HomeMy WebLinkAboutOrdinances - ORD-03-1170 - 10/06/2003 - AUTHORIZE 3RD AMDMT ANNEX AGMT BUSCH-KNOX FOR WINDORDINANCE NO.ORD-03-1170
AN ORDINANCE AUTHORIZING THE EXECUTION OF THE
THIRD AMENDMENT TO THE BUSCH-KNOX ANNEXATION AGREEMENT
FOR PROPERTY LOCATED ON THE NORTH SIDE OF BULL VALLEY ROAD AND
EAST OF GREEN STREET, IN MCHENRY COUNTY, ILLINOIS
WHEREAS, Windsor Lifecare LLC is the legal owner of record and Robert L.
Niebauer is the contract purchaser of the real estate located on the north side of Bull
Valley Road, east of Green Street, in McHenry County, Illinois; 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 Amendment to the Annexation 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 Third Amendment to the Busch -Knox Annexation Agreement,
bearing the date of nCTOBER 6 f 2003, between Windsor Lifecare, LLC,
("OWNER"), Robert L. Niebauer ("CONTRACT PURCHASER"), Professional Realty
and Development Corporation — Illinois (PRDC, the "DEVELOPER"), and the City of
McHenry, Illinois, an Illinois municipal corporation (the "CITY") be and the same is
hereby approved. A complete and accurate copy of said annexation agreement,
labeled "Third Amendment to Busch -Knox Annexation Agreement", is attached to this
ordinance and incorporated herein by reference.
SECTION 2: The Mayor and City Clerk are hereby authorized to affix their
signatures as Mayor and City Clerk to said annexation 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provisions hereof are hereby repealed to the extent of such conflict.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 6TH DAY OF OCTOBER , 2003
AYES: BOLGER, LOW, MURGATROYD, WIMMER, PETERSON.
NAYS: G LAB
ABSTAINED: NONE
ABSENT: CONDON
NOT VOTING: NnNF
APPROVED THIS 6TH DAY OF OCTOBER , 2003
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THIRD AMENDMENT
TO THE BUSCH-KNOX-
ANNEXATION AGREEMENT
This Third Amendment ("AMENDMENT") is made and entered into this
f,a day of nunug , 2003 between Windsor Lifecare, LLC, ("OWNER"),
Robert L. Niebauer ("CONTRACT PURCHASER"), Professional Realty and
Development Corporation — Illinois (PRDC, the "DEVELOPER"), and the City of
McHenry, Illinois, an Illinois municipal corporation (the "CITY").
RECITALS
WHEREAS, the OWNER, CITY and certain other parties previously
entered into the Busch Knox Annexation Agreement (the "ORIGINAL
ANNEXATION AGREEMENT"), dated as of April 28, 1995, and recorded as
Document No. 95R017527, the First Amendment to the Busch Knox Annexation
Agreement (the "FIRST AMENDMENT"), dated as of October 2, 1996
96R059136, and the Second Amendment to the Busch Knox Annexation
Agreement (the "SECOND AMENDMENT"), dated as of November 17, 1999, and
recorded as Document No. 2000R0001366, all in the Office of the County
Recorder of McHenry, Illinois, pursuant to which, among other things, the CITY
annexed the Land and allowed certain land uses on the Subject Property
thereunder. The ORIGINAL ANNEXATION AGREEMENT, THE FIRST
AMENDMENT, THE SECOND AMENDMENT and this AMENDMENT as may be
further amended are collectively called the "ANNEXATION AGREEMENT."
WHEREAS, the SECOND AMENDMENT allowed the OWNER to
construct a facility with 90 age restricted condominium units for senior
independent living, together with food service, limited retail activities, appurtenant
office and mechanical areas, and enclosed garages (collectively referred to as
"IMPROVEMENTS") on a part of the Subject Property (the "PROPERTY") legally
described on Exhibit A attached hereto,
WHEREAS, the OWNER has partially completed construction of the
IMPROVEMENTS including sixty (60) of the ninety (90) senior condominium
units.
WHEREAS, the CONTRACT PURCHASER AND DEVELOPER intend to
complete the construction of the IMPROVEMENTS and further intend to
construct twenty four (24) additional units for a total of one hundred fourteen
(114) units on the PROPERTY.
WHEREAS, said 114 units will be offered on a rental basis for
independent, congregate and assisted living.
