HomeMy WebLinkAboutOrdinances - ORD-10-1506 - 06/28/2010 - AUHTHORIZE FOURTH AMNDMT INLAND BP CUNTA INCORDINANCE NO. ORD-10-1506
AN ORDINANCE AUTHORIZING THE EXECUTION OF A FOURTH
AMENDMENT TO THE INLAND BUSINESS PARK ANNEXATION AGREEMENT
DATED JUL,Y 26, 1995 BETWEEN THE CITY OF MCHENRY AND AMERICAN
NATIONAL BANK AND TRUST COMPANY OF CHICAGO, AS TRUSTEE UNDER
TRUST AGREEMENT DATED SEPTEMBER 27, 1993, TRUST NO. 117509-08 AND
INLAND CAPITAL FUND LP, A DELAWARE LIMITED PARTNERSHIP
ANNEXATION AGREEMENT, IN THE CITY OF MCHENRY, MCHENRY
COUNTY, ILLINOIS
WHEREAS, Heritage Pointe Estates and Dean Cunat are the legal owners of record
("OWNERS") of the approximately 28.3 acres of real estate located south of Bull Valley
Road and East of Crystal Lake 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 proposed Fourth Amendment to the Inland Business
Park 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 entry into said Fourth Amendment to the
Inland Business Park Annexation Agreement is in the best interest of the City; and
WHEREAS, the City of McHenry, McHenry County, Illlinois, is a home rule
municipality as contemplated under Article VII, Section 6, of the Constitution of the State of
Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule
powers and functions as granted in the Constitution of the State of Illinois.
NOW, 'THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS:
SECTION 1: The Fourth Amendment to the Inland Business Park Annexation
Agreement, bearing the date of June 28, 2010 between the City of McHenry and the
"OWNERS" be and the same is hereby approved. A complete and accurate copy of said
Fourth Amendment to the Inland Business Park Annexation Agreement, labeled "Fourth
Amendment to the Inland Business Park Annexation Agreement", is attached to this ordinance
and incorporated herein by reference.
SECTION 2: The Mayor and City Clerk are hereby authorized to affix their
signatures as Mayor and City Clerk to said annexation 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 28T" DAY OF JUNE, 2010
VOTING AYE: Santi, Blake, Wimmer, Peterson, Condon, Low
VOTING NAY: Glab, Schaefer
ABSTAINING: None
ABSENT: None
NOT VOTING: None
APPROVED THIS 28T" DAY OF JUNE, 2010
AYOR
ATTEST:
CITY C ERK
FOURTH AMENDMENT TO THE INLAND BUSINESS PARK ANNEXATION
AGREEMENT DATEDJULY 26, 1995 BETWEEN THE CITY OF McHENRY AND
AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, AS
TRUSTEE UNDER TRUST AGREEMENT DATED SEPTEMBER 27, 1993, TRUST NO.
117509-08: AND INLAND CAPITAL FUND LP, A DELAWARE LIMITED
PARTNERSHIP
This Agreement is made and entered into this 28T" day of June, 2010 by and between
the City of McHenry, a municipal corporation ("City") and Heritage Pointe Estates, LLC and
Dean Cunat ("Owners").
Recitals
A. The City approved Second and Third Amendments to the above -entitled
Annexation Agreement, respectively, on March 7, 2005 pursuant to City Ordinance No. 05-1248
and on September 18, 2005 pursuant to City Ordinance No. 06-1354.A.
B. Owners are currently the record titleholders to the real estate legally designated
for 203-townhome development units (commonly known as "the Villas of Patriot Estates") in the
above -referenced .Annexation Agreement, as amended, and legally described in "Exhibit A"
attached hereto, containing approximately 28.3 acres ("Subject Property").
C. The City and Owners desire to amend the Second Amendment to the above -
referenced Annexation Agreement, removing the 203-townhome units from the restrictions set
forth in paragraph 11 of the Second Amendment to the above -referenced Annexation Agreement.
D. Prior to the date of this Amendment, all public hearings were held upon proper
notice and publication, as required by law.
E. This Amendment is made pursuant to and in accordance with 65 ILCS 5/11-15.1-
1, et seq.
