HomeMy WebLinkAboutOrdinances - O-78-150 - 06/14/1978 - APPROVE ANNEX AGMT NELSON PROPERTY0 - tsar
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AN ORDINANCE PROVIDING FOR THE
APPROVAL OF AN ANNEXATION AGREEMENT
WHEREAS, WILLIAM NELSON and CAROL NELSON are the
record owners of a certain parcel of real estate com-
prising approximately 3.4073 acres, located at the
Southwest corner of the intersection of the road
commonly known as Illinois State Route 31 and Bull
Valley Road, in Nunda Township, 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 public hearing was published in
the McHenry Plaindealer, a newspaper of general circula-
tion published in the City, within the time provided
by law, notifying the public of a hearing on said pro-
posed Annexation Agreement to be held before the Corporate
Authorities of the City of McHenry, McHenry County,
Illinois on the 14th day of June, 1978 at 8:00 p.m.;
and,
WHEREAS, the Corporate Authorities of the City of
McHenry have held the hearing as required by law and
have found the entry into said 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 1: The Annexation Agreement bearing the
date of June 14 , 1978, by and between the City
of McHenry, a Municipal Corporation in the State of
Illinois, and WILLIAM NELSON and CAROL NELSON, 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 2: The Mayor and City Clerk of the City
of McHenry be and they are hereby authorized to affix
their signatures as Mayor and City Clerk of the City
of McHenry to said Agreement for the uses and purposes
therein set forth.
SECTION 3: This Ordinance shall be in full force
and effect immediately after its passage and approval
as required by law.
PASSED by 2/3 vote of the Corporate Authorities this
day of June, 1978
AYES: 22!Ll"gca- C'vF� Ot�h I No%3 0'-6M�S�Ncc
NAYS • �oNF
ABSENT: D $'C -Z - S K \W
APPROVED this klk% day of June, 1978
Mayor
ATTEST:
0-150
I Z I Wfm *%, L% ffixv-.4 DID z IDI im
THIS AGRIM ]T, made and entered into this 14.th day of
June
, 1978, by and between the CITY OF McMaY, a
Municipal Corporation in the State of Illinois, (hereinafter referred
to as "CITY"), by and through its Mayor and Members of the City
Council, (hereinafter referred to collectively as "CORPORATE
AUIlOJRI'1'II:S") , and WILLIAM NELSON and CAROL NELSON, (hereinafter
sometimes referred to as "O NERS") , WITNESSETH:
WHEREAS the Owners are the record title owner of the following
described real estate and the owner of said parcel in its
entirety:
That part of the Southwest Quarter of Section 2, Township
44 North, Range 8 East of the Third Principal Meridian
described as follows:
Beginning at the Northwest corner of said Southwest Quarter:
thence Easterly along the North line of said Southwest
Quarter 772.4 feet to a point on the Westerly right of
way line of U.S. Route 12; thence Southwesterly along said
right of way line 279.9 feet; thence Westerly 722.35 feet
to a point an the West line of aforesaid Southwest Quarter,
said point being 275.77 feet Southerly of the place of begi mirg
(as measured along said West line); thence North along said
West line 275.77 feet to the place of beginning, (excepting
and reserving therefrom that part of the above described
property dedicated for highway purposes on November 30, 1973
as Document No. 6C7445 described as follows:
LAW OrrICES
RICHARD J. SHORT
SUITE 1302
700 WEST MONROE ST.
346-9737
CHIC^= SOGOL
Begi rw i ng at the Nortlyaest corner of the Southwest Quarter
of said Section 2; thence Easterly on the North line of
said Southwest Quarter, 772.4 feet to a point on the
Westerly right of may line of a public highway known as
United States No. 12; thence Southerly on said Westerly
right of way line, 51.12 feet; thence Westerly in a straight
line to a point on the West line of said Southwest Quarter,
this point being Southerly of and 100.0 feet distant from
the Northwest corner of said Southwest Quarter; thence
Northerly on the West line of said Southwest Quarter, 100.0
feet to said point of beginning), in McHenry County, Illinois.
The subject property is located approximately at the South-
west corner of State Route 31 and Bull Valley Road in Nunda
Township, McHenry County, Illinois; said property consists of
approximately 3.4073 acres.
