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HomeMy WebLinkAboutOrdinances - O-79-188 - 06/18/1979 - AUTHORIZE EXECUTION ANNEX AGMTRECEIVED AN ORDINANCE AUTHORIZING THE EXECUTION J U N i 197� OF AN ANNEXATION AGREEMENT gg p� pp 4E i ar NpC-1111EC .127 ADOPTED BY THE CITY COUNCIL OF THE CITY OF McH NRY THIS J_ DAY OF , 1979 ORDINANCE NO. 0-79-188 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT WHEREAS, it is in the best interests of the City of McHenry, McHenry County, Illinois, that a certain Annexation Agreement pertaining to the territory hereinafter described be entered into; WHEREAS, a copy of said Annexation Agreement con- sisting of 8 pages is attached hereto and incorporated herein; WHEREAS, the Contract Purchasers and the legal owners of record of the territory which is the subject of said agreement are ready, willing and able to enter into said agreement and to perform the obligations as required hereunder; 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 and amendment to an Annexation Agreement have been fully cpmplied with; and WHEREAS, all notices and hearings required by law have been given; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: THAT the recitals in the preamble above are hereby adopted as the findings of the corporate authorities of the City of McHenry as though fully set forth herein. SECTION 2: That the Mayor be and he is hereby authorized and directed to execute, and the City Clerk is directed to attest, the said document attached hereto and entitled "Annexation Agreement" for the annexation as to the territory hereinafter described, to wit: The Southeast Quarter of the Northeast Quarter (except the West 30 acres thereof) in Section 3, Township 44 North, Range 8, East of the Third Principal Meridian, in McHenry County, Illinois; Also included by operation of law in the Annexation is all that portion of Bull Valley Road South of and adjacent to TRACT. SECTION 3: That this Ordinance shall be in full force and effect from and after its passage and approval according to law. AYES: Nolan, Pepping, Datz, Harker, Adams, Wieser, Schooley, Meurer NAYS: None ABSENT: None PASSED ON ROLL CALL VOTE and APPROVED this th day of Ult,Aff , 1979. ATTEST: City Clerk -2- ANNEXATION AGREEMENT THIS AGREEMENT, made and entered into this /-2� day of Jd Af 6' , A.D. 1979, by and between the CITY OF McHENRY, ILLINOIS (hereinafter referred to as the "City"), by and through its Mayor and the members of its City Council (here- inafter referred to collectively as the "Corporate Authorities"), and HAROLD MORRIS, of McHenry, Illinois, ARTHUR C. MORRIS, of Crystal Lake, Illinois, ELSIE A. MUNSON, of McHenry, Illinois, WALTER T. MORRIS, of Round Lake, Illinois, SHIRLEY JEAN CASSENS, of McHenry, Illinois, VIVIAN PETERSON, of Algonquin, Illinois, BEVERLY M. CHAPPEL, of Garden Prairie, Illinois, and WALTER T. MORRIS, as Executor of the Estate of Marie B. Morris (hereinafter referred to collectively as the "Owners"), and DAVID EVANS and ARTHUR J. KEEVIL (hereinafter collectively called "Contract Pur- chasers"). WITNESSETH: WHEREAS, Owners are the Owners of record of certain real estate, the legal description of which is as follows: The Southeast Quarter of the 1-14ortheast Quarter (except the West 30 acres thereof) in Section 3, Township 44 North, Range 8 East of the Third Principal Meridian, in McHenry County, Illinois (which real estate is hereinafter referred to in its entirety as "Tract"-). Also included by operation of law in the Annexation and Tract is all that part of Bull Valley Road lying South of and adjacent to Tract. WHEREAS, Tract is contiguous to the corporate limits of the City of McHenry; and WHEREAS, Tract constitutes territory which is contiguous to and may be annexed to the City of McHenry, as provided in Article 7 of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes, 1977) on a Petition signed by all the owners of record and 51% of the electors residing thereon. -1- WHEREAS, the Corporate Authorities of City, after due and careful consideration, have concluded that the annexa- tion of said real estate to the City on 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 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, 1977) a proposed annexation agreement was submitted to the Corporate Authorities and public hearings were held thereon pursuant to laws; and WHEREAS, all Notices and hearings whether required by statute, ordinance of rules, have been duly given and held pertaining to this Agreement and the Annexation of TRACT; WHEREAS, the Owners desire to have said TRACT annexed to the City of McHenry upon certain terms and conditions herein- after set forth; and WHEREAS, Contract Purchasers have entered into a contract to acquire TRACT contingent upon the obtaining of zoning of TRACT to permit an automotive repair business. 