HomeMy WebLinkAboutOrdinances - O-86-410 - 12/03/1986 - EXTEND MCH SAND AND GRAVEL ANNEX AGMTRECEIVED
ORDINANCE NO. 0-86-410 NOV 10 19PG
AN ORDINANCE PROVIDING FOR THE EXTENSION OF A CERTA "diENRY
ANNEXATION AGREEMENT BETWEEN THE CITY OF McHENRY
AND McHENRY SAND & 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,
McHENRY STATE BANK, AS TRUSTEE UNDER THE
PROVISIONS OF A TRUST AGREEMENT DATED FEBRUARY
5, 1972, AND KNOWN AS TRUST NO. 456, AND
McHENRY STATE BANK, AS TRUSTEE UNDER TRUST
AGREEMENT DATED AUGUST 1, 1980, AND KNOWN AS
TRUST NO. 2017
WHEREAS, the McHENRY SAND & 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, McHENRY STATE BANK, as Trustee under the provisions
of a Trust Agreement dated February 5, 1972, and known as
Trust No. 456 and McHENRY STATE BANK, as Trustee under Trust
Agreement dated August 1, 1980, and known as Trust No. 2017,
are the owners of record of the following described real
estate:
All those parts of Sections 28 and 29 in Township 45
North, Range 8 East of the Third Principal Meridian
bounded by a line described as follows, to wit:
Commencing 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; 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 Northeast 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 of Section 28, to the place
of beginning all in McHenry County, Illinois.
WHEREAS, the owners of record of the above -described
premises and the City of McHenry previously entered into an
Annexation Agreement dated December 20, 1976; and
WHEREAS, the duration of said Annexation Agreement was a
period of ten (10) years commencing on December 20, 1976; and
WHEREAS, Chapter 24, Section 11-15.1-1 of the Illinois
Revised Statutes, as amended September 5, 1984, provides that
Annexation Agreements entered into by the owners of record of
the land to be annexed and the corporate authorities of a
municipality shall be valid and binding for a period not to
exceed twenty (20) years from the date of execution thereof.
NOW, THEREFORE, be it ordained by the City Council of the
City of McHenry, McHenry County, Illinois, as follows:
Section 1. That an extension of the Annexation Agreement
bearing date the 20th day of December, 1976, by and between
the City of McHenry, McHenry County, Illinois, and McHENRY
SAND & 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,
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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. 45.6•be and the same
is hereby approved for a period of two (2) years commencing
on December 20, 1986, and that the Mayor and City Clerk be
and they are hereby authorized and directed to sign and
attest the Amendment to Annexation Agreement which is
attached hereto as Exhibit "l".
Section 2. That, in the event the extension of the
Annexation Agreement or the terms thereof are challenged in
any Court, the period of time during which such litigation is
pending shall not be included in the calculation of said two
(2) year term.
Section 3. This Ordinance shall be known as Ordinance
No.0-86-410and shall be in full force and effect for a two (2)
year period commencing on December 20, 1986.
Passed by a two-thirds (2/3) majority of the corporate
authorities of the City of McHenry, McHenry County, Illinois,
and approved by me on this 3rd day of December ,
1986.
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ATTEST:
City Clerk
PASSED: December 3, 1986
APPROVED: December 3, 1986
NUMBER VOTING AYE: 9
NUMBER VOTING NAY: 0
NUMBER ABSENT: 0
NUMBER ABSTAINING: 0
5496R
CITY OF cH NRY,�
BY:
. Its Mayor
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9
AMENDMENT TO ANNEXATION AGREEMENT
THIS AMENDMENT, dated the day of December, 1986, to
that certain Annexation Agreement made and entered into on
the 20th day of December, 1976, by and between the CITY OF
McHENRY, a Municipal corporation, (hereinafter referred to as
"CITY"), McHENRY SAND AND GRAVEL COMPANY, INC., a Delaware
corporation, (hereinafter referred to as "McHENRY SAND AND
GRAVEL COMPANY"), 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"),
McHENRY STATE BANK, as Trustee under the provisions of a
Trust Agreement dated February 2, 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 February 5, 1972 and known as Trust No. 456,
(hereinafter referred to as "TRUST 456"); •
WITNESSETH:
WHEREAS, McHENRY SAND AND GRAVEL COMPANY, TRUST 125,
TRUST 396, TRUST 456, and McHENRY STATE BANK, as Trustee
under the provisions of a Trust Agreement dated August 1,
1980 and known as Trust No. 2017, are record owners of
portions of the premises described in said Annexation
Agreement and collectively are the owners of -said parcel in
its entirety; and
WHEREAS, McHENRY SAND AND GRAVEL COMPANY, TRUST 125,
TRUST 396, TRUST 456, and McHENRY STATE BANK, as Trustee
under the provisions of a Trust Agreement dated August 1,
1980 and known as Trust No. 2017 desire to have certain terms
of said Annexation Agreement modified.