UUMAS the above parcel is contiguous to the present corporate
limits of the City of McHenry, Illinois; and
WfE2;EAS 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 Municipal Code, Chapter 24, Illinois
Revised Statutes, 1975; and
W[MEAS the Owners desire to have said parcel annexed to the City
of McHenry, Illinois upon certain terms and conditions as are
hereinafter set forth; and
LAW OrrICCB
RICHARD L SHORT
Burr[ 13132
200 vr[sr MONROE Br.
346-9737
CHICAOO •0606
-2-
LAW arrICEN
RICHARD J.9HORT
SUM 1302
700 M[aT NONRO[ ST.
346-9737
QNI-0 .ows
UUME'AS 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
VF,AS pursuant to the provisions of Section 11-15. 1-1, et seq.
of the Illinois Municipal Code, (Chapter 23, 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 bearing was held thereon pursuant to notice,
as provided in the Statutes; and
VIEPCEAS pursuant to notice 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 reclassification of said parcel and the
reco-nc]ati.on made by the Zoning Board of Appeals Gras submitted to
the Corporate Authorities.
• i� � •• �. a �• • � i •• � •• • � i�� i�� �
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 Code, Chapter 24, Illinois Revised Statutes,
1975; that said statutory provisions provide for ration
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, in regard to publication and notice have been met
prior to the date of this Agreement.
-3-
uw arriccs
RICHARD J. SHORT
surm 13122
7OO w[sr MONROE sr.
346,W37
QNIaAOO 6O6Os
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
armexation of certain tracts of real estate to the City of
McHenry, Illinois upon certain conditions hereinafter
described herein.
4. That the Owners upon execution of this Agreement, will file
with the City Clerk of the City of McHenry, a proper Petition,
conditioned on the terms and provisions of this Agreement,
to annex certain real estate, as heretofore described, to the
City of McHenry.
5. The Corporate Authorities, upon execution of this Agreement
and upon the filing of a proper Petition 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 will adopt
an Ordinance or Ordinances amending the City of McHenry Zoning
ordinance, so as to provide that the following described parcel
be classified "B-l" Ccmmmercial Retail District, which is its
present zoning classification Linder the McHenry County Zoning
Ordinance:
That part of the Southwest Quarter of Section. 2, Township
44 North, Rare 8 East of the Third Principal Meri ri; an
described as follows:
-4-
Beginning at the Northwest corner of said Southwest Quarter:
thence Easterly along the North line of said Southwest
Quarter 772.4 feet to a point on the Westerly right of
way line of U.S. Route 12; thence Southwesterly along said
right of way line 279.9 feet; thence Westerly 722.35 feet
to a point on the West line of aforesaid Southwest Quarter,
said point being 275.77 feet Southerly of the place of beginning
(as measured along said West line); thence North along said
West line 275.77 feet to the place of beginning, (excepting
and reserving therefrom that part of the above described
property dedicated for highway purposes on November 30, 1973
as Document No. 607445 described as follows:
Beginning at the Northwest corner of the Southwest Quarter
of said Section 2; thence Easterly on the North line of
said Southwest Quarter, 772.4 feet to a point on the
Westerly right of way line of a public highway known as
United States No. 12; thence Southerly on said Westerly
right of way line, 51.12 feet; thence Westerly in a straight
Line to a point on the West line of said Southwest Quarter,
this point being Southerly of and 100.0 feet distant from
the Northwest corner of said Southwest Quarter; thence
Northerly on the West line of said Southwest Quarter, 100.0
feet to said point of beginning), in Mcfienry County, Illinois.
The subject property is located approximately at the South-
west corner of State Route 31 and Bull Valley Road in Nunda
Township, McHenry County, Illinois; said property consists of
approximately 3.4073 acres.
uw orriecs
RICHARD J. SHORT
suns 13M
700 wcar MONRO[ ET.
3"-9737
aNIcwa sosos
LAW orni 1
RICHARD .L 9H12RT
GUrM 1302
700 WEST MONROE @T.
346-9737
ONICA6o GOSOG
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 to expedite the subject
matter hereof and that the successful consuamation of this
Agreement requires their contim ed cooperation.
IN Wr=S UEPMF, the Corporate Authorities and the Owners have
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 McHMY :
By:
�Its^yor
(te)
O6JNM
Richar. J. Short
3411 North Countryside Drive
Mdimry, Illinois 60050
(815) 385 - 7180
Willi an Nelson
IPA