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HomeMy WebLinkAboutOrdinances - O-83-301 - 01/24/1983 - AUTHORIZE EXEC ANNEX AGMT FLEMING DODGE NEUMANNORDINANCE NO. 0-83-301 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CERTAIN ANNEXATION AGREEMENT WHEREAS, there has been presented to the corporate authorities of the City of McHenry, McHenry County, Illinois, a proposed form of Annexation Agreement between the owners of record of the real estate hereinafter described, and the corporate authorities of the City of McHenry, pursuant to the provisions of Section 11, Division 15.1 of the Illinois Municipal Code; and WHEREAS, a public hearing upon the proposed Annexation Agreement has been held by the corporate authorities after proper public notice pursuant to the provisions of the statute in such case made and provided; and WHEREAS, the corporte authorities, after carefully considering the testimony and evidence presented at the said public hearing and after making further careful investiga- tion of the matters set forth in the proposed Annexation Agreement, have determined that it is in the best interest of the City of McHenry to enter into an Annexation Agreement with the owners of record of the real estate hereinafter described. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, McHenry County, Illinois as follows: SECTION l: That the Mayor of the City of McHenry is hereby authorized and directed to execute and the City Clerk is hereby authorized and directed to attest a certain Annexation Agreement dated January 24, 1983 between the City of McHenry, a municipal corporation, of the County of McHenry in the State of Illinois, and McHenry State Bank, as Trustee under a certain trust agreement dated the 6th day of October, 1980 and known as Trust No. 2088, Henry J. Fleming, Jr., John Dodge, William Neumann and John F. Lampe, as Owner, with respect to the annexation, zoning, subdivision, improvement and development of the real estate hereinafter described in accordance with the terms and provisions of said Agreement: MAP iS ATTACHED TO ORIGINAL- TRACT A That part of Lots 1 and 2 in the Northwest Quarter of Section 2, Township 44 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northwest corner of Lot 2 in said Northwest Quarter; thence Easterly along the North line of said Lot 2, a distance of 817.54 feet to the Easterly right of way line of State Route No. 31; thence Southerly, along said Easterly right of way line, a distance of 610.0 feet; thence Easterly, at right angles to the last described course, a distance of 480.09 feet (said line hereinafter known as Line "A"), to the east line of the West half of Lots 1 and 2; thence Southerly along said East line, a distance of 185.0 feet for the place of begin- ning; thence continuing Southerly along said East line, a distance of 539.13 feet to a point, said point being 16 feet South of the South line of said Lot 2; thence Westerly along a line 16 feet South of and parallel to said South line, a distance of 187 feet; thence Northerly and parallel to said East line of the West half of Lots 1 and 2 to a point 185 feet South of and parallel to line "A" as previously described herein; thence Easterly for a distance of 187 feet to the place of beginning, in McHenry County, Illinois. TRACT B That part of Lots 1 and 2 in the Northwest quarter of Section 2, Township 44 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northwest corner of Lot 2 in said Northwest quarter; thence Easterly along the North line of said Lot 2 for a distance of 817.54 feet to the Easterly right of way line of State Route No. 31; thence Southerly along said Easterly right of way line, a distance of 610.0 feet for the place of beginning; thence Easterly, at right angles to the last described course, a distance of 480.09 feet, (said line hereinafter known as Line "A"), to the East line of the West half of Lots 1 and 2; thence Souther- ly along said East line, a distance of 185 feet; thence Westerly along a line 185 feet South of and parallel to said Line "A", as previously described herein, a distance of 187 feet; thence Southerly along a line 187 feet West of and parallel to said East line of the West half of Lots 1 and 2, a distance of 539.13 feet to a point, said point being 16 feet South of and parallel to said Lot 2; thence Westerly along a line 16 feet South of and parallel to said South line, a distance of 273.28 feet to the Easterly right of way line of State Route No. 31, afore- said; thence Northerly along said Easterly right of way line, a distance of 720.49 feet to the place of beginning, in McHenry County, Illinois. -2- SECTION 2. This ordinance shall be published in pamphlet form by and under the authority of the Corporate Authorities of the City of McHenry, Illinois. PASSED this 24th day of January , 19 