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HomeMy WebLinkAboutOrdinances - O-75-74 - 11/03/1975 - AGMT BETWEEN CITY AND HORNSBYS PARKINGORDINANCE NO. 651963 a - AN ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF Mc HENRY, ILLINOIS, AS FOLLOWS: SECTION 1. APPROVAL. The following Agreement between the City of McHenry and Hornsby's Stores, Inc., a corporation, be and the same is hereby approved, and the Mayor and City Clerk are hereby authorized to execute said Agreement on be- half 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 Hornsby's Stores, Inc., a corporation (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, Hornsby's Stores, Inc., a corporation, is the Owner of shopping center as defined by the provisions of Illinois Revised 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 of the aforesaid statute, the City and the Owner are authorized to enter into a Contract for the City to regulate the parking of motor vehicles in any parking area controlled by the Owner inside the corporate limits of the City, and the Owner desires to authorize City to regulate the parking of motor vehicles in the parking area of the above described shopping center; 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 651963 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 I%aukegan, Waukegan, Illinois. 6. Costs of any signs or traffic markings required in order to implement the terms hereof shall be borne by Ovmer. The cost of publication of this Agreement shall be paid by Oviner. 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 [:HEREOF, the undersigned have set their hands 651963 Page 3 and seals this 31,'D day of /(,���� �xSZA1,, 1975+ .ii.t CITY OF Mc HENRY r BY: Mayor �i<< j ATTEST: City Clerk HORNSBY'S STORES, INC., a Corpo tion BY : ItPresid ts ATTE i��;:er/ Asir Secretary 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 above 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 invlaid, such decision shall not affect the validity of the Ordinance as a whole, or any part thereof, 651963 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 3F14 day of November , 1975. AYES: Bolder, PeRoing. Harker Datz, Wegener. Smith.Hromec, Schaedel NAYS: None ABSENT: None APPROVED this r�_ _ day of November , 1975. ATTEST: City,./Clerk 65196,3 LEGAL DESCRIPTION: That part of the East half of the Southeast Quarter of Section 27, Township 45 North, Range 8 East of the Third Principal Meridian described as follows: Beginning at the point of intersection of the West line of said East half of the Southeasterly Quarter of Section 27 and center line of State Route 120 (said point also being on the East line on Lot 26 of the County Clerk's Plat accord- ing to the Plat thereof recorded in the Recorder's Office of McHenry County, Illinois on May 6, 1902 in Book 2 of Plats on Page 41) and running thence North on the West line thereof and on the East line of said Lot 26 for a distance of 597.50 feet to a point; thence East on a line ;forming an angle of 890, 59 Minutes to the right with a prolongation of the last described line at the last des- cribed point for a distance of 306.18 feet to a point of curve, thence Southeasterly on a curve convex Northeasterly and having a radius of 29.32 feet for a distance of 43.20 feet chord measurements to a point of tangency, thence Southerly tangent to said curve at the last described point for a distance of 289.80 feet to a point of curve, thence Southerly on a curve convex Westerly and having a radius of 1610.31 feet a distance of 116.92 feet chord measurements to a point of tangency; thence Southerly tangent to the last described curve at the last described point for a distance of 281.42 feet to a point in the Center line of said State Route 120; thence Northwesterly on the Center line of State Route 120 and being on a curve convex Northeasterly for a distance of 323.58 feet chord measurements to the place of beginning in McHenry County, Illinois. 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