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HomeMy WebLinkAboutOrdinances - O-78-159 - 07/17/1978 - APPROVE SECOND AMENDMENT TO PRE ANNEX AGMT TOWNE-OORDINANCE NO. 0-159 AN ORDINANCE PROVIDING FOR THE APPROVAL OF A PROPOSED SECOND AMENDMENT TO A PRE -ANNEXATION AGREEMENT DATED MAY 11 1972, AS AMENDED, BETWEEN THE CITY OF McHENRY, i McHENRY COUNTY, ILLINOIS AND RICHARD A. JOHNSON; AMERICAN M NATIONAL BANK AND TRUST COMPANY OF CHICAGO, AS TRUSTEE UNDER THE PROVISIONS OF A TRUST AGREEMENT DATED THE 14TH DAY OF DECEMBER, 1977 AND KNOWN AS TRUST NO. 41831; HOWARD ORLEANS AND MILFRED TOWNE WHEREAS, RICHARD A. JOHNSON and AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, as Trustee under the provisions of a Trust Agreement dated the 14th day of December, 1977 and known as Trust No. 41831 are the record owners of a certain parcel of real estate located on both sides of McCullom Lake Road west of its intersection of U. S. Route 31 and said property extends southwesterly from McCullom Lake Road up to and beyond the Chicago and North Western Railroad right of way in McHenry Township, McHenry County, Illinois; and WHEREAS, HOWARD ORLEANS and MILFRED TOWNE are the owners of the entire beneficial interest in Trust No. 41831 referred to above; and WHEREAS, said real estate is within 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 pub- lished in the City, within the time provided by law, noti- fying the public of a hearing on said proposed Second Amend- ment to Pre -Annexation Agreement dated May 1, 1972, as amended, to be held before the Corporate Authorities of the City of McHenry, -McHenry County, Illinois; 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 Second Amended 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 Second Amendment to a Pre -Annexation Agreement dated May 1, 1972, as amended, bearing the date of J L th. 19782 by and between the City of McHenry, a Municipal Corporation in the State of Illinois, and RICHARD A. JOHNSON, AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, as Trustee under the provisions of a Trust Agreement dated the 14th day of December, 1977 and known as Trust No. 41831, HOWARD ORLEANS and MILFRED TOWNE, be and the same is hereby approved. A complete and accurate copy of said Second Amendment to a Pre -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 are authorized to affix their signatures as Mayor and City Clerk of said City to said Agreement for the uses and purposes therein set forth. Section 3: This Ordinance shall be known as Ordinance ' No. 0-159 and shall be in full force and effect immediate- ly after its passage and approval as required by law. PASSED by two-thirds (2/3rcQ of the corporate author - sties of the City Council of the City of McHenry this lam+ day of , 1978. AYES: NAYS : {-!Nc0'E- ABSENT : 1 �0►�� APPROVED this IIINk day of 1978. T.-Ew�^20.0 i i J. i ATTEST: City Clerk Trust No. 426, RALPH L. EDGAR, and INVESTMENT DEVELOPMENT, INC., a copy of which is attached hereto as Exhibit "C"; and WHEREAS, the OWNER desires to further amend the ex- isting Pre -Annexation Agreement dated May 1, 1972, as amend- ed, upon certain terms and conditions herein set forth; and WHEREAS, the CORPORATE AUTHORITIES after due and care- ful consideration have concluded that the amendment of the Pre -Annexation Agreement dated May 1, 1972, as amended, under the terms and conditions hereinafter 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 its citizens; 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 Second Amend- ment to the Pre -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 said Agreement has been modified to meet the recommendations of the CITY as authorized by law; and WHEREAS, pursuant to notices required by the Statutes of the State of Illinois and the Zoning Ordinance of the CITY, a public hearing was held before the City of McHenry Plan Commission and Zoning Board of Appeals and the recom- mendations of said Plan Commission and Zoning Board of Appeals were submitted to the CORPORATE AUTHORITIES. FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN CONTAINED, 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 -2- Statutes, 1975); that said Statutory provision provides for amendments of annexation agreements entered into between private citizens and municipalities; that all of the re- 01 of the Illinois Revised Statutes and specifically Section 11-15.1-1, et. seq. of the Illinois Municipal Code, (Chapter 24, Illinois Revised Statutes, 1975), in regard to publication and notice have been met prior to the date of this Agreement. 2. This Second Amended Pre -Annexation Agreement is entered into after yublic hearings before the CORPORATE AUTHORITIES, the Plan Commission and Zoning Board of Appeals of the City of McHenry in accordance with the provisions of the aforesaid Statutes and Ordinances within the CITY and the State of Illinois. 3. That the purpose of this Second Amended Pre - Annexation Agreement is to provide for the amendment of the Pre -Annexation Agreement entered into on the lst day of May, 1972 between the CITY and McHENRY STATE BANK, as Trustee under Trust No. 426, RALPH L. EDGAR and INVESTMENT DEVELOP- MENT, INC., as amended on May 4, 1972. 