HomeMy WebLinkAboutOrdinances - O-78-165 - 08/28/1978 - AUTHORIZE ANNEX AGMT LOTS 4-7 SHERMAN HILL SUBAUG 25 1918
ORDINANCE NO. p-165 U+ _ 79-165
AN ORDINANCE PROVIDING FOR THE APPROVAL OF PROPOSED ANNEXATION
AGREEMENT BETWEEN THE CITY OF MCHENRY, COUNTY OF MCHENRY,
ILLINOIS AND MCHENRY STATE BANK AS TRUSTEE UNDER THE PROVISIONS
OF A TRUST AGREEMENT DATED DECEMBER 11, 1974, AND KNOWN AS TRUST
NO. 726.
WHEREAS, MCHENRY STATE BANK, as Trustee under the pro-
visions of a Trust Agreement dated December 11, 1974, and known
as Trust No. 726, is the owner of a certain parcel of real estate
described as follows:
Lots 4, 5, 6 and 7 (except the Westerly 50 feet of said
Lot 7) of Sherman Hill Industrial Subdivision, being
a Subdivision of part of the Northwest Quarter of Section
28, Township 45 North, Range 8 East of the Third Principal
Meridian, according to the Plat thereof recorded July 12,
1961 as Document No. 388438, as amended by Certificate
recorded August 14, 1961 as Document No. 390006, in
McHenry County, Illinois.
WHEREAS, said real estate is contiguous to the existing
corporate limits of the City of McHenry, McHenry County, Illinois;
and
WHEREAS, Notice of a Public Hearing was published in
the MCHENRY PLAINDEALER, a newspaper of general circulation in
the City of McHenry, within the time provided by law, notifying
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 19th day of June , 1978,
at 7:30 p.m.; and
WHEREAS, the corporate authorities of the City of
McHenry have held the hearing required by law and have found that
the entry into said Annexation Agreement will not be detrimental
to the public health, welfare or safety of the inhabitants of the
City of McHenry, McHenry County, Illinois.
V
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF McHENRY., McHENRY COUNTY, ILLINOIS AS FOLLOWS:
SECTION 1. The Annexation Agreement bearing the date
of the 28th day of August , 1978, by and between
the CITY OF McHENRY, McHenry County, Illinois, and McHENRY
STATE BANK, as Trustee under the provisions of a Trust
Agreement dated December 11, 1974, and known as Trust No. 726,
be and the same is hereby approved. A full, true, complete
and accurate copy of said Annexation Agreement is attached
to this Ordinance and is incorporated herein by reference as
Exhibit No. 1.
SECTION II.
The Mayor and City Clerk of the CITY OF
McHENRY, McHenry County, Illinois are authorized to affix
their signatures as Mayor and City Clerk of said City to said
Annexation Agreement for the purposes and uses therein set
forth .
SECTION III. This Ordinance shall be known as Ordinance
No. 0-165 and shall be in full force and effect from and after
its passage and approval as required by law.
PASSED by a two-thirds majority of the Corporate
Authorities of the CITY OF McHENRY, McHenry County, Illinois
this 28thday of August , 1978.
AYES: Rn19Pr—Nnlan, Harker, natz, Smith- Adams, Ravers, Stanek
NAYS: Schooley
ABSENT: None
APPROVED this_2&tJLday of A„ $„tt , 1978.
ATTEST:
City Clerk
CITY O. .J ._
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ANNEXATION AGREEMENT
THIS AGREEMENT, made and entered into this day of
1978, 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 McHENRY STATE BANK, as Trustee under
the provisions of a Trust Agreement dated December 11, 1974, and
known as Trust No. 726, (hereinafter referred to as "Owner").
W I T N E S S E T H:
WHEREAS, McHENRY STATE BANK, as Trustee under said
Trust No. 726 is the record title owner of the following described
property:
Lots 4, 5, 6 and 7 (except the Westerly 50 feet of said
Lot 7) of Sherman Hill Industrial Subdivision, being a
Subdivision of part of the Northwest Quarter of Section
28, Township 45 North, Range 8 East of the Third Principal
Meridian, according to the Plat thereof recorded July 12,
1961 as Document No. 388438, as amended by Certificate
recorded August 14, 1961 as Document No. 390006, in
McHenry County, Illinois.
