HomeMy WebLinkAboutOrdinances - O-98-865 - 04/22/1998 - AUTHORIZE ANNEX AGMT MEUER MATERIAL 117 AC S OF RTORDINANCE NO. 0-98-865
AN ORDINANCE PROVIDING FOR THE APPROVAL OF A PROPOSED ANNEXATION
AGREEMENT AND AMENDMENT OF PREVOUS ANNEXATION AGREEMENTS BETWEEN
THE CITY OF MCHENRY, THE CHICAGO TRUST COMPANY, SUCCESSOR TRUSTEE TO
CHICAGO TITLE AND TRUST COMPANY, AS TRUSTEE UNDER THE PROVISIONS OF A
TRUST AGREEMENT DATED JULY 17, 1968, AND KNOWN AS TRUST NO. 53278, AND
MEYER MATERIAL COMPANY, AN ILLINOIS GENERAL PARTNERSHIP
WHEREAS, the Chicago Trust Company and Meyer Material Company are the owners
of record of real estate located on the south side of State Route 120, between Ridge Road and
Draper Road; and
WHEREAS, notice of a public hearing was published in the Northwest Herald a
newspaper of general circulation in the City of McHenry, within the time provided by law,
notifying the public of a hearing on said proposed Annexation Agreement and Amendment of
previous Annexation Agreements to be held before the Corporate Authorities of the City of
McHenry, McHenry County, Illinois, on the 15th day of April, 1998, at 7:30 p.m.; and
WHEREAS, the Corporate Authorities of the City of McHenry, Illinois, have held the
hearing required by law and have found that the entry into said Annexation Agreement and
Amendment of previous Annexation Agreements 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 CITY COUNCIL OF THE CITY OF
MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
Section 1: The Annexation Agreement and Amendment of previous Annexation
Agreements bearing the date of APRIL 22 1998, by and between the City of
McHenry, McHenry County, Illinois, the Chicago Trust Company, successor trustee to Chicago
Title and Trust Company, as Trustee under the provisions of a Trust Agreement dated July 17,
1968, and known as Trust No. 53278, and Meyer Material Company, an Illinois General
Partnership, be and the same is hereby approved. A full, true, complete, and accurate copy of
said Annexation Agreement and Amendment of previous Annexation Agreements is attached to
this Ordinance as "ANNEXATION AGREMENT AND AMENDMENT OF PREVIOUS
ANNEXATION AGREEMENTS RELATING TO MEYER MATERIAL PROPERTY ON ROUTE
120, MCHENRY, ILLINOIS" and is incorporated herein by reference.
Section 2: The Mayor and City Clerk of the City of McHenry, McHenry County,
Illinois, are authorized and directed to affix their signatures as Mayor and City Clerk of said City
to said Annexation Agreement and Amendment of previous Annexation Agreements for the
purposes and uses therein set forth.
Section 3: All Ordinances or parts thereof in conflict with the terms and provisions
hereof are hereby repealed to the extent of such conflict.
Section 4: This Ordinance shall be published in pamphlet form by and under the
authority of the corporate authorities of the City of McHenry, McHenry County, Illinois.
Section 5: This Ordinance shall be in full force and effect from and after its passage,
approval, and publication in pamphlet form as provided by law.
PASSED THIS 22ND DAY OF APRIL , 1998.
AYES: BOLGER, GLAB, MURGATROYD, BAIRD, CUDA
NAYS: MC CLATCHEY
NONE
ABSTAINED:
ABSENT: NONE
NOT VOTING: NONE
APPROVED THIS 22ND DAY OF APRIL 1998
OR
ATTEST:
CITY CLERKlu
ANNEXATION AGREEMENT AND AMENDMENT
OF PREVIOUS ANNEXATION AGREEMENTS
RELATING TO MEYER MATERIAL PROPERTY
ON ROUTE 120 McHENRY, ILLINOIS
THIS ANNEXATION AGREEMENT AND AMENDMENT OF PREVIOUS
ANNEXATION AGREEMENTS is made and entered into this 2.1 day of April, 1998, by
and between the CITY OF McHENRY, "City," a Municipal Corporation, in the County of
McHenry, State of Illinois, and THE CHICAGO TRUST COMPANY, successor trustee to
CHICAGO TITLE AND TRUST COMPANY, as Trustee under the provisions of the Trust
Agreement dated July 17, 1968, and known as Trust No. 53278, "Title Holder" and MEYER
MATERIAL COMPANY, an Illinois general partnership, "Beneficiary." Title Holder and
Beneficiary shall collectively be referred to as "Owner."
Recitals
A. Beneficiary is the record owner of the parcel of real estate depicted on the
plat map attached as Exhibit 1 as "Parcel E."
B. Title Holder is the record owner of the parcels of real estate depicted on the
plat map attached as Exhibit 1 as "Parcels A, B, C, and D."
C. Beneficiary holds one hundred percent of the beneficial interest in Title
Holder's land trust.
D. Parcel A depicted on Exhibit 1, legally described on the attached Exhibit 2,
was annexed to the City on December 20, 1976, pursuant to Ordinance No. 76-94, was
classified 1-1, Industrial and was granted a conditional use permit for a sand and gravel
operation on a portion of Parcel A.
E. Parcel B depicted on Exhibit 1, legally described on the attached Exhibit 2,
was annexed to the City on October 17, 1977, pursuant to Ordinance No. 77-122, as part
of larger annexation, was classified RS-1, Single Family Residential District. Parcel B was
granted a conditional use permit for a sand and gravel operation with an agricultural and
mining overlay district on May 4, 1988, pursuant to Ordinance No. 88-454.
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F. Parcel C depicted on Exhibit 1, legally described on the attached Exhibit 2,
was annexed, as part of a larger parcel, to the City on May 4, 1988, pursuant to Ordinance
No. 88-453 and was classified RS-1, Single Family Residential District, with an agricultural
and mining overlay district and issued a conditional use permit for a sand and gravel
operation.
G. Parcel D depicted on Exhibit 1, legally described on the attached Exhibit 2,
was annexed to the City on August 23, 1990, pursuant to Ordinance No. 90-561 and was
classified RS-1, Single Family Residential District, with an agricultural and mining overlay
district and issued a conditional use permit for a sand and gravel operation.
H. Owner filed a petition with the City to annex Parcel E to the City's corporate
limits.
I. Parcel E is contiguous to the City's corporate limits and is not located within
the boundaries of any other municipality. Parcel E depicted on Exhibit 1, legally described
on the attached Exhibit 2, shall be annexed to the City by passage of an ordinance and
classified RS-1, Single Family Residential District, with an agricultural and mining overlay
district and issued a conditional use permit for a sand and gravel operation.
J. The parties to this Agreement understand and agree that many of the past
annexation agreements and ordinances relating to Parcels A, B, C and D are confusing
and complicated. The parties desire to enter into this Agreement to annex Parcel E to the
City and comprehensively amend certain provisions of the prior agreements relating to the
annexation fees, developer donation fees, mining operation and reclamation of all of the
parcels.
K. The City has concluded that this Agreement will further the growth of the City,
enable the City to control the development of the area, and serve the best interests of the
City and its inhabitants.
L. Pursuant to 65 ILCS 5/11-15.1-1, et seq., a proposed draft of this Agreement
was submitted to the City and all required public hearings were held thereon.
NOW, THEREFORE, in consideration of the covenants and conditions herein
contained, IT IS HEREBY AGREED AS FOLLOWS:
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Obligations of the City
1. Annexation of Parcel E. Upon execution of this Agreement, the City shall
enact an ordinance annexing Parcel E to the City, including all adjacent streets and
highways, as required bylaw.
2. Zoning Classification of Parcel E. Upon execution of this Agreement, the City
shall enact an ordinance amending the provisions of the City's Zoning Ordinance to classify
Parcel E "RS-1," Single Family Residential District, with an "A-M," Agricultural and Mining
Overlay District, and for the issuance of a Conditional Use therein pursuant to the
Agricultural & Mining Overlay District classification for the operation of a commercial sand
and gravel business, including the extracting, storing, and transporting of sand, gravel, and
other earth materials and for site reclamation. No processing of earth materials shall be
permitted on Parcel E.
3. Zoning Variance on Parcel E. Upon execution of this Agreement, the City
shall enact an ordinance granting a variance to Parcel E from the ten (10) year limitation
for conditional uses contained in Chapter XIII, Section A, paragraph 4 of the City's Zoning
Ordinance. The effect of this variation shall be to automatically extend the ten (10) year
expiration date of May 4, 2008 to May 4, 2018 on the condition that there have been no
substantial or recurring violations of this Agreement, of Federal or State mining,
environmental, and reclamation laws and regulations, or of the City of McHenry Zoning
Ordinance.
4. Zoning Variance on Parcels B, C and D. Upon execution of this Agreement,
the City shall enact an ordinance granting a variance to Parcels B, C and D from the ten
(10) year limitation for conditional uses contained in Chapter XIII, Section A, paragraph 4
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of the City's Zoning Ordinance. The effect of this variation shall be to automatically extend
the ten (10) year expiration date of May 4, 2008 to May 4, 2018 on the condition that there
have been no substantial or recurring.violations of this Agreement, of Federal or State
mining, environmental, and reclamation laws and regulations, or of the City of McHenry
Zoning Ordinance.
5. The City makes no representation or warranty that there will be any municipal
sanitary sewer treatment plant or sanitary sewer main capacity or municipal water available
to serve Parcels A, B, C, D or E at any time during the term of this Agreement. The
provisions of any such service shall be subject to future consideration by the parties.
Obligations of the Owner
6. Annexation Fees if Parcel E is not Mined. With regard to Parcel E, in the
event it is not fully mined in accordance with the overall mining and reclamation plan
referred to in paragraphs 9 and 10, herein, and residential development then occurs, prior
to approval of any plat of subdivision relating to Parcel E, in addition to those fees required
to be paid during the subdivision process, the lump sum of $117,377.00 ($1,000.00 per
acre) shall be paid to the City of McHenry. At the end of each one-year period and
beginning on January 1, 1999, these fees shall be adjusted upward, by the percent which
the Chicago Area Consumer Price Index has moved upwards since December 31, 1998,
and every December 31 thereafter. For purposes of this subparagraph, the price index to
be used for comparative purposes shall be that index published for the annual average
Chicago area CPI-U, as published by the United States Department of Labor, Bureau of
Labor Statistics.
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7. Parcels B and C Annexation Fees.
a. The annexation fees for the Parcels B and C shall be paid in annual
installments, which shall be prepaid on. May 1 of each year whenever mining operations
have been conducted thereon at any time during the preceding year, and shall be
calculated by multiplying 2,000,000 tons times the following fees per ton:
2¢ per ton for the first ten million tons, or until March 31, 1993, whichever event
occurs first;
2.50 per ton for the second ten million tons, or until March 31, 1998, whichever
event occurs first;
3¢ per ton for the third ten million tons, or until March 31, 2003, whichever event
occurs first;
4¢ per ton for the fourth ten million tons, or until March 31, 2008, whichever event
occurs first;
5¢ per ton for the fifth ten million tons, or until March 31, 2013, whichever event
occurs first;
6¢ per ton for the sixth ten million tons, or until March 31, 2018, whichever event
occurs first.
If the per ton rates are increased prior to a scheduled five year, March 31,
increment date, then the parties agree that said amount will not again be
increased until either (1) another five-year period has elapsed following the
increase or (2) another ten million tons are mined, whichever occurs first. In
the event of such an unscheduled increase, the March 31 increase dates
thereafter become void, and future increases shall only occur either (1) after
another five-year period has elapsed or (2) following the mining of another
ten million tons, whichever occurs first.
b. The tons of materials mined and sold from Parcels D and E shall be
added to the tons of materials mined and sold from Parcels B and C for the purposes of
determining the per ton annexation fee rate applicable to Parcels B and C but shall not be
included in calculating the total annual annexation fees due from Parcels B and C. The
parties acknowledge that, as of the date of this Agreement, Parcel D has been fully mined.
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C. On May 1 following the payment of any annual installment, a written
report of the actual tons of materials that were transported for sale from the premises
during the twelve (12) month period preceding April 1 of such year, certified by the Owner's
accountant, shall be filed with the City Clerk. If such report discloses that more than
2,000,000 tons of such materials were sold during such period, it shall be accompanied
with the Owner's payment of a supplemental annexation fee to be computed at the
applicable rate for the year just completed. If such report discloses that less than
2,000,000 tons of materials were transported and sold from Parcels A, B, C, D and E
during such period the Owner shall receive a credit against the next annual annexation fee
installment payment based on the number of tons less than 2,000,000 tons that were sold
during such period to be computed at the applicable rate for the year just completed.
8. Parcel D and E Annexation Fees. Commencing on May 1, 1998, and on
each May 1 anniversary date thereafter until Parcels D and E are mined out
(acknowledging that Parcel D is already mined out) and the mined materials are
transported therefrom for sale, Owner shall pay an annexation fee to the City in the sum
of Seventy -Five Thousand and No/100 ($75,000.00) Dollars for such materials which are
anticipated to be sold therefrom during the twelve (12) month period succeeding April 1 of
each year. On May 1, 1999, and on each May 1 thereafter, a written report by Owner's
accountant shall be filed with the City Clerk certifying the actual number of tons of such
materials sold during the twelve (12) month period preceding April 1 of that current year.
If such report discloses that more than 2,000,000 tons of such materials were sold during
such period, it shall be accompanied with the Owner's payment of a supplemental
annexation fee at the rate of 3.75 cents per ton. If, on the other hand, the report discloses
that less than 2,000,000 tons of such materials were sold, the Owner shall receive a credit
in the sum of which shall be equivalent to 3.75 cents per ton less than 2,000,000 tons that
was sold during such period.
9. Overall Mining Plan; Parcels B, C, D, and E. With regard to Parcels B, C, D
and E, the Owner will extract sand and gravel and other earth materials pursuant to the
overall mining plan in the Meyer Material Company, McHenry -West Operation Addition
C:t
prepared by the Smith Engineering Report Job No. MEYER 967206-10, dated December
1997, attached hereto as Exhibit 3.
10. Reclamation Plan: Parcel E. After each phase is excavated and Owner
commences to excavate' the next phase, the phase just completed will undergo a
reclamation and restoration process to bring it to a condition suitable for crop farming within
eleven (11) months after the commencement of excavation operations on the next phase,
and the reclamation and restoration will be completed according to the Reclamation Plan
in Exhibit 3 within a maximum period of three (3) years after the commencement of
excavation on the said next phase.
