HomeMy WebLinkAboutOrdinances - O-92-605 - 09/02/1992 - PROVIDE FOR AMENDMT TO ANNEX AGRMT MCHENRY SAND AN�PPEL (ME �IC/ Tr--[�IF§�R 053024
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AUG 2 81992
ORDINANCE NO. 0-92-605
CITY OF WHENRY
AN ORDINANCE PROVIDING FOR THE APPROVAL
OF AMENDMENT TO ANNEXATION AGREEMENT
WHEREAS, on the 4th day of May, 1988, the Corporate
Authorities for and on behalf of the City of McHenry, McHenry
County, Illinois, adopted a certain ordinance identified as
Ordinance No. 0-88-452 approving a certain Annexation Agreement
between the City of McHenry, a Municipal Corporation, McHenry
Sand and Gravel Company, Inc., McHenry State Bank, not
Individually, but as Trustee under the provisions of a Trust
Agreement dated January 14, 1983, and known as Trust No. 2670,
and McHenry State Bank, not Individually, but as Trustee under
the provisions of a Trust Agreement dated August 1, 1980, and
known as Trust No. 2017; and
WHEREAS, the Corporate Authorities have heretofore adopted a
certain ordinance identified as Ordinance No. 0-88-453 which
provided in part that the real estate described in Section 3 of
this Ordinance be classified "RS-1," Single Family Residential
District, together with an "A-M," Agricultural and Mining Overlay
District, as defined by the Zoning Ordinance of the City of
McHenry, Illinois, and granted a Conditional Use Permit under the
provisions of the Zoning Ordinance of the City of McHenry,
Illinois, so as to permit the property hereinafter described to
be used for the operation of a commercial sand and gravel
business, including the extracting, site reclamation, and
processing of sand, gravel, and other earth materials; and
WHEREAS, a Notice of public hearing before the City Council
of the City of McHenry, Illinois, was published in the Northwest
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Herald, a newspaper of general circulation in the City of McHenry
within the time provided by law; and
WHEREAS, the City Council of the City of McHenry, Illinois
has held a public hearing on the revision of the Reclamation Plan
heretofore approved and the amendment of the above -described
Annexation Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF McHENRY, McHENRY COUNTY, ILLINOIS, AS FOLLOWS:
Section 1. That the Amendment to the Annexation Agreement
approved by Ordinance No. 0-88-452 be and the same is hereby
approved.
Section 2. That the Amendment to the Annexation Agreement
shall provide that the Operations and Reclamation Plan attached
hereto and incorporated herein by reference as Exhibit "A," shall
be substituted for and shall replace the Reclamation and
Operations Plan shown as Exhibit 114" previously approved.
Section 3. That the site reclamation of the following -
described real estate shall hereafter conform to the Reclamation
Plan attached hereto and incorporated herein by reference as
Exhibit "A":
That part of Section 29, Township 45 North, Range 8
East of the Third Principal Meridian, described as
follows: Beginning at the West Quarter Corner of said
Section 29; thence South along the West line of said
Section 29 to the Northwest Corner of the South Half of
the Southwest Quarter of said Section 29; thence East
along the North line of said South Half of the
Southwest Quarter of said Section 29, to the Southwest
Corner of Glacier Ridge Unit No. 2, according to the
Plat thereof recorded August 7, 1978, as Document No.
