Loading...
HomeMy WebLinkAboutOrdinances - O-79-184 - 05/07/1979 - APPROVE ANNEX AGMT BAUERORDINANCE NO. 0-79-184 AN ORDINANCE PROVIDING FOR THE APPROVAL OF A PROPOSED ANNEXATION AGREEMENT DATED MAY 7, 1979, AS AMENDED, BETWEEN THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS AND BERNARD BAUER AND CATHERINE M. BAUER, HIS WIFE, AND BOONE VALLEY DEVELOPMENT COMPANY, AN ILLINOIS CORPORATION WHEREAS, BERNARD BAUER is the record owner of certain parcels of real estate located on the east side of Green Street approximately one -quarter mile south of Fairway Drive in McHenry Township, McHenry County, Illinois and CATHERINE M. BAUER is his wife; and WHEREAS, BOONE VALLEY DEVELOPMENT COMPANY is the contingent contract purchaser of the premises fully described as Parcel 2 in the Annexation Agreement attached hereto and made a part hereof as "Exhibit A"; and WHEREAS, said real estate is contiguous to the 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 published in the City, within the time provided by law, notifying the public of a hearing on said proposed Annexation Agreement dated May 7, 1979, as amended, to be held before the Corporate Authorities of the City of McHenry, McHenry County, Illinois; 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 Annexation 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 dated May 7, 1979, by and between the City of McHenry, a Municipal Corporation in the State of Illinois, BERNARD BAUER and CATHERINE M. BAUER, his wife, and BOONE VALLEY DEVELOPMENT COMPANY, 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 reference 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 Ordinance No. 0-79-154 and shall be in full force and effect immediately 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 7th day of May, 1979. AYES: Nolan, Penning, Datz Harker, Adams, Wieser, Schooley, Meurer NAYS: N ABSENT: None ATTEST: O City Clerk - 2 - ANNEXATION AGREEMENT This Agreement made and entered into this fH day of AIA Y , 1979, by and between the CITY OF McHENRY, a Municipal Corporation of 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 BERNARD BAUER and CATHERINE M. BAUER, his wife, (hereinafter referred to as "OWNER:-,", and BOONE VALLEY DEVELOPMENT COMPANY, an Illinois corporation, (hereinafter referred to as "DEVELOPER"). WITNESSETH: WHEREAS, BERNARD BAUER is the fee simple owner of record of that real estate which is fully described in paragraph 5 hereof, said real estate being contiguous to the corporate lirnil,: of the City of McHenry; and WHEREAS, BOONE VALLEY DEVELOPMENT COMPANY is the contliil,;(,! contract purchaser of the premises fully described as Parcel 2 in paragraph 5 hereof; and WHEREAS, said real estate constitutes territory which i;; 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, 1977); and WHEREAS, the OWNERS and DEVELOPER desire to have said real estate annexed to the City of McHenry upon certain terms and conditions herein set forth; and WHEREAS, the CORPORATE AUTHORITIES after due and careful consideration have concluded that the annexation of the real est,,11." to the CITY, under the terms and conditions as 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 interests of the CITY and its inhabitants; and WHEREAS, the OWNERS and DEVELOPER do not, by this agreement, seek the amendment of any ordinance of the CITY relating to subdivision controls, the official plan, or buildinc, housing 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, 1977), 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 proper notice, as provided by the statutes of the State of Illinois; FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS HEREEl CONTAINED, IT IS AGREED AS FOLLOWS: 1. This Agreement is made pursuant to and in accord�ii,c( with the provisions of Section 11-15.1-1, et. seq., of the Municipal Code, (Chapter 24, Illinois Revised Statutes, 1977); lh;,t said statutory provisions provide for annexation agreements to he entered into by the owner of record and municipalities; that; alJ of the requirements of the Illinois Revised Statutes and, specific.,_ Section 7-1-1 and Section 11-15.1-1, et. seq., of the Illinois Municipal Code in regard to publication and notice have been met; jw''i' to the date fixed for the hearing on the proposed agreement. 2. This Agreement is entered into after a public heariii�- before the CORPORATE AUTHORITIES of the City of McHenry, which hearing was held on the 18th day of April, 1979, in accordance vjl ,� the provisions of the aforesaid statutes of the State of Illinois. - 2 - 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 and DEVELOPER have heretofore filed with the City Clerk of the City of McHenry a proper Peti- tion for Annexation conditioned upon the terms and provisions of an agreement to annex the real estate described in paragraph 5i 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 roads or highways as required by law: Parcel One That part of the South Half of the Southeast Quarter of Section 35, Township 45 North, Range 8, East of the 3rd P.M., described a., follows: Beginning at the Northeast corner of Lot 7, in Block 4 of Country Club Estates Unit 1, as recorded by Document 314307; thence South along the West line of said Lot '%, 20.15 feet, to a point; thence East, 303.5 feet, more or less, to the Southwest corner of Lot 2 in Block 8 of Country Club Estates Unit 3, as re- corded by Document 454599; thence North along the West line of said Lot 2, 140 feet, to the Northwest corner thereof; thence West alonf; a prolongation of the North line of said Lot 2, 55.0 feet, to a point; thence North parallel to the West line of Lot 1 in Block 8 in said Country Club Estates Unit 3, 179.0 feel;, more or less, to the South line of Fairway Drive as recorded in said Country Club Estates Unit 1; thence Northwesterly along the Southerly line of said Fairway Drive 442.78 feet, more or less, to the West line of said Southeast Quarter of Section 35; thence South along the West line of the Southeast Quarter of )cction 35, 380.04 feet, more or less, to the point of intersection of the North line of Bloch. 11 in said Country Club Estates Unit 3 and said West line of the Southeast Quarter; thence East, 190.81 feet, more or less, to the place of beginning, all situated in McHenry County, Illinois. (Containing 3.86 acres, more or less) - 3 - Parcel Two That part of the South half of the Southeast Quarter of Section 35, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the Southeast corner of said Section 35; thence West along the South line of said Section 35, 2637.75 feet, more or less, to the Southwest corner of said Southeast Quarter of Section ? ; thence North along the West line of said Southeast Quarter of Section 35, 168.65 feet-,, more or less, to a point that is an ntersr ct:_�_:i of the South line of Lot 1 in Block 4 of Country Club Estates Unit 1, as recorded October 17, 1956 as Document 314307, extelvlcr d West to said West line of the Southeast QuirLe)� of Section 35: thence East along said South line, 194.84 feet, more or less, to the Southeast corner of said Lot 1, Block 4 J.n Country Club Estates; thence North along the East line of said Block 4 to the Northeast; corner of Lot 5 in said Block 4; thence Nc)rt.h along the East line of Lots 6 and 7 in sa:11 (i Block 4 of Country Club Estates Unit 1 to a point that is 20.15 feet South or the Northeast corner of Lot 7 in said Block 4; thence Enst 303.5 feet, more or less, to the Southwest corner of Lot 2 in Block 8 in Country Club Estates Unit 3 as recorded by Document; No. 454599; thence continuing East alone; tho South line of said Lot 2, 156 feet, to the Southeast corner thereof; thence South alolir the West line of Linda Road, 200 feet, moi,e or less, to the most Southwesterly corner of Linda Road as recorded in Country Club Estate; Unit 2 as Document No. 340720; thence lust along the South line of Blocks 6 and 7, in said Country Club Estates Unit 2, 1778.93 fc�t more or less, to the Southeast corner of Lot; I()in Block 7; thence South along a prolongatinii of the East line of said Lot 10, 30 feet, to point; thence East 203.96 feet, to the South(,.i:•t; corner of Lot 5 in Block 5 in said Country Cltih Estates Unit 2, and also the East line of Section 35; thence South along the East line of Section 35, 620.83 feet, more or less, to the point of beginning, all in McHenry County, Tllitwi: 6. That the above described Parcel One will be classified "R-1" Single Family District within the meaning of th- City of McHenry's Comprehensive Zoning Ordinance upon its annexation by the City of McHenry and the above described Parcel Two will be classified "R-3" Single Family District within the meaning; of the City of McHenry's Comprehensive Zoning Ordinance upon its annexation by the City of McHenry. - 4 - 7. That said real estate which is the subject of this Annexation Agreement is now under the jurisdiction of the County of McHenry and is presently classified "R" Residence District within the meaning of the County of McHenry Zoning Ordinance. 8. That immediately upon annexation of the herein�il)ov described real estate to the City of McHenry, the CORPORATE AUTHORITIES shall adopt an ordinance, or ordinances, to provide that the subject real estate be classified in accordance with paragraph 6 hereof. 9. That it is understood and agreed between 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 sub,je(!I. matter hereof; it is further understood and agreed between the parties that the successful consummation of this Agreement requii,c,.- their continued cooperation. 10. The OWNERS and DEVELOPERS shall provide such easement, or easements, as shall be required for the installation of municipal facilities, and in such locations as are designated and approved by the City Council. 11. OWNER agrees to dedicate from Parcel 1 and .DEVELOPER agrees to dedicate from Parcel 2 such additional right- of-way for Green Street as the City Council may request on or before final plating of Parcel 2. 12. The DEVELOPER agrees to cause to be constructed, at its sole expense, sanitary sewer facilities within Parcel 2 of the premises to be annexed; and it is further agreed that such extension of sanitary sewer service shall be upon easements dedicrji-f, for such purpose and shall be in compliance with the requirement:, (•i' the City Council. - 5 - 13. CITY and DEVELOPER understand and apree that a portion of the sanitary sewer main located on Green Street from James Street on the North, extending South to the first manhole South of Kane Avenue, is currently insufficient in capacity to service the parcels to be annexed hereunder. CITY and DEVELOPER agree to cause to be constructed such new and additional sanitary sewer main, between the aforementioned locations, at such size. r�nl grade, so that the total capacity of the old and new mains combi1,-d shall approximate 800 gallons per minute, being the approximate present capacity of the 8" sewer main between the first manhole South of. Kane Avenue and Clover Avenue. CITY agrees to pay to DEVELOPER, within thirty (30) days of completion and acceptance i)-: the CITY, an amount equal to twenty-eight (28%) percent of such c :, but in no event to exceed the sum of TWENTY-FIVE THOUSAND ($25,00f).(, DOLLARS. 14. CITY agrees DEVELOPER may commence construction Of' models and single family housing units prior to completion or' t:li­ construction of the Green Street sewer main, referred to in parr . 13 above, upon posting, by the DEVELOPER with the CITY, of are irrevocable Letter of Credit, in amount, not to exceed one hu,i6i,-i fifty (150%) percent of the DEVELOPER's cost of such improvement... No occupancy permits for any residence will be issued until all public improvements servicing such individual residence shall h,�vr, been accepted by the CITY. 15. CITY and DEVELOPER agree that it is necessary t;n construct a lift station and force main of good engineering; d� i and acceptable to the CITY to service the 39± acres to be an>>ox-d hereunder, the approximate 60.12 acres contiguous to the south sin:1 in Nunda Township, the CITY owned water treatment plant West; or Green Street and Country Club Estates Units 1, 2 and 3. Any oversizing of such lift station and force main, required by thn crr. to service any properties, other than the aforementioned, shall r paid for by the CITY, within thirty (30) days of completion anct acceptance by the CITY. CITY agrees to enter into a Recapture — 6 — Agreement with DEVELOPER pursuant to Section 9-5-1, et. seq., n(' the Illinois Municipal Code, in order to reimburse DEVELOPER For its costs incurred as a result of any oversizing of the aforemertir), lift station and force main to benefit Country Club Estates Units 1, 2 and 3. 16. DEVELOPER agrees to make an extraordinary contrihul,i, , in addition to all annexation fees and all other charges redui_r—,i W, any Ordinance, to the CITY OF McHENRY, for park purposes, of Ynr;,t,y THOUSAND ($40,000.00) DOLLARS, or FOUR HUNnRED ($400.00) DOLLAR,, per lot, whichever is greater. DEVELOPER agrees to pay one-half (,F said extraordinary contribution at the time of final. Plat; aprrnwi i and the balance one year from the date thereof. The foregoini- extraordinary contribution is not to be construed as a prepayment n any developer contribution fee required by the Subdivision Contl'ol Ordinance, but is in addition thereto. 17. It is not the intent of the parties to this Af-reein­i)i to "freeze" any fees now or hereafter required by the CITY in connection with building permits, inspection fees, sewer and wni.(�i- tap on, capital development fees, developers' donations, or -iny Wii, fees or charges having to do with the development of the prern=i ;;(,,-. , nor is it the intent of this Agreement to grant any variance t;n t.li­ OWNERS with regard to the premises herein described, from the terms and provisions of any ordinance or regulation of the CITY. 18. At the time that sanitary sewer mains are inst;:il'1r 1 in parcel 2 aforesaid, DEVELOPER also agrees to install a snit.-ii­v sewer main to service Lots 1 to 7 in Block 4 of Country Club Unit Number 1, subject to approval of City Council; such inst�jl l i. i shall be at the DEVELOPER's sole expense and shall not be subJ(,ct. i any recapture by DEVELOPER. 19. DEVELOPER shall, upon request, pay and reimburr;(, the CITY for any and all Council and Administrative expenses niid costs and for any and all fees, salaries or compensations incurr-0 and charged to the CITY by the retained personnel of the CITY 'hi connection with the proposed annexation to the CITY. - 7 - 20. As a result of this annexation proceeding it has been determined by CITY, DEVELOPER and OWNER that in order to effectuate the construction of the public improvement;, set forth in paragraphs 13 and 15 hereof, and to provide the CITY with other valuable considerations, it is in the best interests of the parties hereto, to immediately proceed with the annexation, zoning and development of the following described property, That part of Lot 2 of the Northeast Quarto Section 2, Township 44 North, Rarig,e 8, bast" the 3rd. P.M., described as follow,,-,: bef, i rin 1 m, at a point in the North line of .said Lot l . „ feet East of the Northwest corner th(,rcol-; t,h East along said North line, 2570.5)1 f_'eot, 111()i'­ less, to the Northeast corner thercof; tlicrnc•c South along the East line of said Lot 2, feet, more or less, to the Southeast corner thereof; thence West along the South line oT' Lot 2, 1694.31 feet, more or less, to the corner of a tract conveyed to Robert Knox oiii, lst., 1924, as recorded in Book 169 of Dec(ir;, 258; thence North along the East line of 933•39 feet, to the Northeast corner therf,oI'; West along the North line of said tract, 6O:'. I'� more or less, to a point being upon the cant­i-i. a public highway that is 71.2 feet l"nst o]' t.ii Northwest corner of said tract; thence Nor1.h <'r feet, more or less, along said centerline, to point of beginning, all situated in McHenry rniii, Illinois, being approximately 60.12 acres of undeveloped land abutting; r+ii(l adjoining the property described as parcel 2 in paragraph 5 fjej•,­1 on its Southern boundary. The CITY has requested and DEVELOPER and Ol• HI-' ; agree to immediately file with CITY and process with di]"igen(•(•, the appropriate Petition for Annexation, Annexation Agreement, -,wi Petition for Zoning of such premises. Such annexation and ;",oii i i,, shall be in compliance with all statutes of the State of T11.i,i and ordinances of the CITY OF McHENRY . It is herein that the costs to be incurred by DEVELOPER and benefits to b(, derived by the CITY, pursuant to paragraphs 13 and 15 hereof' be solely amortized against the property to be annexed her�uii but will in fact require the additional premises contcnipl d,­(1 ,I, this paragraph 19. Further, it has been determined tliat it 1 i, the best interests of the CITY to obtain a grant of perpetual - 8 - easement for sanitary sewer premises across the property descj,il)-o in this paragraph 19. DEVELOPER and OWNER agree to grant to th(, CITY, without charge or cost, such perpetual sanitary sewer easement in the general location of the natural Swale running; in Northwest to Southeast direction across the premises. Such easement shall be a forty (40) foot wide permanent easement Ftnc1 an additional twenty (20) foot wide temporary easement abuttilil- thereto for construction purposes and shall be subject to the approval of the City Council. At the time of granting said easement, DI;VF1,O,'i-'.i and OWNER shall provide, at their expense, a staked siii°vey by a registered Illinois surveyor and a title insuranc(- po.lic,y guaranteeing free and clear title in CITY, in an amount of F[Vi,, THOUSAND ($5,000.00) DOLLARS. Said easement shall be granted ;d. the time of final plat approval of the premises describecl in thi. paragraph or December 31, 1981, whichever is earlier. 21. This Agreement is binding upon the partie., herein, and their respective successors and assigns, for a fuii period of ten (10) years commencing as of the date hereof, as provided by statute and to the extent permitted thereby. 22. It is further agreed that in the event the annexation of the subject property shall be challenged by third parties in any way, in any other proceedings, the perin(] of time during which such litigation is pending shall not be included in the calculation of the aforesaid ten (10) year peri()(l. 23. OWNERS agree that no representations, warranties, promises or agreements have been made regaruirnf; the adequacy, availability or reservation of any municipal sanitary sewer and municipal water services to the premises in question. - 9 - 24. If any provision of this Agreement is declared invalid or illegal, the remainder of the Agreement shall not be effected thereby. 25. The covenants and agreements contained here:ii, shall be deemed to be covenants running with the land duri nf; i;lic, term of this Agreement and shall inure to the benefit of an(i tic binding upon the heirs, successors and assigns of the parties, including the CITY, its CORPORATE AUTHORITIES and their succe,,:-,,• in office, and shall be enforceable by order of Court pursuant :its provisions and the applicable statutes of the State of 171i� IN WITNESS WHEREOF, the CITY, OWNERS, and DEVI;I,01TI.1; have hereunto set their hands and seals, and have caused tiii,3 :instrument to be executed and the corporate seals of each affi>.t,(i. all on the date first above written. CITY OF McHENRY BY: Mayor ATTEST: City Clerk (SEAL) ,APPROVED AS TO FORM: c r City Attorney STATE OF ILLINOIS ) ) SS COUNTY OF McHENRY ) I, the undersigned, a Notary Public in and for th, County and State aforesaid, DO HEREBY CERTIFY that JOSEPH L' . - 10 - and BARBARA E. GILPIN, personally known to me to be the Ma,yor,�md City Clerk, respectively, of the CITY OF McHENRY, and leer son,'illy known to me to be the same persons whose names are sub;;cr:ibcd l;u the foregoing instrument, appeared before me this day :i_ri pevroii and severally acknowledged that they signed and delivered sai,7 instrument as such Mayor and City Clerk of said Corporation, rui,_i caused the Corporate Seal of said Corporation to be affixed thereto pursuant to the authority, given by the City Counc:il 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. JW /T- 1 Notar Pub My Commission expires: �. /MM"FRIVIny""Wo'Al. - -E B ,RNARD b 11,;R CATHERINE M. BAUER STATE OF ILLINOIS ) ) SS COUNTY OF McHENRY ) I, the undersigned, a Notary Public in and for I.1,, County and State aforesaid, DO HEREBY CERTIFY that BERNARD L'/111il; and CATHERINE M. BAUER, his wife, personally known to me to hf, i,h- same persons whose names are subscribed to the foregoinj; in ;t� uii i appeared before me this day in person and severally acicnow:l edi�(,(; that they signed and delivered said instrument as their free a)1�1 voluntary act for the uses and purposes therein set forth. Notary Public My Commission expires: BOONE VALLEY DEVELOPMENT an Illinois corporation BY: — Its President ATTEST: (SEAL) STATE OF ILLINOIS ) ) SS COUNTY OF McHENRY ) I, the undersigned, a Notary Public in and for thkl, County and State aforesaid, DO HEREBY CERTIFY that the above named DAVID A. LADD and ROBERT S. ROBINSON, respectivel-y President and Secretary of BOONE VALLEY DEVELOPMENT CW111ANY, personally known to me to be the same persons whose names arc, subscribed to the foregoing instrument as such President and Secretary, respective, appeared before me this day in person u severally acknowledged that they signed and delivered said instrument as their own free and voluntary act of said Corporal. iw ii, - 12 - for the uses and purposes therein set forth and that saki Secretary then and there acknowledged that Secretary, no Custodian of the Corporate Seal of said Corporation, caused Corporate Seal of said Corporation to be affixed to said instrument as said Secretary's own free and voluntary act onci as the free and voluntary act of the Corporation for the uses purposes therein set forth. My Commission expires: / b P� - 13 -