The URL can be used to link to this page

Home My WebLink AboutOrdinances - O-92-606 - 09/02/1992 - AUTHORIZE AMEND ANNEX AGREEMENT MEYER MATERIAL�EYEi2it�llt�'-!�2,H�- 92R 053025 (qo Ae.P-ES) RECEIVED AUG 2 8 1992 ORDINANCE NO. 0-92-606 AN ORDINANCE PROVIDING FOR THE APPROVAL OF Mc --HENRY OF AMENDMENT TO ANNEXATION AGREEMENT WHEREAS, on the 23rd day of August, 1990, the Corporate Authorities for and on behalf of the City of McHenry, McHenry County, Illinois, adopted a certain ordinance identified as Ordinance No. 0-90-560 approving a certain Annexation Agreement between the City of McHenry, a Municipal Corporation, Meyer Material Company, an Illinois General Partnership, and 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; and WHEREAS, the Corporate Authorities have heretofore adopted a certain ordinance identified as Ordinance No. 0-90-561, 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 Herald, a newspaper of general circulation in the City of McHenry within the time provided by law; and i 92-61-2712 r 9211 053025 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. 0-90-560 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 "A" and approved by said Ordinance. Section 3. That the site reclamation of the following - described real estate shall hereafter conform to the Operations and Reclamation Plan attached hereto and incorporated herein by reference as Exhibit "A": 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. Section 4. This Ordinance shall be known as Ordinance No. 0-92-606 and shall be in full force and effect from and after its passage and approval as required by law. -2- 92-61-2713 92R .05302S REVISED JUKE 1992 4 PHASE 1 PRASE c f �full '�uu • ��+Mrouwr+ . I • � ��!�j4 �� I�It lf�l PHASE ' IV- s PHASE V PHASE III Sti' PHASE VI PHASE VII PHASE VIU PHASE IX PHASE X RECLAMATION PLAN r ' � .vn unucrnr , 6/9� FINAL PHASE 'EXHIBIT "A" . 9.2-61 -27 14 92R 053025 PASSED this 2nd day of September , 1992. AYES: Lieder, Donahue, Bolger, Serritella, Patterson, Adams, Smith NAYS • None ABSTENTIONS • None ABSENT:— Locke APPROVED this 2nd ATTEST: day of September Ll —3- ,,�a992 . ''Mayor t 92-61-2715 92R'O53O25 AMENDMENT TO ANNEXATION AGREEMENT This Amendment dated the day ofB `1992, to that certain Annexation Agreement entered into on the 3rd day of October, 1991, by the City of McHenry, a Municipal Corporation, Meyer Material Company, an Illinois General Partnership, and 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, and heretofore approved by Ordinance No. 0-90-560. 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: 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, 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 Plan submitted as part of the Reclamation Plan approved by the Corporate Authorities on the 23rd day of August, 1990; 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 Reclamation Plan heretofore I 9 2 - 61 - 2 716 XMI 61-r ''�/, 92R 053025 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 "A" attached to said Annexation Agreement. 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. ATTEST: I CITY OF McHENRY, ILL NOIS By: It yor -2- 92-61-2717 92R 053025 CHICAGO TITLE Individually, provisions of July 17, 1968, 53278, By: ATTEST: AND TRUST COMPANY, not but as Trustee under the a Trust Agreement dated and known as Trust No. M IM WW* W410W ad WW 11 W khm Vo ^to knw6 mo ft W& b w a *R . Md MI iM MM rAn�ntlr, Y�dltitRMw1, nppd,t,l, ,,rt.a.�, re 1� Au/iit .w. a ar p1A Of IM 11for 1 WW M hm pww"I b MI wlrrft kwWaRMt reprowlai n *MAIM% wroxduna uA efwrwrc NM IRA every nnn of thlm• mane and 1.1 - • n •.t :3 nersonef werrantim k*AqQ&eL T�s--ram "iftw..14 Ih- r,n',on of binding sed 11rMR1w L41 ft6 Mer" d .. � .',a n' . 'tv specdraRr -• �.r1 hlreln, IRd (INs IRal, ltn�� r r � Iht ew-,;,e cl ure powti'l todfaml nynn it ra STATE OF ILLINOI S ) my H he ,torte' ,,,,r •. SS ti,.•t��. COUNTY OF COOK ) I, the undersigned, a Notary Public in an for the County and State aforesaid, DO HEREBY CERTIFY that o `-Y personally known to me to the of Chica o Title and Trust Company, an Illinois Corporation, and US '6 , personally known to me to be the of said corporation, who a names aremV ibed to the foreg 'ng jnstrument as such/l, and I appeared before me this day in person and acknowledged t1t t they signed and delivered the said instrument as their own ree and voluntary acts, and as the free and voluntary act of said corporation, as Trust for for the us d ur o es therein set forth, and the said :k5T-- did also then and there acknowledge that as custodian of th corporate seal of said corporation, he did affix the said corpor to 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 the uses and purposes therein set forth. Gi My c "OFFICIAL SEAL" Rhonda Turock Nc;ary Pub!!-, State of Illinois -iy COrrm1SSion Expires 4/9/94 and notarial seal this 1992I —3— , 19 day of _ 92-61-2718