HomeMy WebLinkAboutOrdinances - O-76-82.A - 03/29/1976 - ANNEX BLAKE PROPERTY♦ N V..
ORDINANCE NO.
AN ORDINANCE ANNEXING CERTAIN TERRITORY TO
THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS
WHEREAS, a written petition signed by the legal owners and Lessees of the
land hereinafter described has been filed with the City Clerk of theCity of McHenry
requesting that a certain parcel of property be annexed to the City of McHenry; and
WHEREAS, there are no electors residing within the said territory; and
WHEREAS, the said territory is not within the corporate limits of any munici-
pality, but is contiguous to the City of McHenry; and
WHEREAS, legal notices regarding the petition for annexation have been timely
published as provided by statute; and
WHEREAS, the legal owners of record and the Lessees of said territory and
the City of McHenry have entered into a noted and binding pre -annexation agreement
relating to such territory; and
WHEREAS, all petitions documents and other necessary legal requirements
are in full compliance with the terms of said pre -annexation agreement and with
Chapter 24 of the Illinois Revised Statutes; and
WHEREAS, it is in the best interests of the City of McHenry, that said territory
be annexed thereto,
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1: That the following described property:
That part of Lot 3 in County Clerk's Plat of the Southwest Quarter of Section
23, Township 45 North, Range 8 East of the Third Principal Meridian, according
to the Plat thereof recorded May 6, 1902, as Document # 14082 in Book 2
of Plats, page 34, in McHenry County, Illinois, described as follows: Commencing
at the Southeast 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 begin-
ning; thence continuing South 89 degrees, 52' 35" West a distance of 1,240.69
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
degrees 52' 35" West along the North line of Lot 4 a distance of 49.5 feet;
thence North 0 degrees 03' 08" West along the most Westerly line of Lot 3
a distance of 205.53 feet; thence North 89 degrees 55' 07" East, 1,275.02 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.
being indicated on an accurate map of the annexed territory (which is attached hereto
and made a part of this Ordinance) is hereby annexed to the City of McHenry, McHenry
County, Illinois.
SECTION 2: That the City Clerk is hereby directed to record with the Recorder
of Deeds and file with the County Clerk a certified copy of this Ordinance, together
with an accurate map of the territory annexed attached to said Ordinance.
SECTION 3: That this Ordinance shall be in full force and effect from and
after its passage, approval and adoption according to law.
AYES: Pepping, Harker, Datz, Wegener, Smith, Schaedel.
NAYS: None.
ABSENT: Bolger, Hromec.
PASSED and APPROVED this 29th day of March , 1976.
ATTEST:
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PRE -ANNEXATION AGREEMENT
THIS AGREEMENT made this day of VAP(�-L- k ,
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 "A" attached
hereto; and
WHEREAS, the Property consists of one tract of approximately fifteen
(15) 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
Gil 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
LAW OF71C[i
1OHR a ASSOCIATES as Exhibit "B" and made a part of this Agreement; and
,n NATIONALSs*A OYILOINO
MIA WOOT WMWIT[ 100
C11[N111Y, 16JI4016 60060
W10) 2061317
WHEREAS, it is the desire of the CITY and the OWNERS and the
DEVELOPERS that the Property be developed in substantial compliance
with said draft; 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 DEVELOPERS 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,
19?5), 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 and 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 CITY 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 forth 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 agreements herein contained.
6. If any Provision of this Agreement is 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.
The City of McHenry has exeucted this Agreement pursuant to proper
resolution made, seconded and legally passed, on the day of
1976, which resolution authorized and directed the Mayor and the City Council
of McHenry to do so.
IN WITNESS WHEREOF the parties have signed this Agreement the
day and year first above written.
(SEAL)
ATTEST:
BY:����
City Clerk
OWNERS:
EDWARD BLAKE
ETHEL BLAKE
LAW OFFICKS
MOHR & ASSOCIATES
FIRST NATIONAL BANK OYILDIN
2014 M/SST SLY SUITS 100
MCN[NRY. ILUNO15 6000C
(815) ses-t I3
CITY OF MC HENRY
DEVELOPERS:
WARD MARINANGEL
EDITH M RINANGEL
,j
STATE OF ILLINOIS
SS.
COUNTY OF MC HENRY
We, EDWARD BLAKE, ETHEL BLAKE, EDWARD MARINANGEL and
EDITH MARINANGEL, being first duly sworn on oath, depose and state that
we are the Owners and Developers of the property described in the foregoing
Pre -Annexation Agreement, that we have read the foregoing Pre -Annexation
Agreement, and believe the facts contained therein are true and correct.
r
DW RD BLAKE EDWARD MARINANGEL
4jy,j
ETHEL BLAKE
SUBSCRIBED AND SWORN
to before me this"day of
r----NOTARY PUBLIC
ice
LAW OMC ES
MOHR a ASSOCIATES
111{T NATIONAL OAM[ OYILDINI
5014 WILST [LY OYIT[ 100
MCHENIIY. ILUNOIS 00000
(010) i06.1330
1976.
DITH MARINA EL
LAW OFFICKS
MOHR A ASSOCIATES
'IRST NATIONAL SANE ■YILOINS
SSIA WEST ELM SUITE 100
MCNENRY. ILLINOIS 60050
(41 S) 3811.1213
That part of Lot 3 of County Clerk's Plat of the Southwest (quarter of Section 23,
Township 45 North, Range 8 East of the Third Principal Meridian, according to the
Plat thereof recorded May 6, 1902, as Document # 14082 in Book 2 of Plats, page
34, in McHenry County, Illinois, described as follows: Commencing at the South-
east corner of said Lot 3; thence South 88 degrees 52' 3511 West along the South line
of said Lot 3, a distance of 36.2 feet to the point of beginning; thence continuing
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' 5311 East along the West line of
said Lot 3, 330.00 feet; thence South 88 degrees 52' 3511 West along the North I-ine
of Lot 4 a distance of 49.5 feet; thence North 0 degrees 03' 08" West along
the most Westerly line of Lot 3 a distance of 205.53 feet; thence 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.
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