HomeMy WebLinkAboutOrdinances - O-96-785 - 05/29/1996 - APPROVE SECOND AMENDMENT TO ANNEX AGMT MCH SANT ANI
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I P-03*863 (A-11(?)
ORDINANCE NO. o-O6-78S
AN ORDINANCE PROVIDING FOR THE APPROVAL
OF THE SECOND AMENDMENT TO ANNEXATION AGREEMENT
WHEREAS, on the 4th day of May, 1988, the Corporate Authorities, for and
on behalf of the City of McHenry, McHenry County, Illinois, adopted a certain
ordinance identified as Ordinance No. 0-88-452 approving a certain Annexation
Agreement between the City of McHenry, a Municipal Corporation, McHenry Sand
and Gravel Company, Inc., Beneficiary of McHenry State Bank, not Individually,
but as Trustee under the provisions of a Trust Agreement dated January 14, 1983,
and known as Trust No. 2670, and McHenry State Bank, not Individually, but as
Trustee under the provisions of a Trust Agreement dated August 1, 1980, and
known as Trust No. 2017; and,
WHEREAS, the successor in interest to the McHenry State Bank Trust Nos.
2670 and 2017 is Chicago Title and Trust Company, not Individually, but as Trustee
under the provisions of a Trust Agreement dated July 17, 1968, and known as Trust
No. 53278, and the sole beneficiary of said Chicago Title and Trust Company Trust
No. 53278 is Meyer Material Company, an Illinois General Partnership; and
WHEREAS, on the 2nd day of September, 1992, the Corporate Authorities
adopted a certain ordinance identified as Ordinance No. 0-92-605 amending the
Operations and Reclamation Plan attached to the aforesaid Annexation Agreement;
and,
WHEREAS, the Corporate Authorities have heretofore adopted a certain
ordinance identified as Ordinance No. 0-88-453, which provided, in part, that the
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real estate described in Section 3 of this Ordinance be classified "RS-1," Single
Family Residential District, together with an "A-M," Agricultural and Mining
Overlay District, as defined by the Zoning Ordinance of the City of McHenry,
Illinois, and granted a Conditional Use Permit under the provisions of the Zoning
Ordinance of the City of McHenry, Illinois, so as to permit the property hereinafter
described to be used for the operation of a commercial sand and gravel business,
including the extracting, site reclamation, and processing of sand, gravel, and other
earth materials; and,
WHEREAS, a Notice of public hearing before the City Council of the City of
McHenry, Illinois, was published in the Northwest Herald, a newspaper of general
circulation in the City of McHenry, Illinois, within the time provided by law; and
WHEREAS, the City Council of the City of McHenry, Illinois, has held a
public hearing on the revision of the Operations and Reclamation Plan heretofore
approved, on minimizing noise to the surrounding properties from the wash plant
situated on adjacent property, the Second Amendment to the above -described
Annexation Agreement, and on the advisability of determining the reclamation
bond in accordance with the ordinance requirements of the City of McHenry.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TEE
CITY OF McIENRY, McIENRY COUNTY, ILLINOIS, AS FOLLOWS:
Section 1. That the Second Amendment to the Annexation Agreement
approved by Ordinance No. 0-88-452 be and the same is hereby approved.
Section 2. That the Second Amendment to the Annexation Agreement shall
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provide that the Operations and Reclamation Plan attached hereto and incorporated
herein by reference as Exhibit "A," shall be substituted for and shall replace the
Reclamation and Operations Plan as amended on September 2, 1992, and approved
by Ordinance No. 0-92-605.
Section 3. That the site reclamation of the following -described real estate
shall hereafter conform to the Operations and Reclamation Plan attached hereto and
incorporated herein by reference as Exhibit "A":
That part of Section 29, Township 45 North, Range 8 East of the Third
Principal Meridian, described as follows: Beginning at the West
Quarter Corner of said Section 29; thence South along the West line of
said Section 29 to the Northwest Corner of the South Half of the
Southwest Quarter of said Section 29; thence East along the North line
of said South Half of the Southwest Quarter of said Section 29, to the
Southwest Corner of Glacier Ridge Unit No. 2, according to the Plat
thereof recorded August 7, 1978, as Document No. 741873; thence
North along the Westerly line of said Glacier Ridge Unit No. 2, to the
Northwest Corner of said Glacier Ridge Unit No. 2; thence East along
the North line of said Glacier Ridge Unit No. 2 and along the North
line of Glacier Ridge Unit No. 1, according to the Plat thereof recorded
August 30, 1977, as Document No. 706672 to an angle point in said
North line of Glacier Ridge Unit No. 1; thence Northeasterly along the
Northwesterly line of said Glacier Ridge Unit No. 1 to an angle point
in said Subdivision; thence East along the North line of said Glacier
Ridge Unit No. 1 a distance of 211.91 feet to a point which is 577.41
feet West from the East line of the West Half of the Northeast Quarter
of said Section 29; thence Northerly 389.81 feet to a point which is
578.25 feet West from said East line and 1508.6 feet South from the
North line of said Northeast Quarter; thence West parallel with said
North line 578.25 feet to the East line of the aforementioned parcel of
land conveyed by Deed recorded in Book 127, page 123; thence North
along said East line 1508.6 feet to an intersection with the North line of
the Northeast Quarter of said Section 29; thence West along the North
line of said Section 29 to a point on said North line 500.00 feet East of
the Northeast Corner of the West 100 rods of the Northwest Quarter of
said Section 29; thence South parallel with the East line of the West
100 rods of the Northwest Quarter of said Section 29, a distance of
340.0 feet; thence West, parallel with the North line of said Section 29
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to the East line of the West 100 rods of the Northwest Quarter of said
Section 29; thence North along the East line of the West 100 rods of
the Northwest Quarter of said Section 29 to the North line of said
Section 29; thence West along the North line of said Section 29 to the
Northwest Corner of said Section 29; thence South along the West line
of said Section 29 to the point of beginning (excepting therefrom that
part of the West 100 rods of the Northwest Quarter of Section 29,
Township 45 North, Range 8 East of the Third Principal Meridian,
described as follows: Commencing at the Southwest Corner of said
Northwest Quarter; thence North along the West line of said
Northwest Quarter, a distance of 734.12 feet; thence Easterly along a
line forming an angle of 90 degrees, 30 minutes, 48 seconds to the
right with a prolongation of the last described line, a distance of
1020.03 feet for a point of beginning; thence continuing along the last
described line, a distance of 629.61 feet to a point on the East line of
said West 100 rods of said Northwest Quarter, said point being 681.92
feet North of the Southeast Corner of said West 100 rods; thence South
along the East line of said West 100 rods, a distance of 681.92 feet to
said Southeast Corner; thence West along the South line of said
Northwest Quarter, a distance of 629.74 feet; thence North, a distance
of 701.85 feet to the point of beginning; ALSO, That part of the North
Half of the Southwest Quarter of Section 29, Township 45 North,
Range 8 East of the Third Principal Meridian, lying 200 feet Westerly of
(as measured at right angles to) the West line of Glacier Ridge Unit
No. 2, a Subdivision of part of said Section 29, according to the Plat
thereof re -recorded August 17, 1978, as Document No. 741873), in
McHenry County, Illinois. ALSO,
The East Half of the East Half of the Northeast Quarter of Section 30,
Township 45 North, Range 8 East of the Third Principal Meridian, in
McHenry County, Illinois.
Section 4. That paragraph 11 on page 11 of the Annexation Agreement dated
May 4, 1988, shall be deleted in its entirety.
Section 5. That the upper eighteen (18) feet of the wash plant presently
situated on land adjacent to the subject premises shall be enclosed in order that
noise to the surrounding properties be minimized. In the event the City of
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McHenry determines this remedy to be insufficient, additional sections of the w►ash
plant will be enclosed to further minimize the noise to surrounding properties.
Section 6. This Ordinance shall be known as Ordinance No. 0-96-785
and shall be in full force and effect from and after its passage and approval as
required by law.
PASSED this 29th day of May , 1996.
NAYS:
None
ABSTENTIONS: None
ABSENT: NnnP
APPROVED this 29th day of May , 1996.
ATTEST:
Sim
96-59-11'4q
(14- j / q)
SECOND AMENDMENT TO ANNEXATION AGREEMENT
This Second Amendment dated the -��day of M � , 1996, to
that certain Annexation Agreement heretofore approved by Ordinance No. 0-88-452,
which Annexation Agreement was entered into on the 4th day of May, 1988, by the
City of McHenry, a Municipal Corporation, McHenry Sand and Gravel Company, a
Delaware Corporation, McHenry State Bank, not Individually, but as Trustee under
the provisions of a Trust Agreement dated January 14, 1983, and known as Trust
No. 2670, and McHenry State Bank, not Individually, but as Trustee under the,
provisions of a Trust Agreement dated August 1, 1980, and known as Trust No.
2017;
WITNESSETH:
WHEREAS, Chicago Title and Trust Company, not Individually, but as
Trustee under the provisions of a Trust Agreement dated July 17, 1968, and known
as Trust No. 53278 (hereinafter referred to as "Owner"), is the owner of the
following -described premises and the successor in interest to McHenry State Bank,
not Individually, but as Trustee under the provisions of a Trust Agreement dated
January 14, 1983, and known as Trust No. 2670, and McHenry State Bank, not
Individually, but as Trustee under the provisions of a Trust Agreement dated
August 1, 1980, and known as Trust No. 2017:
That part of Section 29, Township 45 North, Range 8 East of the Third
Principal Meridian, described as follows: Beginning at the West
Quarter Corner of said Section 29; thence South along the West line of
said Section 29 to the Northwest Corner of the South Half of the
Southwest Quarter of said Section 29; thence East along the North line,
of said South Half of the Southwest Quarter of said Section 29, to the
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Southwest Corner of Glacier Ridge Unit No. 2, according to the Plat
thereof recorded August 7, 1978, as Document No. 741873; thence
North along the Westerly line of said Glacier Ridge Unit No. 2, to the
Northwest Corner of said Glacier Ridge Unit No. 2; thence East along
the North line of said Glacier Ridge Unit No. 2 and along the North
line of Glacier Ridge Unit No. 1, according to the Plat thereof recorded
August 30, 1977, as Document No. 706672 to an angle point in said
North line of Glacier Ridge Unit No. 1; thence Northeasterly along the
Northwesterly line of said Glacier Ridge Unit No. 1 to an angle point
in said Subdivision; thence East along the North line of said Glacier
Ridge Unit No. 1 a distance of 211.91 feet to a point which is 577.41
feet West from the East line of the West Half of the Northeast Quarter
of said Section 29; thence Northerly 389.81 feet to a point which is
578.25 feet West from said East line and 1508.6 feet South from the
North line of said Northeast Quarter; thence West parallel with said
North line 578.25 feet to the East line of the aforementioned parcel of
land conveyed by Deed recorded in Book 127, page 123; thence North
along said East line 1508.6 feet to an intersection with the North line of
the Northeast Quarter of said Section 29; thence West along the North
line of said Section 29 to a point on said North line 500.00 feet East of
the Northeast Corner of the West 100 rods of the Northwest Quarter of
said Section 29; thence South parallel with the East line of the West
100 rods of the Northwest Quarter of said Section 29, a distance of
340.0 feet; thence West, parallel with the North line of said Section 29
to the East line of the West 100 rods of the Northwest Quarter of said
Section 29; thence North along the East line of the West 100 rods of
the Northwest Quarter of said Section 29 to the North line of said
Section 29; thence West along the North line of said Section 29 to the
Northwest Corner of said Section 29; thence South along the West line
of said Section 29 to the point of beginning (excepting therefrom that
part of the West 100 rods of the Northwest Quarter of Section 29,
Township 45 North, Range 8 East of the Third Principal Meridian,
described as follows: Commencing at the Southwest Corner of said
Northwest Quarter; thence North along the West line of said
Northwest Quarter, a distance of 734.12 feet; thence Easterly along a
line forming an angle of 90 degrees, 30 minutes, 48 seconds to the
right with a prolongation of the last described line, a distance of
1020.03 feet for a point of beginning; thence continuing along the last
described line, a distance of 629.61 feet to a point on the East line of
said West 100 rods of said Northwest Quarter, said point being 681.92
feet North of the Southeast Corner of said West 100 rods; thence South
along the East line of said West 100 rods, a distance of 681.92 feet to
said Southeast Corner; thence West along the South line of said
Northwest Quarter, a distance of 629.74 feet; thence North, a distance
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and,
of 701.85 feet to the point of beginning; ALSO, That part of the North
Half of the Southwest Quarter of Section 29, Township 45 North,
Range 8 East of the Third Principal Meridian, lying 200 feet Westerly of
(as measured at right angles to) the West line of Glacier Ridge Unit
No. 2, a Subdivision of part of said Section 29, according to the Plat
thereof re -recorded August 17, 1978, as Document No. 741873), in
McHenry County, Illinois. ALSO,
The East Half of the East Half of the Northeast Quarter of Section 30,
Township 45 North, Range 8 East of the Third Principal Meridian, in
McHenry County, Illinois.
WHEREAS, Meyer Material Company, an Illinois General Partnership, is the
sole beneficiary of the owner trust and agrees to be bound by the terms of this
Agreement and prior Annexation Agreements relating to the properties described
herein; and
WHEREAS, Owner deems it advisable to revise the Operations and
Reclamation Plan submitted as part of the Reclamation Plan approved by the
Corporate Authorities on the 4th day of May, 1988, and amended on the 2nd day of
September, 1992 pursuant to Ordinance No. 0-92-605; and
WHEREAS, Owner proposes to adhere to the ordinance requirements of the
City of McHenry for the required bond; and
WHEREAS, pursuant to notice, a public hearing was held before the City
Council of the City of McHenry, Illinois, on the advisability of further revising the
Operations and Reclamation Plan heretofore approved, on minimizing noise to the
surrounding properties from the wash plant situated on adjacent property, the
Second Amendment to the above -described Annexation Agreement, and on the
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96-59-1 148
advisability of determining the reclamation bond as hereinabove set forth.
FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN
CONTAINED, IT IS HEREBY AGREED AS FOLLOWS:
1. The Operations and Reclamation Plan attached hereto and made a part
hereof as Exhibit "A" is hereby substituted for and shall replace the Operations and
Reclamation Plan as amended on September 2, 1992.
2. That, as consideration for the amendment of the aforesaid Annexation
Agreement, Owner shall enclose the upper eighteen (18) feet of the wash plant
presently situated on land adjacent to the subject premises in order that noise to the
surrounding properties be minimized. In the event the City of McHenry determines
this remedy to be insufficient, additional sections of the wash plant will be enclosed
to further minimize the noise to surrounding properties.
3. That paragraph 11 on page 11 of the Annexation Agreement dated May
4, 1988, shall be deleted in its entirety.
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IN WTINESS WHEREOF the undersigned have hereunto set their hands and
seals and have caused this instrument to be executed by their duly authorized
representatives and the corporate seal attached thereto all on the day and year first
written above.
CITY OF MCHENRY,
I
ATTEST:
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Tfii= CfiiCACO T:iUSi CC'.'.:P: c1Y
�lh"l
CMCAGO TITLE AND TRUST COMPANY, not
Individually, but as Trustee under the Provisions of
a Trust Agreement Dated July 17, 1968, and Known
as Trust No. 53278
By:
Its MT. VICE Pr�3Ir W 'r
STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
I, the undersigned, a Notary Public in and for the County and State
aforesaid, DO HEREBY CERTIFY that t vnfnA" g RtAppir
personally known to me to be the AWT• VICE nESME r of Chicago Title and
Trust Company, an Illinois Corporation, and LAREN Mx>iEL
personally known to me to be the Asat . Secretary of said corporation,
whose names are subscribed to the foregoing instrument as such MT. VICE PMsMMT
and Asst. Sccrctary, appeared before me this day in person and acknowledged
that they signed and delivered the said instrument as their own free and voluntary
acts, and as the free and voluntary act of said corporation, as Trustee, for the uses
and purposes therein set forth, and the said Aset. Secretary did also then and
there acknowledge that, as custodian of the corporate seal of said corporation, he
did affix the said corporate seal of the said corporation to said instrument as his
own free and voluntary act, and as the free and voluntary act of said corporation, as
Trustee, for the uses and purposes therein set forth.
GIVEN under my hand and notarial seal this 21 s f day of u ri c-
1996.
Notary Public
My commission expires , 19 "OFFICIAL S--AL"
C rri� f34rt
Notary (' �:. , St ':, cf Illinois
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96 -59 --1 151
MEYER MATERIAL COMPANY,
an Illinois General Partnership
By: MMQ 9. ill cXXe_.
Its Xbyb► uX. ,1 ` V0r -
STATE OF ILLINOIS )
) SS
COUNTY OF McHENRY )
(;n 6. W i I le, , being first duly sworn, on oath states that he is the
rm cr of Meyer Material Company, an Illinois General Partnership,
and that as such IJ he is authorized to sign this instrument on
behalf of the General Partnership; he further states that he has read the above and
foregoing Second Amendment to Annexation Agreement by him subscribed, that he
knows the contents thereof, and that the same are true to the best of his knowledge
and belief.
( ��k W,,/
SUBSCRIBED & SWORN TO before me
this � � � day of I a-e.., , 1996. OFFICI7SEAL
JENNIFERSON
NOTARY PUBLICLINOISMY COMMISSIO/28/00
Lary Bdrblic
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