WHEREAS, the OWNER, CONTRACT PURCHASER, DEVELOPER, and
CITY desire to enter into this AMENDMENT in order to ensure the completion of
the IMPROVEMENTS and the operation of the facility.
WHEREAS, the CITY has determined that this AMENDMENT is in the
best interest of the CITY, will promote sound planning and growth of the CITY,
and will otherwise enhance and promote the general welfare of the CITY and its
residents.
WHEREAS, this AMENDMENT is made pursuant to and in accordance
with the provisions of 65 ILCS 5/11-15.1-1, et seq.
WHEREAS, prior to the date of this AMENDMENT a public hearing was
held upon proper notice and publication as are required for the CITY to effect the
terms of this AMENDMENT.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as
follows:
1. Third Amendment. Upon the execution of this Third Amendment,
CITY shall adopt an ordinance approving the Third Amendment and shall file a
copy of said ordinance, together with the Third Amendment, with the County
Clerk of McHenry County and the Recorder of Deeds of McHenry County.
2. Zoninq. The last line of paragraph 2 of the SECOND AMENDMENT
shall be deleted and replaced with the following, "...for an age restricted senior
housing rental community of one hundred fourteen (114) units consisting of
independent, congregate and assisted living units."
3. Condominium Declarations. Paragraph 8 of the SECOND
AMENDMENT shall be deleted in its entirety.
4. Site Development. The first sentence of Paragraph 10 of the
SECOND AMENDMENT shall be amended to read, "...limited to a 114-unit
senior age -restricted facility...". The phrase, "however, the elevations on the two
east additions will change slightly due to the type of units to be constructed and
the type of heating units to be utilized," shall be added to the last sentence.
5. Building Permits. Paragraph 11 of the SECOND AMENDMENT
shall be deleted and replaced with the following:
"The parties agree that the Developer intends to utilize the existing 60
units (one bedroom and one bedroom with den) for rental purposes, and
further, will construct 30 efficiency and 24 one -bedroom units within the
hereinbefore approved building footprint, also for rental purposes.
2
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6. Future Parking Area. The second and third sentences of
Paragraph 14 of the SECOND AMENDMENT shall be deleted.
7. Rental of Units. Paragraph 19 of the SECOND AMENDMENT shall
be deleted in its entirety.
8. It is understood by the OWNER, CONTRACT PURCHASER,
DEVELOPER and CITY that the units in the facility are intended to be used for
rental purposes and further, any reference to "condominiums" or "a condominium
facility" in the SECOND AMENDMENT shall hereinafter mean rental units or a
rental facility, respectively.
9. In the event there is a conflict between the provisions of this Third
Amendment and any other provision of the AGREEMENT, the provisions of this
Third Amendment shall control. All sections and exhibits of the AGREEMENT
not in conflict herein shall remain in full force and effect.
10. In addition to the notice heretofore required under the terms and
provisions of the AGREEMENT, notice shall also be provided at the following
addresses:
OWNER:
Robert Niebauer
7609 Elmwood Ave
P.O. Box 628188
Middleton, Wisconsin 53562
DEVELOPER:
Virginia Gully
c/o PRDC-Illinois
5119 Farmington Close
Rockford, Illinois 61114
WITH COPY TO:
Tom Zanck
Militello, Zanck & Coen, P.C.
40 Brink Street
Crystal Lake, Illinois 60014
11. It is agreed by the parties that this Third Amendment to the Busch -
Knox Annexation Agreement and its subsequent amendments may hereafter be
amended by the City and the record title holder and contract purchaser of the
parcels being affected by said amendment without the necessity of other parties
to the Original Annexation Agreement, the First Amendment, or the Second
Amendment to join in said subsequent amendment or amendments.
3
IN WITNESS WHEREOF, the parties have caused their duly authorized
representatives to execute this Agreement as of the day and year first above
written.
CONTRACT PURCHASER
Robert L. Niebauer
Name: 1Z �( I - '�' '-'-
Title:— C f o
CITY
CITY of �.. cHenry, Illinois
Y
B " e X'-1—
Nam6: Susan E. Low
Title: Mayor
Attest:
By0e:
C
Nanice C.TitClerk
PRDC
Professional Realty and Development
CorporcItfion
Nam jf,a!,N,,j I- G LL- Z
Title: Vic Ae r--51 Dv ^-r
OWNER
Windsor Lifecare, LLC
r
Nara Jay Co e
Title:
4�
IN WITNESS WHEREOF, the parties have caused their duly authorized
representatives to execute this Agreement as of the day and year first above
written.