83. AYES: Nolan, Pepping, Datz, Busse, Gelwicks, Serritella NAYS : None ABSTAIN: None ABSENT: Meurer, Smith APPROVED thi s 24th day of January 1983. -y-or ayor ATTEST: -3- v L-LJ JAN2 n ]^�3 ANNEXATION AGREEMENT Uft OE WHENRY This Agreement, made and entered into this 24th day of January , 1983, 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 a Certain Trust Agreement dated the 6th day of October, 1980 and known as Trust No. 20881 HENRY J. FLEMING, JR., JOHN DODGE, WILLIAM NEUMANN and JOHN F. LMIPE (hereinafter referred to as "OWNER"). W I T N E S S E T H: WHEREAS, the McHENRY STATE BANK, as Trustee under a certain Trust Agreement dated the 6th day of October, 1980 and known as Trust No. 2088 is the owner of record of that real estate which is described in paragraph 5 hereof and HENRY J. FLEMING, JR., JOHN DODGE, WILLIAM NEUMANN and JOHN F. LAMPE are all of the beneficiaries of said land trust; 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 7 of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes, 1981); and WHEREAS, the Owners desire 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, 1981), 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, 1981); 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 McHenry Plan Commission, the Zoning Board of Appeals and the Corporate Authorities of the City of McHenry all of said hearings havingbeen held 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 a proposed agreement to annex the real estate described in paragraph 5 hereof to the City of McHenry, said proposed Agreement having been modified. 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: TRACT A That part of Lots 1 and 2 in the Northwest Quarter of Section 2, Township 44 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northwest corner of Lot 2 in said Northwest Quarter; thence Easterly along the North line of said Lot 2, a distance of 817.54 feet to the Easterly right of way line of State Route No. 31; thence Southerly along said Easterly right of way line, a distance of 610.0 feet; thence Easterly, at right angles to the last described course, a distance of 480.09 feet (said line hereinafter known as Line "A"), to the east line of the West half of Lots 1 and 2; thence Southerly along said East line, a distance of 185.0 feet for the place of beginning; thence continuing Southerly along said East line, a distance of 539.13 feet to a point, said point being 16 feet South of the South line of said Lot 2; thence Westerly along a line 16 feet South of and parallel to said South line, a distance of 187 feet; thence Northerly and parallel to said East line of the West half of Lots 1 and 2 to a point 185 feet South of and parallel to line "A" as previously described herein; thence Easterly for a distance of 187 feet to the place of beginning, in McHenry County, Illinois. TRACT B That part of Lots 1 and 2 in the Northwest quarter of Section 2, Township 44 North, Range 8 East of the Third Principal Meridian, described as follows: -2- Commencing at the Northwest corner of Lot 2 in said Northwest quarter; thence Easterly along the North line of said Lot 2 for a distance of 817.54 feet to the Easterly right of way line of State Route No. 31; thence Southerly along said Easterly right of way line, a distance of 610.0 feet for the place of beginning; thence Easterly, at right angles to the last described course, a distance of 480.09 feet, (said line hereinafter known as Line "A"), to the East line of the West half of Lots 1 and 2; thence Southerly along said East line, a distance of 185 feet; thence Westerly along a line 185 feet South of and parallel to said Line "A", as previously described herein, a distance of 187 feet; thence Southerly along a line 187 feet West of and parallel to said East line of the West half of Lots 1 and 2, a distance of 539.13 feet to a point, said point being 16 feet South of and parallel to said Lot 2; thence Westerly along a line 16 feet South of and parallel to said South Line, a distance of 273.28 feet to the Easterly right of way line of State Route No. 31 aforesaid; thence Northerly along said Easterly right of way line, a distance of 720.49 feet to the place of beginning, in McHenry County, ILlinois. 6. That upon the real estate being annexed to the City, the Tract A of the above described real estate will be classified "B-1" Commercial Retail District and Tract B of aforesaid will be classified "R-4" Multi -Family District under the terms and provisions of the City Zoning Ordnance, or, in the alternative, both Tracts A and B of the aforesaid shall be classified "B-l" Commercial Retail District thereunder. 7. That said real estate which is the subject of this Proposed Annexation Agreement is now under the jurisdiction of the County of McHenry and is presently classified "B-2" 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 Tract A to be re -zoned as Bl and Tract B to be re -zoned as R-4. 