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
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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.
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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)
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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.
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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.
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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
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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.
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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
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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.
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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' .
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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,
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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�
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