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 accor- dance with the provisions of Section 11-15.1-1, et seq., of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes, 1977). 2. The Owners have filed with the City Clerk a proper petition conditioned on the terms and provisions of this Agree- ment, to annex TRACT to the City of McHenry. 3. City represents that the zoning classification in which TRACT can be placed for the purposes requested by Owner and Contract Purchasers is identified as ARTICLE XI, B-3 -2- "Commercial District".* Upon the execution of the Agreement, the Corporate Authorities shall duly enact and publish an ordinance classifying the TRACT to ARTICLE XI, "B-3 Commercial District"* for the purpose of permitting the erection and operation thereon of an Automotive Service Center, which shall engage in the repair of automotive vehicles, sale of automotive parts (tires, batteries, any other automotive parts and similar products) and similar or related uses, and any other permitted use under the B-3 category. The zoning classification for TRACT,however, shall be subject to the conditions herein specially set forth: A. No used parts shall be sold on TRACT. B. The TRACT shall not be used for dismantling vehicles; vehicles shall not be, in the vernacular, "cannibalized" for parts on the TRACT. C. Damaged vehicles may be stored on the TRACT after: (1) written application to the Building Inspector accompanied by a detailed site plan providing for reasonable screening of cars (through landscaping, fences or other screening devices - i.e., grassed berms, etc.); and (2) approval of such plan by the City Council. In any event, any one damaged vehicle shall not be stored for a period in excess of thirty (30) days. As part of any application for a building permit to erect the Automotive Service Center herein referred to, the following shall be filed with the Building Inspector: (1) Plans showing substantial compliance with the exhibits referred to in paragraph 4 hereafter; (2) a site plan approved by the City Engineer as to surface water drainage features; approval shall not be unreasonably withheld by the City Engineer. *in the amended Zoning Ordinance of the City of McHenry -3- 4. The building and landscaping thereon shall be substantially in accordance with Petitioner's* exhibits filed at the proceeding before the Zoning Board of Appeals and in- corporated herein by reference. S. City agrees that TRACT may be developed with individual well and septic system, in accordance with Code. When City water and sewer has been installed abutting the TRACT and is in operation, then TRACT shall be connected to such water and sewer lines within twelve (12) months from the date such sewer and water lines become operational. 6. There shall be no "freeze" on City ordinances as they apply to TRACT during the period of this Agreement except as follows: City shall not amend its zoning ordinance so as to interfere with and/or disrupt the uses herein granted. 7. It is understood and agreed 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 con- tinued cooperation. 8. Fees or Charges: Increases. There shall be no "freeze" during the period of this Agreement as to the amount of permit fees, inspection fees, plan review fees, license fees, or any other fees imposed by the City which are applicable to *Contract Purchasers -4- RECEIVED JUN 181979 CITY Of McriENRY or required to be paid by the Owner or any Developer, Contract Purchaser (as applicable), operators or occupants of, or contractors, sub -contractors, materialmen or others performing the work or supplying materials in connection with work on any part of the TRACT described herein. 9. Special Conditions: The existing home on TRACT may continue to be occupied for residential purposes (as a legal nonconforming use) until removal or demolition of existing concrete building is commenced, at which time removal or demolition of the existing house shall also be commenced (and completed as expedi- tiously as reasonably possible; rubble from its demolition shall be removed from TRACT within twenty-one (21) days after it is demolished). The new building on the TRACT shall be commenced to be erected within two (2) years from the date of this Agreement and it shall be substantially completed within three (3) years from the date of this Agreement. The existing concrete building may be used for any permitted uses in the B-3 category until on or before construction on the new building is commenced (at or before which time it shall be removed or demolished as expeditiously as reasonably possible). When the existing concrete building is demolished, all rubble from its demolition shall be removed from the TRACT within twenty-one (21) days after it is demolished. 10. It is further agreed that should any existing ordinances affecting the development of the TRACT within the City be amended or modified in any manner to impose less re- strictive requirements upon construction, the benefit of such less restrictive requirements shall inure to the Owner, or their successors,* and the Owner, or their successors,* may elect to proceed with respect to the development of the TRACT under the terms of the ordinances as they exist on the effective date of this Agreement as modified hereunder, or upon the arndment or r *i.e., Contract Purchasers � modification applicable generally to all property within the City. 11. The City agrees to enact such ordinances and such resolutions as are or may be necessary to effect the terms of this Agreement. 12. This Agreement shall be valid and binding for a period of ten (10) years after the date of execution hereof, and any extended time that may be agreed to by amendments, and may be amended from time to time with the consent of both parties, pursuant to statute in such case made and provided. 13. This Agreement shall be enforceable in any court of competent jurisdiction by either of the parties or by any appropriate action at law or in equity to secure the performance of the covenants and agreements herein contained. 14. If any provision of this Agreement is held to be invalid by any court of competent jurisdiction, such provision shall be deemed to be excised therefrom and the invalidity thereof shall not affect any of the other pro- visions contained therein. It is understood and agreed by and between the parties hereto that the consideration for this Agreement is the firm establishment for the term hereof of the respective rights, obligations and powers of the parties. Although the parties to this Agreement may waive or modify the terms and conditions hereof, in accordance with statute, it is deemed of the essence herein that absent such voluntary waiver or modification, none of the parties shall seek to work a change or modification hereof by resort to litigation or court action. 0M. 15. This Agreement shall inure to the benefit of and be binding upon the successors in title, assigns of Owner, and Contract Purchasers, and each of them, and upon successor corporate authorities and successor municipalities of the City. It is recognized by the parties hereto that there are obligations and commitments set forth herein which are to be performed and provided for by the Contract Purchasers and not by the Owner. The City agrees that the Owner as such is exculpated from any personal liability or obligation to perform the commitments and obligations set forth herein and that the City will look solely to the Contract Purchasers for such performance, except that to the extend that the Owner or successor thereto shall become a developer, then in that case, the Owner or the new designee shall be subject to the liabilities, commitments and obligations of this Agreement. 16. Contract Purchasers agree to reimburse City for all costs incurred by City in considering this Pre - Annexation Agreement, including but not limited to ' engineering, attorneys' and Planning Consultant fees, and the cost of engineering studies and such other costs and expenses included within the scope of the City's Retained Personnel Ordinance, to be performed hereunder. The City of McHenry has executed and affixed its seal to this Agreement pursuant to proper ordinance made, seconded and legally passed on the 1,ST_h day of J(J Al 1979, which ordinance authorized and directed the Mayor and City Clerk to do so. in the event the contract with Contract Purchasers is law- fully terminated and Owners succeed to their position -7- IN WITNESS WHEREOF, Owners and Contract Purchasers have set their hands and seals to these presents the day and year first above written. ATTEST: City Clerk [SEAL[ HAR ,D MO RI ELSIE A. MUNSON i r SHIRLEY'JEAN CASSENS BEVERLY M. CHAPPEL Contract Purchasers: DAVID EVANS ARTHUR C. MORRIS WALTER T. MORRIS VIVIAN PETERSON WALTER T. MORRIS, as Executor of the Estate of Marie B. Morris