9. The Owner shall dedicate to the City such perpetual easement or easements as the City shall require for the installation, operation, maintenance and repair of municipal sanitary sewer, storm sewer and water mains and facilities at such locations as may be designated by the City. 10. It is understood and agreed between 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 matter hereof. It is further understood and agreed between the parties that the successful consummation of the agreement requires their continued cooperation and that the City and Owner will assist each other in obtaining the necessary State, EPA, and Federal permits that may be required by this agreement. 11. The Owner agrees that any and all fees and charges, except those otherwise expressly excluded by the terms and provisions of the Agreement, shall be payable by the Owner to the City, in ac- cordance with the requirements of the particular City ordinance in effect at the time that the Owner makes any application under such ordinances for any particular matter therein provided. (a) Annexation Fees. The Owner agrees to pay the City an annexation fee, to be calculated at $1,000.00 per each -'A- acre of the total gross acreage annexed by the terms and provisions of this Agreement, which amount is approximately $8,000.00, and the City and Owner agree that, due to depressed economic conditions, the annexation fee shall be paid as follows: $1,000.00 on the date that the City adopts an ordinance approving this Agreement and $1,000.00 on the first day of each and every sixth month thereafter, on the first day of each such month, until the total amount thereof has been paid. Owner shall pay the City a penalty equal to the prime interest rate charged by the McHenry State Bank on the date that the aforesaid installments are due plus two percentage points above such prime rates, for each time that any of the aforesaid installment payments are made late. Installment payments whose due dates fall on a state or national holiday, a Saturday or Sunday or at any other time when the City Hall is closed, shall become due and payable on the first business day after such dates, without penalty. In addition to the aforesaid late penalty for late installment payments, Owner shall also pay interest on the past due installment to the City at a rate consisting of two points over the highest prime interest rate charged by McHenry State Bank dueing the period that the past due installment remains unpaid. (b) Developer Contribution. The City and the Owner agree that the Developer contributions required by the City's Subdivision Control Ordinance shall be payable to the City at the time of the sale of any residential lots or parcels or at the time application is made for any residential building permit whichever event occurs first, provided, however, that, if not sooner paid as aforesaid, 50% of such Developer contributions shall be paid within 18 months after the final plat of any residential property is approved by the City and the remaining 50% shall be paid within 36 months after such final plat approval; in the event that payment occurs before application is made for any building permit is issued, the Developer donation shall be calculated using the maximum numer of residential units authorized by the Zoning Ordinance for the tract, lot or parcel in question. (c) Freezing Fees Not Intended. It is not the intent of this Agreement to "freeze" any fees or charges that are now required to be paid by the City or that may hereafter be required by the City having to do with either the use, subdivision, development or construction relating to the premises. 12. The subdivision, development, use and construction relating to the subject premises, and any part thereof, shall be in compliance with the terms and provisions of the City ordinances and requirements in effect at the time application is made to the City for such use, development, subdivision and construction. -4- 13. Owner agrees to be bound by the provisions of the Retained Personnel Ordinance of the City (McHenry City Ordinance MC-126), and by such amendments as may be made thereto from time to time. 14. (a) The City agrees that the Owner, it's successors and assigns may connect the subject premises onto municipal sanitary sewer and water mains or lines at such locations that are specified by the City at the time of the development of the subject premises, or any part thereof, it being understood, however, that such right to connect shall be subject to the issuance of permits by the Illinois Environmental Protection Agency, the payment of all pertinent connection fees, capital development fees and recapture charges due to others, compliance will all