HomeMy WebLinkAboutOrdinances - ORD-00-970 - 07/19/2000 - AUTHORIZE AMEND TO ANNEX AGRMT 5301 VULL VALLEY RDORDINANCE NO. ORD-00-970
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE
ANNEXATION AGREEMENT FOR A 5-ACRE PROPERTY AT THE SOUTHWEST
CORNER OF BULL VALLEY AND CRYSTAL LAKE ROADS, WHICH INCLUDES AN
EXISTING AMOCO SERVICE STATION AT 5301 BULL VALLEY ROAD,
IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, The City of McHenry and the record owner, Amoco Oil Company, desire
to amendment to the Annexation Agreement passed by the City Council on August 2, 1989,
recorded as Document Number 89R-033619, and executed October 2, 1989, to facilitate
the resubdivision and expansion of the Amoco station property, a Zoning Map Amendment,
and an amendment to an existing Conditional Use Permit; 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: That the Amendment to Annexation Agreement, bearing the date of
JULY 19, . 2000, between the City of McHenry, a Municipal Corporation in
the State of Illinois, and Amoco Oil Company, a Maryland Corporation, be and the same is
hereby approved. A complete and accurate copy of said amended agreement is attached to
this ordinance and incorporated herein by reference as "Amendment to Annexation
Agreement".
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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hereof are hereby repealed to the extent of such conflict.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 19TH DAY OF JULY 12000
NAYS: NONE.
ABSTAINED: NONE -
ABSENT: NONE.
NOT VOTING: NONE.
APPROVED THIS i 9TH DAY OF jijLy 7 2000
ATTEST:
CITY CLERK/—
L
AYOR
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AMENDMENTTO
ANNEXATION AGREEMENT
THIS AMENDMENT TO THE ANNEXATION AGREEMENT (the
"AMENDMENT") is made and entered into as of the. 19tt' day of July, 2000, 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 Amoco Oil Company, a Maryland corporation (hereinafter
referred to as "OWNER").
WITNESSETH
WHEREAS, Amoco Oil Company, a Maryland Corporation, is the record
owner of a certain 5.0 acre parcel of real estate located at the southwest corner
of the intersection of Bull Valley Road and Crystal Lake Road, in Nunda
Township, McHenry County, Illinois, legally described in Exhibit A (the
"PROPERTY"); and
WHEREAS, the CITY annexed this property in accordance with an
Annexation Agreement (the "ORIGINAL AGREEMENT") passed by the
CORPORATE AUTHORITIES on August 2, 1989 and recorded as Document
Number 89R-033619 in the official records of McHenry County; and
WHEREAS, Amoco has recently submitted requests to the CITY for
rezoning of a portion of the PROPERTY, minor amendments to an existing
conditional use permit, and a resubdivision of the PROPERTY; and
WHEREAS, the requested resubdivision will result in the expansion of the
boundaries of the property currently used for an Amoco service station and
related facilities; and
WHEREAS, the remaining portion of Amoco's PROPERTY has heretofore
been undeveloped but is not proposed for development as an office
condominium project; and
WHEREAS, both Amoco and the CITY agree that the ORIGINAL
AGREEMENT should be amended in conjunction with the requested approvals
earlier described.
NOW, THEREFORE, for and in consideration of the mutual covenants and
agreements herein contained and other good and valuable consideration, the
receipt and sufficiency of which are hereby expressly acknowledged, it is hereby
agreed by and between the parties hereto as follows:
1 . All capitalized terms used herein and not defined herein shall have
the meanings ascribed to such terms as set forth in the ORIGINAL
AGREEMENT.
2. The term "Agreement" as used in this AMENDMENT and in the
ORIGINAL AGREEMENT shall mean the ORIGINAL AGREEMENT as amended
by this AMENDMENT.
