HomeMy WebLinkAboutOrdinances - O-95-724 - 08/30/1995 - AUTHORIZE 4TH AMENDMT TO ANNEX AGMT MCH CORPORATEORDINANCE NO. 0-95-724
AN ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF A FOURTH AMENDMENT
TO ANNEXATION AGREEMENT DATED JULY 19, 1989 REGARDING
PROPERTY COMMONLY KNOWN AS CORPORATE CENTER LANG PARCEL
WHEREAS, on July 19, 1989, the City of McHenry Corporate Authorities
entered into an Annexation Agreement between the City of McHenry,
Cosmopolitan National Bank of Chicago, as Trustee of Trust No. 28571,
Midwest Properties Limited Partnership, Midwest Construction Co., Inc.,
McHenry Corporate Center, Inc., and Prime Development Corp.; and
WHEREAS, said Annexation Agreement dated July 19, 1989 (Original
Agreement) was filed with the office of the McHenry County Recorder of
Deeds on August 14, 1989, as Document Number 89R026256; and
WHEREAS, a First Amendment to said Original Agreement was approved
on March 21, 1994 by the City of McHenry Corporate Authorities and filed
with the office of the McHenry County Recorder of Deeds on May 23, 3_994,
as Document Number 94R032459; and
WHEREAS, a Second Amendment was approved on August 17, 1994 by
McHenry Corporate Authorities and filed with the office of the McHenry
County Recorded of Deeds on November 4, 1994, as Document Number
94R063038; and
WHEREAS, a Third Amendment to said Original Agreement was approved
on August 31, 1994 by the McHenry Corporate Authorities and filed with
the office of the McHenry County Recorder of Deeds on September 20, 1994,
as Document Number 94R054866; and
WHEREAS, various parties to the Original Agreement, among others,
have petitioned the Mayor and City Council for approval of a Fourth
Amendment to said Original Agreement with respect to the property
commonly known as the Lang Parcel (Second Amendment); and
WHEREAS, a public hearing was held on the Petition before the
Corporate Authorities pursuant to 65 ILCS 5/11-15.1-3 on August 16, 1995,
and continued to August 30, 1995 wherein said Fourth Amendment. was
approved; and
WHEREAS, it is the desire of the Corporate Authorities to enter into
said revised Fourth Amendment to said Original Agreement.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
City of McHenry, McHenry County, Illinois, as follows:
SECTION 1: That the Mayor and City Clerk are hereby authorized and
directed to execute the Fourth Amendment to the Annexation Agreement
dated July 19, 1989, and the City Clerk is authorized and directed to
file with the office of the McHenry County Recorder of Deeds a Certified
Copy of this Ordinance approving the Fourth Amendment, a copy of which
is attached hereto and made a part hereof as Exhibit "A".
SECTION 2: If any section, paragraph, subdivision, clause, sentence
or provision of this Ordinance shall be adjudged by any Court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, invalidate or nullify the remainder thereof, which remainder
shall remain and continue in full force and effect.
Corporate Center Fourth Amendment to Annexation Agreement, Page 1
NOTE: Council ratified wording change in paragraph 5 of Agreement on 1-17-96
SECTION 3: All ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION 4: This Ordinance shall be in full force and effect upon
its passage, approval and publication in pamphlet form (which publication
is hereby authorized) as provided by law.
PASSED this 30th day of August, 1995.
AYES: Bolger, Locke, Bates, Lawson, Baird, Cuda
NAYS: None
ABSENT: NnnP
NOT VOTING:
None
ABSTAINED: None
APPROVED this 30th day of August, 1995.