4. The CORPORATE AUTHORITIES upon execution of this Agreement and the filing of the Petition of the OWNER as hereinabove provided, will enact an Ordinance amending the provisions of the City of McHenry Zoning Ordinance so as to provide that the tracts described below will remain classi- fied or be reclassified in the following manner and may be used for the purposes hereinafter described in this Agree- ment: (a) That AREA 1 depicted on the Site Plan attached hereto as Exhibit "D" remain classified as "B-3", -3- COMMERCIAL DISTRICT; among the uses permitted thereon shallbbe one, but not more than one, automobile service station as provided in the original Pre -Annexation Agreement. However, no apartments shall be allowed in AREA 1. •1 (b) That AREA 21 containing 12.19 acres and AREA 3, containing 6.07 acres, depicted on the Site Plan attached hereto as Exhibit "D", shall remain classified "R-4", MULTI -FAMILY DISTRICT and may be used for the purposes and uses permitted within said classification under the provisions of the present Zoning Ordinance of the City of McHenry, except that the OWNER and/or RICHARD A. JOHNSON shall have the right to construct no more than two hundred and seven (207) units on AREA 2 and no more than one hundred and three (103) units on AREA 3, and no boarding or lodging houses shall be permitted —on either area. (c) That AREA 4 depicted on the Preliminary Plat of Subdivision attached hereto and made a part hereof as Exhibit "E" is presently classified "R-4", MULTI -FAMILY DISTRICT but shall be reclassi ied to R- A , SINGLE FAMILY DISTRICT under the pro- vTs'ions of tKe zoning ordinance of the City of McHenry, provided that: i) On the Final Plat of Subdivision, the OWNER shall dedicate 3.28 acres to the CITY for public use purposes in location and manner substantially as appears as AREA 5 on the approved Preliminary Plat of Subdivision attached hereto as Exhibit "E". ii) The OWNER shall have the right to construct no more than 216 single family dwellings upon AREA 4. iii) That any Final Plat of Subdivision for AREA 4 shall conform to the Preliminary Plat attached hereto as Exhibit "E" to the greatest extent practicable. In any event, it is understood between the parties hereto that all lots shown on said final plat of subdivision shall be at least 70 feet wide at the building line and every lot within the area encompassed by lot numbers 1 through 26; 33 through 36; 49 through 52; 65 through 68; 83 through 216 as shown on the attached Preliminary Plat shall have at least 10,000 square feet of area, and every lot within the area encompassed by lot numbers 27 through 32; 37 through 48; 53 through 64; 69 through 82 as shown on the attached Preliminary Plat shall have at least 8,750 square feet of area. (d) That AREA 6, consisting of 25.83 acres as depicted on the Preliminary Plat attached hereto shall remain classified "I-P", INDUSTRIAL PARR DISTRICT and may be used for triie purposes and uses permitted within said classification under the provisions of the present zoning ordinance of the City of McHenry. -4- 5. That it is understood and agreed by the parties hereto that time is of the essence of this Agreement, and all of the parties will make every reasonable effort, in- cluding the calling of special meetings, to expedite the subject matter hereof; it is further understood and agreed by the parties that the successful consummation of this Agreement requires the continued cooperation of all parties. 6. Notwithstanding the CITY'S Subdivision Ordinances, the CITY agrees that the OWNER shall be under no obligation to construct or dedicate any internal roads, or dedicate any land easements to the CITY until a final plat of subdivision encompassing the subject are4 in which the road or dedica- tion is located has been approved by the CORPORATE AUTHORITIES. Upon such approval, the roads included in the final plat, shall be constructed by the OWNER, as hereinafter provided. 7. In lieu of any bond or cash escrow required by any Ordinance of the CITY in connection with the improvement or development of the subject property, the OWNER, their agents, assigns or successors may guarantee their performance or fulfillment of any such requirements by submitting to the CITY an irrevocable letter of credit, in a form that is acceptable to the CITY, drawn on a bank or savings and loan association in the Chicago -Metropolitan area having stated assets of not less than THIRTY MILLION AND N0/100 ($30,000,000.00) DOLLARS in favor of the signatory. In addition, the CITY agrees that the OWNERS and their assigns shall not be required to post the aforedescribed letter of credit, bond, or similar assurance concurrent with the CITY'S approval and execution of a final plat of sub- division. In return, the OWNERS and their assigns agree not to sell individual lots within said final plat or to record said final plat with the McHenry County Recorder of Deeds until a mutually acceptable letter of credit, bond or similar -5- assurance guaranteeing the construction of the required land improvements is delivered to the CITY. ` 8. The parties hereto agree that the OWNERS and their assigns shall not be required to dedicate any land or donate any money to the CITY, park district, any school district, or any other governmental body, other than that which is specifically provided for herein and the amounts of the cash contribution presently specified in the CITY OF McHENRY'S Ordinances relating to said donations as the same exist on the date of execution hereof, except that, if not sooner paid, one-half (1/2) of the cash contributions specified therein shall be due and payable eighteen (18) months after the approved final plat is recorded and the remaining one- half (1/2) shall be due and payable thirty-six (36) months after said final plat is recorded. It is further understood and agreed between the parties hereto that the cash con- tributions specified herein shall not be subject to any credit for land dedicated herein but shall be in addition thereto. 9. The CITY agrees that after a final plat of sub- division is recorded and the aforedescribed guarantee is delivered to the CITY, the OWNER shall not be required to construct all on -site improvements prior to the issuance of building permits for individual lots included within said final plat. Rather, the OWNER shall be allowed to construct the required on -site land improvements in stages as the development of the subject property progresses and obtain building permits for individual lots prior to the construc- tion of all the on -site improvements serving said lot. How- ever, the OWNER shall not be entitled to any occupancy permits in any area where the required land improvements have not been installed until said required on -site land improvements servicing said building have been installed. -6- - e rWW�t.