HomeMy WebLinkAboutOrdinances - O-76-82.1 - 03/29/1976 - ANNEX AGREEMENT PROPERTY NORTH OF MCCULLOM LAKE ROORDINANCE NO. i %
AN ORDINANCE
AUTHORIZING THE EXECUTION OF AN 0—
ANNEXATION AGREEMENT
WHEREAS, it is in the best interests of the City of McHenry,
McHenry County, Illinois, that a certain pre -annexation agree-
ment pertaining to certain property located on Route 31, just
north of McCullom lake Road be entered into;
WHEREAS, public hearings were had in regard to the said Pre -
Annexation Agreement before the Mayor and City Council of the City
of McHenry, and its Zoning Board; and
WHEREAS, the legal owners of record and the Lessees as
developers of the subject property are ready, willing and able to
enter into said agreement and to perform the obligations as re-
quired hereunder; and
WHEREAS, the statutory procedures as provided in Illinois
Revised Statutes for execution of said agreement have been fully
complied with;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR do CITY COUNCIL
OF THE CITY OF McHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
Section 1: That the Mayor, be and hereby is authorized and
directed to sign, and the City Clerk is directed to attest, a doc-
ument known as "Pre -Annexation Agreement", a copy is attached here-
to and made a part hereof.
Section 2: That this Ordinance shall be in full force and
effect from and after its passage and adoption according to law.
PASSED AND APPROVED THIS 29th day of March, 1976.
AYES: Pepping, Harker, Datz, Wegener, Smith, Schaedel
NAYS: None.
ABSENT :Bolger , H romec .
Mayor
ATTEST:
�rJ•�:Q oLr�
Citt Clerk
PRE -ANNEXATION AGREEMENT
THIS AGREEMENT made this day of ,
1976, between the City of McHenry, a municipal corporation of the State of
Illinois (hereinafter referred to as "CITY"), and EDWARD BLAKE and ETHEL
BLAKE (hereinafter referred to as "OWNERS"), and EDWARD MARINANGEL
and EDITH MARINANGEL (hereinafter referred to as "DEVELOPERS"),
WITNESSETH:
WHEREAS, the OWNERS are the title holders of record of certain real
estate in the unincorporated portion of McHenry County, Illinois, hereinafter
referred to as "Property" which is more fully described on Exhibit "AI) attached
hereto; and
WHEREAS, the Property consists of one tract of approximately fifteen
(IS) acres, not included within the corporate boundaries of any municipality,
but continguous to and immedately adjacent to the corporate boundaries of
the City, all of which property is shown on a plat which is attached to the Peti-
tion for Annexation hereinafter referred to; and
WHEREAS, it is the desire of the City that all of the Property be annexed
to the City and developed in the manner hereinafter specified; and
WHEREAS, it is the desire of the OWNERS that all of the Property
be annexed to the City, and pursuant thereto the OWNERS have presented to
the City Clerk a duly executed Petition for annexation of the property, which
is contingent upon the execution of this Pre -Annexation Agreement, so that
all of the property may be developed in accordance with the terms and condi-
tions hereinafter set forth; and
WHEREAS, the DEVELOPER has prepared a Plan for the proposed
development of the Property, which is shown on a draft and attached hereto
LW OMCKS as Exhibit 11B11 and made a art of this Agreement; and
3NR a ASSOCIATES , P 9 f
T NATIONAL 11U 1[ SUILDINS 1
SI/ MSST ELM SUITE 100
MENIIT. IWNOIS 60050
)015) 385-1713
WHEREAS, it is the desire of the CITY and the OWNERS and the
DEVELOPERS that the property be developed in substantial compliance
with said drafts and
WHEREAS, the proposed designated use for the subject 15 acres
as shown on the draft is as follows;
a.
Specific
area
for
golf driving range
b.
Specific
area
for
miniture golf
c.
Specific
area
for
batting cage
d.
Specific
area
for
sales building and storage garage
e.
Specific
area
adjacent to highway for parking facilities
WHEREAS, in order to accomplish the proposed plan of
DEVELOPERS it is necessary to amend the zoning on the property to
a B-2 classification, and such reclassification has been requested
by the OWNERS and DEVEIAPERS and considered by the CITY pursuant
to Chapter 24, Illinois Revised Statutes, Section 11-15.1-2.
