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Home My WebLink AboutOrdinances - 11-1535.1 - 04/18/2011 - Lang Annexation Agreement First AmendmentORD-11-1535.1 AN ORDINANCE AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO THE AMENDMENT TO LANG ANNEXATION AGREEMENT DATED MARCH 17, 2003 BETWEEN THE CITY OF MCHENRY, A MUNICIPAL CORPORATION, IN THE STATE OF ILLINOIS ("CITY") AND GARY AND PATRICIA LANG OF 1107 SOUTH ILLINOIS ROUTE 31, MCHENRY, ILLINOIS IN THE CITY OF MCHENRY, MCHENRY COUNTY, IILINOIS WHEREAS, the City of McHenry, 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 City has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs and that protect the public health, safety, and welfare of its citizens; 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 proposed First Amendment to the Amendment to Lang 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 First Amendment to the Amendment to Lang 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 l: The Mayor and City Clerk are hereby authorized to execute the First Amendment to the Amendment to Lang Annexation Agreement, a true and correct copy of which is attached hereto. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict.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 in full force and effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. PASSED THIS 18"' DAY OF APRIL, 2011 AYES: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Low NAYS: Condon ABSTAINED: None ABSENT: None NOT VOTING: None APPROVED THIS 18t'' DAY OF APRIL, 2011 Susan E. Low ATTEST: Exhibit A First Amendment to the Amendment to the Lang Annexation Agreement First Amendment to the Amendment to Lang Annexation Agreement THIS FIRST AMENDMENT TO a 2002 AMENDMENT TO LANG ANNEXATION AGREEMENT ( "First Amendment ") is entered into this 18"' day of April, 2011, between the City of McHenry, an Illinois municipal corporation ("City') and property owners Gary and Patricia Lang of 1107 South Illinois Route 31, McHenry, Illinois (collectively "Lang'). NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is hereby agreed by and between the parties hereto as follows: 1. First Amendment to Amendment to Lang Annexation Agreement. The Mayor and City Council shall contemporaneously with the execution of this Agreement, enact an ordinance authorizing the Mayor and City Clerk to execute this Agreement. 2. Engineering Improvements. Section 6(c) of the Amendment to Lang Annexation Agreement shall be amended by deleting the following language: "Public sidewalks shall not be required on the Lang Parcel, but instead, Lang shall pay to the city the sum of $21,100 for the City to use at its sole discretion for construction of sidewalks at other locations in the City. The aforementioned $21,100 shall be paid prior to occupancy of the first new building constructed on Lots 4, 5, or 6." in its entirety and replacing it with the following language: "Lang shall install public sidewalks along the entire Rt. 31 frontage (approximately 1,770 lineal feet more or less) of the Lang Development consisting of Lots 1 through 6 as depicted on an overall site plan prepared by SEC Group, Inc. dated 8/13/10, project no. 86100276 ("Site Plan") in accordance with the applicable provisions of the subdivision control ordinance immediately upon the earlier to occur of either: a) Issuance of a building permit for a permanent building relative to development of Lot 6 referenced as a "potential future bung area" on the Site Plan; or b) Upon sidewalks being constructed contiguous to the Lang Development on its north or south border." 