Loading...
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 -2- 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 -3- *fl E 0,0 a N n -t- Gk49 VEL 0 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 E )<, �k k "a. cv- po. I 0 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 -2- 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 -3- 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; -4- 0 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 -5- 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) -6- 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 -7- 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 - �