Loading...
HomeMy WebLinkAboutOrdinances - O-79-189 - 06/25/1979 - AUTHORIZE ANNEX AGMT EAST SIDE OF GREEN ST SPUTH ORECEIVED OP.DTNANCE NO. 0-79-189 JUN 2 51979 CITY, Of McHENRY AN ORDINANCE PROVIDING FOR THE APPROVAL OF A PROPOSED ANNEXATION AGREEMENT DATED JUNE 25, 1979, AS AMENDED, BETWEEN THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS AND McHENRY STATE BANK, AS TRUSTEE UNDER TRUST AGREE- MENT DATED MAY u, 1979, ALSO KNOWN AS TRUST #1782, AND McHENRY STATE BATIK, AS TRUSTEE UNDER TRUST AGREEMENT DATED APRIL 30, 1979, ALSO KNOWN AS TRUST #1767 WHEREAS, McHENRY STATE BANK, AS TRUSTEE UNDER TRUST AGREEMENT DATED MAY 43 1979, ALSO KNOWN AS TRUST #1782, is the record owner of a certain parcel of real estate located on the east side of Green Street approximately one-third mile south of Fairway Drive in Nunda Township, McHenry County, Illinois; and WHEREAS, McHENRY STATE BANK, AS TRUSTEE UNDER TRUST AGREE- TIENT DATED APRIL 30, 1979, ALSO KNOWN AS TRUST #1767, is the op- tion purchaser of the premises fully described in the Annexation Agreement attached hereto and made a part hereof as "Exhibit A". and ?ATHEREAS, 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, notifyinV the public of a hearing on said proposed Annexation Agreement dated June 25, 1979, as amended, to be held before the Corporate Authorities of the City of McHenry, McHenry County, Tllinois; 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, Tllinois; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, McHENRY CnUN`T'Y, ILLINOIS AS FOLLOWS: SECTION I: The Annexation Agreement dated June 25, 1979, by and between the City of McHenry, a Municipal Corporation in the State of Illinois, McHENRY STATE BANK, AS TRUSTEE UNDER TRUST AGREEMENT DATED MAY 4, 1979, ALSO KNOWN AS TRUST #1782, and McHENRY STATE BANK, AS TRUSTEE UNDER TRUST AGREEMENT DATED APRIL 30, 1979, ALSO KNOWN AS TRUST #1767, 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.0-79-189 and shall be in full force and effect immediately after its passage and approval as required by law. e_oQP,0AArE AUTNoRlrirs PASSED by a two-thirds ( 2/3rds ) mal ority of the -9 :6y of the City of McHenry Rnd approved by me this 25th day of June, 1979. AYES: Nolan, Pepping, Datz, Harker, Wieser, Schooley, Meurer NAYS, None ABSENT: Adams _ ATTEST: �'Cty Jerk Mayor RECEIVED JUN Z31979 ANNEXATION AGREEMENT Cln OF, WHENRY This Agreement made and entered into this 25th day of June , 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 McHENRY STATE BANK AS TRUSTEE UNDER TRUST AGREEMENT DATED MAY 43, 1979 AND KNOWN AS TRUST NUMBER 1782, (hereinafter referred to as "OWNER", and McHENRY STATE BANK AS TRUSTEE UNDER TRUST AGREEMENT DATED APRIL 30, 1979 AND KNOWN AS TRUST NUMBER 1767, (hereinafter referred to as "DEVELOPER"). WITNESSETH: WHEREAS, OWNER 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 limits of the City of McHenry; and WHEREAS, DEVELOPER is the option purchaser of the premises fully described in paragraph 5 hereof; and WHEREAS, said real estate constitutes territory which is 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 OWNER 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 estate to the CITY, under the terms and conditions as hereinafter set forth, would further the growth of the CITY, enable the CITY to �-x Yiis /*T- '� �/ control the development of the area and serve in the best interests of the CITY and its inhabitants; and WHEREAS, the OWNER and DEVELOPER do not, by this agreement, seek the amendment of any ordinance of the CITY relating to subdivision controls, the official plan, or building, 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 HEREIN CONTAINED, IT IS 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, 1977); that said statutory provisions provide for annexation agreements to be entered into by the owner of record and municipalities; that all of the requirements of the Illinois Revised Statutes and, specifically, 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 prior to the date fixed for the hearing on the proposed agreement. 2. This Agreement is entered into after a public hearing before the CORPORATE AUTHORITIES of the City of McHenry, which hearing was held on the 25th day of June, 1979, in accordance with 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 OWNER and DEVELOPER have heretofore filed with the City Clerk of the City of McHenry a proper Petition for Annexation conditioned upon the terms and provisions of an agreement to annex the real estate described in paragraph 5 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: That part of Lot 2 of the North East quarter of Section 2, Township 44 North, Range 8, East of the 3rd P.M., described as follows: Beginning at a point in the North line of said Lot 2, 79.86 feet East of the North West Corner thereof; thence East along said North line, 2570.54 feet, more or less, to the North East Corner thereof; thence South along the East line of said Lot 2, 1312.64 feet, more or less, to the South East Corner thereof; thence West along the South line of said Lot 2, 1694.31 feet, more or less, to the South East Corner of a Tract of land conveyed to Robert Knox on March 1, 1924, as recorded in Book 169 of Deeds, page 258; thence North along the East line of said Tract, 933.39 feet, to the North East Corner thereof; thence West along the North line of said Tract, 862.19 feet, more or less, to a point being upon the center line of Public Highway, that is 71.2 feet East of the North West Corner of said Tract; thence North 379.2 feet, more or less, along said center line to the place of beginning, all in McHenry County, Illinois. 6. That the above described real estate will be classified 11R-3" Single Family District within the meaning of the City of McHenry's Comprehensive Zoning Ordinance upon its annexation by the City of McHenry. - 3 - 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 "F" Farm District within the meaning of the County of McHenry Zoning Ordinance. 