CONTRACT PURCHASER PRDC
Robert L. Niebauer Professional Realty and Development
Corporation
Name:
Title: By:
Name:
Title:
CITY
CITY of cHenry, Illinois
By:
Nam : Susan E. Low
Title: Mayor
Attest:
ByOe:J
Naice C. Jones
TitClerk
40
PARCEL 1:
TOWNSHIP 44 NORTH, RANGE 8 EAST OF. THE THIRD
THAT PART OF SECTION 2,
PRINCIPAL MERIDIAN,
R F THE NORTHEAST QUARTER OF SAID NCING AT THE -
CORNS O
NORTHWEST SECTION 2 AND
SOUTH
TES, 48
S EAST
RUNNING THENCEDISTANCE OF01312.78 ET; OTHENCENORTH 89 DEGREES, 49 (MINUTES,
ASSUMED), A
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; THENCE 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 672• OF1FSOUTH
S
WEST, A DISTANCE 36.0EET TO THE POINT BEGINNING, IN MCHENRY
COUNTY, ILLINOIS.
ALSO
PARCEL 2:
THAT PART OF SECTION DESCRIBED TOWNSHIP
FOLLOW44 NORTH, SANGE 8 EAST OF COMNiENCINGHAT THE
THIRD
PRINCIPAL ME
NORTHWEST SE OROF THE UTTH 1 DEGREES, SECTIONAST QUARTER OF SAID , 00 MINUTES, 48 SECONDS EAST(BEARING
RUNNING THENCE
ASSUMED), A DISTANCE OF 1312.78 FEET; THENCE NORTH 89 DEGREES, 49 NIINUTES,
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.
ALSO
PARCEL 3:
THAT PART OF SECTION 2ESIBED OR�SHIP AS FOL OW44 NORTH,SANGE 8 EAST OF COMMENCINGHAT THE
PRINCIPAL MERIDIAN, D
NORTHWEST CORNER OF THE
NORTHEAST
REES O� SMII�UT QUARTER
48 SECONDS EASTOF SAID , (BEARING
ON 2 AND
RUNNING THENCE SOUTH 01
ASSUMED) ON THE WEST LINE THEREOF, A DISTANCE OF 1312.78 FEET; THENCE
NORTH 89 DEGREES, 49 MINUTES, 04 SECONDS SECOND WEST DISTANCF 1762.85 FEET;
E
OF 672.10
THENCE SOUTH 01 DEGREES, 29 MINUTE , 22
FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01 DEGREES, 29
MINUTES, 22 SECONDS WEST, A DISTANCE OF 210.00 FEET; THENCE NORTH 89
DEGREES, 51 NffNUTES, 29 SECONDS WEST, A DISTANCE OF 501.19 FEET; THENCE
SOUTHWESTERLY ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 900.00 FEET,
FOR AN ARC DISTANCE OF 375.88 FEET; THENCE NORTH 01 DEGREES, 57 MINUTES,
38 SECONDS EAST, A DISTANCE OF 200.00 FEET; THENCE NORTH 18 DEGREES, 25
MINUTES, 20 SECONDS EAST, A DISTANCE OF 260.00 FEET; THENCE SOUTH 74
DEGREES,43 MINUTES, 30 SECONDS EAST, A DISTANCE OF 314.88 FEET; THENCE
SOUTH 15 DEGREES, 08 MINUTES, 31 SECONDS WEST, A DISTANCE OF $0.00 FEET;
THENCE SOUTH 89 DEGREES, 51 MINUTES, 29 SECONDS EAST, A DISTANCE OF 500.00
FEET TO THE POINT OF BEGINNING, (EXCEPTING 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 1582.85 FEET; THENCE SOUTH 02 DEGREES, 23 MINUTES, 44 SECONDS
EAST, A DISTANCE OF 220.26 FEET; THENCE SOUTH 66 DEGREES, 01 MINUTES, 34
SECONDS WEST, A DISTANCE OF 116.30 FEET; THENCE SOUTH 89 DEGREES, 40
MINUTES, 04 SECONDS WEST, A DISTANCE OF 180.00 FEET; THENCE SOUTH 54
DEGREES, 49 MRTUTES, 04 SECONDS WEST, A DISTANCE OF 420.00 FEET FOR THE
POINT OF BEGINNING; THENCE SOUTH 18 DEGREES, 25 MINUTES, 20 SECONDS WEST,
A DISTANCE F 260.00 FEET; THENCE SOUTH 01 DEGREES, 57 MINUTES, 38 SECONDS
WEST, A DISTANCE OF 200.00 FEET; THENCE NORTHEASTERLY ALONG A CURVE TO
THE RIGHT, HAVING A RADIUS OF 900.00 FEET, FOR AN ARC DISTANCE OF 3 8.47 FEET;
THENCE NORTH 01 DEGREES, 57 MINUTES, 38 SECONDS EAST, A DISTANCE OF 178.96
FEET; THENCE NORTH 18 DEGREES, 25 MINUTES, 20 SECONDS EAST, A DISTANCE OF
243.43 FEET; THENCE NORTH 54 DEGREES, 49 MINUTES, 04 SECONDS EAST, A
DISTANCE OF 17.39 FEET, THENCE NORTH 74 DEGREES, 48 MINUTES, 30 SECONDS
WEST, A DISTANCE OF 45.39 FEET, TO THE POINT OF BEGINNING) IN MCHENRY
COUNTY, ILLINOIS.