ordinance requirements of the City of McHenry and the payment of the cost of extending such facilities to the premises. (b) Installation of Utilities in Knox Drive. The Owner shall install sanitary sewer mains and municipal water mains in Knox Drive as depicted on the attached Exhibit "A" to the eastern most boundary of said Knox Drive, it being understood and agreed that the City shall pay 50% of the cost of such installation of the eastern most 240 feet of such mains. If the City desires to extend electrical and natural gas service to Knox Park over said Knox Drive, the responsibility for such extension shall be solely that of the City's. (c) The Owner shall also install an 8" sanitary sewer main across the Illinois Route 31 frontage of the subject premises to the southern boundary thereof whenever requested by the City to do so, provided however, that theretofore the City has also been requested to furnish it's municipal sanitary sewer service to any other property located south of the subject premises. 15. Recapture. If the City determines that the water and sanitary sewer main extensions constructed and installed by the Owner herein benefit other property, excluding property owned by the City, then the City and Owner shall enter into a Recapture Agreement under the terms and provisions of which the Owner or it's specific designees, shall be entitled to recapture from such benefited properties such portion of the construction costs of said water and sanitary sewer main extension as may be allocated to the benefited properties by the City Engineer and the City agrees that after said recapture agreement has been recorded in the Recorder of Deeds Office no benefited property shall be permitted to connect. onto and utilize that water and sanitary sewer main until such recapture fee is collected by the City from such benefited property. No part of the Subject Premises shall be permitted to connect to any municipal sanitary sewer or water main until the Owner of the subject premises pays to the City the recapture costs that the City is required to collect as a pre -condition to such connection. 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. -5- 17. 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. 18. If any provision of this Agreement is declared invalid or illegal, the remainder of the Agreement shall not be affected thereby. 19. 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 only in courts of the State of Illinois, the parties hereto being mutually estopped from making any application to any federal court for such enforcement. 20. Owner shall have the right to incorporate the City's existing 30 foot easement from Illinois Route 31 to Knox Park into a public road right of way on the subject premises. 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 McHENRY STATE BANK, as Trustee under a certain Trust Agreement dated the 6th day of October, 1980 and known as Trust No. 2088 and the beneficial owners of said Trust, and the City of McHenry, and the corporate seals of each, all on the date first above written. 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 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 Corporation, and caused the Corporate Seal of said Corporation to be affixed thereto pursuant to the authority, given by the City Council 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. My commission expires: ATTEST: Notary Public McHenry State Bank, as Trustee under a certain Trust Agreement dated the 6th day of October, 1980 and known as Trust No. 2088 / B Y :C�r-- i STATE OF ILLINOIS COUNTY OF McHENRY SS I, t11P nt?i__rin-rSi_g ed. _ a Notary Public in and for said County in the Staie afore aid, DO HERLBY CERTIFY. THAT Robert $-, Schne_ dex-, ---Trust-0- Vice -President ..f %I_HI 'rRY Sl Al E hA',K, a stir binki,_> ss, ;. )n a,d Laawxen-ce—J--_Ko-Ima n Assistant Trust Officer of said state bankirg, association personally known to me to be the same pen,,ns wh-,,c names are subscr,'ced to the forevoing instrument as such Vice -President and Asststant Trust Officer respecri.el,, appeared before me this day in person and acknowledged that the, sq-ied a^d delivered the said in,trument as their own free and voluntary acts, and as thc tree an.! v,4-nta•y act of said state banking association, as Truster. for the uses and purpo,es therein set forth and the said 4s,istant Trust Otticer did also then and there acknowledge that he,'3= as custodian of the corporate seal of said state banking association, did affix the said corporate seal of said' state banking association to said instrument as hi=r own free and voluntary act, and as the free and voluntary act of said state bank:re ass ' ion, as Trustee, for the uses and purposes therein set f h Given under my hand and Notarra eal this--j-,5ttlay �—F' 19a93—, Notary