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HomeMy WebLinkAboutOrdinances - O-75-73 - 11/03/1975 - AGMT CITY AND FIRST NATL BANK PARKINGOrdinance No. 0-73 AN ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, ILLINOIS, AS FOLLOWS: SECTION 1. APPROVAL. The following Agreement between the City of McHenry and the First National Bank of Waukegan, as Trustee under the provisions of Trust Number 2348, be and the same is hereby approved, and the Mayor and City Clerk are hereby authorized to execute said Agreement on behalf of the City: A G R E E M E N T This Agreement between the corporate authorities of the City of McHenry, Illinois (hereinafter called City) and the First National Bank of Waukegan, as Trustee under the provisions of Trust Number 2348 (hereinafter called Owner) WITNESSETH: WHEREAS, the City is a unit of local government as defined under Article VII of the Illinois Constitution of 1970; and WHEREAS, the First National Bank of Waukegan, as Trustee under the provisions of Trust Number 2348, is the Owner of a shopping center as defined by the provisions of Illinois Re- vised Statutes, Chapter 95 1/2, Section 11-209, the legal description of which shopping center is attached hereto as Exhibit A and is incorporated herein by reference; and WHEREAS, the aforesaid shopping center is located within the corporate limits of the City; and WHEREAS under the provisions City and the Owner are authorized the City to regulate the parking ing area controlled by the Owner the City, and the Owner desires t the parking of motor vehicles in described shopping center; of the aforesaid statute, the to enter into a Contract for of motor vehicles in any park - inside the corporate limits of o authorize City to regulate the parking area of the above NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE CITY AND THE OWNER, AS FOLLOWS: 1. The following parking areas controlled by the Owner inside the corporate limits of the City are hereby designated and established as fire lanes, upon which there shall be no CERT. OF PUBLICATION ATTACHED TO ORIGINAL Page 2 standing or parking of any motor vehicle at any time so that fire fighting equipment can move freely thereon: an area ten feet in width abutting on the entire length of the side- walk in front of the buildings located in the above -described shopping center. 2. Any person parking a motor vehicle in the above -de- scribed fire lanes shall be punished as a violator of the parking rules established by the City of McHenry Ordinance Number MC-48, commonly known as the Motor Vehicle and Traffic Regulation of the City of McHenry, Illinois, and shall be fined, as therein provided, not less than Five Dollars ($5.00) nor more than Five Hundred Dollars ($500.00) for each violation. 3. This Agreement may be terminated by either party upon 30 days written notice to the other, provided, however, that the terms of this Agreement shall not, in any event, exceed a period of twenty years from the date of this Agreement. 4. The terms of this Agreement shall be effective and en- forceable three days after this Agreement is recorded in the Office of the Recorder of Deeds of McHenry County, Illinois; it shall be an offense thereafter for any person to do any act forbidden hereunder or to fail to perform any act required by the parking requirements hereunder; the fine for any offense hereunder shall be as established under the Municipal Code of McHenry. 5. All notices hereunder shall be in writing and shall be sent certified or registered mail, postage prepaid, or delivered personally, to the City at the City Hall, 1111 North Green Street, McHenry, Illinois, and to the Owner at First National Bank of Waukegan, Waukegan, Illinois. 6. Costs of any signs or traffic markings required in order to implement the terms hereof shall be borne by Owner. The cost of publication of this Agreement shall be paid by Owner. 7. Execution, delivery and recording of this Agreement has been authorized by an Ordinance duly adopted by the corporate authorities of the City of McHenry, Illinois. IN WITNESS WHEREOF, the undersigned have set their hands Page 3 and seals this _MD day of 1/10 VC rn AS .CIZ , 1975. CITY OF MCHENRY BY: Ilk-3< - �= Mayor ATTEST: CiV Clerk FIRST IONAL BANK OF WAUKEGAN, AST ST UND PROVISIONS OF T USTIN7UMB 48 BY: 'Officer ATTEST: cretary SECTION 2. It shall be unlawful for any person to park a motor vehicle, at any time, in the fire lane areas described in paragraph 1 of the Agreement set forth in SECTION 1 of this Ordinance. SECTION 3. Any person parking a motor vehicle in the a- bove described fire lanes shall be punished as a violator of the parking rules established by the City of McHenry Ordinance Number MC-48, commonly known as the Motor Vehicle and Traffic Regulation of the City of McHenry, Illinois, and shall be fined, as therein provided, not less than Five Dollars ($5.00) nor more than Five Hundred Dollars ($500.00) for each violation. SECTION 4. Validity. Should any section, clause or provisions of this Ordinance be declared by a court of compet- ent jurisdiction to be invalid, such decision shall not affect the validity of the Ordinance as a whole, or any part thereof, Page 4 other than the part so declared to be invalid. SECTION 5. Any Ordinance or part of any Ordinance in conflict herewith is hereby repealed. SECTION 6. This Ordinance shall take effect and be in full force from and after its passage, approval, publi- cation and recording in the Office of the Recorder of Deeds of McHenry County, Illinois, as provided by law. PASSED by the City Council this 17th day Of November 1975. AYES: Bolger. Pepping, Harker- Dat7, Wegener, Smith, Hromec, Schaedel NAYS : None ABSENT: None APPROVED this _17tt,._ day of November , 1975. ATTEST: Cio Clerk L::CAL D;-SCh1k i10N: Of that Part of the East 10 acres of Lot 24 and that part of lot 26 of the County Clerk's Plat in the Fast 1/2 of Section 27, Toi•,chip 45 North, R!! nge 8 East of the 3rd Principal i•Serid.ian according to the Plat thereof recorded in the Recorder's office of t;cl;ci-iry County, Illinois, on Kay 6, 1902 in Book 2 of Plats on Page 41 described as follov:s: Beginning at a point on the West line of the Ea-wt 10 acreas of said Lot 24 said point also being in the center lime on State Route 120; thence Southeasterly along the Ccnter line of said State route 120 for a distance of 4350-�.16 fcc;t to a point of curve Jn caid center line; thence Southca stcrly Tong said center line, being on a curve, convicex Northcc.sterly for a distance of 129.70 feet (chord-:casurements) to a point of intersection of said center line and the Fast line of said L-ot 26; thence North on the East line of said Lot 26 for a distance of 597.68 feet to a point; thence Vest at right angles to the last described lire, at she last described point for a distance of 546.00 feet to a point on the West line of the E?- st 10 acres of said Lot 24; thence South 451.68 feet to the place of begfinning in MoHemy Co pity, 111 inois , E X H I B I T "A"