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Home My WebLink AboutOrdinances - ORD-18-1897 - 10/15/2018 - Chapel Annexation AmendmentN'NIIIIIIIVplllllll IVIIII9 JOSEPH J. TIRIO RECORDER-MCHENRY COUNTY, IL 2018R0039540 11/20/201S 08:54:49 AM PAGES: 9 RHSPS HOUSING FEE 9.00 GIS FEE 15.00 RECORDING FEE 12.00 AUTOMATION FEE 8.00 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 No. ORD 18-1897, An Ordinance Authorizing the Execution of Amendments to an Annexation Agreement for an Approximately 4.7 acre property located at 1809 South Illinois Route 31, in McHenry County, Illinois. I do here by 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 151h day of October, 2018. Debra Meadows, Deputy City Clerk (S ALj-`'^ ' �' City of McHenry, F 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-18-1897 An Ordinance Authorizing the Execution of Amendments to an Annexation Agreement for an Approximately 4.7 acre Property located at 1809 South Illinois Route 31 in McHenry County, Illinois ADOPTED BY THE CITY COUNCIL OF THE CITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS r)c-f S j 0 2018 Published in pamphlet form by authority of the City Council of the City of McHenry, McHenry County, Illinois this j � rday of ��,_ 4, vat vim, 2018 ^-' f Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 u y� Phone: (815) 363-2170 Ic e 11y Fax: (815) 363-2173 www.ci.mchenry.il.us ORDINANCE NO. 18-1897 AN ORDINANCE AUTHORIZING THE EXECUTION OF AMENDMENTS TO AN ANNEXATION AGREEMENT FOR AN APPROXIMATELY 4.7 ACRE PROPERTY LOCATED AT 1809 SOUTH ILLINOIS ROUTE 31 IN MCHENRY COUNTY, ILLINOIS 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, The Chapel, 1200 American Way Libertyville, IL 60048 is the record title holders ("Record Owner") of the real estate located at 4605 W Crystal Lake Road, 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 Amendments 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 Chapel 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. SECTION 3: All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. Department of Community & Economic Development McHenry Municipal Center 333 Green Street /--� J McHenry, Illinois 60050 Iu`—y��y Phone: (815) 363-2170 c e 11 v Fax: (815) 363-2173 www.ci.mchenry.il.us 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. t� PASSED THIS c DAY OF rjc I c by,r .2018 AYES: I6i c� r �tn,� � D2U-1.6j�4. 1,11 C (a h Selefi x-iiPC, NAYS: 0 ►mct yu� �S-2,+-4� ABSTAINED: ABSENT: (J NOT VOTING: (%1' APPROVED THIS Sh DAY OF .2018 MAY R Ac ST: CITY CLERK Exhibit A Legal Description of the Subject Property PARCEL 1: THE SOUTH 299.67 FEET (AS MEASURED BETWEEN PARALLEL LINES) OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WESTERLY OF THE CENTER LINE OF PUBLIC HIGHWAY KNOWN AS STATE ROUTE 31, IN MCHENRY COUNTY, ILLINOIS; ALSO PARCEL 2: EASEMENT FOR THE PURPOSE OF INGRESS AND EGRESS FOR THE BENEFIT OF PARCEL 1 AS CREATED BY DEED FROM WASTE MANAGEMENT OF ILLINOIS, INC., A DELAWARE CORPORATION, TO ENCLAVE CORPORATION, AN ILLINOIS CORPORATION, DATED MARCH 15, 1988 AND RECORDED MARCH 16, 1988, AS DOCUMENT NO.99R6993, OVER THE SOUTH 25 FEET, (EXCEPT FOR THE EASTERLY 30.01 FEET AND THE WESTERLY 164.0 FEET THEREOF), OF THE NORTH 251.98 FEET OF THE SOUTH 551.65 FEET OF THE WEST 345. 74 FEET OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN MCHENRY COUNTY, ILLINOIS. Permanent Real Estate Index Number: 14-10-402-006 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 Amendments to Chapel Annexation Agreement Refer to following description of amendments and attached original annexation agreement. Prepared by and Return After Recording to: City Administrator City of McHenry 333 S. Green Street McHenry, IL 60050 Amendment to the Chapel Annexation Agreement This Amendment to the Chapel Annexation Agreement (this "Amendment") is entered into as of the 15th day of October, 2018, between the City of McHenry, an Illinois municipal corporation, 333 S. Green