3. Special Provisions Applicable to Automobile Dealership Uses Special Provisions Applicable to Automobile Dealership Uses, subsection 5(a) shall be amended by deleting the following language: "One freestanding sign shall be permitted per lA, in accordance with the provisions of the City of McHenry sign regulations" in its entirety and replacing it with the following language: "One freestanding sign shall be permitted per lot, in accordance with the provisions of the City of McHenry sign regulations with the exception that freestanding signage for Lots 1, 2, 3 and 4 shall be in substantial conformance with the Plan B sign exhibit and accompanying elevations attached hereto and incorporated herein as Exhibit A." Subsection 5(b) shall be amended by adding the following language: "Wall signage for• Lot 4 shall be in substantial conformance with the wall sign exhibit and accompanying elevations attached hereto and incorporated herein as Exhibit B." 4. Conflicts In the event the terms of this First Amendment conflict with the terms of the Amendment to Lang Annexation Agreement the terms of this First Amendment shall govern. Except as specifically provided herein, the Amendment to Lang Annexation Agreement shall remain in full force and effect. 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:7' xSusan E. Low, Mayor �zJ%r 6 By: Patricia Lai(g) Exhibit A (Plan B Sign Exhibit and Accompanying Elevations) H Z d w zd ►- w �� z� � J � �� C7 Q� 4 d ❑� z d� w tL m U N � W � � LL Z O Y U m _, T ;�� CV �.n ,.. �:.::: OmOOftsV dettlidt it'd, tttWOL ad uslam CIR pop so Ou eftelpq dbto wevot ow �Oswdtk a aide Is at g fS! � •N Q v . e _ N � I (af�hlnew� -& IE5(At Ill,) IEGFND�' DEN07ES AREA OF NEW PAVEMENT DEN07ES AREA OF PAVEMENT REMOVAL MO REPLACEMENT ® DENOTES HEAVY DUTY PAVEMENT DEN07ES FIRE ACCESS ROAO DENOTES CONSTRUCY70N ENTRANCE DENoTEs CONCRETEPAVEMENT �r DENQ7 AREA OF DEPRESSED CURB AND GUTTER LM7H LENGTH NOTED ON PLANS --vs>r= DENOTES AREA OF REVERSE CONCRETE CURB AND ' -CUTTER PLAN B 3 SIGNS ON THE ROAD ONE INTERNAL EXISTING IR150 PRAIRIE CONDOMINIUMS a C� N PUVrC ACCOI_9VTANTS �j -0-I FIJTLB2EPOTEN77AL POTENTIAL , BL&DPJG HCXLDIhV^ I I n C9 AREA AREA ,�, _ c LR97— RELOCATED KIA SIGN LOT 2 ±249 ACMES ±2.66 ACRES fi -- _ — r .T L I i I Qua±6.68 ACQE �y I I t V t t t i Q'I' ONE 0 SIGNS *3.86 ACRES f r _l. J_i_f.� a t 105 lh .._ -_' fl � ACRE POMMAIa^ Rn wTLaE ExrrsT oEaaa 6a ACRe _.,.: 6 p jila p It LOT TWO 1 SIGN - - -- PARKAG LOT — ` LOT THREE 1 SIGN 7 X n x - - PA053W L kx7 - PARKkVG LOT PARKbNG LOT _ -. p p n neATe s rEs rE ww To s�auTE s e Rav TO LOT FOUR I SIGN 9 n p d - v L� cm CF A4049wT7 Cfll- OF AK7.6`RY1 � ---- _ ___ r- -- _ __-- _ -- - .r -- J _ �y -__ pa s� r _ -- r--- ----- - Q - - ---- a �---- �� (4-0rr ny 3 rA' c ' 3 . crPREss ,umrcAL B12AKE PARTS N .:" PASPJr81Vi AREA ACCESS ROAD / • y�STALLED W1TN ROAO EXTENSION P:cp RTE. 31 W1TN COI;ISTRUci70N OF LOTS 5 AND 6 IS \� I PARKING LOT � VES EXIST/NG � _ �' 7! ,®-ocnrr?S PW—_.__.._..__ BRAKE --- r Y T Tom+ ETasrac ravrAQE PARTS I i T i iin - I LION f�ASM I kE3P: EO �.� EX6TRG FklMffAGE a ( W TEST ) max - 00 t\I Ii PRODLlC S �I II x ., x - - SHEET NO. CE - 03 E 2010 TAL- NL f. BY FV Exhibit B (Wall Sign Exhibit and Accompanying Elevations) 6211 �X A;L4 -6 SUBARU I°° of MiTsuaisHi r 24" Too 1/2" PLEX LTRS BLACK PIGMENTED PLEX PIN MOUNT cA04 Cal MASONPY "ICON° {{ TfOIII^I'R - THIN STONEVENEER LAID ^ �`+ �^ ;NI RANDOM RANGE PATTERN- j} _. s !.v- //. // � +8'-o—j j RAIN Sc� REEN ALUMIRH COMPO�iITE I *r2i TowER j % j T I PiATERI L {A.G.MJ INSTALLED OIJER - m AL16N A G.M. PANEL JOINT( r I I (AGM-3 BUILDII* ENVELOPE AGM-2 w WINDOW MU 10N N.N.OJ AGM -I j bGM-2 1 +22 o m I I O i_ FASIGh. 6 ) �-1 � fZT-2` _.. - --=-�. I T/ WALL PAN' f. \\W U� 6z U I� 1-. wNn d U CRJ 01-00 C '� 0. IJ� LJJ " a p _ — T/ ,MALL PP i, SERVICElCAR WASH MF-I - F--,-, 11 a --- PT j, ., 6L-I i Q M t ��• n jjPP„ 1 i4'� a T/ KNEEWAI L--- GMU 1 AGM 2 GMU-I GMU 2 GMU-3 GMV I 1 ___ - --- ----- ---- ---- - - -- ----- --- --- ----- ---- - _: - G I THERMALLY BROKEN ALUMINUM sj G.M'J. "CURB W/ GA5T 5TC8 E SILL TYF— m O LL GURTAI�WALL WINDOW SYSTEM W/ WHEPE SHOWN EAST / 50U'iH F1EVAr,ION tY d d I' THK. , SULATED 6LA55 E 5T ELEVATION ------- -- - SCALE: 5/32' BEYOND`� �r T/ TO - WER. BEYOND - T- .2r-0. NC.ON" TOWER n - AGM-2 PRE -FIN. MTL. GAP TRIM04 _ I N Q T/ Topm BEYOND -- -.:- C j I .a2' o• f LLB Od, ROOF i j MP-1 �I AGM-3 T/ FASCIA 516NA� BYO --r— - - ; { i GMU-2 - 7 A5GI 5 6 B2j� "��/� �o 11-- r.OWNER — ---- - - cal`='�'�'wr /F _ -O -- - --�-- - - -- -- - ) c�•�c' • _ ( +Ira• o i !a- sa I#il AI IN I ' I ::YiF �;=ra` ' - /l ..aaf- __ "' . .� �'8`GNI��S - B/ FASCIA _ ; i - B/ rA%i CURTAIN WALL- i 6L-! F.A. FA.I� WINDOW FRAMING t / l - I i SYSTEM —IL_t � i� i T/ SLAB �MU 2 o -0" r MU ! GNflJ-3 GMU-li (GNU I - -- - - - - ---- = _ -.. 1 _J __ __ _ E _ _ _ ____ FDN. BELOW GRAD GO!•IG. PILLS PIPE BOLLARD(51 ® S�u 6 �� el � �� V� V EA: O.H.D. -SEE q/All,l tr � f NORTH. ELEVATI0i�4 )TH ELEVAT1OIv _ _ _ _ SCALE:. 3/32" = I'-O" : 'ICON' TOWER BEYOND -+ 5T�WiNO SEAM MTL. ROOF PAWL(S) A5 PER MTL BLD6. T! e "ICON" TOWN ..:....... WOW _ y +1 Ir -.. uw.. ..n-.+e+ .....-. ..... ... .' tea^ .-.:. ... .. •-;�� Ijl��hr Exhibit A Legal Description of Subject Property Parcel 1: Lot 1 of McHenry Corporate Center Unit 4 according to the Plat thereof recorded January 30, 1996 as Document No. 96R005000 of Section 10, Township 44 North, Range 8 East of the Third Principal Meridian in McHenry County, Illinois. PIN 14-10-227-002 Parcel 2: That part of Lot 2 of McHenry Corporate Center Unit 4 according to the Plat thereof recorded January 30, 1996 as Document No. 96R00500 lying easterly of the easterly line of Lot 2 of McHenry Corporate Center Unit 7 according to the Plat thereof recorded May 26, 1999 as Document No. 1999R0039000 in Section 10, Township 44 North, Range 8 East of the Third Principal Meridian in McHenry County, Illinois. PIN 14-10-227-005 Parcel 3: Lot 3 of McHenry Corporate Center Unit 7 according to the Plat thereof recorded May 26, 1999 as Document No. 1999R003900 in Section 10, Township 44 North, Range 8 East of the Third Principal Meridian in McHenry County, Illinois. PIN 14-10-227-007 Parcel 4: Lot 4 of McHenry Corporate Center Unit 7 according to the Plat thereof recorded May 26, 1999 as Document No. 1999R0039000 in Section 10, Township 44 North, Range 8 East of the Third Principal Meridian in McHenry County, Illinois. PIN 14-10-227-008 MEMORANDUM FOR RECORDING Notice is hereby given on the 17t" day of March 2003, the City of McHenry entered into the Amendment to Lang Annexation Agreement and on the 18t" day of April 2011, the City of McHenry entered into the First Amendment to the Amendment to Lang Annexation Agreement pertaining to a property located on south Illinois Route 31, McHenry, Illinois 60050 currently known as Gary Lang Auto Group (approximately 20 acres), legally described on Exhibit A attached hereto. Copies of said agreements are on file with the City Clerk of the City of McHenry, 333 S. Green Street, McHenry, Illinois 60050. City of McHenry by Janice C.IJonesl Ci Prepared by Office of City Clerk Janice C. Jones Mail to: City of McHenry Office of the City Clerk Municipal Center 333 S Green St McHenry IL 6005 815-363-2100