NOW, THEREFORE, paragraph 8 of said Annexation Agreement
is hereby amended to read as follows: "This Agreement shall
be binding upon the parties hereto, their respective
successors, grantees, or assigns for a full term of twelve
(12) years, commencing on December 20, 1976, 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 challenged in any court,
the period of time during which such litigation is pending
shall not be included in the calculation of said twelve (12)
year term."
IN WITNESS WHEREOF, the City, by and through its duly
authorized representative, and McHENRY SAND AND GRAVEL
COMPANY, TRUST 125, TRUST 396, TRUST 456, and McHENRY STATE
BANK, as Trustee under the provisions of a Trust Agreement
dated August 1, 1980 and known as Trust No. 2017, have
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hereunto set their hands and seals and have caused this
instrument to be executed by their duly authorized
representatives and the corporate seal attached thereto, all
on the day and year first written above.
ATTEST:
City Cler
( SEAL)
AT -EST:
Its
(SEAL)
ATTEST:
-t�o-..�2.c. �� ��1 �►te� .ate
(SEAL)
McHENRY SAND AND GRAVEL
COMPANY, INC.
By
rs C
McHENRY STATE BANK, as
Trustee under the provisions
of a Trust Agreement dated
July 1, 1963 and known as
Trust o. 12`j5
By
x �
Its Trust Officer
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ATTEST:
(SEAL)
ATTEST:
a-.-�-d..a �1. �c 1 �v►.e. a �.l
(SEAL)
ATTEST:
_i�.— �► �5� fJ J
(SEAL)
McHENRY STATE BANK, as
Trustee under the provisions
of a Trust Agreement dated
February 2, 1971 and known
as Tru No. 396
By �� !
Its Trust Orricer
McHENRY STATE BANK, as
Trustee under the provisions
of a Trust Agreement dated
February 5, 1972 and known
as Trus No. 456
4
7
By
Its Trust Officer
McHENRY STATE BANK, as
Trustee under the provisions
of a Trust Agreement dated
August 1, 1980 and known as
Trust No. 2017
J
By &'e'f
Its Trust Of icer
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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 kygg,,Jc -7. IgllAk.-
and A&-o /Z, fir /ftK_ personally known to me to be the V«�7
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 such President and
Secretary of said corporation, 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. -n
aota�r, ud ac
My Commission Expires
11Yy � �iiY
STATE OF ILLINOIS ) b!�1rtslRANA
) S S . ---
COUNTY OF McHENRY )
I, the undersigned, a Notary Public in and for the County
and State aforesaid, DO HEREBY CERTIFY that the above
named Gerald Helt and Donald H. Meyer , respectively
Asst. Trust Officer and Vice President of 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 Asst. Trust Officer and Vice President
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, and as the free and voluntary act and deed of said
corporation, for the uses and purposes therein set forth, and
that said Vice Pres. then and there acknowledged that as
custodian of the corporate seal of said corporation, said
Vice Pres. has caused the corporate seal of said corporation
to be affixed to said instrument, as said Vice Pres. 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:
MINIM
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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 the above named
Gerald Helt and Donald H. Meyer
respectively Asst. Trust Officer and Vice President of 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 Asst. Trust Officer and'Vice
President 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, and as
the free and voluntary act and deed of said corporation, for
the uses and purposes therein set forth and that said
Vice Pres. then and there acknowledged that said dice Pres.--, as
custodian of the corporate seal of said corporation, caused
the corporate seal of said corporation to be affixed to said
instrument as said Vice Pres. 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
STATE OF ILLINOIS
SS.
COUNTY OF McHENRY
r-11011w:
I, the undersigned a Notary Public in and for the County
and State aforesaid, DO HEREBY CERTIFY that the above named
Gerald Helt and Donald H. Meyer
respectively Asst. Trust Officer and Vice Presidentof the 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 Asst. Trust Officer & Vice
President 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 and as
the free and voluntary act and deed of said corporation, for
the uses and purposes therein set forth and that said
Vice Pres., then and there acknowledged that said Vice,Pres- , as
custodian of the corporate seal of said corporation, caused
the corporate seal of said corporation to be affixed to said
instrument as saic Vice Pres, . 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 :
STATE OF ILLINOIS
SS.
COUNTY OF MCH.ENRY
I, the undersigned, a Notary Public in and for the County
and State aforesaid, DO HEREBY CERTIFY that the above
named Gerald Helt and Donald H. Meyer ,
respectively Asst. Trust Officer & Vice President - of the
McHENRY STATE BANK, Trustee aforesaid under Trust No. 2017,
personally known to me to be the same persons whose names are
subscribed to the foregoing instrument as such Asst. Trust Officer
-and-Vice President respectively, appeared before me this
d'ay in person and severally acknowledged that they signed and
delivered said instrument as their own free and voluntary
act, and as the free and voluntary act and deed of said
corporation, for the uses and purposes therein set forth and
that said Vice: Pres.:' then and there acknowledged that said
Vice Pres. as custodian of the corporate seal of said
corporation, caused the corporate seal of said corporation to
be affixed to said instrument as said Vice Pres. own free
and voluntary act and as the free and voluntary act of the
corporation for the uses and purposes therein set forth.
My Commission Expires:
0287T
Notary Public
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