HomeMy WebLinkAboutOrdinances - ORD-17-1842 - 10/16/2017 - LINCOLN RD ROW VACATION & DEDICATIONORDINANCE NO.ORD-17-1842
An Ordinance Vacating Part of Lincoln Road Right of Way
And Vesting Title to the same in Bodinus Marina Properties, LLC And
Accepting Dedication of Propertyfrom Bodinus Marina Properties, LLC
WHEREAS, the City of McHenry, McHenry County, Illinois ("City"), 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;
WHEREAS, it has been determined that an unimproved portion of the Lincoln Road right of
way, northeast of the intersection of Lincoln Road and River Road in the City of McHenry, is no
longer needed for public purposes and the public interest will be served by vacating such portion of
the Lincoln Road right of way;
WHEREAS, pursuant to 65 ILCS 5/11-91-1, as well as its home rule powers, the City has the
authority to vacate any street or alley, or part thereof, within its jurisdiction when it has been
determined that the public interest will be served;
WHEREAS, that portion of the unimproved Lincoln Road right of way to be vacated is
depicted on that certain Plat of Vacation, prepared by HR Green with a last revision date of April 20,
2017, a copy of which is attached hereto as Exhibit A, which property is legally described as
follows:
A PART OF LINCOLN ROAD (FORMERLY ANN STREET), ACCORDING TO THE
ORIGINAL PLAT OF MCHENRY, EAST OF THE FOX RIVER, BEING 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 DULY 6, 1840 IN BOOK B OF DEEDS PAGE 160, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 8 IN BLOCK 3 IN SAID
ORIGINAL PLAT OF MCHENRY; SOUTH 89 DEGREES 01 MINUTES 04 SECONDS WEST
ALONG THE SOUTH LINE OF SAID LOT 8, 62.35 FEET TO A POINT ON A TANGENT
CURVE AND THE POINT OF BEGINNING; THENCE 146.79 FEET SOUTHWESTERLY
ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 223.00 FEET, A CHORD
BEARING OF SOUTH 70 DEGREES 09 MINUTES 36 SECONDS WEST AND CHORD
LENGTH OF 144.16 FEET TO A NON -TANGENT POINT ON THE EAST LINE OF
VACATED ANN STREET LYING WEST OF THE NORTHERLY EXTENSION OF THE
EAST LINE OF LOT 1 IN BLOCK 5 IN SAID ORIGINAL PLAT OF MCHENRY; THENCE
NORTH 00 DEGREES 00 MINUTES 53 SECONDS WEST ALONG SAID EAST LINE, 46.60
FEET TO THE SOUTHEAST CORNER OF LOT 1 IN BLOCK 4 IN SAID ORIGINAL PLAT
OF MCHENRY; THENCE NORTH 89 DEGREES 01 MINUTES 04 SECONDS EAST ALONG
THE SOUTH LINE OF SAID BLOCK 3 AND THE WESTERLY EXTENSION THEREOF,
137.05 FEET TO THE POINT OF BEGINNING, ALL IN MCHENRY COUNTY, ILLINOIS
("Vacated Right of Way");
Vacation of Part of Lincoln Road, Page 1
WHEREAS, it is the desire of the City that title to the Vacated Right of Way should be
vested with Bodinus Marina Properties, LLC in exchange for the dedication of certain land from
Bodinus Marina Properties, LLC to the City which land is depicted on that certain Plat of Dedication,
prepared by HR Green with a last revision date of April 20, 2017, a copy of which is also attached
hereto as Exhibit B, which dedicated property is legally described as follows:
PARCEL 1: A PART OF VACATED ANN STREET LYING WEST OF THE EAST LINE
OF LOT 1 IN BLOCK 5, PRODUCED NORTH, ACCORDING TO THE ORIGINAL PLAT
OF MCHENRY, EAST OF THE FOX RIVER, BEING 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, DESCRIBED
AS FOLLOWS: BEGINNING AT THE NORTH EAST CORNER OF SAID LOT 1;
THENCE SOUTH 89 DEGREES O1 MINUTES 04 SECONDS WEST ALONG THE
NORTH LINE OF SAID LOT 1, ALSO BEING THE SOUTH LINE OF SAID VACATED
ANN STREET, 23.01 FEET TO THE NORTHWESTERLY CORNER OF THE
EXCEPTION TO "PARCEL 2" IN DOCUMENT NO. 1999R0071333, BEING ALSO A
POINT ON A NON -TANGENT CURVE; THENCE 16.45 FEET NORTHEASTERLY
ALONG THE EXTENSION OF THE CURVE DESCRIBED IN THE EXCEPTION TO
PARCEL 2" IN DOCUMENT NO. 1999R0071333, BEING A CURVE TO THE LEFT
HAVING A RADIUS OF 351.97 FEET, A CHORD BEARING OF NORTH 49 DEGREES
04 MINUTES 08 SECONDS EAST AND A CHORD LENGTH OF 16.45 FEET TO A
POINT OF REVERSE CURVE; THENCE 13.90 FEET NORTHEASTERLY ALONG A
CURVE TO THE RIGHT HAVING A RADIUS OF 223.00 FEET, A CHORD BEARING