��etas• The OWNER further agrees not to convey or transfer title to any lot for which a building permit has been issued until the required land improvements servicing said lot have been installed. 10. This Agreement shall supercede all prior Agree- ments between the parties hereto including the Pre -Annexation Agreement entered into May 1, 1972 and the First Amendment to the Pre -Annexation Agreement entered into May 4, 1972, except as the same applies to the annexation and "B-3", COMMERCIAL DISTRICT,, "R-411, MULTI -FAMILY DISTRICT and "I-P", INDUSTRIAL PARK DISTRICT zoning of the subject property, except as modified herein. All agreements affecting the subject property entered into prior to the date of this Agreement shall be of no force and effect and in the event of any conflict between this Agreement and any such prior Agreements, this Agreement shall be controlling. 11. The OWNERS are submitting herewith a Preliminary Plat of Subdivision for the subject property, a copy of which is attached hereto and made a part hereof as Exhibit "E". The CITY hereby agrees to approve said Preliminary Plat upon the passage of an Ordinance reclassifying the zoning of AREA 4 aforesaid to "R-3A", SINGLE FAMILY DISTRICT. Upon the approval of a Final Plat of Subdivision for the subject property, the OWNERS agree: (a) To dedicate a sixty (60) foot wide strip of land adjacent to the Millstream Park Sub- division for a street right of -way. The location of said right of way shall be des- ignated by the CITY at the time the Final Plat encompassing said right of way is approved by the City Council. (b) To construct the streets designated on the attached Prelminary Plat as Orleans Street and Denise Drive in the following manner: (i) The roadbed for Orleans Street and Denise Drive shall be completed no later than twelve (12) months from the date of the execution of this Agreement. -7- (ii) The first matte surface shall be applied to the aforesaid roadbeds within six (6) months of the CITY'S obtaining the Interstate Commerce Commission's (I.C.C.) approval for the contemplated railroad crossing or twelve (12) months from the date the roadbed referred to above is constructed, whichever is sooner. However, in no event shall the OWNER'S be required to install the roadbed and first matte surface sooner than twelve (12) months from the date of the ex- ecution of this Agreement. (iii) The second and final matte surface required by the CITY shall be installed within twelve (12) months after the first matte surface is installed. (iv) To construct, maintain and clean an eighteen (18) inch spillway at the point where the creek transversing the subject property adjoins Millstream Park Sub- division. Upon completion of the re- quired on -site land improvements, the OWNERS shall remove and clean said spillway. (v) The OWNERS shall supply, at their ex- pense, such park and playground equip- ment (ie; swings and slides, etc.) as the City Park Commissioner may require, but in no event shall the cost of said equipment exceed FIVE THOUSAND AND N0/100 ($5,000.00) DOLLARS. Said park and playground equipment shall be in- stalled on the 3.28 acre park site designated as AREA 5 on the Preliminary Plat attached hereto. (vi) In return for the OWNERS' donation of the aforesaid park and playground equip- ment, the CITY agrees that the TOT lots designated on the Preliminary Plat attached hereto may be eliminated and the areas encompassed by said TOT lots may become a part of the residential lots on the Final Plat of Subdivision for the subject property. 12. OWNERS shall pay to the CITY within thirty (30) days of the date on which the CITY expends funds therefor, a sum equal to fifty (50%) percent of the CITY'S share of the total cost of construction of a railroad crossing which cost shall include the construction of roadways, sidewalks, crossing gates and signals and relocation of public utili- ties connecting the "I-P", INDUSTRIAL PARR DISTRICT with the "R-3A", SINGLE FAMILY DISTRICT. -8- a 13. The CITY AGREES to enact such ordinances and such resolutions as are or may be necessary to effect the terms of this Agreement. 14. This Agreement may be amended from time to time with the consent of both parties, pursuant to Statutes in such case made and provided, for such period of time as provided by Statute. 15. This Agreement shall be binding upon the parties hereto, their respective grantees, successors or assigns for a full term of ten (10) years as provided by Statute, and to the extent permitted thereby. It is agreed that in the event any of the terms of this Agreement are challenged in any court proceedings, the period of time during which such litigation is pending shall not be included in the calcu- lation of said ten (10) year term. 16. This Agreement shall be enforceable in any court of competent jurisdiction by any of the parties hereto by appropriate action of law or in equity to secure the per- formance of the covenants herein contained. 17. If any provision of this Agreement is held in- valid, such provision shall be deemed to be excised there- from and the invalidity thereof shall not effect any of the other provisions contained herein. 