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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, -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. 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. -3- 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 -4- 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 -2- 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 -3- 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 -4- 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 -5- 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 -7-