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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