Mayor
ATTEST:
City iClerk
Corporate Center Fourth Amendment to Annexation Agreement, Page 2
EXHIBIT 'A■
Lot 1: That part of the Northeast Quarter of Section 10, Township
44 North, Range 8 East of the Third Principal Meridian, described
as follows: Commencing at the Northeast corner of said Northeast
Quarter, thence south 89 degrees 13 minutes 25 seconds west, along
the orth line of said Northeast Quarter, 68.78 feet to the point of
beginning; thence south 89 degrees 13 minutes 25 seconds west along
said north line, 637.46 feet, thence south 26 degrees 31 minutes 10
seconds west, 856.72 feet; thence south 63 degrees 33 minutes 24
seconds east, 100.0 feet; thence north 26 degrees 31 minutes 10
seconds east, 250.0 feet; thence south 63 degrees 33 minutes 24
seconds east, 500.00 feet to the westerly right-of-way of State
Route 31; thence north 26 degrees 31 minutes 10 seconds east along
said westerly right-of-way , 23.91 feet to a point of curvature;
thence northeasterly 875.20 feet along a curve, concave
southeasterly, having a radius of 11419.0 feet, having a chord
length of 874.98 feet and bearing north 24 degrees 19 minutes 26
seconds east, to the point of beginning, in McHenry County,
Illinois.
Lot 2: That part of the Northeast Quarter of Section 10, Township
44 North, Range 8 East of the Third Principal Meridian described as
follows: Commencing at the Northeast Corner of said Northeast
Quarter; thence south 89 degrees 13 minutes 25 seconds west along
the north line of said Northeast Quarter, 706.24 feet to the point
of beginning; thence south 89 degrees 13 minutes 25 seconds west
along said north line, 337.59 feet; thence south 26 degrees 31
minutes 10 seconds west, 702.30 feet; thence south 63 degrees 33
minutes 24 seconds east, 400.0 feet; thence north 26 degrees 31
minutes 10 seconds east, 856.172 feet to the point of beginning in
McHenry County, Illinois.
Corporate Center Fourth Amendment to Annexation Agreement, Page 3
STATE OF ILLINOIS)
COUNTY OF McHENRY)
CITY OF McHENRY )
FOURTH AMENDMENT TO ANNEXATION AGREEMENT
DATED JULY 19, 1989
THIS AGREEMENT, effective this 30reday of,406-1151—, 1995, by and
between the CITY OF McHENRY, a municipal corporation, in the State of
Illinois ("City"), COSMOPOLITAN BANK AND TRUST COMPANY, successor trustee
to COSMOPOLITAN NATIONAL BANK OF CHICAGO, as Trustee of Trust #28571, 801
N. Clark Street, Chicago, Illinois ("Cosmopolitan"), MIDWEST PROPERTIES
LIMITED PARTNERSHIP, 2640 W. Touhy Ave., Chicago, Illinois ("Midwest
Partnership"), MIDWEST CONSTRUCTION CO., INC., 2640 W. Touhy Ave.,
Chicago, Illinois ("Midwest Construction"), GARY LANG, 908 N. Front
Street, McHenry, Illinois, and AMERICAN NATIONAL BANK TRUST, as Trustee
of Trust #120090-07 dated February 14, 1995 as successor to GARY LANG,
a beneficiary thereof, 908 N. Front Street, McHenry, Illinois
(collectively with Gary Lang referred to as "Lang").
INTRODUCTION
Various parties to this Agreement were parties to an Annexation
Agreement dated July 19, 1989 and it is pursuant to 65 ILCS 5/11-15..1 and
paragraph 27 of the July 19, 1989 Agreement ("Original Agreement") and
the subsequent Second Amendment dated August 30, 1994 ("Second
Amendment") this Fourth Amendment is being made in order to expand the
legal description relevant thereto.
STATUS OF PARTIES
A. Midwest Partnership is currently the sole owner of 100% of the
beneficial interest in Cosmopolitan.
B. The General Partner of Midwest Partnership is Midwest
Construction and it has the authority under a Limited Partnership
agreement to authorize and direct the execution of this Agreement on
behalf of itself, Cosmopolitan and the Midwest Partnership.