11. Storm water Detention -- All Parcels. With regard to Parcels A, B, C, D and
E, the Owner shall construct and maintain on -site detention in the location and manner
directed by the City's consulting engineer.
12. Wash Plant Enclosure. The upper eighteen (18) feet of the wash plant
presently situated on land adjacent to Parcel D shall be enclosed in order that noise to the
surrounding properties be minimized. In the event the City determines this remedy to be
insufficient, additional sections of the wash plant will be enclosed to further minimize the
noise to surrounding properties.
13. Screening.
a. Berms. Owner shall cause the external boundaries of Parcel E to be
fully bermed, with the exception of any boundary fronting on Parcel E which is also subject
to a conditional use permit for mining other earth materials. The specifications for the berm
shall be determined by the City of McHenry and, at a minimum, the berm shall be
constructed in an undulating manner in heights ranging from ten to fifteen feet, with an
exterior slope of 4:1 and the top having a ten -foot width. The east base of the berm shall
be approximately 130-feet east of the center line of Ridge Road. Upon completion of berm
construction along Ridge Road, the Owner shall cause the berm to be seeded as approved
by the City. Upon compliance with the reclamation plan in Exhibit 3 relating to Parcel E,
Owner shall be permitted to remove the berm constructed pursuant to this paragraph.
b. Fencing. Owner shall cause Parcel E to be enclosed by a fence,
similar in design to the fencing already existing along Route 120 north of Parcel C. Along
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Ridge Road, this fence shall be located approximately 30 feet east of the center line of
Ridge Road
C. Landscaping. Within sixty (60) days of execution of this Agreement,
Owner shall pay to the City the sum of Forty -Five Thousand Dollars ($45,000.00), to be
used for landscape plantings along Ridge Road immediately east of the fencing referred
to in paragraph 13b, above, and west of the berm constructed pursuant to paragraph 13a
above. The landscape design and use of the cash paid by the Owner shall be determined
by the City to provide landscape screening along the Parcel E berm. The City will
endeavor to obtain a written guarantee when the landscaping is installed that the plantings
will be maintained, i.e., watered and fertilized, and survive for a minimum period of two (2)
years from planting. In addition, the City will require, as part of the landscaping plan, that
existing trees and bushes that are healthy and serving the purpose of screening will not
be eliminated. For purposes of planting and maintaining the landscaping referred to in this
paragraph, Owner shall permit the City and its contractors reasonable access to Parcel E.
d. Screening Maintenance. At all times during the term of this
Agreement, Owner shall be obligated to maintain the berm and fence constructed pursuant
to the terms of this paragraph 13. Owner's maintenance shall include monthly inspections
of Parcels A-E for debris, damage and necessary improvements, as determined by the
City. Written reports to the City, on a quarterly basis, shall be submitted by the Owner,
detailing its inspections and efforts to comply with this paragraph 13d. With regard to the
landscaping material being planted pursuant to paragraph 13c, following the period of
guarantee received by the City from the landscaping contractor, if any, the Owner shall be
responsible for maintaining the life and quality of the landscape plantings.
14. Required Documentation.
a. The Owner shall request the Department of Mines and Minerals, Land
Reclamation Division, of the State of Illinois, and any and all other agencies that may be
necessary or appropriate, to furnish directly to the City of McHenry the following
department or agency materials and information relating to the Owner's operations on the
aforesaid premises on a current and ongoing basis throughout the time that any operations
are being conducted thereon pursuant to the Conditional Use Permit granted by the City
of McHenry hereunder to the Owners:
Notice of statutory or regulatory violations
Notice of intent to revoke any bond
Inspection reports
Reports regarding reclamation
Annual aerial photography of the premises
Stop work orders
Complaints or other pleadings involving Department or Illinois Environmental
Protection Agency actions or proceedings against Owner's operations
b. The foregoing material and information may be considered by the City
in determining whether or not there has been any substantial or recurring violation of the
conditions of the variance hereby granted during the initial ten (10) year term of the
conditional use which would warrant a revocation by the City of the "automatic" subsequent
ten (10) year term of said Conditional Use Permit or any other action pursuant to this
Agreement or under any of the City Ordinances.
C. Representatives of the City may enter upon the real estate where
such conditional use operations are being conducted at all reasonable times for the
purpose of inspection to determine whether or not the provisions of the Zoning Ordinance
of the City, of the aforesaid Reclamation Plan, and of this Agreement have been complied
with.
15. Performance Bond. Upon execution of this Agreement, Owner shall file with
the City a performance bond in a form and in an amount consistent with the ordinance
requirements of the City. The sufficiency of the performance bond shall be reviewed by
the City every three years until reclamation of the site is concluded.
16. Developer Donation Fees -- All Parcels.
a. With regard to Parcels A, B, C, D and E, prior to the issuance of any
residential unit building permit, the sum of $1,240.00 per unit shall be paid to the City. In
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addition, the sum of $500.00 per residential unit shall be paid to the City upon issuance of
each building permit relating to Parcels A, B, C, D and E. At the end of each one-year
period and beginning on January 1, 1999, these fees shall be adjusted upward, by the
percent which the Chicago Area Consumer Price Index has moved upwards since
December 31, 1998, and every December 31 thereafter. For purposes of this
subparagraph, the price index to be used for comparative purposes shall be that index
published for the annual average Chicago area CPI-U, as published by the United States
Department of Labor, Bureau of Labor Statistics.
b. Owner shall be obligated to pay to the City certain cash donations per
single family dwelling unit developed on the Subject Premises. These cash donations shall
be paid at the time application is made to the City for the issuance of each residential
building permit and calculated in accordance with this paragraph. During the term of this
Agreement, the Owner shall be required to pay the cash donations referred to herein.
C. The cash donations payable by the Owner to the City shall be
calculated as follows:
Type of
Total
Residential
Fire
Contribution
Dwelling Unit
Schools
Park
Library
District
Per Unit
Single Family
Dwellings:
2 Bdrms/Less
$2,071.00
$1,072.00
$234.00
$234.00
$3,611.00
3 Bdrms
3,371.00
1,552.00
234.OQ
234.00
5,391.00
4 Bdrms
4,667.00
1,991.00
234.00
234.00
7.126.00
5 Bdrms/More
4.797.00
1,949.00
234.00
234.00
7,214.00
At the end of each one-year period and beginning on January 1, 1999, the
cash donations due relating to schools, parks, library and fire district, in
accordance with the above chart, shall be adjusted upward by the percent
which the Chicago Area Consumer Price Index has moved upward since
December 31, 1998, and every December 31 thereafter. For purposes of
this subparagraph, the price index to be used for comparative purposes shall
be that index published for the annual average Chicago Area CPI-U, as
published by the United States Department of Labor, Bureau of Labor
Statistics ("Minimum Cash Contribution Amount").
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In the event the Minimum Cash Contribution Amount, as calculated above, is less
than the cash contribution amounts set forth in the City's cash contribution ordinance for
schools, parks, libraries, and fire, districts, as amended from time to time, an amount equal
to the amounts specified in the City's cash contribution ordinance shall be paid, rather than
the Minimum Cash Contribution Amount.
d. In the event the City's cash contribution ordinance, or any other
ordinance of the City relating to developer cash contributions for schools, libraries, parks
and fire districts, is repealed or declared by a court of law to be found unenforceable and
all appeals have been exhausted, Owner agrees to pay, subsequent to such final court
action, the Minimum Cash Contribution Amount set forth in paragraph (a) above. In the
event such a final court order requires the City or School Districts to return or refund
monies paid by the Owner pursuant to the City's ordinances, Owner expressly agrees that
it will allow the City or School Districts to retain the Minimum Cash Contribution Amount
previously paid by Owner. It is the express intent of the Owner to release the City and
School Districts from any liability or obligation to refund the Minimum Cash Contribution
Amount paid pursuant to this paragraph (a) under any circumstances.
e. Owner hereby releases the City from any and all liability or damage
to Owner and waives any right to challenge, by lawsuit or otherwise, the validity, legality
or enforceability of the cash donation provision set forth in this paragraph a or purpose for
which the money is spent.
General Provisions
17. By signing this Agreement Beneficiary binds itself to comply with all of the
obligations of the Owner referenced herein.
18. To the extent that the provisions of this Agreement are in conflict with or
inconsistent with the provisions of any prior annexation agreement relating to Parcels A,
B, C or D, the terms of this Agreement shall control and any other provision not affected
by this Agreement shall remain in full force and effect. Prior annexation agreements which
may be effected by this Agreement include annexation agreements attached to Ordinance
Nos. 76-93, 86-410 and 88-450, relating to Parcel A; 77-121 and 88-451, relating to Parcel
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B; 88-452, 92-605 and 96-785, relating to Parcel C; and 90-560, 92-606 and 96-786,
relating to Parcel D.
19. Except as otherwise specified herein, all City ordinances, as well as state
and federal regulations, shall apply to the Subject Premises, Owner, and all successors
and assigns in title. If, during the term of this Agreement, the provisions of the existing
ordinances and regulations which relate to the development, redevelopment, reclamation,
mining, subdivision, construction of improvements, buildings, appurtenances, and all other
development of any kind and character of the Subject Premises, are amended or modified
in any manner so as to impose more stringent requirements in the development,
redevelopment, reclamation, mining, subdivision, or construction referred to therein, such
increased requirements shall, unless otherwise excepted herein, be effective as applied
to the Subject Premises so long as such amendments or modifications are
nondiscriminatory in their application and effect throughout the City (excepting those
developments in the City having annexation agreements - past, present, or future -
providing otherwise).
If, during the term of this Agreement, except as otherwise specifically agreed upon
in this Agreement, any existing, amended, modified, or new ordinances, codes or
regulations affecting the zoning, subdivision, development, redevelopment, reclamation,
mining, construction of improvements, buildings or appurtenances, or any other
development of any kind or character upon the Subject Premises, are amended or modified
in a manner which imposes less restrictive requirements on development of, or
construction upon, properties in similarly zoned or developed parcels within the City, then
the benefit of such less restrictive requirements shall inure to the benefit of the Owner, and
the Owner may elect to proceed with respect to the development of, or construction upon,
the Subject Premises with the less restrictive amendment or modification applicable
generally to all properties within the City.
20. All obligations of the Owner in this Agreement, including monetary obligations
in existence now, as well as those which may come to exist in the future as a result of this
Agreement, shall constitute covenants running with the land; and such monetary
obligations shall also be liens upon the land. Owner hereby consents to the filing of a lien
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on the Subject Premises for which the obligations are owned when any obligations are
more than ninety (90) days overdue.
21. It is understood and agreed by the parties hereto that time is of the essence
of this Agreement, and that all of the parties will make every reasonable effort, including
the calling of special meetings, to expedite the subject matter hereof. It is further
understood and agreed by the parties that the successful consummation of this Agreement
requires their continued cooperation.
22. If any provision of this Agreement is declared invalid or illegal by a court of
competent jurisdiction, then said provision shall be excised herefrom and the remainder
of the Agreement shall not be affected thereby.
23. It is agreed by the parties. that the Standards for Operations found in Chapter
XIII, Section B, pages 333-336 of the City's Zoning Ordinance, as existing on the date of
this Agreement, shall regulate the Owner's activities and the operations on the premises
during the twenty (20) year term of this Agreement, and the provisions contained therein
shall not be altered or amended as they apply to the premises in question.
24. This Agreement shall be binding on the parties hereto, their respective
successors, grantees, or assigns for a term of twenty (20) years from the execution of this
Agreement.
25. In the event suit is filed by any party to this Agreement, the prevailing party
shall be entitled to recover, in addition to costs otherwise recoverable, its reasonable
attorneys' fees incurred.
26. This Agreement shall be enforceable only in a State Court of competent
jurisdiction by any of the parties or by an appropriate action at law or in equity to secure
the performance of the covenants and agreements herein contained. It is the intention of
the parties hereto that no action at law or in equity may ever be filed by them in any
Federal Court in connection with this Agreement.
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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 hereto, all on the day and year first
above written.
CITY OF McHENRY,
a Municipal Corporation
By:
,�Zz
s ayor
Attes � -P-
City Clerk
MEYER MATERIAL COMPANY,
an Illinois General Partnership
By: AIC-Meyer, L.L.C., eneral Partner
and Meyer Mater' Acquisition Corporation,
The Managingflember General Partner
By:
eve . Warn e, their authorized agent
THE CHICAGO TRUST COMPANY, SUCCESSOR
TRUST TO CHICAGO TITLE & TRUST COMPANY,
NOT INDIVIDUALLY, BUT AS TRUSTEE
UNDER THE PROVISIONS OF A TRUST
AGREEMENT DATED JULY 17, 1968, AND
KNOWN AS TRUST NO. 53278
By:
Its:C`,....�f
San -
Attest:
Its:
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EXECUTION WITH EXCULPATORY CLAUSE FOR THE CHICAGO TRUST COMPANY,
TRUSTEE UNDER TRUST 953278 ATACHED TO AND MADE A PART OF THAT
ANNEXATION AGREEMENT AND AMENDMENT OF PREVIOUS ANNEZATION
AGREEMENTS RELATING TO MEYER MATERIAL PROPERTY ON ROUTE 120 MCHENRY,
ILLINOIS dated April 28, 1998 to CITY OF McHENRY
It is expressly understood and agreed by and between the parties hereto, anything to the
contrary notwithstanding, that each and all of the warranties, indemnities, representations,
covenants, undertakings and agreements herein made on the part of the Trustee while in
form purporting to be the warranties, indemnities, representations, covenants, undertakings
and agreements of said Trustee are nevertheless each and every one of them, made and
intended not as personal warranties, indemnities, representations, covenants, undertakings
and agreements by the Trustee or for the purpose or with the intention of binding said
Trustee personally but are made and intended for the purpose of binding only that portion
of the trust property specifically described herein, and this instrument is executed and
delivered by said Trustee not in its own right, but solely in the exercise of the powers
conferred upon it as such Trustee; and that no personal liability or personal responsibility
is assumed by nor shall at any time be asserted or enforceable against The Chicago Trust
Company, on account of this instrument or on account of any warranty, indemnity,
representation, covenant or agreement of the said Trustee in this instrument contained,
either expressed or implied, all such personal liability, if any, being expressly waived and
released. mm _
Date: 04-28-98 t t
C
The Chicago Trust Company,
as Trustee aforesaid and not personally
By:
Assistant Secretary
STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
STEVEN C. WARNKE, being first duly sworn upon oath, deposes and says that he
is the President of MEYER MATERIAL COMPANY, an Illinois General Partnership; that
he has read the foregoing Annexation Agreement by him subscribed; that he has personal
knowledge of the contents thereof and that the contents thereof are true in substance and
in fact; and that he has the power to execute this Agreement on behalf of MEYER
MATERIAL COMPANY.
