HomeMy WebLinkAboutOrdinances - O-87-428 - 08/12/1987 - APPROVE ANNEX AGMT GERSTAD BLDRS 50 ACRES FIST ADDREGhtvr.v
871, 0 0 2 5- 0 7 0-87-428
�. 0 9 1987
AN ORDINANCE
AUTHORIZING THE EXECUTION OF AN CITY OF McHENRY
ANNEXATION AGREEMENT
WHEREAS, it is in the best interest of the _CITY OF McHENRY,
McHenry County, Illinois, that a certain Annexation Agreement
pertaining to property contiguous to the City and owned by the
HOME STATE BANK OF CRYSTAL LAKE, as Trustee under Trust Agreement
dated February 15, 1973 known as Trust No. 1550, the McHENRY
STATE BANK, as Trustee under Trust Agreement dated March 19, 1987
known as Trust No. 3941, and GERSTAD BUILDERS, INC., hereinafter
referred to collectively as "Owner", be entered into; and
WHEREAS, a copy of the aforesaid Agreement is attached
hereto and specifically made a part hereof and incorporated
herein; and
WHEREAS, the Owner is ready, willing and able to enter into
said Agreement and to perform the obligations as required
thereunder; and
WHEREAS, the statutory procedures provided in Division 15.1
of Article II of the Illinois Municipal Code, as amended, for the
execution of said Annexation Agreement, have been fully complied
with.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council
of the City of McHenry, McHenry County, Illinois, as follows:
1. That the Mayor be and he is hereby authorized and
directed to sign, and the City Clerk is directed to attest, a
document known as "Annexation Agreement" dated August 12, 1987 as
to the property described on Exhibit "A" attached hereto.
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2. That this Ordinance shall be in full force and effect
from and after its passage, approval and publication as required
by law.
Voting Yea: Bolger, Lieder, McClatchey, Nolan, Patterson, Serritella, Smith, Teta
Voting Nay: None
Absent: None
Abstained: None
Not Voting: None
PASSED AND APPROVED THIS 12th DAY OF August , 1987.
ATTEST:
y Clerk
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RECEIVED
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ANNEXATION AGREEMENT
CITE Of, WHENBY
THIS AGREEMENT, made this 12th day of August , 1987, by
and between the CITY OF McHENRY, a municipal corporation of the
State of Illinois, (hereinafter referred to as the "City"), and
HOME STATE BANK OF CRYSTAL LAKE, as Trustee Under Trust No. 1550,
the McHENRY STATE BANK, as Trustee under Trust No. 3941, and
GERSTAD BUILDERS, INC. (hereinafter referred to collectively as
"Owner" or "Developer").
WITNESSETH:
A. WHEREAS, the HOME STATE BANK OF CRYSTAL LAKE, as Trustee
under Trust No. 1550, is the title holder of record of certain
real estate located in the unincorporated part of McHenry County,
Illinois, hereinafter referred to as the "property", which is
more fully described on Exhibit "A", attached hereto, and by this
reference made a part hereof; and
B. WHEREAS, the property to be annexed consists of one
contiguous tract of approximately 50.50 acres, more or less, in
area, not included within the corporate boundaries of any
municipality, but contiguous to and immediately adjacent to the
corporate boundaries of the City, all of which property is shown
on a certain annexation plat which is attached to the Petition
for Annexation hereinafter referred to; and
C. WHEREAS, the City and the Owner deem it to their mutual
advantage and in the public interest to cause the property to be
annexed thereto. Pursuant thereto, the Owner has submitted to
the City Clerk a duly executed Petition for Annexation, said
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Petition being contingent upon the execution of this Annexation
Agreement, which may be modified by agreement of the parties
hereto, a plat of said territory to be annexed being attached
thereto; and
D. WHEREAS, the annexation of the portion of the property
presently lying in unincorporated area will extend the corporate
limits of the City and the jurisdiction thereof, increase its
taxable value and will permit sound planning and aid in
developing the City as a more balanced and better planned
community; and
E. WHEREAS, it is understood and agreed that this Agreement
in its entirety, together with the Petition for Annexation, shall
be null, void and of no force or effect unless the property is
validly annexed, zoned and classified by proper City Ordinances,
all as herein provided; and
F.- WHEREAS, no legal notice is required to be served on
Fire, Library and Other Districts and Public Officers pursuant to
7-1-1 of Chapter 24, of the Illinois Revised Statutes, 1983, as
amended.
NOW THEREFORE, in consideration of the foregoing premises
and in further consideration of the mutual covenants, agreements,
and conditions herein contained, the parties hereto agree as
follows:
1. AUTHORITY: This Agreement is made pursuant to and in
accordance with the provisions of Sections 11-15_.1-1, et. seq. of
the Illinois Municipal Code (Chapter 24, Illinois Revised
Statutes, 1985, as amended).
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2. ANNEXATION: That the corporate authorities of the City
will, immediately upon the approval of this Agreement, pursuant
to the Petition for Annexation he-retofore' filed, enact an
ordinance annexing the property described in Exhibit "A" and also
any adjoining roads or highways to the opposite side thereof, as
required by law.
3. ZONING: Immediately after the passage of the ordinance
annexing the said property, the City, without further hearing
shall enact an ordinance zoning and classifying the said property
as "RS-311, Medium -High Density, Single Family Residential
District.
4. DURATION: The terms, conditions and covenants of this
Agreement shall be binding upon the parties hereto and their
successors and assigns for a period of twenty (20) years from the
date hereof and for such additional period or periods as may
hereafter be permitted by statute.
5. ANNEXATION FEES: The Developer shall pay the following
annexation fees to the City:
A. $24,555.00 upon the execution of this Annexation by the
City, (based on 49.11 acres); and,
B. The sum of $300.00 at the time each application is made
for a residential building permit upon said premises,
and,
C. The sum of $300.00 for each lot which has been
subdivided on said premises and for which no
application for a residential building permit has been
made within three (3) years from the date the final
Plat of Subdivision has been approved by the City said
sum shall be payable on the third Card) anniversary
date of such final Plat of Subdivision approval.
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6. FUTURE ORDINANCES, REGULATIONS AND FEES: Developer
agrees that nothing contained in this Agreement is intended to
limit, restrict or in any way t_o impair the right, power or
ability of the City to pass and adopt new or different
ordinances, regulations and fees of any kind or nature whatsoever
during the life of this Agreement, and the Developer further
agrees that any such new or different ordinances, regulations and
fees shall apply, in full, and without limitation or restriction
to and upon the property, except that the annexation fees
referred to in paragraph five (5) hereof shall not be affected by
any such change.
7. RESTRICTIVE REQUIREMENTS:
A. MORE RESTRICTIVE REQUIREMENTS: If, during the term of
this Agreement, the provisions of the existing ordinances and
regulations_ which may relate to the development, subdivision,
construction of improvements, buildings, appurtenances, and all
other development of any kind and character on the property, are
amended or modified in any manner so as to impose more stringent
requirements in the development, subdivision, or construction
referred to therein, then such increased requirements shall be
effective as applied to the subject property so long as such
changes ar•e applied non-discriminatory throughout the City,
(excepting those developments in the City having annexation
agreements past, present and future providing otherwise) on all
similarly :zoned parcels.
B. 'LESS RESTRICTIVE REQUIREMENTS: If, during the terms of
this Agreement, except as otherwise specifically agreed upon in
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this Agreement, any existing, amended, modified, or new
ordinances, codes, or regulations affecting the zoning,
subdivision, development, construction of improvements, buildings
or appurtenances, or any other development of any kind or
character upon the property, are amended or modified in a manner
to impose less restrictive requirements on developments of, or
construction upon, properties in similar zoned and developed
parcels within the City, then the benefit of such less
restrictive requirements shall inure to the benefit of the Owner,
and anything to the contrary contained herein notwithstanding,
the Owner may elect to proceed with respect to the development
of, or construction upon the property, with the less restrictive
amendment or• modification applicable generally to all properties
within the City.
8. AMI=NDMENT BY MUTUAL CONSENT: The City and the Owner
may, by mutual consent, and as provided by law, amplify, modify
or otherwise agree to other terms and conditions than those set
forth within this Agreement, in any State Court only; no action
hereon may be brought in any Federal Court.
9. EXISTING AGRICULTURAL USES: Existing agricultural uses
on the subject property may be continued until the land is
subdivided. The parties acknowledge that existing agricultural
uses are limited solely to grain crops and that any animal or
livestock usage is excluded.
10. ENFORCEMENT REMEDIES: It is agreed that the parties to
this Agreement, or their assignees or successors in title, may
enforce and compel the performance of this Agreement, or any
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provision thereof, either at law or in equity, by suit, mandamus,
injunction, declaratory judgment, or other court procedure, only
in courts of the State of Illinois; no such action -may be brought
in any Federal court.
11. CONTINUITY OF OBLIGATIONS: This Agreement shall inure
to the benefit of and be binding upon the assignees and
successors i:n title of the Owner and upon successor Corporate
Authorities of the City. The Owner and his assignees and
successors -in title shall be permitted to complete any project
that may be underway where there has been a submission of
platting at the time of the expiration of this Agreement or any
T extension thereof in accordance with the provisions hereof.
12. NOTICES: Unless otherwise notified in writing, all
notices, requests, and demands shall be in writing and shall be
delivered to or mailed by certified mail, return receipt
requested as follows:
For the City:.
1. Mayor, City of McHenry
1111, North -Green Street
McHenry, Illinois 60050
For the Land Trustees:
1. The McHenry State Bank
Trustee Under Trust No. 3941
351O West Elm Street
McHenry, Illinois 60050
2. The Home State Bank of Crystal Lake
Trustee Under Trust No. 1550
40 Grant Street
Crystal Lake, Illinois 60014
For the Owner:
GERSTAD BUILDERS, INC.
4318 C Crystal Lake Road
McHenry, Illinois 60050
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The signed return receipt or an affidavit of mailing or proof of
service shall be sufficient proof of delivery for all purposes.
13. RIGHT OF SALE BY OWNER: It is specifically understood
and agreed that the Owner shall have the right to sell, transfer,
mortgage and assign all or any part of the subject property and
the improvements thereon to other persons, firms or corporations
for investment, building or development and sale purposes, and
that such persons, firms, or corporations shall be entitled to
the same rights and privileges and shall have the same
obligations as the Owner has under this Agreement. Provided,
however, that improvement, undertakings, or guarantees
specifically made hereunder by any party shall continue in full
force and effect and shall not be affected insofar as the City is
concerned by any sale, transfer or assignment of any interest in
the subject property or any part thereof.
14. SEPARABILITY OF PROVISIONS: The provisions of this
Agreement shall be deemed to be separable, and if any section,
paragraph, clause, provision or item of this Agreement shall be
held invalid, the invalidity of such section, paragraph, clause,
provision or item shall not affect any other provisions of this
Agreement.
15. SURFACE WATER STORAGE: The Developer proposes to
subdivide the property so that any required surface water
retention/detention areas may be included as part of one or more
subdivision lots which will be owned and maintained by such lot
owner or owners. The Developer, however, acknowledges that the
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City has not: agreed to such subdivision and is not obligated to
subdivide any water retention/detention areas in such manner.
16. EASEMENT: As a prerequisite before any final plat
approval, the Developer agrees to provide to the City easements
for sanitary sewer, water and utilities satisfactory to the City
to connect to the sewer main on Bull Valley Road or in the
MacDonald property.
IN WITNESS WHEREOF, the parties have hereunto caused this
Agreement to be duly executed the day and year first above
written.
CITY OF McHENRY,
an Illi o's mu corporation,
By
MAYOR WI IAM BUSSE
ATTEST:
City Clerk
MCHENP--" BANK,
Trust nder Trus N 3941
By:_
Phi i
''b S . King,
ATTEST: Vic President & Pr. Tr. Officer
4hr
Gerald Helt,
"rust Officer
GERSTAD BUILDERS, INC.
