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HomeMy WebLinkAboutOrdinances - ORD-06-1340 - 10/30/2006 - AMEND LIBERTY TRAILS RECAPTURE AGREEMENTORDINANCE NO. ORD-06-1340 AN ORDINANCE AMENDING THE LIBERTY TRAILS RECAPTURE AGREEMENT Whereas, Gerstad Builders, Inc. ("Gerstad") is the developer of the Liberty Trails Subdivision, McHenry, Illinois; Whereas, Gerstad constructed sanitary sewer improvements upon the understanding that the City of McHenry would execute a recapture agreement permitting reimbursement to Gerstad of an equitable portion of the cost thereof from other lands which will benefit there from; Whereas, the terms and conditions relating thereto were incorporated into a recapture agreement authorized by Ordinance No. ORD-03-1194 adopted by the City Council on October 6, 2003 and filed in the McHenry County recorder of deeds as Document Number R2004R0003239 ("Original Recapture Agreement"); Whereas, the Original Recapture Agreement included an Exhibit B setting for the benefited property owners, however, said Exhibit B inadvertently excluded seventeen (17) properties ("Excluded Parcels"). The other exhibits to the Original Recapture Agreement accurately reflected or accounted for the Excluded Parcels; and Whereas, Exhibit B to the Original Recapture Agreement shall be amended to add the Excluded Parcels. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: That Ordinance Number 03-1194 is hereby amended as follows: Exhibit B to the Original Recapture Agreement is supplemented with the following benefited parcels of real estate and information related thereto: 09-25-302-002 VACANT 0.33 09-25-302-003 VACANT 0.56 09-25-302-004 2818 Lincoln Rd 0.34 09-25-302-006 2822 Lincoln Rd 0.24 09-25-302-007 2824 Lincoln Rd 0.27 09-25-302-009 2911 Rosedale 1 09-25-302-010 VACANT 3.75 09-25-302-011 2915 Deborah Ln 2.7 09-25-301-002 VACANT 0.18 09-25-301-003 1517 River Rd 0.18 09-25-301-004 1515 River Rd 0.19 09-25-301-005 1513 River Rd 0.24 09-25-301-006 VACANT 0.21 09-25-301-007 1509 River Rd 0.22 09-25-301-012 1423 River Rd 0.25 09-25-301-013 1425 River Rd 0.24 09-25-301-014 1507 River Rd 0.23 SECTION 2: The Mayor and City Clerk are hereby authorized to affix their signatures as Mayor and City Clerk to said amendment to the original Recapture 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 30TTu DAY OF OCTT9R� , 2006 SANTI, SCHAEFER, MURGATROYD, WIMMER, PETERSON, CONDON AYES: NAYS: G LAB ABSTAINED: NONE ABSENT: NONE NOT VOTING: NONE APPROVED THIS 30TH DAY OF OCTOBER , 2006 1�e� � :�— — .MAYOR ATTEST: c_P— CI C RK