HomeMy WebLinkAboutOrdinances - O-76-93 - 12/20/1976 - AUTHORIZE ANNEX AGMT MCHENRY SAND & GRAVELORDINANCE NO. 0-93
AN ORDINANCE PROVIDING FOR THE APPROVAL OF PROPOSED
ANNEXATION AGREEMENT BETWEEN THE CITY OF MCHENRY,
COUNTY OF MCHENRY, ILLINOIS AND MCHENRY SAND AND
GRAVEL COMPANY, INC., MCHENRY STATE BANK, AS TRUSTEE
UNDER THE PROVISIONS OF A TRUST AGREEMENT DATED
JULY 1, 1963 AND KNOWN AS TRUST NO. 125, MCHENRY
STATE BANK, AS TRUSTEE UNDER THE PROVISIONS OF A TRUST
AGREEMENT DATED FEBRUARY 2, 1971 AND KNOWN AS TRUST
NO. 396 AND MCHENRY STATE BANK, AS TRUSTEE UNDER THE
PROVISIONS OF A TRUST AGREEMENT DATED FEBRUARY 5, 1972
AND KNOWN AS TRUST NO. 456
WHEREAS, the McHENRY SAND AND GRAVEL COMPANY, INC.,
MCHENRY STATE BANK, as Trustee under the provisions of a
Trust Agreement dated July 1, 1963 and known as Trust No.
125, MCHENRY STATE BANK, as Trustee under the provisions of
a Trust Agreement dated February 2, 1971 and McHENRY STATE
BANK, as Trustee under the provisions of a Trust Agreement
dated February 5, 1972 and known as Trust No. 456 are the
owners of a certain parcel of real estate located in parts
of Section 28 and 29 in Township 45 North, Range 8, East of
the Third Principal Meridian, in McHenry County, Illinois;
and
WHEREAS, said real estate is contiguous to the existing
corporate limits of the City of McHenry, McHenry County,
Illinois; and
WHEREAS, Notice of a public hearing was published in
the MCHENRY PLAINDEALER, a newspaper of general circulation
in the City of McHenry, within the time provided by law,
notifying the public of a hearing on said proposed Annexa-
tion Agreement to be held before the corporate authorities
of the City of McHenry, McHenry County, Illinois on the 20th
day of December, 1976 at 7:30 p.m.; and
WHEREAS, the corporate authorities of the City of
McHenry have held the hearing required by law and have found
that the entry into said Annexation Agreement will not be
detrimental to the public health, welfare or safety of the
inhabitants of the City of McHenry, McHenry County, Illinois
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF McHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS:
SECTION I.
The Annexation Agreement bearing the
date of the 20th day of December, 1976 by and between the
City of McHenry, McHenry County, Illinois and McHenry Sand
and Gravel Company, Inc., McHenry State Bank, as Trustee
under the provisions of a Trust Agreement dated July 1, 1963
and known as Trust No. 125, McHenry State Bank, as Trustee
under the provisions of a Trust Agreement dated February 2,
1971 and known as Trust No. 396, and McHenry State Bank, as
Trustee under the provisions of a Trust Agreement dated
February 5, 1972 and known as Trust No. 456, be and the same
is hereby approved. A full, true, complete and accurate
copy of said Annexation Agreement is attached to this Ordin-
ance and is incorporated herein by reference as Exhibit No.
1.
SECTION II. The Mayor and City Clerk of the City of
McHenry, McHenry County, Illinois are authorized to affix
their signatures as Mayor and City Clerk of said City to
said Annexation Agreement for the purposes and uses therein
set forth.
SECTION III. This Ordinance shall be known as Ordin-
ance No. 0-93 and shall be in full force and effect from
and after its passage and approval as required by law.
PASSED by a two-thirds majority of the Corporate
Authorities of the City of McHenry, McHenry County, Illinois
and approved by me this 20th day of December, 1976.
