HomeMy WebLinkAboutOrdinances - O-88-483 - 11/02/1988 - AMEND ANNEX AGMT MARTIN WOODS (ANDERSN AND HARDINGORDINANCE NO. 0-88- 483
AN ORDINANCE EXTENDING AND MODIFIYING
THE ANNEXATION AGREEMENT ADOPTED THE
2ND DAY OF OCTOBER, 1978, BY AND BETWEEN
THE CITY OF McHENRY, McHENRY COUNTY, AND
McHENRY STATE BANK, AS TRUSTEE UNDER
TRUST AGREEMENT DATED MARCH 14, 1978, AND
KNOWN AS TRUST NO. 1458, AND GERTRUDE M. ANDERSON,
AND HARDING REAL ESTATE COMPANY, WHICH AGREEMENT
WAS AUTHORIZED BY ORDINANCE NO. 0-78-168 OF
THE CITY OF McHENRY ADOPTED ON OCTOBER 2, 1978
WHEREAS, CAPITOL BANK & TRUST COMPANY, as Trustee under
Trust Agreement dated August 26, 1988, and known as Trust No.
1573, as Succussor in interest to McHENRY STATE BANK, as Trustee
under the provisions of a Trust Agreement dated the 14th day of
March, 1978, and known as Trust No. 1458, has petitioned the City
Council of the City of McHenry pursuant to Section 11-15.1-5 of
the Illinois Municipal Code to extend the effective date of the
Annexaton Agreement entered into by and between the City of
McHenry and McHENRY STATE BANK, as Trustee aforesaid and GERTRUDE
M. ANDERSON and HARDING REAL ESTATE COMPANY, INC., on October 2,
1978, pursuant to Ordinance No. 0-78-168, for an additional ten
year period; and
WHEREAS, the property covered by said extension of the
Annexation Agreement is described on Exhibit "A" attached hereto
and made a part hereof; and
WHEREAS, due notice of hearing on said Petition was duly
published on September 28, 1988, a date not less than fifteen nor
more than thirty days prior to the date of hearing; and
PREPARED BY:
Kenneth J. Glick
P.O. Box 400
Libertyville, IL, 60048
WHEREAS, the Corporate Authorities of the City of McHenry
have held the hearing as required by law and have found that the
extension of the Agreement will not be detrimental to the public
health, welfare or safety of the inhabitants of the City of
McHenry, but will serve the public interest 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 the
2nd day of October, 1978, by and between the CITY OF McHENRY, a
Municipal Corporation in the State of Illinois, and McHENRY STATE
BANK, as Trustee under the provisions of a Trust Agreement dated
the 14th day of March, 1978, and known as Trust No. 1458,
GERTRUDE M. ANDERSON and HARDING REAL ESTATE COMPANY, INC., an
Illinois Corporation, be and the same is hereby extended until
October 2, 1998, pursuant to Section 11-15.1-5 of the Illinois
Municipal Code. A complete and accurate copy of said Amendment
to the Annexation Agreement is attached to this Ordinance and
incorporated herein by reference as Exhibit "B.
SECTION 2: The Mayor and City Clerk of the City of McHenry
j}HD
are authorized to affix their signatures, The Mayor and the City
Clerk shall attest and affix the seal of said City to said
hpreement for the uses and purposes therein set forth.
Sk(ftlON 3: This Ordinance shall be Ordinance No. 0-88- 483
and shall be in full force and effect immediately after passage
and approval as required by the law.
