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HomeMy WebLinkAboutOrdinances - O-78-154 - 07/10/1978 - AUTHORIZE EXECUTION ANNEX AGREEMENT MASS CONSTRUCTCITY OF McHENRY, ILLINOIS ORDINANCE NO. 0-154 AN ORDINANCE authorizing the execution of an Annexation Agreement between H.H. MASS CONSTRUCTION COMPANY and THE CITY OF McHENRY, ILLINOIS. WHEREAS, it is in the best interests of the City of McHenry, McHenry County, Illinois, to enter into a certain Annexation Agreement with H.H. MASS CONSTRUCTION CO., INC. pertaining to the development of real estate continguous to the City of McHenry and propose for de- velopment under the name of Derby Acres; and, WHEREAS, the developer, H.H. MASS CONSTRUCTION CO., INC., the legal owner of record of the real estate which is the subject of said Agreement is ready, willing and able to enter into said Agreement and to perform the obligations as required hereunder; and, WHEREAS, the statutory procedures provided in division 15.1 of Article 11 of the Illinois Municipal Code, as amended, for the execution of said Annexation Agreement have been fully complied with; NOW, THEREFORE, be it ordained by the Mayor and City Council of the City of McHenry, McHenry County, Illinois, as follows: SECTION I: That the Mayor be and he is hereby authorized and rected, and the City Clerk is directed to attest, a document known 3s Annexation Agreement dated July 10, 1978, as to 38.5901 acres (a copy of which is attached hereto and made a part hereof as if more fully set forth below). SECTION II: That this Ordinance shall be in full force and effect from and after its passage, approval and publication as pro- vided by law. AYES: Bolger, Nolan, Harker, Datz, Smith, Schooley, Rogers, Adams NAYS: None ABSENT: None PASSED AND APPROVED THIS loth day of July, 1978. f • 6-f'McHenry " I--, ATTEST: City Clerk ANNEXATION AGREEMENT THIS AGREEMENT, made and entered into this 1-H of �� Y UL 1977 by and between the CITY OF McHENRY, ILLINOIS (hereinafter referred to as the City), by and through its Mayor and City Council (hereinafter referred to collectively as the Corporate Authorities), and H. H. MASS CONSTRUCTION COMPANY, an Illinois corporation, and its successors and assigns (hereinafter referred to as the Owner), W I T N E S S E T H: WHEREAS, H. H. MASS CONSTRUCTION COMPANY is the owner of record of certain real estate more properly described on Exhibit A attached rAreto and made a part hereof (Subject Real Estate), and which is con- tiguous to the corporate limits of the City of McHenry; and WHEREAS, the subject real estate constitutes territory which is contiguous to and may be annexed by the City of McHenry, as provided by Illinois Revised Statutes, Chapter 24, Section 7-1-1, et seq.; and WHEREAS, the Owner desires to have the said subject real estate annexed to the City of McHenry upon the certain terms and conditions hereinafter set forth; and WHEREAS, the Corporate Authorities, after due and careful con- sideration, have concluded that the annexation of the said real estate to the City on the terms and conditions hereinafter set forth.would rther the growth of the City, enable the City to control the develop - tent of the area, and subserve the best interests of the City; 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 in substance and in form the same as this Agreement was submitted to the Corporate Author- ities and a public hearing was held thereon pursuant to notice, as provided by statute; and WHEREAS, pursuant to notice, as required by statute and ordin- ance, a public hearing was held before the City of McHenry Zoning Board of Appeals on the requested zoning classification of the subject real es- tate and recommendations from the Zoning Board of Appeals were submitted the Corporate Authorities. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements herein contained, it is hereby agreed as follows: 1. This agreement is made pursuant to and in accordance with the provisions of Section 11-15.1-1, et. seq. of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes, 1975). 2. The Owner, upon execution of this Agreement, will file with the City Clerk a proper petition conditioned on the terms and provisions of this Agreement, to annex the subject real estate to the City of McHenry. 3. The Corporate Authorities, upon the execution of this Agreement It___ upon the filing of a proper petition by the Owner, as hereinabove ovided, will enact an ordinance annexing the subject real estate to the City of McHenry in the manner provided by law. 4. Immediately after the passage of the Ordinance annexing the subject real estate, the Corporate Authorities shall cause the following to be adopted: (a) An amendment to the Amended Zoning Ordinance of the City of McHenry, zoning and reclassifying that portion of the subject real estate more properly described in Exhibit "B" attached hereto, as R-3 Single Family District restricting building sites to at least 75 feet of front- age and 10,000 square feet in area. (b) An Ordinance varying the provisions of the Amended Zoning ordinance of the City of McHenry, waiving the prohibition against con- struction in the rear yard of boathouses, bathhouses and piers as to those lots depicted on the preliminary plat of subdivision, incorporated herein excepting "Lots 22, 23, A and B". For the purposes of this Agree- ment and variation, the terminus of the rear yard is determined to be the "shoreline" as depicted on the preliminary plat of Subdivision. (c) An Ordinance varying the provisions of the McHenry Subdivision and Platting Ordinance by waiving the maximum length of cul-de-sac to be constructed on the subject property, and the construction of sidewalks on east side of the street running north and south upon the premises u on one side of the street connecting the premises to McCullom Lake Road. (d) An Ordinance approving the subdivision of the subject real estate in accordance with the Plat of Subdivision approved by the Planning Commission with the waivers and variances herein described and by refer- ence incorporated into this agreement as if more fully set forth below. 5. The parties agree, that in addition to the real estate described in Exhibit A hereto attached, the Owner shall dedicate that parcel of real estate abutting the eastern portion of the subject real estate and ae ribed on Exhibit C attached hereto and made hereof to the City of enry. Upon such dedication, the Corporate Authorities shall cause to be enacted, an Ordinance, in an form approved by the City Attorney, granting HERMAN H. MASS, or his agents, for a period of ten (10) years from the effective date thereof, the exclusive right to use the real estate des- cribed in Exhibit C hereto attached, together with that portion of the proposed development known as DERBY ACRES, shown thereon as "Lot B" for the purpose of exercising horses he owns, or boards at the barn adjacent to the premises, which grant shall survive the term of this Agreement. 6. The City represents that municipal sanitary sewers, having Quequate and sufficient capacity to serve the subject real estate, in accordance with the uses permitted under the terms of this Agreement, are located on the property abutting the subject property. The City agrees that the Owner, its successors and assigns, may, for the purpose of serving the subject real estate, connect onto such municipal facilities at such location as may be convenient at the time of development of the subject real estate, or a portion thereof, as are advisable and proper from an engineering standpoint. It is recognized that the extensions of the aforesaid municipal fac-Liities may benefit the owner or owners of other property. - 3 - Therefore �J the City and owner shall enter into a separate agreement, the terms or -which are acceptable to the City Attorney, which shall provide for imbursement to Owner from a benefitted property owner for any oversize construction of the aforesaid extensions and storm water sewers; designate the property that shall be considered benefitted property; designate the manner for calculating any benefitted property owners reimbursement to Owner; and provide that within five (5) years from the date hereof, the City will not permit a benefitted property owner to connect onto and utilize the aforesaid extensions and storm water sewer without first reimbursing Owner. If a municipal water system is constructed upon an abutting tract of land to which Owner connects, the City agrees to accept for its fee -)t more than the standard fees in force at the time connection is made y the Owner, its grantees and assigns. The Corporate Authorities agree, upon annexation and approval of engineering plans for development of the subject real estate, to enact ordinances authorizing and directing the City, by and through its duly authorized and acting officials, to execute agreements with the Owner for the purpose of carrying out the provisions of this Section 6, including enacting ordinances authorizing and directing the City to collect the said sums for recovery of costs to Owner. 7. The Owner and Corporate Authorities agree that construction of buildings and structures on the subject real estate shall comply in respects with the applicable provisions of the City Building Code. All Ordinances of the City relating to subdivision controls, zoning, official plan, housing and related restrictions, in effect as of the date hereof, and as modified by the terms hereof, shall, insofar as they apply to the land which is the subject of this Agreement, continue in effect during the full effective term of this Agreement, except with the mutual consent of the parties. - 4 - 0 The Corporate Authorities further agree that during the full ef- fective term of this Agreement, the Owner is entitled to construct on m x .mum the subject real estate structures of the/size and type permitted at the date a Final Plat of Subdivision is approved by the Corporate Authorities. 8. It is understood and agred by the parties hereto that time is of the essence of this Agreement, and that all parties will make every reasonable effort, including the calling of special meetings, to expedite the subject matters hereof; it is further understood and agreed by the parties that the successful consummation of this Agreement requires their co- '-inued co-operation. 9. The Owner will take such action, as is necessary or required, — th respect to the filing of proper petitions for annexation of the - 5 - subject real estate to any community service district which encompasses subject real estate, if appropriate. 10. The Owner agrees during the term of this Agreement, for it- self, its successors and assigns, not to develop or otherwise improve the subject real estate except pursuant to and in accordance with those present provisions of the Amended Zoning Ordinance of the City of McHenry as varied by the Corporate Authorities in accordance with the terms of this Agreement. The Owner further agrees that any Final Plat of Subdivision of Derby Acres shall include thereon, or be accompanied by restrictions affecting the subject property in a form approved by the Corporate Auth- of ies. 11. This Agreement shall be binding upon the parties hereto, their respective successors and assigns for a full term of five (5) years com- mencing as of the date hereof, as provided by statute and for such fur- ther term as may hereafter be authorized by law. In the event that the annexation hereby provided for shall be challenged in any legal pro- ceeding, the period of time during which such proceedings are pending final determination shall toll the beginning date of this agreement. IN WITNESS WHEREOF, the Owner has hereunto caused this instrument to be executed by its duly authorized and acting President and attested to by its duly authorized and acting Secretary, and the Corporate Auth- _ies and City have caused this instrument to be executed by the duly __acted and acting Mayor and attested to by the City Clerk the day and year first above written. CITY OF MCHENR , ILLINOIS BY: M or ATTEST. City Clerk H. H. MASS CONSTRUCTION COMPANY, an Ill�iJno s--c/orRo tion', BY: /� /7 /C_-ti (CORPORATE SEAL) Its President ATTEST:-v Its Secretary That part of the East Half of Section 22, Township 45•North, Range 8 Fast of the Third Principal Meridian,, described as'follows: Be- ginning at the Northwest corner of the -Southeast Quarter of said Section; thence North 44 degrees, 35 minutes 00 seconds East along the Southeasterly line of Block 1''in McCullom Lake Estates, accord- ing to the Plat thereof recorded May 31, 1929 as Document #88347 in Book 6 of Plats, pages 90 and 91, in McHenry County, Illinois, for a distance of 316.28 feet; thence South along a curve having a radius of 220.00 feet as said curve is convexed to the West for an listance of 125.38 feet; thence South 52 degrees, 36 minutes, i econds East, 145.98 feet; thence North 37 degrees, 23 minutes :seconds East, 154.69 feet; thence South 52 degrees, 36 minutes, 38 seconds East,',139.57 feet; thence Northeasterly along a curve having a radius of 1300.0 feet (as said curve is convexed to the Northwest) for an arc distance of 523.03 feet; thence Southeasterly along the Northeasterly line of McCullom Lake Road, being along a curve having a radius of 964.815 feet (as said curve is convexed to the Northeast) for an arc distance of 60.43 feet; thence South- westerly along a curve having a radius of 1240.0 feet (as said curve is convexed to the Northwest) for an arc distance of 512.67 feet; thence South 60 degrees, 49 minutes, 17 seconds East, 556.64 feet to the West right-of-way line of the Chicago'and Northwestern Railway Company; thence South 11 degrees, 00 minutes, 00 seconds East along said West right-of-way line, 1006.77 feet; thence South 77 degrees, 36 minutes, 57 seconds West, 417.57 feet; thence North 89 degrees, 25 minutes, 37 seconds West along the 1/16th line, 978.65 feet to the Southwest corner of the Northwest Quarter of the Southeast Quarter of Section 22, Township 45 North, Range 8; th--ice North 1 degree, 54 minutes, 57 seconds East along said We _ line of the Northwest Quarter.of the Southeast Quarter, '00.60 feet to the place of beginning, all containing 38.5901 es, more_or_less,_ in McHenry County, Illinois. EXHIBIT A That part of Lot "A" as shown on the tentative plat of Derby Acres, and described as follows: Beginning at the Southwest corner of the Northwest Quarter of the Southeast Quarter of Section 22, Township 45 North, Range 8, East of the Third Principal Meridian; thence North-10 54'57" East along the West line of the said Northwest Quarter of the Southeast Quarter for a distance of 1300.60 feet to the Northwest corner of said Northwest Quarter of the Southeast Quarter; thence South 510 11' 59" East, 1085.0 feet; thence South 410 44' 27" East,-205.91 feet; thence South 110 00' 00" East, 455.0 feet; thence South-.770 36' 57" West, 137.57 feet; thence North 890 25" 37"- West- along the -South line of said Northwest Quarter of the Southeast Quarter for a distance of 978.65 feet to the point of beginning. All containing 21.571 acres, more or less, in McHenry County, Illinois. Exhibit B Part of the East Half of Section 22, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at a point on the South line of the Northeast Quarter of said Section 22 located on the West right-of-way line of the Chicago and Northwestern Railway right-of-way; thence - South 110 00' 00" East along the Westerly line of said right-of-way for a distance of 225.99 feet; thence North 660 49, 17" West, 556.64 feet; thence Northeasterly along a curve having a radius of 1240.00 feet, as said curve is convexed to the Northwest, for an arc distance of 482.57 feet to the center lir -)f McCullom Lake Road; thence Southeasterly along the said center line, along a curve having a radius of 934.81 feet as said curve is convexed to the Northeast, for an arc distance of 85.64 feet to a point of tangency; thence South 370 07' 11" East, 20.58 feet along said center line; thence South 110 00' 00" East along the said Westerly right-of-way line of the Chicago and Northwestern Railway Campany for a distance of 338.29 feet to the place of beginning. All containing 3.504 acres, more or less, in McHenry County, Illinois.