Public My commission expires: ORDINANCE NO. 0-82-302A AN ORDINANCE PROVIDING FOR THE ANNEXATION OF CERTAIN DESCRIBED REAL ESTATE TO THE CITY OF McHENRY. ILLINOIS WHEREAS, FRANK J. GRADISHAR, is the record owner of the real estate hereinafter described; and WHEREAS, no electors reside on the real estate hereinafter described; and WHEREAS, said real estate is contiguous to the existing corporate limits of the City of McHenry, Illinois, and is not located within any other municipality; and the aforesaid record owner desires annexation of said real estate and has petitioned the corporate authorities of the City of McHenry, Illinois, in writing and under oath, for annexation of said real estate; and WHEREAS, proper notice of the proposed annexation has been given to all persons as required by the Statutes in such cases made and provided; and WHEREAS, the land to be annexed is not a part of any Public Library District and the City does not provide fire protection services so that statutory notice is not required to be given to the Trustees of any Public Library District or to any Fire Protection District. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, ILLINOIS, as follows: SECTION 1: The following described real estae be and the same is hereby annexed to and made a part of the corporate limits of the City of McHenry, Illinois, including any and all portions of adjacent streets, roads, or highways as required by law: The North 4 acres of a tract of land described as follows: Part of the West Half of the Southwest Quarter of Section 2, Township 44 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning on the East line of the Southwest Quarter of the Southwest Quarter of said Section 2 at a point 1000.72 feet North from the South line of said Section; thence North on said East line thereof, a distance of 873.2 feet to an iron stake; thence Westerly on a line forming an angle of 90 degrees and 43 minutes to the left with a prolongation of the last described line, a distance of 652.93 feet to an intersection with the Easterly right of way line of the State Highway; thence Southwesterly along the Easterly right of way line of the State Highway, being on a line forming an angle of 71 degrees to the left with a prolongation of the last described line, for a distance of 923.51 feet to an iron stake; thence Easterly in a straight line, 943.38 feet to the place of beginning, in McHenry County, Illinois. SECTION 2: The City Clerk is hereby directed to cause an accurate map of the real estate described and annexed to be prepared or obtained, and when satisfied as to the accuracy of said map, record the map and a certified copy of this Ordinance in the Office of the Recorder of Deeds, McHenry County, Illinois. Following the recordation of this Ordinance and the map of the real estate above described and annexed, a copy thereof shall be filed in the Office of the Clerk of the McHenry County, Illinois. SECTION 3: This Ordinance shall be in full force and effect from and after its passage and approval according to 1 aw. PASSED this 29th day of November, 1982. AYES: Nolan, Datz, Busse, Smith, Wieser, Meurer, Serritella NAYES: None ABSTAIN: None ABSENT: Pepping NOT VOTING: None APPROVED this 29th day of November, 1982. ATTEST: City �Cl -2- ORDINANCE NO. 0-82-301A. AN ORDINANCE PROVIDING FOR THE APPROVAL OF A PROPOSED ANNEXA- TION AGREEMENT BETWEEN THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS AND FRANK J. GRADISHAR WHEREAS, FRANK J. GRADISHAR is the record owner of a certain four acre parcel of real estate located on the east side of Illinois Route 31, approximately one half block South of its intersection with Bull Valley Road in Nunda Township, McHenry County, Illinos; and WHEREAS, said real estate is not presently located within the existing corporate limits of any municipality; and WHEREAS, notice of public hearing was published in the McHenry P1aindeaIer, 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 hear ng as requi red by law and have found the entry into said Agreement will not be detri- mental 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 l: The Annexation Agreement, bearing the date of November 29, 1982, by and between the City of McHenry, a Municipal Corporation in the State of Illinois, and FRANK J. GRADISHAR, 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 I. 