(Herinafter referred to as "Parcel")
WHEREAS, said Parcel is contiguous to the corporate
limits of the City of McHenry, Illinois and is not within the
corporate boundaries of any other city or village and has no
electors residing therein;
WHEREAS, said Parcel constitutes territory which is
contiguous to and may be annexed to the City of McHenry, Illinois,
as provided in Article VII of the Illinois Municipal Code,
(Chapter 24, Illinois Revised Statutes, 1975); and
WHEREAS, the Owner desires to have said Parcel annexed
to the City of McHenry, Illinois, upon certain terms and conditions
hereinafter set forth; and
WHEREAS, the Corporate Authorities after due and careful
consideration have concluded that the annexation of said parcel 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 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 form
and substance the same as this Agreement, was submitted to the
Corporate Authorities and a public hearing was held thereon pur-
suant to notice, as provided in the statutes; and
WHEREAS, pursuant to notices as required by the statutes
of the State of Illinois and the City of McHenry Zoning Ordinance,
a public hearing was held before the City of McHenry Zoning Board
of Appeals on the requested zoning classification of said parcel
and the recommendation made by the Zoning Board of Appeals was
submitted to the Corporate Authorities; and
WHEREAS, no part of Parcel is located within any public
library district; and
WHEREAS, Parcel is located within the McHenry Fire
Protection District, the trustees of which have been given proper
notice of the proposed annexation and of all public hearings with
respect to the Annexation Agreement and proposed ordinances and
amendments pursuant to Chapter 24, Section 7-'1-1, Illinois Revised
Statutes, as amended; and
WHEREAS, the McHenry Township Commissioner of Highways
and the Board of Town Auditors of McHenry Township have been given
proper notice of the proposed annexation.
NOW, THEREFORE, for and in consideration of the mutual
promises and agreements contained herein, it is hereby agreed by
and between the parties hereto, as follows:
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1. That the representations and recitals set forth in
the foregoing preamble are material to this Agreement and the
parties hereby confirm and declare their truth and validity,
and hereby incorporate such representations and recitals into this
Agreement.
2. 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);
that said statutory provisions provide for annexation agreements to
be entered into between private citizens and/or corporations 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, (Chapter 24, Illinois Revised Statutes,
1975) in regard to publication and notice have been met prior to
the date of this Agreement.
3. That this Agreement is entered into after public
hearings before the Corporate Authorities and the Zoning Board of
Appeals of the City of McHenry in accordance with the provisions
of the aforesaid Statutes of the State of Illinois and the City
of McHenry Zoning Ordinance.
4. That the purpose of this Agreement is to provide for
annexation of Parcel to the City of McHenry, Illinois, upon
certain conditions hereinafter described in this Agreement.
5. That the Owner, immediately upon execution of this Agreement,
will file with the City Clerk of the City of McHenry, a proper
Petition or Petitions conditioned on the terms and provisions of
this Agreement to annex said Parcel heretofore described to the
City of McHenry.
6. The Corporate Authorities,immediately upon execution of this
Agreement, and upon the filing of a proper Petition or Petitions
by the Owner as hereinabove provided, shall enact an Ordinance
annexing the aforedescribed Parcel which includes all adjacent
streets or highways as required by law.
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0
7. That immediately upon the annexation of said
Parcel, the City agrees to enact an Ordinance or Ordinances
amending the "City of McHenry Zoning Ordinance, as amended"
so as to classify said aforementioned Parcel to "I-1" -Heavy
Industrial District and to further amend or vary said Zoning
Ordinance in the particulars set forth in Exhibit "A"
attached hereto and made a part hereof.
8. City represents and warrants that Owner shall
be permitted to tap
on to
a municipal water
main if and when
said main exists at
a point on or contiguous to the boundary
of Parcel, and City
shall
waive all water tap
on fees and "Water Capital
Development fees" relative to
building now existing
on the Parcel.