CITY OF McHENRY
'Its -Mayor
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ATTEST:
City Clerk
PASSED: 12-20-76
APPROVED: 12-20-76
NUMBER VOTING AYE: 7
NUMBER VOTING NAY: 0
NUMBER ABSENT: 2
NUMBER ABSTAINING: 0
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*fl E 0,0 a N n -t- Gk49 VEL
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ANNEXATION AGREEMENT
THIS AGREEMENT, made and entered into this 20th day of
December , 1976, by and between the CITY OF McHENRY,
a Municipal Corporation in the State of Illinois, (herein-
after referred to as "CITY"), by and through its Mayor and
Members of the City Council, (hereinafter referred to
collectively as "CORPORATE AUTHORITIES"), and McHENRY SAND
AND GRAVEL COMPANY, INC., a Delaware Corporation authorized
to do business in the State of Illinois, (hereinafter re-
ferred to as "McHENRY SAND AND GRAVEL COMPANY), and McHENRY
STATE BANK, as Trustee under the provisions of a Trust
Agreement dated July 1, 1963 and known as Trust No. 125,
(hereinafter referred to as "TRUST 125"), and the McHENRY
STATE BANK, as Trustee under the provisions of a Trust
Agreement dated the 2nd day of February, 1971 and known as
Trust No. 396, (hereinafter referred to as "TRUST 396"), and
McHENRY STATE BANK, as Trustee under the provisions of a
Trust Agreement dated the 5th day of February, 1972, and
known as Trust No. 456, (hereinafter referred to as "TRUST
456"); (McHENRY SAND AND GRAVEL COMPANY, Trust 125, Trust
396, and Trust 456 are hereinafter sometimes referred to
collectively as "OWNERS").
WITNESSETH:
WHEREAS, McHENRY SAND AND GRAVEL COMPANY, Trust 125,
Trust 396 and Trust 456 are record owners of portions of the
following described property and collectively are the owners
of said parcel in its entirety:
All -,those parts of Sections 28 and 29 in Township 45
North, Range 8 East of the 3rd Principal Meridian
bounded by a line described,as follows, to -wit: Com-
mencing at the point of intersection of the East line
of the West 1/2 of Section 28 with the North right of
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way line of Route 120 thence Northwesterly and Westerly
along Northeasterly and North right of way of Route 120
to a point 581.69 feet West of the West line of the
East 1/2 of the Northeast 1/4 of Section 29, thence
South 1938.41 feet, thence East on a line parallel to
the South line of the Northeast 1/4 of Section 29,
577.41 feet to the intersection with the West line of
the East 1/2 of the North East 1/4 of Section 29,
thence Northerly 55.94 feet, thence Easterly on a line
parallel to and 797.94 feet North of the South line of
the Northeast 1/4 of Section 29 and said line projected
East to the West line of Lot 10 in Sherman Hill Indus-
trial Subdivision, thence Northerly to the Northwest
corner of Lot 10, thence Easterly along the South right
of way line of Dot Street to a point on the West line
of Lot 1, thence South on the West line of Lot 1 to the
Southwest corner of Lot 1, thence East on the South
line of Lot 1 and said line extended to the centerline
of Draper Road which is the East line of the West 1/2
of Section 28, thence North on the East line of the
West 1/2 of Section 28, to the place of beginning all
in McHenry County, Illinois.
WHEREAS, said parcel is contiguous to the corporate
limits of the City of McHenry, Illinois; and
WHEREAS, said parcel constitutes territory which is
contiguous to and may be annexed to the City of McHenry,
Illinois as provided in Article VII of the Illinois Munici-
pal Code, (Chapter 24, Illinois Revised Statutes, 1975); and
WHEREAS, the Owners desire to have said parcel annexed
to the City of McHenry, Illinois upon certain terms and
conditions hereinafter set forth; and
WHEREAS, the Corporate Authorities after due and care-
ful consideration have concluded that the annexation of said
parcel to the City, under the terms and conditions herein-
after set forth, would further the growth of the City,
enable the City to control the development of the area, and
serve the best interests of the City; 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 Annexation
Agreement, in form and substance the same as this Agreement,
was submitted to the Corporate Authorities and a public
hearing was held thereon pursuant to notice, as provided in
the statutes] and
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WHEREAS, pursuant to notices as required by the statutes
of the State of Illinois and the City of McHenry Zoning
Ordinance, a public hearing was held before the City of
McHenry Zoning Board of Appeals on the requested zoning
classification of said parcel and the recommendation made by
the Zoning Board of Appeals was submitted to the Corporate
Authorities.
FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS CON-
TAINED HEREIN, IT IS AGREED AS FOLLOWS:
1. This Agreement is made pursuant to and in accor-
dance with the provisions of Section 11-15.1-1, et. seq. of
the Illinois Municipal Code, (Chapter 24, Illinois Revised
Statutes, 1975); that said statutory provisions provide for
annexation agreements to be entered into between private
citizens and/or corporations and municipalities; that all of
the requirements of the Illinois Revised Statutes and speci-
fically Section 11-15.1-1, et. seq. of the Illinois Munici-
pal Code, (Chapter 24, Illinois Revised Statutes, 1975) in
regard to publication and notice have been met prior to the
date of this Agreement.
2. That this Agreement is entered into after public
hearings before the Corporate Authorities and the Zoning
Board of Appeals of the City of McHenry in accordance with
the provisions of the aforesaid Statutes of the State of
Illinois and the City of McHenry Zoning Ordinance.
3. That the purpose of this Agreement is to provide
for annexation of certain tracts of real estate to the City
of McHenry, Illinois upon certain conditions hereinafter
described in this Agreement.
4. That the Owners, upon execution of this Agreement,
will file with the City Clerk of the City of McHenry, a
proper Petition or Petitions conditioned on the terms and
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provisions of this Agreement to annex certain real estate
heretofore described to the City of McHenry.
5. The Corporate Authorities, upon execution of this
Agreement, and upon the filing of a proper Petition or
Petitions by the owners as hereinabove provided, will enact
an Ordinance annexing the aforedescribed parcel which includes
all adjacent streets or highways as required by law.
6. That immediately upon annexation of the heretofore
described real estate to the City, the Corporate Authorities
shall adopt an Ordinance or Ordinances amending the City of
McHenry Zoning Ordinance so as to provide that the following
described parcel be classified "I-1", HEAVY INDUSTRIAL
DISTRICT:
All those parts of Sections 28 and 29 in Township 45
North, Range 8 East of the 3rd Principal Meridian
bounded by a line described as follows to -wit: Commenc-
ing at the point of intersection of the East line of
the West 1/2 of Section 28 with the North right of way
line of Route 120 to a point 581.69 feet West of the
West line of the East 1/2 of the Northeast 1/4 of
Section 29, thence South 1938.41 feet, thence East on a
line parallel to the South line of the Northeast 1/4 of
Section 29, 577.41 feet to the intersection with thee;
West line of the East 1/2 of the North East 1/4 of
Section 29, thence Northerly 55.94 feet, thence Easterly
on a line parallel to and 797.94 feet North of the
South line of the Northeast 1/4 of Section 29 and said
line projected East to the West line of Lot 10 in
Sherman Hill Industrial Subdivision, thence Northerly
to the Northwest corner of Lot 10, thence Easterly
along the South right of way line of Dot Street to a
point on the West line of Lot 1, thence South on the
West line of Lot 1 to the Southwest corner of Lot 1,
thence East on the South line of Lot 1 and said line
extended to the centerline of Draper Road which is the
East line of the West 1/2 of Section 28, thence North
on the East line of the West 1/2 Section 28, to the
place of beginning all in McHenry County, Illinois.
