HomeMy WebLinkAboutOrdinances - O-93-633 - 09/29/1993 - AUTHORIZE ANNEX AGMT ANEST AND MCDONALDS93R 000086 _ J
c:\CLIENTS\MCDON-F.397\APPROVAL.ORD-5
ORDINANCE NO. 0-93-633
AN ORDINANCE PROVIDING FOR THE
APPROVAL OF AN ANNEXATION
AGREEMENT BETWEEN THE CITY OF MC
HENRY, MC HENRY COUNTY, ILLINOIS, AND
MC DONALD'S CORPORATION, A DELAWARE
CORPORATION, AND BILL ANEST AND
PETER ANEST, INDIVIDUALLY AND D/B/A
S & S PETROLEUM PRODUCTS
WHEREAS, Bill Anest and Peter Anest, individually and d/b/a S & S Petroleum
Products, are the record owners of a certain 1.62 acre parcel of real estate located at the
northeast corner of the intersection of Bull Valley Road and Illinois State Route 31, in Nunda
Township, McHenry county, Illinois; and
WHEREAS, McDONALD'S CORPORATION, a Delaware corporation, is contract
purchaser of a portion of said real estate; and
WHEREAS, notice of a public hearing was published in the NORTHWEST HERALD,
a newspaper of general circulation published in the City of McHenry, within the time provided
by law, notifying the public of a hearing on said proposed Annexation Agreement before the
Corporate Authorities of the City of McHenry, McHenry County, Illinois; and
WHEREAS, the Corporate Authorities of the City of McHenry have held the public
hearing as required by law and have found the entry into said Agreement will not be
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 CORPORATE AUTHORITIES OF
THE CITY OF Mc HENRY, Mc HENRY COUNTY, ILLINOIS, AS FOLLOWS:
93-90-0239
SECTION 1: The Annexation Agreement, being the date of September 29
1993, by and between the City of McHenry, a Municipal Corporation in the State of Illinois,
McDONALD'S CORPORATION, a Delaware corporation, and BILL ANEST and PETER
ANEST, individually and d/b/a S & S PETROLEUM PRODUCTS, be and the same is hereby
approved. A complete and accurate copy of said Annexation Agreement is attached to this
Ordinance and incorporated herein by reference as Exhibit "A".
SECTION 2: The Mayor and City Clerk of the City of McHenry are authorized
to affix their signatures as Mayor and City Clerk of the City of McHenry to said Agreement
for the uses and purposes therein set forth.
SECTION 3: This Ordinance shall be in full force and effect immediately after
its passage and approval as required by law.
PASSED by the Corporate Authorities of the City of McHenry, Illinois and approved
by me this 29th day of September , 1993.
AYES:
NAYS:
Baird, Lawson, Bates, Locke, Bolger, Cuda
None
ABSTAIN: None
ABSENT: None
APPROVED THIS 29th DAY OF September , 1993.
YOR, CITY OF Mc HENRY, ILLINOIS
ATTEST: '
City Clerk
93-90-0240
93R 080086
mcdon-F.397\annex.agr-5
ANNEXATION AGREEMENT
THIS AGREEMENT, made and entered into this o?'�day of
, 1993, 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"), and BILL ANEST and PETER ANEST, individually and
d/b/a S & S PETROLEUM PRODUCTS, and MCDONALD'S CORPORATION, a
Delaware corporation, (hereinafter collectively referred to as
"Owner").
W I T N E S S E T H:
WHEREAS, BILL ANEST and PETER ANEST, individually and d/b/a S
& S PETROLEUM PRODUCTS, are title owners of the following
described property:
That part of the Southwest Quarter of the Northwest
Quarter of Section 2, Township 44 North, Range 8 East of
the Third Principal Meridian described as follows:
Commencing on the South line of said Quarter Quarter at
a point, 853.10 feet East of the Southwest corner
thereof, said point being on the Easterly right of way
line of State Bond Issue Route 61, now referred to as
State Route 31; thence Northeasterly on the Easterly
right of way line of said Route, along a curve to the
left,with a radius of 3859.43 feet, a chord distance of
58.38 feet to a point of beginning; thence continue along
said curve, a chord distance of 184.31 feet to the
Northwest corner of a 0.18 acre tract, deeded as 241.00
feet North of and parallel to the South line of said
Quarter Quarter; thence North 89 degrees 55 minutes 00
seconds East, along a line deeded as, 241.00 North of and
parallel to the South line of said Quarter Quarter, also
being the North line and an extension thereof of a 0.18
acre tract, a distance of 332.33 feet; thence South 01
degree 04 minutes 45 seconds West, along the West line of
a 1.24 acre tract, (being a prior exception), as it is
1
Fl93 -90 -0241
occupied, a distance of 208.05 feet; thence South 89
degrees 55 minutes 00 seconds West, along the North right
of way line of Bull valley Road, 326.33 feet; thence
North 40 degrees 51 minutes 08 seconds West, 32.77 feet,
to the point of Beginning, in McHenry County, Illinois.
(Hereinafter referred to as "Parcel").
