HomeMy WebLinkAboutOrdinances - O-96-803 - 10/02/1996 - AUTHORIZE FIRST AMENDMENT ANNEX AGMT BUSCH-KNOXORDINANCE NO. O•-96-803
AN ORDINANCE AUTHORIZING EXECUTION OF THE FIRST AMENDMENT
TO ANNEXATION AGREEMENT REGARDING THE BUSCH-KNOX PROPERTY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HCHENRY, MCHENRY
COUNTY, ILLINOIS, as follows:
SECTION 1. That the Mayor be, and is hereby authorized and directed to
execute, and the Clerk is authorized and directed to attest, duplicate original
copies of the First Amendment to Annexation Agreement, by and between the City
of McHenry and Helen Busch as Trustee under the provisions of a Trust Agreement
dated February 9, 1977 and known as Trust No. 100; McHenry State Bank, not
individually but as Trustee under a Trust Agreement dated July 1, 1989 under
Trust No. 4705; and the Knox Trust, Howard and Marianne Knox and Robert and
Norma Knox, a copy of which Amendment is attached hereto and made a part
hereof.
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.
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are hereby repealed to the extent of such conflict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 as provided by law.
PASSED this 2nd day of October, 1996.
AYES: Bolger, Locke, Bates, Lawson, Baird, Cuda _
NAYS: None —
ABSENT: None —
NOT VOTING: None
ABSTAINED: None —
APPROVED this 2nd day of October, 1996.
ATTEST:
Ci y Cler
Mayor
First Amendment to Busch -Knox Annexation Agreement
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September 17, 19% 1455 pm
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First Amendment to Annexation Agreement
(Busch -Knox Development)
THIS AGREEMENT, made and entered into this 2nd day of
October , 1996, between the City of McHenry,
an Illinois municipal corporation, (the "City") and Helen -Busch, as
trustee under the provisions of the trust agreement dated February
9, 1977 and known as Trust No. 100 (the "Knox Trust"); McHenry
State Bank, not individually but as trustee under a trust agreement
dated July 1, 1989, under Trust No. 4705 ("Land Trust"); and the
Knox Trust, Howard and Mary Ann Knox and Robert and Norma Knox
("Land Trust Beneficiaries"). Hereinafter, the Knox Trust, the
Land Trust and the Land Trust Beneficiaries shall collectively be
referred to as "Owners."
RECITALS
WHEREAS, the Land Trust holds fee simple title to part of the
parcel of real estate legally described on the attached Exhibit 1,
containing 19.75 acres;
WHEREAS, the Knox Trust holds fee simple title to part of the
parcel of real estate legally described on Exhibit 1, containing
52.5 acres;
WHEREAS, the Land Trust Beneficiaries are the holders of 100
percent of the beneficial interest in the Land Trust;
WHEREAS, the property referred to on Exhibit I was the subject
of an Annexation Agreement dated April 28, 1995, executed by the
City and Owners and recorded on May 9, 1995, by the McHenry County
Recorder of Deeds as Document No. 95R 017527 (the "Original Agree-
ment");
WHEREAS, the parties hereto desire to amend Exhibit A attached
to the Original Agreement to add the following legally described
property which is adjacent and contiguous to the property referred
to in Exhibit 1:
PARCEL A
That Part of Section 2, Township 44 North, Range 8 East
of the Third Principal Meridian, described as follows:
Commencing at the Northwest corner of the Northeast
Quarter of said Section 2 and running thence South 01
degrees 00 minutes 48 seconds East (bearing assumed), a
distance of 1312.78 feet; thence North 89 degrees 49
minutes 04 seconds East, a distance of 1762.85 feet -for
the point of beginning; thence South 01 degrees 29
minutes 22 seconds west, a distance of 672.10 feet; then
South 89 degrees 51 minutes 29 seconds East, a distance
of 36.00 feet; thence North 01 degrees 29 minutes 22
seconds East a distance of 672.30 feet; thence South 89
degrees 49 minutes 04 seconds West, a distance of 36.00
feet, to the point of beginning, in McHenry County,
Illinois.
PARCEL B
That Part of Section 2, Township 44 North, Range 8 East
of the Third Principal Meridian, described as follows:
Commencing at the Northwest corner of the Northeast
Quarter of said Section 2 and running thence South 01
degrees 00 minutes 48 seconds East (bearing assumed), a
distance of 1312.78 feet; thence North 89 degrees 49
minutes 04 seconds East, a distance of 1762.85 feet;
thence South 01 degrees 29 minutes 22 seconds West, a
distance of 672.10 feet, for the point of beginning;
thence continuing South 01 degrees 29 minutes 22 seconds
West, a distance of 210.00 feet; thence South 89 degrees
51 minutes 29 seconds East, a distance of 75.00 feet;
thence North 01 degrees 29 minutes 22 seconds East, a
distance of 210.00 feet; thence North 89 degrees 51
minutes 29 seconds West, a distance of 75.00 feet, to the
point of beginning, in McHenry County, Illinois.
("Subject Property").
WHEREAS, there are no electors residing on the Subject
Property.
WHEREAS, pursuant to the provisions of 65 ILCS 5111-15.1-3, a
public hearing was held before the Corporate Authorities, after due
notice, on the proposed amendment;
NOW, THEREFORE, in consideration of the mutual covenants,
agreements and conditions herein contained, and by the authority of
and in accordance with the aforesaid statutes of the State of
Illinois, the parties hereto agree as follows:
First Amended Annexation Agreement, Page 2
1. Exhibit A, attached to the Original Agreement (legal descrip-
tion) , is hereby amended to add thereto, the Subject Property.