Excepting therefrom all of the foregoing that lies
within the rights of way of Public Roads and Highways.
and; in addition thereto shall issue a Special Use Permit or
Permits to allow the operation of a commercial gravel business,
including the extraction, screening, crushing, washing,
storing, and trucking of sand, gravel and other excavated
materials; and the operation of a ready -mix concrete plant;
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the manufacture of concrete products, including concrete
block, concrete pipe and concrete tile; and the operation of
an asphalt batch plant on a portion of the subject parcel
which is described as follows:
All those parts of Sections 28 and 29 in Township 45
North Range 8 East of the 3rd Principal Meridian bound-
ed by a line described as follows: Commencing at the
intersection of the Southerly right of way line of
Route 120 with the Westerly line of the lands conveyed
by Document #346887; thence Northwesterly and Westerly
along the Southerly right of way line of Route 120 to a
point 581.69 feet West of the West line of the East 1/2
of the Northeast 1/4 of Section 29; thence South,
1858.41 feet, thence East on a line parallel to the
South line of the Northeast 1/4 of Section 29, 577.41
feet to the intersection with the West line of the East
1/2 of the Northeast 1/4 of Section 29; thence North-
erly, 55.94 feet; thence Easterly, on a line parallel
to and 797.94 feet North of the South line of the
Northeast 1/4 of Section 29 and said line projected
East, to the West line of Lot 10 in Sherman Hill In-
dustrial Subdivision; thence Northerly to the North
line of Hill Street also being the South line of the
lands conveyed by Document #346887; thence West along
the South line of the lands conveyed by Document
#346887 a distance of 95.29 feet, more or less, to the
West line of the lands conveyed by Document #346887;
thence Northerly, along the West line of the lands
conveyed by Document #346887, to the Southerly right of
way line of Route 120 and place of beginning.
7. It is agreed and understood by the parties hereto
that time is of the essence of this Agreement, and that all
parties will make every reasonable effort, including the
calling of special meetings, to expedite the subject matters
hereof; it is further understood by the parties that the
successful consummation of this Agreement requires their
continued cooperation.
8. This Agreement shall be binding upon the parties
hereto, their respective successors, grantees or assigns for a
full term of ten (10) years commencing, as of the date
hereof, as provided by statute and to the extent permitted
thereby, it is agreed that in the event the annexation of
the Owners' real estate or the terms of this Agreement are
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challenged in any court, the period of time during which
such litigation is pending shall not be included in the
calculation of said ten (10) year term.
9. If any provision of this Agreement is declared
invalid or illegal, the remainder of the Agreement shall not
be effective thereby.
IN WITNESS WHEREOF, the Corporate Authorities, and the
Owners have hereunto set their hands and seals, and have
caused this instrument to be executed by their duly autho-
rized officals and the corporate seal attached thereto, all
on the day and year first written above.
CITY OF McHENRY
Its Mayor
ATTEST:
City Clerk
(SEAL)
McHENRY SAND AND GRAVEL COMPANY, INC.
11-1
C'
By 2lu
ITS-
ATTEST:
n
(SEAL)
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ATTEST:
(SEAL) LENORA M FRIMY
Vice Pres. & Trust Officer
ATTEST:
LENORA E. FRiSBY
(SEAL) Vice Pros. & Trust Officer
ATTEST:
LENORA E. MUSBY
(SEAL) Vice Pros. & Trust Officer
McHENRY STATE BANK, as Trustee under
the provisions of a Trust Agreement
dated July 1, 1963 and known as
Trust No. 125
'
By:
Its Trust Officer
McHENRY STATE BANK, as Trustee under
the provisions of a Trust Agreement
dated the 2nd day of February, 1971
and known as Trust No. 396
By:
Y
Its Trust Officer
McHENRY STATE BANK, as Trustee under
the provisions of a Trust Agreement
dated the 5th day of February, 1972,
and known as Trust No. 456
By:
Its Trust Officer
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STATE OF ILLINOIS )
) SS.
COUNTY OF McHENRY )
I, the undersigned, a Notary Public in and for the
County and State aforesaid, DO HEREBY CERTIFY that
CHARLES J. MILLER and ALLEN R. MILLER
personally known to me to be the President and Secretary,
respectively, of McHENRY SAND AND GRAVEL COMPANY, INC., a
Delaware Corporation, and personally known to me to be the
same persons whose names are subscribed to the foregoing
instrument, appeared before me this day in person and
severally acknowledged that as said President and Secretary
of said Corporation that they signed and delivered said
instrument, and that the Secretary caused the Corporate Seal
of the Corporation to be affixed thereto, pursuant to authority,
given by the Board of Directors of said Corporation, as
their free and voluntary act, and as the free and voluntary
act and deed of said Corporation, for the uses and purposes
therein set forth.