WHEREAS, McDonald's Corporation is the Contract Purchaser for
the purchase of the portion of "parcel" hereinafter described as
follows:
That part of the Southwest Quarter of the Northwest
Quarter of Section 2, Township 44 North, Range 8 East
of the Third Principal Meridian described as
follows: Commencing on the South line of said Quarter
Quarter at a point, 853.10 feet East of the Southwest
corner thereof, said point being on the Easterly right
of way line of State Bond Issue Route 61, now referred
to as State Route 31; thence Northeasterly on the
Easterly right of way line of said Route, along a
curve to the left, with a radius of 3859.43 feet a
chord distance of 58.38 feet to a point of beginning;
thence continue along said curve, a chord distance
of 184.31 feet to the Northwest corner of a 0.18 acre
tract, deeded as 241.00 feet North of and parallel
to the South line of said Quarter Quarter; thence
South 89 degrees 59 minutes 40 seconds East, along
a line deeded as 241.00 North of and parallel to the
South line of said Quarter Quarter, also being the
North line and an extension thereof of a 0.18 acre
tract, a distance of 160.50 feet; thence South 0
degrees 03 minutes 24 seconds East 208.00 feet to a
point in the North line of Bull Valley Road; thence
South 89 degrees 59 minutes 40 seconds West along
the North right of way line of Bull Valley Road,
158.75 feet; thence North 41 degrees 09 minutes
09 seconds West, 32.91 feet, to the Place of
Beginning, in McHenry County, Illinois (McDonald's
Parcel).
WHEREAS, said Parcel is contiguous to the corporate limits of
the City of McHenry, Illinois and is not within the corporate
boundaries of any other city or village and at least 51% of the
electors residing thereon have joined in the Petition for
Annexation;
011
93-90-0242
WHEREAS, said Parcel constitutes territory which is contiguous
to and may be annexed to the City of McHenry, Illinois, as provided
in Article VII of the Illinois Municipal Code, Chapter 65, Illinois
Compiled Statutes (1993), as amended;
WHEREAS, Owners desire to have said Parcel annexed to the
City of McHenry, Illinois upon certain terms and conditions
hereinafter set forth;
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 hereinafter set forth,
would further the growth of the City, enable the City to control
the development of the area, and serve the best interests of the
City;
WHEREAS, pursuant to the provisions of section 11-15.1-1
et.seq. of the Illinois Municipal Code, Chapter 65, Illinois
Compiled Statutes (1993), as amended, a proposed Annexation
Agreement, in form of 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 statutes;
WHEREAS, pursuant to notice 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 requested zoning classification and zoning
variations of said Parcel and the recommendation made by said
Zoning Board of Appeals on the requested zoning classification and
zoning variations of said Parcel was submitted to the Corporate
3
93-90-0243
Authorities;
WHEREAS, pursuant to the statutes of the State of Illinois and
the City of McHenry Subdivision Control Ordinance, a public meeting
was held before the City of McHenry Plan Commission on the
requested approval of a Preliminary Plat of Subdivision for said
parcel and the recommendation made by said Plan Commission on the
requested Preliminary Plat was submitted to the Corporate
Authorities;
WHEREAS, the Nunda Township Commissioner of Highways and the
Board of Town Trustees of Nunda Township have been given proper
notice of the proposed annexation pursuant to Chapter 65, Section
5/7-1-1, of the Illinois Compiled Statutes (1993), as amended;
WHEREAS, because the City provides neither library nor fire
protection services for Parcel, no notices are therefore required
by statute to be given to any library district or fire protection
district.
NOW THEREFORE, for and in consideration of the mutual promises
and agreements contained herein, it is hereby agreed by and between
the parties hereto as follows:
1. The Corporate Authorities, upon execution of this
Agreement, shall enact an Ordinance annexing the aforedescribed
Parcel which shall include all adjacent streets or highways as
required by law.
2. Upon the execution of this Agreement, the Corporate
Authorities shall enact an ordinance approving the Preliminary Plat
of Subdivision for said Parcel which shall divide Parcel into a two
4
93-90-0244
lot subdivision (containing such lots hereinafter referred to as
"Lot 1" and "Lot 2" respectively) with the dimensions and
configuration as contained in the Preliminary Plat of Subdivision
set forth in Exhibit "A", attached hereto and made a part hereof,
including approval of a variance to the Subdivision Control
Ordinance to allow the minimum lot width for Lot 1 and Lot 2 as set
forth on said Preliminary Plat.
3. That the City agrees to enact simultaneously with the
execution of this Agreement, an Ordinance amending the City of
McHenry Zoning Ordinance so as to classify the Parcel as "C-3" -
Community Commercial District; to approve a Conditional Use Permit
on Lot 1, for the operation of a restaurant with a drive-thru
facility; to approve a variance of the minimum lot width of Lot 1
and Lot 2 from 200 feet to 164.86 feet and 167.72 feet respectively
and to allow the construction of a McDonald's Restaurant upon Lot
1 in substantial accordance with the plans and specifications
heretofore on file with the City, including site plan dated
September 8, ,1993, sign plans dated September 22, 1993 and
landscape plans dated September 8, 1993. It is understood,
however, that no sign, landscape or site plans have been approved
for any use on Lot 2 as designated on the Preliminary Plat of
Subdivision.
