Loading...
HomeMy WebLinkAboutOrdinances - O-88-481 - 10/12/1988 - AUTHORIZE FIRST AMENTMT ANNEX AGMT KAUFMAN SUBAN ORDINANCE AUTHORIZING THE EY,c�,: T ICi,' 0.1 THE r=IRST AMENDMENT TO AN ANNEXATION AGREEMENT AS TO LOTS 1, 2, AND 3, IN A. M. KAUFMAN SUBDIVISION r ,; rail iaCE4c';'; r WHEREAS, it is in the best interest of the City of McHenry, McHenry County, Illinois, that an Amendment to a certain Annexation AGreement per- taining to property in the City be entered into; and WHEREAS, Lot 1 is owned by McHenry State Bank, as Trustee under Trust No. 3622; Lot 2 is owned by McHenry State Bank, as Trustee under Trust No. 3263; and Lot 3 is owned by McHenry State Bank, as Trustee under Trust No. 2649; and WHEREAS, the hereinabove owners shall be collectively referred to as "Owner"; and WHEREAS, an Annexation Agreement was entered into affecting said property on October 16, 1978; and WHEREAS, the Owner of Lots 1, 2 and 3 in A. M. Kaufman Subdivision desires to extend said Annexation Agreement as to said three lots for an additional ten years; and WHEREAS, the statutory procedures provided for in Illinois Revised Statutes, Chapter 24, Section 11-15.1 of the Illinois Municipal Code, as amended, have been fully complied with. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, McHenry County, Illinois, as follows: 1. That the Mayor be and he is hereby authorized and directed to sign, and the City Clerk is directed to attest, the document known as Amend- ment to Annexation Agreement dated A'opc--1y&-e ,�,q , 1988 as to the property described on Exhibit "A" attached hereto. PREPARED BY; Samuel J. Diamond 3431 W, Elm Street N EC-o�-bE p McHenry, IL, 60050 Doc # 98R-Cy1070 2. That this Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. PASSED this 12 day of October , 1988 Voting Aye:Bolger, Lieder, McClatchey, Nolan, Patterson, Serritella, Smith, Teta Voying Nay: None Absent None Abstained None Not Voting: None APPROVED this 12 day of October , 1988 CITY OF McHENRY, ILLINOIS By: ATTEST: Barbara i pin, ,ty er -2- EXHIBIT "A" Lots 1, 2 and 3 in A. M. Kaufman Subdivision, being a Subdivision of part of the West Half of the Northeast Quarter of Section 28, Township 45 North, Range 8, East of the Third Principal Meridian, according to the Plat thereof recorded on April 27, 1979 as Document No. 766157, in McHenry County, Illinois. FIRST AMENDMENT TO ANNEXATION AGREEMENT IT IS HEREBY MUTUALLY AGREED this � $t►+ day of November, 1988, by and between the CITY OF MCHENRY, a municipal corporation of the State of Illinois, (hereinafter referred to as the "City"), and MCHENRY STATE BANK, as Trustee under Trust Nos. 3622, 3263 and 2649, (hereinafter collectively referred to as "Owner"). WITNESSETH: A. WHEREAS, the MCHENRY STATE BANK, as Trustee under Trust Nos. 3622, 3263 and 2649 is the Owner of "the property" which is more fully described on Exhibit "A", attached hereto and by this reference made a part hereof; and B. WHEREAS, said property consists of three lots which were included in a certain Annexation Agreement entered into by the City and the Owner of record of the subject property on the 16th day of October, 1978; and C. WHEREAS, the City and Owner determine it to their mutual advan- tage to extend the Annexation Agreement an additional ten (10) years as to the property described in Exhibit "A". NOW, THEREFORE, in consideration of the foregoing premises and in further consideration of the mutual covenants, agreements and conditions herein contained, the parties hereto agree as follows: 1. AUTHORITY: This Agreement is made pursuant to and in accor- dance with the provisions of Sections 11-15.1-1, et. seq. of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes, as amended). 2. AMENDMENT: The terms and conditions of the Annexation Agreement affecting the subject premises shall be amended as follows: a. Effective immediately, the use of Lots 1, 2 and 3 in A. M. Kaufman Subdivision shall no longer be governed or regu- lated by the provisions of the 9-1 Commercial -Retail District" classification of the City Zoning Ordinance in effect on October 16, 1978, but shall, instead, be governed and regulated by the "C-2 Neighborhood Commercial District" classification and all other provisions contained in the City of McHenry Zoning Ordinance adopted December 22, 1986, and as thereafter amended, provided however that said lots are also granted the additional permitted use for "offices, professional offices and medical clinics." b. The Owner of Lots 1, 2,3 & 4 shall, as to such lots only, cure all defaults, if any, regarding said Annexation / Agreement, and shall g g perform its obligations under the �� J remaining provisions thereof on or before May 1, 1989. C. The Owner further agrees that Lots 1 through 4 shall be served by two curb cuts entering Illinois State Route 120, and before any building permit issues for any of the sub- ject lots, a landscape plan shall be submitted and approved by the City Council. The landscape plan shall include a green area of not less than twenty (20') feet between Illinois State Route 120 and any paved parking areas for buildings. The approval of the landscape plan by the City Council shall not be unreasonably withheld. -2- d. The term of the Annexation Agreement as amended herein shall be extended ten (10) years to October 16, 1998. CITY OF MCHENRY ILLINOIS By: Ma r Willia Busse ATTEST: Barbara E. Gilpin, Cle MCHENRY STATE BANK, as Trustee under STATE BANK OF WOODSTOCK, as Trust No. 3622 Trustee under Trust No. 4081 By: By; PHILIP S. KING Vice President & S=. gust Officer MCHENRY STATE BANK, as Trustee under Trust No. 3263-, 1 PHILIP S. KING Vice President & Sr. Trust Officer MCHENRY STATE BANK, as Trustee under Trust No. 2649 By: ' J PHILIP S. KING Vice President & Sr. Trust Officer -3- EXHIBIT "A" McHenry State Bank, Trustee under Trust No. 3622: Lot 1 in A. M. Kaufman Subdivision, being a Subdivision of part of the West Half of the Northeast Quarter of Section 28, Township 45 North, Range 8, East of the Third Principal Meridian, according to the Plat thereof recorded on April 27, 1979 as Document No. 766157, in McHenry County, Illinois. McHenry State Bank, Trustee under Trust No. 32.63: Lot 2 in A. M. Kaufman Subdivision, being a Subdivision of part of the West Half of the Northeast Quarter of Section 28, Township 45 North, Range 8, East of the Third Principal Meridian, according to the Plat thereof recorded on April 27, 1979 as Document No. 766157, in McHenry County, Illinois. McHenry State Bank, Trustee under Trust No. 2649: Lot 3 in A. M. Kaufman Subdivision, being a Subdivision of part of the West Half of the Northeast Quarter of Section 28, Township 45 North, Range 8, East of the Third Principal Meridian, according to the Plat thereof recorded on April 27, 1979 as Document No. 7G6157, in McHenry County, Illinois.