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HomeMy WebLinkAboutOrdinances - O-90-560 - 08/23/1990 - AUTHORIZE ANNEX AGMT MEYER MATERIALRECEIVED I;UG 16 1990 ORDINANCE NO. 0-90-560 VTV Of, McNEItRy AN ORDINANCE PROVIDING FOR THE APPROVAL OF PROPOSED ANNEXATION AGREEMENT BETWEEN THE CITY OF McHENRY, COUNTY OF McHENRY, ILLINOIS, MEYER MATERIAL COMPANY, AN ILLINOIS GENERAL PARTNERSHIP, AND CHICAGO TITLE & TRUST COMPANY, AS TRUSTEE UNDER THE PROVISIONS OF A TRUST AGREEMENT DATED JULY 17, 1968, AND KNOWN AS TRUST NO. 53278 WHEREAS, CHICAGO TITLE & TRUST COMPANY, as Trustee under the provisions of a Trust Agreement dated July 17, 1968, and known as Trust No. 53278, is the record owner of a certain parcel of real estate situated in the Northeast Quarter of Section 30, Township 45 North, Range 8 East of the Third Principal Meridian, in McHenry County, Illinois; and WHEREAS, MEYER MATERIAL COMPANY, an Illinois general partnership, is the sole beneficiary under said land trust; and WHEREAS, said real estate is contiguous to the existing corporate limits of the City of McHenry, McHenry County, Illinois; and WHEREAS, notice of a public hearing was published in the Northwest Herald, a newspaper of general circulation in the City of McHenry, within the time provided by law, notifying the public of a hearing on said proposed Annexation Agreement to be held before the Corporate Authorities of the City of McHenry, McHenry County, Illinois, on the 23rd day of August, 1990, at 8:00 p.m.; and WHEREAS, the Corporate Authorities of the City of McHenry, Illinois, have held the hearing required by law and have found that the entry into said Annexation Agreement will not be 7C' 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 Annexation Agreement bearing date the 3rd day of October 1991, by and between the City of McHenry, McHenry County, Illinois, MEYER MATERIAL COMPANY, an Illinois General Partnership, and CHICAGO TITLE & TRUST COMPANY, as Trustee under the provisions of a Trust Agreement dated July 17, 1968, and known as Trust No. 53278, be and the same is hereby approved. A full, true, complete, and accurate copy of said Annexation Agreement is attached to this Ordinance and is incorporated herein by reference as Exhibit No. 1. Section 2. The Mayor and City Clerk of the City of McHenry, McHenry County, Illinois, are authorized and directed to affix their signatures as Mayor and City Clerk of the said City to said Annexation Agreement for the purposes and uses therein set forth. Section 3. This Ordinance shall be known as Ordinance No. 0-90-560 and shall be in full force and effect from and after its passage and approval as required by law. PASSED BY A TWO-THIRDS (2/3) MAJORITY OF THE CORPORATE AUTHORITIES OF THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS, THIS 23rd DAY OF August , 1990. -2- AYES: Bolger, Donahue, Lieder, Patterson, Serritella, Smith, Teta NAYES : McCI atche_y ABSTAINING: None ABSENT: None APPROVED THIS 23rd DAY OF August , 1990. ATTEST: AA - City Clerk [1M.41M CITY OF McHENRY, ILLI OIS By: M r QcIC ANNEXATION AGREEMENT ,I fYE CiT OF _ HENR THIS AGREEMENT, made and entered into this 5(� day of 1991, by and between the CITY OF McHENRY, a Municipal Corporation in the State of Illinois (hereinafter referred to as "CITY"), by and through its Mayor and members of the City Council (hereinafter referred to collectively as "CORPORATE AUTHORITIES"), MEYER MATERIAL COMPANY, an Illinois General Partnership, and CHICAGO TITLE & TRUST COMPANY, a corporation of Illinois, not individually, but as Trustee under the provisions of a Trust Agreement dated July 17, 1968, and known as Trust No. 53278, (hereinafter referred to as "OWNER"). W I T N E S S E T H• WHEREAS, CHICAGO TITLE & TRUST COMPANY, a corporation of Illinois, not individually, but as Trustee under the provisions of a Trust Agreement dated July 17, 1968, and known as Trust No. 53278, is the record owner of the following - described parcel: and; All that part of the West Half of the East Half of the Northeast Quarter of Section 30, Township 45 North, Range 8 East of the Third Principal Meridian, which lies Southerly of the right of way line of State Route 120, in McHenry County, Illinois. WHEREAS, MEYER MATERIAL COMPANY, an Illinois General Partnership, is the sole beneficiary under said land trust; and WHEREAS, said parcel is contiguous to the corporate limits of the City of McHenry, Illinois, and is not located within the boundaries of any other municipality; and WHEREAS, said parcel constitutes territory which may be annexed to the City of McHenry, Illinois; and WHEREAS, the OWNER desires to have said parcel annexed to the City of McHenry, Illinois, upon the terms and conditions hereinafter set forth; and WHEREAS, the CORPORATE AUTHORITIES, after due and careful consideration, have concluded that the annexation of said parcel to the CITY, under the terms and conditions set forth in this Agreement, will 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 inhabitants; and WHEREAS, pursuant to the provisions of Section 11-15.1-1, et seq. of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes), a proposed 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 statute; and WHEREAS, pursuant to notices as required by the statutes of the State of Illinois and the City of McHenry Zoning Ordinance, a public hearing was held before the City of McHenry Zoning Board of Appeals on the zoning classification of said parcel, the conditional use of said premises, and the term of said use, and the recommendation made by the Zoning Board of Appeals was submitted to the CORPORATE AUTHORITIES. FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED -2- FM HEREIN, IT IS AGREED AS FOLLOWS: 1. This Agreement is made pursuant to and in compliance with the provisions of Section 11-15.1-1, et seq. of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes) relating to Annexation Agreements; that all of the publication, notice, and other requirements of the Illinois Revised Statutes relating to the annexation of territory have been complied with. 2. This Agreement is entered into after public hearings before the CORPORATE AUTHORITIES, the Plan Commission of the City of McHenry, and the Zoning Board of Appeals of the City of McHenry in accordance with the provisions of the aforesaid statutes of the State of Illinois and the City of McHenry Zoning Ordinance. 3. That the purpose of this Agreement is to provide for annexation of the aforedescribed"premises to the City of McHenry, Illinois, upon the terms and conditions hereinafter described in this Agreement. 4. That the OWNER has filed with the City Clerk of the City of McHenry proper Petitions conditioned on the terms and provisions of this Agreement to annex the real estate heretofore described to the City of McHenry. 5. The CORPORATE AUTHORITIES, upon execution of this Agreement, and upon consideration of proper Petitions by the OWNER, will enact an Ordinance annexing the aforedescribed parcel which includes all adjacent streets or highways as -3- required by law. 6. That immediately upon annexation of the heretofore described real estate to the CITY, the CORPORATE AUTHORITIES shall adopt an Ordinance or Ordinances amending the City of McHenry Zoning Ordinance so as to zone the following described real estate "RS-111, Single -Family Residential District classification, together with an "A-M," Agricultural & Mining Overlay District -classification, and for the issuance of a Conditional Use therein pursuant to the Agricultural & Mining Overlay District classification for the extraction, site reclamation, and processing, including washing, screening, crushing, grinding, trucking, and storing of sand, gravel, and other earth materials: All that part of the West Half of the East Half of the Northeast Quarter of Section 30, Township 45 North, Range 8 East of the Third Principal Meridian, which lies Southerly of the right of way line of State Route 120, in McHenry County, Illinois. 7. In addition thereto, the CORPORATE AUTHORITIES shall grant a variance from the ten year limitation for conditional uses contained in Chapter XIII, Section A, paragraph 4 of the Zoning Ordinance of the City of McHenry, as amended December 22, 1986, so as to grant the aforesaid conditional use permit or permits for an initial term of ten (10) years, which initial term shall be automatically extended for an additional term which shall expire .on May 4, 2008, providing, however, that there have been no substantial or recurring violations of this agreement, of Federal or State mining, environmental, and -4- reclamation laws and regulations or of the City of McHenry Zoning Ordinance. The Owner shall request the Department of Mines and Minerals, Land Reclamation Division, of the State of Illinois and any and all other agencies that may be necessary or appropriate, to furnish directly to the City of McHenry the following Department or Agency materials and information relating to the OWNER'S operations on the aforesaid premises on a current and ongoing basis throughout the time that any operations are being conducted thereon pursuant to the Conditional Use Permit granted by the City of McHenry hereunder to the OWNER: Notice of statutory or.regulatory violations Notice of intent to revoke any bond Inspection reports Reports regarding reclamation Annual aerial photography of the premises Stop work orders Complaints or other pleadings involving Department or Illinois Environmental Protection Agency actions or proceedings against OWNER'S operations In addition to the above, OWNER shall furnish to the CITY, on completion of reclamation of each phase described on the Reclamation Plan attached hereto as Exhibit "A", a topographical survey depicting the newly reclamed phase on a scale of 1 inch for each 100 feet.The foregoing material and information may be considered by the CITY in determining -5- whether or not there has been any substantial or recurring violation of the conditions of the variance hereby granted during the initial ten-year term of the Conditional Use which would warrant a revocation by the CITY of the "automatic" subsequent term of said Conditional Use Permit or any other action pursuant to this Agreement or under any of the CITY Ordinances. Representatives of the CITY may enter upon the real estate where such conditional use operations are being conducted at all reasonable times for the purpose of inspection to determine whether or not the provisions of the Zoning Ordinance of the City of McHenry, of the aforesaid Reclamation Plan, and of this Agreement have been complied with. 8. The OWNER will initially transport the excavated materials to the processing equipment which is presently existing at the processing center designated as "Phase II" on Exhibit 4 of the Reclamation Plan attached to Annexation Agreement approved May 4, 1988, by Ordinance No. 0-88-452. However, it is agreed and understood that OWNER will install earth material processing equipment on the subject premises and will conduct all processing of earth materials at that location no later than the commencement of extraction operations in Phase IV of the OWNER'S Operation Plan depicted in Exhibit "A". All earth material processing and screening equipment will be located in enclosed buildings. Thenceforth no earth materials will be processed from the premises described as "Phase II" on Exhibit 4 of the former Reclamation Plan. 9. That this Annexation Agreement shall run concurrently with Annexation Agreement approved May 4, 1988, by Ordinance Nos. 0-88-452 and 0-88-453, and all of the terms and conditions contained in said agreement are incorporated herein by reference; and the subject premises are hereby integrated with the premises described in said agreement, all of which premises shall be subject to the Operation Plan attached hereto as Exhibit "A". 10. Commencing on May 1, 1991, and on each May 1 anniversary date thereafter, until the 40 acres annexed hereby are mined out and the mined materials are transported therefrom for sale, the Owner shall pay an annexation fee to the City in the sum of SEVENTY FIVE THOUSAND AND NO/100THS ($75,000.00) DOLLARS for such materials which are anticipated to be sold therefrom during the 12-month period succeeding April 1 of each year. On May 1, 1992, and on each May 1 thereafter, a written report by the Owner's accountant shall be filed with the City Clerk certifying the actual number of tons of such materials sold during the 12-month period preceding April 1 of that current year. If such report discloses that more than 2,000,000 tons of such materials were sold during such period, it shall be accompanied with the Owner's payment of a supplemental annexation fee at the rate of 3.75(,4 per ton. If, on the other hand, the report discloses that less than 2,000,000 tons of such materials were sold, the Owner shall -7- receive a credit in the sum of which shall be equivalent to 3.75(� per ton for each ton less than 2,000,000 tons that was sold during such period. When on any May 1 date the Owner notifies the City in writing that all of the mining operations on the said 40-acre premises will be completed within twelve months from said date, the payment of that May 1 annexation fee installment shall be deferred and shall be paid within 30 days after the cessation of such mining operations. The final annexation fee payment shall be calculated by adding the number of tons that were mined during such last partial period to the number of tons that were mined during previous periods but which remain stockpiled and unsold and by multiplying the total thereof times the aforesaid applicable annexation fee per ton. 11. Beginning May 1, 1991, the annexation fees applicable to the premises described in the Annexation Agreement approved by City Ordinance No. 0-88-452 shall be calculated and paid in accordance with the provisions of this paragraph. The last monthly annexation fee payment to the City pursuant to Ordinance No. 0-88-452 shall be for the month of March, 1991. Thereafter, the annexation fee for the 0-88-452 premises shall be paid in annual installments, which shall be prepaid on May 1 of each year whenever mining operations have been conducted thereon at any time during the preceding year, and shall be calculated by multiplying 2,000,000 tons times the following fees per ton: 2G per ton for the first ten million tons, or until OR]= March 31, 1993, whichever event occurs first; 2.5(� per ton for the second ten million tons, or until March 31, 1998, whichever event occurs first; 3G per ton for the third ten million tons, or until March 31, 2003, whichever event occurs first; 4G per ton for the fourth ten million tons, or until March 31, 2008, whichever event occurs first; 5G per ton for the fifth ten million tons, or until March 31, 2013, whichever event occurs first; 6G per ton for the sixth ten million tons, or until March 31, 2018, whichever event occurs first. (The tons of materials mined and sold from the 40 acres annexed pursuant to this Agreement shall be added to the tons of materials mined and sold from the 0-88-452 premises for the purpose of determining the per ton annexation fee applicable to the 0-88-452 premises). On May 1 following the payment of any annual installment, a written report of the actual tons of materials that were transported for sale from the premises during the 12-month period preceding April of such year, certified by the Owner's accountant, shall be filed with the City Clerk. If such report discloses that more than 2,000,000 tons of materials were transported and sold from the 0-88-452 premises during such period, it shall be accompanied by the Owner's payment to the City of a supplemental annexation fee for such period based on such additional tonnage to be computed at the applicable rate for the year just completed. If the report discloses that less than 2,000,000 tons of materials were transported and sold from the 0-88-452 premises during such period the Owner shall Um receive a credit against the next annual annexation fee installment payment based on the number of tons less than 2,000,000 tons that were sold during such period to be computed at the applicable rate for the year just completed. 12. The restoration and reclamation of the premises annexed pursuant to this Agreement and of the premises described in City Ordinance 0-88-452 shall be completed according to the Reclamation Plan which is attached hereto as Exhibit "A". After each phase is excavated and the Owner commences to excavate the next phase, the phase just completed will undergo a reclamation and restoration process to bring it to a condition suitable for crop farming within the 11 months after the commencement of excavation operations on the next phase and the reclamation and restoration will be completed according to said Reclamation Plan within a maximum period of three (3) years after the commencement of the excavation on the said next phase. 13. It is further agreed that OWNER shall cause the external boundaries of the premises annexed hereby to be fully bermed, with the exception of any boundary fronting on premises which are also subject to a conditional use permit for extracting, processing, and transporting of sand, gravel, and other excavated materials. IN WITNESS WHEREOF the CORPORATE AUTHORITIES and the OWNER have hereunto set their hands and seals and have caused this instrument to be executed by their duly authorized officials -10- and the corporate seal attached thereto, all on the day and year first written above. ATTEST: City Clerk (SEAL) -11- CITY OF BY• Its Mayor CHICAGO TITLE & TRUST COMPANY, a corporation of Illinois, not individually, but as Trustee under Trust Agreement dated July 17, 1968, and mown as Trust No_,,�3278 Its/I' A55-T - ATTES % 11he-,P, Ora Its 7 ec re, STATE OF ILLINOIS) COUNTY OF C O O K) i'Pi—lj ,;. I, the undersigned, a Notary Public i d or the County and State aforesaid, do hereM�b�� certify that , 21W-e ears A ST- 1%ggresident of CHI AGO TITLE & TRUST COMPANY, a corporation of Illinois, and , S ' Mr„st Officer- of said corporation, personally known to me to be th me persons, whose names are subscribed to the foregoing instrument as such 5T. 0 1W President and •A.557-- 5eCrf-ta-f, Trust Officer respectively, appeared before me this day in person 4nd acknowledged that they signed and delivered the said instrument as their own free and voluntary acts, and as the free and voluntary act of said corporation, as Trustee, for the uses and purposes therein set forth and the said t • l -did also then and there acknowledge that he, as c-iisiodian of the corporate seal of said corporation, did affix the said corporate seal of said corporation to said instrument as his own free and voluntary act, and as the free and voluntary act of said corporation, as Trustee, for the uses and purposes therein set forth. Given under my hand and Notarial Seal this day of 0010hg� 1991. Notary Public Commission Expires: ENotery rothy Catalano Public, State of Illinoismission Expires.4/2/94 ---------------- -12- MEYER MATERIAL COMPANY, an Illinois General Partnership By: The LaSalle Trust No. 3 General Partner BY. Trustee STATE OF ILLINOIS) )SS COUNTY OF COOK ) I, the undersigned, a Notary Public i,Fig d fo e County and State aforesaid, do hereby certify that e,4 personally known to me to be the Trustee of the LaSalle No. 3, one of the general partners of Meyer Material Company, an Illinois General Partnership, the general partnership described in the within Annexation Agreement, having authority to execute such Annexation Agreement, appeared before me this day in person and acknowledged that he executed the same as the free and voluntary act and deed of The LaSalle Trust No. 3 on behalf of said Meyer Material Company, an Illinois General Partnership. i en under my hand and notarial seal this day of G D , 1991. Commission Expires: Qualified in Cook County Commission Expires Sept. 1,19" 19 MEYER MATERIAL COMPANY, an Illinois General Partnership, By: MEYER MATERIAL ACQUISITION CORPORATION, General Partner STATE OF ILLINOIS) )SS COUNTY OF C O O K) I, the undersigned, a Notary Public in and for the County and State aforesaid, do hereby certify that Merlin G. Wille personally known to me to be the President of Meyer Material Acquisition Corporation, one of the general partners of Meyer Material Company, an Illinois General Partnership, the general partnership described in the within Annexation Agreement, having authority to execute such Annexation Agreement, appeared before me this day in person and acknowledged that he executed the same as the free and voluntary act and deed of Meyer Material Acquisition corporation on behalf of Meyer Material Company, an Illinois General Partnership. Givener my hand and notarial seal thisX � day of un 'AIAE , 1991. f Notary Pubi4c i Commission Expires: 2 19�J 3 "O FiCLAL SEW' ' E. DO State of ff""011995 M, ssiva Expires Jen. 14. -14-