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HomeMy WebLinkAboutOrdinances - O-88-460 - 06/23/1988 - AUTHORIZE ANNEX AGMT GERSTAD/MCHENRY SAND AND GRAVDIAMOND, LESUEUR $ ROTH, ASSOCIATES ATTORNEYS 3431 W ELM STREET MCHENRY ILLINOIS 815 365-6640 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN 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 McHENRY SAND & GRAVEL COMPANY, INC., 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 specifi- cally made a part hereof and incorporated herein; and j 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 June 23 1988 as to the property described on Exhibit "A" attached hereto. 2. That this Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. PASSED and APPROVED this 23rd day of June 1988. -1- 1.E VOTING YEA: Bolger, Lieder, Patterson, Serritella, Smith, Teta VOTING NAY: None ABSENT: Nolan, McClatchey ABSTAINED: None NOT VOTING• None ATTEST: ZZ, City Clerk DIAMOND, LESUEUR & ROTH, ASSOCIATES ATTORNEYS 3431 W ELM STREET MGHENRY ILLINOIS 615-385-6840 -2- EXHIBIT "A" PARCEL 1: The North 30 feet, (as measured along the East 452.18 feet, (as measured along the North line Quarter of Section 28, Township 45 North, Range Meridian, in McHenry County, Illinois. ALSO PARCEL 2': line thereof), of the East thereof), of the Northwest 8 East of the Third Principal Part of the Northwest Quarter of Section 28, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northeast corner of said Northwest Quarter and running thence South 00 degrees, 46 minutes, 25 seconds West, (bearing assumed), along the East line thereof, a distance of 30.00 feet to a point, for a place of beginning; thence continuing South 00 degrees, 46 minutes, 25 seconds West, along said East line, a distance of 274.07 feet; thence South 89 degrees, 08 minutes, 04 seconds West, parallel with the North line of said Northwest Quarter, a distance! of 452.18 feet; thence North 00 degrees, 46 minutes, 25 seconds East, parallel with the East line of said Northwest Quarter, a distance of 274.07 feet; thence North 89 degrees, 08 minutes, 04 seconds East, parallel with the North line of said Northwest Quarter, a distance of 452.18 feet to the point of beginning, in McHenry County, Illinois. ALSO PARCEL 3: Part of the Northwest Quarter of Section 28, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northeast corner of said Northwest Quarter, and running thence South 00 degrees 46 minutes, 25 seconds West, (bearing assumed), along the East line of said Northwest Quarter, a distance of 304.07 feet for a point of beginning; thence continuing South 00 degrees, 46 minutes, 25 seconds West, along said East line, a distance of 603.49 feet; thence North 89 degrees, 14 minutes, 50 seconds West, a distance of 452.00 feet; thence North 00 degrees, 46 minutes, 25 seconds East, parallel with the East line of said Northwest Quarter, a distance of 590.67 feet; thence North 89 degrees, 08 minutes, 04 seconds East, parallel with the North line of said Northwest Quarter, a distance of 452.18 feet to the point of beginning, in McHenry County, Illinois. DIAMOND. LESUEUR & ROTH ASSOCIATES ATTORNEYS 3431 W ELM STREET MCHENRY ILLINOIS 815 385-68.0 ANNEXATION AGREEMENT THIS AGREEMENT, made this 23rd day of June , 1988, by and between the CITY OF McHENRY, a municipal corporation of the State of Illinois, (hereinafter referred to as the "City"), THE McHENRY SAND & GRAVEL COMPANY, INC., a Delaware Corporation, and GERSTAD BUILDERS, INC., an Illinois Corporation (hereinafter referred to collectively as "Owner"). WITNESSETH: A. WHEREAS, the McHENRY SAND & GRAVEL COMPANY, INC., 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 9.4 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 1 1.5 the City Clerk a duly executed Petition for Annexation, said Petition being contingent upon the execution of this Annexation Agreement, which may be modified by agreement of the parties hereto; and D. WHEREAS, the annexation of the property presently lying in the 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, Libra^y 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). 2 2. ANNEXATION: That the corporate authorities of the City will immediately, upon the approval of this Agreement and pursuant to the Petition for Annexation heretofore filed, enact an ordinance annexing the property described in Exhibit "A" and also, if there are any adjoining roads or highways abutting the subject premises not already in the City, said Ordinance shall include the annexation of such roads as provided 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 11RM-11', Low -Density Multi -Family Residential District with a variation allowing up to 11 buildings with the total number of Rev. dwelling units not to exceed 33. 