No preview available
HomeMy WebLinkAboutOrdinances - ORD-03-1195.B - 12/01/2003 - AUTHORIZE 2ND AMEND TO SHAMROCK FARMS ANNEX AGMRORDINANCE NO. ORD-03-1195. B AN ORDINANCE AUTHORIZING THE EXECUTION OF THE SECOND AMENDMENT TO THE SHAMROCK FARMS ANNEXATION AGREEMENT, IN MCHENRY COUNTY, ILLINOIS WHEREAS, the Northern Trust Company, Trust No. 2-41693, Shamrock Farms Development, L.L.C., and Kimball Hill, Inc. are the legal owners of record of the real estate located along Draper and Curran Roads, north of Bull Valley Road and commonly known as the Shamrock Farms Subdivision, in the City of McHenry, 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 a proposed Second Amendment to the Shamrock Farms 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 Annexation 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 Shamrock Farms Second Amendment to Annexation Agreement, bearing the date of Dec . 9 s� , 2003, between the City of McHenry, a Municipal Corporation in the State of Illinois, the Northern Trust Company, Shamrock Farms Development L.L.C., and Kimball Hill, Inc., shall be and the same is hereby approved. A complete and accurate copy of said annexation agreement, labeled "Shamrock Farms Second Amendment to 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 SECTION 3: All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict.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 1ST DAY OF DECEMBER , 2003 AYES: BOLGER, GLAB, LOW, PETERSON, CONDON MURGATROYD, WIMMER NAYS: ABSTAINED: NONE ABSENT: NONE NOT VOTING: NONE APPROVED THIS 1ST DAY OF DECEMBER , 2003 ATTEST: CI 7CR K V41t11'7 e Z��- AYOR 2 SHAMROCKFARMS SECOND AMENDMENT TO ANNEXATION AGREEMENT This Second Amendment to Annexation Agreement (this "Amendment") is made and entered into as of the / b:t' day of Uk u�r� 2003 by and among THE NORTHERN TRUST COMPANY (the "Trustee"), not individually but as trustee, under a Trust Agreement dated September 12, 1973 and known as Trust No. 2-41693 ("Owner"), SHAMROCK FARMS DEVELOPMENT, L.L.C. an Illinois limited liability company ("Shamrock") KIMBALL HILL, INC., an Illinois corporation ("Kimball Hill") and THE CITY OF MCHENRY, ILLINOIS, an Illinois municipal corporation (the "City"). RECITALS A. Owner, the Cam, Shamrock and certain other parties have entered into that certain Shamrock Farms Annexation Agreement (the "Original Annexation Agreement"), dated as of July 2, 2001, and recorded as Document No. 2001R0070359, and the Shamrock Farms First Amendment to Annexation Agreement (the "First Amendment"), dated as of July 29, 2002, and recorded as Document No. 2002R00766942, both in the Office of the County Recorder of McHenry, Illinois. The Original Annexation Agreement, the First Amendment, and this Amendment as may be further amended are collectively called the "Annexation Agreement." B. Kimball Hill is the contract purchaser of a certain 427 acre (+/-) parcel of land (the "Land") legally described on Exhibit A attached, which Land is part of the Subject Property under the Annexation Agreement. It is expected that Kimball Hill will purchase and develop the Land in phases. C. Owner is the seller of the Land to Kimball Hill and is also the owner of that certain 173 acre (+/-) parcel of land (the "Retained Land") located adjacent to the Land on the north side of Draper Road which is also part of Subject Property. D. Shamrock is the development consultant to and authorized representative of Owner with respect to the sale and development of Subject Property. E. Kimball Hill has applied for and the C1ty has granted Final Plat Approval for Neighborhood 2 of Kimball Hill's proposed townhouse development on a portion of the Land pursuant to City of McHenry Ordinance No. (the "Final Plat Ordinance"). F. Proposed townhouses to be constructed in Neighborhood 2 consist of single