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are hereby repealed to the extent of such conflict.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