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 said Agreement for the uses and purposes therein set forth. SECTION 3: This Ordinance shall be in full force and effect from and after its passage and approval according to 1 aw. . PASSED by a two-thirds (2/3rds) majority of the City Council of the City of McHenry and approved by me this 29th day of November, 1982. AYES: Nolan, Datz, Busse, Wieser, Smith, Meurer, Serritella NAY ES: None ABSTAIN: None ABSENT: Pepping NOT VOTING: None APPROVED this 29th day of November, 1982. ATTEST: City�Ce­rk -2- ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT is made and entered into this 29th day of November , 1982, between the CITY OF McHENRY, an Illinois municipal corporation, hereinafter referred to as the "CITY", and FRANK J. GRADISHAR, hereinafter referred to as "OWNER" of the property hereinafter described in "Exhibit A" attached hereto, pursuant to the provisions of Division 15.1 of the Illinois Municipal Code (Illinois Revised Statutes, 1971, Chapter 24, Section 11-15.1 et seq.). W I T N E S S E T H WHEREAS, OWNER is the owner of record of the real property described in "Exhibit A", incorporated herein, which property is not within the corporate limits of any municipality but all of which is in the unincorporated area of McHenry County and is presently contiguous to the territory of the CITY, all of which property is hereinafter referred to as the "Subject Premises"; and WHEREAS, said OWNER has filed with the City Clerk of said CITY a Petition for Annexation of the Subject Premises to the CITY; and WHEREAS, all notices, publications, public hearings and all other matters attendant to such Petition for Annexation have been made, had and performed as required by statute and CITY ordinance, regulations and procedures; and WHEREAS, the Subject Premises is not located within any CITY library district, and the CITY does not provide fire protection service to the Subject Premises, so that no notices are required to be given to any library district nor to any fire protection district; and WHEREAS, the Corporate Authorities of the CITY have considered the annexation of the property described in "Exhibit A", and the said Petition for Annexation and are agreeable to such annexation; and WHEREAS, the OWNER proposes that the Subject Premises be developed with a medical arts building/professional office center of approximately sixty thousand (60,000) square feet to be developed in one or more phases; and WHEREAS, the OWNER has requested that the Subject Premises, upon annexation, receive a B-1 zoning classification under the Zoning Ordinance of the CITY, as amended, incorporating, without limitation, all uses delineated in the CITY attorney's opinion letter dated May 27, 1982, a photocopy of which is attached hereto as "Exhibit B" and made a part hereof, with a two -foot variation as to building height to allow a building height of thirty-seven (37) feet, and otherwise in accordance with all CITY ordinances and the terms and conditions of this Agreement; and WHEREAS, the CITY is agreeable to all of such development in such manner; and WHEREAS, the Zoning Board of Appeals of said CITY, being the Board duly designated by the Corporate Authorities of the CITY to hold a public hearing on the proposed B-1 rezoning, as clarified by the CITY attorney's opinion letter, with a variation as to building height, has heretofore held all required public hearings on the application of the OWNER for said zoning classification and variance, and due notice of said public hearings has been published in the manner required by law and said public hearings have been held in all respects in a manner conforming to law; and WHEREAS, the Zoning Board of Appeals of said CITY has made its report and recommendation to the City Council of the CITY in accordance with the ordinances of said CITY; and WHEREAS, all other matters, in addition to those specifically referred to above, which are included within this Annexation Agreement, have been considered by the parties hereto, and it is agreed that the development of the Subject Premises for the uses as permitted under the B-1 classification of the Zoning Ordinance of the CITY, incorporating without limitation (except as to residential use, which will not be allowed) all uses delineated in the opinion letter of the CITY attorney dated May 27, 1982, with a two -foot variation to allow a building height of thirty- seven (37) feet, and otherwise in accordance with the terms and conditions of this Agreement, will inure to the benefit and improvement of the CITY and its residents and will promote the sound planning and development of the CITY and will otherwise enhance and promote the general welfare of the people of the CITY; NOW THEREFORE, for and in consideration of the mutual promises and agreements herein contained, the parties hereto agree as follows: 1. Annexation and Rezoning: Within thirty (30) days after the execution of this Agreement or at the next regular meeting of the City Council thereafter, the CITY agrees to enact and adopt ordinances annexing the premises designated in "Exhibit A" to the CITY. Within thirty (30) days after the execution of this Agreement or at the �m next regular meeting of the City Council thereafter, the CITY agrees to enact and adopt an ordinance approving the B--1 zoning classification for the Subject Premises, incorporating without limitation (except as to residential use, which will not be allowed) all of the uses delineated in the CITY attorney's opinion letter dated May 27, 1982, a copy of which is attached hereto as "Exhibit B" and made a part hereof, with a building height variation of two (2) feet to allow a building of thirty-seven (37) feet in height. 