HomeMy WebLinkAboutOrdinances - O-89-508 - 08/30/1989 - APPROVE ANNEX AGRMT BURNING TREE SUB 75 ACRES9277A
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ORDINANCE NO. 0-89-508
AN ORDINANCE PROVIDING FOR THE APPROVAL OF A PROPOSED
ANNEXATION AGREEMENT BETWEEN THE CITY OF McHENRY, McHENRY
COUNTY, ILLINOIS, AND JOHN N. FIALI AND ROBERTA N. FIALI,
AND MAYWOOD-PROVISO STATE BANK, AS TRUSTEE UNDER THE PROVISIONS
OF A TRUST AGREEMENT DATED THE 12TH DAY OF JANUARY, 1989,
AND KNOWN AS TRUST NO. 8029, AND ITS SOLE BENEFICIARY, FOXFIRE
DEVELOPMENT CO., AN ILLINOIS CORPORATION, AND C. F. LANGILLE
WHEREAS, JOHN N. FIALI AND ROBERTA N. FIALI are the record
owners of a certain parcel of real estate described as follows:
OVERALL LEGAL DESCRIPTION
THE WEST 40 ACRES OF THE NORTH 100 ACRES OF SECTION 32,
TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL
MERIDIAN; ALSO, THE NORTH HALF OF THE NORTHEAST QUARTER
(EXCEPTING THEREFROM THE SOUTH 510 FEET THEREOF; THE NORTH
289.9 FEET OF THE SOUTH 799.9 FEET OF THE EAST 1285 FEET
THEREOF; THE NORTH 60 FEET OF THE SOUTH 570 FEET OF THE WEST
400 FEET OF THE EAST 1685 FEET THEREOF; ALSO, STARTING AT
THE NORTHWEST CORNER OF THE SOUTH 510 FEET THEREOF; THENCE
NORTH ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION
31, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL
MERIDIAN 474.47 FEET; THENCE EAST PERPENDICULAR TO THE LAST.
DESCRIBED COURSE 412.29 FEET; THENCE SOUTH PERPENDICULAR
TO THE LAST DESCRIBED COURSE 470.07 FEET TO A POINT ON THE
NORTH LINE OF THE SOUTH 510 FEET THEREOF; THENCE WEST ALONG
SAID LINE 412.32 FEET TO THE NORTHWEST CORNER OF THE SOUTH
510 FEET THEREOF) OF SECTION 31, TOWNSHIP 45 NORTH, RANGE
8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN McHENRY COUNTY,
ILLINOIS.
PARCEL 1
THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP
45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN
(EXCEPTING THEREFROM THE SOUTH 510 FEET THEREOF; THE NORTH
289.9 FEET OF THE SOUTH 799.9 FEET OF THE EAST 1285 FEET
THEREOF; THE NORTH 60 FEET OF THE SOUTH 570 FEET OF THE WEST
400 FEET OF THE EAST 1685 FEET THEREOF; ALSO, STARTING AT
THE NORTHWEST CORNER OF THE SOUTH 510 FEET THEREOF`; THENCE
NORTH ALONG THE WEST LINE OF THE NORTHEAST QUARTER 474.47
FEET; THENCE EAST PERPENDICULAR TO THE LAST DESCRIBED COURSE
412.29 FEET; THENCE SOUTH PERPENDICULAR TO THE LAST DESCRIBED
COURSE 470.07 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH
510 FEET THEREOF; THENCE WEST ALONG SAID LINE 412.32 FEET
TO THE NORTHWEST CORNER OF THE SOUTH 510 FEET THEREOF; ALSO,
STARTING AT THE NORTHEAST CORNER OF SAID SECTION; THENCE
WEST ALONG 'j.HE NORTH LINE H SECTION 844.27 FEET; THENCE
SOUTH PARALLEL TO THE EAST LINE OF SAID SECTION 514.58 FEET
TO A POINT ON THE NORTH LINE OF THE SOUTH 799.9 FEFT OF THE
NORTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION; THENCE
EAST ALONG SAID LINE 844.23 FEET TO A POINT ON THE EAST LINE
OF SAID SECTION; THENCE NORTH ALONG THE EAST LINE OF SAID
SECTION 518.28 FEET TO THE NORTHEAST CORNER OF SAID SECTION)
IN McHENRY COUNTY, ILLINOIS.
PARCEL 2
BEGINNING AT THE NORTHEAST CORNER OF SECTION 31, TOWNSHIP
45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE
WEST ALONG THE NORTH LINE OF SAID SECTION 844.27 FEET; THENCE
SOUTH PARALLEL WITH THE EAST LINE OF SAID SECTION 514.58
FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 799.9 FEET
OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION;
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THENCE EAST ALONG SAID LINE 844.23 FEET TO A POINT ON THE
EAST LINE OF SAID SECTION; THENCE NORTH ALONG THE EAST LINE
OF SAID SECTION 518.28 FEET TO THE PLACE OF BEGINNING; ALSO,
THE WEST 15 ACRES OF THE NORTH 100 ACRES OF SECTION 32,
TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL
MERIDIAN, IN McHENRY COUNTY, ILLINOIS.
PARCEL 3
THE EAST 25 ACRES OF THE WEST 40 ACRES OF THE NORTH 100 ACRES
OF SECTION 32, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN, IN McHENRY COUNTY, ILLINOIS.
located on the East side of Ridge Road at its intersection with
Valley Hill Road in McHenry Township, McHenry County, Illinois;
WHEREAS, the MAYWOOD-PROVISO STATE BANK, as Trustee under
the provisions of a Trust Agreement dated the 12th day of January,
1989, and known as Trust No. 8029, and its sole beneficiary, FOXFIRE
DEVELOPMENT CO., an Illinois corporation, and C. F. LANGILLE,
are the contract purchasers of the real estate described as Parcels
1, 2, and 3, which contract is contingent upon the annexation
and zoning of said property;
WHEREAS, FOXFIRE DEVELOPMENT CO., an Illinois corporation,
is the owner of the entire undivided one hundred percent (100%)
beneficial interest in the aforesaid MAYWOOD-PROVISO STATE BANK
TRUST NO. 8029;
WHEREAS, a portion of the real estate described as Parcels
1, 2, and 3 is contiguous to the corporate limits of the City
of McHenry, Illinois; and
WHEREAS, notice of public hearing was published in the McHENRY
PLAINDEALER, a newspaper of general circulation published in the
City, within the time provided by law, notifying the public of
a hearing on said proposed Annexation Agreement to be held before
the Corporate Authorities of the City of McHenry, McHenry County,
Illinois, on the 30rtH day of V g , 19 89, at 8'- 0 o f'M
and
WHEREAS, the Corporate Authorities of the City of McHenry
have held the hearing as required by law and have found the entry
into said Agreement will not be detrimental to the public health,
welfare, or safety of the inhabitants of the City of McHenry,
McHenry County, Illinois;
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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 3 or H day
of VGuST , 1985, by and between the City of McHenry, a municipal
corporation in the State of Illinois, and JOHN N. FIALI and ROBERTA
N. FIALI, and MAYWOOD-PROVISO STATE BANK, as Trustee under the
provisions of a Trust Agreement dated the 12th day of January,
1989, and known as Trust No. 8029, and its sole beneficiary, FOXFIRE
DEVELOPMENT CO., an Illinois corporation, and C. F. LANGILLE,
be and the same is hereby approved. A complete and accurate copy
of said Annexation Agreement is attached to this Ordinance and
incorporated herein by reference as Exhibit "A".
SECTION II: The Mayor and City Clerk of the City of McHenry
are authorized to affix their signatures as Mayor and City Clerk
of said City to said Agreement for the uses and purposed therein
set forth.
SECTION III: This Ordinance shall be known as Ordinance
No. 0-89-508and shall be in full force and effect immediately after
its passage and approval as reuqired by law.
PASSED by a two-thirds (2/3rds) majority of the Corporate
Authorities of the City of McHenry and approved by me this 30th
day of August , 19 89.
AYE: Bolger, Donahue, Lieder, McClatchey, Patterson, Smith
NAY: Te
ABSTAIN: None
ABSENT:— Serri tel 1 a
APPROVED this 30th day of August ► 19-U.
ATTEST: '
6• .
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY 0 MCHENRY
By:
Its Mayor
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RECEIVED
ANNEXATION AGREEMENT J A N 0 81990
CITY OF WHENRY
This Agreement made and entered into this 30th day of August,
1989, by and between the CITY OF McHENRY, a municipal corporation
in the State of Illinois, (hereinafter referred to as "CITY"),
by and through its Mayor and Members of the City Council,
(hereinafter collectively referred to as "CORPORATE AUTHORITIES"),
JOHN N. FIALI AND ROBERTA N. FIALI, (hereinafter collectively
referred to as "OWNER"), and MAYWOOD-PROVISO STATE BANK, as Trustee
under the provisions of a Trust Agreement dated the 12th day of
January, 1989, and known as Trust No. 8029, and its sole
beneficiary, FOXFIRE DEVELOPMENT CO., an Illinois corporation,
and C. F. LANGILLE, (hereinafter collectively referred to as
"DEVELOPER").
WITNESSETH:
WHEREAS, JOHN N. FIALI and ROBERTA N. FIALI are the owners
of record of a certain parcel of real estate, the legal description
of which is set forth in Exhibit "A" attached hereto and made
a part hereof by reference and which is hereinafter referred to
in its entirety as Exhibit "A"; and
WHEREAS, the parcel of real estate described in Exhibit "A"
currently owned by JOHN N. FIALI and ROBERTA N. FIALI is the subject
of an Agreement and Option to Purchase Real Estate dated the 4th
day of February, 1989, and executed by said JOHN N. FIALI and
ROBERTA N. FIALI, Seller, and C. F. LANGILLE, Purchaser, which
said Agreement and Option to Purchase Real Estate on February
4, 1989, was assigned by C. F. LANGILLE to the MAYWOOD-PROVISO
STATE BANK, as Trustee under the provisions of a Trust Agreement
dated the 12th day of January, 1989, and known as Trust No. 8029,
and its sole beneficiary, FOXFIRE DEVELOPMENT CO., an Illinois
corporation, and in consequence of the aforesaid Agreement and
Option to Purchase Real Estate, it is understood and agreed that,
upon annexation of said real estate, the performance of the
obligations hereunder shall be the responsibility of FOXFIRE
DEVELOPMENT CO., an Illinois corporation, and C. F. LANGILLE,
their successors and assigns; and
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WHEREAS, a portion of the real estate described in Exhibit
"A" is contiguous to the corporate limits of the City of McHenry,
Illinois; and
WHEREAS, the proposed development will be on the real estate
described in Exhibit "A" of approximately seventy-five (75) acres,
more or less; and
WHEREAS, the OWNER and DEVELOPER desire to have said real
estate described in Exhibit "A" annexed to the City of McHenry
upon certain terms and conditions herein set forth; and
WHEREAS, adequate provision for utility services, roads,
drainage and other necessary facilities will be provided by
DEVELOPER in accordance with the City of McHenry Subdivision Control
Ordinances except as herein provided; and
WHEREAS, pursuant to the provisions of Section 7-1-1 et.