WHEREAS, the development of the Property, within the corporate
limits of the CITY in substantial compliance with the proposed plan
and with the provisions of this Pre -Annexation Agreement, would be
highly beneficial and desirable to all parties hereto; and
WHEREAS, the parties hereto wish to enter into a Pre -Annexation
Agreement pursuant to the provisions of the Municipal Code of 1961,
as amended (Chapter 24, Section 11-15.1-1 et seq., Illinois Revised
Statutes); and
WHEREAS, pursuant to the provisions of Section 11-15.1-1 et seq.,
of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes,
1975), a proposed Pre -Annexation Agreement in substance the same as
this agreement was submitted to the corporate authorities; and
WHEREAS, pursuant to notice, as required by the said statute,
corporate authorities of the CITY have held the required public
hearing upon this Pre -Annexation Agreement, and have observed all
statutory requirements in connection therewith; and
WHEREAS, -the corporate authorities of the CITY have considered
the annexation of the Property and proposed use and development --of
said property and have determined that the best interests of the
CITY require that the Property be annexed to the CITY acid developed
in accordance with the provisions of this Agreement;
NOW, THEREFORE, for and in consideration of the mutual promises
and agreements herein contained, the parties hereto agree as follows:
1. -The-,-ITY hereby agrees to annex the property as described
herein, upon the terms and conditions set forth in this Agreement.
2. The CITY also agrees to enact simultaneously with the
execution of this Agreement an ordinance classifying the zoning of
the Property -described herein as B-2 Commercial -District for the
purpose -of facilitating -the proposed -uses- hereinbefore set forth.
3. The CITY hereby approves the proposed plan of DEVELOPERS
as set - f orth.- herein. _ .:
4. This Agreement may be amended from time to time with the
consent of both parties, pursuant to statute in such case made and
provided, and each amendment shall in itself be effective for a
period of ten (10) years from the date of said amendment.
5. -This Agreement shall be enforceable in any Court of
competent jurisdiction by either of the parties or by any appropriate
action at law --or in equity_ to secure the- performance --of the convenants
and,agreementsai-here in : contained.
6. If any_..Prov_tsion'nf this _Agreement_.ls held -to be Invalid —
by any Court of competent jurisdiction, such provisions shall be
deemed to be excised therefrom and the invalidity thereof shall not
affect any of the other provisions contained herein.
s
The City o McHenry has exeucted this Agreement pursuant to proper
resolution made, seconded and legally passed, on the �^�1 day of
i
1
1976, which resolution authorized and directed the Mayor and the City Council
1
of McHenry to do so. -
IN WITNESS WHEREOF the parties have signed this Agreement the
day and year first cbove written.
(SEAL)
ATTEST:
BY: e�
City Cler
OWNERS:
EDWARD BLAKE
ETHEL BLAKE
LAW OFFICES
0OHR IS ASSOCIATES
RST NATIONAL SANK BUILOIKS
2S14 WLS- ELM SUITE 100 I
I915, 77=-1C 3
CITY OF MC HENRY
EDITH MARINANGEL /
STATE OF ILLINO'.S )
SS. `
COUNTY OF MC HENRY
_ I
I
I
1
We, EDWARD BLAKE, ETHER_ BLAKE, EDWARD MARINANGEL and
EDITH MARINANGEL, being first duly swore on oath, depose and state that
we are the Owners cn,d Developers of the property described in the foregoing
Pre -Annexation Agreement, that we have read the foregoing are -Annexation
Agreement, and believe the facts contained therein) are true and correct.
4,
EDWARD BLAKE EDWARD MAR N NGEL
J�t&�
ETHEL BLAKE
SUBSCRIBED AND SWORN
to before me this day of
f'ARY PURLTC`�
LAW 0"IClf
OHR R ASSOCIATES
■T NATIONAL BANK BUILDING
2014 WEST ELM OMIT[ 100
cHFNRY. ILLIH016 $0050
(815) 38&1313
1976.
ITH MARINA GEL
N
That part of Lot 3 of County Cleric's Plat of the Southwest Quarter of Section 23.
Township 45 North, Range 8 East of the Third Principal Meridicn. according to the
Plat thereof recorded May 6, 1902, as Document # 14082 in Book 2 of Plats, pace
34, in McHenry County, Illinois, described as follow;.: Commencing of the South-
east corner of said Lot 3; thence South 88 degrees 52.' 35" West along the South line
of said Lot 3, a distance of 36.2 feet to the point of beginning; thence continuina
South 88 degrees 52' 35" West a distance of 1240.69 feet to the most Southwesterly
corner of said Lot 3; thence North 2 degrees 27' 53" East along the West line of
said Lot 3, 330.00 feet; thence South 88 decrees 52' 35" West along the North line
of Lot 4 a distance of 49.5 feet; thence North 0 dearees 03' 08" West along
the most Westerly line of Lot 3 a distance of 205.53 feet; th-ance North 89 degrees
55' 07" East, 1275.02 feet; thence South 0 degrees 04' 53" East, 511.73 feet to the
point of beginning. All containing 15.000 acres, more or less, in McHenry County,
Illinois.
LAW OFFlCES
IHR A ASSOCIATES I
NATIONAL BAN[ ■UILDINS
14 W[ST SLY SUIT[ 100
iE NRt. ILLINOIS SOOSO
Nis; 365.1313
C6
a
e
W X 7' aH. 6A t114;6 Deost
NIN
i
-TCE ARE-4
i
1 $A5EFRLL L-D
i
WIN. GeLF
i
7/
f _
EXHIBIT
B