Loading...
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 � r-• 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 co City of mcHenry, within the time provided by law, notifying the =D public of a hearing on said proposed Annexation Agreement which -P- tV was held before the corporate authorities of the City of mcHenry, C� O1 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. -2- 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 c4 PASSED this 231d day of June, 1988 c:3� N d G1 to 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"): co 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 CA 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 -2- 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 aD WHEREAS, an affidavit that said notice was served in N accordance with the applicable statute was filed with the City C:) Cn 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 -3- 0 88-43-0755 the City Council of the City of McHenry, pursuant to notice, as provided by Statute, of the State of Illinois. co CD =D 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: crt (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 -4- 88-43-0756 McHenry, Illinois, upon the terms and conditions described in this Agreement. (4) That the Owners of the Subject Property GD have filed with the City Clerk of the City of McHenry, a proper GO �D 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 to (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 511 88-43-0757 accordance with the terms of this Annexation Agreement and the provisions of the CITY OF McHENRY ZONING ORDINANCE. m ... 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 4D 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 -6- 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 N CO (9) The City agrees that after a final plat of C% IUD 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 -7- 88-43-0759 approval, roads, improvements and dedications included in the final plat shall be constructed by the Owners, as hereinafter provided. m c0 (11) No change, modification or any ordinance, code 0 or regulation shall be applied during the term of this .� N Agreement so as to affect the zoning classification of the O C% 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 -8- 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 GD costs of such litigation, including but not limited to, O attorneys fees, witness fees, deposition expenses, court costs, �- N 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. -9- 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 co (16) The covenants and agreements contained in =1 (V this Agreement shall be deemed to be covenants running with the C> C% 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 -10- 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 00 �7 O .91 IN WITNESS WHEREOF, the Corporate Authorities and N) O the Owners hereunto set their hands and seals, and have caused O% to 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 -11- 88-43-0763 PETITIONER: STATE OF ILLINOIS ) COUNTY OF McHENRY ) 9. O N 0 KI CM %D .. 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 -12- 88-43-0764 McHENRY STATE BANK, AS TRUSTEE UNDER TRUST 1446 m S OD Trust f O Attest: N 0 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 -13- 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 -14- 88-43-0766 McHENRY STATE BANK, AS TRUSTEE UNDER TRUST NOy3448 Trust Of L m 4Attest: CD O -Sr 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 -15- 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 C) My Commission Expires: 4� - JI) - 15-4r-I 01501G ,16- 88-43-0768