seq. of the Illinois Municipal Code (Chapter 24, Illinois Revised
Statutes, 1983) notices of the proposed annexation were sent to
the Township Highway Commissioner, the Township Supervisor, the
Board of Township Trustees of McHenry Township, the Library District
of McHenry Township, and the Fire Protection District of McHenry
Township; and
WHEREAS, pursuant to the provision of Section 11-15.1-1,
et. seq. of the Illinois Municipal Code, (Chapter 24, Illinois
Revised Statutes, 19831, a proposed Annexation Agreement was
submitted to the CORPORATE AUTHORITIES and a public hearing was
held thereon before the City Council of the City of McHenry pursuant
to notice, as provided by Statutes of the State of Illinois; and
WHEREAS, the Plan Commission of the City of McHenry, pursuant
to Section VI of the Subdivision Control Ordinance, has considered
and recommended approval of the Preliminary Plat of Subdivision,
attached hereto and made a part hereof as Exhibit "B"; and
WHEREAS, the OWNER and/or DEVELOPER do not by this Agreement
seek the amendment of any Ordinance of the CITY relating to
subdivision control, zoning, official plan or building code and
related restrictions or any other ordinances except as specified
herein;
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WHEREAS, the CORPORATE AUTHORITIES after due and careful
consideration have concluded that the annexation of said real
estate described in Exhibit "A" to the CITY, under the terms and
conditions hereinafter set forth, 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
FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED
HEREIN, IT IS AGREED AS FOLLOWS:
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, 1983);
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 in regard to publication and notice have been met
prior to the date fixed for the hearing on the proposed Agreement.
2. This Agreement is entered into after a public hearing
before the CORPORATE AUTHORITIES of the City of McHenry, which
hearing was held August 30, 1989, and continued from time to time,
in accordance with the provisions of the aforesaid Statutes of
the State of Illinois.
3. The purpose of this Agreement is to provide for annexation
of the real estate described in Exhibit "A" attached hereto and
made a part hereof to the City of McHenry, Illinois, upon the
terms and conditions described in this Agreement.
4. The OWNER and DEVELOPER have filed with the City Clerk
of the City of McHenry a proper Petition for Annexation conditioned
upon the terms and provisions of an Agreement to annex the real
estate described in Exhibit "A" attached hereto and made a part
hereof to the City of McHenry.
5. The CORPORATE AUTHORITIES, upon execution of this
Agreement will, pursuant to the Petition for Annexation herein
filed, enact an Ordinance annexing the real estate described in
Exhibit "A" attached hereto and made a part hereof and also any
adjacent highways to the far side thereof as required by law.
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6. That the real estate described in Exhibit "A" which
is the subject of this Annexation Agreement is now under the
jurisdiction of the County of McHenry and is presently classified
"A-1111 AGRICULTURE DISTRICT, within the meaning of the County
of McHenry Zoning Ordinance.
7. That immediately upon annexation of the heretofore
described real estate to the City of McHenry the CORPORATE
AUTHORITIES shall adopt an Ordinance or Ordinances so as to provide
that the real estate described in Exhibit "A" be classified "RS-l",
SINGLE FAMILY DISTRICT under the terms and provisions of the City
of McHenry Zoning Ordinance.
B. That 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.
9. The Preliminary Plat of Subdivision of the subject real
estate which is attached hereto as Exhibit "B" shall be approved
by the CITY immediately upon the adoption of the aforesaid Zoning
Ordinance. Notwithstanding the City's Subdivision Ordinances,
the CITY agrees that the OWNER and/or DEVELOPER 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
road or dedication is located has been approved by the CORPORATE
AUTHORITIES. Upon such Final Plat approval, the roads included
in the Final Plat shall be constructed by the DEVELOPER, their
successors, grantees or assigns at DEVELOPER'S expense, in
accordance with the provisions of the City of McHenry Subdivision
Control Ordinance. The OWNER -DEVELOPER may submit for approval
to the CITY from time to time as it may deem expedient, pursuant
to the provisions of the Subdivision Control Ordinance, a Final
Plat or Plats of Subdivision of the subject real estate
substantially in conformance with Exhibit "B", and the CITY shall
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approve such Final Plats, provided such Final Plats are consistent
with applicable ordinances, as well as the terms of this Agreement
and Exhibit "B".
10. The City of McHenry acknowledges that its present
Subdivision Control Ordinance does not require the construction
of curbs, gutters or sidewalks in connection with the Subdivision
of "RS-1", SINGLE FAMILY DISTRICT, lots. The CITY further agrees
that the premises annexed under the terms and provisions of this
Agreement shall be exempted from the provisions of any future
Subdivision Control Ordinance requirements relating to curbs,
gutters and sidewalks; provided however, that the DEVELOPER
nevertheless agrees to install curbs and gutters at such locations
in accordance with such specifications as may be from time to
time designated by the City Engineer when, in the City Engineer's
discretion, the installation of such curbs and gutters becomes
required for the purpose of preventing erosion from surface water
run -of f .
11. The parties agree that neither of them shall be under
any obligation to extend the existing municipal sewer and water
lines from their present terminus to serve the subject real estate,
and the CITY further agrees to permit the DEVELOPER to use
individual septic and well systems on each parcel developed;
provided further that it is the intent of the parties hereto that
this provision of this Agreement shall survive any amendment of
the City of McHenry Subdivision Control Ordinance which would
require at a future date the development of the subject real estate
by means of the extension of municipal utilities including sewer
and water.
12. The OWNER -DEVELOPER agrees to make DEVELOPER donations
in conformance with the Developer Donation ordinances of the CITY
in effect at the time such property and any portion thereof is
subdivided, which may be used for land acquisition for the cost
of constructing buildings, building addition and building site
improvements, and for any other capital or operational expenses
without restriction or limitation.
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13. In lieu of all annexation and acreage fees, it is agreed
that the DEVELOPER shall pay Thirty -Seven Thousand Five Hundred
Dollars ($37,500) to the CITY on the execution of this Annexation
Agreement. Additionally, the DEVELOPER shall pay Three Hundred
Dollars ($300) per subdivided lot in the following manner:
(a) Three Hundred Dollars ($300) for each lot at the
time a building permit shall issue.
(b) The balance of Three Hundred Dollars ($300) per
lot which has not theretofore been paid to the
City of McHenry no later than three (3) years from
the date hereof.
14. At such time as the first Final Plat of Subdivision
is approved pursuant to this Agreement, the DEVELOPER shall then
pay to the CITY one-half (1/2) of the total costs, as estimated
by the City Engineer, to reconstruct that part of Ridge Road
abutting to said subdivision premises, in accordance with the
standards and specifications prescribed by the Subdivision Control
Ordinance of the CITY for secondary streets - residential.
15. The City of McHenry shall not require the DEVELOPER
to install the unnamed stub street between Lots 21 and 22 as shown
on the proposed Preliminary Plat for Bull Ridge Subdivision. In
lieu thereof, at the time Lot 21, as shown on the Preliminary
Plat of Subdivision, is final platted, the DEVELOPER shall pay
to the CITY the costs, as estimated by the City Engineer, of
installing said stub street.
16. Notwithstanding anything contained herein to the contrary,
the CORPORATE AUTHORITIES agree to permit the development of the
real estate described in Exhibit "A" as a residential development
consisting of at least sixty (60) single family detached
dwelling units on lots containing not less than 40,000 square
feet in area in substantial conformity with the Preliminary Plat
entitled "Bull Ridge" prepared by Smith Engineering Consultants,
P.C., dated July 12 , 1989, a copy of which is attached
hereto as Exhibit "B" and incorporated herein. The real estate
described in Exhibit "A" may be final platted in three (3) or
less phases, provided however, that each of said subdivision phases
are in substantial conformity with the Preliminary Plat (Exhibit
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17. Prior to or concurrent with the recording of any Final
Plat of Subdivision, the DEVELOPER agrees to record covenants
and restrictions upon such subdivision premises, which shall provide
that any tree, bush or leaf removal will be the lot owner's
responsibility and not the responsibility of the CITY.
18. The CORPORATE AUTHORITIES agree to permit the development
of the real estate described in Exhibit "A" subject to the following
conditions and restrictions:
(a) DEVELOPER agrees to develop the above -described
property as set forth herein and in substantial
compliance with the Subdivision Control Ordinance
of the City of McHenry and the Preliminary Plat
attached hereto as Exhibit "B".
(b) Each of the allowed single family detached dwelling
residences shall be serviced by its own individual
and independent well and septic system.
