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HomeMy WebLinkAboutOrdinances - O-81-258 - 04/27/1981 - APPROVE ANNEX AGMT EST SIDE CL ROAD 8.3 AC PARCELORDINANCE NO. 0-81-258 AN ORDINANCE PROVIDING FOR THE APPROVAL OF A PROPOSED ANNEXATION AGREEMENT BETWEEN THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS AND LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE PROVISIONS OF A TRUST AGREEMENT DATED THE 5TH DAY OF DECEMBER, 1975 AND KNOWN AS TRUST NO. 49711 WHEREAS, LASALLE NATIONAL BANK, as Trustee under the provisions of a Trust Agreement dated the 5th day of December, 1975 and known as Trust No. 49711 is the record owner of a certain 8.3acre parcel of real estate located on west side of Crystal Lake Road between Boone Valley Subdivision and Winding Creek Subdivision in Nunda Township, McHenry County, Illinois; and WHEREAS, McHENRY GROUP LIMITED PARTNERSHIP is the owner of the entire beneficial interest in said Trust No. 49711 referred to above; and WHEREAS, said real estate is not presently located within the exist- ing 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 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 Agreement will not be detrimental to the public health, welfare, or safety of the inhabi- tants 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 1: The Annexation Agreement, bearing the date of April 27th_, , 1981, by and between the City of McHenry, a Municipal Corporation in the State of Illinois, and LASALLE NATIONAL BANK, as Trustee under the provisions of a Trust Agreement dated the 5th day of December, 1975, and known as Trust No. 49711, 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 "B". SECTION 2: 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 y MAP IS ATTACHED TO ORIGINAL said Agreement for the uses and purposes therein set forth. SECTION 3: This Ordinance shall be in full force and effect imme- diately 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 27th day of April , 1981 . AYES: Pepping, Datz, Harker, Adams, Wieser, Schooley, Meurer, Stanek NAYS: None ABSTAIN: None ABSENT: Nolan APPROVED this 27th day of April 1981. ATTEST: km 2- RECEIVED EXHIBIT "B" MAR 31981 ANNEXATION AGREEMENT CMG OF MMENRY This Agreement made and entered into this 27th day of Apri 1 , 1981, by and between the CITY OF McHENRY, a Municipal Corporation of the State of Illinois (here- inafter referred to as "CITY"), by and through its Mayor and Members of the City Council (hereinafter referred to collectively as "CORPORATE AUTHORITIES"), and LASALLE NATIONAL BANK, AS TRUSTEE, Under a Trust Agreement dated the 5th day of December, 1975 and known as Trust No. 49711 (hereinafter referred to as "OWNER"). W I T N E S S E T H: WHEREAS, LASALLE NATIONAL BANK, AS TRUSTEE, Under the provisions of a Trust Agreement dated the 5th day of December, 1975 and known as Trust No. 49711, is the owner of record of that real estate which is fully described in paragraph 5 hereof, which parcel is contiguous to the corporate limits of the City of McHenry; and WHEREAS, LASALLE NATIONAL BANK, AS TRUSTEE, .is the owner of the aforesaid Trust No. 49711, and a certified copy of the beneficial interest is attached hereto as Exhibit "ID"; and WHEREAS, said parcel of 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 desires to have said parcel of 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 herein described 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 control the development of the area and serve in the best interest of the CITY and its inhabitants; 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 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 23rd day of March , 19 81 , in accordance with the Provisions of the aforesaid statutes of the State of Illinois. 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 has 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, said Agreement having been modified. -2- 5. That the CORPORATE AUTHORITIES, upon execution of this Agreement will, pursuant to the Petition for Annexation heretofore filed, enact an ordi- nance annexing the real estate hereinafter described and also any adjacent roads or highways as required by law: That part of Sections 3 and 4 in Township 44 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the Northwest corner of said Section 3; thence East along the North line of said Section 3, to the center line of Crystal Lake Road; thence Southwesterly along said center line 348.00'; thence West parallel with the North line of said Section 4, 1165.18'; thence North perpendicular to the North line of said Section 4, 288.19' to said line of Section 4, thence East along said North line of said Section 4, 1042.78' to the point of beginning, all containing 8.3 acres, more or less, in McHenry County, Illinois. 6. That upon the real estate being annexed to the City said property will be classified as "R-3" Residential District within the meaning of the City of McHenry Zoning Ordinance and in conformance with Preliminary Plat, Exhibit "A" 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" Farming 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 "R-3" Resi- dential District in accordance with the Preliminary Plat, Exhibit "A". 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 con- tinued cooperation. 10. The OWNER 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 Engineer. 11. OWNER shall provide ingress and egress to the premises along Crystal Lake Road as designated in Exhibit "A" and approved by the State of Illinois Department of Highways and shall comply with the requirements of the City Engineer in constructing any ingress or egress facilities to that portion of the premises. -3- 12. OWNER agrees to pay to the City of McHenry an annexation fee of $400.00 per lot, payable in equal installments as follows: (1) A primary payment of Four Thousand Eight Hundred and 00/100 ($4,800.00) Dollars upon annexation and rezoning of the property. (2) A second payment of Four Thousand Eight Hundred and 00/100 ($4,800.00) Dollars upon the first year anniversary date of the ordinance approving the annexation of the property, or upon Council approval of a final plat of subdivision for the property or any portion thereof, whichever occurs first. 13. OWNER agrees that, contemporaneously with the recording of the final plat of Subdivision of the subject premises, it will dedicate to the City of McHenry the parcel of land designated as Lot A on the preliminary plat, attached hereto as Exhibit "A", and will provide all improvements to that lot. 14. OWNER agrees that, contemporaneously with the recording of the final plat of Subdivision of the subject premises, it will dedicate to the City of McHenry the parcel of land designated as Lot B on the preliminary plat, attached hereto as Exhibit "A", and will provide all improvements to that lot. 15. OWNER further agrees to abide by the design and construction standards for the development of the subject real estate in accordance with the City's ordinances and regulations in effect at the time of final plat approval; OWNER also agrees, at its sole expense, to remove the existing culdesac at the eastern end of West Malibu Court in Winding Creek Subdivision, and in the place of the removed culdesac to install a roadway according to City standards includ- curb and gutter, to the western end of the street depicted on the preliminary plat of Subdivision which is attached hereto as Exhibit "A", contemporaneously with the installation of the roadway improvements depicted in Exhibit "A"; the width of the improved roadway depicted in said Exhibit "A" shall correspond with the width thereof in West Malibu Court in Winding Creek Subdivision. 16. It is not the intent of the parties to this Agreement to "freeze" any fees now or hereafter required by the City in connection with the building permits, inspection fees, sewer and water tap on, developer contributions or any other regulatory fees or charges having to do with the development. of the premises. 17. OWNER agrees to be bound by the provisions of the Retained Personal Ordinance of the City MC 126. -4- 18. 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. 19. It is further agreed that in the event the annexation of the subject property shall be challenged 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. 20. If any provision of this Agreement is declared invalid or illegal, the remainder of the Agreement shall not be affected thereby. 21. 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. IN WITNESS WHEREOF, the CORPORATE AUTHORITIES and the OWNER have hereunto set their hands and seals, and have caused this instrument to be executed, singularly by the General Partner of THE McHENRY GROUP, and the CITY OF McHENRY, and the corp- orate seals of each, all on the date first above written. CITY OF McHENRY By: ATTEST: City Clerk (SEAL) APPROVED AS TO FORM: City Attorney 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 -5- Mayor and City Clerk, respectively, of the CITY OF McHENRY, and personally known to me to be the same persons whose names RIDER ATTzCHZD. TO AN- :-LADE A ?ART Oi DdCT:'-' NT..- DATED f :-)G - ft' UNDER TRr, ST NO. Zy2& .This instrument is executed by LaSALLE NATIONAL RA.::K, not personally but solely as Trustee. as aforesaid, in the exercise of the power and authority conferred upon and vested in it as such Trustee. All the 1, terms- provisions, stipulations, covenants and conditions to be performed by LaSALLE NATIONAL RANK are undertaken by it solely as Trustee,. as aforesaid, and not individually and all statements herein made are made on information and belief and are to be construed accordingly, and no personal liability shall be asserted or be enforceable against LaSALLE NATIONAL LANK by reason of any of the ter-.-.s, provisions,. stipulations, covenants and/or statements contained in this instrument. FORM )CC 0421 I TARPaLIC My Commission Expires: LASALLE NATIONAL BANK, AS TRUSTEE, under the provisions of a Trust Agreement dated the 5th day of December, 1975 and known as Trust No. 49711, STATE OF ILLINOIS ) SS COUNTY OF I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY that J1,14w0 ' . . , 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 delivered said instrument as his free and voluntary act for the uses and purposes therein set forth. My Commission Expires: % - / J -,P/ — 'NOTARY PUBLIC -7-