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HomeMy WebLinkAboutOrdinances - ORD-08-1431 - 08/11/2008 - AUTHORIZE FIRST AMENDMENT TO AA KRUMHOLZORDINANCE NO. ORD-08-1431 An Ordinance authorizing the execution of the First Amendment to the Annexation Agreement with Alfred L. Krumholz and June A. Krumholz and the City of McHenry, an Illinois Municipal Corporation, for approximately 89-acre property located adjacent to and east of Illinois Route 31, north of Gracy Road and south of Prime Parkway, in McHenry County, Illinois BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: The First Amendment to the Annexation Agreement for the Krumholz Property bearing the date of February 17, 2003 by and between the City of McHenry and Alfred L. Krumholz and June A. Krumholz, be and the same is hereby approved, a copy of which is attached hereto and incorporated herein by reference as Exhibit A. SECTION 2: The Mayor and City Clerk of the City of McHenry, McHenry County, Illinois, are authorized and directed to affix their signatures as Mayor and City Clerk oi'said City to said Amendment for the purposes and uses 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 SECTION 3: All ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict.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 6: 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 and APPROVED this 1 I'' day of August, 2008. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon, Low. Voting Nay: None Not Voting: None Abstaining: None Absent: None ayor ATTEST: Ci Cle C First Amendment to an Annexation Agreement For Morgan Hill Subdivision This Amendment to an Annexation Agreement for the Krumholz Property is made and entered into this 111" day of August, 2008 by and between the City of McHenry, a Municipal corporation in the State of Illinois (hereinafter referred to as the "City") and Alfred L. Krumholz and June A. Krumholz and their successors and assigns. Recitals A. Owner is the record owner of portions of the real estate legally described on Exhibit A, attached hereto and made a part hereof (hereinafter referred to as the "Property"). B. Said Property was subject to an Annexation Agreement dated February 17, 2003 by and between the City and the Owner. C. The City and Owner acknowledge that portions of the Property subject to the original Annexation Agreement have been transferred by the Owner to successors in interest, and that this Amendment shall not apply to those portions of the Property sold or conveyed. D. The City and Owner have determined it to be to their mutual advantage to amend the original Annexation Agreement to provide that the City may accept the revised Landscape Plan prepared by Pugsley and LaHaie Ltd with a last revised date of 8/12/2008, (Attached as Exhibit B to this Amendment) as referenced in Paragraph #8 of the original Annexation Agreement. E. Pursuant to 65 ILCS 5/11-15.1-1, et seq., a proposed draft of this Amendment was submitted to the City and all required public hearings were held thereon. F. The City and Owner acknowledge that all other provisions, sections and portions of the original Annexation Agreement shall remain in full force and effect as originally agreed upon. Now, therefore, in consideration of the covenants and conditions herein contained, it is hereby agreed the Annexation Agreement affecting the Property shall be amended as follows: 1. That Paragraph #8 entitled Landscape Plans shall be replaced in its entirety with the following language: Prior to issuance of any Occupancy Permits by the City, Owner shall install and maintain landscaping, berming, fencing, and other improvements in accordance with REVISED Exhibit E entitled "West Property Line — Addendum (Buildings 1-11)", prepared by Pugsley and Lahaie Ltd, dated 8/12/2008, attached hereto and made a part of this Agreement by reference (hereinafter referred to as; "Landscape Plans"), in all areas of the subject property that have been final platted, unless weather prevents the installation of said landscaping, fencing and berming, and in that event, temporary occupancy permits may be issued to the Owner. Owner shall implement, install, enforce, and maintain the Landscape Plans within the subject property, and shall incorporate the Landscape Plans into the covenants and restrictions placed on the subject property prior to City approval of the first final plat of subdivision within the subject property. In witness whereof, the City and the Owner have hereunto set their hands and seals and have caused this instrument to be executed by their duly authorized officials and the corporate seal attached hereto, all on the day and year first above written. CITY OF MCHENRY By: Z 29- ltg"Mayor Attest: taA1 City Cn (SEAL) OWNER By: Its: �( By: Its: Exhibit A Legal Description Parcel 1 That part of the southeast quarter of section 10, township 44 north, range 8, east of the third principal meridian commencing at east quarter corner of said section 10; thence south 89 degrees 20 minutes 17 seconds west along the north line of the northeast quarter of said southeast quarter, a distance of 849.97 feet to the point of beginning; thence south 00 degrees 31 minutes 38 seconds east, a distance of 385.22 feet; thence south 19 degrees 14 minutes 10 seconds east, a distance of 100.30 feet; thence south 00 degrees 31 minutes 38 seconds east, a distance of 403.01 feet; thence south 26 degrees 29 minutes 53 seconds west, a distance of 423.96 feet; thence south 11 degrees 02 minutes 43 seconds west, a distance of 80.00 feet; thence north 78 degrees 57 minutes 17 seconds west, a distance of 55.79 feet to a point of curvature; thence westerly 226.55 feet along a curve to the right having a radius of 840.00 feet, the chord of said curve bears north 71 degrees 13 minutes 42 seconds west 225.86 feet to a point of tangency; thence north 63 degrees 30 minutes 07 seconds west, a distance of 181.90 feet; thence south 26 degrees 29 minutes 53 seconds west, a distance of 168.64 feet to the south line of the northwest quarter of said southeast quarter; thence south 89 degrees 30 minutes 45 seconds west along said south lime, a distance of 403.99 feet to a line lying 20 feet easterly of and parallel with the easterly right-of-way of Illinois State Route 31; thence north 26 degrees 29 minutes 53 seconds east along said parallel line, a distance of 1481.53 feet to the north line of the northeast quarter of the said southeast quarter; thence north 89 degrees 20 minutes 17 seconds east along said north line, a distance of 413.81 feet to the point of beginning, containing 21.65 acres more or less. Parcel 2 That part of the southeast quarter of section 10, township 44 north, range 8, east of the third principal meridian beginning at the east quarter corner of said section 10; thence south 00 degrees 31 minutes 39 seconds east along the east line of the northeast quarter of said southeast quarter, a distance of 1324.07 feet to the northeast corner of the southeast quarter of the said southeast quarter; thence south 00 degrees 32 minutes 32 seconds east along the east line of the southeast quarter of the, said southeast quarter, a distance of 432.17 feet; thence north 89 degrees 57 minutes 56 seconds west, a distance of 50.30 feet to a point of curvature; thence westerly 568.31 feet along a curve to the right having a radius of 840.00 feet, the chord of said curve bears north 70 degrees 35 minutes 01 seconds west 557.53 feet to a point of tangency; thence north 51 degrees 12 minutes 06 seconds west, a distance of 101.69 feet to a point of curvature; thence northwesterly 343.91 feet along a curve to the left having a radius of 710.00 feet, the chord of said curve bears north 65 degrees 04 minutes 42 seconds west 340.56 feet to a point of tangency; thence north 78 degrees 57 minutes 17' seconds west, a distance of 67.40 feet; thence north 11 degrees 02 minutes 43 seconds east, a distance of 80.00 feet; thence north 26 degrees 29 minutes 53 seconds east, a distance of 423.96 feet; thence north 00 degrees 31 minutes 38 seconds west, a distance of 403.01 feet; thence north 19 degrees 14 minutes 10 seconds west, a distance of 100.30 feet; thence north 00 degrees 31 minutes 38 seconds west, a distance of 385.22 feet to the north line of the northeast quarter of said southeast quarter; thence north 89 degrees 20 minutes 17 seconds east along said north line, a distance of 849.97 feet to the point of beginning, containing 32.27 acres more or less. Parcel 3 That part of the southeast quarter of section 10, township 44 north, range 8, east of the third principal meridian commencing at the east quarter corner of said section 10; thence south 00 degrees 31 minutes 39 seconds east along the east line of the northeast quarter of the said southeast quarter, a distance of 1324.07 feet to the northeast corner of the southeast quarter of the said southeast quarter; thence south 00 degrees 32, minutes 32 seconds east along the east line of the southeast quarter of the said southeast quarter, a distance of 432.17 feet to the point of beginning; thence continuing south 00 degrees 32 minutes 32 seconds east along the said east line, a distance of 889.74 feet to the southeast corner of said southeast quarter; thence south 89 degrees 37 minutes 52 seconds west along the south line of the southeast: quarter of the said southeast quarter, a distance of 1333.88 feet to the southwest corner of the said southeast quarter; thence north 00 degrees 21 minutes 03 seconds west along the west line of the southeast quarter of the said southeast quarter, a distance of 1319.16 feet to the northwest corner of the southeast quarter of the said southeast quarter; thence couth 89 degrees 30 minutes 45 seconds west along the south line of the northwest quarter of the said southeast quarter, a distance of 203.51 feet; thence north 26 degrees 29 minutes 53 seconds east, a distance of 168.64 feet; thence south 63 degrees 30 minutes 07 seconds east, a distance of 181.90 feet to a point of curvature; thence easterly 226.55 feet along a curve to the left having a radius of 840.00 feet, the chord of said curve bears south 71 degrees 13 minutes 42 seconds east 225.86 feet to a point of tangency; thence south 78 degrees 57 minutes 17 seconds east, a distance of 123.19 feet to a point of curvature; thence southeasterly 343.19 feet along a curve to the right having a radius of 710.00 feet, the chord of said curve bears south 65 degrees 04 minutes 42 seconds east 340.56 feet to a point of tangency; thence south 51 degrees 12 minutes 06 seconds east, a distance of 101.69 feet to a point of curvature; thence easterly 568.31 feet along a curve to the left having a radius of 840.00 feet, the chord of said curve bears south 70 degrees 35 minutes 01 seconds east 557.53 feet to a point of tangency; thence south 89 degrees 57 minutes 56 seconds east, a distance of 50.30 feet to the point of beginning, containing 35.01 acres more or less. 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