Notary Pu is
My Commission Expires: 12/1/77
STATE OF ILLINOIS )
) SS.
COUNTY OF McHENRY )
I, the undersigned, a Notary Public in and for the
County and State afores id, DO HEREBY CERTIFY that the above
B.SCHNEIDEW
named Vice Pres. & Trust Officer and
LENOI;A E. F; I.-M
respectively \is, President and - +Ee-RfeMCWFAM.Pf the
McHENRY STATE BANK, Trustee aforesaid under Trust No. 125,
personally known to me to be the same persons whose names
are subscribed to the foregoing instrument as such
President andLENORA 6pWetyry, respectively, appeared before
me this day in per�onTraY]dff�ceverally acknowledged that they
signed and delivered said instrument as their own free and
voluntary act of said Corporation, for the uses and purposes
therein set forth and that said LENORgS&R. �,gg y then and
Vice 176s. k rrust Officer
there acknowledged that a ; ` �_',: �6ec:$Y. as Custodian of the
L's�; i'rE:,. � Trust t;fficer
Corporate Seal of said Corporation, caused the Corporate
Seal of said Corporation to be affixed to said instrument as
saidFNOR•', WiFireAry's own free and voluntary act and as the
Vk7T1 frust Oircr
free and voluntary act of the Corporation for the uses and
purposes therein set forth.
N6tary Public
My Commission Expires: /P - l
STATE OF ILLINOIS )
) SS.
COUNTY OF MCHENRY )
I, the undersigned, a Notary Public in and for the
County and State afores g HEREBY CERTIFY that the above
ROBERT B. aCl-1! CibEW
named Ulrn Ares. & Trust Officer and
respectively President and - ire r-eSSf 9 ;�Pgfterof the
MCHENRY STATE BANK, Trustee aforesaid under Trust No. 396
personally known to me to be the same persons whose `names
are subscribed to the foregoing instrument as such
President and LEN0Rts9-cF;T0y, respectively, appeared before
Vice Pres. & NO Officer
me this day in person and severally acknowledged that they
signed and delivered said instrument as their own free and
voluntary act of said Corporation, for the uses and purposes
therein set forth and that said i C-NOI te"cfe-My then and
there acknowledged thatLE1�1C1RA Reffill,'�"y",�Is tCiustodian of the
Vice Pros. & Tfusf officer
Corporate Seal of said Corporation, caused the Corporate
Seal of said Corporation to be affixed to said instrument as
said LENOii.+ecrRe BY
's own free and voluntary act and as the
Trusffcdr
free and voluntary act of the Corporation for the uses and
purposes therein set forth.
N tary Public
My Commission Expires:
STATE OF ILLINOIS )
) SS.
COUNTY OF McHENRY )
I, the undersigned, a Notary Public in and for the
County and Stat1kG3CWe6P1W- ;i.RgdURREBY CERTIFY that the above
Vice Pres. & Trust Officer _
named
respectively
1'. President ands Lr`jQ2.rti 'bcre Pr of the
Vi
ce eems. E YrJ.i o OF
McHENRY STATE BANK, Trustee aforesaid under Trust No. 456
personally known to me to be the same persons whose names
are subscribed to the foregoing instrument as such
President and i'`''"` Sec�'�y
V�'1r� 1i u3 , respectively, appeared before
me this day in person and severally acknowledged that they
signed and delivered said instrument as their own free and
voluntary act of said Corporation, for the uses and purposes
RY
If
therein set forth and that said Secretary then and
bhu Frrs. w �IJ �Pk"'-i
there acknowledged than p,F,!n7g, 9e&Vif9ry, as Custodian of the
Corporate Seal of said Corporation, caused the Corporate
Seal of said Corporation to be affixed to said instrument as
said ik "�Sec�eay's own free and voluntary act and as the
free and voluntary act of the Corporation for the uses and
_purposes therein set forth.
Notary Public
My commission Expires:' )- - 1,6 - �