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HomeMy WebLinkAboutOrdinances - ORD-15-1745 - 07/20/2015 - CUP FOR PADS W/CONDITIONS 1809 S ROUTE 31EMIEUMEW i 1 ORDINANCE NO. ORD-13-1745 AN ORDINANCE AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO THE PRESERVES OF BOONE CREEK ANNEXATION AGREEMENT DATED APRIL 11, 2005 BETWEEN THE CITY OF MCHENRY, A MUNICIPAL CORPORATION, IN THE STATE OF ILLINOIS ("CITY"), FIRST MIDWEST BANK TRUST #4562, FIRST MIDWEST BANK TRUST 113375 ("OWNERS") AND GERSTAD BUILDERS (`BENEFICIARY AND DEVELOPER") IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS GIS FEE 15.00 This space reserved for Recorder's use onlp. WHEREAS, the City of McHenry, McHenry County, Illinois, 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; and WHEREAS, the City has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs and that protect the public health, safety, and welfare of its citizens; 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 First Amendment to the Preserves of Boone Creek 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 First Amendment to the Preserves of Boone Creek Annexation Agreement 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 l: The Mayor and City Clerlc are hereby authorized to execute the First Amendment to the Preserves of Boone Creek Annexation Agreement, a true and correct copy of which is attached hereto. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. 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 in full force and effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. PASSED and APPROVED this 20`�' day of July 2015. AYES: NAYS: ABSTAINED: NOT VOTING: ABSENT: ATTEST: r MAIL T0: CONDON, PETERSON, WM�ER, CURRY, SANTI, LOW GLAB NONE NONE SCHAEFER Clerk CITY OF MCHENRY ��qq- MARCI GERAGHTY, DEPUTY CLERK .�V9� 333 S GREEN STREET MCHENRY, IL 60050 Mayor 0 First Amendment to the Preserves of Boone Creek Annexation Agreement This is the First Amendment to the Preserves of Boone Creek Annexation Agreement originally approved by the City Council of the City of McHenry and dated April 11, 2005 ("Original Agreement"). This First Amendment is entered into this 20T" day of July, 2015, between the City of McHenry, an Illinois municipal corporation, 333 S Green Street, McHenry, IL 60050 ("City"), First Midwest Bank Trust #4562, 4502 W Crystal Lake Rd, McHenry, IL 60050, not individually, but as Trustee Under a Trust Agreement dated January 11, 1989, and known as Trust No. 4562, First Midwest Bank Trust #13375, 4502 W Crystal Lake Rd, McHenry, IL 60050, not individually but as Trustee under a Trust Agreement dated January 8, 2003 and known as Trust No. 13375, ("Owners"), and Gerstad Builders Inc., 1600 Reagan Boulevard, McHenry, IL 50051, ("Beneficiary and Developer") and any subsequent successors and assigns regarding the property located on the east and west sides of Curran Road and on the north side of Bull Valley Road in the City of McHenry ("Subject Property") legally described on Exhibit A attached hereto and incorporated herein. NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is hereby agreed by and between the parties hereto as follows: 1. Paragraph 6 of the Original Agreement, Agricultural Uses, is hereby deleted in its entirety and replaced with the following language: "6. Agricultural Uses. The Owner shall be permitted to continue farming crops on the SUBJECT PROPERTY, including that part of the Right -of Way Dedication referenced in Paragraph 26 below, that are not currently or in the future constructed with street or street drainage improvements, until such time that any part of the SUBJECT PROPERTY receives final subdivision plat approval by the City. The OWNER hereby agrees to indemnify, defend, and hold harmless the City, its elected officials, its duly appointed officials, agents, employees and representatives, from and against any and all claims suits, settlements, actions, losses, expenses, damages, injuries, judgments, and demands arising out of any farming activity on those portions of the SUBJECT PROPERTY now or hereinafter dedicated to the City." 2.. Paragraph 25 of the Original Agreement, Road Improvements and Contributions, is hereby deleted in its entirety and replaced with the following language: "25. Road Improvements and Contributions. a) OWNER agrees to construct all roadway improvements within the Subject Property which may include any or all of the following: left-hand/right- hand turn lanes, acceleration and deceleration lanes, a boulevard, additional lanes, roadway widening, traffic signal, curb and gutter, sidewalk, bike path and/or stormwater ditches associated with the development of the SUBJECT PROPERTY. b) With regard to road improvements to the Bull Valley/Curran Road intersection improvements off -site of the Subject Property, OWNER shall either install City required construction improvements to enhance this intersection or contribute a cash contribution, in lieu thereof the amount of four hundred thousand (400,000) dollars ("Road Cash Contribution") towards the cost of road improvements to the Bull Valley/Curran Road intersection. This Road Cash Contribution may be used to construct left- hand/right-hand turn lanes, acceleration and deceleration lanes, a boulevard, additional thru lanes, roadway widening, traffic signal, curb and gutter, sidewalk, bike path and/or stormwater ditches.. The specific roadway improvements to the Bull Valley/Curran Road intersection shall be determined by the CITY'S Engineer. OWNER's "in -kind" contributions shall be evidenced by paid receipts for the construction of these improvements submitted to the CITY to verify the dollars spent. If OWNER elects to construct the required improvements, OWNER shall either construct said improvements within ninety (90) days after the first final plat of subdivision for the commercial development of the SUBJECT PROPERTY; or prior to the issuance of a building permit for the 200th residential unit within the SUBJECT PROPERTY, whichever occurs first OWNER shall follow all design review, letter of credit, and bonding requirements required by the ordinances of the CITY or other controlling jurisdictions. If OWNER elects to pay the Road Cash Contribution, this payment shall be made within ninety (90) days after the first final plat of subdivision for the commercial development of the SUBJECT PROPERTY; or prior to the issuance of a building permit for the 200th residential unit within the SUBJECT PROPERTY, whichever occurs first. c) On May 1, 2025 and each May 15t thereafter the Road Cash Contribution amount shall be adjusted upward by the percent that the Chicago Area Price Index increased the preceding year. For the purpose of this paragraph, the Consumer Price Index to be used shall be that index for the annual Chicago Area CPI-U, as published by the United States Department of Labor Bureau of Labor Statistics. d) OWNER acknowledges and agrees that several additional off -site intersections, in addition to the Bull Valley/Curran Road intersection improvements, and other roads within or near the SUBJECT PROPERTY are not currently improved to meet traffic volumes expected as a result of development of the SUBJECT PROPERTY. OWNER acknowledges and agrees to contribute $100,000 towards the cost of off -site road improvements in the vicinity of the area of the SUBJECT PROPERTY. These additional intersections and roads include but are not limited to: the intersection of Crystal Lake Road and Bull Valley Road; and the intersection of Draper Road and Bull Valley Road. Said $100,000 contribution shall be made in two installments of $50,000 each, the first being due within (90) days after City approval of the first final plat of subdivision and the second being due within (90) days after approval of the second final plat of subdivision." 3. Paragraph 26 of the Original Agreement, Right -of Way Dedication -West McHenry Bypass, is hereby deleted in its entirety and replaced with the following language: "26 Right -of Way Dedication —McHenry County 2040 Long Range Transportation Plan. a) OWNER acknowledges that the McHenry County 2040 Long Range Transportation Plan includes a Motorized Vehicle Plan; list of future Motor Vehicle Projects and Motor Vehicles Projects and Plan Goals Evaluation attached hereto and incorporated herein as Exhibit B. Included on Exhibit B and identified as M11 is a proposed New Congestion Mitigation Route Southwest of McHenry, which extends from Illinois Route 31 west, crossing the Union Pacific Railroad Tracks extending west of Crystal Lake Road and north along Curran Road bisecting the SUBJECT PROPERTY. b) The Plat of Dedication for right-of-way along Bull Valley and Curran Roads prepared by HR Green dated July 10, 2015 and consisting of one page attached hereto and incorporated herein as Exhibit C is hereby approved, shall be executed by Owners, Beneficiary and Developer no later than August 15, 2015 and thereafter executed and recorded by the City. Owner and Beneficiary and Developer shall be responsible for payment of all taxes, fines and assessments levied upon the lands, improvements and other property, through December 31, 2015, included on Exhibit C. In the event City receives a notice of unpaid taxes, assessments) or fines) which are to imposed on the land heretofore dedicated on Exhibit C City shall provide Owners and Beneficiary and Developer with copies of each such notice. Owner and Beneficiary and Developer shall pay any unpaid taxes, assessments) or fines) within thirty (30) calendar days of receipt of such notice from the City." 4. Paragraph 29 of the Original Agreement, Binding Effect and Term, shall be deleted in its entirety and replaced with the following language: "29. 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 until April 11, 2035." �S 5. Conflicts In the event the terms of this First Amendment conflict with the terms of the Original Agreement, the terms of this First Amendment shall govern. Except as specifically provided herein, the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto 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 date and year first above written. Attest: �� � � •� nice C. Jones, ity Clerk Owners: First Midwest Bank Trust #4562 as Trustee and not personally By: Print Name: Carol Roeske Its: Authorized Signer City of McHenry By: usan E. Low, Mayor First Midwest Bank Trust #13375 as Trustee and not personally Print Name: Carol Roeske Its: Authorized Signer Gerstad Builders Inc. (Beneficiary/Developer) Print Name: ,('ar�,l � ��s v Its: j;' cs i ��� T� �,:4��T��°� �����31��TT��;l�ED f���%' i � ��f a` l,'i� o���� �i���� ��'��I��Q� V RIDER ATTACHED TO AND MADE A PART OF FIRST AMENDMENT TO THE PRESERVES OF BOONE CREEK ANNEXATION AGREEMENT DATED DULY 20, 2015 This instrument is executed by FIRST MIDWEST BANK, not personally but solely as Trustee under Trust Numbers 4562 and 13375 in the exercise of the power and authority conferred upon and vested in it as such Trustee. All the terms, provisions, stipulations, covenants and conditions to be performed by FIRST MIDWEST BANK, are undertaken by it solely as Trustee, as aforesaid, and not individually, and all statements herein made are made on information and belief and are to be construed accordingly, and no personal liability shall be asserted or be enforceable against FIRST MIDWEST BANK, by reason of any of the terms, provisions, stipulations, covenants and/or statements contained in this instrument. n Exhibit A Legal Description of Subject Property GC7VERNI+' qNT �C�T 1. Q}� 'T?iE NUFtTHEA9T �U'FE�t C7F SEC'T'ICJ�T � (EXGE�'1' THAT ��R'I' BEING DESCRTHED AS F"pLL�}T�3S : CCJ�I3CIi`C AT Tf�IE SUT.7THWEST C�71Zt�"ER �7�' THE NQSC'I'HEAST t�UASt'�'El� CIF SAID SECTIt�N 5 ANI7 R�JNNI�iG THENCE- EAST c�%J TFTE �C)IITH LTIvE TiiEFLEC3F, FQ"R„� DISTANCE aF �,t736.14 FEET TQ A FCJIPdT Fp�2 THE PL_ZLCE QF k�EG233'NIi+iG, THENCE �tC7RTH AT R.ICHT .221tii�'TaE�` Tc� THE LAST L7ESCRIBED Ts�Ils, s`�,T THE' LAST DESCR.IDEi� POIL�T'i", FQR A DTSTA�7CE t�F �1�' . pi FEET TG A �c�Ii7T; `L'SfENCE EAST S'ARAi:LEL W;�TH THE ,aQC7Tii LII� c�F THE �iC�RTHEAST [QUARTER pF SAzp SECTIt�i� �, FpR A I�IST.�.NCE QF �fi8.'7"!, FEET T{! .�} F{]�%T'�; THENCE ,�C7�L�TH, FQR A I�ZSTA�;CE {7F 31,3 . Cl7 FEET TQ A S'C]INT QN TTiE S+QU't'Ti LIb1E CF THE NC�RTI-JEAST QI::F#RTER CJF SASS? SECTICJtti 5 , SAID PQIi�T BEING 2+� � . 7:� �'E�;'S' EAST' C3F T�3E. PI�AC$ �}F E3EGINi�FI11TGr 'I'SiENCE WEST, �'C3R A DIS'I°ANCE GF 20E.7:� FEET TC] TFiE Pi,ACE 4F �EGINNIi+J�a} , ALSQ '1'�E WEST HAIa�' DF G'Q"w'ERNI�fENT LC�7' 2 QF THE NCJRTTiEA.S'S'' QUARTER C)r SAI�3 SEC'�TUl`� 5, ALSCS A PAJ2T CIF COVERNJ�El�T LQT � QF TIIE Ni7R`i'iiWE&T �LJARTEE� Q�' SAI�7 Sk,CTSC}N , DESCRI�EL7 AS Ft�LLQ�IS: I3F,GTI�ININC A,T THE CENTI�R, C��' SAID SECTIC?�7 S A�'� Ri7N�?ING 'I`iiENCE 1�'`C7R'��i ALONG THE NC?RTH ANL3 SUUTI� t�tTARTEI� LINE, XOi2.5 FEE`S', MpFcE C7R LESS Ta TiiE N�4S2.TT�Et�T CC112NER C}F �'HE st?UTH E5 ACRBS Q�' SAIL3 N{�1�TI3WEST �7UARTER, T13ENCE ti�iEST I"AI�LLEI, WTTEi TfiE EAST ANE t�TEST �7L7ARTER .LINE � 1 t715 . � 8 FEET, THENCfs S(]S7TFi PARALLEL WI"�H SAID �3'CRTH AA''Hl SC7UTH �UARTEI�, LINE, 1Ci7� .5 FEET, NpF2E (7R LE'SS, TCi THE SAID E;A.ST i�dD WFSST QS7ARTER L23dE; TT�E�dCE EA,�"�' ALi�NC SAID EA;'T` AApD WE;=R Q�L7ARTER 7�IIkE, 1015 , 3 9 FEET TC� THd PUCE C?�' BECiI�JNIriTCx; ALSQ THE Nf�R'PI�YP7EST QL7ARTE1� 4F' SEC'.'£'IC�N �€, A%Iy BEII�7'Ci I1�7 TC?V,T3.VST�IP tid NC7RTI-dr F�;4I4C�E 8 �',.t�,�T C}F THE "I'I�IRI3 F"RTNCI�,'p.L bSERnS3IA�7r IN �Ci�ENR'� Ct�`�7NT3`', IL?aINL7ZS; 0 Exhibit B ®�©�i�ed Vehicles Plan, Motor Vehicle Projects and Motor Vehicles Plan Goals and Evaluation (McHenry County 2040 Long Range Transportation Plan) Motorized Vehicle Plan'. $1 Billion Investment +� Motor¢ed Vehicle CaPachy/ Operations Project • Interdtange _'� Cortidor Preservation aninm „� paaitrd a u.-V w:re was rora,rma.vm x,.w�a�d n aemr, rsiummd br .,a agu hiciig, and mul ha n mma go� d mp, Thn:narofinprwa<ts4'.�>n irmdukd'm fiic Han Map n`a.F'iswitlr vmmminn p&c..,ry are ur � pn.nny. Tnc p.,ni,w.a,:;d,..+ao ��aiert%iaa ff� pojeeh. gma[:umrr Nnkl�[wfuk qe.r. �,_ -— `�•bIl — -- —. -- — --1HEBRON RICHMONP 1[�Il;�? s f -- _--- i � �� - �n�_ - -- -= , _ - - ,_... I 1 ��IlI i � i LION — _� j"'�Il`�, �'� HUNTLEY 1. Amtl Car`z'+.tlytaLL Po 1! d7 G!lw!� nunOtyana Nboastack x amca;ynrytouaow! dV mtwoa$txk a. Anocaaaytaunam! at �twe.ngm�ake +.nE A4�Yi!my d- AtltlCaratfrymUS lA udwkenCrycal laklaM VAtaSsfo t i. F3e CAny clan ano IT'eax Aae¢s Ia?97 Al Mamnga 4 A042SCm1ge3llonanU �r :� Nant�t �. Aad2zsCang!sgananG s�ery � 5owreast a 6�N2w LfnRi 9- RTS!t'R Cgrtttlushx FuhJreH�d!ning g`lCti}.iE 94: Motorized Ve$icles Pla �1'iic�-EErau�, (',rstt�tfi�. 2U40� - LONG ItANGt Transportation Plan Motorized Vehicles Plan, Motor Vehicle Projects and Motor Vehicles Plan Goals and Evaluation (McHenry County 2040 Long Range Transportation Plan) MOT©R,IZED VEIiICLE PROJECTS Raadvray unprovetnent ideas for motorized vehicle v�ere taken from the Coanty's 2020 Long Range Transportation Plan adopted in 2005, fiom the on-line cammvrtity map and library lziosks, and by reviewing cmzent cammumty and state transportation glans. Projects were prioritized if they were voted far an -line v+ith an average of 3.0 or greater, mcfnested by an agency in writing, and met fors or more goals of the plan These are the projects that arc included in the Plan Map in Figare 94). A fcUl explanation of this evaluafioa is included in Appendix F. Lahet ProjeatNaux Project Cats ($2013) Yates Agency Goals Priomty MI Woodstock to Huntley Capacity, Operations, and Side Pa0t (1L 47 [tarn IIS 14 to Raed Road) $104,800,OOD Yes Yea Yc�s ffigh M2 Woodstock TralBe Ctrculatlos {II, aT IromIIS 14 to Chades Raad) $94,900,000 Yon Yes Yea High M3 Crystal lake to McH.�my Cauaci[y, Operations, and Side Pa0t (IL 3I) $101,1OQ000 Yes Yea Yrs }iiylt M4 CrysW lake m Woodstock Capacity, Operatiana, and Side Path (US L) $75,7i10,000 Yes Yea Yes High MS E{idanond to Fax lake Capacty, Operations, and Sidu Pah (U512j $125,800,000 Yes Yc Yes high M6 Marengo Aeneas la Lverstale 90, South Bypass, IL 23 inearsecttans $93,9DD,000 Yea Yea Yes High M7 Nnrth McAeury Fox River Crossing from Chapel HIB to H. 31 $47,OOQ000 Yes Yes Yeu High M8 Ringwood Raad a¢d Sluing (Move Road Corridnr Preservation 55,100,000 Yea Yes Yes High M9 R=+,da0 Road Cormnercial Center ➢evelopmnN (Add Capacity tar MalorisLs, Hieydee, Pedestrians, and Trazuit II eta} $90,B00,000 No Yes Yes Medium MIO NarthAlgoaqutnfluRiver Crossutg $76;500,000 Yes No Yes Medium Mll New Congestion ifitigatioa Route Sau0twest a[McHenry $51,300,000 Ycs No Yos Medium M12 New SouthernArterW from II, 23 to II.47 $62,600,000 No Yes Yes Medium MI3 7.irnruertoan Road Extension Pram Country L1uB Road to II.120 in Woodstock $8,500,000 Yes Na Yes Medium M14 AcktaanRaad Mired Besidentlalaml Co!�-*a+at DeveSapmeat $32,300,000 Yea Y� No Medium M15 Ary��=Road and MHler Road Extension to II.4T $10,200,000 Yes Yc�a No Medium Ml6 Me. Thabar/ffallgus and IL l7fi ConneNvlty $7,500,000 Yea Yes No Medium M17 Indusirral Park Counestion lxnveeu McConnell Road and US l4 $18,600,000 Yes Na Na Low M18 Eztenston tromIaloewoodRoad to Htm0ey Dundee Road $6,800,000 No Yes No Low B5 Marengo Road CorridarPnv�ervatian tram US 20 to Main Street• $0 Yes Yea Yes Pteservatinn B7,B12,BI3,&B15 II, 17fi Corridor Pmaervadon tmmII, 23 to US 12a $D Yes Yes Yes Preservation HH USL CorddorP servalion from lL 120 to H.23* $0 Yea No Yes Presurvalioa Bll&B17 IL 173 Caaidor Preservaton fromlL 23 to II. al and East otT1S 12* $0 Yes No Yea Preservation HIS IL 23 Corridor Preservation imm IL 176 to US 14• $0 Yes No No Prnservadoa *Nate: Costs for dtese corridor pxeservatiau projects are included as pact of the hicyde and pedestrian plan $1,OI3,400,000 txa[ari:aA'tv�tieFe f,ut+tspo>•firfiox. — is Motorized Vehicles Plan, Motor Vehicle Projects and Motor Vehicles Plan Goals and Evaluation (McHenry County 2040 Long Range Transportation Plan) APPENDIX F: MOTOR, VEHICLES PROJECTS cute PLAN G'.OALS EVALUATION The following table represents an evaluation undertaaxa by the McHenry canaty Division of Transportation of the ability of each prgect to meet the Plans Goals. Seven 'yes" or "no' questions were asked of each project Goal #L- Daes this mitigate existing trongestion7 Goal#2: Does this improve travel safety? Goal #3: Does this improve transportation caadifions for motor vehicles a� non -drivers? Goal #4: Does this improve other modes of traasportation7 Goat #5: Does tads improve human and ecological health? Goa1316&Does this support eristiag land uses? Goal #6R: Does this support large scale development or redevelopment? When Lhe answer vas clearly de�atable, a Yes & No response was given. Transportation Highway and Land Transportation Number of Fsfimated Mobility Transportadon - F'nvironmental and Land Pmject Congestion Safety Use (Future Plan Goals Costs ($2013) for All Choices Quality Use (F.ldsting Mitigation Large Scale Met Devel meat � ) Development) Woodstock to Ml Huntley Capacity, $10?,T19,855 Yea Y� Yes Yoa Yes & No Yes Yes fi.5 Operations, and Side Path (II,47) Crys[alLake to � IHtFIcary Capacity' $101,143,636 Yen Yee No Yes Yee&No Yes Yes 5.5 Operations, sad Side Path (II, 31) Richmond to Fos Labe Capacity, MS $lOD,B3D,000 Yea Yea No No No Yea Yes 4 Operations, and Side Path (U51z) Woodstock Traffic Mz Circulation (R. a?) $94,BW,366 Yes Yea Yes Yes Yes&No Yea Yes 6.5 Randall Road M9 Coramezclsl Centex $BD,837,009 Yea Yas No Yes No Yea Yes 5 Development S7, RI2, II.176 Corridor $88,860,T15 Yea & No No No No No Yes & No Yes 2 B13 Preservation - -- - LOlaC RANGE Tz aztsportatioa Plau �' Motorized Vehicles Plan, Motor Vehicle Projects and Motor Vehicles Plan Goals and Evaluation (McHenry County 2040 Long Range Transportation Plan) Transportation Highvtay � and Land Transportation Ntmtber of Estimated Mobility Transgortafion Environmental and Land Project �� (���) Congestion Safety for All Choices Cx,.,t,ty l7se (future Use (�strag Plain Goats Mitigation Large State Met Development) Development) NorthAlgonquin iv110 Fax BeverCmasiug $76.479,565 Tes Yes No Na No Yes Yes 4 Crystal Lake to Woodstock M4 C�C1ty^ $75,653,636 Yes Yes No Yes No Yes Yes 6 Operations, and side Path (US 14) Biz IL 123 Corridor $63,Z14,546 Yes Bc No Na No No No Yea Yee 2.5 Preservation MazengoAccess to M6 interstate 90 $56,000,000 Yss & Np No No No No Yes Yes &.5 New Cangesliou I�ligation Rowe Mu southwest of �,Z�JeS Yes Yes No No No Yee Yes 4 McHenry North Mr2ietrry Fox M7 River Crossing $4$003,636 Yes Yes No No No Yes Yea 4 Extension of M� AlganquinRoad to y� 751,6I8 Yes & No Yee Na Yes Yea & No No Yes 4 Huntley High school New Congestion M6 Nltd4ation Route is $35,877,697 Yes Y� No No 1Qo Yes Yes 4 South Mazengo Artr..� ., Road Mixed Residential M� and Commercial $32,Z10,636 Y� Yes No No No No Yes 3 Development II5 L Corridor � Preservation E32,138,909 Yes No No No No Y@s Yes 3 CERTIFICATION I, Marcia M Geraghty, do hereby certify that I am the duly appointed, acting and qualified Deputy Clerk of the City of McHenry, McHenry County, Illinois, and I do hereby further certify that at a regular meeting of the McHenry City Council, held on the 20th day of July 2015, the foregoing Ordinance No. ORD454745 entitled An Ordinance Authorizing the Execution of a First Amendment to the Preserves of Boone Cree Annexation Agreement dated April 11, 2005, was duly passed by said City Council. I do further certify that the original, of which the attached is a true and correct copy, is entrusted to me as the Deputy Clerk of said City for safekeeping, and that I am the lawful custodian and keeper of the same. 2015. Given under my hand and corporate seal of the City of McHenry this 21St day of August Prepared by and Mail to: City of McHenry Marci Geraghty, Deputy Clerk 333 S Green Street McHenry, IL, 60050 815-354-5546 Marcia M Geraghty, Deputy Vlerk City of McHenry, McHenry County, Illinois /3 The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer -oriented, efftcient, and fiscally responsible manner. PIiYI.LIS K. WALTERS MCHENRY COUNTY RECORDER WOODSTOCK, ILLINOIS O DOC NO: NO OF PAGES: NOTES (EX: &TITLE OF PLAT): LEGAL DESCRIPTION (IF N PIN NO (IF ON E��IT): 04/13/2011 Exhl bL"f Xrafa: 2015`'Koo3225�2 Plhls : io4wJ05-200.0 i Am•Oq-100.00 iOI PLAT OF DEDICATION PART OF THE FRACTIONAL NORTHWEST QUARTER OF SECTION 4 AND THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 45 NORTH, RANGE 9, EAST MCHENRY COUNTY, IL. DEDICA77ON LEGAL DEWM770M (PART OF PIN 14-05-200-009): ALL THAT PAU.OF 7H£'FDLLOWING DESCRIBED TRACT LYING IN THE NORTHEAST QUARTER OF 0 150' SECTION 5, ALL -BEING IN TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL C� MERIDIAN, 114 McHENRY COUNTY, ILLINOIS, TO WIT 7" = 7SD' THAT PART OF THE NORTHWEST QUARTER OF SECnON 4 AND 7NE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID NORIHEABT QUARTER OF SECRON 5; THENCE SOUTH 88 pEGREES 52 MINU]ES 16 SECONDS WEST ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER, 75350 FEET,• THENCE NORTH 01 DEGREES 07 MINUTES 34 SECONDS WEST, 75.05 FEET,• THENCE NORTH 88 DEGREES 52 MINUTES 26 SECONDS EAST, 664.67 FEET A LINE 90 FEET WESTERLY OF AS MEASURED AT RIGHT ANGLES TO AND PARALLEL WITH THE EAST LINE OF SAID NORTHEAST QUARTER; THENCE NORTH 00 DEGREES 13 MINUTES 37 SECONDS WEST ALONG SAID PARALLEL LINE, 1239.61 FEET TO THE NORTH UNE OF GOVERNMENT LOT 1; THENCE NORTH 89 DEGREES 07 MINUTES 05 SECONDS EAST ALONG SAID NORTH LINE, 90.01 FEET TO THE WEST LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 00 DEGREES 13 MINUTES 37 SECONDS WEST ALONG SAID WEST LINE, 1314,26 FEET TO 774E NORTHWEST CORNER OF SAID NORTH WEST QUARTER,• THENCE NORTH 89 DEGREES 10 MINUTES 11 SECONDS EAST ALONG THE NORTH UNE OF SAID NORTHW.�S'.T. QUARTER, 90,00 FEET TO A LINE 90 FEET EASTERLY AS MEASURED AT RIGHT ANGLES TO AN5"PARALLEL WITH SAID WEST LINE,• THENCE SOUTH OO DEGEES 13 MINUTES 37 SECONDS EAST ALONG SAID PARALLEL LINE, 2552,19 FEET, THENCE NORTH 89 DEGREES 01 MINUTES 28 SECONDS EAST, 747.18 FEET THENCE SOUTH 00 DEGREES 58 MINUTES 32 SECONDS EAST. 75.91 FEET TO THE SOUTH LINE OF SAID NORTHWEST QUARTER; THENCE SOUTH 89 DEGREES 00 MINUTES 46 SECONDS WEST ALONG SAID SOUTH LINE 838.19 FEET TO THE POINT OF BEGINNING, ALL IN MCHENRY COUNTY, ILLINOIS. ALL THAT PART OF THE FOLLOWING DESCRIBED TRACT LYING IN THE NORTHWEST QUARTER OF SECnON 4, ALL BEING !N TOWNSHIP 44 NORTH, RANGE B EAST OF THE THIRD PRINCIPAL MERIDIAN, IN MCHENRY COUNTY, ILLINOIS, TO WlT THAT PART OF 774E NORTHWEST QUARTER OF SECnON 4 AND THE NORTHEAST QUARTER OF SECnON 5, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF SECnON 5,• THENCE SOUTH 88 DEGREES 52 MINUTES 16 SECONDS WEST ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER, 753.50 FEET,- THENCE NORTH O1 DECREES 07 MINUTES 34 SECONDS,WEST, 75.05 FEEL' THENCE NORTH 88 DEGREES 52 MINUTES 26 SECONDS EAST, 664,67 FEET A' LINE 90 FEET WESTERLY OF AS MEASURED AT RIGHT ANGLES TO AND PARALLEL WITH THE. EAST LINE OF SAID NORTHEAST QUARTER,' THENCE NORTH DO DEGREES 73 MINUTES 37 SECONDS WEST ALONG SAID PARALLEL UNE, 1239461 FEET TO THE NORTH LINE OF GOVERNMENT LOT9;"THENCE NORTH 89 DEGREES 07 MINUTES 05 SECONDS EAST ALONG SAID NORTH LINE, 90.01 FEET TO THE WEST LINE OF SAID NORTHWEST QUARTER' THENCE NORTH 00 DEGREES 13 MINUTES 37 SECONDS WEST ALONG SAID WEST LINE, 1314.26 FEET TO THE NORTHWEST CORNER OF SAID NORTH WEST QUARTER,* THENCE NORTH 89 DEGREES 10 MINUTES 11 SECONDS EAST ALONG THE NORTH UWE OF SAID NORTHWEST QUARTER 90,00 FEET TO A LINE 90 FEET EASTERLY AS MEASURED AT RIGHT ANGLES TO AND PARALLEL WITH SAID WEST LINE;; THENCE SOUTH 00 DEGEES 73 MINUTES 37 SECONDS EAST ALONG SAID PARALLEL LINE, 2552,19 FEET,• THENCE NORTH 89 DEGREES Ol MINUTES 28 SECONDS EAST, 747.18 FEET,• ]HENCE SOUTH 00 DEGREES 58 MINUTES 32 SECONDS EAST 75,91 FEET TO THE SOUTH LINE OF SAID NORTHWEST QUARTER; THENCE SOUTH 89 DEGREES 00 MINUTES 46 SECONDS WEST ALONG SAID SOUTH LINE, 838.19 FEET TO THE POINT OF BEGINNING ALL IN MCHENRY COUNTY, ILLINOIS, OWNER'S cERnFTGATE STATE OF ILUN015 ) �' ) SS COUNTY OF Mc -III^ nlnl ) ben�f0 r o4rfFy6t R�T- T IE UNDbRsIGN✓ HEREBY CERTIFIES AND WARRANTS THAT iris THE LEGAL OWNER OF TIE LAND LEGALLY DESCRIBED, DEPICTED AND REFERENCED HERBN AS PIN NUMBER 14-04-fOD-001 (LAND ); AND THAT IT HEREBY DEDICATES CONVEYS AND TRANSFERS FEE SIMPLE 777LE TO THE LAND TO THE CITY OF MCHENRY, 1LLIN01$ FOR ROADWAY PURPOSE$ FREE AND CLEAR OF ALL LIENS OBLIGATIONS AND ENCUMBRANCES IN WITNESS' =HER OF I HAVE HEREUNTO SET MY HAND AND SEAL THIS 64h DAY OFvguc-�' A.b, 20J% BY.• 21i± tl E QU'��Df l]PLP Si �'A 80� FIRST MIDWE9T BANK, SUCCESSOR TO FIRST MIDWEST TRUST COMPANY N/A, AS TRUSTEE UNDER TRUST NO, 4562 DATED JANUARY Ils 1989 OFFICIALAL MICRAEL DNIATE OFI NOTARY CERnFlCA7E NOTARYPUfi0C.3TAIE OF ILLINOIS STATE OF ILUNOIS ) MYCOMMISSIDN FJPIRE39BtlW1A )SS COUNTY OF —M—C—&Mf A NOTARY PUBLIC IN AND FOR SAID COUNTY, IN THE STATE AFORESAID, DO HEREBY CERTIFY THAT Q4 TO (Zp 2.S kP PERSONALLY KNOWN TO ME TO BE THE SAME PERSON WHOSE NAME IS SUBSCRIBED TD THE FOREGOING INSTRUMENT, APPEARED BEFORE ME THIS DAY IN PERSON AND ACKNOWLEDGED THAT THEY SIGNED AND DELIVERED 774E SAID INSTRUMENT AS THEIR OWN FREE AND VOLUNTARY ACT, AND AS THE FREE AND VOLUNTARY ACT. GIYFN UNDER MY HAND AND NOTARIAL SEAL 7Nf5 DAY OF w M4+ 20.L ��� .ILR 5>4YTILLt N07ARY�/SUC , f 1 SOUTH LINE OF THE NORTHE45T PK NAIL FOUND AT CORNER QUARTER OF STa 5-44-6 014NERS CERRFlCA7E STATE OF fLUNOIS ) hh QQ ) SS THE T/I�AELY CER7 FIES AND WARRAN)s 7HA71T /S ME LEGAL OWNER OF THE LAND LEGALLY DESCRIBED, DEPICTED AND REFERENCED HEREIN AS PIN NUMBER 14-05-200-009 ('LAND ); AND THAT IT HEREBY DEDICATES, CONVEYS AND TRANSFERS ME SIMPLE AURPOSES FREE AND CLEAR OF70 THE LAND TO THE CITY OF MCHEARY AL LIENS, 5UGA77ONS AND ENCUMBRANCES OR WAY IN WINES WHERE F I HAYS HEREUNTO SET MY HAND AND SEAL THIS Wl DAY OF �z9,Ls� A.D. 20.L�. BY. p�R���A- n4kvrized singe✓' FIRST MIDKEST BAN STEE OF TRUST NO. TJJ75, DATED ✓ANUARY A 2003 OFFICIAL SEAL NOTARY CERRFlCAIE' MICiNB D76E NOTNTYR9C-.1�bUd STATE OF lLL1N015 ) W OOrd� SS COUNTY OF� " A NOTARY PUBLIC IN AND FOR SAID COUNTY, IN THE STATE AFORESAID, DO HEREBY CERTIFY THAT L° 6.1`B I Roesy,. PERSONALLY KNOWN TO ME TO BE THE SAME PERSON WHOSE NAME IS SUBSCRIBED 70 THE FOREGOING INSTRUMENT, APPEARED BEFORE ME THIS DAY IN PERSON AND ACKNOWLEDGED THAT THEY SIGNED AND DELIVERED THE SAID INSTRUMENT AS THEIR OWN FREE AND VOLUNTARY ACT, AND AS THE FREE AND VOLUNTARY ACT. GI YEN UNDER MY HAND AND NOTARIAL SEAL THIS DAY OF-ALjvs �. 