NOW, THEREFORE, in consideration of the mutual covenants contained
herein, it is hereby agreed by and between the parties hereto as follows:
1. Paragraph D is hereby amended by adding a 5.942 acre parcel (Lot
2) adjacent to the original 10.827 acre parcel (Lot 1, which is amended
to 9.843 acres), and Lots 1 and 2 below shall hereinafter collectively
be referred to as the "Lang Lots":
Lot 1: That part of the Northeast Quarter of Section 10, Township
44 North, Range 8 East of the Third Principal Meridian, described
as follows: Commencing at the Northeast corner of said Northeast
Quarter, thence south 89 degrees 13 minutes 25 seconds west, along
the orth line of said Northeast Quarter, 68.78 feet to the point of
beginning; thence south 89 degrees 13 minutes 25 seconds west: along
said north line, 637.46 feet, thence south 26 degrees 31 minutes 10
seconds west, 856.72 feet; thence south 63 degrees 33 minutes 24
NOTE: Council ratified wording change in paragraph 5 on January 17, 1996
seconds east, 100.0 feet; thence north 26 degrees 31 minutes 10
seconds east, 250.0 feet; thence south 63 degrees 33 minutes 24
seconds east, 500.00 feet to the westerly right-of-way of State
Route 31; thence north 26 degrees 31 minutes 10 seconds east along
said westerly right-of-way , 23.91 feet to a point of curvature;
thence northeasterly 875.20 feet along a curve, concave
southeasterly, having a radius of 11419.0 feet, having a chord
length of 874.98 feet and bearing north 24 degrees 19 minutes 26
seconds east, to the point of beginning, in McHenry County,
Illinois.
Lot 2: That part of the Northeast Quarter of Section 10, Township
44 North, Range 8 East of the Third Principal Meridian described as
follows: Commencing at the Northeast Corner of said Northeast
Quarter; thence south 89 degrees 13 minutes 25 seconds west along
the north line of said Northeast Quarter, 706.24 feet to the point
of beginning; thence south 89 degrees 13 minutes 25 seconds west
along said north line, 337.59 feet; thence south 26 degrees 31
minutes 10 seconds west, 702.30 feet; thence south 63 degrees 33
minutes 24 seconds east, 400.0 feet; thence north 26 degrees 31
minutes 10 seconds east, 856.172 feet to the point of beginning in
McHenry County, Illinois.
2. That Lot 1 is currently under construction for the Gary Lang
Auto Mall and Lot 2 is adjacent and contiguous to the west of the Subject
Property which as a whole is located north of and adjacent to McHenry
Corporate Center Units One and Two to the north on the west side of
Illinois Route 31 and is directly across Route 31 from Tonyan's
Industrial Park, McHenry County, Illinois.
3. This Fourth Amendment adds Lot 2 to the Second Amended
Annexation Agreement for the purpose of integrating the uses permitted
and conditions imposed on Lot 1 to apply to Lot 2, and also reconfigures
Lot 1.
4. That the revised Concept Plan which has been revised from time
to time, is -hereby amended as depicted on the Final Plat of Unit Four,
dated , 1995, prepared by Smith Engineering Consultants, Inc.
5. That upon construction of that portion of Da ton Road,
referenced on the Final Plat of Unit 4, (last revised on or ,
1995 and prepared by Smith Engineering Consultants, Inc.) Cosmopolitan
and Midwest Partnership, or their successors and assigns, shall be
obligated to construct or cause to be constructed that 400 foot portion
of Dayton Road lying adjacent to Lots 1 and 2 referred to above or to pay
a sum of money representing the cost of constructing said portion of
Dayton Road. Payment by Cosmopolitan and Midwest Partnership, if
applicable, shall be made within thirty (30) days of the written
notification to Cosmopolitan and Midwest Partnership, if applicable, of
the payment due hereunder.
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6. The Preliminary and Final Plats of Subdivision for Unit 4 of the
McHenry Corporate Center are hereby approved and the Mayor and City Clerk
are authorized to execute the Final Plat.
7. This Fourth Amendment shall not be construed to extend the term
of the Original Agreement.
