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HomeMy WebLinkAbout10-176 RECEIVED - 2010 SEP 17 AM 9:03 State of Illinois) 9444 ;-j eaoro.419/za 't -KANE COUNTY CLERK County of Kane) City of Elgin ) Recording Information CERTIFICATE OF CITY CLERK I, Diane Robertson, DO HEREBY CERTIFY that I am the duly qualified City Clerk of the City of Elgin, in the Counties of Kane and Cook in the State of Illinois, and that as such City Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal thereof. I DO FURTHER CERTIFY that the attached is a full, true, and correct copy of: RESOLUTION NO. 10-176 RESOLUTION PROTESTING RECLASSIFICATION OF PROPERTY IN KANE COUNTY (10N862 Muirhead Road) adopted by the Elgin City Council at its legally convened meeting held on September 8, 2010. In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the City of Elgin at the said City in the County and State aforesaid this September 14, 2010. G` �',OF EC C, \i„,„. _ • � � 2 Diane Robertson, ity Clerk n III ,' .,N This— • ment prepared by: Return to: William A. Cogley Diane Robertson Corporation Counsel Elgin City Clerk City of Elgin 150 Dexter Court 150 Dexter Court Elgin, IL 60120 Elgin, IL 60120 d w � i.� -oohCQkoo '"o -'d`-'-eS, O kW-`a-cxN \c",--c5-- -..s- c c_N.■. "k=e ra .\ -n rr1 State of Illinois ) — 0 County of Kane) --1 rr; City of Elgin ) R 1 O LJ Recording Information CERTIFICATE OF CITY CLERK I, Diane Robertson, DO HEREBY CERTIFY that I am the duly qualified City Clerk of the City of Elgin, in the Counties of Kane and Cook in the State of Illinois, and that as such City Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal thereof. I DO FURTHER CERTIFY that the attached is a full, true, and correct copy of: RESOLUTION NO. 10-176 RESOLUTION PROTESTING RECLASSIFICATION OF PROPERTY IN KANE COUNTY (10N862 Muirhead Road) adopted by the Elgin City Council at its legally convened meeting held on September 8, 2010. In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the City of Elgin at the said City in the County and State aforesaid this September 14, 2010. 'GjTY..oF o i -` h'z,. Diane Robertson, ity Clerk o' ,o Al � %/i �e:;A: ::b FEB.19• . This instrument prepared by: Return to: William A. Cogley Diane Robertson Corporation Counsel Elgin City Clerk City of Elgin 150 Dexter Court 150 Dexter Court Elgin, IL 60120 Elgin, IL 60120 'y7_ 93/-. / • Resolution No. 10-176 RESOLUTION PROTESTING RECLASSIFICATION OF PROPERTY IN KANE COUNTY (10N862 Muirhead Road) WHEREAS, application has been made to reclassify certain territory located at 10N862 Muirhead Road, which is not included within the boundaries of any municipality, from F District Farming to E 1 District Estate and E2 District Estate,said territory being legally described as follows: THAT PART OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID WEST HALF; THENCE SOUTH ALONG THE EAST LINE OF SAID WEST HALF; 317.39 FEET AS PER SURVEY BY HOWARD MEADOWS DATED FEBRUARY 2, 1972 (324.26 FEET MEASURED) FOR THE POINT OF BEGINNING; THENCE WESTERLY, PER SAID SURVEY,ALONG A LINE THAT FORMS AN ANGLE OF 90 DEGREES 47 MINUTES AS MEASURED FROM NORTH TO WEST WITH LAST DESCRIBED COURSE 346.75 FEET (345.89 FEET MEASURED)TO A CONCRETE MONUMENT;THENCE SOUTH 90 DEGREES, 48 MINUTES AS MEASURED FROM EAST TO SOUTH, 91.75 FEET, PER SAID SURVEY, (91.66 FEET MEASURED) TO THE SOUTHERLY LINE OF SAID MEADOWS SURVEY; THENCE SOUTHWESTERLY ALONG SAID SOUTHERLY LINE,THAT FORMS AN ANGLE OF 99 DEGREES,22 MINUTES(99 DEGREES,29 MINUTES, 15 SECONDS MEASURED)AS MEASURED FROM NORTH TO WEST, 357.76 FEET(357.15 FEET MEASURED); THENCE SOUTH ALONG A LINE PARALLEL TO THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 22, THAT FORMS AN ANGLE OF 99 DEGREES, 37 MINUTES, 44 SECONDS MEASURED FROM EAST TO SOUTH, 377.54 FEET; THENCE EAST ALONG A LINE PERPENDICULAR TO THE EAST LINE OF THE WEST HALF OF SAID SECTION 22, THAT FORMS AN ANGLE OF 89 DEGREES, 49 MINUTES, 08 SECONDS MEASURED NORTH TO EAST, 699.43 FEET, TO SAID EAST LINE OF WEST HALF; THENCE NORTH ALONG SAID EAST LINE THAT FORMS AN ANGLE OF 90 DEGREES AS MEASURED FROM WEST TO NORTH, 532.41 FEET TO THE POINT OF BEGINNING,IN THE TOWNSHIP OF PLATO,KANE COUNTY,ILLINOIS(property commonly known as 10N862 Muirhead Road). WHEREAS,said territory is within one and one-half miles of the corporate boundaries of the City of Elgin; and WHEREAS,the City of Elgin has passed a comprehensive plan and a zoning ordinance for the City of Elgin; and WHEREAS,the Planning and Development Commission of the City of Elgin has reviewed said application and recommended that the application be denied; and WHEREAS, the proposed reclassification threatens an adverse effect upon the value of surrounding properties and is inconsistent with the comprehensive plan of the City of Elgin; and WHEREAS, 55 ILCS 5/5-12014 provides for a protest procedure by a municipality to proposed text amendments or map amendments to county zoning ordinances where the land affected lies within one and one-half miles of the limits of a zoned municipality and in the event of such a protest by the municipality the proposed amendment shall not be passed except by the favorable vote of three-quarters of all of the members of the county board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby protests the proposed map amendment and reclassification of the above described territory from F District Farming to El District Estate and E2 District Estate. BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized and directed to file a certified copy of this resolution with the County Clerk of Kane County and to serve a certified copy of this resolution on the applicant for the proposed map amendment and a copy upon the applicant's attorney,if any,by certified mail at the address of such applicant and attorney shown in the application for the proposed amendment. s/Ed Schock Ed S chock, Mayor Presented: September 8, 2010 Adopted: September 8, 2010 Vote: Yeas: 6 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk