HomeMy WebLinkAboutOrdinances - O-88-463 - 06/23/1988 - AUTHORIZE ANNEX AGMT WOODED RIDGE SUB 10 ACRES88R 042069
ORDINANCE NO. 0-88-463
AN ORDINANCE PROVIDING FOR APPROVAL OF AN ANNEXATION
AGREEMENT BETWEEN THE CITY OF MCHENRY,
MCHENRY, ILLINOIS, MCHENRY STATE BANK, AS
AGREEMENTS KNOWN AS TRUST
NOS. 1446 AND 1448, AND RONALD BYKOWSKI
WHEREAS, the MCHENRY STATE BANK, as Trustee under
Trust No. 1446 , 3510 Elm Street, McHenry, Illinois 60050, is
the record owner of the following described real estate,
(hereinafter, "Subject Property"):
The West Half of the West 737.90 feet of the South 19 acres
of the North 28 acres of the Northeast Quarter of the
Southwest Quarter of Section 21, Township 45 North, Range 8
East of the Third Principal Meridian, in McHenry County,
Illinois.
WHEREAS, the MCHENRY STATE BANK, as Trustee under
Trust No. 1448 , 3510 Elm Street, McHenry, Illinois 60050, is
the record owner of the following described real estate,
(hereinafter, "Subject Property"):
The East Half of the West 737.90 feet of the South 19 acres
of the North 28 acres of the Northeast Quarter of the
Southwest Quarter of Section 21, Township 45 North, Range 8
East of the Third Principal Meridian, in McHenry County,
Illinois.
WHEREAS, RONALD BYKOWSKI, 3719 West Elm Street,
McHenry, Illinois 60050, is the sole owner of the entire
beneficial interest in Trust Nos. 1446 and 1448, at the MCHENRY
STATE BANK aforesaid; and
WHEREAS, Said real estate is contiguous to the �
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corporate limits of the City of McHenry, Illinois; and C:)
PREPARED BY: c�
Dan Curran
Holmstrom & Green 1
8600 Route 14 co
Crystal Lake, IL. 60012 00
WHEREAS, Notice of a public hearing was published in
the Northwest Herald, a newspaper of general circulation in the co
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City of mcHenry, within the time provided by law, notifying the
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public of a hearing on said proposed Annexation Agreement which -P-
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was held before the corporate authorities of the City of mcHenry, C�
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McHenry County, Illinois, on the 23rd day of June, 1988 at 8:00
PM; and
WHEREAS, the corporate authorities of the City of
McHenry have held the hearing required by law and have found that
the entry into said Annexation Agreement will not be detrimental
to the public health, welfare or safety of the inhabitants of
the City of McHenry, McHenry County, Illinois.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS:
SECTION I: The Annexation Agreement bearing the
date of the 23rd day of June, 1988, by and between the City of
McHenry, McHenry County, Illinois and McHENRY STATE BANK, as
Trustee under Trust Nos. 1446 and 1448 and RONALD BYKOWSKI,be and
the same is hereby approved, and the Mayor and the City Clerk are
hereby authorized and directed to execute and attest,
respectively, said Agreement in behalf of the City. A full,
true, complete and accurate copy of said Annexation Agreement is
attached to this Ordinance and is incorporated herein by
reference as Exhibit No. 1.
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88-43-0751
SECTION II. This Ordinance shall be known as
Ordinance No. 0-88-463 and shall be in full force and effect from
and after its passage and approval as required by law. co
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PASSED this 231d day of June, 1988 c:3�
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AYES: 6
NAYS: 0
ABSTAIN: 0
ABSENT: 2
Approved this 23rd day of June, 1988.
01974G/1
CITY OF McHENRY
By.
