10-176 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.
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Diane Robertson, ity Clerk
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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
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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