City further agrees
that
Owner may use for
the term of this
Agreement the water
well
serving the Parcel
in whole or in
part in conjunction
with
the City water.
9. The City agrees to permit Owner to retain,
repair, improve or substitute approved septic tanks or
holding tank system for sanitary use in any existing building
and facilities to be constructed. It is understood that
these tanks will be abandoned and permanently filled in
accordance with approved procedures when sanitary sewers are
extended to a point on or contiguous to the boundary of
Parcel.
10. It is agreed and understood 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
by the parties that the successful consummation of this
Agreement requires their continued cooperation.
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11. This Agreement shall be binding upon the parties
hereto, their respective successor, grantees or 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 the annexation of the Owner's real
estate or the terms of this Agreement are challenged in any court,
the period of time during which such litigation is pending shall
not be included in the calculation of said ten (10) year term.
12. If any provision of this Agreement is declared
invalid or illegal, the remainder of the Agreement shall not be
effective thereby.
IN WITNESS WHEREOF, the Corporate Authorities, and the
Owner 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, allon the day and year
first written above.
ATTEST:
City Clerk
( SEAL)
ATTEST:
CITY OF MCHENRY
✓/i /'i 10/Z Its 'Mayor
MCHENRY STATE BANK, AS TRUSTEE
UNDER THE PROVISIONS OF A TRUST
AGREEMENT DATED THE 11TH DAY OF
DECEMBER, 1974, AND KNOWN AS
TRUST NO. 726
BY:
V/1/":- n` r •, •i- .mil �- ^:..
ITS:-
(SEAL)
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EXHIBIT "A"
Pursuant to Paragraph 7 of the Annexation Agreement,
of which this Exhibit "A" is a part, the City of McHenry
Zoning Ordinance, as amended, shall be varied so as to allow
for the following "variations."
1. Article XIV. "I-l" - Heavy Industrial District
Section E. Area Regulations is hereby varied so as to
provide a thirty-eight (38) feet set back from the right-of-
way line of any road upon which a building fronts or abuts,
rather than a forty (40) feet requirement, only as to that
portion of the existing building located on that part of
"Parcel" described as Lot 5 of Sherman Hill Industrial
Subdivision, being a Subdivision of part of the Northwest
Quarter of Section 28, Township 45 North, Range 8 East of
the Third Principal Meridian, according to the Plat thereof
recorded July 12, 1961 as Document No. 388438, as amended by
Certificate recorded August 14, 1961 as Document No. 390006,
in McHenry County, Illinois.
2. Article XIV. "I-1" - Heavy Industrial District
Section E. Area Regulations is hereby further varied so as
to provide a minimum westerly side yard of 3.5 feet rather
than a 15 feet minimum requirement as to that portion of
Parcel located immediately to the west of the existing
structure located on Parcel.
3. Article XIV. "I-1" - Heavy Industrial District
Section G. Road Development and Parking Regulations is
hereby varied so as to allow development of Parcel by alteration,
repair, or addition without requiring road improvement of
Hill Street nor those requirements or improvements as set
forth under Article XIII - Industrial Park District, Paragraph
E5 with the stipulation that in the event Hill Street
is extended or improved by the City of McHenry, the then
owner of Parcel within a reasonable period of time shall
pay the entire cost as -then determined by the City of McHenry
applicable to improving 500 of roadway immediately adjacent to Parcel.
4. Article XVI. Off -Street Parking and Loading,
Paragraph A. Off -Street Parking is hereby varied so as to
permit the following:
A. Parking spaces and access driveways to
be of compact gravel construction rather than paved or other-
wise surfaced with an all-weather, dust -proof material; and
B. Driveway connecting from the curb line to
the property line to be paved with other than concrete or
asphaltic material; and
C. At such time that Hill Street is improved
then the variations granted at Paragraph A and B above shall
lapse.
IDENTIFIED:
CITY OF McHENRY
•
OWNERS:
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