4. McDonald's Corporation shall pay all costs and expenses
for the construction of the extension of municipal sanitary sewer
main and City water to the Parcel which shall be constructed in
accordance with the ordinances of the City. The location,
0
93-90-0245
connection points and specifications for said sanitary sewer main
shall be determined by the City Engineer. It is assumed that the
City Engineer will choose the most reasonable, economic and prudent
point of connection and route for said sewer and water mains within
thirty (30) days. If McDonald's is unable to accept the City
Engineer's decision in regard to said routes and points of
connection within sixty (60) days of the execution of this
Agreement, then on notice to the City this agreement shall be
deemed void and any building permits issued as a result of this
Annexation proceeding shall be revoked by the City. City agrees to
cooperate with McDonald's Corporation in the procurement and
execution of all necessary applications for permits to the Illinois
Environmental Protection Agency for the construction and use of the
sewer main described herein as well as for the construction of
roadways and other improvements as indicated on the Preliminary
Plat of Subdivision.
5. Reimbursement Provision. Upon request by the City,
McDonald's shall construct additional, expanded or oversized
municipal sanitary sewer mains offsite of the Parcel which benefit
not only the Parcel, but also other properties being or to be
developed in the relevant service areas for such utilities. In the
event such improvements are made by McDonald's, the following
provisions shall apply:
a. The properties which may reasonably be expected to
benefit directly or indirectly from the construction and
installation of such additional onsite expanded or oversized
93-90-0246
93R 080086-
municipal improvements ("Benefited Property") will be determined by
the City Engineer at the time of such expanded or oversized
municipal improvements are constructed.
b. The corporate authority shall endeavor to collect a
pro rata sum of money from the owners of the Benefited Property as
a pre -condition to said owners be granted a permit to connect the
benefited property to the City sewer system. (The total sum
subject to reimbursement to McDonald's, as well as the pro rata sum
to be collected from the Benefited Property owners shall be
determined by the City's consulting engineer taking into account
the following factors: total construction and easement costs;
professional fees; and testing and analysis fees. Any legal and
administrative expense shall not be considered. The pro rata sum
calculated shall be based upon the ratio of acreage that the
particular Benefited Property bears to the acreage of the entire
Benefited Property area). In addition, interest shall be collected
from the commencement date of this reimbursement provision,
calculated annually at one percent (1%) over the last July 1, five
year treasury bill rate. The sum collected shall be paid to
McDonald's after deduction of two percent (2%) for administrative
charges due City. In the event that any State statute shall
determine an interest rate other than set forth in this paragraph
5b., the State Requirement shall prevail.
C. Subject to a nonappealable final court order,
directing City to act otherwise, City shall not issue any
connection permits until the Benefited Property owner either pays
7
93-90-0247
the reimbursement charge set forth in this paragraph or adequately
assures the City that payment will be made.
d. City will use its best effort to collect the cost
provided herein from the Benefited Property owners but shall not be
liable to McDonald's if the City is, for any reason, unable to
collect said cost. The City's liability to reimburse McDonald's
shall be limited to payment from funds actually collected from
Benefited Property owners.
e. City may file this Agreement with the McHenry County
Recorder of Deeds and notify the owners of the Benefited Property
of the terms of this reimbursement provision.
f. McDonald's shall furnish to the City all permits
required for the improvements referred to in this Agreement,
including, but not limited to, the Illinois Historical Agency, U.S.
Corps of Engineers, McHenry County Highway Department, the McHenry
County Soil and Water Conservation District, Illinois Department of
Conservation, and the Illinois Department of Transportation,
Division of Water Resources.
g. McDonald's shall reimburse and indemnify City for
all costs, engineering and attorney's fees and liability incurred
by the City in attempting to collect the reimbursement amount
subject to this reimbursement provision.
h. This reimbursement provision shall have a
commencement date when the City accepts the public improvements
which are the subject of this Agreement and shall end on the date
93-90-0248
93R 080086
of the termination of this Agreement.
i. Upon completion of McDonald's sewer improvements,
McDonald's may submit a Reimbursement Agreement or Ordinance to the
City for the City's approval.
6. The City of McHenry shall exercise its powers of eminent
domain, if necessary, to assist McDonald's Corporation in obtaining
all necessary easements, not already in existence, to enable the
installation of the aforesaid sanitary sewer main. McDonald's
Corporation shall pay for all of the eminent domain costs and
expenses incurred by the City of McHenry, including but not limited
to attorneys fees, title charges, appraisals, survey costs,
deposition costs, witness fees, litigation expenses and judgments
in the acquisition of any sanitary sewer main easement. Such costs
and expenses of acquisition by eminent domain shall be includable
in the costs and expenses that are subject to recapture by
McDonald's Corporation from third parties benefiting from
connection onto said sanitary sewer main facility.