2. Exhibit B, attached to the Original Agreement (Plat of
Annexation), is hereby amended and replaced with the Revised
Exhibit B attached hereto and dated August 23, 1996 and all
references to "Exhibit B" in the Original Agreement shall
hence forth refer to the Revised Exhibit B.
3. Exhibit 2 attached hereto (Plat of Zoning) shall be - eemed to
supplement and clarify Exhibit C attached to the Original
Agreement (Master Plan).
4. The areas identified as 1135 foot forest preserve easement" on
Exhibit 2 are hereby restricted pursuant to the regulations
imposed by the U.S. Army Corps of Engineers.
5. All other sections and exhibits of the Original Agreement
remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First
Amended Annexation Agreement the day and year first above written.
OWNERS:
HELEN BUSCH, as Trustee under
the provisions of a Trust
Agreement dated 2/9/77 and
known as Trust No. 100
Howard Knox
n
Robert Knox
CITY:
CIT O HENRY �zz
S even J. Cuda
Prepared by/Mail to:
David W. McArdle, City Attorney
Zukowski, Rogers, Flood & McArdle
50 Virginia Street
Crystal Lake, IL 60014
815/459-2050
McHENRY STATE BANK, not
individually, but as
Trustee under a trust
agreement dated July 1,
1989, under Trust No. 4705
Helen Busch
Norma Knox
Mar§ AnT Kn x
AT ST:
City Clerk Ijamela J. thoff
First Amended Annexation Agreement, Page 3
EXHIBIT 1
Parcel 1: That part of the east half of Government Lot 1 in the
Northwest Quarter of Section 2, described as follows: beginning at
the southeast corner of said east half; thence north 89 degrees 51
minutes 09 seconds west (bearing assumed) along the south line of
said east half, a distance of 1324.22 feet to the southwest corner
of said east half; thence north 00 degree 53 minutes 32 seconds
east along the west line of said east half, a distance of 647.06
feet to a point; thence south 89 degrees 56 minutes 40 seconds
east, a distance of 1325.67 feet to the east line of said east
half; thence south 01 degree 00 minute 48 seconds west, along said
east line a distance of 651.78 feet to the point of beginning, in
Township 44 north, Range 8 east of the Third Principal Meridian, in
McHenry County, Illinois; and
Parcel 2: That part of Section 2, Township 44 north, Range 8 east
of the Third Principal Meridian, described as follows: commencing
at the northwest corner of the Northeast Quarter of Section 2 and
running thence south 01 degree 00 minute 48 seconds east (bearing
assumed) on the west line thereof to a point which is 933.39 feet
north of the southwest corner of Government Lot 2 of the Northeast
Quarter of Section 2, said point being the place of beginning in
this description; thence east parallel to the south line thereof
for a distance of 933.39 feet to a point; thence south parallel to
the west line thereof for a distance of 404.81 feet; thence north
88 degrees 59 minutes 12 seconds west, a distance of 273.19 feet;
thence north 01 degree 00 minute 48 seconds east, a distance of
152.00 feet; thence north 88 degrees 59 minutes 12 seconds west, a
distance of 660.00 feet to the west line of said Northeast Quarter
of Section 2; thence north 01 degree 00 minute 48 seconds east, a
distance of 233.33 feet to the point of beginning, in McHenry
County, Illinois; and
Parcel 3: That part of Section 2, Township 44 north, Range 8 east
of the Third Principal Meridian, described as follows: commencing
at the northwest corner of the Northeast Quarter of Section 2 and
running thence south 01 degree 00 minute 48 seconds east (bearing
assumed) on the west line thereof to a point which is 933.39 feet
north of the southwest corner of Government Lot 2 of the Northeast
Quarter of Section 2; thence east parallel to the south line
thereof for a distance of 933.39 feet to a point; thence south
parallel to the west line thereof for a distance of 933.39 feet to
a point on the south line of Government Lot 2 of said Northeast
Quarter; thence north 89 degrees 49 minutes 04 seconds east, on the
south line thereof to a point which is 448.95 feet east of the
southwest corner of the east half of Government Lot 2 of said
Southeast Quarter; thence south 01 degree 29 minutes 22 seconds
west, parallel to the west line of the east half of Government Lot
1 of said Northeast Quarter for a distance of 982.13 feet to a
point which is on a line drawn 330 feet north of and parallel to
the east and west quarter section line of said Section 2; thence
First Amended Annexation Agreement, Page 4
north 89 degrees 51 minutes 29 seconds west, parallel to the east
and west quarter section line for a distance of 844.95 feet to the
northwest corner of a certain deed recorded in the Recorder's
office of McHenry County, Illinois, in book 199 of Deeds, page 559;
thence south 00 degree 08 minutes 31 seconds west, on the west line
of said deed, so recorded, for a distance of 330.00 feet to a point
on the east and west quarter section line of said section 2; thence
north 89 degrees 51 minutes 28 seconds west, on said east and west
quarter section line for a distance of 914.58 feet to the north and
south quarter section line of said section 2; thence north 01
degree 00 minute 48 seconds east, along said north and south
quarter section line, a distance of 1302.02 feet to the south line
of Government Lot 2; thence north 89 degrees 49 minutes 04 seconds
east, along said south line, a distance of 933.39 feet to a point
of beginning, in McHenry County, Illinois.
First Amended Annexation Agreement, Page 5
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