741873; thence North along the Westerly line of said
Glacier Ridge Unit No. 2, to the Northwest Corner of
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said Glacier Ridge Unit No. 2; thence East along the
North line of said Glacier Ridge Unit No. 2 and along
the North line of Glacier Ridge Unit No. 1, according
to the Plat thereof recorded August 30, 1977, as
Document No. 706672 to an angle point in said North
line of Glacier Ridge Unit No. 1; thence Northeasterly
along the Northwesterly line of said Glacier Ridge Unit
No. 1 to an angle point in said Subdivision; thence
East along the North line of said Glacier Ridge Unit
No. 1 a distance of 211.91 feet to a point which is
577.41 feet West from the East line of the West Half of
the Northeast Quarter of said Section 29; thence
Northerly 389.81 feet to a point which is 578.25 feet
West from said East line and 1508.6 feet South from the
North line of said Northeast Quarter; thence West
parallel with said North line 578.25 feet to the East
line of the aforementioned parcel of land conveyed by
Deed recorded in Book 127, page 123; thence North along
said East line 1508.6 feet to an intersection with the
North line of the Northeast Quarter of said Section 29;
thence West along the North line of said Section 29 to
a point on said North line 500.00 feet East of the
Northeast Corner of the West 100 rods of the Northwest
Quarter of said Section 29; thence South parallel with
the East line of the West 100 rods of the Northwest
Quarter of said Section 29, a distance of 340.0 feet;
thence West, parallel with the North line of said
Section 29 to the East line of the West 100 rods of the
Northwest Quarter of said Section 29; thence North
along the East line of the West 100 rods of the
Northwest Quarter of said Section 29 to the North line
of said Section 29; thence West along the North line of
said Section 29 to the Northwest Corner of said Section
29; thence South along the West line of said Section 29
to the point of beginning (excepting therefrom that
part of the West 100 rods of the Northwest Quarter of
Section 29, Township 45 North, Range 8 East of the
Third Principal Meridian, described as follows:
Commencing at the Southwest corner of said Northwest
Quarter; thence North along the West line of said
Northwest Quarter, a distance of 734.12 feet; thence
Easterly along a line forming an angle of 90 degrees,
30 minutes, 48 seconds to the right with a prolongation
of the last described line, a distance of 1020.03 feet
for a point of beginning; thence continuing along the
last described line, a distance of 629.61 feet to a
point on the East line of said West 100 rods of said
Northwest Quarter, said point being 681.92 feet North
of the Southeast corner of said West 100 rods; thence
South along the East line of said West 100 rods, a
distance of 681.92 feet to said Southeast corner;
thence West along the South line of said Northwest
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REVISED JUNE 1992
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_RL0 ,. ,[„[RECLAMATION PLAN
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PHASE VI
PHASE VII
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Quarter, a distance of 629.74 feet; thence North, a
distance of 701.85 feet to the point of beginning;
ALSO, That part of the North Half of the Southwest
Quarter of Section 29, Township 45 North, Range 8 East
of the Third Principal Meridian, lying 200 feet
Westerly of (as measured at right angles to) the West
line of Glacier Ridge Unit No. 2, a Subdivision of part
of said Section 29, according to the Plat thereof re-
recorded August 17, 1978, as Document No. 741873), in
McHenry County, Illinois. ALSO,
The East Half of the East Half of the Northeast Quarter
of Section 30, Township 45 North, Range 8 East of the
Third Principal Meridian, in McHenry County, Illinois.
Section 4. This Ordinance shall be known as Ordinance No.
0-92-605 and shall be in full force and effect from and
after its passage and approval as required by law.
PASSED this 2nd day of September , 1992.
AYES: Lieder. Donahue. Bolger. Serritella, Patterson, Adams, Smith
NAYS • None
ABSTENTIONS: None
ABSENT:— Locke
APPROVED this 2nd day of September , 19�.92.
ATTEST:
City Clerk
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AMENDMENT TO ANNEXATION AGREEMENT
c.
This Amendment dated the day of
1992, to that certain Annexation Agreement entered into on the
4th day of May, 1988, by the City of McHenry, a Municipal
Corporation, McHenry Sand and Gravel Company, a Delaware
Corporation, McHenry State Bank, not Individually, but as Trustee
under the provisions of a Trust Agreement dated January 14, 1983,
and known as Trust No. 2670, and McHenry State Bank, not
Individually, but as Trustee under the provisions of a Trust
Agreement dated August 1, 1980, and known as Trust No. 2017, and
heretofore approved by Ordinance No. 0-88-452.
W I T N E S S E T H:
WHEREAS, Chicago Title and Trust Company, not Individually,
but as Trustee under the provisions of a Trust Agreement dated
July 17, 1968, and known as Trust No. 53278, is the owner of the
following -described premises:
That part of Section 29, Township 45 North, Range 8
East of the Third Principal Meridian, described as
follows: Beginning at the West Quarter Corner of said
Section 29; thence South along the West line of said
Section 29 to the Northwest Corner of the South Half of
the Southwest Quarter of said Section 29; thence East
along the North line of said South Half of the
Southwest Quarter of said Section 29, to the Southwest
Corner of Glacier Ridge Unit No. 2, according to the
Plat thereof recorded August 7, 1978, as Document No.