7. No park, school, or library donations shall be required by
reason of the annexation of parcel unless said Parcel or any part
thereof, is used for residential purposes in which case such fees
shall be paid as provided by Ordinance.
8. No change or modification of any ordinance, code or
regulation shall be applied during the term of this Agreement so as
to affect the zoning classification of Parcel and the uses
permitted thereunder by the City of McHenry Zoning Ordinance in
effect as of the date of this Agreement as hereinbefore provided.
01
93-90-0249
0
Except as modified by the terms and provisions of this Agreement,
the Owner shall comply in all respects with the conditions and
requirements of all applicable ordinances of the City as they may
exist from time to time including but not limited to those
requiring the issuance of permits or the payment of fees thereof.
9. within sixty (60) days of execution of this Agreement,
owners shall pay to the City, an Annexation Fee of $10,000.00.
10. These Agreements and covenants contained herein shall be
deemed to be covenants running with the land during the term of
this Agreement and shall inure to the benefit of and be binding
upon the successors in title and assigns of the Owner, and each of
them, and upon the successor Corporate Authorities and successor
Municipalities of the City.
11. This Agreement shall be valid and binding for a term of
ten (10) years from the date of its execution.
12. This Agreement shall be enforceable in any court of
competent jurisdiction in the State of Illinois by any of the
parties or by any appropriate action at law or in equity to secure
the performance of the Covenants and Agreements herein contained.
No action hereon may be filed by the parties in any federal court.
13. If any provisions of this Agreement are held to be
invalid by any court of competent jurisdiction, such provisions
shall be deemed to be excised from this Agreement, and the
invalidity thereof shall not affect any of the other provisions
contained herein.
14. In order to provide access to Lot 1 of the Parcel (as
10
93-90-0250
depicted on Exhibit A), the titleholder of Lot 2 (as depicted on
Exhibit A), Bill Anest and Peter Anest, individually and d/b/a S&S
Petroleum Products, shall execute the Easement Agreement attached
hereto as Exhibit B. This Easement Agreement shall be executed and
filed in the office of the McHenry County Recorder of Deeds within
60 days of the execution of this Annexation Agreement. All parties
to this Annexation Agreement agree that, in the event said Easement
Dedication is not executed and recorded, as provided in this
paragraph 14, this Annexation Agreement shall be deemed void and
any building permits issued as a result of this annexation
proceeding shall be revoked by the City.
11
93-90-0251
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 and
the corporate seal attached thereto, all on the day and year first
written above.
CITY OF MC NRY 1517
B
Its Mayor
AT
City
Clerk
(SEAL)
4 • '9�
°.:R' MC DO D' S CORPORATION a Delaware
�i !0 co ora 'on,
o•; Ata L
p:;� AW A;db B
W Assi stan i c President
ATTEST:
S a f—DArector i
IL ANEST, individually
PETER ANEST, individually
S & S PETROLEUM PRODUCTS
BY:
BI EST
PETER ANEST
12
93-90-0252
93.R 080086
MCDONALD'S
(ACKNOWLEDGMENT)
STATE OF ILLINOIS
COUNTY OF DuPage SS:
I, Irene J. Maitekus , a Notary Public in and for the county and
state aforesaid, DO HEREBY CERTIFY that Michael J. Sise, Assistant
Vice -President of McDonald's Corporation, a Delaware corporation, who is
personally known to me to be the same person whose name is subscribed to the
foregoing instrument as such Assistant Vice -President appeared before me this
day in person and acknowledged that he signed, sealed and delivered the said
instrument as his free and voluntary act as such Assistant Vice -President and
as the free and voluntary act of said corporation for the uses and purposes
therein set forth.
Given under my hand and notarial
1992 OFFICIAL SEAL
IRENE J WAtTELOFI.LILINOIS
NOTARY PUBLIC STA?EMY COMMISSION EXP. ,1996
My commission expires 11/19/96
seal, this Lath day of December
Not1fry Public
(ACKNOWLEDGMENT - INDIVIDUAL)
STATE OF
COUNTY OF SS:
I. 80 r A a Not ry P)jblic i and for the coun nd
state of resaid, DO HEREBY CERTIFY hat f/1�, and
of �i who (+iH(are)
personally known to me to be the same person(s) whose name(s) (#s.)(are)
subscribed to the foregoing instrument appeared before me this day in person
and acknowledged that (-m)(they) signed, sealed and delivered the said
instrument as (their) free and voluntary act for the uses and purposes
therein set forth.
Given under my hand and notarial seal, this OfIl day of
-OFFICIAL SEAL"
RICHARD J. WMAHON otary ub 1 i c
Notary Public, ate i Illinois
My comma ss n IdXpTf4<l�9lssi 4/97
(ACKNOWLEDGMENT - CORPORATE)
TE OF
N,TY OF SS:
I,
state afo said,
corporation, wlre�is
subscribed to the
elf
this day in person
said instrument as
free and voluntary
set forth.
a Notary Public in and for the cc6,1. i-:
HEREBY CERTIFY that Pres•.