OF NORTH 49 DEGREES 30 MINUTES 58 SECONDS EAST AND CHORD LENGTH
OF 13.90 FEET TO THE EAST LINE OF SAID VACATED ANN STREET; THENCE
SOUTH 00 DEGREES 00 MINUTES 53 SECONDS EAST ALONG SAID EAST LINE,
19.41 FEET TO THE POINT OF BEGINNING, ALL IN MCHENRY COUNTY, ILLINOIS;
and
PARCEL 2: A PART OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP
45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: COMMENCING AT THE EASTERLY CORNER OF LOT 5 IN BLOCK 4 IN
HUNTERVILLE PARK, ACCORDING TO THE PLAT THEREOF RECORDED MARCH
30, 1929 AS DOCUMENT NO.87599; THENCE SOUTH 38 DEGREES 05 MINUTES 52
SECONDS WEST ALONG THE SOUTHEASTERLY LINE OF SAID LOT 5,123.15
FEET TO THE SOUTHERLY CORNER THEREOF AND THE EAST LINE OF RIVER
COURT PER HUNTERVILLE PARK; THENCE SOUTH 89 DEGREES 59 MINUTES 07
SECONDS WEST PERPENDICULAR TO SAID EAST LINE, 30.00 FEET TO THE
WEST LINE OF SAID RIVER COURT AND THE EAST LINE OF "PARCEL 5" AS
DESCRIBED PER DOCUMENT NO. 1999R0071333, BEING ALSO 132 EASTERLY OF
AND PARALLEL WITH THE EAST LINE OF SAID SOUTHWEST QUARTER OF
SECTION 25; THENCE SOUTH 00 DEGREES 00 MINUTES 53 SECONDS EAST
ALONG SAID EAST LINE, 32.54 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUING SOUTH 00 DEGREES 00 MINUTES 53 SECONDS EAST, 20.00 TO THE
Vacation of Part of Lincoln Road, Page 2
SOUTH LINE OF SAID "PARCEL 5"; THENCE SOUTH 89 DEGREES 01 MINUTES 04
SECONDS WEST, 66.30 FEET TO THE EAST LINE OF "PARCEL 1" AS DESCRIBED
PER DOCUMENT NO.2015R0017255; THENCE NORTH 00 DEGREES 00 MINUTES
53 SECONDS WEST ALONG SAID EAST LINE, 7.00 FEET; THENCE NORTH 89
DEGREES O1 MINUTES 04 SECONDS EAST, 40.00 FEET; THENCE NORTH 62
DEGREES 53 MINUTES 48 SECONDS EAST, 29.52 FEET TO THE POINT OF
BEGINNING, ALL IN MCHENRY, COUNTY, ILLINOIS ("Dedicated Property"); and
WHEREAS, 65 ILCS 5/11-91-1 requires that an ordinance vacating property be passed by an
affirmative vote of at least three -fourths of the Aldermen then holding office;
NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF
MCHENRY, McHenry County, Illinois, as follows:
Vacation of a Portion of Lincoln Road
SECTION 1: The City Council herby finds that the public interest is served by vacating the
Vacated Right of Way insofar as the City will not have any further burden or responsibility for
maintaining same.
SECTION 2: The Vacated Right of Way is hereby vacated pursuant to 65 ILCS 5/11-91-1, as
well as the City's home rule powers, and title to the Vacated Right of Way shall be vested with the
Bodinus Marina Properties, LLC, subject to any easements or other rights of utilities or other parties
and restrictions or encumbrances of record.
Acceptance of Dedication of Bodinus Marina Properties, LLC Property
SECTION 3: The Dedicated Property is hereby accepted by the City of McHenry in
exchange for vacation of the Vacated Right of Way.
SECTION 4: That all maps, journals and other records of the City be changed accordingly.
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.
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.
Vacation of Part of Lincoln Road, Page 3
Voting Aye: CURRY, MIHEVC, CONDON, DEVINE, SCHAEFER, GLAB
Voting Nay: NONE
Absent: SANTI
Abstain: NONE
APPROVED:
Mayor yne ett
ATTEST:d�m .. �Y'
C Cle ynzi Nevitt
Vacation of Part of Lincoln Road, Page 4
Mail To:
City of McHenry
City Clerk's Office
333 South Green Street
McHenry, IL 60050
CERTIFICATION
I, LYNZI NEVITT, 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 ,16th day of October 2017, the foregoing Ordinance entitled An Ordinance
Vacating Part of Lincoln Road Right of Way And Vesting Title to the same in Bodinus Marina
Properties, LLCAnd Accepting Dedication of Property from Bodinus Marina Properties, LLC, was
duly passed by the City Council of the City of McHenry.
The pamphlet form of Ordinance No. ORD-17-1842, including the Ordinance was prepared,
and a copy of such Ordinance was posted in the City Hall, commencing on the 17t' day of
OCTOBER 2017, 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 day of (/ 2017.
Lyn ' e 't , Clerk
City of McHenry,
McHenry County, Illinois
(SEAL)