8. Except as herein modified, all the terms, conditions and
provisions of the Original Agreement and the Second Amendment to said
Original Agreement shall stand and be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands
and seals, and have caused this Fourth Amendment to the Annexation
Agreement dated July 19, 1989, to be executed by their duly authorized
officials and the corporate seals attached hereto, all on the date and
year first above written.
ATTEST: City 01 McH,oihry
B
Pamela J. Alth f, C Clerk even J. Cuda, Mayor
ATTEST:
(SEAL)
LCOSmopolitan National Bank Cf ChiCZ96
*Cosmopolitan Bank & Trust Company,
Cosmopolitan National Bank of Chicago,
ATTEST: as Trustee of Trust 28571, and not
ipersonally
For signatures and exculpatory provisions, see rider hereto attached which is expressl,
incorporated herein and made a partBlrereof.
Land Trust Administrator Vice President and Trust Officer
(SEAL)
SUBSCRIBED AND SWORN to
before me this M- day
of 1995.
Notary PfiblIc
(SEAL) /
Midwest Properties Limited Partnership
By: Midwest Construction Company, Inc,
Gener 1 Partngr
Secretary
-3-
SUBSCRIBED AND SWORN to
before me thig /9 . — day
of 1995.
Notary P b
(SEAL)
OFFICIAL SEAL
DOROTHY) )AHN
(VOTARY PUBLIC STATE OF ILLINOIS
MY COMMISSION EXP. fE& 141996
ATTES
SUBSCRIBED AND SWORN to
before me this .3" day
of .T tc m 1996.
�5&en
Notary Public
(SEAL)
Midwest Construction Co., Inc. General
Partner for Midwest Properties Limited
Partnership
j �
/ U
Secretary
American National Bank, Trustee of
Trust 120090-07, dated February 14,
1995
By: —
T Si jfffficer —vim
lhis lnstr mP;,t C� l',,i,rr� by the undersigned Land Trustee
I V
CAI • .. ,
U,
Gary Lang' ` 4---
SUBSCRIBED and SWORN to, as to Gary Lang only,
this ;� 44 day of January, 1996.
Via:- r;�srsr>r�e>r�►�•ti�.��,
No lic
WIE J. OR MORE
Notary ft"co Stm o1 MkWe
My Commisslon Expires 2-2597
-4-
COSMOPOLITAN BANK AND TRUST, as Trustee under Trust Number 28521 , is not a
party to the foregoing Agreement herein referred to. It is understood and agreed as
follows: COSMOPOLITAN BANK AND TRUST, as Trustee under the above entitled trust, holds
only legal title to the premises and does not have any right, duty or obligation under
the terms of said Trust Agreement to operate, manage or control said premises, but the
right to operate, manage and control said premises is in the beneficiary or
beneficiaries or said Trust, and COSMOPOLITAN BANK AND TRUST makes this statement not
individually but as Trustee, solely for the purpose of subjecting its interest, if any,
in the legal title to the premises which are the subject of this agreement. therein
referred to the terms thereof, and it does not by this statement assume any duty to
operate, manage or control said premises, nor does it assume any responsibility or
liability with respect to the undertakings or representations in said agreement and or
to the operation, management or control thereof. Any claims against said trust,
individually or in its trust capacity, which may result therefrom, shall be payable
only out of the property which is the subject matter thereof. It is hereby understood
and agreed that COSMOPOLITAN BANK AND TRUST, neither individually nor as Trustee, by
the execution hereof, has ratified any of the terms of the aforesaid agreement nor the
signing thereof insofar as it purports to be signed by its Vice President
and Land Trust Administrator on behalf of COSMOPOLITAN BANK AND
TRUST.
COSMOPOLITAN BANK AND TRUST,
as Trustee as aforesaid and not personally.
ATTEST: �
BY: .�W` �," BY
Land Trust Administrator
Subscribed and Sworn to before me
Vice President
this 19th day of De ember 1995
eu-
Notary Public
OFFICIAL SEAL
PATRICK M. CLARKE
NOTARY PUBLIC, STATE OF ILLINOIS
M YY COMMISSION EXPIRE; 9-19-98
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