6/23/88 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 Owner shall pay the following annexation fees to the City: 6/23/88 $4,700.00 upon execution of this Agreement by the City, based on 9.4 acres; and the sum of $300.00 per dwelling unit at the time each application is made for a residential building permit on said premises. 6. FUTURE ORDINANCES, REGULATIONS AND FEES: Owner agrees that nothing contained in this Agreement is intended to limit, restrict or in any way 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 Owner 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 are 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 this Agreement, any existing, amended, modified, or new ordinances, codes, or regulations affecting the zoning, 4 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. AMENDMENT 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. 9. 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 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. 10. CONTINUITY OF OBLIGATIONS: This Agreement shall inure to the benefit of and be binding upon the assignees and successors in title of the Owner and upon successor Corporate 9 AuthoritiE's 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 extension thereof, in accordance with the provisions hereof. 11. 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: Mayor, City of McHenry 1111 North Green Street McHenry, Illinois 60050 For the Owner: GERSTAD BUILDERS, INC. 4318 C Crystal Lake Road McHenry, Illinois 60050 McHENRY SAND & GRAVEL COMPANY, INC. .1819 North Dot Street McHenry, Illinois 60050 The signed return receipt or an affidavit of mailing or proof of service shall be sufficient proof of delivery for all purposes. 12. EIGHT 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 6 obligations as the Owner has under this Agreement. Provided, however, that improvements, 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. 13. 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. 14. EASEMENT: Owner agrees to provide the City with such easements as the City deems satisfactory for sanitary sewer, water and utilities. 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 ll'nois m i ipal corporation, By: 1/ MAYOR ILLIAM BUSSE ATTEST: City Clerk 7 EXHIBIT "A" PARCEL 1: The North 30 feet, (as measured along the East line thereof), of the East 452.18 feet, (as measured along the North line thereof), of the Northwest Quarter of Section 28, Township 45 North, Range 8 East of the Third Principal Meridian, in McHenry County, I11ino15. ALSO PARCEL 2: Part of the Northwest Quarter of Section 28, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northeast corner of said Northwest Quarter and running thence South 00 degrees, 46 minutes, 25 seconds West, (bearing assumed), along the East line thereof, a distance of 30.00 feet to a point, for a place of beginning; thence continuing South 00 degrees, 46 minutes, 25 seconds West, along said East line, a distance of 274.07 feet; thence South 89 degrees, 08 minutes, 04 seconds West, parallel with the North line of said Northwest Quarter, a distance of 452.18 feet; thence North 00 degrees, 46 minutes, 25 seconds East, parallel with the East line of said Northwest Quarter, a distance of 274.07 feet; thence North 89 degrees, 08 minutes, 04 seconds East, parallel with the North line of said Northwest Quarter, a distance of 452.18 feet to the point of beginning, in McHenry County, Illinois. ALSO PARCEL 3: Part of the Northwest Quarter of Section 28, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northeast corner of said Northwest Quarter, and running thence South 00 degree!. 46 minutes, 25 seconds West, (bearing assumed), along the East line of said Northwest Quarter, a distance of 304.07 feet for a point of beginning; thence continuing South 00 degrees, 46 minutes, 25 seconds West, along said East line, a distance of 603.49 feet; thence North 89 degrees, 14 minutes, 50 second, West, a distance of 452.00 feet; thence North 00 degrees, 46 minutes, 25 seconds East, parallel with the East line of said Northwest Quarter, a distance of 590.67 feet; thence North 89 degrees, 08 minutes, 04 seconds East, parallel with the North line of said Northwest Quarter, a distance of 452.18 feet to the point of beginning, in McHenry County, Illinois. GIAMONo. LCSuCUF Fi RO-H. A3Z,OC1A'CS A770kNLYi ).). W "M �TRCCT MC,HCNHY. ILLIN015 0.:1-30J•00^0 m :GERSSTBUILDERS, INC a-2- ATTEST: DONALD GERSTAD 4 ' :McHENRY1 SAND GRAVEL COMPANY, INC By: ATTEST: