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HomeMy WebLinkAboutOrdinances - O-77-121 - 10/17/1977 - ANNEX AGMT BOYD CHRISTENSENo- rl7 ial ORDINANCE NO. 0::_12.1 AN ORDINANCE PROVIDING FOR THE APPROVAL OF A PROPOSED ANNEXATION AGREEMENT BETWEEN THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS AND LA SALLE NATIONAL BANK, AS TRUSTEE UNDER THE PROVISIONS OF A TRUST AGREEMENT DATED THE 26TH DAY OF DECEMBER, 1968, AND KNOWN AS TRUST NO. 38545 WHEREAS, LaSALLE NATIONAL BANK, as Trustee under the provisions of a Trust Agreement dated the 26th day of December, 1968, and known as Trust No. 38545 is the record owner of a certain parcel of real estate located on the west side of Draper Road and south of the intersection of Draper Road and Route 120 in McHenry Township; and WHEREAS, said real estate is contiguous to the existing corporate limits of the City of McHenry, McHenry County, Illinois; and WHEREAS, notice of public hearing was published in the McHENRY PLAINDEALER, a newspaper of general circulation pub- lished in the City, within the time provided by law, noti- fying the public of a hearing on said proposed Annexation Agreement to be held before the Corporate Authorities of the City of McHenry, McHenry County, Illinois on the 3rd day of October, 1977 at 7:30 p.m.; and WHEREAS, the Corporate Authorities of the City of McHenry have held the hearing as required by law and have found the entry into said Agreement will not be detrimental to the public health, welfare, or safety of the inhabitants of the City of McHenry, McHenry County, Illinois; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS AS FOLLOWS: SECTION I: The Annexation Agreement bearing the 17th day of October, 1977, by and between the City of McHenry, a Municipal Corporation in the State of Illinois, and LaSALLE 1 NATIONAL BANK, as Trustee under the provisions of a Trust Agreement dated the 26th day of December, 1968, and known as Trust No. 38545 be and the same is hereby approved. A complete and accurate copy of said Annexation Agreement is attached to this Ordinance and incorporated herein by ref- erence as Exhibit A. SECTION II: The Mayor and City Clerk of the City of McHenry are authorized to affix their signatures as Mayor and City Clerk of said City to said Agreement for the uses and purposes therein set forth. SECTION III: This Ordinance shall be known as Ordi- nance No. 0-121 and shall be in full force and effect immedi- ately after its passage and approval as required by law. PASSED by a two-thirds (2/3rds) majority of the City Council of the City of McHenry and approved by me this 17 day of October , 1977 ATTEST: City Clerk PASSED: October 17, 1977 APPROVED: October 17, 1977 NUMBER VOTING AYE: 7 NUMBER VOTING NAY: 0 NUMBER ABSTAINING: 0 NUMBER ABSENT: 2 ROVED AS TO FORM: City Attorney CITY OF MCHENRY -2- J07 Its 'Mayor — LXECUTED IN TPIYLICATE ORIGINAL ANNEXATION AGREEMENT THIS AGREEMENT made and entered into this 17th day of October, 1977, by and between the CITY OF McHENRY, a Municipal corporation in the State of Illinois, (hereinafter referred to as "CITY"), by and through its Mayor and Members of the City Council, (hereinafter referred to collectively as "CORPORATE AUTHORITIES"), and LaSALLE NATIONAL BANK, as Trustee under the provisions of a Trust Agreement dated the 26th day of December, 1968, and known as Trust No. 38545 and W. BOYD CHRISTENSEN and JEAN C. CHRISTENSEN, his wife, (hereinafter referred to as "OWNERS"). WITNESSETH: WHEREAS, LaSALLE NATIONAL BANK, as Trustee under the provisions of a Trust Agreement dated the 26th day of Decem- ber, 1968, and known as Trust No. 38545 is the owner of record of a certain parcel of real estate, the legal des- cription of which is set forth in paragraph 5 hereof, which is contiguous to the corporate limits of the City of McHenry; and WHEREAS, W. BOYD CHRISTENSEN and JEAN C. CHRISTENSEN, his wife, are the owners of the entire beneficial interest of the aforesaid Trust No. 38545; and WHEREAS, said parcel of real estate constitutes terri- tory which is contiguous to and may be annexed to the City of McHenry as provided for in Article VII of the Illinois Municipal Code, (Chapter 24, Illinois Revised Statutes, 1975); and WHEREAS, the OWNERS desire to have said parcel of real estate annexed to the City of McHenry upon certain terms and conditions herein set forth; and ,P—.i V a N WHEREAS, the CORPORATE AUTHORITIES after due and care- ful consideration have concluded that the annexation of the said parcel of real estate to the City, under the terms and conditions hereinafter set forth, would further the growth of the City, enable the City to control the development of the area and serve in the best interest of the City and its inhabitants; and WHEREAS, the OWNERS do not, by this Agreement, seek the amendment of any ordinance of the City relating to sub- division controls, zoning, official plan, or building hous- ing and related restrictions; and WHEREAS, pursuant to the provisions of Section 11-15.1- 1, et. seq. of the Illinois Municipal Code, (Chapter 24, Illinois Revised Statutes, 1975), a proposed Annexation Agreement was submitted to the CORPORATE AUTHORITIES and a public hearing was held thereon before the City Council of the City of McHenry pursuant to notice, as provided by the Statutes of the State of Illinois; FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN CONTAINED, IT IS AGREED AS FOLLOWS: 1. This Agreement is made pursuant to and in accor- dance with the provisions of Section 11-15.1-1, et. seq. of the Illinois Municipal Code, (Chapter 24, Illinois Revised Statutes, 1975); that said statutory provisions provide for annexation agreements to be entered into between owner of record and municipalities; that all of the requirements of the Illinois Revised Statutes and specifically, Section 11- 15.1-1, et. seq. of the Illinois Municipal Code in regard to publication and notice have been met prior to the date fixed for the hearing on the proposed Agreement. 2. That this Agreement is entered into after a public (, hearing before the CORPORATE AUTHORITIES of the City of t -2- McHenry which hearing was held October 3, 1977 in accordance with the provisions of the aforesaid statutes of the State of Illinois. 3. That the purpose of this Agreement is to provide for annexation of the real estate described in paragraph 5 hereof to the City of McHenry, Illinois upon the terms and conditions described in this Agreement. 4. That the OWNERS have heretofore filed with the City Clerk of the City of McHenry, a proper Petition for Annexation conditioned upon the terms and provisions of an Agreement to annex the real estate described in paragraph 5 hereof to the City of McHenry. 5. That the CORPORATE AUTHORITIES, upon execution of this Agreement will, pursuant to the Petition for Annexation heretofore filed, enact an Ordinance annexing the real estate hereinafter described and also any adjacent highways as required by law: The South one-half of the South one-half of Section 29, Township 45 North, Range 8 East of the Third Principal Meridian, in McHenry County, Illinois; ALSO: The North- east Quarter of the Southeast Quarter of Section 30; ALSO: The East Half of the Southeast Quarter of the Southeast Quarter of said Section 30; ALSO: The West Half of the Southeast Quarter of the Southeast Quarter of Section 30, Township 45 North, Range 8 East of the Third Principal Meridian, in McHenry County, Illinois. 6. That under the provisions of the City of McHenry Comprehensive Zoning Ordinance, as now in effect, any real estate which is annexed to the City of McHenry is auto- matically classified "R-1", SINGLE FAMILY DISTRICT. 7. That said real estate will be classified "R-1", SINGLE FAMILY DISTRICT within the meaning of the City of McHenry Comprehensive Zoning Ordinance upon its annexation to the City of McHenry. 8. That the said real estate which is the subject of I this Annexation Agreement is now under the jurisdiction of i M-C the County of McHenry and is presently classified "F", FARMING DISTRICT within the meaning of the County of McHenry Zoning Ordinance. 1 9. That immediately upon annexation of the heretofore described real estate to the City of McHenry, the CORPORATE AUTHORITIES shall adopt an Ordinance or Ordinances so as to provide that the subject real estate is classified "R-1", SINGLE FAMILY DISTRICT. 10. That it is understood and agreed by the parties hereto that time is of the essence of this Agreement, and that all of the.parties will make every reasonable effort, including the calling of special meetings, to expedite the subject matter hereof; it is further understood and agreed by the parties that the successful consummation of this Agreement requires their continued cooperation. 11. Notwithstanding the City's Subdivision Ordinances, the City agrees that the OWNERS shall be under no obligation to construct or dedicate any internal roads, or dedicate any land easements to the City until a final plat of subdivision encompassing the subject area in which the road or dedica- tion is located has been approved by the CORPORATE AUTHORITIES. Upon such approval, roads included in the final plat shall be constructed by the OWNERS, their successors, grantees or assigns at OWNERS' expense, in accordance with the provi- sions of the City of McHenry Subdivision Control Ordinance. 12. The City of McHenry acknowledges that its present Subdivision Control Ordinance does not require the construc- tion of curbs, gutters or sidewalks in connection with the Subdivision of "R-1", SINGLE FAMILY DISTRICT lots. The City further agrees that the premises annexed under the terms and provisions of this Agreement shall be exempted from the provision of any future Subdivision Control Ordinance require- ments relating to curbs, gutters and sidewalks; provided, -4- however, that the OWNERS nevertheless agree to install curbs and gutters at such locations and in accordance with such specifications as may be from time to time designated by the City Engineer when, in the City Engineer's discretion, the installation of such curbs and gutters becomes desirable for the purpose of preventing erosion from surface water runoff. 13. The City agrees that the OWNERS and/or developers shall be under no obligation to extend the existing munici- pal sewer and water lines from their present terminus to serve the subject property, and further agrees to permit the OWNERS and/or developers to use septic and well systems on each parcel developed; provided further that it is the intent of the -parties hereto that this provision of this Agreement shall survive any amendment of the City of McHenry Subdivision Control Ordinance which would require at a future date the development of the subject real estate by means of the extension of municipal utilities including sewer and water. 14. The parties hereto agree that the OWNERS shall not be required to donate any land or money to the City, park district, library district, or any school district or any other governmental body, other than that which is speci- fically provided for below: The following donations shall be paid to the City of McHenry by the OWNERS upon the sale of each lot covered by a final plat of subdivision, however, if not sooner paid, one-half (1/2) of the total donation due for the total number of lots within said final plat shall be due eighteen (18) months after said final plat approval and the remaining balance, if not sooner paid, shall be due thirty-six (36) months after said final plat approval, and a notation re- lating to the payment of said donation shall be placed upon 1 and recorded with any final plat submitted to the City: -5- Park Donation Library Donation High School Donation Grade School Donation $400.00 per lot $100.00 per lot $200.00 per lot $200.00 per lot 15. Upon the approval of a final plat of subdivision for Unit #1 by the City, the OWNERS agree to dedicate a right of way for the installation of a de -acceleration lane along the frontage of the subject property on the west side of Draper Road. Further, the OWNERS agree to advance, without the right. of recapture, the total cost of construc- tion, engineering fees and miscellaneous costs, as may be from time to time approved by the City Council, and at such times as requested by the City Council, for the construction of the aforesaid de -acceleration lane along the frontage of the subject property, according to the specifications for said de -acceleration lane as designated by the City Engineer. 16. OWNERS agree to advance the costs of construction, engineering fees and miscellaneous costs, as may be from time to time approved by the City Council and at such times as required by the City Council for the installation of a matte surface on Draper Road along the frontage of the subject property, according to the specifications for such matte surface as designated by the City Engineer, subject to the execution of a mutually acceptable recapture agreement with the City. The recapture agreement shall provide for the recapture of one-half (1/2) of the aforesaid costs from the property owners adjoining said improvements of Draper Road made by the OWNERS herein, but not including 0 any costs associated with the de -acceleration lane. Both the City and the OWNERS agree to execute said recapture agreement as soon as the engineer's estimate of the cost of same is available. The parties hereto agree that the OWNERS shall not be required to donate or dedicate any land to the City for any future right of way on Draper Road as the aforesaid dedication of a right of way for the installation of the de - acceleration lane shall hereby satisfy all of the City's requirements for a dedication from the OWNERS herein along said road. 17. The parties hereto hereby agree that any engineer hired by the OWNERS and/or developer to perform engineering services with respect to the subject development must be approved by the City of McHenry even though the OWNERS and/or developer shall be responsible for all costs and charges of said engineering firm. It is further agreed that the engineering firm selected by the OWNERS and/or developer and appoved by the City of McHenry shall agree to abide by the specifications for the development of the subject real estate as set forth by the City engineer or any other engi- neering firm hired by the City in its discretion to consult with the engineer and the OWNERS and/or developer with respect to the subject development. 18. That the City of McHenry agrees to approve a plat or plats of subdivision of the subject property upon the submission of such plat or plats of subdivision by the OW14ERS and/or developer which plat or plats will provide for the development of the single family homesites with a minimum lot size of 40,000 square feet or more. The final plat of subdivision for Unit # 1 shall extend to and include a road linking said Unit #1 to an dis existing road in the Glacier Ridge Subdivision adjacent thereto and shall also include the de -acceleration lane mentioned in paragraph 14 hereof. 19. OWNERS agree that the premises annexed pursuant to the terms of this Agreement shall be developed only in accordance with the provisions of the City of McHenry Zoning Ordinance relating to "R-1", SINGLE FAMILY DISTRICT classi- fication; and the OWNERS agree to subdivide said territory in accordance with the procedures and provisions contained in the Subdivision Control Ordinance of the City of McHenry in effect at the time such subdivision of any of the terri- tory is sought, subject, however, to the understanding of the parties hereto relating to the installation of curbs and gutters hereinabove mentioned. 20. It is not the intent of the parties to this Agree- ment to freeze any fees now or hereafter required by the City in connection with building permits, capital develop- ment, plan review, inspection fees, sewer and water tap on, or other regulatory fees or charges having to do with sub- division construction or development, nor is it the intent of this Agreement to grant any variance to the OWNERS with regard to the premises herein described from the terms and provisions of any ordinance or regulation of the City. Notwithstanding anything contained in this para- graph to the contrary, it is hereby agreed between the parties hereto that the provisions of this Agreement in Paragraphs 12 and 13 hereof shall survive any amendment of the City of McHenry Subdivision Control Ordinance with respect to the question of installation of municipal utili- ties and/or the installation of curbs and gutters in the subject development. no 21. OWNERS shall, upon request, reimburse the City for all its attorney's fees, planning consultants' fees and other engineering services arising out of and in connection k with proceedings relating to the annexation of the property herein described. 22. This Agreement is binding upon the parties hereto, and their respective successors and assigns for a full term of ten (10) years commencing, as of the date hereof, as provided by Statute and to the extent permitted thereby, it is agreed that in the event that the annexation of the OWNERS' real estate or the terms of this Agreement are challenged in any Court proceeding, the period of time during which such litigation is pending shall not be in- cluded in the calculation of said ten (10) year period. 23. If any provision of this Agreement is declared invalid or illegal, the remainder of the Agreement shall not be effected thereby. 24. The covenants and agreements contained in this Agreement shall be deemed to be covenants running with the land during the term of this Agreement and shall inure to the benefit of and be binding upon the heirs, successors and assigns of the parties, including the City, its CORPORATE AUTHORITIES and their successors in office and be enforce- able by order of Court pursuant to its provisions and the applicable Statutes of the State of Illinois. IN WITNESS WHEREOF, the CORPORATE AUTHORITIES and the OWNERS 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 thereto, all on the day and year first written above. CITY OF McHENR 01 - BYIg ts,000MY0r WE EST: City Clerk/ (SEAL) APPROVED AS TO FORM: City Attorney 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 JOSEPH B. STANEK and BARBARA E. GILPIN, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF McHENRY, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally ack- nowledged that they signed and delivered said instrument as such Mayor and City Clerk of said Corporation, and caused the Corporate Seal of said Corporation to be affixed thereto pursuant to the authority, given by the City Council of said Corporation 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. My Commission Expires: 0),vy7.,e. z 67 -10- Notary Pub-1 C LaSALLE NATIONAL BANK, as Trustee under the provisions of a Trust Agreement dated the 26th day of December, 1968, and known as Trust NO. 3 8 5 4 5And not p ersoiiall} BYE ( (� i l 1; �!x T', �?/I i �•� -� = �—� Its Trust Officer r✓ KSE'Y V1CS P2ESIDE41 ATTEST: (SEAL) SUBSCRIBED and SWORN to before me this 19th Oay. of October, 1977.• Notary Publ it -' 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 the above named ttGaN [CU CS�� and '-'. rI IEL' , respectively President and Secretary of the La- SALLE NATIONAL BANK, Trustee aforesaid, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as suchabS r 11 l 4esident and ASs,t Secretary, respective, appeared before me this day in person and severally acknowledged that they signed and delivered said instrument as their own free and voluntary act of said Corporation, for the uses and purposes therein set forth and that said -t Secretary then and there acknowledged that Amlt Secretary, as Custodian of the Corporate Seal of said Corporation, caused the Corporate Seal of said Corporation to be affixed to said instrument as said Secretary's own free and voluntary act and as the free and voluntary act -8- c I of the Corporation for the uses and purposes therein set forth. My Commission Expires: VT Commission Expires June 20, 1981 SUBSCRIBED and SWORN to before me this 19th-day of ctob r, 1977. Notary PubTie-) STATE OF ) SS. COUNTY OF ) Notary Public /V. zz': �:. 16 W. B2P Christensen oz�-fw- /? d- 01 �/- Jean C. Ch istensen I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY that W. BOYD CHRISTENSEN and JEAN C. CHRISTENSEN, his wife, personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they signed and delivered said instrument as their free and voluntary act for the uses and purposes therein set forth. N t r u i My Commission Expires: -9-