8. That immediately upon annexation of the hereinabove 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 subject matter hereof; it is further understood and agreed between the parties that the successful consummation of this Agreement requires their continued cooperation. 10. The OWNER and DEVELOPER 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 and DEVELOPER agree to dedicate such additional right-of-way for Green Street as the City Council may request on or before final plating of the subject real estate. 12. The DEVELOPER agrees to cause to be constructed, at its sole expense, sanitary sewer facilities within the premises to be annexed; and it is further agreed that such extension of sanitary sewer service shall be upon easements dedicated for such purpose and shall be in compliance with the requirements of the City Council. - 4 - 13. The OWNER and DEVELOPER agree to grant to the CITY, without charge or cost, a perpetual permanent sanitary sewer easement, in the general location of the natural swale, running in a Northwest to Southeast direction across the sub- ject real estate. Such permanent easement shall be forty (40) feet wide and in addition thereto, OWNER and DEVELOPER shall grant a twenty (20) foot wide temporary easement abutting the permanent easement for construction purposes, all of which shall be subject to the approval of the CITY COUNCIL. At the time of granting said easement, DEVELOPER and OWNER shall provide the CITY, at their expense, a staked survey, prepared by a registered Illinois surveyor, and a title insurance policy guaranteeing free and clear title in the CITY, in an amount of Five Thousand ($5,000.00) Dollars. Said ease- ment shall be granted at the time of final plat approval of the subject real estate or December 31, 1981, whichever is earlier. No on -site storm water rentention shall be re- quired by the CITY upon the subject real estate. 14. DEVELOPER shall make payment of all annexation fees and all other charges now or hereafter required by the CITY in connection with building permits, inspection fees, sewer and water tap on, capital development fees, DEVELOPER donations or any other fees or charges having to do with the development of the premises, however, DEVELOPER shall not be required to make any donation of land for park purposes.- Nothing herein shall be construed as being the intent of the parties to this Agreement to freeze any of the aforementioned fees or charges, or any fees or charges required by the CITY hereafter. 15. DEVELOPER shall, upon request, pay and reimburse the CITY for any and all Council and Administrative expenses and costs and for any and all fees, salaries or compensations mom incurred and charged to the CITY by the retained personnel of the CITY in connection with the proposed annexation to the CITY. 16. This Agreement is binding upon the parties herein, and their respective successors and assigns, for a full period of ten (10) years commencing as of the date hereof, as provided by statute and to the extent permitted thereby. 17. It is further agreed that in the event the annex- ation of the subject property shall be challenged by third par- ties in any way, in any other proceedings, the period of time during which such litigation is pending shall not be included in the calculation of the aforesaid ten (10) year period. 18. OWNERS agree that no representations, warranties, promises or agreements have been made regarding the adequacy, availability or reservation of any municipal sanitary sewer and municipal water services to the premises in question. 19. If any provision of this Agreement is declared invalid or illegal, the remainder of the Agreement shall not be effected thereby. 20. The covenants and agreements contained herein shall be deemed to be covenants running with the land during the term of this Agreement and shall inure to the benefit of and be binding upon the heirs, successors and assigns of the parties, including the CITY, its CORPORATE AUTHORITIES and their successors in office, and shall be enforceable by order of Court pursuant to its provisions and the applicable statutes of the State of Illinois. CITY OF McHENRY 2 - / BY; , '63 _z=/ Mayor ATTEST: APPROVED AS TO FORM: City Clerk � (SEAL) y • `� City Attorney 6 - STATE OF ILLINOIS ) SS COUNTY OF McHENRY ) I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY that JOSEPH B. STANEK and BARBARA E. GILPIN, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF McHENRY, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they signed and delivered said instrument as such Mayor and City Clerk of said City, and caused the City Seal of said City to be affixed thereto pursuant to the authority, given by the City Council of said City as their free and voluntary act, and as the free and voluntary act and deed of said City, for the uses and pur- poses therein set forth. d�_ hxr,,�� Notary Publ' My Commission expires: McHENRY STATE BANK AS TRUSTEE UNDER TRUST AGREEMENT DATED MAY 4, 1979 AND KNOWN AS TRUST NUMBER 1782, OWNER, STATE OF ILLINOIS ) SS COUNTY OF McHENRY ) I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY that ROBERT SCHNEIDER, personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed and - 7 - delivered said instrument as his free and voluntary act for the uses and purposes therein set forth. Notary Public My Commission expires: McHENRY STATE BANK AS TRUSTEE UNDER TRUST AGREEMENT DATED APRIL 30, 1979 AND KNOWN AS TRUST NUMBER 1767, DEVELOPER, STATE OF ILLINOIS ) SS COUNTY OF McHENRY ) I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY that ROBERT SCHNEIDER, personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed and deliv- ered said instrument as his free and voluntary act for the uses and purposes therein set forth. Notary Public My Commission expires: