HomeMy WebLinkAboutOrdinances - O-94-652 - 03/16/1994 - AUTHORIZE EXCHANGE OF PARCELS GREEN VALLEY UNIT 2ORDINANCE NO. 94 - 0-94-652
AN ORDINANCE AUTHORIZING THE EXCHANGE
OF PARCELS OF REAL ESTATE IN GREEN VALLEY UNIT TWO
WITH McHENRY STATE BANK, AS TRUSTEE UNDER
TRUST AGREEMENT NO. 4046, DATED JUNE 3. 1987
WHEREAS, certain real property has been dedicated to the
City of McHenry as reflected by that certain final plat of survey
for Green Valley Unit Two, being a subdivision of part of
Government Lot 2 of the Northeast Quarter of Section 2, Township 44
North, Range 8 East of the Third Principal Meridian, in McHenry
County, Illinois, and recorded August 20, 1990 as Document No. 90
R 030780 in the McHenry County Recorder's Office (the "Plat"), and
legally described as follows:
Beginning at the Northwest corner of said Lot 30, thence
Northerly along the Easterly right of way line of Ronda
Road being a curved line concave Easterly and having a
radius of 701.907 feet, for an arc distance of 15.0 feet
to the Southwest corner of Lot 29; thence South 74
degrees 41 minutes 57 seconds East, along the South line
of Lot 29, 142.87 feet, to the Southeast corner thereof;
thence South 2 degrees 12 minutes 38 seconds West, along
the East line of said Subdivision, 15.40 feet, to the
Northeast corner of Lot 30; thence North 74 degrees 41
minutes 57 seconds West, 146.43 feet, to the point of
beginning, all in Green Valley Unit 2, being a
subdivision of part of Government Lot 2 of the Northeast
Quarter of Section 2, Township 44 North, Range 8 East of
the Third Principal Meridian, according to the Plat in
McHenry County, Illinois ("Parcel 111).
WHEREAS, McHenry State Bank, not personally but as
Trustee under the provisions of that certain Trust Agreement dated
June 3, 1987, and known as Trust No. 4046 (the "Trustee") is the
fee simple title owner to the real property legally described as
follows:
The South 10 feet of Lot 28, as measured at right angles
to the South line of Lot 28, together with the North 5
feet of Lot 29, as measured at right angles to the North
line of Lot 29, in Green Valley Unit 2, being a
subdivision of part of Government Lot 2 of the Northeast
Quarter of Section 2, Township 44 North, Range 8 East of
the Third Principal Meridian, according to the Plat in
McHenry County, Illinois ("Parcel 211).
WHEREAS, Granite Builders, Inc., the holder of the
beneficial interest in Trust No. 4046, has proposed the exchange of
Parcel 2 for Parcel 1 in order to alleviate a building line
violation in contravention of the City's Zoning Ordinance;
WHEREAS, by 3/4 vote of the corporate authorities of the
City then holding office, a motion was passed on March 2, 1994, to
hold a hearing to consider and take action upon said proposal;
WHEREAS, public notice of said public hearing was
published on February 25, 1994, pursuant to Division 76.2 of the
Illinois Municipal Code;
WHEREAS, after said public hearing, by 3/4 vote of the
corporate authorities of the City then holding office, the City
Council and the Mayor, as the case may be, find as follows:
1. That the parcel to be conveyed by City (Parcel 1) under
said exchange, in the opinion of the City Council, is no
longer needed by the City for the public interest;
2. That the parcel to be received by the City ( Parcel 2 )
under said exchange will prove useful to the City and
will be for the public interest; and
3. That the total value of the parcel to be received by the
City (Parcel 2) is approximately equal to or exceeds the
value of the parcel to be conveyed (Parcel 1), as
determined by the Mayor and City Council, taking into
consideration the long term best interest of the public.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of McHenry, McHenry County, Illinois, as follows:
Section 1: That the City of McHenry is authorized to
exchange Parcel 1 for Parcel 2 under Division 76.2 of the Illinois
Municipal Code;
Section 2: That the Mayor and Clerk of the City of McHenry
are hereby authorized to enter into the exchange agreement attached
hereto and made a part hereof as Exhibit A;
Section 3: That the Mayor and Clerk may convey Parcel 1
pursuant to said exchange agreement by proper deed of conveyance,
stating therein the consideration thereto, with the seal of the
municipality affixed to said deed, which shall be in substantively
the same form as Exhibit B attached hereto and made a part hereof;
Section 4: That the City Attorney is hereby authorized to
secure tax-exempt status from the Illinois Department of Revenue
for Parcel 2 upon the actual exchange of Parcels 1 and 2;
Section 5: That all maps, journals and other records of
the City be changed accordingly;
2
Section 6: 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 7: All ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict.
Section 8: 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.
Voting Aye: Baird, Lawson, Bates, Bolger, Cuda
Voting Nay: None
Absent: Locke
Abstain: None
APPROVED•
."St en J. Cuda, Mayor
City of McHenry
(SEA
ATTEST:
Bar ara E. Gilpin, Cler
Passed: March 16, 1994
Approved: March 16, 1994
Published: March 17, 1994
3
EXHIBIT A
LAW OFFICES
ZUHOWSHI, ROGERS, FLOOD & MCARDLE
50 VIRGINIA STREET
CRYSTAL LAKE, ILLINOIS 60014
ISIS) 4S9-20SO
FAX (815) 459-9057
MICHAELJ. SMORON February 24, 1994
GRANITE BUILDERS, INC.
P.O. Box 609
Algonquin, Illinois 60102-0609
McHENRY STATE BANK
333 South Green Street
McHenry, Illinois 60050
CHICAGO OFFICE
SUITE 1502
100 SOUTH WACKER DRIVE
CHICAGO, ILLINOIS 60606
(312) 407-7700
FAX: (312) 332-1901
Re: Exchange of Parcels in Green Valley Unit Two
By and Between the City of McHenry and
McHenry State Bank, as Trustee
Ladies and Gentlemen:
This letter will serve to memorialize the intentions of the
undersigned parties and the terms and conditions of the above -
captioned transaction.
As we have mutually determined, Granite Builders, Inc.
created a building set -back line violation on Lot 30 in contra-
vention of the City's Zoning Ordinance, as represented by that
final plat of survey for Green Valley Unit Two recorded August
20, 1990 as Document No. 90R030780 in the McHenry County Record-
er's office (the "Plat").
The building set -back line violation would be cured, how-
ever, if the 15' walkway north of Lot 30 dedicated to the City
were to be added to and become part of Lot 30.
To remedy such violation, the City agrees to convey the 15'
walkway north of Lot 30, as legally described in Exhibit A
attached hereto to McHenry State Bank, as Trustee, under the
provisions of that certain Trust Agreement dated June 3, 1987,
and known as Trust No. 4046 (the "Trustee") in consideration of
ZUKOWSHI, ROGERs, FLOOD & MCARDLE
which the Trustee agrees to convey the North 5' of Lot 29 and
South 10' of Lot 28, as legally described in Exhibit B attached
hereto, to the City of McHenry.
CITY OF McHENRY, an Illinois
Municipal Corporation,
By:
Steven J. Cuda, Mayor
Attest:
Barbara Gilpin, Clerk
GRANITE BUILDERS, INC. McHENRY STATE BANK, as Trustee
under the provision of that
By: certain Trust Agreement dated
Its: June 3, 1987, and known as
Trust No. 4046
By:_
Its:
MJS/jg
Attachments
Copy to: Mayor and City Alderman
Clerk
Building & Zoning Director
City of McHenry
EXHIBIT A
Beginning at the Northwest corner of said Lot 30,
thence Northerly along the Easterly right of way line
of Ronda Road being a curved line concave Easterly and
having a radius of 701.907 feet, for an arc distance of
15.0 feet to the Southwest corner of Lot 29; thence
South 74 degrees 41 minutes 57 seconds East, along the
South line of Lot 29, 142.87 feet, to the Southeast
corner thereof; thence South 2 degrees 12 minutes 38
seconds West, along the East line of said Subdivision,
15.40 feet, to the Northeast corner of Lot 30; thence
North 74 degrees 41 minutes 57 seconds West, 146.43
feet, to the point of beginning, all in Green Valley
Unit 2, being a subdivision of part of Government Lot 2
of the Northeast Quarter of Section 2, Township 44
North, Range 8 East of the Third Principal Meridian,
according to the plat thereof recorded August 20, 1990,
as Document No. 90R030780, in McHenry County, Illinois.
("Parcel 111)
EXHIBIT B
The South 10 feet of Lot 28, as measured at right
angles to the South line of Lot 28, together with the
North 5 feet of Lot 29, as measured at right angles to
the North line of Lot 29, in Green Valley Unit 2, being
a subdivision of part of Government Lot 2 of the North-
east Quarter of Section 2, Township 44 North, Range 8
East of the Third Principal Meridian, according to the
Plat thereof recorded August 20, 1990 as Document No.
90R030780 iin McHenry county, Illinois. ("Parcel 2")
EXHIBIT B
QUIT CLAIM DEED
Statutory (Illinois)
THE GRANTOR
THE CITY OF McHENRY,
a municipal corporation created and existing under and by virtue of the laws of the State
of Illinois, for and in consideration of Ten and no/100 Dollars and other good and
valuable consideration in hand paid, and pursuant to authority given by the corporate
authorities of said municipal corporation, CONVEYS and QUIT CLAIMS to
McHENRY STATE BANK, not personally but as Trustee under the provisions of that
certain Trust Agreement, dated the 3rd day of June, 1987, and known as Trust No. 4046,
McHenry State Bank, P.O. Box 398, McHenry, Illinois 60050-0398, all its interest in the
following described Real Estate situated in the County of McHenry and State of Illinois,
to wit:
Beginning at the Northwest corner of said Lot 30, thence Northerly along
the Easterly right of way line of Ronda Road being a curved line concave
Easterly and having a radius of 701.907 feet, for an arc distance of 15.0
feet, to the Southwest corner of Lot 29; thence South 74 degrees 41
minutes 57 seconds East, along the South line of Lot 29, 142.87 feet, to the
Southeast corner thereof; thence South 2 degrees 12 minutes 38 seconds
West, along the East line of said Subdivision, 15.40 feet, to the Northeast
corner of Lot 30; thence North 74 degrees 41 minutes 57 seconds West,
146.43 feet, to the point of beginning, all in Green Valley Unit 2, being a
subdivision of part of Government Lot 2 of the Northeast Quarter of
Section 2, Township 44 North, Range 8 East of the Third Principal
Meridian, according to the plat thereof recorded August 20, 1990, as
Document No. 90R030780, in McHenry County, Illinois.
IN WITNESS WHEREOF, said Grantor has caused its corporate municipal seal to be
hereto affixed, and has caused its name to be signed to these presents by its Mayor, and
attested by its Clerk, this day of , 1994.
(SEAL)
THE CITY OF McHENRY, an Illinois
municipal corporation,
By:
Steven J. Cuda, Mayor
Attest:
Barbara E. Gilpin, Clerk
STATE OF ILLINOIS
SS
COUNTY OF McHENRY
I, the undersigned, a Notary Public in and for the County and State
aforesaid, DO HEREBY CERTIFY that STEVEN J. CUDA and BARBARA E. GILPIN are the
Mayor and Clerk respectively of said City of McHenry and are personally known to me
to be the same persons whose names are subscribed to the foregoing instrument and
they appeared before me this day in person and severally acknowledged that as such
Mayor and Clerk, they signed and delivered the said instrument and caused the municipal
seal of said municipal corporation to be affixed thereto, pursuant to authority given by the
City Council of the City of McHenry, as their free and voluntary act, and as the free and
voluntary act and deed of said corporation, for the uses and purposes therein set forth.
Given under my hand and official seal this day of
1994.
This document prepared by:
Michael J. Smoron
Attorney No. 06217701
ZUKOWSKI, ROGERS, FLOOD & McARDLE
50 Virginia Street
Crystal Lake, IL 60014
815/459-2050
2
Notary Public
Mail to after recording/
Send subsequent tax bills to:
McHENRY STATE BANK, as Trustee
under Trust No. 4046
3510 West Elm Street
McHenry, IL 60050
815/385-1040