. a(n)
personally known to me to be the person whose name '.
oregoing instrument as such President, appeared be`:. -a
a acknowledged that he signed, sealed and de)ivere:
his ee and voluntary act as such President and as
act of aid corporation for the uses and purposes t-,? -
Given under my hand and notar seal, this day of
19
My commission expires
McD-ACK-MJS-01/90
4296J
Notary Public
93-90-0253
STATE OF ILLINOIS )
) SS:
COUNTY OF MC HENRY )
I, the undersigned, a Notary Public in and for the County and
STE�J
State aforesaid, DO HEREBY CERTIFY that
VE n1 • CUDA
and 'BAP--RA1tN E . 61 jLP,,A/ personally known to me to be the
Mayor and City Clerk, respectively of the City of McHenry, and
personally known to me to be the same persons whose names are
subscribed to the foregoing instrument, appeared before me this day
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 Mayor and City
Council of said Corporations their free and voluntary act, and as
the free and voluntary act and deed of said corporation, for the
uses and purposes therein set forth.
m
W llliools12/17/94
My commission expires:
13
93_90-0254
s ! i
STATE OF ILLINOIS )
) SS:
COUNTY OF MC HENRY )
I, the undersigned, a Notary Public in and for the County and
State aforesaid, DO HEREBY CERTIFY that the above named BILL ANEST
and PETER ANEST, personally known to me to be the same persons
whose names are subscribed to the foregoing instrument appeared
before me this day in person and acknowledged that they signed and
delivered said instrument as their own free and voluntary act, for
the uses and purposes set forth therein.
"OFFICIAL SEAL"
RICHARD J. MCMAHON
Notary Public. State of Illinois
My Commission Expires 6/24/97
My commission expires:
illz yjz� -�
15
93-90--OZ55
McHENRY, ILLINOIS
Rt. 31 & Bull Valley
LIC:012-1318
�X1-(1B�T�r•
EASEMENT AGREEMENT
THIS EASEMENT GRANT, dated June 9, 1993, is between BILL ANEST AND PETER ANEST,
individually and dba S&S Petroleum Products, a General Partnership ("Grantor") and McDONALD'S
CORPORATION, a Delaware corporation ("Grantee"). The following statements are a material part of
this Easement Agreement:
A. The Grantee is the Purchaser of a tract of land described as Parcel 1 on Exhibit A, attached.
B. The Grantor is the owner of a tract of land described as Parcel 2 on Exhibit B, attached.
C. The Grantor wishes to grant, and Grantee wishes to receive, easements over, under and across
Parcel 2 as described on Exhibit C attached and as depicted on Site Plan last revised September 2,
1993 prepared by Midwest Technical Corporation, Inc.
THEREFORE, in consideration of the covenants contained in this Easement Grant and other good and
valuable consideration, receipt of which is acknowledged, the following grants, agreements, covenants and
restrictions are made:
1. EASEMENT FOR INGRESS AND EGRESS AND CONSTRUCTION OF CURB CUTS
Grantor grants and conveys to Grantee a perpetual, non-exclusive easement for vehicular and
pedestrian ingress and egress, to and from Parcel 1, appurtenant to Parcel 1, over, upon and across
that portion of Parcel 2 described on Exhibit C, attached. Grantor and Grantee covenant and agree
that Grantee may modify any of the curbs cut on Parcel I at any time, such modifications to be at
Grantee's sole cost and expense.
Grantee grants to Grantor, a perpetual, non-exclusive easement, appurtenant to Parcel 2, for the
use and benefit of the Grantor, for the purpose of automobile and pedestrian ingress and egress over,
upon and across the access ways, driveways, entrances and exits, as such areas shall, from time to
time, be developed, altered or modified on Parcel 1.
Grantee covenants and agrees to construct a curb cut at least thirty (30) feet in width at the area
shown crosshatched on the attached Exhibit D ("Curb Cut #1). The exact location of the curb cut
must be approved by Grantee. Grantor shall have the right to relocate Curb Cut #2, as shown on
Exhibit D provided that: (1) It shall be completed at Grantor's cost and expense (2) Curb Cut #2 is
relocated within the southernmost 125 feet of Parcels 1 & 2 (3) Grantor's driveway over Parcel 2 shall
line up with Curb Cut #2.
2. MAINTENANCE
Grantor and Grantee covenant and agree to maintain in good condition and repair, or cause to be
maintained and kept in repair, the driveways and other common areas situated on their respective
properties. The obligation of Grantor and Grantee to maintain, repair and keep in repair the
driveways and other common areas shall, without limiting the generality thereof, include the following:
93-90-0257
A. Maintaining the surfaces at such grades and levels that they may be used and enjoyed as
contiguous and homogeneous common areas and maintaining the surfaces in a level, smooth
and evenly -covered condition with the type of surfacing material originally installed or of
similar quality, use and durability; and
B. Removing all papers, debris, snow, ice, filth and refuse and thoroughly sweeping the areas
to the extent reasonably necessary to keep these areas in a neat, clean and orderly condition; and
C. Placing, keeping in repair, and replacing any necessary appropriate directional signs,
striping markers and lines; and operating, keeping in repair and replacing, when necessary,
artificial lighting facilities as shall be reasonably required; and
Grantee may erect curbs, fences and landscaping on Parcel 1 in order to define the premises to be
conveyed and Parcel 2. G."antor shall not detract from the access rights of Grantee or prevent, hinder
or interfere in any way with the free flow and passage of vehicular and pedestrian traffic over, to, from
and between Parcel i and Parcel 2. This paragraph shall in no way prohibit the 32 foot area as shown
labeled on Exhibit C from being used for parking.
4. MAINTENANCE EXPENSES
Grantor and Grantee further covenant and agree to pay the expense of maintaining and repairing
the ingress, egress and other common areas situated on their respective parcels, including the payment
of all real estate taxes and assessments, subject only to the right to defer payment in a manner
provided by law and/or in connection with a bonafide contest of such taxes or assessments, so long as
the rights of the other party shall not be jeopardized by the deferring of payment.
5. DEFAULT
If there is a failure by either party to perform, fulfill or observe any agreement contained within
this Easement Grant, to be performed, fulfilled or observed by it, continuing for thirty (30) days, or in
situations involving potential danger to the health or safety of persons in, on or about or substantial
deterioration of Parcel 1 or Parcel 2, or any portion or any part thereof, in each case after written
notice, the other party may, at its election, cure such failure or breach on behalf of the defaulting
party. Any reasonable amount which the party so electing shall expend for such purpose, or which
shall otherwise be due by either party to the other, shall be paid to the party to whom due on demand,
without contest, upon delivery of its invoice, together with interest at the lower of (1) the rate of ten
percent (10%) per annum, or (2) the maximum rate permissible from time to time under applicable
law, from the date of the expenditure or the date when it shall have become due to the date of payment
in full. The provisions of this paragraph shall be in all respects subject and subordinate to the lien of
any mortgages or deeds of trust at any time or from time to time on the land of the defaulting party
and the rights of the holder or holders of any mortgages or deeds of trust.
6. COVENANTS RUNNING WITH LAND
The rights contained within this Easement Grant shall run with the land and inure to and be for the
benefit of the Grantor and Grantee, their successors and assigns, and the tenants, sub -tenants,
licensees, concessionaires, mortgagees in possession, customers and business invitees of such persons.
_2_ 93-90-0258
93R Q80086
7. COVENANTS OF TITLE AND QUIET ENJOYMENT
Grantor warrants that he has good and indefeasible fee simple title to Parcel 2, and Grantor
warrants and will defend the title to the easement premises owned by Grantor and will indemnify
Grantee against any damage and expense which Grantee may suffer by reason of any lien,
encumbrance, restriction or defect in the title or description of the easement premises.
8. TERMINATION OF AGREEMENT
Grantor and Grantee acknowledge and agree that they shall not terminate this agreement or change
the duration of the easement grants without the prior written approval of the City of McHenry.
9. NOTICE
Grantor's address is 400 S. Curran Road, Grayslake, Illinois 60030 and Grantee's address is One
McDonald's Plaza, Oak Brook, Illinois 60521, Attention: Director, Real Estate Legal Department.
Either party may lodge written notice of a change of address with the other. All notices shall be sent by
certified mail, return receipt requested, to the addresses provided for in this paragraph and shall be
deemed given when placed in the mail.
To indicate their consent to this Agreement, the Grantor or Grantee, or their authorized officers or
representatives, have signed this document
GRANTOR: Bill & Peter Anest, individually
I �ba SBrS P leum Products
l J
GRANTEE: MCDONALD'S CORPORATION
(ATTACH ACKNOWLEDGMENTS AND EXHIBITS A, B C and D)
Prepared by and Return to:
Deborah Connors
MCDONALD'S CORPORATION
One McDonald's Plaza
Oak Brook, Illinois 60521
_3_ 93-90-0259
'93R 080086(
ACKNOWLEDGMENT - McDONALD'S
STATE OF ILLINOIS )
) SS:
COUNTY OF DUPAGE )
I, Sueann Iwanski, a Notary Public in and for the county and state aforesaid, DO HEREBY CERTIFY that Joseph R
Thomas, Director and Michael J. Sise, Assistant Secretary of McDonald's Corporation, a Delaware corporation, who are
personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such Director and
Assistant Secretary appeared before me this day in person and acknowledged that they signed, sealed and delivered the said
instrument as their free and voluntary act as such Director and Assistant Secretary' respectively and as the free and
voluntary act of said corporation for the uses and purposes therein set forth.
!i:ven nder my hand and notarial seal, this 16th day of November, 1993.fvOTAR'� ': !� :OF Ii'_! .JIMY CO\411is:iION Xl' PEH. 7'lySa
My commission expires February 7, 1994
Notary P>lblic
ACKNOWLEDGMENT - IIVDrMUAL
STATE OF )
SS:
COUNTY OF )
4— , a Notin Public in and for the o ul ty and state aforesaid, DO HEREBY CERTIFY that
and of who (is)(are) personally known to me
to bethe sam person(s) whose name(s) (is)(are) subscribed to the foregoing instrument appeared before me this day in
person and ac nowledged that (he)(she)(they) signed, sealed and delivered the said instrument as (his)(her)(their) free and
voluntary act for the uses and purposes therein set forth.