2. Plat Approval: The CITY hereby approves "Exhibit C" and the same shall constitute and satisfy all the requirements for the annexation plat for the Subject Premises. 3. School and Park Donations ("Developer's Donation Ordinance"): The OWNER shall not be required to make any land or cash contributions specified in the CITY's Developer Donation Ordinance for so long as the use of the Subject Premises is non-residential. The parties agree that the Subject Premises may not be used for residential purposes. 4. Water, Sanitary Sewer and Storm Sewer: The OWNER shall have the right to use "on -site" private sewage disposal and water supply systems until CITY sanitary sewer and water -mains or lines are in existence within one hundred fifty (150) feet of the Subject Premises. The use of such private systems shall be contingent upon full compliance with all statutes of the State of Illinois and ordinances of the CITY pertaining to private sewage disposal and water supply systems. Within twelve (12) months after the CITY sanitary sewer and water mains or lines become available to the Subject Premises as aforesaid, the OWNER shall disconnect all buildings from said private systems and shall connect them unto said CITY sanitary sewer and water -mains or lines. The CITY shall have no legal or financial obligation to extend its sanitary sewer and water mains or lines to the Subject Premises nor to make such facilities available to the Subject Premises. The cost and expense of extending said mains or lines to the Subject Premises shall be solely the OWNER'S, provided, however, that the OWNER and CITY will enter into an agreement, not to exceed a term of ten (10) years after the construction of said mains or lines, providing for the recapture of a portion of the cost and expenses incurred by the OWNER in extending said lines or mains to the Subject Premises; for purposes of such recapture agreement, arid -properties potentially benefited by such extensions - 3 - and the proration or allocation of the cost to such properties shall be determined by the CITY Engineer and City Council. The OWNER agrees that the connection of the Subject Premises to the CITY sanitary sewage and water mains or lines shall also be subject to any recapture arrangements or agreements between the CITY and third parties. 5. Ownership of Utility Lines and Easements: All sanitary sewer mains and water mains (but not service lines) that may hereafter be located on the Subject Premises shall be transferred without cost by bill of sale to the CITY for ownership, maintenance and operation by the CITY as provided herein. Permanent easements for the construction, operation, replacement and maintenance of municipal utilities shall be granted to and accepted by the CITY for all municipal utilities located on the Subject Premises and not in the public right- of-way, the location and dimensions of which shall be subject to the approval of the CITY Engineer and City Council. 6. Water Retention: The OWNER agrees that the Subject Premises will be developed with sufficient water retention and detention area so as to fulfill and satisfy the water retention and detention requirements of the Subject Premises as specified by the CITY. 7. Effect of This Agreement: All of the CITY's ordinances are applicable to the Subject Premises and the development thereof, except as might otherwise be expressly provided by the terms and provisions of this Agreement. The parties acknowledge that none of the CITY ordinances shall be frozen in their application to the Subject Premises except the zoning ordinance as it applies to the Subject Premises and the variation granted hereunder, which zoning application and variation shall be as provided for in this Agreement. Subject to said zoning and variation exception, the CITY shall have the right without limitation thereon to amend its ordinances and to adopt new ordinances at any time in the future and said amendments and new ordinances shall apply to the Subject Premises, provided, however that no such amendment or new ordinance shall unreasonably or arbitrarily discriminate against the Subject Premises. 8. Severability: If any provision of this Agreement is held invalid, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any of the other provisions contained herein. - 4 - 9. Enforceability: This Agreement shall be enforceable only in any court of competent jurisdiction of the State of Illinois, by any of the parties hereto by an appropriate action at law or in equity to secure the performance of the covenants herein contained. The parties hereto agree that they are estopped from filing any lawsuit in any federal court in connection with this Agreement. 10. Binding Effect and Term: This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, successor owners of record of the Subject Premises, and their heirs, successors and assigns for a period of ten (10) years from the date of execution hereof, with the understanding that the zoning classification and variation granted hereby shall survive the expiration of this Agreement, unless changed in accordance with law. 11. Annexation Fee: The OWNER agrees to pay to the CITY the sum of Four Thousand Dollars ($4,000.00) as and for an annexation fee, which sum shall be so payable upon the annexation of the Subject Premises to the CITY as herein provided. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as of the day and year first written above. ATTEST: BARBARA�GILP`IN,ITY C RK STATE OF ILLINOIS) ) SS COUNTY OF MCHENRY) CITY of McHENRY, 1"H' MAYOR� - W-A A I, Anne M. Kranz , a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Joseph Stanek, Mayor of the City of McHenry, an Illinois municipal corporation, and Barbara Gilpin, City Clerk of said City of McHenry, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such Mayor and City Clerk, respectively, appeared before me this day in person and acknowledged that they signed the said instrument as their own free and voluntary acts, and as the free and voluntary act of said municipal corporation, for the uses and purposes therein set forth; and the said Barbara Gilpin did also then and there acknowledge that she, as custodian of the corporate seal of said municipal corporation, did affix said corporate seal of said municipal corporation to said instrument as her own free and voluntary act, and as the free and voluntary act of said municipal corporation, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this 29th day of November 1982. Notary Public rw I W�'� - V. (acknowledgment of FRANK J. GRADISHAR's signature contained on page 6 hereof) - 5 - STATE OF ILLINOIS) ) SS COUNTY OF KANE ' ' ) I, Nancy Hall, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Frank J. Gradishar, personally known tome to be the person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed the said instrument as his own free and voluntary act for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this ia�day o��� �_ 1982. Notary'Public My Commission Expns Sept 9,1985 EXHIBIT A The North 4 acres of a tract of land described as follows: Part of the West Half of the Southwest Quarter of Section 2, Township 44 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning on the East line of the Southwest Quarter of the Southwest Quarter of said Section 2 at a point 1000.72 feet North from the South line of said Section; thence North on said East line thereof, a distance of 873.2 feet to an iron stake; thence Westerly on a line forming an angle of 90 degrees and 43 minutes to the left with a prolongation of the last described line, a distance of 652.93 feet to an intersection with the Easterly right of way line of the State Highway; thence Southwesterly along the Easterly right of way line of the State Highway, being on a line forming an angle of 71 degrees to the left with a prolongation of the last described line, for a distance of 923.51 feet to an iron stake; thence Easterly in a straight line, 943.38 feet to the place of beginning, in McHenry County, Illinois. CO1$IT s BERNARD V. NARUSIS REOINA F. NARUSIS _9K? Y>'_2fX, . , eq.L,.W A:�Z' lf,7; 6001.7 M a y 27, 1982 312 - 639-6635 Attorney Frank J. Gradishar 1666 North Farnsworth Avenue Aurora, Illinois 60605 Re: Laufer Annexation to City of McHenry Dear Frank: You have asked me for written verification of the types of uses that are encompassed by the City of McHenry Zoning Ordinance "B-1" Commericial Retail District permit- ted use "Professional or Service Offices". The permitted use "Professional or Service Offices" includes but is not limited to offices of the various medical professions such as dental labs, Orthodontist labs, medical labs, Radiology labs, Retinologist offices, and X-ray labs. I also advised you that pharmacies are encompassed within the "Drug Store" permitted use under the terms of the "B-l" Commerical Retail District classification of the City of McHenry Zoning Ordinance. If I may be of further assistance to you concerning this matter please advise. Sincerely, Bernard V. Narusis BVN/bd c.c. BoodwlI, Sears, Sugrue, Giambalvo & Crowley c.c. Mayor Joseph Stanek c.c. Barbara Gilpin, City Clerk +; c.c. James Fouse, Zoning Board of Appeals Chairman