20 T f U*v1SQ. 1�ARv2 Ll NOTARY Ptl7MC etky ciel�c 333 s .fit- p1Ud<n+y,�L (roDsO qIS- 3Sel—SS Ey 7/10/2015 3:06:50 PM O:\86130375\Survey\Dwgs\86130375_ded REV2.dwg f/2"IRON ROD FOUND 1/2" IRON ROD FOUND N8970'11 "E 90.00' AT CORNER AT CORNER N8970'11 E 2654.72' Y NORTH LINE OF THE NORTHWEST QUARTER OF SEC. 4-44-8 __ LANDS HEREBY DEDICATED FOR ROADWAY PURPOSES PARCEL CONTAINS 10.595+/- ACRES IP I �1!1 ,jILa 1P^. 1 fn + °1 RC;tIJ +.;,�n�1�In,� .. �1 'I . AG• r :lie : I IT ttl i. ij�iKl Ill I, v' I rl NOR TH LINE OFGOVERNMEfft STATE OF ILLINOIS f�j' i!;I�JIM alilrCOUNTY OF MCHENRY M) GIVEN UNDER Mk+J3,6�li A, ND .SF�AL OF ME COUNTY AT MCHENRY, ILLINOIS 7Hfs �'�FTI.,"T•"��fddY�OFA�i�ust A.O., 2015 71� hl lee IV7, 2vj �I tt� 1 wo CITY CLERK OF THE CITY OF {1,' IIII1- Y I ly"�f It IT FIVit4 SAID CITY AT ITS MEETING HELD ON I IMPFT& By 7HE GlrC.2� THAT ALL yt $iflil gfigDEDICATIONS TO THE CITY OF MCHENRY ILLIAI01SCEPICTED THEREON WRE 11�� tl 1� �fl pp 4.{ACCEPTED BY THE CITY COUNCIL ON SAID DATE. G114�1IN JITNESS THEREOFo I HAVE HERETO SET MY HAND AND SEAL OF THE CITY OF IIII i;MCHENRYILLINOIS THIS IF �Pd'�i l i TI A115 if a �]l�ll l�l: A , f1J1�Ft11jj1�HIjIJ>st ��I(u IF��444 it II �f'vfi T �II 1 1p :i7,�►�SEAL 79568 FEET EXISDNG ROW AS OCCUPIED EXlSDNG ROW AS OCCUPIED LT�•7flJ ilLblt7T1;-1,h1 ,ems , ,I r n.�'CL�Ll94 , I�r��,t+C ^ .' � 1E'"TT'T7"77°'-�3' .� t�if5 �IA,� POINT` OF BEGINNING OWNER'S CERTIFICATE STATE OF ITLNOIS ) S.S. COUNTY OF��G<A/t) THE UNDERSIGNED HER Y CERRBPI AND WARRANTS THAT 1T IS.,INA LEGAL OWNER OF 7NE LAND LEGALLY Df5CR18ED, DEPICTED AND REFERENCED HEREIN AS PINEDI NUMBERS 14-04-100-001 d2 14-05-EE SIMPLE ('LAND")- AND THAT IT HEREBY DEDICATES. CONVEYS AND TRANSFERS FEE SIMPLE TITLE TD THE LAND L THE CITY OFMCHENRY, I(UNOIS FOR ROADWAY PURPOSES FREE AND CLEAR OF ALL LIENS, OHLICARONS AND ENCUMBRANCES � y� IN WiJFSS &JH EOF 1 HAVE HEREUNTO SET MY NAND AND SEAL THIS y_Gd DAY OF I/r_j ♦ AH HEREUNTO BY GERS B�` STATE OF ILLINOIS � SS. COUNTY OF A NOTARY PUBLIC IN AND FOR SAID COUNTY, IN THE STATE AFORESAID, DO HEREBY CEpERTIFY THAT 1\ UA i i �C i S � Q � -PERSONALLY KNOWN TO ME TO BE THE SAME MET WHOSE NAME IS SUBSCRIBED TO THE ACKNOWLEDGED THATfT INSIGNED T APPEARED BEFORE 17TRU DAY IN PERSON AND REEANVOLU THAT THEY SIGNED AND DELIVERED THE SAID INSTRUMENT AS THEIR OWN FREE AND VOLUNTARY ACT, AND AS THE FREE AND VOLUNTARY ACT. } LIVEN UNDER MY HAND / ^TAND NOTARIAL AL THIS DAY OF 20JT ,Liu �• 1m� arAsgKo NOTAR PUBLIC � M'I&a�'F,gL'lo � �ww COUNTY RECORDERS QfRRFlCATE STATE OF lLUN0I5 ) SS COUNTY OF MCHENRY ) ]HIS INSTRUMENT N0. Zl5I9'�co322SZ WAS FlLED FOR RECORD !N THE RE^CORDER 5 OFFICE OF MCHENRY COUNTY 1LLIN01$ ON THE ?� DAY OF 20L AT 1:20 O'CLOCK � .M. AND WAS RECORDED AS DOCUMENT NO. LL2O/S'Pna 3235'Z , 4—[ICORDErAfq. MCHE Y COUNTY RECORDER SURVEYOR'S CERTFCATE STATE OF ILUNOIS ) ASS. COUNTY OF MCHENRY �• THIS 15 TT1 CERTIFY MAT 1, JOHN S BOUNE, NAVE PREPARED TH15 PLAT DEDICATION ACCORDING 7D OFRCIAI MAPS AND PLAlS FOR THE U5ES AND PURPOSES 7HERFJN. DATED ATM ENRY�MCHENRY COUNTY, ILLINO75, 7�2.2- AD 201f Mo S HOLINE f NOIs PROFESSIONAL LAND SURVEYOR NO. 3756 - +` 035003756 CENSE EXPIRES: NOVEMBER 30, 20166 _ PROFESSIONAL LANSTATESURVEYOR : STATE OF •, ILLINOIS ANDIEB: _�. ThIe map was created for use as a Plot of Detllcatlon. • Thls mop is not to bs used for any canstructlon or elating pumosae wllhsut nt from a proper agent of HR Green, Ins. •oThls IS NOT a Plak of Survev. Na eeumptlans Or ogreemante ee tP aWnarehip, sr posseeslo can be conveyed from thle document •sNo underground Improvements have boon located unless shown and noted. • Ns dletance should be assumed by scaling. • Thfe map is veld withsut ori9lnai embossed ar retl colored seal and algnotura af5.ea. DRAWN BY; JS6 APPROVED: MRF JOS DATE: 07/10/2015 JOB NO: 86130375 BAR IS ONE INCH ON OFFICIAL DRAWINGS 0�1" - IF NOT ONE INCH, ADJUST SCALE ACCORDINGLY IIIInCis Professional Design Flan#7&1-001322 420 N. Fron[Slreei McHenry,iL600562135 � -t B76.366.1775 f. 815.386.7781 , www.hr9reen.com HRGreen PLAT OF DEDICATION PART OFTHE FRACTIONAL NORTH WEST QUARTER OF SECTION 4AN0 THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 45 NORTH, RANGE 9, EAST MCHENRY GiOIINTY, IL. N0. DATE BY REVISION DESCRIPTION SHEET -) 1 0 F 1 --