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The foregoing Ordinance was passed by a two-thirds majority
vote of the Corporate Authorities of the City of McHenry and
approved by me this 2nd day of November , 1988
Ayes: Bolger, Lieder, McClatchey, Nolan, Patterson, Serritella, Smith, Teta
Nays: None
Absent and not voting: None
Attest.. �_�.� ,
city CI 77
PASSED: November 2, 1988
APPROVED: November 2, 1988
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Exhibit "A"
The East half of the Northeast quarter of Section 20, Township 45
North, Range 8 East of the Third Principal Meridian, (excepting
therefrom the West 1 acre thereof), Also, Part of the Northeast
quarter of the Southeast quarter of said Section 20, described as
follows: Beginning at the Northeast corner of the Northeast
quarter of the Southeast quarter and running thence West on the
North line thereof, 79 rods; thence South 2 rods; thence Easterly
to a point 20 rods West of the East line of said quarter, quarter
Section and 3 rods South of said quarter Section; thence South 8
rods; thence Easterly to a point 12 1/2 rods South of the
Northeast corner of said quarter, quarter Section; thence North
to the place of beginning, Also, the Northwest quarter of Section
21, Township 45 North, Range 8 East of the Third Principal
Meridian, (excepting therefrom the East half of the Northeast
quarter of the Northwest quarter of said Section 21), Also, the
Northwest quarter of the Southwest quarter of said Section 21,
(excepting therefrom Martin Woods, Unit 1, according to the Plat
thereof recorded May 2, 1979 as Document No. 766549, Also,
excepting therefrom that part thereof falling in property
described in Document No. 884928), in McHenry County, Illinois.
P.I.N. 09-20-200-003, 09-21-100-003 and 09-21-300-021
220 Acres on Ringwood and Martin Roads, McHenry, Illinois
FIRST AMENDMENT TO ANNEXATION AGREEMENT
This Agreement made and entered into this 2 No day of
November, 1988, by and between the CITY OF McHENRY, a Municipal
Corporation in the State of Illinois, (hereinafter referred to as
the "CITY"), by and through its Mayor and Members of the City
Council, (hereinafter referred to collectively as "CORPORATE
AUTHORITIES"), and CAPITOL BANK & TRUST, as Trustee under Trust
Agreement dated August 26, 1988, and known as Trust No. 1573,
(hereinafter referred to as "OWNER").
W I T N E S S E T H
WHEREAS, the OWNER is successor in interest to McHENRY STATE
BANK, as Trustee under the provisions of a Trust Agreement dated
the 14th day of March, 1978, and known as Trust No. 1458, of the
following described property, to wit:
The East half of the Northeast quarter of Section 20,
Township 45 North, Range 8 East of the Third Principal
Meridian, (excepting therefrom the West 1 acre
thereof), Also, Part of the Northeast quarter of the
Southeast quarter of said Section 20, described as
follows: Beginning at the Northeast corner of the
Northeast quarter of the Southeast quarter and running
thence West on the North line thereof, 79 rods; thence
South 2 rods; thence Easterly to a point 20 rods West
of the East line of said quarter, quarter Section and 3
rods South of said quarter Section; thence South 8
rods; thence Easterly to a point 12 1/2 rods South of
the Northeast corner of said quarter, quarter Section;
thence North to the place of beginning, Also, the
Northwest quarter of Section 21, Township 45 North,
Range 8 East of the Third Principal Meridian,
(excepting therefrom the East half of the Northeast
quarter of the Northwest quarter of said Section 21),
Also, the Northwest quarter of the Southwest quarter of
said Section 21, (excepting therefrom Martin Woods,
Unit 1, according to the Plat thereof recorded May 2,
1979 as Document No. 766549, Also, excepting therefrom
that part thereof falling in property described in
Document No. 884928), in McHenry County, Illinois.
WHEREAS, said property was the subject matter of an
Annexation Agreement entered into on the 2nd day of October,
1978, by and between the CITY and McHENRY STATE BANK, as Trustee
under the provisions of a Trust Agreement dated the 14th day of
March, 1978, and known as Trust No. 1458, and GERTRUDE M.
ANDERSON and HARDING REAL ESTATE COMPANY, INC., the CITY having
been authorized to enter into said agreement by Ordinance adopted
October 2, 1978, and known as Ordinance No. 0-78-168; and.
WHEREAS, the property now owned by the OWNER is part of the
property included in said Annexation Agreement; and
WHEREAS, the OWNER has petitioned to CORPORATE AUTHORITIES
for an extension of said Annexation Agreement, and the CORPORATE
AUTHORITIES after due and careful consideration have concluded
that the extension and modification of said Annexation Agreement
will best serve the interest of the CITY; and
WHEREAS, pursuant to the provisions of Section 11-15.1-1, a
public hearing was held before the City Council of the CITY OF
McHENRY pursuant to Notice as provided by the Statutes of the
State of Illinois; and
NOW, THEREFORE, for and in consideration of the mutual
covenants contained herein, it is agreed as follows:
1. Extension. The Annexation Agreement bearing the date
of the 2nd day of October, 1978, by and between the CITY OF
McHENRY, a Municipal Corporation in the State of Illinois and
McHENRY STATE BANK, as Trustee under the provisions of a Trust
Agreement dated the 14th day of March, 1978, and known as Trust
No. 1458, and GERTRUDE M. ANDERSON and HARDING REAL ESTATE
COMPANY, INC., an Illinois Corporation, be and the same is hereby
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extended as it applies to the property described herein until
October 2, 1998, pursuant to Section 11-15.11-5 of the Illinois
Municipal Code.
2. That Paragraph 12 of the said Annexation Agreement as
now existing is hereby deleted and the following substituted
therefore:
12. The City of McHenry acknowledges that its
present Subdivision Control Ordinance does not require
the construction of curbs, gutters or sidewalks when
said lots in any proposed subdivision are in excess of
one-half acre in area. The City further agrees that
the premises described in Exhibit "A" shall be exempted
from the provisions of any future Subdivision Control
Ordinance requirements relating to curbs, gutters and
sidewalks; provided, however, that the DEVELOPER
nevertheless agrees to install curbs and gutters at
such locations and in accordance with such
specifications as may be designated by the City
Engineer in connection with any final Plat of
Subdivision of said property or any part thereof where
in the City Engineer's discretion the installation of
such curbs and gutters becomes desirable for the
purpose of preventing soil erosion from surface water
runoff.
3. Except as modified or changed herein, the terms of the
Annexation Agreement is hereby ratified, confirmed and approved.
CITY OF McHENRY
CAPITOL BANK & TRUST COMPANY, not
individually, but as Trustee under
Trust Agreement dated 8/26/88 and
known as -Trust No. -3-573,5;1
By By:
Its WJKoL
Attes •
City Clerk
Approved as to form:
By:
City Attorney
Att
ASSISTANT TRUST OFFICER
ASSISTANT TRU
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STATE OF ILLINOIS
SS.
COUNTY OF McHENRY
I the undersigned, a Notary Public in and for said County,
in the State aforesaid, DO HEREBY CERTIFY that WILLIAM J. BUSSE
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 teh same persons whose names are subscribed to
the foregoing instrument, appeared before me this date in person
and severally acknowledged that they signed and delivered said
instrument as such Mayor and City Clerk of said Corporation, and
caused 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 volunatry act, and as the free
adn voluntary act and deed of said Corporation, for the uses and
purposes therein set forth.
Given under my hand and Notarial Seal this
dinya—lnb6 e- , 1988.
"OFFICIAL SEAL"
JOAN MARTH
Notary Public, State of Illinois
My Commission Expires 12/ 17; 90
No aPublic
Commission Expires: /oi - /%- 9D
a Pb day of
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STATE OF ILLINOIS )
SS.
COUNTY OF COOK )
I the undersigned, a Notary Public in and for said County,
in the State aforesaid DO HEREBY CERTIFY that ROBERT O. JONES
as ASST. YRUST Officer of CAPITOL BANK & TRUST
COMPANY, CHUL KIM as ASST. TRUST OFFICER of said Bank,
personally known to me to be the same persons whose names are
subscribed to the foregoing instrument as such Officer and
Secretary respectively, appeared before me this day in person and
acknowledged that they signed and delivered the said instrument
as their own free and voluntary act, and as the free and
voluntary_ act of said Bank for the uses and purposes therein set
forth; and the said Officer did also then and there acknowledge
that said ASST. TRUST OFFICER as custod ; an of the corporate seal
of said Bank did affix the said corp.:,:ate seal of said Bank to
said instrument as said ASST. TRUST OFFICER own free and
voluntary act, and as the free and voluntary act of said Bank,
for the uses and purposes therein set forth.
Given under my hand and Notarial Seal this 14th da of
November , 1988.
Commission Expires: May 2, 1992
i
lNotary Pu-bYic
EOFFICIALSEAL "RBARA A. JANKOWFSKIARY PUBLIC. STATE OF ILLINOISCOMtAISSION EXPIRES 5/2/92
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