HomeMy WebLinkAboutOrdinances - O-96-786 - 05/29/1996 - AUTHORIZE SECOND AMENDMT ANNEX AGMT MEYER MATERIALq6 2-o3�86
AN ORDINANCE PROVIDING FOR THE APPROVAL
OF THE SECOND AMENDMENT TO ANNEXATION AGREEMENT
WHEREAS, on the 23rd day of August, 1990, the Corporate Authorities, for and
on behalf of the City of McHenry, McHenry County, Illinois, adopted a certain
ordinance identified as Ordinance No. 0-90-560 approving a certain Annexation
Agreement between the City of McHenry, a Municipal Corporation, Meyer Material
Company, an Illinois General Partnership, and Chicago Title and Trust Company, not
Indiividually, but as Trustee under the provisions of a Trust Agreement dated July 17,
1968, and known as Trust No. 53278; and
WHEREAS, the Corporate Authorities have heretofore adopted a certain
ordinance identified as Ordinance No. 0-90-561, which provided, in part, that the 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, on the 2nd day of September, 1992, the Corporate Authorities
adopted a certain ordinance identified as Ordinance No. 0-92-606 amending the
Operations and Reclamation Plan attached to the aforesaid Annexation Agreement; and
WHEREAS, a Notice of public hearing before the City Council of the City of
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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 THE CTFY
OF McHENRY, McHENRY COUNTY, ILLINOIS, AS FOLLOWS:
Section 1. That the Second Amendment to the Annexation Agreement approved
by Ordinance No. 0-90-560 be and the same is hereby approved.
Section 2. That the Second Amendment to the Annexation Agreement shall
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 pursuant to
Ordinance No. 0-92-606.
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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":
All that part of the West Half of the East Half of the Northeast Quarter of
Section 30, Township 45 North, Range 8 East of the Third Principal
Meridian, which lies Southerly of the right-of-way line of State Route 120,
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 McHenry determines
this remedy to be insufficient, additional sections of the wash plant will be enclosed to
further minimize the noise to surrounding properties.
Section 6. This Ordinance shall be known as Ordinance No. 0-96-786 _
and shall be in full force and effect from and after its passage and approval as required
by law.
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PASSED this 29thday of May , 1996.
AYES. Bolger, Locke, Bates, Lawson, Baird, Coda
NAYS: None
ABSTENTIONS: None
ABSENT: None
APPROVED this 29 th day of May .1996.
ATTEST:
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SECOND AN MNDMENT TO ANNEXATION AGREEMENT
This Second Amendment dated the d 9rday of XA Y , 1996, to
that certain Annexation Agreement heretofore approved by Ordinance No. 0-90-560
and entered into on the 3rd day of October, 1991, by the City of McHenry, a
Municipal Corporation, Meyer Material Company, an Illinois General Partnership,
and 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.
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,
All that part of the West Half of the East Half of the Northeast Quarter
of Section 30, Township 45 North, Range 8 East of the Third Principal
Meridian, which lies Southerly of the right-of-way line of State Route
120, in McHenry County, Illinois;
WHEREAS, Meyer Material Company 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 Plan
submitted as part of the Operations and Reclamation Plan approved by the
Corporate Authorities on the 23rd day of August, 1990, and amended on the 2nd
96-59-1160
day of September, 1992, pursuant to Ordinance No. 0-92-606; 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
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, in 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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96-59-1161
IN WITNESS 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, ILLINOIS
ATTEST:
ATTEST:
Its
yor
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
SEE ATTACHED EXC.U'LP;'J OIRY
By:
Its
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96-59-ii62
EXECUTION WITH EXCULPATORY CLAUSE FOR THE CHICAGO TRUST COMPANY, TRUSTEE UNDER
TRUST # 53278 ATTACHEDTOTHAT Second Amendment to Annexation
DATED TO/WITH City of McHenry
It is expressly understood and agreed by and between the parties hereto, anything to the contrary
notwithstanding, that each and all of the warranties, indemnities, representations, covenants,
undertakings and agreements herein made on the part of the Trustee while in form purporting to be
the warranties, indemnities, representations, covenants, undertakings and agreements of said Trustee
are nevertheless each and every one of them, made and intended not as personal warranties,
indemnities, representations, covenants, undertakings and agreements by the Trustee or for the
purpose or with the intention of binding said Trustee personally but are made and intended for the
purpose of binding only that portion of the trust property specifically described herein, and this
instrument is executed and delivered by said Trustee not in its own right, but solely in the exercise of
the powers conferred upon it as such Trustee; and that no personal liability or personal responsibility
is assumed by nor shall at any time be asserted or enforceable against The Chicago Trust Company,
on account of this instrument or on account of any warranty, indemnity, representation, covenant or
agreement of the said Trustee in this instrument contained, either expressed or implied, all such
personal liability, if any, being expressly waived and released.
IN WITNESS WHEREOF, The Chicago Trust Company, not personally, but as Trustee as aforesaid,
has caused these presents to be signed by its Assistant Vice President, and its corporate seal to be
hereunto affixed and attested by its Assistant Secretary, the day and year first above written.
DATE July 3, 1996
��O Tit/T
�r� ,� ""`, L - ,
- ,
Corporate Seal
STATE OF ILLINOIS �-•^
The Chicago Trust Company,
as Trustee aforesaid and
not personally,
By: f
Assistant Vice President
Attest
Assistant Secretary
I , the undersigned, a Notary Public in and for the
COUNTY OF COOK ) SS. County and State aforesaid, DO HEREBY CERTIFY,
that the above named Assistant Vice President and
Assistant Secretary of The Chicago Trust Company, personally known to me to be the same persons
whose names are subscribed to the foregoing instrument as such Assistant Vice President and
Assistant Secretary respectively, 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 of said Company for the uses and purposes therein set forth; and the said Assistant
Secretary then and there acknowledged that said Assistant Secretary, as custodian of the corporate
seal of said Company, caused the corporate seal of said Company to be affixed to said instrument as
said Assistant Secretary's own free and voluntary act and as the free and voluntary act of said
Company for the uses and purposes therein set forth.
LNotary
u,,,L SEAL" Given under my hand and Notarial Seal this 3rd day
DAVENPORT of July 1996.
ic, State of Illinois
on Expires 10/7/99
No
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MEYER MATERIAL COMPANY,
an Illinois General Partnership
By: M a( j uidk
Its G&A yy ,wum vy-
STATE OF ILLINOIS )
) SS
COUNTY OF McI-IENRY )
✓%h J I Ji-11-e , being first duly sworn, on oath states that he is the
of Meyer Material Company, an Illinois General Partnership,
and that as such 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.
SUBSCRIBED & SWORN TO before me
Ik
this_ day of can c- , 1996.
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96-59-1 164