ALSO
PARCEL 4:
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) ON THE WEST LINE' THEREOF, A DISTANCE OF 1312.78 FEET; THENCE
NORTH 89 DEGREES, 49 MINUTES, 04 SECONDS EAST, A -DISTANCE OF 1582.85 FEET
FOR THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES, 49
MINUTES, 04 SECONDS EAST, A DISTANCE OF 180.00 FEET; THENCE SOUTH 01
DEGREES, 29 MINUTES, 22 SECONDS WEST, A DISTANCE OF 672.10 FEET; THENCE
NORTH 89 DEGREES, 51 MINUTES, 29 SECONDS WEST, A DISTANCE OF 500.00 FEET;
THENCE NORTH 15 DEGREES, 08 MINUTES, 31 SECONDS EAST, A DISTANCE OF 80.00
FEET; THENCE NORTH 74 DEGREES, 43 MR -LUTES, 30 SECONDS WEST, A DISTANCE OF
314.88 FEET; THENCE NORTH 54 DEGREES, 49 MINUTES, 04 SECONDS EAST, A
DISTANCE OF 420.00 FEET; THENCE NORTH 99 DEGREES, 49 MINUTES, 04 SECONDS
EAST, A DISTANCE OF 180.00 FEET; THENCE. NORTH 66 DEGREES, 01 MINUTES, 34
SECONDS EAST, A DISTANCE OF 116.30 FEET; THENCE NORTH 02 DEGREES, 23
MINUTES, 44 SECONDS WEST, A DISTANCE OF 220.26 FEET TO THE POINT OF
BEGINNING, (EXCEPTING 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 1582.85 FEET; THENCE
SOUTH 02 DEGREES, 23 MINUTES, 44 SECONDS EAST, A DISTANCE OF 220.26 FEET FOR
THE POINT OF BEGINNING; THENCE SOUTH 66 DEGREES, 01 MINUTES, 34 SECONDS
WEST, A DISTANCE OF 116.30 FEET; THENCE SOUTH 89 DEGREES 49 MINUTES, 04
SECONDS )NEST, A DISTANCE OF 190.00 FEET; THENCE SOUTH 54 DEGREES, 49
MINUTES, 04 SECONDS WEST, A DISTANCE OF 420.00 FEET; THENCE SOUTH 74
DEGREES, 43 MINUTES, 30 SECONDS EAST, A DISTANCE OF 45.39 FEET; THENCE
NORTH 54 DEGREES, 49 MINUTES, 04 SECONDS EAST, A DISTANCE OF 380.07 FEET;
THENCE NORTH 89 DEGREES, 49 MINUTES, 04 SECONDS EAST, A DISTANCE OF 176.31
FEET; THENCE NORTH 66 DEGREES, 01 MINUTES, 34 SECONDS EAST, A DISTANCE OF
109.93 FEET; THENCE NORTH 02 DEGREES, 23 MINUTES, 44 SECONDS WEST, A
DISTANCE OF 37.64 FEET TO THE POINT OF BEGINNING), IN MCHENRY COUNTY,
ILLINOIS.
PIN: PARCELS 1 AND 2 14-02-200-029
PARCEL 3 14-02-200-025
PARCEL 4 14-02-200-026