SUBSCRIBED and SWORN TO before me
this0276,1— day of 199 8' =Public,
EAL"
AI
e of Illinois
Sept. 15�2001
No ary Public
15
EXHIBIT 1
ANNEXATION AGREEMENT AND AMENDMENT OF
PREVIOUS ANNEXATION AGREEMENTS
RELATING TO MEYER MATERIAL PROPERTY
ON ROUTE 120, MCHENRY, ILLINOIS
01997RoCAfO& Map PUb1S,-U7C-
EXHIBIT 2
ANNEXATION AGREEMENT AND AMENDMENT OF
PREVIOUS ANNEXATION AGREEMENTS
RELATING TO MEYER MATERIAL PROPERTY
ON ROUTE 120, MCHENRY, ILLINOIS
Parcel A:
All those parts of Sections 28 and 29 in Township 45 North, Range 8 East of the
Third Principal Meridian bounded by a line described as follows, to -wit:
Commencing at the point of intersection of the East line of the West Y2 of Section
28 with the North right of way line of Route 120; thence Northwesterly & Westerly
along Northeasterly & North right of way Route 120 to a point 581.69 feet West of
the West line of the East '/2 of the Northeast % of Section 29, thence South
1938.41 feet, thence East on a line parallel to the South line of the Northeast'/
of Section 29,577.41 feet to the intersection with the West line of the East Y/2 of
the North East'/ of Section 29, thence Northerly 55.94 feet, thence Easterly on a
line parallel to and 797.94 feet North of the South line of the Northeast'/4 of
Section 29 and said line projected East to the West line of lot 10 in Sherman Hill
Industrial Subdivision, thence Northerly to the Northwest corner of Lot 10, thence
Easterly along the South right of way line of Dot Street to a point on the West line
of Lot 1, thence South on the West line of Lot 1 to the Southwest corner of Lot 1,
thence East on the South line of Lot 1 and said line extended to the centerline of
Draper Road which is the East line of the West'/2 of Section 28, thence North on
the East line of the West Y2 Section 28 to the place of beginning, all in McHenry
County, Illinois.
Parcel B:
The South Half of the South Half of Section 29 (excepting the South Half of the
Southeast Quarter of Section 29; ALSO excepting that part of the South Half of
the Southwest Quarter of Section 29, described as follows: Beginning at the
Northeast Corner of the South Half of the Southwest Quarter of Section 29 and
running thence West on the North line thereof for a distance of 925 feet to a
point; thence South at right angles to the last described line at the last described
point for a distance of 400 feet to a point; thence Southeasterly on a line forming
an angle of 30 degrees and 30 minutes to the left with a prolongation of the last
described line, at the last described point, for a distance of 285 feet to a point;
thence Southeasterly in a straight and direct line to a point on a line drawn 425
feet West of and parallel to the East line of the South Half of the Southwest
Quarter of said Section 29, said point also being 510 feet North of the South line
thereof; thence South parallel to the East line thereof for a distance of 250.03
feet to a point; thence Southwesterly in a straight and direct line to a point which
is 200.02 feet North of the South line thereof and also being on a line 475 feet
West of and parallel to the East line of the South Half of the Southwest Quarter of
said Section 29; thence South on the last mentioned parallel line for a distance of
200.02 feet to the South line thereof; thence East on said South line to the
Southeast corner of the Southwest Quarter of Section 29 aforesaid; thence North
to the place of beginning), also (excepting therefrom the following -described
premises, to wit: That part of the South Half of the Southwest Quarter of Section
29, described as follows: Commencing at the Northeast Corner of the South Half
of the Southwest Quarter of Section 29 and running thence West on the North
line thereof for a distance of 925 feet for a place of beginning; thence South at
right angles to the last described line, at the last described point, for a distance of
400 feet to a point; thence Southeasterly on a line forming an angle of 30
degrees and 30 minutes to the left with a prolongation of the last described line,
at the last described point, for a distance of 285 feet to a point; thence
Southeasterly in a straight and direct line to a point on a line drawn 425 feet West
of and parallel to the East line of the South Half of the Southwest Quarter of said
Section 29, said point also being 510 feet North of the South line thereof; thence
South parallel to the East line thereof for a distance of 250.03 feet to a point;
thence Southwesterly in a straight and direct line to a point which is 200.02 feet
North of the South line thereof and also being on a line 475 feet West of and
parallel to the East line of the South Half of the Southwest Quarter of said
Section 29; thence South on the last mentioned parallel line for a distance of
200.02 feet to the South line thereof; thence West on said South line, a distance
of 200.01 feet to the intersection with a line drawn 675 feet West of and parallel
with the East line of the South Half of the Southwest Quarter of said Section 29;
thence Northerly along the last described parallel line, a distance of 146.47 feet;
thence Northwesterly along a line forming an angle of 31 degrees, 39 minutes,
16 seconds to the right with a prolongation of the last described line, a distance
of 981.75 feet; thence Northerly along a line forming an angle of 31 degrees, 41
minutes, 26 seconds to the right with a prolongation of the last described line, a
distance of 332.15 feet, to the Northerly line of the South Half of the Southwest
Quarter of said Section 29; thence Easterly along said Northerly line, a distance
of 265.24 feet, to the point of beginning) and the East Half of the Southeast
Quarter of Section 30, all in Township 45 North, Range 8 East of the Third
Principal Meridian, in McHenry County, Illinois.
Parcel C:
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
EXHIBIT 2 Page 2 of 5
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
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.
EXHIBIT 2 Page 3 of 5
Parcel D:
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; and
Parcel E:
The Northwest Quarter of the Southeast Quarter of Section 30 and the
North 1/2 of the Southwest 1/4 of the Southeast 1/4 of Section 30 (except
any part thereof lying South of the North line of the property conveyed by
Document No. 699743, described as follows: The South 495.76 feet of
the North 1/2 of the Southwest 1/4 of the Southeast 1/4 of Section 30);
ALSO the West Half of the Northeast Quarter of Section 30 (except that
part of the West Half of the Northeast Quarter of Section 30, Township 45
North, Range 8 East of the Third Principal Meridian, described as follows:
Commencing at the Northwest corner of said Northeast Quarter of Section
30 for the place of beginning of this description; thence Southerly along
the West line of said Northeast Quarter, a distance of 100.00 feet to a
point; thence Easterly along a line forming an angle of 90 degrees, 00
minutes, 00 seconds to the left, with the last described line extended, a
distance of 30.00 feet to a point; thence Northeasterly along a line forming
an angle of 53 degrees, 55 minutes, 40 seconds to the left, with the last
described line extended, a distance of 50.13 feet to a point; thence
Easterly along a line forming an angle of 53 degrees, 25 minutes, 40
seconds to the right, with the last described line extended, a distance of
300.00 feet to a point; thence Northeasterly along a line forming an angle
of 16 degrees, 42 minutes, 00 seconds to the left, with the last described
line extended, a distance of 104.40 feet to a point; thence Northerly along
a line forming an angle of 73 degrees, 18 minutes, 00 seconds to the left,
with the last described line extended, a distance of 30 feet, more or less,
to a point in the North line of the Northeast Quarter of Section 30
aforesaid; thence Westerly along said North line, a distance of 459.00 feet
to the place of beginning), ALSO (except that part of the West Half of the
Northeast Quarter of Section 30, Township 45 North, Range 8 East of the
Third Principal Meridian, described as follows: Commencing at the
Northwest corner of the Northeast Quarter of said Section 30, said corner
also being on the Center line of FAP Route 21 (Illinois Route 120); thence
South 89 degrees, 51 minutes East along the Center line of FAP Route 21
for a distance of 459.0 feet to a point on the East line of a tract of land
acquired by State of Illinois, known as Tract 0001 as set forth in Vesting
Order filed on November 26, 1968, as Case No. 68-2578 in the Office of
the Clerk of the Circuit Court in McHenry County, Illinois, for a place of
beginning; thence North 0 degrees, 09 minutes East along said East line,
for a distance of 3.9 feet to a point on the North line of said Section 30;
thence North 89 degrees, 40 minutes East along said North line of Section
EXHIBIT 2 Page 4 of 5
30, for a distance of 855.7 feet to a point on the East line of the West Half
of the Northeast Quarter of said Section 30, said point being 8.4 feet
radially distant Northerly of the Center line of FAP Route 21; thence South
0 degrees, 20 minutes East along said East line, for a distance of 48.4 feet
to a point, being 40.0 feet radially distant Southerly of the Center line of
FAP Route 21; thence Westerly along a curve to the right, having a radius
of 68819.5 feet, said curve being concentric with and 40.0 feet radially
distant Southerly of the Center line of FAP Route 21, for a distance of
624.0 feet; thence North 89 degrees, 51 minutes West along a line being
parallel to and 40.0 feet normally distant Southerly of the Center line of
FAP Route 21, for a distance of 265.4 feet to a point on the Southeasterly
line of the aforementioned Tract 0001; thence North 73 degrees, 27
minutes East along said Southeasterly line, for a distance of 34.8 feet to a
point on the previously described East line of Tract 0001, said point being
30.0 feet normally distant Southerly of the Center line of FAP Route 21;
thence North 0 degrees, 09 minutes East along said East line, for a
distance of 30.0 feet to the place of beginning) ALSO (excepting the West
420.00 feet of the North 625.00 feet of the West Half of the Northeast
Quarter of said Section 30), all in Township 45 North, Range 8 East of the
Third Principal Meridian, in McHenry County, Illinois.
EXHIBIT 2 Page 5 of 5