HomeMy WebLinkAboutOrdinances - ORD-12-1603 - 10/01/2012 - 1st Amendment to the Meyer Material N Annex Agreem(1 91
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COVER SHEET
PHYLLIS K. WALTERS
RECORDER-MCHENRY COUNTY, IL
2012ROO51457
10/31/2012 11:23AM PAGES 17
RECORDING FEE 63.00
GIS FEE 15.00
Attached by
Phyllis K. Walters
McHenry County Recorder
for the purpose of affixing Recording information
- 6
Department of Community &
Economic Development
g Martin, Deputy City Administrator
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
dmartin@ci.mchenry.il.us
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ctober 2012.
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Department of Community &
Economic Development
g Martin, Deputy City Administrator
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363�2170
Fax: (815) 363-2173
dmartin@ci.mchenry.il.us
www.ci.mchenry.il.us
MATERIAL NORTH ANNEXATION AGREEMENT WITH FOR A 156mACRE PROPERTY LOCATED ON
THE NORTH SIDE OF ILLINOIS ROUTE 120 APPROXIMATELY 517 FEET EAST OF THE
NTERSECTION OF EAST WONDER LAKE ROAD AND ILLINOIS STATE ROUTE 120,, IN THE CITY OF
MCHENRY, MCHENRY COUNTY, ILLINOIS
itle holder and Meyer Material Company, LLC, an Illinois Limited Liability Company sole
)eneficial owner is the legal owner of record of the real estate ("Record Owner") located on the
iorth side of Illinois Route 120, approximately 517 feet east of the intersection of East Wonder
Lake Road and Illinois State Route 120, in McHenry County, Illinois; and
newspaper OT general circulation in the Uty OT ivicrienry, within the time provided by law,
notifying the public of a hearing on said First Amendment to the Meyer Material North
Nnnexation Agreement before the Corporate Authorities of the City of McHenry; and
%: 431 " 5 a z) 1 a kj U I u y a VV a " C1 V � U " 0 �" I y y
Vlaterial North Annexation Agreement is in the best interest of the City.
C DE 1�r nDr�%AIKIE:r�% DV YUC hAAVnD Amn ri7y rn"Kirii nF. TWI: r1TV rW
UrMnKi 1: Thin First A endment to the Mever Material North Annexation
:orporation in the State of Illinois and the Record Owner be and the same is hereby approved.
% complete and accurate copy of said first amendment labeled "First Amendment to the Meyer
Vlaterial North Annexation Agreement", is attached to this ordinance and incorporated herein
)y reference as Exhibit "A."
I I Ab
X M
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Department of Community &
Economic Development
g Martin, Deputy City Administrator
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363�2173
dmartin@ci.mchenry.il.us
www.ci.mchenry.il.us
s Mayor and City Clerk to said First Amendment to the Annexation Agreement for the uses and
urposes therein set forth.
1� k I A 1� If L� �A:
0
uthority of the corporate authorities of the City of McHenry, McHenry County, Illinois.
1, and publication in pamphlet form as provided by law.
qAYS: None
%BSTAINED: None
%BSENT: None
I OT VOTING: None
%PPROVED THIS Ist DAY OF OCTOBER, 2012
MAYOR
kTTEST:
artment of Community &
Economic Development
IMT
g artin, Deputy City Administrator
McHenry Municipal Center
Green 3LreeL
crienry, I no s 60 50
hone: (815) 363-2170
Fax: (815) 363�2173
rtin@ci.mchenry.il.us
www.ci.mchenry.il.us
FIRST AMENDMENT TO MEYER MATERIAL NORTH ANNEXATION
AGREEMENT DATED OCTOBER 14,2002
This First Amendment to Annexation Agreement is made and entered into this 1 st day of
October, 2012, by and between the City of McHenry, a municipal corporation, in the State of
Illinois (hereinafter referred to as the "City"), and Meyer Material Company, an Illinois limited
liability company, of 580 South Wolf Road, Des Plaines, Illinois 60016, hereafter "Meyer", and
Chicago Title Land Trust Company, as Trustee under Trust No. 53278, 111 West Washington
Street, Chicago, Illinois 60602, hereafter "Trust" and hereafter Meyer and Trust are collectively
referred to as "Owner"):
WITNESSETH:
WHEREAS, Trust is the record owner of the real estate (hereinafter "Subject Property")
described in Exhibit "A" attached hereto and incorporated herein by reference because the
Subject Property was deeded to the Trust after the 14th day of October, 2002; and
WHEREAS, Meyer is the sole beneficial owner of Trust; and
WHEREAS, the Subject Property constitutes territory annexed to the City under the
terms of an Annexation Agreement dated the 14 th day of October, 2002 entered into between the
City and the then record title holder, Meyer Land Holdings, Inc. and its lessee, Meyer Material
Company, an Illinois general partnership, hereinafter "Annexation Agreement"; and
WHEREAS, Meyer Land Holdings, Inc. has conveyed ownership in the Subject Property
to Trust; and
WHEREAS, the parties desire to amend the terms of said Annexation Agreement by this
First Amendment; and
WHEREAS, the City does not maintain fire protection or public library; therefore no
notice is required to be given to the trustees of the respective fire protection district and library
district; and
WHEREAS, there are no township roads which are involved in the annexation of these
premises; and
WHEREAS, the Corporate Authorities of the City of McHenry, after due and careful
consideration, have concluded that this First Amendment would further the growth of the City,
enable the City to control the development of the area and serve the best interests of the City; and
WHEREAS, pursuant to the provisions of 65 ILCS 5111-15.1-1 et seq., this proposed
First Amendment to Annexation Agreement was submitted to the Corporate Authorities of the
City of McHenry and a public hearing was held thereon before the City Council of the City of
McHenry, pursuant to notice as provided by statute, of the State of Illinois;
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREIN, IT IS HEREBY AGREED BY AND BETWEEN THE CITY AND
THE OWNER AS FOLLOWS:
1. This First Amendment is made pursuant to and in accordance with the provisions
of 65 ILCS 5111.15.1-1 et seq., that said statutory provisions provide for amendments to
annexation agreements to be entered into between Owner of record and municipalities; that all of
the requirements of the Illinois Compiled Statutes and specifically 65 ILCS 5/11-15. 1 -1 et seq. in
regard to publication and notice have been met prior to the date fixed for the hearing on the
proposed First Amendment.
2. The recitals set forth hereinabove are incorporated herein by this reference.
2
3. That this First Amendment is entered into after a public hearing before the
Corporate Authorities of the City of McHenry which hearing was held in accordance with the
provisions of the aforesaid statutes of the State of Illinois.
4. That one of the purposes of this First Amendment is to provide for certain
changes to the October 14, 2002 Annexation Agreement which changes are set forth in this First
Amendment.
5. That the Owner of the Subject Property has filed with the City Clerk of the City of
McHenry a proper Petition for entering into this First Amendment of Annexation Agreement.
6. That on October 14, 2002, the City of McHenry passed Ordinance No. ORD-02-
1121 granting a Conditional Use Permit for the operation of a sand and gravel operation for the
Subject Property which Ordinance remains in full force and effect and is attached hereto as
Exhibit "B".
7. That Paragraph 21 of the Agreement, the parties agreed to the following:
"Amendment. This agreement may only be amended by written instrument
executed by all parties hereto. Provided, however, in the event title to the
PREMISES, in whole or in part, is transferred to successors in interest, future
amendments relating to the PREMISES may be made by and between the CITY
and the title holders to the parcel specifically requesting the amendment without
consent required by other record owners of the PREMISES."
8. That the parties agree that the Conditional Use Pen -nit for sand and gravel
operations set forth in Ordinance No. ORD-02-1121 and the binding effect and term of the
Annexation Agreement are extended to October 13, 2022.
9. That if any provision of this First Amendment is inconsistent with or in conflict
with the Annexation Agreement, then the provisions of this First Amendment shall control,
however, all other provisions of the Annexation Agreement shall remain in full force and effect.
3
um inat the covenants and agreements contained in ims rirst Amendment snall be
eemed to be covenants running with the land during the term ot the rimftIlICHUMMIL anU InUre
o the benefit of and e n ng upon e W111F.1, LZO an az5;31611a %� Y� a
�X-F�x � I j
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, wind, shall be eeme an o g n 9
i mumcipal corporation
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I 1:11N� IVI�ft I Z15� tti U k� IVIrA s LLUI
n Illinois limited liability company
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A�A I I tLL LA I U �) I k.UMrAIN Y
s Trustee under Trust No. 53278
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IM 10 VAUW U y I e undersignO Lanry I rustee
not ersonally but sole as Trustee In the exercise of the o0wer
anTauthorityconferre upon and vested in it assuoi lrw4eq,
It is expressly understood and agreed that all the oarlanties,
ndemnities, representations, covenants, undertakings and
agreements herein made on thte part of fl-w-, Triistee are
Undertaken by it solely in its cRpacity as Trustee are not
)ersonally, No personal liabilRy ork f-lersonal responsibility is
assumed by or shall at any time be assded or enforceable
5
gainst the Trustee on accoumt of any warranty, indemnity,
a
Oproser ation, covenant, undertaking or agreement of M
rustee ii i this instrument,
EXHIBIT "A"
LEGAL DESCRIPTION
Parcel 1: That part of Section 20, Township 45 North, Range 8 East of the Third Principal
Meridian, described as follows: Commencing at the southwest comer of said Section 20;
running thence East on the South line of said Section, 50 rods; thence North 160 rods to a point
which is 49 rods due East from the Northwest comer of the Southwest Quarter of said Section;
thence West 49 rods to the Northwest comer of said Quarter Section; thence South on the West
line of said Section, 160 rods to the place of beginning (excepting therefrom I acre, described as
follows: Commencing 27 rods East of the Southwest comer of said Quarter; running thence
North 13 rods; thence East 13 rods; thence South 13 rods; thence West 13 rods to the place of
beginning; ALSO excepting therefrom that part thereof conveyed to Community Cablevision,
Inc., by Warranty Deed dated December 20, 1979 and recorded January 11, 1980 as Document
Number 788058, AND ALSO excepting that part thereof conveyed to the State of Illinois for the
use of the Department of Transportation by Deed recorded as Document No. 627516) in
McHenry County, Illinois.
Parcel 2: The East Half of the Southeast Quarter of Section 19, Township 45 North, Range 8
East of the Third Principal Meridian, which lies Northerly of the right of way line of State Route
120, in McHenry County, Illinois.
Parcel 3: Part of the West Half of the Southeast Quarter of Section 19, Township 45 North,
Range 8 East of the Third Principal Meridian, described as follows: Beginning at the Northeast
comer of the West Half of the said Southeast Quarter; thence West, along the North line thereof,
48 rods to a point; thence South parallel with the East line of said West Half of said Southeast
Quarter, 100 rods to a point; thence East, parallel with the North line of said Southeast Quarter,
48 rods to a point on the East line of the West Half of said Southeast Quarter, which is 100 rods
South of the place of beginning; thence North along said east line, 100 rods to the place of
beginning, in McHenry County, Illinois.
PIN Numbers: 09-20-300-012; 09-19-400-002 and 09-19-400-005
7ri
ORD-02-1121
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MILAN NCE N UKVRR*UZ%RR1121
IN limu"NIANCE GRA TING A CONDITIONAL USE PERMIT
OR THE OPERATION OF A COMMERCIAL -SAND AND GRAVEL OPERATION,
IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
"HEREAS, a petition has been filed with the City by Meyer Material Company
requesting a Conditional Use Permit for a sand and gravel operation, fo . r the property
ocated on the north side of Illinois State Route 120 approximately one-half mile east of
he intersection of Wonder Lake Road and Illinois State Route 120 and legally described
to
n Exhibit "A" attached hereto and incorporated herein, the "SUBJECT PROPERTY",
nd
V U before the zoning Board
)f Appeals on January 24, 2002, in the manner prescribed by ordinance and statute,
nd as a result of said hearing, the Zoning Board of Appeals did recommend to the City
ouncil the granting of the requested Conditional Use Permit, and
I
ve" 01.1on
from the Zoning Board of Appeals and finds that the approval of the requested
8 6
Conditional Use Permit is consistent ith the objectives of the City of McHenry Zoning
W1
Drdinance to protect the public health, safety, morals and general welfare of its
Residents,
10, AS FOLLOWS,@
SECTION 1: That the SUBJECT PROEPRTRY 4
IS haraK + rRJ
VIMIL or Me operation of a sand and gravel operation,
00T)V
OtL; ION 2: In granting said conditional use permit, the City Council findithaii
he requirements of Table 31 Of the Zoning Ordinance have been met in that,
a "y adverse impact of types or volumes of traffic flow not otherwise typical
in the zoning district has been minimized.
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of noise, glare, odor, dust, waste dIsPosalt blockage
of light or air, or other adverse environmental effects of a type or degree
not characteristic of permitted uses In the zoning district, have been
appropriately controlled,
"IUUO Y VVILI I the existing natural or man�
made character of its surroundings, and with permitted uses in the zoning
district. The use will not have undue deleterious effect on the
en 0 vironmental quality, property values, or neighborhood character already
4
existing In the area or normally associated with permitted uses in the
district,
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to a degree disproportionate to that normally expected of permitted uses in
the d's nc
I t t, nor generate disproportionate demand for new services or
facilities, in such a way as t o place undue burdens upon existing
4
development In the area,
employees, patrons, or visitors associated with the use nor of the general
public In the vicinity, and
FVILMM"LtUthe onanional Use and Its particular location,
6: All Ordinances or parts thereof in conflict with the terms and
rovisions hereof are hereby repealed to the extent of such conflict,
Willance shall obe PUDIlshed In pamphlet form by and under
4 a
he authority of the corporate authorities of the City of McHenry, McHenry County,
I a 8
inois.
elibct hom and aner its
e approval and n"Wirnfinn In
I v %0 y czvv�
BOLGER, GLABs LOW WIMMER
YES&
MI1Dr.ATDAVn
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egal Description of the SUBJECT PROPERTY
That Part Of Section 20$ Township 45 North, Range 8 FWt ofthe Third Principal Meridian,
described as follows* Comm , I
on the South line of I encmg at the Soutjawest comer Of said Section 20; running thence East
id Section, so rods thene
Sal e North 160 rods to apoint which, 49rodsdueEast
fi`Om the Northwest corner of the SOuthwesi Quarter of said Section: th IS
Northwest corner of said Quarter Section; thence South -ence West 49 rods to the
on the West line of said Seotion, 160 rods to
the place ofbeginning, (exeLTting therefrom I acre$ descaibed as 0
Of the Southwest comer of said Quarter, running thence North f011Ows* Commencing 27 rods East
13 rods; thence East 13 rodsol thence
South 13 rods,e thence West 13 rods to the place of beginning, ALSO excepting therefrom that part
4 a V 0
thereof conveyed to Community Cablevnion, Inc., by Warnnty Deed dated December 20, 1979 and
recorded Anuary 11, 1980 as Document Number 7880589 AND ALSO excepting that part thereof
conveyed to the State Of Illinois for the use ofthe Department of Transportation
Document No. 627516) mi McHenry County, I&Ob byDeed recorded as
Pprnod 74 714A VA"
)f the Third Prin i al meri&an, which lies Northerly of %ju 7, 1 'UWIISMP 4.) North, Range
MP 8 East
the night of way line of State A
,qcHenry Count3 Illinois, Route 120 in
Ot Luc Lnuurn=paimenmanciescnbedasfoRows: Beginning at the Northeast comer of
ft West ImIalf of the said Southeast Quartert thence Wes
along the North fine thind, 48 rods to a
oint; then e6 South parallel wM the East line of said West Half of said Southeast Quartet, 100 rods
b RPOint thence Eas parallel with the North line of said Southeast Quarter, 48 rods to a Point on the
aid is 6Sout 'ofthopla of
Bast line of the West Half of S 4 Southeast Quartery which 1 100 rods h 6e
* 0 4 thence North along s 0 East line, 100 rods to the place of beginning, *in McHany County,
eguininZ, aid
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olso