance Annexing Approximately .57 Acres Located North of River Road and South of Illinois Route 120, 09-26-482-009, in McHenry County, Illinois McHenry County Recorder JOSEPH J. TIRIO # 202OR0053748 CITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS Ordinance 20-44 An Ordinance Annexing Approximately .57 Acres Located North of River Road and South of Illinois Route 120, 09-26-482-009, in McHenry County, Illinois Passed by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois December 7, 2020 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 8th day of December, 2020. McHenry County Recorder JOSEPH J. TIRIO # 202OR0053748 ORDINANCE NO 20-44 AN ORDINANCE ANNEXING APPROXIMATELY .57 ACRES LOCATED NORTH OF RIVER ROAD AND SOUTH OF ILLINOIS ROUTE 120, 09-26-482-029, IN MCHENRY COUNTY ILLINOIS WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, annexation of said real estate to the City is legally described on Exhibit "A" and depicted on the Plat of Annexation "Exhibit B," attached hereto and incorporated herein, the "SUBJECT PROPERTY," in accordance with 65 ILCS 5/7-1-13; and WHEREAS, the SUBJECT PROPERTY IS not located within any other municipality or subject to an annexation agreement with any other municipality, and said real estate is presently contiguous to and may be annexed to the City in accordance with 65 ILCS 5/7/1-1, et seq.; and WHEREAS, the City of McHenry does not provide library or fire protection services to the SUBJECT PROPERTY, so notice to the Fire Protection District or Public Library District of the annexation of said real estate is not required; and WHEREAS the City has determined that the annexation of said real estate is in the best interest of the City, will promote sound planning and growth of the City and otherwise enhance and promote the general welfare of the City and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: Subject to the conditions stated in Section 3 below the SUBJECT PROPERTY shall be and the same is hereby annexed to made a part of the corporate limits of the City of McHenry, including any and all portions of adjacent street, roads or highways as provided by law. SECTION 2: That the SUBJECT PROPERTY be and is hereby zoned RS1-A, Medium -Lower Density Single -Family Residential District, in accordance with the City of McHenry Zoning Ordinance. SECTION 3: This Ordinance is subject to the condition that the City, at its own expense, initiate reclassification of the SUBJECT PROPERTY to C-5 Highway Commercial District within 30 days of approval of this ordinance and that such reclassification be completed by December 31, 2020. In the event such reclassification is not completed by December 31, 2020, McHenry County Recorder JOSEPH J. TIRIO # 202OR0053748 this Ordinance, without any further action by the City, shall be deemed void and the City shall determine whether the annexation process shall proceed without any conditions of zoning reclassification. SECTION 4: The City Clerk is hereby directed to cause a certified copy of this ordinance, together with said plat, to be recorded in the Office of the Recorder of Deeds of McHenry County, Illinois. Following the recordation of this ordinance and plat, a copy thereof shall be filed in the Office of the Clerk of McHenry County, Illinois. SECTION 5: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 6: 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 7: 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 7th day of December, 2020. Ayes Nays Alderman Devine X Alderman Glab X Alderman Harding Alderman Mihevc X Alderwoman Miller X Alderman Santi X Alderman Schaefer �r _ Way J tt, ayor 1 Absent x Abstain %Y& /10a '�y % Trisha Ramel, City Clerk Q. 9G+1, C4rk McHenry County Recorder JOSEPH J. TIRIO # 202OR0053748 CERTIFICATION I, Trisha Ramel, do hereby certify that I am the duly appointed, acting and qualified clerk of the City of McHenry, McHenry County, Illinois, and that as such Clerk, I am the keeper of the records and minutes and proceedings of the Mayor and Aldermen of said City of McHenry. I do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City of McHenry, held on the 7th day of December 2020, the foregoing ordinance entitled [An ordinance annexing approximately .57 acres)] in the City of McHenry, was duly passed by the City Council of the City of McHenry. The pamphlet form of Ordinance No. 20-44 , including the ordinance and a cover sheet thereof, was prepared, and a copy of such ordinance was posted in the city hall, commencing on the 8th day of December 2020, and will continue for at least 10 days thereafter. Copies of such ordinance are also available for public inspection upon request in the office of the City Clerk. I do further certify that the original, of which the attached is a true and correct copy, is entrusted to me as the clerk of said city for safekeeping, and that I am the lawful custodian and keeper of the same. Given under my hand and seal this 8th day of December, 2020. 2 '<a At/ i Trisha Ramel, City Clerk vim` Pik City of McHenry McHenry County, Illinois McHenry County Recorder JOSEPH J. TIRIO # 202OR0053748 Exhibit A Legal Description of the Subject Property PIN: 09-26-482-029 LOTS 11 AND 12 IN BLOCK 10 IN THE ORIGINAL PLAT OF THE VILLAGE (NOW CITY) OF MCHENRY, EAST SIDE OF THE RIVER, A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 6, 1840, IN BOOK B OF DEEDS, PAGE 160, IN MCHENRY COUNTY, ILLINOIS. ALSO THAT PORTION OF CHARLES STREET, VACATED BY CITY OF MCHENRY ORDINANCE 02-1064, RECORDED AS DOCUMENT NUMBER 2002R27035, LYING SOUTHERLY OF THE EASTERLY EXTENSION OF THE NORTHERLY LINE OF LOT 12 IN BLOCK 10 IN THE ORIGINAL PLAT OF THE VILLAGE (NOW CITY) OF MCHENRY, EAST SIDE OF THE RIVER, A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 6, 1840, IN BOOK B OF DEEDS, PAGE 160, IN MCHENRY COUNTY, ILLINOIS. ALSO THAT PORTION OF SOUTH STREET, VACATED PER PLAT OF VACATION RECORDED MARCH 22, 2002 AS DOCUMENT 2002R0027036, LYING EASTERLY OF THE SOUTHERLY EXTENSION OF THE WESTERLY LINE OF LOT 11 IN BLOCK 10 IN THE ORIGINAL PLAT OF THE VILLAGE (NOW CITY) OF MCHENRY, EAST SIDE OF THE RIVER, A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 6, 1840, IN BOOK B OF DEEDS, PAGE 160, EXCEPTING THEREFROM THE LANDS DESCRIBED IN QUIT CLAIM DEED RECORDED DECEMBER 24, 2014 AS DOCUMENT 2014R0043757, ALL IN MCHENRY COUNTY, ILLINOIS. 3 McHenry County Recorder JOSEPH J. TIRIO # 202OR0053748 Exhibit B Plat of Annexation for the Subject Property PLAT OF ANNEXATION TO THE CITY OF MCHENRY a OF PART OF THE SOUTHEAST 1/4 OF SECTION 26, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, MCHENRY COUNTY, ILLINOIS. L 11UNOIS ROUTE 120 _ a e oilvacm_su�mn 3 C �a z (' D� ¢'EE n McHenry County Recorder JOSEPH J. TIRIO # 202OR0053748 Rental Housing Support Program (RHSP) State Surcharge{Exemption Declaration Illinois•law (55 ILCS 5/3-5018) requires that the Recorder collect a Rental Housing Support Program State surcharge for the recordation of any real estate'related document unless the entity recording the.document is any State agency, any unit of local government or any school district` By checking this. box and affixing my signature below, I hereby claim that 'the entity recording this document is'a State agency, a unit of•local, government or a school district and -thus claiming to be exempt from the Rental Housing Support Program State surcharge. Name o State agency, unit of local government or school district recording this document (Please Print) Name of person presenting this, declaration (Please Print) Signature of Arson "presenting this declaration Date RHSP Exemption Declaration Form 20170327-I.docx McHenry County Recorder JOSEPH J. TIRIO # 2020R0053748