18. The City of McHenry, Illinois has executed this Agreement pursuant to proper resolution made, seconded and duly passed on the day of , 1978, which resolution authorized and directed the Mayor and City Clerk to so do. 19. This Agreement is executed by AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, as Trustee under the provisions of a Trust Agreement dated the 14th day of December, 1977 and known as Trust No. 41831, not personally, but solely as Trustee as aforesaid. -9- IN WITNESS WHEREOF, the CITY OF McHENRY by its COR- PORATE AUTHORITIES and the OWNER and JOHNSON have hereunto set their hands and seals, and have caused this instrument to be executed by their duly authorized officials and the corporate seal attached hereto, all on the day and year first written above. CITY OF McHENRY By: s/s Joseph B. Stanek Its Mayor ATTEST: ra E. Gilpin City Clerk (SEAL) 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 JOSEPH B. STANEK and BARBARA E. GILPIN, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF McHENRY, 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 ack- nowledged that they signed and delivered said instrument as such Mayor and City Clerk of said Corporation, and caused -10- the Corporate Seal of said Corporation to be affixed thereto pursuant to the authority, given by the City Council 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. My Commission Expires: APPROVED AS TO FORM: 9/9 Bernard Narusis City Attorney a/c RhArnn RE.i d Notary Public -11- lj -� Richard Jo s -- STATE OF ILLINOIS ) SS. COUNTY OF ) I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY that RICHARD A. JOHNSON, personally known to me to be the same person whose name is subsc3ibed to the foregoing instrument, appeared under oath before me this day in person and acknowledged/that he signed and delivered said instrument as his free and voluntary act for the uses and purposes therein sYorth. Notary PEEis My Commission Expires: Z7;1 �, /f- 7.? -12- "mment Is executed by AMERICAN NATIONAL BANK AND TRUST COMPANY :AGO, not personally but solely as Trustee, as atoresaid. All the covenants ndilions to be performed hereunder by 4`1RICAN F:.uDNAL RANK AND `T CC'if, NY OF C ' C O er,- u••dcit.6cn is it �c'-_fy as Trui!ee, as atorcrid ai.0 not ic�.�:cu311y, ar.d r.o personal hab,iay s;iall be asserteJ or be ederoaable against AVVICAN NATIONAL BANK AND TRUST COYFANY OF CHICAGO by reason at any of the covenants, Statements, representauons or warrarrGes contained in WiS I wimo sot. nmmvrm_ (SEAL) STATE OF ILLINOIS ) COUNTY OF ) Ss. ) AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, as Trustee under the provisions Of a Trust Agreemenk d ted the 14th day of Decemb r, 977 and known as TruA �jo �4 31 By: s: I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY that the above named — r Michael Whelan and L'. JOHgfvStly respectively VICI President and ASStSTANt ' Secretary of the AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, Trustee aforesaid, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such f_I=X_ president and ASSrsrAw- Secretary, respective, appeared before me this day in person and severally ack- nowledged 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 under oath Secretary then and there acknowledged,/ hatASSIS ANt Secretary, as Custodian of the Corporate Seal of said Corporation, caused the Corporate Seal of said Corporation to be affixed to said instrument as said ASS`1SYi*T Secretary's own free and voluntary act and as the free and voluntary act of the Corporation for the uses end purposes therein set forth. —j IiLc- My Commission Expires: Notary Pu is -13- • j Howard Orleans STATE OF ILLINOIS ) i ' y ; SS. COUNTY OF -31 I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY that HOWARD ORLEANS, personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared under oath before me this day in person and acknowledged/ that he signed and delivered said instrument as his free and voluntary act for the uses and purposes therein set forth. My Commission Expires: /.�-i-ON . Mi re2l Towne STATE OF ILLINOIS ) SS. COUNTY OF ) I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY that MILFRED TOWNE, personally known to me to be the same person whose names is subscribed to the foregoing instrument appeared under oath before me this day in person and acknowledged/that he signed and delivered said instrument as his free and vol- untary act for the uses and purposes therein set forth. Notary PubYiV My Commission Expires: -14- •• u EXHIBIT "A" AREA 1 All that part of the East 1/2 of the Northwest 1/4 of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, lying Northeasterly of the center line of McCullom Lake Road (excepting therefrom that part defined as follows: a strip of land 2 rods in the Northwest corner of said East Half of the said Northwest Quarter of said Section 26, extending from the highway North to the Section line; also excepting therefrom that part of the East 1/2 of Northwest 1/4 of said Section 26 described as follows: that part of the East Half of the Northwest Quarter of Section 26, Town- ship 45 North, Range 8 East of the Third Principal Meridian, lying Northerly of the center of the public highway des- cribed as follows: Beginning on the North line of said Section at a point 1105.45 feet West from the North Quarter corner thereof; thence South on a line forming an angle of 89 degrees 21 minut i to the left with a prolongation of said Section line, for a distance of 238.4 feet to an inter- section with the center line of the public highway; thence Northwesterly along the center of said highway being on a line forming an angle of 127 degrees 34 minutes to the right with a prolongation of the last described line, for a dis- tance of 220.95 feet to a point; thence North in a direct line, 101.75 feet to a point in the North line of said Section that is 174 feet West from the aforesaid place of beginning; thence East 174 feet to the place of beginning) in McHenry County, Illinois. ALSO AREA 2 That part of the Northeast Quarter of the Northwest Quarter of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, bounded and described as follows: Beginning at the Southwest corner of the Northeast Quarter of the Northwest Quarter of said Section 26, thence East along the South line of the Northeast Quarter of said Northwest Quarter a distance of 333.00 feet, thence North along a line perpendicular to the last described course a distance of 122.00 feet to a point of intersection with a line 122.00 feet North of and parallel with the South line of said Northeast Quarter, thence East along the last described parallel line, a distance of 134.97 feet to a point of intersection with a line 818.00 feet West of and parallel with the Westerly right of way line of State Route 31, as shown on Highway Dedication recorded August 11, 1927 as Document No. 79413, thence North along the last described parallel line a distance of 428.61 feet to an angle point, thence Northeast along a line forming an angle of 139°-001- 00" as measured to the left of the last described course a distance of 225.18 feet to the Southwesterly right of way line of McCullom Lake Road, thence Northwesterly along said Southwesterly right of way line, being a curved line concave to the Southwest having a radius of 5748.00 feet, an arc distance of 331.75 feet to a point of tangent in said Southwesterly right of way line, thence continuing Northwesterly along said right of way line 438.60 feet to the intersection with the West line of the Northeast Quarter of the Northwest Quarter of said Section 26, thence South along said West line 1204.04 feet to the point of beginning, all in McHenry County, Illinois. ALSO 3 That part of the Northeast Quarter of the Northwest Quarter of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, bounded and described as follows: Commencing at the intersection of the West right of way line of State Route 31 and the Southwesterly right of way line of McCullom Lake Road; thence Northwesterly along said Southwesterly right of way line a distance of 229.00 feet to the intersection with a line 165.00 feet West of and parallel with the Westerly right of way line of State Route 31 as shown on Highway Dedication recorded August 11, 1927 as Document No. 79413 for the point of beginning; thence South along the last described parallel line, a distance of 130.35 feet to the intersection with a line 105.00 feet North of and parallel with the South line of the Northeast Quarter of the Northwest Quarter of said Section 26, thence West along the last described parallel Mne 577.10 feet to a point of intersection with a line 742.00 feet West of and parallel with the aforesaid Westerly right of way line of State Route 31 recorded August 11, 1927, thence North along the last described parallel line 415.76 feet to an angle point, thence Northeasterly along a line forming an angle of 139°-00'-00" as measured to the left of the last described course, a distance of 196.73 feet to the Southwesterly right of way line of McCullom Lake Road, thence Southeasterly along said Southwesterly right of way line, being a curved line concave to the Southwest having a radius of 5748.00 feet, an arc distance of 245.71 feet to a point of tangent in said Southwesterly right of way line, thence continuing Southeasterly along said right of way line 370.53 feet to the point of beginning, all in McHenry County, Illinois. ALSO AREA 4 That part of the Southeast Quarter of the Northeast Quarter of Section twenty-seven and part of Section twenty-six all in Township Forty-five North, Range Eight East of the Third Principal Meridian bounded and described as follows: Beginning at the Southeast corner of the Southeast Quarter of the Northeast Quarter of said Section Twenty-seven; thence Westerly on the South line of the Southeast Quarter of the Northeast Quarter of said Section Twenty-seven, a distance of 198.82 feet to a point of intersection with the North- easterly right of way line of the Chicago and Northwestern Railroad Company's right of way; thence Northwesterly on the last described right of way line 1350.53 feet to a point of intersection with the North line of the Southeast Quarter of the Northeast Quarter of said Section Twenty-seven; thence Easterly on the North line of the Southeast Quarter of the Northeast Quarter of said Section Twenty-seven, a distance of 509.62 feet to the Northeast corner of the Southeast Quarter of the Northeast Quarter of said Section Twenty- seven; thence Easterly on the North line of the Southwest Quarter of the Northwest Quarter of said Section Twenty -Six, a distance of 1318.97 feet to the Northeast corner of the Southwest Quarter of the Northwest Quarter of said Section Twenty -Six; thence Easterly on the South line of the Northeast Quarter of the Northwest Quarter of said Section Twenty-six, a distance of 330.00 feet; thence Northerly perpendicularly to the South line of the Northeast Quarter of the Northwest Quarter of said Section Twenty-six, a distance of 122.00 feet to a point of intersection with a line 122.00 feet North of and parallel with the South line of the Northeast -2- Quarter of the Northwest Quarter of said Section Twenty-six; thence Easterly on the last described parallel line, 210.97 feet to a point of intersection with a line 742.00 feet West of and parallel with the Westerly right of way of State Route 31 as shown on the Highway Dedication recorded as Document No. 79413; thence Southerly on the last described parallel line 17.00 feet to a point of intersection with a line 105.00 feet North of and parallel with the South line of the Northeast Quarter of the Northwest Quarter of said Section Twenty-six; thence Easterly on the last described parallel line, 577.10 feet to a point of intersection with a line 165.00 feet West of and parallel with the Westerly right of way line of State Route 31 as shown on the Highway Dedication recorded as Document No. 79413; thence Southerly, on the last described parallel line, 