Street, McHenry, Illinois 60050 ("City") and The Chapel, an Illinois not -for -profit corporation, located at 1200 American Way, Libertyville, Illinois 60048 ( the "Owner"). RECITALS A. The Parties hereto previously entered into that certain Chapel Annexation Agreement effective as of July 20, 2015 and recorded on August 24, 2015 in the office of the McHenry County Recorder as Document No. 2015R0031648 ("Original Annexation Agreement"). B. The Original Annexation Agreement set forth the terms and conditions to the annexation, zoning and development of real property located at 1809 South Illinois Route 31 in the City legally described on the attached Exhibit A ("Subject Property"). C. All notices were prepared and sent and a public hearing was conducted in accordance with Illinois law prior to the adoption and approval of this Amendment. D. The Owner represents and warrants to the City that it is the sole owner of record of the Subject Property and has full authority to enter into this Amendment. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the adequacy and sufficiency of which is acknowledged as being received by the parties hereto, it is hereby agreed by and between the Parties hereto as follows: 1. Recitals. The parties agree that the recitals set forth above are incorporated into this Agreement by this reference. 2. Amendments to Original Annexation Agreement. The parties agree that the Original Annexation Agreement is hereby amended as follows: a. Paragraph 3, Conditional Use Permit, of the Original Agreement is hereby amended by deleting the reference to "July 31, 2020" and replacing same with "July 31, 2027." b. Paragraph 4(e), Future Improvements -Building Design, of the Original Agreement is hereby deleted in its entirety. c. Subparagraph 4(h), Connection to CITY Water/Sewer, is hereby amended to add the following language: The OWNER shall be permitted to install a west side gravity sanitary sewer main to service the SUBJECT PROPERTY subject to the CITY's approval at the Owner's cost." d. Subparagraph 5(d) captioned No Overnight Use is hereby deleted in its entirety. 3. Binding Effect and Term. This Amendment shall be binding and inure to the benefit of the parties hereto, successor owners of record and their heirs, assigns, and lessees, and upon successor municipal authorities of the CITY and successor municipalities for a period of twenty (20) years from the date of execution hereof, and any extended time agreed to by amendment to this Amendment. 4. Conflicts. In the event the terms of this Amendment conflict with the terms of the Original Annexation Agreement the terms of this Amendment shall govern. Except as specifically provided herein, the Original Annexation Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed by their duly authorized officials on the date and year written below. Z:\M\McHenryCityof\Chapel\AnnexAgmtAmend.docx City of McHenry By: Vay4e S ett, Mayor Date Owner: The Chapel J By: Its: A 9' Date K STATE OF ILLINOIS ) ) SS County of McHenry ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY THAT WAYNE S. JETT, Mayor for the City of McHenry, personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that he signed and delivered the said instrument, as his free and voluntary act, for the uses and purposes therein set forth. Given under my hand and notarial seal, this -'6 � day of �jct`s'�� (� , 2018. 7 Notary Public FMY OFFICIAL SEAL EBRA MEADOWS PUBLIC - STATE OF. ILLINOIS IMMSSION EXPIRES;p$LZL4RtMS STATE OF ILLINOIS ) ) SS County of McHenry ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY THAT &t. 1I 001tj , personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that he signed and delivered the said instrument, as his free and voluntary act, for the uses and purposes therein set forth. Given under my hand and notarial seal, this �/ day of ' 2018. ��, TA Notary Public "OFFICIAL SEAL" Tina M. Conaway Notary Public, SWe of jamok My Commission Expires 09MV2020