level and multiple level units (Exhibit B), some of which may have all or a portion of said unit located above another unit or portion thereof, which is inconsistent with the City's definition of a townhouse dwelling. G. The Cam, Owner, Shamrock and Kimball Hill desire to enter into this Amendment in order to allow the construction of said townhouses within the development. H. The City has determined that this Amendment is in the best interest of the City, will promote sound planning and growth of the Cart+ , and will otherwise enhance and promote the general welfare of the City and its residents. I. This Amendment is made pursuant to and in accordance with the provisions of 65 ILCS 5/11-15.1-1, et seq. J. Prior to the date of this Amendment all public hearings were held upon proper notice and publications 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. Townhouse Definition. For the purposes of development occurring under the terms of the Shamrock .Farms Annexation Agreement, a townhouse shall be defined as: A dwelling unit that is attached to one or more other dwelling units on the same lot and that has an individual private, ground level entrance to the outside. 2. Horizontal Separation Between Units. The City and Kimball Hill agree that sound attenuation between units is important and Kimball Hill agrees to use one inch (1") thick, self -leveling Gyp -Crete, or equivalent as agreed to by the City, between the second story floor and the first story ceiling of all stacked flat units to aid in sound attenuation between units. 3. No Release of Kimball Hill. The terms and conditions of this Amendment are not intended to release Kimball Hill from (a) any of its obligations to Shamrock and Owner under any separate agreements with such parties or (b) any of its obligations to the City whether pursuant to the Municipal Requirements or otherwise. 4. Execution in Counterparts. This Amendment may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of such counterparts shall constitute one Agreement. 2 IN WITNESS WHEREOF, the parties have caused their duly authorized representatives to execute this Agreement as of the day and year first above written. OWNER THE NORTHERN TRUST COMPANY not individually but as trustee under a Trust Agreement dated September 12, 1973 and known as Trust No. 2-41693 By: Name: Title: CITY City of McHenry, Illinois By: Na e: Susan E. Low Title: Mayor Attest: By: Nai Title SHAMROCK Shamrock Farms Devel Nan Title: KIMBALL HILL L.L.C. Kimball Hill, Inc., an Illinois corporation By; �rsAC� Name: Title: • G 34, IN WITNESS WHEREOF, the parties have caused their duly authorized representatives to execute this Agreement as of the day and year first above written. 1 OWNER THE NORTHERN TRUST COMPANY not individually but as trustee under a Trust Agreement dated September 12, 1973 and known Trust No. 2-41693 By. Name: Title. V&CE PPZ i _ ::r CITY City of McHenry, Illinois By: Name: Susan E. Low Title: Mayor Attest: By: Nam . Jan a C. Jon Title: City Cle SHAMROCK Sha k Farms De I ment, L.L.C. By: Name: <e-l�T14 Al 6A4.cl Title: A iU A G KIMBALL HILL Kimball Hill, Inc., an Illinois corporation By: Name: Title: 36 IN WITNESS WHEREOF, the parties have caused their duly authorized representatives to execute this Agreement as of the day and year first above written. OWNER THE NORTHERN TRUST COMPANY not individually but as trustee under a Trust Agreement dated September 12, 1973 and known Trust No. 2-41693 Name: Title: .:cz F CITY City of McHenry, Illinois By: Name: Susan E. Low Title: Mayor Attest: By: ' PC 0e Nam . Jan a C. Jon Title: City Cie SHAMROCK Shamrock Farms Development, L.L.C. By: Name: Title: KIMBALL HILL Kimball Hill, Inc., an Illinois corporation By: Na e: E' k4H Title: aSsf g ealf g ru 3 L EXHIBIT A Legal Description of the Subject Property PARCEL 1: The Northwest Quarter of the Northwest Quarter of Section 33, Township 45 North, Range 8 East of the Third Principal Meridian (excepting therefrom the North 380.0 feet of the West 573.16 feet): Also of the Northeast Quarter of the Northwest Quarter of said Section 33, (excepting therefrom the East 30 acres thereof): Also of the Southwest Quarter of the Northwest Quarter of said Section 33 (excepting therefrom the South 30 acres thereof): Also of the North half of Section 32, Township 45 North, Range 8 East of the Third Principal Meridian (excepting therefrom the North 100 acres thereof, and also excepting therefrom the acreage lying North and West of the centerline of Draper Road): Also of the West Half of the Southeast Quarter of said Section 32: Also of the Northeast Quarter of the Southwest Quarter of said Section 32: Also of the north 528.0 feet of the East 1650 feet of the Southwest Quarter of Section 32 (excepting therefrom the acreage lying North and West of the centerline of Draper Road) all in McHenry County, Illinois. PARCEL 2: That part of the Southeast Quarter of Section 31 and of that part of the Southwest Quarter of Section 32, all in Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the Southeast Corner of the Southeast Quarter of Section 31 and running thence West on the South line thereof, for a distance of 21.12 feet to a point; thence North parallel to the East line thereof for a distance of 531.29 feet to a point; thence East at right angles to the last described line, at the last described point, for a distance of 265.52 feet to a point; thence Northwesterly on a line forming an angle of 94 degrees 43 minutes 30 seconds to the left with a prolongation of the last described line, at the last described point, for a distance of 352.64 feet to a point in the centerline of a public highway running in a Northeasterly and a Southwesterly direction and commonly known as Draper Road; thence Northeasterly on the centerline of said road, for a distance of 2.153.05 feet to a point on a line drawn 528 feet South of and parallel to the North line of the Southwest Quarter of Section 32; thence East on said parallel line for a distance of 660.88 feet to a point on the East line of the Southwest Quarter of Section 32; thence South on the East line thereof, a distance of 2107.03 feet to the Southeast Corner thereof; thence West on the South line of the Southwest Quarter of said Section 32, for a distance of 2640.61 feet to the place of beginning in McHenry County, Illinois. PARCEL 3: The Northwest Quarter of Section 5 (excepting the South 65 acres of said Northwest Quarter; also except the West 706.44 feet of the South 405.00 feet of the North 1,200.00 feet of said Northwest Quarter) in Township 44 North, Range 8 East of the Third Principal Meridian, in McHenry County, Illinois. 9 NO DATE BY ISSUED ION i a UNff TYPE "ABCD" - - SHAMROCK FARMS Kimball Hill Homes � TOWNHOMES 5999 New Wilke Road, Bldg. 5 B MCHENRY, ILLINOIS Rolling Meadows, IL 60008 i UNIT TYPE "AECD" SHAMROCK FARMS _P TOWNHOMES I ® MCHENRY, ILLINOIS 0 15 c " z p ❑ uj AH4 9 - Z 4 Y � Z mw.yv-,E,m asa USE Kimball Hill Homes 5999 New Wilke Road, Bldg. 5 Rolling Meadows, IL 60008 (1— COMMON= so ,��{�, _ u : . ,III°►� 1 � Haa����� Illli►IIIIII -- Illi�l li I ° 11111�1 IIIIII -JIJIIIIII I � I ullllllllu l �.-:.I ��IIIII 11111111111111 11.11 �,,I, ullliliiiii � � � I I (IIII �, �ill��ur�lilq IIIIIIIIIIII, �''' _' lil� uiniouil `f Illllllllfl ;i Illlllllllllllli� e i „illll'I I .I�o INN _ ��1NilII II I u�CarS �6l Ca OOOG©ec - - - 1.0 • IIIIIIIIIIIII�I L. iiilll� ice' I II II \I� ill III --- (IIIIII IIII / 1 �1111 __ IIIIIIIIIIIIII� II I I� I!. I IIIII, C p NO 7 ISSVBDfOR FER Vya UNPC TYPE "ABCD Kimball Hill Homes SHAMROCK FARMSM TOWNHOES 5999 New Wilke Road, Bldg. 5 ® MCHENRY, ILLINOIS Rolling Meadows, IL 6003