Loading...
HomeMy WebLinkAboutOrdinances - ORD-05-1263.D - 06/20/2005 - AUTHORIZE ANNEX AGMT AMENDMENT LINCOLN HILL RAYMONf � � ORDINANCE NO. ORD-05-1263. D AN ORDINANCE AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FIRST AMENDMENT TO THE LINCOLN HILLS ANNEXATION AGREEMENT FOR PROPERTY LOCATED ON THE NORTH SIDE OF LINCOLN ROAD, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, Raymond and Jessica Walls (the "OWNERS") are the legal owners of record of the 18.6 acres of real estate located on the north side of Lincoln Road, opposite Hillside Drive, which property is legally described on "Exhibit A", attached hereto and incorporated herein; the "SUBJECT PROPERTY", and WHEREAS, the OWNERS and the Corporate Authorities of the City of McHenry (the "CITY") have previously entered into an annexation agreement (the "AGREEMENT") to provide for the development of the SUBJECT PROPERTY with 36 single family homes; and WHEREAS, the OWNERS have requested that the City approve an amendment to the AGREEMENT for the purpose of allowing one (1) additional home site, from 36 to 37; 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 amending said Annexation Agreement is in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the Mayor be and is hereby authorized and directed to execute, and the City Clerk is authorized and directed to attest, duplicate original copies of the First Amendment to the Lincoln Hills Annexation Agreement, by and between the CITY and the OWNERS, a copy of which Amendment is attached hereto and made a part hereof. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of the Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict.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 in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS 20TH DAY OF JUNE 92005 AYES: $ANTI, GLA .. SCHAEFER. MURGATROYD, WIMMER, RE ON, CONDON, LOW NAYS: NONE ABSTAINED: NONE ABSENT: NONE NOT VOTING: NONE APPROVED THIS 20TH DAY OF JUNE , 2005 ATTEST: ITY ERK e Z-t�- f AYOR 2 EXHIBIT A Legal Description of the Subject Propertv The West 804.0 feet of the South Half of the Northeast Quarter of Section 25, Township 45 North, Range 8, East of the Third Principal Meridian, except the South 660.0 feet of the West 330.0 feet thereof, and except that part conveyed to the Township of McHenry, by deed recorded September 23, 1963 as Document No. 420086, in McHenry County, Illinois. Pin No. 09-25-200-018. h 4- a FIRST AMENDMENT TO LINCOLN HILLS ANNEXATION AGREEMENT This Agreement is made and entered into this 20TH day of J UN E , 2005, by and between the CITY OF MCHENRY, an Illinois municipal corporation (hereinafter referred to as "CITY"), and RAYMOND R. WALLS AND LINDA S. WALLS (hereinafter referred to as "OWNER"). RECITALS A. The CITY and OWNER entered into an Annexation Agreement dated March 1, 2004 (the "AGREEMENT"). B. The AGREEMENT specified the terms and conditions for development of the OWNER's property (the "SUBJECT PROPERTY"), and allowed the SUBJECT PROPERTY to be subdivided into 36 single-family home sites. C. The OWNER petitioned the CITY to amend the AGREEMENT to allow one (1) additional single- family home site on the SUBJECT PROPERTY for a total of thirty-seven (37). D. Both parties hereto desire to amend the AGREEMENT as it relates to the number of allowable single family home sites on the SUBJECT PROPERTY, I rU D o C I, re- D I N A, . E. Prior to the date of this Agreement, all public hearings were held upon proper notice and publications as are required for the CITY to effect the terms of this Agreement. F. This Agreement is made pursuant to and in accordance with the provisions of 65 ILCS 5111-15.1-1, et seq. NOW THEREFORE, in consideration of their respective agreements set out herein, the CITY and OWNER HEREBY AGREE AS FOLLOWS: Number of Single Family Lots. It is agreed that the number of single family lots allowed on the SUBJECT PROPERTY shall be 37 and this shall be reflected on the final plat of subdivision for the SUBJECT PROPERTY. Conflict. In the event there is a conflict between the provisions of this First Amendment and the AGREEMENT, the provisions of this First Amendment shall control. All sections and exhibits ofthe AGREEMENT, not in conflict herein shall remain in full force and effect. Amendment. This First Amendment may only be amended by written instrument executed by all parties hereto; provided, however, in the event title to the SUBJECT PROPERTY, in whole or part, is transferred to successors in interest, future amendments relating to the SUBJECT PROPERTY may be made by and between the CITY and the title holders to the parcel specifically requesting the amendment without consent required by other record owners of the SUBJECT PROPERTY. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date indicated above. CITY OF MCHENRY By:L� - Mayor Susan Low Attest: / C' C •k Ja 'ce C. ones O ER a mond R. Walls Linda S. Walls PA Exhibit A Legal Description of the SUBJECT PROPERTY The West 804.0 feet of the South Half of the Northeast Quarter of Section 25, Township 45 North, Range 8, East of the Third Principal Meridian, except the South 660.0 feet of the West 330.0 feet thereof, and except that part conveyed to the Township of McHenry, by deed recorded September 23, 1963 as Document No. 420086, in McHenry County, Illinois. Pin No. 09-25-200-018.