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Home My WebLink AboutOrdinances - ORD-18-1898 - 10/15/2018 - First Amendment to Annexation Agreement Liberty TrailsII IIINIIIIIf YVIVIIIIIII IIIA JOSEPH 1. TIRIO RECORD ER-MCHENRY COUNTY, IL 2018R0036940 10/29/2018 09:31:10 AM PAGES: 9 RECORDING FEE 30.00 GIS FEE 15.00 This space reserved for Recorder's use only. CERTIFICATION I, Debra Meadows, do hereby certify that I am the duly appointed, acting and qualified Deputy Clerk of the City of McHenry, McHenry County, Illinois, and I do hereby further certify that the attached document is a true and correct copy of Ordinance 18-1898, An Ordinance Authorizing the Execution of a First Amendment to an Annexation Agreement for an Approximately 100 acre property located in the Liberty Trails. I do further certify that the original, of which the attached is a true and correct copy, is entrusted to me as the Deputy Clerk of said City for safekeeping, and that I am the lawful custodian and keeper of the same. Given under my hand and corporate seal of the City of McHenry this 15th day of October, 2018. Debra Meadows, Deputy City Clerk (SEAL), `" City of McHenry, McHenry County, Illinois Prepared by the Office of the McHenry City Clerk Mail to: Office of the Deputy City Clerk City of McHenry 333 S. Green Street CITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS ORDINANCE NUMBER ORD-18-1898 An Ordinance authorizing the execution of a First Amendment to an Annexation Agreement for an Approximately 100 acre property located in the Liberty Trails Subdivision Adopted by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois October 15, 2018 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 15th day of October, 2018. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 McHenr Ph Fax: (815) 363-21733 www.ci.mchenry.il.us ORDINANCE NO. 18-1898 AN ORDINANCE AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO AN ANNEXATION AGREEMENT FOR AN APPROXIMATELY 100 ACRE PROPERTY LOCATED IN THE LIBERTY TRAILS SUBDIVISION WHEREAS, the City of McHenry, an Illinois Municipal Corporation in the State of Illinois ("City"), 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, Gerstad Builders Inc., 2703 Bush Terrace, McHenry Illinois 60051 is the record title holder ("Sole Beneficiary and Developer") of the real estate located within the Liberty Trails Subdivision, in McHenry County, Illinois; and WHEREAS, notice of a public hearing was published in the Northwest Herald, a newspaper of general circulation in the City of McHenry, within the time provided by law, notifying the public of a hearing on said Amendment to the Annexation Agreement before the Corporate Authorities of the City of McHenry; and WHEREAS, the Corporate Authorities of the City of McHenry have held the public hearing as required by law and have found that entry into said Amendment to the Annexation Agreement is in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The First Amendment to the Annexation Agreement, bearing the date of October 15, 2018 between the City and Record Owner be and the same is hereby approved. A complete and accurate copy of said amended annexation agreement labeled "First Amendment to Liberty Trails Annexation Agreement", is attached to this ordinance and incorporated herein by reference as Exhibit "A." SECTION 2: The Mayor and City Clerk are hereby authorized to affix their signatures as Mayor and City Clerk to said Amended Annexation Agreement for the uses and purposes therein set forth. 2 Department of Community & Economic Development McHenry Municipal Center b` 333 Green Street " McHenry, Illinois 60050 Ic jamlenr Ph Fax: (815) 363-21733 www.ci.mchenry.il.us SECTION 3: All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: 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 5: 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 DAY OF 2018 AYES: Al&e�M�r�`. �,1�� M'kl� t;C II ei)'� (-y-.hcede" ((alJ �lf��1 �,�(,�Xrh�✓v �C��o�� 2ft NAYS: ^ / ABSTAINED: 16 ABSENT: 0 NOT VOTING: ( APPROVED THIS 1.6 DAY OF2018 Lot — MAYOR /ATTEST: CITY CLERK VA r' ly; •I.wwww♦ 3 J- Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Exhibit A First Amendment to the Liberty Trails Subdivision Annexation Agreement THIS FIRST AMENDMENT TO THE LIBERTY TRAILS ANNEXATION AGREEMENT, APPROVED BY THE CITY COUNCIL OF MCHENRY ON jULY 5th 2000 ("Original Agreement"), is entered into this 15th day of October, 2018, between the City of McHenry, an Illinois municipal corporation, 333 S Green Street, McHenry, IL 60050 ("City") and Gerstad Builders Inc., 2703 Bush Terrace, McHenry Illinois 60051 regarding the property located north of Lincoln Road and west of Chapel Hill Road in the City of McHenry ("Subject Property") legally described on Exhibit A attached hereto and incorporated herein ("First Amendment"). NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 19. Donations, Contributions and Fees Notwithstanding anything contained in the Original Annexation Agreement to the contrary, the Parties agree that the annexation fees required pursuant to paragraph 19(1)(2) thereof, and the Cash Donations required pursuant to paragraph 19(3) thereof, all as adjusted for the passage of time in accordance with the Original Annexation Agreement, shall be reduced by fifty percent (50%) for a period beginning October 15, 2018 through September 24, 2019 ("Fee and Donation Discount Period"). The discount shall be calculated based on the amount due as of the date of payment thereof. All of said fees and donations shall be payable at the time of building permit, on a lot by lot basis. All of the foregoing shall remain in effect for the Owner Lots notwithstanding any future fee or donation increases pursuant to City ordinances and further notwithstanding any new fees or donations which may hereafter be adopted by the City. Owner shall have the right to prepay any fees or donations due or to become due pursuant to the Original Annexation Agreement (as amended), and such fees and donations shall be at the discounted rates as described herein, provided they are paid to the City within the Fee and Donation Discount Period. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, and have caused this instrument to be executed by their duly authorized officials and the corporate seal attached hereto, all on the date and year first above written. City of McHenry By: iAgOa \WaVAe S. Jet , Mayor Attest: Debra Meadows, Deputy City Clerk Owner: Gerstad Builders B 4� Print Name: Department of Community & Economic Development ,M McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 [cHenr Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Exhibit B Legal Description of the Subject Property PARCEL 1: LOT 1 OF THE COUNTY CLERK'S PLAT OF THE WEST HALF OF SECTION 25, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEROF RECORDED IN BOOK 2 OF PLATS, PAGE 38, (EXCEPTING THOSE PARTS THEREOF INCLUDED WITHIN THE BOUNDARIES OF THE DIEDRICH'S FIRST ADDITION TO WOOODLAWN PARK, DIEDRICH'S SECOND ADDITION TO WOODLAWN PARK AND DIEDRICH'S THIRD ADDITION TO WOODLAWN PARK; ALSO EXCEPTING THAT PART THEREOF CONVEYED BY WARRANTY DEED BY JACOB M. DIEDRICH AND WIFE, TO ELSA LOUISE KRENZ DATED SEPTEMBER 9, 1921 AND RECORDED JANUARY 6, 1923 IN BOOK 166 OF DEEDS, PAGE 441; ALSO EXCEPTING THAT PART THEREOF CONVEYED BY WARRANTY DEED FROM JACOB M. DIEDRICH AND WIFE TO ELSA LOUISE KRENZ DATED NOVEMBER 17, 1921 AND RECORDED JANUARY 6, 1923 IN BOOK 163 OF DEEDS, PAGE 347; ALSO EXCEPTING A TRACT OF LAND DESCRIBED AS BEGINNING AT A POINT ON THE SOUTHWESTERLY LINE OF LOT 1, EXTENDED NORTHWESTERLY, IN DIEDRICH'S THIRD ADDITIONTO WOODLAWN PARK, A SUBDIVISION OF PART OF THE NORTH HALF OF FRACTIONAL SECTION 25, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 9, 1921 AS DOCUMENT NUMBER 51849, IN BOOK 4 OF PLATS, PAGE 35, WHICH IS 16 1/2 FEET, MORE OR LESS, FROM THE WESTERLY CORNER OF LOT 1, AFORESAID, FOR A PLACE OF BEGINNING; THENCE SOUTHWESTERLY ALONG THE SOUTHEASTERLY RIGHT OF WAY THE EXISTING ROADWAY, FOR A DISTANCE OF 125 FEET; THENCE EASTERLY ALONG A STRAIGHT LINE TO A POINT WHICH IS 35 FEET SOUTHWESTERLY FROM THE SOUTH CORNER OF LOT 1 ALSO SAID SOUTH LINE EXTENDED SOUTHWESTERLY OF DIEDRICH'S THIRD ADDITION TO WOODLAWN PARK, AFORESAID: THENCE NORTHEASTERLY 35 FEET TO THE SOUTHERLY CORNER OF LOT 1 , AFORESAID; THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY LOT LINE OF LOT 1 AND SAID LINE AS EXTENDED NORTHWESTERLY TO THE PLACE OF BEGINNING, ALSO EXCEPTING THAT PART OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 25, LYING 40 FEET NORTHERLY OF THE FOLLOWING DESCRIBED CENTER LINE; BEGINNING AT A POINT 680 FEET WEST OF THE CENTER OF SAID SECTION 25; THENCE EASTERLY ALONG SAID CENTER LINE, A DISTANCE OF 680 FEET TO THE CENTER OF SAID SECTION 25; ALSO EXCEPTING THAT PART LYING ON THE EASTERLY SIDE OF FOX RIVER, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 25; THENCE SOUTH 20 DEGREES, 45 MINUTES WEST, 161.5 FEET TO AN IRON STAKE AT THE MOST EASTERLY CORNER OF LOT 13, ACCORDING TO THE PLAT THEREOF RECORDED IN THE ,., Department of Community & Economic Development Z McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 McHenr Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us DIEDRICH'S SECOND ADDITION TO WOODLAWN PARK, AS RECORDED IN THE RECORDER'S OFFICE OF MCHENRY COUNTY, ILLINOIS, IN BOOK 4 OF PLATS, PAGE 35; THENCE NORTH 49 DEGREES WEST ALONG THE NORTHEASTERLY LINE OF SAID LOT 13, A DISTANCE OF 163.7 FEET; THENCE NORTH 36 DEGREES, 55 MINUTES EAST, 52.2 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 25; THENCE EAST, 149.5 FEET TO THE PLACE OF BEGINNING; ALSO EXCEPTING AN ADJOINING PARCEL OF LAND DESCRIBED BY BEGINNING AT THE MOST WESTERLY CORNER OF THE LAST ABOVE DESCRIBED TRACT; THENCE NORTH 49 DEGREES WEST, 12 FEET, MORE OR LESS, TO THE WATER'S EDGE OF FOX RIVER; THENCE NORTHEASTERLY ALONG THE WATER'S EDGE OF SAID FOX RIVER, TO AN INTERSECTION WITH THE NORTH LINE OF SAID SECTION 25; THENCE EAST ON SAID SECTION LINE, 20 FEET, MORE OR LESS, TO THE NORTHWESTERLY CORNER OF SAID ABOVE DESCRIBED TRACT; THENCE SOUTH 36 DEGREES, 55 MINUTES WEST, 52.2 FEET TO THE PLACE OF BEGINNING, ALSO EXCEPTING THEREFROM ALL THAT PART OF THE NORTH 508.65 FEET THEREOF AS MEASURED ALONG THE EAST LINE OF SAID LOT 1 NOT PREVIOUSLY EXCEPTED ABOVE), IN MCHENRY COUNTY, ILINOIS. ALSO PARCEL 2: THE NORTH HALF OF THE NORTHEAST QUARTER (EXCEPT THE NORTH 508.65 FEET OF THE WEST 350.41 FEET) OF SECTION 25, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN MCHENRY COUNTY, ILLINOIS. 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. "y 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. � i �\'( r- �' r 11 c f J-e n Name of State agency, uAit of local government or school Name of person presenting this declaration (Please Print) n Signature of person presenting this declaration recording this document (Please Print) Date RHSP Exemption Declaration Form 20170327-1.docx