3. The ORIGINAL AGREEMENT shall be amended as follows:
a. Sections 7(A)(1), (A)(2), (A)(3), and (A)(5) shall be deleted in their
entirety.
b. The legal description of Parcel 1 attached hereto as Exhibit B shall
be substituted for the legal description of Parcel 1 contained in the
ORIGINAL AGREEMENT immediately preceding Paragraph 7(B).
C. The first sentence of Section 7(13) shall be amended and restated
so that the phrase "Except as otherwise requested by the OWNER and
any entity duly authorized by the OWNER," precedes the first word in such
sentence.
d. The legal description of Parcel 2 attached hereto as Exhibit C shall
be substituted for the legal description of Parcel 2 contained Section 7(13)
of the ORIGINAL AGREEMENT.
e. The first sentence of Section 15 shall be amended and restated so
that the phrase "Except as otherwise requested by the OWNER and any
entity duly authorized by the OWNER," precedes the first word in such
sentence.
f. Section 16 shall be amended by the addition of the following
sentence at the conclusion of the Section: "During the term of this
Agreement or otherwise, OWNER shall be permitted to submit Plats of
Resubdivision for the CITY'S approval, and such Plats need not contain
provisions for the buffers specified by subparagraphs (a) and (d) of this
Section 16."
9. Section 19 shall be amended by the substitution of the number
twenty (20) for the number fifteen (15).
4. This AMENDMENT may be executed in any number of
counterparts, and each of which when so executed shall be deemed an original,
and all of which, taken together, shall constitute one and the same instrument.
(THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK)
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IN WITNESS WHEREOF, the parties hereto have executed this
AMENDMENT on the day and year first above written.
ATTEST:
City Clerk
;CI;T LYO F M CA; IN R Y
Mayor
AMOCO OIL COMPANY, a Maryland
Corporation
BY: � A '/'
0
W4 awl
The property affected by the Annexation Agreement to be'amended consists of 4.96 acres, more
or les-s,'and is located in the soutbwestern quadrant of the intersection of Bull Valley and Crystal
Lake Roads, which is legally described as follows:
LOTS I AND 2 IN AMOCO M-1 SUBDIVISION OF PART OF THE -NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 44
NORTK RANGE 8 EAST OF THE THRD PRINCIPAL MERIDIAN ACCORDING
TO THE PLAT OF SAID SUBDIVISION RECORDED JULY 19,1995 AS
DOCUMENT NO. 95R-028590, IN MCHENRY COUNTY, ILLINOIS.
PINs: 14-04401-002 and 14-04401-001.
LOTS 1 * AND 2 R4. AMOCO M- I'SUBDIVISION OF PART OF THE NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 44.
NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING
TO THE PLAT OF SAID SUBDIVISION RECORDED JULY 19,1995 AS
DOCUMENT NO. 95R-028590, IN MCHENRY COUNTY, ILLINOIS, EXCEPTING
THEREFROM THE FOLLOWING:
THAT PART OF LOT 2 IN AMOCO M- 1 SUBDIVISION, BEING PART OF THE
NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4,
TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN
ACCORDING TO THE PLAT THEREOF RECORDED JULY 19,1995 AS
DOCUMENT NO. 95R-028590, DESCRIBED AS FOLLOWS: BEGINNING AT
NORTHWEST CORNER OF SAID LOT 2; THENCE EASTERLY ON THE NORTH -
LINE OF SAID LOT 2 ON A CURVE, CONCAVE SOUTHERLY, HAVING A
RADIUS OF 1382.40 FEET, AN ARC DISTANCE OF 262.61 FEET AND CHORD
BEARING SOUTH 78 DEGREES 50 MR�UTES 13 SECONDS EAST; THENCE
SOUTH 37 DEGREES 53 MJNUTES 23 SECONDS WEST, 185.00 FEET; THENCE
SOUTH 13 DEGREES 03 MRTUTES 12 SECONDS WEST, 23.61 FEET; THENCE
SOUTH 52 DEGREES 06 Nl-lNUTES 37 SECONDS EAST, 215.00 FEET TO THE
EASTERLY LINE OF SAID LOT 2; THENCE SOUTHERLY ON SAID EASTERLY
LINE OF LOT 2 ON A CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF
14283.60 FEET, AN ARC DISTANCE OF 7.92 FEET AND CHORD BEARING
SOUTH 3 8 DEGREES 0 1 MRTUTES 37 SECONDS WEST TO A POINT OF
TANGENCY; THENCE SOUTH 38 DEGREES 02 NM4UTES 34 SECONDS WEST,
ALONG SAID EASTERLY LINE OF LOT 2,250.36 FEET; THENCE SOUTH 88
DEGREES 56 MINUTES 54 SECONDS WEST, ALONG THE SOUTH LINE OF SAID
LOT 2,313.55 FEET; THENCE NORTH 16 DEGREES 21 Nf(NUTES 35 SECONDS
EAST, ALONG THE WESTERLY LINE OF SAID LOT 2,584.65 FEET TO THE
POINT OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS.
ALSO KNOWN AS:
".OPOSED LOT 1 IN AMOCO M-1 RESUBDIVISION, BEING A RESUBDIVISION OF
)TS 1 AND 2 IN AMOCO M-1 SUBDIVISION OF PART OF THE NORTHWEST
JARTER OF TEE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 44 NORTH,
kNGE 8 EAST OF THE THIRD PRINCIPAL 1',ERIDLAN.
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1 WA a, i :
THAT PART OF,LOT 2 IN AMOCO M-1 SUBDIVISION, BEING PART OF THE
NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4,
TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL NMRIDIA14
ACCORDING TO THE PLAT THEREOF RECORDED JULY 19,1995 AS
DOCUMENT NO. 95R-028590 IN MCHENRY COUNTY, ILLINOIS, DESCRIBED
AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 2;
THENCE EASTERLY ON THE NORTH LINE OF SAID LOT 2 ON A CURVE,
CONCAVE SOUTHERLY, HAVING A RADIUS OF 1382.40 FEET, AN ARC
DISTANCE OF 262.61 FEET AND CHORD BEARING SOUTH 78 DEGREES 50
MINUTES 13 SECONDS EAST; THENCE SOUTH 37 DEGREES 53 NUNUTES 23
SECONDS WEST, 185.00 FEET; THENCE SOUTH 13 DEGREES 03 MINUTES 12
SECONDS WEST, 23.61 FEET; THENCE SOUTH 52 DEGREES 06 NT[llUTES 37
SECONDS EAST, 215.00 FEET TO THE EASTERLY LINE OF SAID LOT 2;
THENCE SOUTHERLY ON SAID EASTERLY LINE OF LOT 2 ON A CURVE,
CONCAVE WESTERLY, HAVING A RADIUS OF 14283.60 FEET, AN ARC
DISTANCE OF 7.92 FEET AND CHORD BEARING SOUTH 38 DEGREES 01
MINUTES 37 SECONDS WEST TO A POINT OF TANGENCY; THENCE SOUTH 38
DEGREES 02 MINUTES 34 SECONDS WEST, ALONG SAID EASTERLY LINE OF
LOT 2,250.36 FEET; THENCE SOUTH 88 DEGREES 56 MIN=S 54 SECONDS
WEST, ALONG THE SOUTH LINE OF SAID LOT 2,313.55 FEET; THENCE
NORTH 16 DEGREES 21 MRTUTES 35 SECONDS EAST, ALONG THE WESTERLY
LINE OF SAID LOT 2,584.65 FEET TO THE POINT OF BEGINNING, IN
MCBENRY COUNTY, ILLINOIS.
ALSO KNOWN AS:
PROPOSED LOT 2 IN AMOCO M-1 RESUBDIVISION, BEING A RESUBDIVISION OF
LOTS I AND 2 IN AMOCO M-1 SUBDIVISION OF PART OF THE NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SEC-RON 4, TOWNSHIP 44 NORTH,
RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN.
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