HomeMy WebLinkAboutOrdinances - O-89-488 - 01/11/1989 - AUTHORIZE ANNEX AGMT GERSTAD BLDRS FIRST ADDN TO WAN 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 the pro-
perty contiguous to the City and owned by the HOME STATE BANK OF CRYSTAL LAKE,
as Trustee under Trust Agreement dated February 15, 1973 and known as Trust
No. 1550, the McHENRY STATE BANK, as Trustee under Trust Agreement dated
,-? .FR_C N /9 , 19ZI 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 City Council of the City of McHenry,
McHenry County, Illinois, as follows:
1. That the attached Annexation Agreement is hereby approved and the
Mayor be and he is hereby authorized and directed to sign, and the City Clerk
is directed to attest said attached "Annexation Agreement" dated .J,9A1V#iA Y
, 19L7.
2. That this Ordinance shall be in full force and effect from and after
its passage, approval and publication as required by law.
P-E PARED _� Y :
*TO e►jEy SAM �IAMOWD
3�t31 td. E:L#\
M et(,c pj I-Y, ) L 0 asv
R�coReED 3-�0-8q
Approved this llth day of
January
, 1989 .
Voting Yea: Bolger, Lieder, McClatchey, Nolan, Patterson, Serritella, Smith, Teta
Voting Nay: None
Absent: None
Abstained• None
Not Voting: None
Passed this llth day of January , 1989 .
ATTEST:
CITY CLERK
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i ` l y� 1 -/ _7�t '-) I ,
ANNEXATION AGREEMENT
THIS AGREEMENT, made this __LL"day of-JAA/yq,Gy , 198_t, 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 collec-
tively as "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 76.69 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 Developer deem it to their mutual advantage
and in the public interest to cause the property to be annexed thereto.
Pursuant thereto, the Developer has submitted to the City Clerk a duly exe-
cuted Petition for Annexation, said Petition being contingent upon the execu-
tion of this Agreement, which may be modified by agreement of the parties
hereto, a plat of said territory to be annexed being attached thereto; and
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D. WHEREAS, the annexation of the portion of the property presently
lying in an 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 con-
tained, 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. ANNEXATION: That the corporate authorities of the City will, imme-
diately upon the approval of this Agreement, pursuant to the Petition for
Annexation heretofore filed, enact an ordinance annexing the property
described in Exhibit "A° and also any adjoining roads or highways to the oppo-
site 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-3", Medium -High Density,
Single Family Residential District.
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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. $38,345.00 upon the execution of this Annexation by the City,
(based on 76.69 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 (3rd) anniversary date of such
final Plat of Subdivision approval.
d. On January 11, 1994, the sum of $900.00 for each acre of
the premises legally described in the attached Exhibit "A" that
is not then platted in a recorded Plat of Subdivision.
6. FUTURE ORDINANCES, REGULATIONS AND FEES: Developer 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 Developer further agrees that any
such new or different ordinances, regulations and fees shall apply, in full,
and without 1:mitation 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. That the preliminary Plat of Subdivision of the subject premises,
which is attached hereto as Exhibit "B", (Winding Creek 5, First Addition), is
hereby approved.
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8. At the time that the final Plat of Subdivision of any part of the
premises described in the attached Exhibit "A" is approved by the City
Council, the Developer shall convey, or cause to be conveyed, to the City an
unencumbered title by recordable warranty deed to the five (5) acres of park
land that are depicted on the attached preliminary plat of Winding Creek 5,
First Addition. Prior to the delivery of said warranty deed, the Developer
shall furnish the City with a survey of said five (5) acres, then currently
certified by an Illinois Registered Land Surveyor, with all corners located,
monumented and staked, and also a title commitment for an owners title
insurance policy in the amount of $100,000.00 covering the title to said five
(5) acres on a date that is not less than 30 days prior to the date of said
conveyance to the City and showing title in the grantor subject only to ease-
ments, covenants, conditions and restrictions of record.
For each residential dwelling unit that is to be built upon the pre-
mises described in the attached Exhibit "A", the Developer shall pay to the
City a cash contribution for park purposes equal to 50% of the amount of the
cash contribution required by the City's Subdivision Control Ordinance for
park purposes in effect on the date that the premises for which said cash
contribution is owing is finally platted, with said contributions to be paid
in the manner and at the time specified in said Ordinance.
9. 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
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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, 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 restric-
tive 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 Developer, and
anything to the contrary contained herein notwithstanding, the Developer 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.
10. AMENDMENT BY MUTUAL CONSENT: The City and the Developer 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.
11. EXISTING AGRICULTURAL USES: Existing agricultural uses on the sub-
ject 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.
12. ENFORCEMENT REMEDIES: It is agreed that the parties to this
Agreement, or their assignees or successors in title, may enforce and compel
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the performance of this Agreement, or any provision thereof, or bring any
other action in connection with said Agreement of the subject premises, either
by 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.
13. CONTINUITY OF OBLIGATIONS: This Agreement shall inure to the benefit
of and be binding upon the assignees and successors in title of the Developer
and upon successor Corporate Authorities of the City.
14. 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 Developer:
1. The McHenry State Bank, as
Trustee under Trust No. 3941
3510 West Elm Street
McHenry, Illinois 60050
2. The Home State Bank of Crystal Lake, as
Trustee under Trust No. 1550
40 Grant Street
Crystal Lake, Illinois 60014
3. Gerstad Builders, Inc.
4318-C Crystal Lake Road
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.
15. RIGHT OF SALE BY DEVELOPER: It is specifically understood and agreed
that the Developer 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
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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
Developer 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.
16. SEPARABIITY 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.
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 Illinois ATTEST:
Municipal Corporation
By
Mayor William uss Barbara E. Gilpin, City Trk
McHENRY STATE BANK, as Trustee
�¢ under Trus No 3941
Q • -H 1
1' l
- By: ,
HOME STATE BANK OF CRYSTAL LAKE, as
Trustee under Trust No. 1550
BY
Trust Officer
o
stsm='H= GERST ; UILDERS, INC.
Donald L. Gerstad, resident
ATTEST:
ATTEST:
Sr. a &6sident & Trust Officer
ATTEST:
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DIAMOND, LESuEUR,
ROTH & ASSOc1ATES
ATTORNEYS
3-3- W ELM STREET
MCHENRY, ILLINOIS
8.5-36S•6840
EXHIBIT "AI'
LEGAL FOR GERSTAD BUILDERS, INC., 1988 WINDING CREEK 5
Of part of the Northeast Quarter of Section 3, and part of
the Northwest Quarter part of the Northwest Quarter of said
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 the point on
the North line of said Section 3 where the Westerly line of
the right of way of the Chicago and Northwestern Railway
Company intersects said North line, and running thence
Southerly along the Westerly line of said right of way to a
point 10 chains and 10 links (666.60 feet) North of the South
line of said Northwest Quarter of said Section 3; thence West
on a line parallel with, and 10 chains and 10 links (666.6d
feet) North of the South line of said Northwest Quarter of
said Section 3 and parallel with and 10 chains and 10 links
(666.60 feet) North of the South line of the Northeast
Quarter of said Section 4, 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 Northwesterly along said Southwesterly
line extended Southeasterly and along said Southwesterly
line, a distance of 549.36 feet to the center line of McHenry
Road; thence Northeasterly along said center line to the
North line of said Section 3; thence East along said North
line of Section 3 to the place of beginning. Excepting those
parts described as follows: 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 second West, along 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 seconds 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 West, along said right of way, 207.76 feet, to the
point of beginning, AND ALSO EXCEPTING that part conveyed by
George Erber, Sr., and wife to Roy W. Erber and wife, by
warranty deed dated June 30, 1954 and recorded as Document
280316, all in McHenry County, Illinois. Containing 76.69
acres, more or less.
JIAMONO, LESUEUR,
BOTH a ASSOCIATES
ATTORNEYS
343, W ELM STREET
Mr -HENRY. ILLINOIS
015-355-6640