Given under my hand and notarial seal, this 4-7— day of 19 "OFFICIAL. SEAL"
" RICHARD J. McMAHON
My commission expires Notary Public, State of Illinois
of Public My Commission Expires 6/24/97
ACKNOWLEDGMENT - CORPORATE
STATE OF )
SS:
COUNTY OF )
1, , a Notary Public in and for the county and state aforesaid, DO HEREBY
CERTIFY that President and
Secretary of
a(n) corporation, who is personally
known to me to be the person whose name is subscribed to the foregoing instrument as such President, appeared before me
this day in person and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary
act as such President and Secretary respectively and as the free and voluntary act of said corporation for the uses and
purposes therein set forth.
Given under my hand and notarial seal, this day of . 19
My commission expires
Notary Public
93-90-0260
9.3R 080086
' PAE EL 1
That part of the Southwest Quarter of the Northwest Quarter of Section
2, Township 44 North, Range 8 East of the Third Principal Meridian
described as follows: Commencing on the South line of said Quarter
Quarter at a point, 853.10 feet East of the Southwest corner thereof, said
point being on the Easterly right of way line of State Bond Issue Route
61, now referred to as State Route 31; thence Northeasterly on the
Easterly right of way line of said Route, along a curve to the left, with a
radius of 3859.43 feet, a chord distance of 58.38 feet to a point of
beginning; thence continue along said curve, a chord distance of 184.31
feet to the Northwest corner of a 0.18 acre tract, deeded as 241.00 feet
North of and parallel to the South line of said Quarter Quarter; thence
South 89 degrees 59 minutes 40 seconds East, along a line deeded as,
241.00 North of and parallel to the South line of said Quarter Quarter,
also being the North line and an extension thereof of a 0.18 acre tract,
a distance of 160.50 feet; thence South 0 degrees 03 minutes 24 seconds
East 208.00 feet to a point in the North line of Bull Valley Road; thence
North 89 degrees 59 minutes 40 seconds West along the North right of
way line of Bull Valley Road, 158.75 feet; thence North 41 degrees 09
minutes 09 seconds West, 32.91 feet, to the Place of Beginning, in
WHenry County, Illinois.
Less and Except
That part of the Southwest Quarter of the Northwest Quarter of Section 2,
Township 44 North, Range 8 East of the Third Principal Meridian described
as follows: Commencing on the South line of said Quarter Quarter at a
point, 853.10 feet East of the Southwest corner thereof, said point being on
the Easterly right of way line of State Bond Issue Route 61, now referred to
as State Route 31; thence Northeasterly on the Easterly right of way line of
said Route, along a curve to the left, with a radius of 3859.43 feet, a chord
distance of 58.38 feet, thence continue along said curve, a chord distance
of 184.31 feet to the Northwest corner of a 0.18 acre tract, deeded as 241.00
feet North of and parallel to the South line of said Quarter Quarter; thence
South 89 degrees 59 minutes 40 seconds East, along a line deeded as,
241.00 North of and parallel to the South line of said Quarter Quarter, also
being the North.line and an extension thereof of a 0.1-8 acre tract, a distance
of 160.50 feet; thence South 0 degrees 03 minutes 24 seconds East 208.00
feet to a point in the North line of Bull Valley Road to the Place of Beginning;
thence North 89 degrees 59 minutes 40 seconds West along the North right
of way line of Bull Valley Road, 158.75 feet; thence North 41 degrees 09
minutes 09 seconds West, 9.30 feet along the Northeasterly line of Parcel
0002 according to Condemnation Case Number 86ED1 as filed in the Circuit
Court of the 19th Judicial Circuit, McHenry County, Illinois; thence South 89
degrees 59 minutes 40 seconds East, along a line which Is 7.00 feet North
of and parallel with said North right-of-way line of Bull Valley Road, 164.86
feet~ thence South 00 degrees 03 minutes 24 seconds East 7.00 to the Place
of Beginning, in McHenry County, Illinois.
Also known as Lot 1 in McDonald's subdivision in McHenry, Illinois.
EX H715 rT
93-90-0261
93R 080086 Ai
That part of the Southwest Quarter of the Northwest Quarter of Section
2, Township 44 North, Range 8 East of the Third Principal Meridian
described as follows: Commencing on the South line of said Quarter
Quarter at a point, 853.10 feet East of the Southwest corner thereof, said
point being on the Easterly right of way line of State Bond Issue Route
61, now referred to as State Route 31; thence Northeasterly on the
Easterly right of way line of said Route, along a curve to the left, with a
radius of 3859.43 feet, a chord distance of 58.38 feet; thence continue
along said curve, a chord distance of 184.31 feet to the Northwest corner
of a 0.18 acre tract, deeded as 241.00 feet North of and parallel to the
South line of said Quarter Quarter; thence South 89 degrees 59 minutes
40 seconds East, along a line deeded as, 241.00 North of and parallel to
the South line of said Quarter Quarter, also being the North line and an
extension thereof of a 0.18 acre tract, a distance of 160.50 feet to a place
of beginning; thence continuing along said line South 89 degree 59
minutes 40 seconds East 171.83 feet; thence South 01 degrees 06
minutes 50 seconds West, along the West line of a 1.24 acres tract,
(being a prior exception), as it is occupied, a distance of 208.04 feet;
thence North 89 degrees 59 minutes 40 seconds West, along the North
right of way line of Bull Valley Road, 167.58 feet; thence North 0 degrees
03 minutes 24 seconds West, 208.00 feet, to the place of beginning, in
McHenry County, Illinois.
Less and Except
That part of the Southwest Quarter of the Northwest Quarter of Section 2,
Township 44 North, Range 8 East of the Third Principal Meridian described
as follows: Commencing on the South line of said Quarter Quarter at a
point, 853.10 feet East of the Southwest corner thereof, said point being on
the Easterly right of way line of State Bond Issue Route 61, now referred to
as State Route 31; thence Northeasterly on the Easterly right of way line of
said Route, along a curve to the left, with a radius of 3859.43 feet, a chord
distance of 58.38 feet; thence continue along said curve, a chord distance
of 184.31 feet to the Northwest corner of a 0.18 acre tract, deeded as 241.00
feet North of and parallel to the South line of said Quarter Quarter; thence
South 89 degrees 59 minutes 40 seconds East, along a line deeded as,
241.00 North of and parallel to the South line of said Quarter Quarter, also
being the North line and an extension thereof of a 0.18 acre tract, a distance
of 332.33 feet; thence South 01 degrees 06 minutes 50 seconds West, along
the West line of a 1.24 acres tract, (being a prior exception), as it is
occupied, a distance of 208.04 feet to the Place of Beginning; thence North
89 degrees 59 minutes 40 seconds West, along the North right of way line
of Bull Valley Road, 167.58 feet; thence North 0 degrees 03 minutes 24
seconds West, 7.00 feet, thence South 89 degrees 59 minutes 40 seconds
East along a lino 7.00 feet North of and parallel with said North right-of-way
line of Bull Valley Road, 167.72 feet to said West line of a 1.24 acre tract
(being a prior exception), as it is occupied; thence South 01 degree 06
minutes 50 seconds West, along said Wost line, 7.00 foot to the Place of
BQainnina. in McHenry County, Iliinots.
Also known as Lot 2 in McDonald's subdivision in McHenry, Illinois.
FX1-U a rT d
93-90-0262
93R, o8o®a6.
z i-1121 A.- W.a
That part of the Southwest Quarter of the Northwest Quarter of Section 2,
Township 44 North, Range 8 East of the Third Principal Meridian described
as follows: Commencing on the South fin* of said Quarter Quarter at a
point, 853.10 feet East of the Southwest corner thereof, said point being on
the Easterly right of way line of State Bond Issue Route 61, now referred to
as State Route 31; thence Northeasterly on the Easterly right of way line of
said Route, along a curve to the left, with a radius of 3859.43 feet, a chord
distance of 58.38 feet; thence continue along said curve, a chord distance
of 184.31 feet to the Northwest corner of a 0.18 acre tract, deeded as 241.00
feet North of and parallel to the South line of said Quarter Quarter; thence
South 89 degrees 59 minutes 40 seconds East, along a line deeded as,
241.00 North of and parallel to the South line of said Quarter Quarter, also
being the North line and an extension thereof of a 0.18 acre tract, a distance
of 332.33 feet; thence South 01 degrees 06 minutes 50 seconds West, along
the West line of a 1.24 acres tract, (being a prior exception), as it is
occupied, a distance of 208.04 feet; thence North 89 degrees 59 minutes 40
seconds West, along the North right of way line of Bull Valley Road, 167.58
feet; thence North 0 degrees 03 minutes 24 seconds West, 32.00 feet to the
Place of Beginning; thence continuing North 00 degrees 03 minutes 24
seconds West 24.00 feet to. a line 56.00 feet North of and parallel with the
North right-of-way line of Bull Valley Road according to the Plat of Highway
recorded May 17, 1985 as Document Number 907366; thence South 89
degrees 59 minutes 40 seconds East along said parallel line 143.72 feet to
a line 25 feet West of the Sliest 9ne of the aforesaid 1.24 acre tract; thence
South 01 degrees 06 minutes 30 seconds West, along said parallel lino 56.01
feet to said North right-of-way line of Bull Valley Road; thence North 89
degrees 59 minutes 40 seconds West, along said North tight -of -way line of
Bull Valley Road, 40.00 feet; wwnce North 01 degrees 06 minutes 50 second
East 22.01 feet; thence North 44 degrees 26 minutes 25 seconds West 14.00
feet to a line 32.00 feet North of and parallel with -said North tight -of -way line
of Bull Valley Road; thence Korth 99 degrees 59 minutes 40 seconds West,
along said parallel line 93.23 feet to the Plata of Beginning, In McHenry
County. Illinois.
EXHIBIT 93-90-0263
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