HomeMy WebLinkAboutOrdinances - ORD-06-1354.A - 08/18/2006 - AUTHORIZE THIRD AMENDMT INLAND BP AA CUNATORDINANCE NO.
ORD-06-1354.A
AN ORDINANCE AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE
THIRD AMENDMENT TO THE INLAND BUISNESS PARK ANNEXATION AGREEMENT
FOR THE PROPERTY LOCATED SOUTH OF THE SOUTHEAST CORNER OF CRYSTAL
LAKE ROAD AND BULL VALLEY ROAD, IN THE CITY OF MCHENRY, MCHENRY
COUNTY, ILLINOIS
WHEREAS, Cunat Inc., ("OWNER") holds fee simple title to certain real estate located south of
the southeast comer of Crystal Lake Road and Bull Valley Road, 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 said Ordinance amendment 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 Exhibit A of Ordinance 05-1248 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: Exhibit A, the Second Amendment to the Inland Business Park Annexation
Agreement, bearing the date of February 25, 2005, between the City of McHenry, a Municipal
Corporation in the State of Illinois, and Cunat, Inc., record owner, be and the same is hereby amended to
remove the last sentence of Paragraph 19. Underground Utilities, as follows: Owner shall install
underground, at OWNER'S cost, all new electricity, gas, telephone lines and any other utility or cable
devices, lines, or conduits necessary to service the development of the SUGJECT PROPERTY. In
addifierc, OWNER sW! bury the wdsting ofility lines on Cf-ysW Lake Read aleng the pr-epea�, fi;en�e.
SECTION 2: The Mayor and City Clerk are hereby authorized to affix their signatures as
Mayor and City Clerk to said Ordinance for the uses and purposes therein set forth.
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hereby repealed to the extent of such conflict.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 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 18TH DAY OF SEPTEMBER , 2006
AYES:
NAYS:
ABSTAINED:
SANTI, MURGATROYD, WIMMER, PETERSON, CONDON
GLAB, SCHAEFER,
NONE
ABSENT: NONE
NOT VOTING: NONE
APPROVED THIS 18TH DAY OF
ATTEST:
C.
CI C RK
SEPTEMBER 2006
2
N�XYOR
F_ X h t b i I- hs
THIRD AMENDMENT TO THE INLAND BUSINESS PARK ANNEXATION AGREEMENT
DATED JULY 26, 1995 BETWEEN THE CITY OF MCHENRY AND AMERICAN
NATIONAL BANK AND TRUST COMPANY OF CHICAGO, NOT INDIVIDUALLY BUT
AS TRUSTEE UNDER A TRUST AGREEMENT DATED SEPTEMBER 27, 1993 AND
KNOWN AS TRUST NO. 117509-08 AND INLAND CAPITAL FUND, L.P., A DELAWARE
LIMITED PARTNERSHIP
This agreement is made and entered into this 141hday of , 2007, by
and between the City of McHenry, a Municipal Corporation, in the Co ty of McHenry, State of
Illinois, hereinafter referred to as "CITY," and Cunat Inc., hereinafter referred to as "OWNER."
RECITALS
A. The OWNER is the record title holder to the real estate legally described in "Exhibit A"
attached hereto and made a part of this Agreement by reference, containing
approximately 101.42 acres, hereinafter referred to as the "SUBJECT PROPERTY."
B. The SUBJECT PROPERTY is generally located at the southeast corner of Bull Valley
and Crystal Lake Roads, south of the Church of Holy Apostles.
C. The SUBJECT PROPERTY is currently being developed as a residential subdivision and
is zoned RS-3, Single -Family Residential, and RM-2, High -Density Multi -Family
Residential pursuant to the City of McHenry Zoning Ordinance.
D. The OWNER desires to develop the SUBJECT PROPERTY in accordance with the terms
of this Agreement.
E. The CITY has determined that the development of the SUBJECT PROPERTY in
accordance with the terms of this Agreement is in the best interest of the CITY, will
promote sound planning and growth of the CITY, and otherwise enhance and promote the
general welfare of the CITY and its residents.
F. That the SUBJECT PROPERTY is currently subject to the terms and provisions in the
Inland Business Park Annexation Agreement dated July 26, 1995 between the City of
McHenry and American National Bank and Trust Company of Chicago, not individually
but as Trustee under a Trust Agreement dated September 27, 1993 and known as Trust
No. 117509-08 and Inland Capital Fund, L.P., a Delaware limited partnership and the
Second Amendment to the Inland Business Park Annexation Agreement dated
'A�b,1� between the City of McHenry and Cunat, Inc.
G. 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.
I. This Agreement is made pursuant to and in accordance with the provisions of 65 ILCS
5/11-15.1-1, et seq.
NOW, THEREFORE, for and in consideration of their respective agreements set out
herein, the CITY and the OWNER hereby agree as follows:
1. Amendment to Section 19. Section 19, Underground Utilities, of the Second
Amendment, shall be and hereby is amended to delete the last sentence of said section.
All other provisions of the Second Amendment shall remain in effect
2. Binding Effect and Term This Agreement shall be binding upon and inure to the benefit
of the parties hereto, successor owners of record and their heirs, assigns, and lessees, and
upon successor municipal authorities of the CITY and successor municipalities for a
period of twenty (20) years from the date of execution hereof, and any extended time
agreed to by amendment to this Agreement.
3. Severability If any provision of this Agreement is held invalid by any court of competent
jurisdiction, such provision shall be deemed to be excised herefrom and the invalidity
thereof shall not affect any of the other provisions contained herein.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
indicated above. ,) i "
(ffNER L CITY >
CVnat, n . ayor
Attest:
City lerk
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EXHIBIT A
Legal Description of the Subject Property
Exhibit A I
Legal Description of the SUBJECT PROPERTY
PARCEL A:
THAT PART OF THE SOUTH HALF OF SECTION 4, TOWNSHIP 44 NORTH, RANGE 8,
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING
AT THE SOUTHEAST CORNER OF SAID SECTION 4; THENCE SOUTH 89 DEGREES 11
MINUTES 36 SECONDS WEST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER
OF SAID SECTION 4, 1294.30 FEET;. THENCE NORTH 00 DEGREES 10 MINUTES 05
SECONDS EAST ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION 4, 100.01 FEET FOR THE PLACE OF
BEGINNING: THENCE SOUTH 89 DEGREES 11 MINUTES 36 SECONDS WEST ALONG A
LINE 100.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 4, 1294.74 FEET; THENCE SOUTH 89
DEGREES 00 MINUTES 54 SECONDS WEST ALONG ALINE 100.00 FEET NORTH OF AND
PARALLEL TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4,
752.89 FEET TO A POINT ALONG THE EASTERLY RIGHT OF WAY LINE OF CRYSTAL
LAKE ROAD; THENCE NORTH 38 DEGREES 06 MINUTES 57 SECONDS EAST ALONG
SAID RIGHT OF WAY LINE,1805.79 FEET; THENCE SOUTH 52 DEGREES 30 MINUTES 47
SECONDS EAST, 996.71 FEET; THENCE SOUTHEASTERLY ALONG A CURVE CONCAVE
NORTHERLY WITH A RADIUS OF 833.00 FEET, AN ARC LENGTH OF 353.30 FEET, SAID
ARC HAVING A CHORD BEARING OF SOUTH 64 DEGREES 39 MINUTES 48 SECONDS
EAST AND A CHORD LENGTH OF 350.66 FEET; THENCE SOUTH 07 DEGREES 51
MINUTES 14 SECONDS WEST, 700.35 FEET TO THE PLACE OF BEGINNING,
CONTAINING 41.049 ACRES MORE OR LESS, ALL IN McHENRY COUNTY, ILLINOIS.
PARCEL B:
THAT PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 4, TOWNSHIP 44 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS. COMMENCING AT THE SOUTHEAST CORNER
OF SAID SECTION 4; THENCE SOUTH 89 DEGREES 11 MINUTES 36 SECONDS WEST
ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4,1294.30
FEET; THENCE NORTH 00 DEGREES 10 MINUTES 05 SECONDS EAST ALONG THE EAST
LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SECTION 4,100.01 FEET FORTHE PLACE OF BEGINNING: THENCE NORTH 07 DEGREES
51 MINUTES 14 SECONDS EAST, 700.35 FEET; THENCE EASTERLY ALONG A NON
TANGENTIAL CURVE CONCAVE NORTHERLY WITH A RADIUS OF 833.00 FEET, AN
ARC LENGTH OF 271.35 FEET, SAID ARC HAVING A CHORD BEARING OF SOUTH 86
DEGREES 08 MINUTES 45 SECONDS EAST AND A CHORD LENGTH OF 270.15 FEET;
THENCE NORTH 84 DEGREES 13 MINUTES 46 SECONDS EAST, 207.57 FEET; THENCE
SOUTHEASTERLY ALONG A CURVE CONCAVE SOUTHERLY WITH A RADIUS OF 233.00
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Legal Description of the SUBJECT PROPERTY, cont.
FEET, AN ARC LENGTH OF 186.49 FEET, SAID ARC HAVING A CHORD BEARING OF
SOUTH 72 DEGREES 50 MINUTES 27 SECONDS EAST AND A CHORD LENGTH OF 181.55
FEET; THENCE NORTHEASTERLY ALONG A NON TANGENTIAL CURVE CONCAVE
SOUTHERLY WITH A RADIUS OF 266.00 FEET, AN ARC LENGTH OF 190.34 FEET, SAID
ARC HAVING A CHORD BEARING OF NORTH 72 DEGREES 18 MINUTES 48 SECONDS
EAST AND A CHORD LENGTH OF 196.30 FEET; THENCE SOUTH 01 DEGREES 50
MINUTES 18 SECONDS EAST, 66.29 FEET; THENCE EASTERLY ALONG A NON
TANGENTIAL CURVE CONCAVE SOUTHERLY WITH A RADIUS OF 200.00 FEET, AN
ARC LENGTH OF 41.17 FEET, SAID ARC HAVING A CHORD BEARING OF SOUTH 79
DEGREES 45 MINUTES 05 SECONDS EAST AND A CHORD LENGTH OF 41.09 FEET;
THENCE SOUTH 73 DEGREES 51 MINUTES 17 SECONDS EAST, 89.95 FEET; THENCE
EASTERLY ALONG A CURVE CONCAVE NORTHERLY WITH A RADIUS OF 450.00 FEET,
AN ARC LENGTH OF 174.25 FEET, SAID ARC HAVING A CHORD BEARING OF SOUTH 84
DEGREES 56 MINUTES 52 SECONDS EAST AND A CHORD LENGTH OF 173.16 FEET;
THENCE SOUTH 00 DEGREES 05 MINUTES 28 SECONDS WEST, 668.49 FEET TO A POINT
ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4; THENCE
SOUTH 89 DEGREES 11 MINUTES 36 SECONDS WEST ALONG SAID SOUTH LINE,1223.53
FEET; THENCE NORTH 00 DEGREES 10 MINUTES 05 SECONDS EAST, 100.01 FEET TO
THE PLACE OF BEGINNING, CONTAINING 20.430 ACRES MORE OR LESS, ALL IN
McHENRY COUNTY, ILLINOIS.
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 4, AND THE SOUTHWEST
QUARTER OF SECTION 3, TOWNSHIP 44 NORTH, RANGE 8, EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST
CORNER OF SAID SECTION 4; THENCE SOUTH 89 DEGREES 11 MINUTES 36 SECONDS
WEST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4,
70.77 FEET; THENCE NORTH 00 DEGREES 05 MINUTES 28 SECONDS EAST, 668.49 FEET;
THENCE WESTERLY ALONG A NON TANGENTIAL CURVE CONCAVE NORTHERLY
WITH A RADIUS OF 450,00 FEET, AN ARC LENGTH OF 174.25 FEET, SAID ARC HAVING
A CHORD BEARING OF NORTH 84 DEGREES 56 MINUTES 52 SECONDS WEST AND A
CHORD LENGTH OF 173.16 FEET; THENCE NORTH 73 DEGREES 51 MINUTES 17
SECONDS WEST, 89.95 FEET; THENCE WESTERLY ALONG A CURVE CONCAVE
SOUTHERLY WITH A RADIUS OF 200.00 FEET, AN ARC LENGTH OF 41.17 FEET, SAID
ARC HAVING A CHORD BEARING OF NORTH 79 DEGREES 45 MINUTES 05 SECONDS
WEST AND A CHORD LENGTH OF 41.09 FEET; THENCE NORTH 01 DEGREES 50
MINUTES 18 SECONDS WEST, 66.29 FEET; THENCENORTH 22 DEGREES 06 MINUTES 11
SECONDS WEST, 301.56 FEET; THENCE NORTH 00 DEGREES 02 MINUTES 28 SECONDS
EAST, 249.32 FEET TO A POINT ALONG THE NORTH LINE OF THE SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 4; THENCE NORTH 89
DEGREES 06 MINUTES 37 SECONDS EAST ALONG THE NORTH LINE OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 4, 494.20
FEET; THENCE NORTH 89 DEGREES 16 MINUTES 26 SECONDS EAST ALONG THE
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Legal Description of the SUBJECT PROPERTY, cont.
NORTH LINE OF THE SOUTHWEST QUARTER OF.THE SOUTHWEST QUARTER OF SAID
SECTION 3,1034.96 FEET TO A POINT ALONG THE WESTERLY RIGHT OF WAY LINE OF
THE CHICAGO & NORTHWESTERN RAIL ROAD COMPANY; THENCE SOUTH 29
DEGREES 12 MINUTES 22 SECONDS WEST ALONG SAID RIGHT OF WAY LINE,1337.83
FEET; THENCE SOUTHERLY ALONG THE SAID RIGHT OF WAY LINE, SAID LINE BEING
A CURVE CONCAVE EASTERLY WITH ARADIUS OF 5617.53 FEET, AN ARC LENGTH OF
180.94 FEET, SAID ARC HAVING A CHORD BEARING OF SOUTH 28 DEGREES 17
MINUTES 00 SECONDS WEST AND A CHORD LENGTH OF 190.93 FEET, TO A POINT
ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SAID SECTION 3; THENCE SOUTH 89 DEGREES 18 MINUTES 05 SECONDS
WEST ALONG THE SAID SOUTH LINE, 306.06 FEET TO THE PLACE OF BEGINNING,
CONTAINING 27.879 ACRES MORE OR LESS, ALL IN McHENRY COUNTY, ILLINOIS.
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