NOW THEREFORE, in consideration of the promises, agreements and commitments
made herein, the adequacy and sufficiency of which is acknowledged as being received by the
parties hereto, it is hereby agreed as follows:
Paragraph number 11 of the Second 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, as Trustee under Trust Agreement dated
September 27, 1993, Trust No. 117509-08 and Inland Capital Fund LP, a Delaware Limited
Partnership is hereby amended to read as follows:
11. AAe-Restriction. To ensure that the proposed development, other than townhouse
units, will be age -restricted in perpetuity, the following conditions shall be incorporated
into the Declaration of Covenants, Conditions and Restrictions and recorded against the
Property, except the 203-townhome units referenced in paragraph 5 (4), above:
a) Restricts occupancy to at least one person per unit who is.) f -five (55) years
of age or older.
b) Declares the intent of the development to be the provision of housing to
persons fifty-five (55) years of age or older.
c) Provides.for a detail procedure.for determining the age of prospective
residents prior to sale or occupancy of any units in the development.
d) Provides, for a procedure for an annual verification of the age of all residents.
e) Provides that all advertising for the development will include the
requirements for age -restriction to persons fifty-five (55) years of age or
older.
f) Provides a detailed procedure for the enforcement of the age -restricted
requirement.
The age -restricted language shall be included in all required deeds selling lots in the
development.
2. All of the remaining paragraphs and provisions of said Second and Third
Amendments to the July 26, 1995 Inland Business Park Annexation Agreement shall remain in
full force and effect.
OWNERS
Heritage Pointe states, LLC
Its Manager
Dean Cunat
Z \M\Mc Hen ryCityof\Cunat\AnnexAgmL4thAmendment.doc
CITY
n
usan E. Low, Mayor
Attest:
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ity Cttrk
2
Exhibit A
The Subject Property consists of 28.3 acres, more or less, and is legally described as follows:
PART OF LOT 153, N.E.A. 45 AND N.E.A. 46 IN PATRIOT ESTATES, BEING A
SUBDIVISION OF PART OF THE SOUTH HALF OF SECTION 4, AND THE SOUTHWEST
QUARTER OF SECTION 3, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED
NOVEMBER 3, 2006, AS DOCUMENT NUMBER 2006R0081409, BEING DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 153;
THENCE EASTERLY 39.25 FEET ALONG THE SOUTH LINE THEREOF, BEING ALONG
A CURVE TO THE RIGHT HAVING A RADIUS OF 793.80 FEET, CHORD LENGTH OF
39.25 FEET AND BEARS SOUTH 79 DEGREES 56 MINUTES 04 SECONDS EAST TO THE
PLACE OF BEGINNING; THENCE NORTH 09 DEGREES 10 MINUTES 16 SECONDS
WEST ALONG THE WEST LINE AND WEST LINE EXTENDED N.E.A. 46, A DISTANCE
OF 119.75 FEET TO THE NORTHWEST CORNER THEREOF; THENCE NORTH 12
DEGREES 12 MINUTES 00 SECONDS WEST, 15.68 FEET TO THE SOUTHWEST
CORNER OF N.E.A. 45; THENCE NORTH 16 DEGREES 07 MINUTE'S 30 SECONDS
WEST ALONG THE WEST LINE THEREOF, 110.00 FEET TO THE NORTHWEST
CORNER THEREOF; THENCE NORTH 39 DEGREES 47 MINUTES 07 SECONDS WEST,
27.99 FEET TO THE SOUTHWEST CORNER OF N.E.A. 44; THENCE NORTH 82
DEGREES 24 MINUTES 22 SECONDS EAST ALONG THE SOUTH LINE THEREOF AND
SAID LINE EXTENDED, 155.62 FEET TO THE NORTHERLY EXTENSION OF THE WEST
LINE OF N.E.A. 48; THENCE SOUTH 15 DEGREES 35 MINUTES 45 SECONDS EAST
ALONG SAID WEST LINE, 163.32 FEET TO THE SOUTHWEST CORNER THEREOF;
THENCE SOUTH 17 DEGREES 38 MINUTES 16 SECONDS EAST, 24.29 FEET TO THE
NORTHWEST CORNER OF N.E.A. 47; THENCE SOUTH 05 DEGREES 40 MINUTES 10
SECONDS EASTALONG THE WEST LINE THEREOF AND THE WEST LINE
EXTENDED, 138.76 FEET TO SAID SOUTH LINE OF SAID LOT 153; THENCE
WESTERLY 58.14 FEET ALONG SAID SOUTH LINE, BEING ALONG A CURVE TO THE
RIGHT, HAVING A RADIUS OF 392.00 FEET, CHORD LENGTH Of, 58.08 FEET AND
BEARS NORTH 77 DEGREES 04 MINUTES 59 SECONDS WEST; THENCE NORTH 72
DEGREES 50 MINUTES 04 SECONDS WEST ALONG SAID SOUTH LINE, 16.22 FEET;
THENCE WESTERLY ALONG SAID SOUTH LINE 78.74 FEET, BEING ALONG A
CURVE TO THE LEFT, HAVING A RADIUS OF 793.80 FEET, CHORD LENGTH OF 78.70
FEET AND BEARS NORTH 75 DEGREES 40 MINUTES 34 SECONDS WEST TO THE
PLACE OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS.
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