-3- 88-43-0752
88R 042069 RLCEIVED
STATE OF ILLINOIS ) JUN 1 71988
COUNTY OF McHENRY )
CITY OF McHENRY ) CITY OF McHENRY
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this 23rd day
of June
, 1988, by and between the CITY OF
McHENRY, a municipal corporation, in the State of Illinois
(hereinafter referred to as the "City"), and the McHENRY STATE
BANK, as Trustee under Trust Nos. 1446 and 1448, 3510 West Elm
Street, McHenry, Illinois 60050, and RONALD BYKOWSKI, 3719 West
_Elm Street, McHenry, Illinois 60050 (hereinafter referred to
collectively as "Owners"):
WITNESSETH;
WHEREAS, the McHENRY STATE BANK, as Trustee under
Trust No. 1446, 3510 Elm Street, McHenry, Illinois 60050, is
the record owner of the following described real estate,
(hereinafter, "Subject Property"):
The West Half of the West 737.90 feet of the South 18
acres of the North 28 acres of the Northeast Quarter of
the Southwest Quarter of Section 21, Township 45 North,
Range 8 East of the Third Principal Meridian, in McHenry
County, Illinois.
WHEREAS, the McHENRY STATE BANK, as Trustee under
Trust No. 1448, 3510 Elm Street, McHenry, Illinois 60050, is
i8l--43-0753
the record owner of the following described real estate,
(hereinafter, "Subject Property"):
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The East Half of the West 737.90 feet of the South 18 Cb
acres of the North 28 acres of the Northeast Quarter of
the Southwest Quarter of Section 21, Township 45 North, O
Range 8 East of the Third Principal Meridian, in McHenry .�-
county, Illinois. N
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WHEREAS, RONALD BYKOWSKI, 3719 West Elm Street, to
McHenry, Illinois, 60050, is the sole owner of the entire
beneficial interest in Trust Nos. 1446 and 1448, at the McHENRY
STATE BANK; and,
WHEREAS, the Subject Property constitutes territory
which is contiguous to and may be annexed to the CITY OF
McHENRY, ILLINOIS, as provided in Article 7 of the Illinois
Municipal Code (Chapter 24, Illinois Revised Statutes, 1987);
and,
WHEREAS, the Owners of said property intend to
develop said real estate in accordance with the terms and
provisions of this Annexation Agreement and the Ordinances of
the CITY OF McHENRY; and,
WHEREAS, the Subject Property is located within the
McHenry Fire Protection District, the McHenry Township Road
District, and the McHenry Public Library District; and,
WHEREAS, the Trustees of said Districts as well as
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88-43-0754
the McHenry Township Highway Commissioner and the McHenry
Township Trustees and Supervisor, were notified by Certified
Mail at least ten (10) days in advance of any action taken with
respect to the Annexation of said property; and, CD
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WHEREAS, an affidavit that said notice was served in
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accordance with the applicable statute was filed with the City C:)
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of McHenry, and has been filed with the Recorder of Deeds of %D
McHenry County, Illinois; and,
WHEREAS, said Owners desire to have said property
annexed to the City of McHenry, upon certain terms and -
conditions herein set forth; and,
WHEREAS, the Corporate Authorities of the City of
McHenry, after due and careful consideration, have concluded
that the annexation of said real estate to the City would
further the growth of the city, enable the City to control the
development of the area, and serve the best interests of the
City; and,
WHEREAS, pursuant to the provisions of Section
11-15.1-1 et seq., of the Illinois Municipal Code, (Chapter 24,
Illinois Revised Statutes, 1985), a proposed Annexation
Agreement was submitted to the Corporate Authorities of the
City of McHenry, and a public hearing was held thereon before
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88-43-0755
the City Council of the City of McHenry, pursuant to notice, as
provided by Statute, of the State of Illinois.
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NOW, THEREFORE, in consideration of the mutual
covenants contained herein, IT IS HEREBY AGREED BY AND BETWEEN -9-
THE CITY AND THE OWNERS AS FOLLOWS:
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(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, 1987); that said statutory provisions provide for
annexation agreements to be entered into between owners 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 (Chapter 24,
Illinois Revised Statutes, 1987), in regard to publication and
notice have been met prior to the date fixed for the hearing on
the proposed Agreement.
(2) That this Agreement is entered into after
a public hearing before the Corporate Authorities of the City
of McHenry, which hearing was 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 Subject Property to the City of
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88-43-0756
McHenry, Illinois, upon the terms and conditions described in
this Agreement.
(4) That the Owners of the Subject Property
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have filed with the City Clerk of the City of McHenry, a proper GO
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Petition for Annexation conditioned upon the terms and o
provisions of this Agreement to annex the real estate referred N
to previously as described hereinbefore. ON
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(5) That the Corporate Authorities, contem-
poraneously with the execution of this Agreement will, pursuant
to the Petition for Annexation filed herein, enact an Ordinance
annexing the Subject Property as previously legally described
herein, and also any adjacent property, as required by law.
(6) That the Subject Property is located
outside the Corporate Limits of the city of McHenry, in the
County of McHenry and State of Illinois.
(7) That contemporaneously with the annexation
of said property to the CITY OF McHENRY, the Corporate
Authorities shall adopt an Ordinance or Ordinances amending the
provisions of the Zoning Ordinance of the CITY OF McHENRY, and
the Comprehensive Plan of said City, so as to provide said
property to be classified 'IRS-1" SINGLE FAMILY RESIDENCE in
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88-43-0757
accordance with the terms of this Annexation Agreement and the
provisions of the CITY OF McHENRY ZONING ORDINANCE. m
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In addition, the Preliminary and Final Plats of Cp
subdivision dated September 23, 1987 and April 26, 1988 N
respectively, shall be approved and executed by the Corporate
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Authorities concurrent herewith.
(8) In lieu of any bond or cash escrow
required by any Ordinance of the City in connection with the
improvement or development of the Subject Property, the Owners,
their agents, assigns, or successors may guarantee their
performance or fulfillment of any such requirements by
submitting to the City an irrevocable letter of credit, in a
form that is acceptable to the City, drawn on a bank or savings
and loan association in the Chicago -Metropolitan area having
stated assets of not less than Thirty Million ($30,000,000.00)
Dollars in favor of the signatory.
In addition, the City agrees that the Owners and
their assigns shall not be required to post the aforesdescribed
letter of credit, bond, or similar assurance concurrent with
the submission of final Plats of Subdivision for the City's
review. However, the final Plats of Subdivision shall be
reviewed by the City and its Commissions, and the City of
McHenry may approve said Plats but shall not be obligated to
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88-43-0758
execute said Final Plat or Plats of Subdivision until a
mutually acceptable letter of credit, bond, or similar
assurance guaranteeing the construction of the required land
improvements is delivered to the City. O
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(9) The City agrees that after a final plat of C%
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subdivision is recorded and the aforedescribed guarantee is
delivered to and accepted by the City, the Owners shall not be
required to construct all on -site improvements prior to the
issuance of building permits for individual lots included
within said final plat. Rather, the Owners shall be allowed to
construct the on -site land improvements in stages as the
development of the Subject Property progresses and obtain
building permits for construction of single family homes on
individual lots concurrent with the construction of the on -site
improvements. It is expressly understood and agreed by Owners,
however, that no occupancy permit will be issued by the City
for any residence until all of the public improvements
servicing such residence have been installed and accepted by
the corporate authorities of the City.
(10) Notwithstanding the City's Subdivision
Ordinances, the City agrees that the Owners shall be under no
obligation to construct or dedicate any subdivision roads, or
dedicate any subdivision easements to the City until a Final
Plat of Subdivision encompassing the subject area in which the
roads, dedications or improvements are located has been
approved by the City, executed and recorded. Upon such
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88-43-0759
approval, roads, improvements and dedications included in the
final plat shall be constructed by the Owners, as hereinafter
provided.
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(11) No change, modification or any ordinance, code
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or regulation shall be applied during the term of this .�
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Agreement so as to affect the zoning classification of the O
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Subject Property, the Bulk Regulations, and the uses permitted to
thereunder by the Zoning Ordinance of the city of McHenry in
effect as of the date of this Agreement. Except as modified by
the terms and provisions of this Agreement, the Owners shall
comply in all respects with the conditions and requirements of
_all Ordinances of the City applicable against similar property
within the City as they may exist from time to time including,
but not limited to, those requiring the issuance of permits or
the payment of fees for development of the Subject Property
subsequent to annexation to the city, provided, however,
notwithstanding any other provision of this Agreement, that if
there are changes of said Ordinances, regulations, or codes
which are less restrictive in their application to similarly
situated and zoned lands, then the Owners shall be entitled to
like treatment with respect to subject properties being annexed
herewith.