913.49 feet to a point of intersection with a line 512.68 feet North of and parallel with the South line of the Northwest Quarter of said Section Twenty-six; thence westerly on the last described parallel line 1160.27 feet; thence Southerly on a line parallel with the East line of the Northwest Quarter of said Section Twenty-six, a distance of 512.78 feet to a point of intersection with the South line of the Northwest Quarter of said Section Twenty-six; thence Westerly on the South line of the Northwest Quarter of said Section Twenty-six, a distance of 1291.40 feet to the point of beginning, except therefrom the following described property: That part of the Southeast Quarter of the Northeast Quarter of Section Twenty-seven, Township Forty-five North, Range Eight East of the Third Principal Meridian bounded and described as follows: Commencing at the Southeast corner of the Northeast Quarter of said Section Twenty-seven; thence Westerly on the South line of the Northeast Quarter of said Section Twenty-seven, a distance of 198.82 feet to a point of intersection with the Northeasterly right of way line of Chicago and Northwestern Railroad Company's existing right of way; Thence Northwesterly on the last described right of way line, 220.61 feet to a point of intersection with a line 216.00 feet North of and parallel with the South line of the Northeast Quarter of said Section Twenty-seven, for a place of beginning; thence continuing Northwesterly on the Northeasterly right of way line of said Chicago and Northwestern Right of Way, 1129.92 feet to a point of intersection with the North line of the Southeast Quarter of the Northeast Quarter of said Section Twenty- seven; thence Easterly on the North line of the Southeast Quarter of the Northeast Quarter of said Section Twenty- seven, a distance of 61.26 feet to a point of intersection with a line 60.00 feet perpendicularly distant Northeasterly of and parallel with the Northeasterly right of way line of said Chicago and Northwestern Railroad Company's right of way; thence Southeasterly on to last described parallel line, 446.00 feet; thence Southeasterly on a line forming an angle of 156°-25'-19" to the right of the last described line, a distance of 100.00 feet; thence Southeasterly on a line forming an angle of 166°-58'-35" to the right of the last described line, a distance of 373.33 feet to the East line of the Southeast Quarter of the Northeast Quarter of said Section Twenty-seven; thence Southwesterly on a line forming an angle of 920-16'-36" to the left of the last described line a distance of 166.26 feet; thence Southwesterly on a line forming an angle of 1460-50'-18" to the left of the last described line, 150.00 feet to a point of intersection -3- with a line 40.00 feet perpendicularly distant Northeasterly of and parallel with the Northeasterly line of Chicago and Northwestern Railroad Company's right of way; thence Southeasterly on the last described parallel line, 170.00 feet to a point of intersection with a line 216.00 feet perpendicularly distant North of and parallel with the South line of the Northeast Quarter of said Section Twenty-seven; thence Westerly on the last described parallel line 44.86 feet to the point of beginning, all in McHenry County, Illinois. ALSO AREA 5 That part of the Southeast Quarter of the Northeast Quarter of Section Twenty-seven, Township Forty-five North, Range Eight East of the Third Principal Meridian bounded and described as follows: Commencing at the Southeast corner of the Northeast Quarter of said Section Twenty-seven; thence Westerly on the South line of the Northeast Quarter of said Section Twenty-seven, a distance of 198.82 feet to a point of intersection with the Northeasterly right of way line of Chicago and Northwestern Railroad Company's existing right of way; thence Northwesterly on the last described right of way line, 220.61 feet to a point of intersection with a line 216.00 feet North of and parallel with the South line of the Northeast Quarter of said Section Twenty-seven for a place of beginning; thence continuing Northwesterly on the North- easterly right of way line of said Chicago and Northwestern right of way, 1129.92 feet to a point of intersection with the North line of the Southeast Quarter of the Northeast Quarter of said Section Twenty-seven; thence Easterly on the North line of the Southeast Quarter of the Northeast Quarter of said Section Twenty-seven, a distance of 61.26 feet to a point of intersection with a line 60.00 feet perpendicularly distant Northeasterly of and parallel with the Northeasterly right of way line of said Chicago and Northwestern Railroad Company's right of way; thence Southeasterly on the last described parallel line, 446.00 feet; thence Southeasterly on a line forming an angle of 1560-25'-19" to the right of the last described line, a distance of 100.00 feet; thence Southeasterly on a line forming an angle of 166°-58'-35" to the right of the last described line, a distance of 373.33 feet to the East line of the Southeast Quarter of the Northeast Quarter of said Section Twenty-seven; thence Southwesterly on a line forming an angle of 920-16'-36" to the left of the last described line, a distance of 166.26 feet; thence Southwesterly on a line forming an angle of 146°-50'-18" to the left of the last described line, 150.00 feet to a point of intersection with a line 40.00 feet perpendicularly distant Northeasterly of and parallel with the Northeasterly line of Chicago and Northwestern Railroad Company's right of way; thence Southeasterly on the last described parallel line, 170.00 feet to a point of intersection with a line 216.00 feet perpendicularly distant North of and parallel with the South line of the Northeast Quarter of said Section Twenty-seven; thence Westerly on the last described parallel line 44.86 feet to the point of beginning, all in McHenry County, Illinois. ALSO -4- AREA 6 The Southeast Quarter of the Northeast Quarter of Section 27, Township 45 North, Range 8 East of the Third Principal Meridian, in McHenry County, Illinois, (except that part described as follows: Commencing at the Southeast corner of the Southeast Quarter of the Northeast Quarter of Section 27, Township 45 North, Range 8 East of the Third Principal Meridian; thence North along the East line of said Quarter 1323.5 feet to the Northeast corner of the Southeast Quarter of the Northeast Quarter of said Section; thence West 611.72 feet to a point on the Westerly right of way line of the Chicago and Northwestern Railroad; thence Southeast 1350.3 feet to a point on the South line of the Southeast Quarter of the Northeast Quarter of said Section 27; thence East 300.92 feet to the place of beginning), in McHenry County, Illinois. -5- r EXHIBIT "B" PRE -ANNEXATION AGREEMENT THIS AGREEMENT made this first day of May, 1972 between the CITY OF McHENRY, a municipal corporation of the State of Illinois, (hereinafter referred to as "City"), and McHENRY STATE BANK AS TRUSTEE UNDER TRUST NUMBER 426; RALPH L. EDGAR, and INVESTMENT DEVELOPMENT, INC. (hereinafter referred to as "Owners"), W I T N E S S E T H: WHEREAS, the Owners are the title holders of record and the ,ontract purchasers of certain real estate located in the unin- corporated portion of McHenry County, Illinois, which is more fully described on the schedule attached; and WHEREAS, the property consists of one contiguous tract of approximately 134.8 acres in area, not within the corporate bound- aries of any municipality but contiguous to and immediately ad- jacent to the corporate boundaries of the City; all such property is shown on a certain annexation plat, as amended, which is attached to the Petition for Annexation hereinafter referred to; and WHEREAS, it is the desire of the Owners that the property be annexed to the City and zoned for commercial, multiple residential and industrial purposes, as are variously permitted under the B-3 Commercial District, R-4 Multiple Residential District, and I - Industrial Park District classifications of the City of McHenry zoning Ordinance; 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; and WHEREAS, the parties hereto wish to enter into this Pre - Annexation Agreement pursuant to the provisions of the Municipal Code of 1961 as amended (Chapter 24, Division 11-15.1-1 through 11-15.1-5, Illinois Revised Statutes); and WHEREAS, pursuant to the provisions of said statute, the corporate authorities of the City have had the required public hearings upon this Pre -Annexation Agreement, and have given notice thereof and have observed all statutory requirements in connection 4-herewith; and WHEREAS, the corporate authorities of the City have considered the annexation and proposed zoning classification of the property at such public hearing, held pursuant to petition therefor, and have determined that the best interests of the City require that the property be annexed to the City and classified for uses per- mitted variously under the B-3 Commercial District, R-4 Multiple Residential District and I -Industrial Park District classifications. NOW, THEREFORE, for and in consideration of the mutual prom- ises and agreements herein contained, the parties hereto agree as flows: 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 agrees to enact simultaneously with the execution of this Agreement, an Ordinance annexing the property as described herein and in the Petition for Annexation filed by the Owners; and also agrees to enact simultaneously with the execution of this Agreement, an Ordinance classifying the property as described I -2- i rein for uses permitted in the B-3 Commercial District, R-4 Mult- iple Residential District and I -Industrial Park District classifi- cations of the City of McHenry Zoning Ordinance, as delineated on the Pre -Annexation Site Plan of McHenry Development, as amended, hereto attached, upon the following express conditions: a) The B-3 Commercial District shall be the area of 18.1 acres designated on the.$ite Plan as Area 1, located Northerly of McCullom Lake Road; among the uses to be permitted thereupon shall Vie one, but not more than one, automobile service station. b) The I -Industrial Park District shall be the area of 25.83 acres designated on the Site Plan as Area 5, located Westerly of the Chicago and North Western Railway. c) The R-4 Multiple Residential District shall be the area designated on the Site Plan as Area 2 (for Apartment Buildings upon 31.8 acres with 594 total units,) and Area 3 (for Multiple Residence Townhouses upon 38.5 acres with 275 total units), and Area 4 (Multiple Residence Villas upon 20.5 acres with 100 total units), located easterly of the Chicago and North Western Railway d southerly of the McCullom Lake Road. d) Ralph Edgar and/or Investment Development, Inc. shall pay to the City, within 30 days of the date on which the City expends funds therefor, a sum equal to 50% of the City's share of cost of construction of the railroad crossing- connecting the -- Industrial District and the Multiple Family District. e) On the final subdivision plat or plats, Ralph Edgar and/or Investment Development, Inc. shall dedicate to the City acreage -3- otaling 8.66 acres for public use purposes (such as parks or school grounds), in location and manner substantially as appears upon the Site Plan. Xf) Ralph Edgar and/or Investment Development, Inc. shall dedicate, on the final subdivision plat or plats, and construct thereon a public street in Area 3 from the cul-de-sac southward .f through the 3.66-acre public space area to the north side of the drainage ditch or creek, upon a course specified by the City; id that they, or either of them, shall pay to the City, within j0 days of the date on which the City expends funds therefor, a sum equal to 50% of the City's cost of construction of a bridge or roadway crossing said drainage ditch or creek; provided that the City initiates and implements a plan for the extension of such public street through to Maple Street prior to January 1, 1976. g) Ralph Edgar and/or Investment Development, Inc. shall submit to School Districts 15 and 156 an offer to contribute to the Districts a cash contribution if the real estate tax income .o, the Districts from the industrial and commercial and residen- tial areas does not equal $500 per pupil from the residential areas actually enrolled in the Districts. The period shall com- mence on the date of acquisition of the subject property by the developer, and shall end periodically, for each residential building constructed, one year after the date of issuance of the certificate of occupancy of such residential building. The developer shall be credited for every tax dollar received by the Districts after the -4- . ate of commencement; and shall be charged at the rate of $500 per pupil actually first enrolled in the Districts. An annual accounting date, related to the commencement of the school year, such as September 30th, shall be specified; and any payment shall be made within ten days of the accounting date. 3. The parties hereto agree that all other ordinances ex- isting as of the date of the execution of this Agreement which may relate to or affect the development and construction of im- rovements and all other development of any kind or character on the property, shall remain in effect and be binding on the parties hereto with respect to the property for a period of five years from the date of the execution of this Agreement. 4. The City agrees to enact such ordinances and such reso- lutions as are or may be necessary to affect the terms of this Agreement. 5. This Agreement may be amended from time to time with the consent of both parties, pursuant to statute in such case made nd provided, and each amendment shall in itself be effective for . period of five years from the date of said amendment. 6. This Agreement shall be enforceable in any court of competent jurisdiction by either of the parties or by any appro- priate action at law or in equity to secure the performance of the covenants and agreements herein contained. 7. If any provision of this Agreement is held to be invalid by any court of competent jurisdiction, such provision shall be deemed to be excised therefrom and the invalidity therefrom shall not affect any of the other provisions contained therein. -5- 8. The City of McHenry, Illinois has executed this Agree- ment pursuant to proper resolution made, seconded and legally passed on the 25th day of April, 1972, which resolution author - iced and directed the Mayor and City Clerk to so do. 9. This Agreement is executed by McHenry State Bank, not personally but as Trustee as aforesaid in the exercise of the power and authority conferred upon and vested in it as such Trustee, and said Bank hereby warrants that it possesses full wer and authority to execute this instrument, and it is ex- pressly understood and agreed that nothing herein contained shall be construed as creating any liability on the said Trustee or on said Bank personally, and every person now or hereafter claiming any right hereunder shall look solely to the premises herein described for the enforcement of any covenants herein. IN WITNESS WHEREOF, the parties have caused these presents to be duly executed the day and year first written above. McHENRY STATE B K AS TRUSTEE `DER TRU N ER , Ralph L. Ed ar Its Vi si ent INVESTMENT DEVELOPMENT, INC. ATTEST • - .. �- `'�-'� ""� BY: Its T ust Officer Its re d ATE SEAL) • ATTESTS _ (CORPORATE SEAL) Itdr Secretary CITY OF McI•IENRY .. -6- EXHIBIT "C" FIRST AMENDMENT TO PRE -ANNEXATION COP r AGREEMENT DATED MAY 1, 1972 THIS AGREEMENT made this 4th day of May, 1972 between the CITY OF McHENRY, a municipal corporation of the State of Illinois, (hereinafter referred to as "City"), and McHENRY STATE BANK AS TRUSTEE UNDER TRUST NUMBER 426; RALPH L. EDGAR, and INVESTMENT DEVELOPMENI INC. (hereinafter referred to as "Owners"), WITNESSETH: • WHEREAS, the parties heretofore entered into a Pre -Annexation Agreement dated May 1, 1972; and WHEREAS, one provision was by inadvertence omitted therefrom, and the parties wishing such to be added by this amendment, -NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein, and in said Pre -Annexation Agreement contained, the parties hereto agree he follows: 1. RALPH EDGAR and INVESTMENT DEVELOPMENT, INC. hereby agree to attempt to acquire by purchase a vacant lot owned by RALPH FREUND which fronts on Maple Street in the City, and is adjacent to the 3. 66-acre public space shown on the Pre -Annexation Site Plan* of McHenry Development, and to dedicate same to the City to be used for public roadway purposes, all at their cost. 2. If such lot cannot be so acquired by purchase, the City agrees to proceed to acquire said lot by whatever method it deems best. Upon the acquisition of the RALPH FREUND lot, RALPH EDGAR and/or INVESTMENT DEVELOPMENT, INC:' agree to pay to the City such sums of money as shall ,e required to be paid by the City to the lot owner for acquisition of title, &ad er+n such payment to the City shall be made within 30 days of the date on which the City expends money therefor. IN WITNESS WHEREOF, the parties have caused these presents to be duly executed the day and year first written above. McHENRY STATE BANK AS TRUSTEE UNDER RUST-f- NUMBS 42J - - Ralpb L. Edgar BY: l ci.,. Its Vice�p asideilt S INVESTMENT DEVELOPMENT. INC., • ATTEST: C Its Trust Officer BY: ' 'C• �j�... 'ORATE SEAL) Its• Pre CITY OF M HENRY, ATTEST: .00- i City Jerk ORATE SEAL) ATTEST: s Secretary CORPORATE SEAL)