HomeMy WebLinkAboutOrdinances - O-77-120 - 09/20/1977 - ANNEX AGMT MCLAKE CORPORDINANCE NO. Q— `o2O
AN ORDINAPK9 PROVIDING FOR THE APPROVAL OF A PROPOSED
ANNEXATION AGREEMENT BETWEEN THE CITY OF MCHENRY,
MCHENRY COUNTY, ILLINOIS AND MCLAKE CO., AN ILLINOIS
CORPORATION
WHEREAS, McLAKE CO., an Illinois Corporation is the record
owner of a cegtain parcel of real estate located on the east sice
of Ringwood Road, north of Route 120 and south of West Shore Drivel
in McHenry Township; and
WHEREAS said real estate is contiguous to the existing
corporate limits of the City of McHenry, McHenry County, Illinois;
and
WHEREAS notice of 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 c: i
a hearing on said proposed Annexation Agreement to be held before
the corporate authorities of the City of McHenry, McHenry County,
Illinois, on the 20th day of September, 1977 at 7:30 P.M. and
WHEREAS the corporate authorities of the City of McHenryhave
held the hearing as required by law and have found the entry into
said Agreement would 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 CITYI
OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION I The Annexation Agreement bearing date of
ISe r tember 20, 1977, by and between the City of McHenry, a
Municipal Corporation in the State of Illinois, and McIAKE CO.,
an Illinois Corporation, be and the same is hereby approved.
A complete and accurate copy of said Annexation Agreement is
attached to this Ordinance and incorporated herein by reference
as Exhibit A.
SECTION II: The Mayor and City Clerk of the City of
McHenry are authorized to affix their signatures as Mayor and
City Clerk of said City to said Agreement for the uses and purpcse!
therein set forth.
SECTION III: This Ordinance shall be known as Ordinance
No. 0-12D and shall be in full force and effect immediately
after its passage and approval as required by law.
PASSED by a two-thirds (2/3rds) majority of the City Council
of the City of McHenry and approved by me this ;LO" day of
S?=-pTtjj�10*, , A.D. 1977.
CI'
ATTEST: By
City Clerk
PASSED: 1-20- 71
APPROVED: 9-go- 77
NUMBER VOTING AYE:
NUMBER VOTING NAY: Q
NUMBER ABSTAINING: O
NUMBER ABSENT: O
Approved as to form:
V •�
City Attorney
Ca. ORDINANCE NO. 0 120
ANNEXATION AGREEMENT
THIS AGREEMENT, made and entered into this 2Oth day of
September 19772 by and between the CITY OF McHENRY, a Municipal
Corporation in the State of Illinois, (hereinafter referred to as
"CITY"), by and through its Mayor and Member of the City Council,
(hereinafter referred to collectively as "CORPORATE AUTHORITIES"),
and McLAKE CO., an Illinois corporation, doing business in Mc;ear;
County (hereinafter sometimes referred to as OVTNERS), WITNESSETH:
WHEREAS McLAKE CO. is the record title owner of the follow-
ing described real estate and the owner of said parcel in its
entirety:
Lots 11 to 17 inclusive, in Block 9 in West Shore
Beach, McCullom Lake, a subdivision of part of the
Southeast Quartcr of Section 21, Township 45 North,
Range 8, East of the Third Principal Meridian, in
McHenry County, Illinois, and
WHEREAS the above parcel is contiguous to the present cor--
porate 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 provi'led
in Article VI7 of the Illinois Municipal Code, Chapter 24, Illi-oi
Revised Statutes, 1975; and
WHEREAS the Owners desire to have said parcel a,inexed to .ncl
City of McHenry, Illinois upon certain terms and conditions as
hereinafter set forth; and
rvHEREAS the Corporate Authorities after due and careful
consideration have concluded that the annexation of said parcel
to the City of McHenry would further the growth of the City 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 23, Ill. Rev. St.175;
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
WHEREAS pursuant to notice as required by the statutes of th
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 submtt
to the Corporate Authorities,
FOR A -ND IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAIIMr
HEREIN, IT IS AGREED AS FOLLOWS:
1. This agreement is made pursuant to and in accordance
with the provisions of Section 11-15.1-1, et. seq, of the Illinois]
Municipal Coda, Chapter 24, Ill. Rev. St. 1975; that said statptor�
provisions provide for annexation agreements to be entered into
between private citizens and/or corporations and municipalities:
that all of the requirements of the said Illinois Revised Statutes
Chapter 24, 1975, Section 11-15.1-1, is regard to publication and
notice have been met prior to the date of this Agreement.
2. That this agreement is entered into after public heari :gs l
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 McHeir
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 herein.
4. That the Owner, upon execution of this Agteement, will
Eile with the City Clerk of the City of McHenry, a proper Petition
onditioned on the t erms and provisions of this Agreement to annex'
J�certain real estate as heretofore described to the City of McHenry.
5. The Corporate Authorities, upon execution of this
greement and upon the filing of a proper Petition by the Owner as
ereinabove provided, will enact an Ordinance annexing the afore-
escribed parcel which includes all adjacent streets or highways
s required by law.
6. That immediately upon annexation of the heretofore
escribed real estate to the City, the Corporate Authorities will
opt an Ordinance or Ordinances amending the City of McHenry
oning Ordinance so as to provide that the following described
rcel be classified "B-1" Commercial Retail District. which is
its present zoning classification under the McHenry County Zoning
rdinance:
Lots 11 to 17 inclusive in Block 9 in West Shore
Beach, McCullom Lake, a subdivision of part of the
Southeast Quarter of Section 21, Township 45 'North,
Range 8, East of the Third Principal Meridian, in
McHenry County, Illinois
7. It is agreed and understood by the parties hereto that
ime is of the essence of this Agreement and that all parties will
every reasonable effort to expedite the subject matter hereof
nd that the successful consummation of this Agreement requires
their continued cooperation.
IN WITNESS WJ EREOF the Corporate Authroties and the Owner has
hereunto set their hands and seals and have caused this Instrument
to be executed by their duly authorized officials and the corporate
seals attached thereto, all on the date as first herein written.
CITY OF McHENRY
TTEST: By:
J � Z/� , ITS MAYOR
City' Cler
IS EAL )
Mc LAKE CO., an Illinois corporati^Z
By: 4ts
'�,
Presia nt
ATTEST:
,h--) � ' f
�'t ,�J L ' ',2 �
Secretar-
(SEAL )