By:
Z-
DONALD GERSTAD
ATTEST,:
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HOME STATE BANK OF CRYSTAL LAKE
Trustee.Under Trust No. 1550
By:
ATTEST:
Sr. Vice Presi ent & Trust Officer
Vice Pres iderrt- This instrument is executed by HOME STi,IE BAOIK Ui` CRY,:TAL LAK,
-Y
not oersonelly but solely as Tmstee, as foresa+d. All thz cov2nan,s
and conditions to be performed hereunder by HOiviE STATE BHNK
OF CRYSTAL LAKE are undertaken by it solely as Trustee. as aloresaid
and not individually, and no personal liability snail be asserted or
be entorceenle against HOME STATE BANK OF CRYSTAL LAKE by reason
of srry of the coiow eats, sawrienCii, reptveerOWN elf wertantieR
cost Med In t3ft Irtafnu or1i,
87-33-1829
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EXHIBIT "A"
PROPERTY BEING ANNEXED
That part of the Northwest Quarter of Section 3 and part of the
Northeast Quarter of Section 4, Township 44 North, Range 8 East
of the Third Principal Meridian, described as follows: Beginning
at a point on the North line of said Section 3, said point being
the point of intersection of said North line and the Westerly
right of way line of the Chicago and Northwestern Railway; thence
South 29 degrees 39 minutes 34 seconds West, along said Westerly
right of way, 2227.98 feet, to a point 10 chains and 10 links
(666.60 feet) North of the South line of said Northwest Quarter
of said Section 3, and the point of beginning of the parcel
herein described; thence South 89 degrees 42 minutes 10 seconds
West, alone a line parallel to and 10 chains 10 links North of
the South line of said Northwest Quarter, 2137.88 feet, more or
less, to the East line of said Northwest Quarter; thence South 89
degrees 26 minutes 39 seconds West, along a line parallel to and
10 chains 10 links North of the South line of the Northeast
Quarter of said Section 4, 296.88 feet, to a point on the
Southwesterly line extended Southeasterly of a parcel of land
conveyed by George Erber and wife, to James J. Hunter and wife,
by warranty deed dated August 22, 1966 and recorded as Document
No. 462775; thence North 59 degrees 40 minutes 28 seconds West
along said Southwesterly line extended Southeasterly and along
said Southwesterly line, 549.36 feet, more or less, to the
centerline of McHenry Road; thence North 34 degrees 00 minutes 34
seconds- East along the centerline of said McHenry Road, 1128.06
feet, more or less, to a point that is 866.91 feet Southwesterly
of, as measured along said centerline, the point of intersection
of said centerline and the North line of Section 3; thence South
55 degrees 59 minutes 26 seconds East, 50.0 feet, to a point of
curve; thence Southeasterly along a curved line concave
Southwesterly and having a radius of 6615.129 feet for an arc
distance of 222.06 feet, to a point of reverse curve; thence
Southeasterly along a curved line concave Northeasterly and
having a radius of 6495.13 feet, for an arc distance of 98.02
feet; thence North 34 degrees 00 minutes 34 seconds East, 515.39
feet; thence South 55 degrees 59 minutes 26 seconds East, 120.0
feet; thence South 69 degrees 49 minutes 43 seconds East, 61.79
feet; thence South 55 degrees 59 minutes 26 seconds East, 840.0
feet; thence South 13 degrees 52 minutes 27 seconds East, 80.89
feet; thence South 55 degrees 59 minutes 26 seconds East, 120.0
feet; thence South 21 degrees 14 minutes 16 seconds West, 100.0
feet; thence South 14 degrees 36 minutes 43 seconds East, 281.54
feet; thence South 0 degrees 17 minutes 50 sec-onds East, 168.16
feet; thence North 89 degrees 42 minutes 10 seconds East, 780.90
feet, morE! or less, to a point on the Westerly right of way of
aforesaid Railway; thence South 29 degrees 39 minutes 34 seconds
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EXHIBIT "A", (con't)
PROPERTY BEING ANNEXED
West, along said right of way, 207.76 feet, to the point of
beginning, (excepting therefrom those parts described as follows:
that parcel conveyed by George Erber, Sr., and wife to Kenneth
Johnson and his wife, by warranty deed dated June 30, 1954 and
recorded as Document No. 280315; also that part conveyed by
George Erber and wife, to James J. Hunter and wife, by warranty
deed dated September 5, 1956 and recorded as Document No. 312374;
also that part conveyed by George Erber and wife, to James J.
Hunter and wife by warranty deed dated August 22, 1966 and
recorded as Document No. 462775), all in McHenry County,
Illinois. Containing 50.50 acres, more or less.
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