(12) The Owners agree to reimburse the City for
all attorney's fees, zoning fees and other fees and expenses
incurred by the City arising out of this Agreement. In the
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88-43-0160
event that this Agreement or the Annexation of the subject
Property is attacked by Third -Party litigation, the "Owners"
herein shall hold the City harmless of any and all expenses and co
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costs of such litigation, including but not limited to,
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attorneys fees, witness fees, deposition expenses, court costs, �-
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etc. All of the aforesaid fees shall be payable at the time O
requested by the City. to
(13) It is understood and agreed by 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 by the parties
that the successful consummation of this Agreement requires
their continued cooperation.
(14) This Agreement is binding upon the parties
hereto, and their respective successors and assigns for a full
term of twenty (20) years commencing, as of the date hereof, as
provided by statute, and to the extent permitted thereby, it is
agreed that in the event that the annexation of the Owners'
real estate or the terms of this Agreement are challenged in
any court proceeding, the period of time during which such
litigation is pending shall not be included in the calculation
of said twenty (20) year period.
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88-43-0761
(15) If any provision of this Agreement is
declared invalid or illegal by a court of competent
jurisdiction, then said provision shall be excised herefrom and
the remainder of the Agreement shall not be affected thereby. co
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(16) The covenants and agreements contained in =1
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this Agreement shall be deemed to be covenants running with the C>
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land during the term of this Agreement and shall inure to the %D
benefit of and be binding upon the Owners, their heirs,
successors and assigns and the City, its Corporate Authorities,
and their successors in office and be enforceable by order of
Court pursuant to its provisions and the applicable Statutes of
the State of Illinois. No action on this Agreement may be
litigated by any party hereto, their successors or assigns, in
any Federal Court.
(17) It is understood and agreed that
contemporaneously with the recording of the Final Plat of
Subdivision the Owner shall record covenants on the proposed
development - "Wooded Ridge Subdivision" - which are
substantially similar to those recorded on the adjacent
subdivision, namely Martin Woods Unit No. 1; owners shall
furnish copies of the aforesaid existing and proposed covenants
to the City for its approval prior to the recording of the
Final Plat of Subdivision.
(18) The parties hereto agree that the
Annexation fee due the City as a result of this Annexation
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88-43-0762
shall be the sum of $4SWf6V per acre, payable at the time of
Annexation plus an additional fee of $30,per residential
unit payable at the time of issuance of a building permit for
the unit. co
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IN WITNESS WHEREOF, the Corporate Authorities and N)
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the Owners hereunto set their hands and seals, and have caused O%
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this instrument to be executed by their duly authorized
officials and the corporate seal attached hereto, all on the
day and year first above written.
CITY OF McHENRY, a Municipal
Corporation
BY:
Attest:
City Clerk
( SEAL)
Approved as to form:
City Attorney
Prepared by:
Daniel F. Curran
HOLMSTROM & GREEN, P. C.
145 Virginia Street
Crystal Lake, Illinois 60014
(815) 459-8440
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88-43-0763
PETITIONER:
STATE OF ILLINOIS )
COUNTY OF McHENRY )
9.
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.. RONALD BYKOWSKI, being first duly sworn upon his
oath, deposes and says that he has read the above and foregoing
Annexation Agreement by him subscribed; that he has personal
knowledge of the contents thereof and that the contents thereof
are true in substance and in fact.
Subscribed and sworn to
before me this��
day of
1988.
"OFFICIAL SEAL"
JOAN b1AR±H
No" Public, Aft of Illi"*
W4 C&WWS" Emko 12/17/90
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88-43-0764
McHENRY STATE BANK, AS TRUSTEE
UNDER TRUST 1446
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Trust f
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Attest:
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STATE OF ILLINOIS )
COUNTY OF McHENRY )
Signed by the McHENRY STATE BANK, as Trustee under
Trust No. 1446, and not personally, but solely as Trustee under
a certain Trust Agreement. Said Trust Agreement is hereby made
a part thereof and any claims against said Trustee which may
result from the signing of this Annexation Agreement shall be
payable only out of any trust property which may be held
thereunder, and said Trustee shall not be personally liable for
the performance of any of the terms and conditions of this
Annexation Agreement or for the validity or condition of the
title of said property or for any agreement with respect
thereto. Any and all personal liability of the McHENRY STATE
_BANK, is hereby expressly waived by the parties hereto and
their respective successors and assigns.
McHENRY STATE BANK, as Trustee under
Trust No,--1446
BY:
Attest:
STATE OF ILLINOIS
COUNTY OF McHENRY
t Officer
I, the undersigned, a Notary Public in and for the
County and State aforesaid, do hereby certify that the
foregoing Philip S. King and Gerald Helt
Vice Pres & Sr. Trust Otticer and, . I __A:y= bhe ftust
Otfiver—aiii Trust Officer of the McHENRY STATE BANK,
as Trustee aforesaid, personally known to me to be the same
persons whose names are subscribed to the foregoing instrument
as said Trust Officer and Assists Trust Officer,
respectively, appeared before me this day in person and
severally acknowledged that they signed and delivered said
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88-43-0765
instrument as their own free and voluntary act of said Trustee
for the uses and purposes therein set forth, and that said
Trust Officer then and there acknowledged that he, as custodian 00
of the Corporate Seal of said Trustee, caused the Corporate co
Seal to be affixed to said instrument as said Trust Officer's
own free and voluntary act and as the free and voluntary act of
the National Banking Association for the uses and purposes
therein set forth. /
Notary Public
My Commission Expires: G- - JIIJ- 5 :� —
01501G
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88-43-0766
McHENRY STATE BANK, AS TRUSTEE
UNDER TRUST NOy3448
Trust Of L m
4Attest: CD
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STATE OF ILLINOIS )
COUNTY OF McHENRY ) p
Signed by the McHENRY STATE BANK, as Trustee under %0
Trust No. 1448, and not personally, but solely as Trustee under
a certain Trust Agreement. Said Trust Agreement is hereby made
a part thereof and any claims against said Trustee which may
result from the signing of this Annexation Agreement shall be
payable only out of any trust property which may be held
thereunder, and said Trustee shall not be personally liable for
the performance of any of the terms and conditions of this
Annexation Agreement or for the validity or condition of the
title of said property or for any agreement with respect
thereto. Any and all personal liability of the McHENRY STATE
..BANK, is hereby expressly waived by the parties hereto and
their respective successors and assigns.
McHENRY STATE BANK, as Trustee under
Tru
BY:
Att
STATE OF ILLINOIS
COUNTY OF McHENRY
I, the undersigned, a Notary Public in and for the
County and State aforesaid, do hereby certify that the
foregoing Philip S. King and Gerald Helt
Vi rtz PrPS _ X Sr Trust Officer and Y 3c ^niy ely the -ru- at
Of F =Ama4=sb8FWt Trust Officer of the McHENRY STATE BANK,
as Trustee aforesaid, personally known to me to be the same
persons whose names are subscribed to the foregoing instrument
as said Trust Officer and As*i*t Trust Officer,
respectively, appeared before me this day in person and
severally acknowledged that they signed and delivered said
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88-43-0767
instrument as their own free and voluntary act of said Trustee
for the uses and purposes therein set forth, and that said
Trust Officer then and there acknowledged that he, as custodian
of the Corporate Seal of said Trustee, caused the Corporate
Seal to be affixed to said instrument as said Trust Officer's
own free and voluntary act and as the free and voluntary act of G!
the National Banking Association for the uses and purposes 40
therein set forth. r
1�MJ
Notary Public
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My Commission Expires: 4� - JI) - 15-4r-I
01501G
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88-43-0768