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Home My WebLink AboutOrdinances - O-99-935.A - 06/14/1999 - AUTHORIZE FIRST AMENDMENT ANNEX AGMT PACINI GROUPORDINANCE NO. 1-99-935A AN ORDINANCE AUTHORIZING THE EXECUTION OF THE FIRST AMENDMENT TO AN ANNEXATION AGREEMENT WITH THE PACINI GROUP FOR PROPERTY ON THE NORTH SIDE OF BULL VALLEY ROAD, ONE-HALF MILE EAST OF CRYSTAL LAKE ROAD, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, The City of McHenry and the record owner and developer desire to amend the Annexation Agreement dated November 23, 1998, and recorded as Document No. 99-20-2627 to allow for the construction of certain townhouses that include units that are constructed one on top of the other; 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 amended agreement before the Corporate Authorities of the City of McHenry; and WHEREAS, the Corporate Authorities of the City of McHenry have held the public hearing as required by law and have found that entry into said amended agreement is in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The First Amendment to the Pacini Annexation Agreement, bearing the date of JUNE 14, 1999, between the CITY OF MCHENRY, a municipal corporation, in the County of McHenry, State of Illinois ("CITY"), and PARKWAY BANK AND TRUST COMPANY, not individually, but as Trustee under Trust Agreement dated October 7, 1993, and known as Trust No. 10693 ("Trust"), LEWIS PACINI and LOIS PACINI ("Beneficiaries") and THE PACINI GROUP LLC, an Illinois Limited Liability Company ("Developer"), 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 "First Amendment to the Pacini Annexation Agreement". SECTION 2: The Mayor and City Clerk are hereby authorized to affix their signatures as Mayor and City Clerk to said amended agreement for the uses and purposes therein set forth. SECTION 3: All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict.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 i 4TW DAY OF iiini[ , 1999 AYS: BOLGER, GLAB, MCCLATCHEY, BAIRD, CUDA NAYS: MURGATROYD ABSTAINED: WQWF ABSENT: NOT VOTING: NONE NONE APPROVED THIS 14 DAY OF .111NF , 1999 ATTEST: (D- 11z CITY CLERK -MAYOR r. FIRST AMENDMENT TO THE PACINI ANNEXATION AGREEMENT This Agreement made and entered into this 30Tx day of JUNE 1999 by and between the CITY OF MCHENRY, a municipal corporation, in the County of McHenry, State of Illinois ("CITY"), and PARKWAY BANK AND TRUST COMPANY, not individually, but as Trustee under Trust Agreement dated October 7, 1993, and known as Trust No. 10693 ("Trust"), LEWIS PACINI and LOIS PACINI ("Beneficiaries") and THE PACINI GROUP LLC, an Illinois Limited Liability Company ("Developer"). The Trust, Beneficiaries, and Developer shall hereinafter collectively be referred to as "OWNERS' RECITALS A. The CITY and OWNERS entered into an Annexation Agreement dated November 23, 1998, and recorded as Document No. 99-20-2627 ("Agreement"), for certain real estate located on the north side of Bull Valley Road, east of the intersection with Crystal Lake Road. B. The real estate subject to the Agreement is legally described on "Exhibit A", attached hereto and made a part hereof by reference. C. The CITY and OWNERS desire to amend the Agreement to allow for the construction of certain townhouses that include units that are constructed one on top of the other. D. This amendment to the Agreement is made pursuant to and in accordance with the provisions of 65 ILCS 5/11-15.1-1, et seq., of the Illinois Municipal Code. E. Prior to the date of this amendment to the Agreement, all public hearings were held upon proper notice and publication as are required for the CITY to effect the terms herein. NOW, THEREFORE, for and in consideration of their respective agreements set out herein, the CITY and OWNERS hereby agree as follows: I. That Section VII, I, Development Concerns, of the Agreement shall be amended by inserting the following new paragraph: 17. That the design and layout of townhouses to be constructed on the SUBJECT PROPERTY shall be in substantial conformance with the floor plans and elevation attached hereto and by this reference incorporated herein as "Exhibit B". No other townhouse units shall be permitted without the prior consent of the Mayor and City Council. Notwithstanding the foregoing, nothing herein is intended to waive or otherwise release the OWNERS from constructing such townhouse units in accordance with all applicable codes and ordinances of the CITY. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date indicated above. TRUST PARKWAY BANK AND TRUST COMPANY, not individually, but as Trustee Under Trust Agreement dated October 7, 1993, And known as Trust No. 10693 By: �- 10 Ann Kubinski Print Nke: Its: Assistant Trust C fScer DEVELOPER THE PACINI GROUP LLC, an Illinois Limited Liability Company B P� v I A,, t Print Name: Its: I this Agreement is signed by Parkway Bank 5 Trust Co.. not individually but solely as Trustee under a certain Trust Agreement ]mown as Trust No ... 16-42R.�. Sa:l Trust Agreement is hereby made a part hereof and any claims against said Trustee which may result from the signing of this Agreement shall be payable only out of any trust property which may b- held then,.under, and said Trustee shall not be personally hcble for the perfcrmence of any of the terns and conditions of this agreem=nt or for the validity or condition of the title of said property or for any agreement with respect thereto. Any and all personal licbihty of .'arkway Bank and Trust Co., is hereby expressly wrsrved by th@ Mies hereto and their respective auc essoro and assigns. CITY OF MCHENRY MAYOR BENEFICIARIES LEWIS PACINI OIS PACINI PARKWAY BANK & TRUST COMPANY IS EXECUTING THIS DOCUMENT SOLELY IN IT'S CAPACITY AS LAND TRUSTEE WITH THE AUTHORIZATION AND CIRECTION OF IT'S BENEFICIARY AND HAS NO PERSCPJAL KNOWLEDGE OF ANY OF THE FACTS OR STATEMENTS CONTAINED HEREIN NOR THE ABIL- ITYTO PERFORM ANY OF THE ACTS ASSO IATEDTHEREWITH. K EXHIBIT A Part of the Northwest Quarter of Government Lot 1 of Section 3, Township 44 North, Range 8, East of the Third Principal Meridian, being described as follows: Beginning at the intersection of the south line of the Northwest Quarter of Government Lot 1 with the Westerly right-of-way line of the Chicago and Northwestern Railway Company; thence South 89 degrees 09 minutes 06 seconds West along the south line of said Northwest Quarter, 1115.12 feet; thence North 0 degrees 50 minutes 44 seconds West, 666.60 feet to the north line of the South 10 chains and 10 links of said Northwest Quarter; thence North 89 degrees 09 minutes 16 seconds East along said north line, 1499.30 feet to the Westerly right-of-way line of the Chicago and Northwestern Railway Company; thence South 29 degrees 07 minutes 01 seconds West along said Westerly right-of-way line, 769.24 feet to the place of beginning, in McHenry County, Illinois. gitNoe rr b t ors ex"t 61r g Z of S ARCHITECTURAL RESOURCES W. Alex Telpel - Arohltsot nmer�c a rtth RE -RED•': ` 427 West State street Li # ITECT i o. O17251 :� ✓-6' 9............... l d1, B Geneva, Illinois 60124 inane 9a9 177t ��