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HomeMy WebLinkAboutS-962 Ordinance No . s-962 AN ORDINANCE ANNEXING PART OF SECTIONS 33 AND 34, TOWNSHIP 42 NORTH , RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN , KANE COUNTY , ILLINOIS , TO THE CITY OF ELGIN , KANE COUNTY , ILLINOIS : WHEREAS , a petition signed by all of the owners of record and electors residing on the territories hereinafter described has been filed with the City Clerk , and WhEREAS , said petition requests the annexation of such territories to the City of Elgin , Illinois , and contains therein a statement under oath that all of the owners of record and all of the electors residing on such territories have joined in such petition , and WHEREAS , the City of Elgin and the owners and developers of said property have heretofore entered into an Annexation Agreement after public hearing as authorized by Resolution of the City Council of the City of Elgin , containing conditions and agreements as to zoning and use of said property if annexed to the City of Elgin , and WHEREAS , said petition requests that in the event said lands are annexed to the City of Elgin , that they be zoned "M- 1 " Limited Manufacturing District as set forth in the Elgin Zoning Ordinance ( Chapter 21 of the City Code of Elgin , Illinois ) as amended , further subject to the conditions and restrictions set forth in said Annexation Agreement entered into by and between the parties , and WHEREAS , before the execution of said Annexation Agreement and prior to the filing of said petition for annexation , a written report was prepared and forwarded to the City Council , City of Elgin by the Plan Commission pertaining to the development and use of the territories described in said petition , and WHEREAS , the matter of zoning was heretofore referred to the Zoning Board of Appeals of the City of Elgin to publish notice and conduct the necessary public hearing , all as in the Statute made and provided , and WHEREAS , the Zoning Board of Appeals of the City of Elgin has duly advertised and held a public hearing pertaining to the zoning of said property andhas recommended that said lands be classified as M- 1 , Limited Manufacturing District , as provided in the Elgin Zoning Ordinance , and WhEREAS , the City Council of the City of Elgin concurs with such recommendations made by the Zoning Board of Appeals for the City of Elgin , expressly provided that those certain conditions and restrictions set forth in the Annexation Agreement ana hereinafter restated be imposed to protect the residential character of certain adjoining property . EV NOW , THEREFORE , BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ELGIN , ILLINOIS : the last described line extended, a distance of 66. 9 feet to a point , thence South Westerly on a Secton 1 . That the territories and lands described as line forming an angle of 81 degrees , 30 minutes follows , to-wit: to the right with the last described line extended, a distance of 2 ,788. 5 feet to a point; thence A part of Sections 33 and 34 , Township 42 North , Westerly on a line forming an angle of 0 degrees , Range 8 East of the Third Principal Meridian , 27 minutes to the left with the last described described as follows : Beginning at the Northwest line extended , a distance of 1 , 114. 2 feet to a corner of the Northeast quarter of the Southeast point ; thence North Easterly on a line forming quarter of Section 33 , Township 42 North , Range 8 an angle of 105 degrees , 14 minutes to the right East of the Third Principal Meridian ; thence South with the last described line extended , a distance 0 degrees 29 minutes West along the West line of of 68. 4 feet to the point of beginning . said Northeast quarter; 1153 . 5 feet to the North line of the Illinois State Toll Highway Commission That part of Section 34, Township 42 North , Range 8 right-of-way ; thence South 88 degrees 34 minutes East of the Third Principal Meridian in Township of East along said right-of-way 2363 , 46 feet; thence North 1 degree 26 minutes East 650. 0 feet ; thence Dundee , described as follows : South 88 degrees 34 minutes East 23 . 44 feet; thence North 10 degrees 01 minutes East , 200. 0 feet; Beginning at the South East corner of the South West quarter of Section 34; thence Westerly along the South thence North 88 degrees 34 minutes West , 239. 86 feet; thence North 1 degree 26 minutes East 334 . 15 feet to the line of said quarter section , a distance of 1 ,351 . 30 North line of the South half of said Section 34; feet to a point on the center line of existing State thence North 89 degrees 52 minutes West , along said Bond Issue 22 , thence North Easterly on a curve to North line , a distance of 877 48 feet to the West the right , said curve having a radius of 1 ,790. 49 quarter corner of said Section 34; thence North 89 feet a distance of 246. 90 feet to a point; thence degrees 01 minutes West , along the North line of the North Easterly on a line tangent to the last des- Northeast quarter of the Southeast quarter of Section cribed curve , a distance of 282. 90 feet to a point; 33 , Township and Range aforesaid , a distance of 1321 . 40 thence Northerly on a curve to the left said curve feet to the place of beginning . Being situated in having a radius of 4 , 297 . 20 feet , a distance of Dundee Township , Kane County , Illinois . 581 . 30 feet to a point; thence Northerly on a line tangent to the last described curve , a distance of Also Toll Gate Road lying Southerly and adjacent to 393 . 8U feet to a point , said point being on the the aforedescribed property , being described as follows , to-wit: center line of existing State Bond Issue 22; thence Westerly on a line forming an angle of 97 degrees That part of the South East quarter of Section 33 , 30 minutes to the left with the last described line and that part of the South West quarter of Section extended a distance of 101 . 59 feet to the point of 34 , Township 42 North , Range 8 East of the Third beginning ; thence continuing Westerly on the last Principal Meridian , in the Township of Dundee, described line extended for a distance of 186, 30 County of Kane , State of Illinois , described as feet to a point; thence North Easterly on a line follows : forming an angle of 137 degrees 59 minutes to the right with the last described line extended a Beginning at the North West corner of the South distance of 178. 8 feet to a point; thence North East quarter of Section 33 ; thence Southerly Easterly on a line forming an angle of 39 degrees along the West line thereof, a distance of 1 , 155, 00 20 minutes to the left with the last described line feet to a point; thence Easterly on a line forming extended a distance of 1 ,069 . 70 feet to a point , an angle of 90 degrees , 00 minutes to the left with thence South Easterly on a line forming an angle the last described West line , a distance of 238, 80 of 88 degrees 51 minutes to the right with the feet for a point of beginning ; thence continuing last described line extended, a distance of 73 .00 Easterly along the last described line extended , a feet to a point; thence Southerly on a line to the distance of 1 , 096, 2 feet to a point; thence South point of beginning . Easterly on a line forming an angle of 0 degrees , 27 minutes to the right with the last described line extended , a distance of 2 ,800 , 9 feet to a point; thence South Westerly on a line forming an angle of 98 degrees , 30 minutes to the right with OLUME XXXV December 23, 1970 605 That part of the North West quarter of the South East quarter of Section 33, Township 42 North , nothing in this restriction shall be construed to prohibit use Range b , East of the Third Principal Meridian , concerned with the operation of establishments for the manufacture , described as follows : assembly , disassembly , fabricating , repairing , storing , cleaning , Servicing , or testing of materials , goods or products , provided Beginning at a point on the West line of the North operation of such use conforms with the applicable regulations and West quarter of the South East quarter of Section 33 performance standards as setforth in the present Elgin Zoning a uistance of 996. 04 feet South of the North West ordinance. corner thereof; 4 thence South Easterly on a line forming an angle of 74 degrees 6 minutes to the left "mmilik 2 . The Owners and developer , their heirs , successors and assigns will install and maintain a 100-foot wide buffer strip with the said West line , a distance of 604 . 98 feet of green belting on that portion of said territory which abuts to a point; thence Westerly on a line forming an angle of lee degrees 4b minutes to the right with he boundary lines of Frontenac Subdivision residential lots , the last described line extended , a distance ntiguous to the above described real estate , which green belt of 344 . 93 feet to a point ; thence North Easterly trip will not be utilized for buildings , vehicle parking or on a line forming an angle of 105 degrees 14 roads , provided that any road or roadway constructed adjacent minutes to the right with the last described to the North boundary thereof may utilize said green belt area line extended , a distance of 24 . 61 feet to a as a shoulder and required right-of-way , so long as no portion point; thence North Westerly on a line forming f the pavement or traveled portiun of such road extends into an angle of 9U degrees 00 minutes to the left e green belt area . with the last described line extended, a dis- tance of 254 . 20 feet to a point on the West 3 . No access roads shall be permitted from the subject line of the North West quarter of the South operty connecting into or through the Frontenac Subdivision . East quarter of Section 33 ; thence Northerly along said West line , a distance of 68. 4 feet 4 . No exposed concrete block or common brick exterior wall to the place of beginning , all in the Township cing shall be permitted on any structure erected on the above of Dundee , Kane County , Illinois . scribed premises . be and they are hereby annexed to and made a part of the City 5 . The set back requirements for buildings on said territory of Elgin , Illinois , and that the boundary lines of the City of hall be as follows : Elgin be and they are hereby enlarged and extended to include Front yards not less than 50 feet in depth , within the corporate boundaries thereof the said described territories . Side yards not less than 25 feet in depth . Section 2 . That said territories hereinbefore described be , Section 3 . That a certified copy of this Ordinance together end they hereby are , included in the "M-1 " Limited Manufacturing ith an accurate map of said annexed territories be filed with District , as set forth in the Elgin Zoning Ordinance (Chapter 21 he Recorder of Deeds of Kane County , Illinois . of the City Code of Elgin , Illinois ) , as amended , subject , Section 4 . That this ordinance shall be in full force however , to the following specific restrictions and conditions ,to-wit: and effect from and after its passage as provided by law and shall be published in pamphlet form by authority of the 1 . No residential or commercial uses shall be permitted City Council . upon the above described property other than the following 1 specific uses : E . C. Alft , Mayor ( a) Motel , including accessory uses such as restaurant Presented : December 9, 1970 and beverage facilities and interior arcade type of shops Passed : December 23, 1970 forming an integral part of such motel complex . Vote : Yeas 4 Nays 0 Recorded : December 23, 1970. (b) Offices and office buildings . PUb l i s h ed : December 23, 1970Attest : ( c) Research facilities . ( d) Retail and wholesale sales of products manufactured argaret A. Shales , City Clerk or assembled on the premises .