741873; thence North along the Westerly line of said
Glacier Ridge Unit No. 2, to the Northwest Corner of
said Glacier Ridge Unit No. 2; thence East along the
North line of said Glacier Ridge Unit No. 2 and along
the North line of Glacier Ridge Unit No. 1, according
to the Plat thereof recorded August 30, 1977, as
Document No. 706672 to an angle point in said North
line of Glacier Ridge Unit No. 1; thence Northeasterly
along the Northwesterly line of said Glacier Ridge Unit
No. 1 to an angle point in said Subdivision; thence
East along the North line of said Glacier Ridge Unit
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No. 1 a distance of 211.91 feet to a point which is
577.41 feet West from the East line of the West Half of
the Northeast Quarter of said Section 29; thence
Northerly 389.81 feet to a point which is 578.25 feet
West from said East line and 1508.6 feet South from the
North line of said Northeast Quarter; thence West
parallel with said North line 578.25 feet to the East
line of the aforementioned parcel of land conveyed by
Deed recorded in Book 127, page 123; thence North along
said East line 1508.6 feet to an intersection with the
North line of the Northeast Quarter of said Section 29;
thence West along the North line of said Section 29 to
a point on said North line 500.00 feet East of the
Northeast Corner of the West 100 rods of the Northwest
Quarter of said Section 29; thence South parallel with
the East line of the West 100 rods of the Northwest
Quarter of said Section 29, a distance of 340.0 feet;
thence West, parallel with the North line of said
Section 29 to the East line of the West 100 rods of the
Northwest Quarter of said Section 29; thence North
along the East line of the West 100 rods of the
Northwest Quarter of said Section 29 to the North line
of said Section 29; thence West along the North line of
said Section 29 to the Northwest Corner of said Section
29; thence South along the West line of said Section 29
to the point of beginning (excepting therefrom that
part of the West 100 rods of the Northwest Quarter of
Section 29, Township 45 North, Range 8 East of the
Third Principal Meridian, described as follows:
Commencing at the Southwest corner of said Northwest
Quarter; thence North along the West line of said
Northwest Quarter, a distance of 734.12 feet; thence
Easterly along a line forming an angle of 90 degrees,
30 minutes, 48 seconds to the right with a prolongation
of the last described line, a distance of 1020.03 feet
for a point of beginning; thence continuing along the
last described line, a distance of 629.61 feet to a
point on the East line of said West 100 rods of said
Northwest Quarter, said point being 681.92 feet North
of the Southeast corner of said West 100 rods; thence
South along the East line of said West 100 rods, a
distance of 681.92 feet to said Southeast corner;
thence West along the South line of said Northwest
Quarter, a distance of 629.74 feet; thence North, a
distance of 701.85 feet to the point of beginning;
ALSO, That part of the North Half of the Southwest
Quarter of Section 29, Township 45 North, Range 8 East
of the Third Principal Meridian, lying 200 feet
Westerly of (as measured at right angles to) the West
line of Glacier Ridge Unit No. 2, a Subdivision of part
of said Section 29, according to the Plat thereof re-
recorded August 17, 1978, as Document No. 741873), in
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and,
McHenry County, Illinois. ALSO,
The East Half of the East Half of the Northeast Quarter
of Section 30, Township 45 North, Range 8 East of the
Third Principal Meridian, in McHenry County, Illinois.
WHEREAS, Chicago Title and Trust Company, not Individually,
but as Trustee under the provisions of a Trust Agreement dated
July 17, 1968, and known as Trust No. 53278, deems it advisable
to revise the Operations and Reclamation Plan submitted as part
of the Operations and Reclamation Plan approved by the Corporate
Authorities on the 4th day of May, 1988; and
WHEREAS, pursuant to notice, a public hearing was held
before the City Council of the City of McHenry, Illinois on the
advisability of revising the Operations and Reclamation Plan
heretofore approved.
FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN
CONTAINED, IT IS AGREED AS FOLLOWS: The Operations and
Reclamation Plan attached hereto and made a part hereof as
Exhibit "A," is hereby substituted for and shall replace the
Operations and Reclamation Plan identified as Exhibit 114"
attached to said Annexation Agreement.
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IN WITNESS WHEREOF the undersigned have hereunto set their
hands and seals and have caused this instrument to be executed by
their duly authorized officials and the corporate seal attached
thereto all on the day and year first written above.
CITY OF McHENRY, ILLINOIS
By: &/J-, -, a I
its -mayor
ATTEST:
rimL a."! L _a.'�
CHICAGO TITLE AND TRUST COMPANY, not
Individually, but as Trustee under the
provisions of a Trust Agreement dated
July 17, 1968, and known as Trust No.
9i'A77A
By:
ATTEST:
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STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
I, the undersigned, a Notary Public in and for the County
and State aforesaid, DO HEREBY CERTIFY that
, personally known to me to bdt the J6
Of Chicago Title and Trust.pompany, an Illinois;
`�
Corporation, and 'u iv
personally known to me to be the
of said corporation, whose names are subscrib d to
the foregoing instrument as such
and g25T- Sica-,I A 1 appeared before me this day
in person and acknowledge hat 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 d pur os s therein set forth, and the said
J"GUCL did also then and there acknowledge that as
custodian of th corporate seal of said corporation, he did affix
the said corpora a seal of the 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 t e uses and
purposes therein set forth.
G1 n under m had and notarial seal this I day of
�� 1992.
t
I
id-j T,, No ary Public
My commission eies�, �;i�i�4 , 19
•..+.+.�w� wi.�nsn�a_».r.•.ran rat
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