(c) The only use which may be established is that of
single family detached dwelling units, each on
a building lot of not less than 40,000 square feet
in area, exclusive of dedicated road rights of
ways in Bull Ridge Subdivision, as shown on the
Preliminary Plat of subdivision marked as Exhibit
"B". No building lot may be used for more than
one (1) single-family residence and no such building
lot shall be divided or subdivided.
(d) Each of the allowed single family detached dwelling
units shall be limited to a maximum height of
thirty-five (35) feet.
(e) DEVELOPER may erect one (1) temporary subdivision
sales and identification sign having two (2) display
surfaces (each with dimensions up to four (4) feet
by eight (8) feet) on the DEVELOPER'S premises
abutting Ridge Road, and having substantially the
appearance as shown in the drawing which is attached
hereto as Exhibit "C", which sign shall be removed
by the DEVELOPER three (3) years from the date
hereof unless extended by the City Council of the
City of McHenry.
(f) DEVELOPER may maintain a temporary sales and
construction office within the development for
a period not to exceed three (3) years from the
date hereof. Said office may be located in a
construction trailer on a lot within the development
or in a model home.
(g) The following covenants, conditions and restrictions,
which shall constitute permanent covenants running
with the land, shall be recorded concurrently with
each Final Plat of Subdivision (provided, however,
that additional covenants and restrictions, not
inconsistent herewith, may be added):
1. Before any residence may be occupied or used,
an individual septic system or other facility
for the disposal of sewage satisfactory to
the City, County, and State health authorities,
shall be installed for each such residence.
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2. No lot shall be occupied until a water well
and water system is located, constructed and
equipped thereon in accordance with the
requirements, standards and recommendations
of the City of McHenry and any other controlling
public authority. Approvals of such water
well and system as installed shall be obtained
from such authorities.
3. No advertising sign (except a temporary "For
Sale" or "For Rent" sign), billboard, oil
or gas tank may be erected or maintained on
any lot; provided however, that a sign, not
exceeding two (2) feet by three (3) feet in
area, may be erected during the construction
of the house, displaying the name of the general
contractor and/or architect, which sign shall
be removed immediately after completion of
the house.
4. No driveway may be constructed on the dedicated
right-of-way located between Lots 21 and 22
as depicted on the Preliminary Plat of
Subdivision (Exhibit "B").
(h) Each Final Plat of Subdivision of the subject
premises shall contain a notice on the face thereof
that the premises abutting on the northern boundary
of the subdivision are zoned to permit the extraction
and processing of sand, gravel and earth aggregate
materials.
19. DEVELOPER agrees that the premises annexed pursuant
to the terms of this Agreement shall be developed only in accordance
with the provisions of the City of McHenry Zoning Ordinance relating
to "RS-1", SINGLE FAMILY DISTRICT, classification; and the DEVELOPER
agrees to subdivide said territory in accordance with the procedures
and provisions contained in the Subdivision Control Ordinance
of the City of McHenry in effect at the time such subdivision
of any of the annexed territory is sought, subject, however, to
the understanding of the parties hereto relating to the installation
of curbs, gutters, and sidewalks hereinabove mentioned.
20. It is further understood and agreed that the aforesaid
covenants, representations and agreements shall be deemed to be
covenants running with the land and shall inure to the benefit
of and be binding upon the heirs, successors, executors and assigns
of the OWNER and/or DEVELOPER.
21. The parties hereto agree that those portions of the
real estate described in Exhibit "A" not under development for
residential purposes may be used for agricultural purposes
(excluding animal husbandry) and that said use shall survive the
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termination of this Agreement as provided by Statute and in addition
thereto said agricultural use shall be recognized as a legal
non -conforming use within the meaning of the City of McHenry Zoning
Ordinance.
22. It is understood and agreed that upon annexation of
the aforesaid real estate, the performance of obligations hereunder
shall be the responsibility of the MAYWOOD-PROVISO STATE BANK,
as Trustee under the provisions of a Trust Agreement dated the
12th day of January, 1989, and known as Trust No. 8029, and its
sole beneficiary, FOXFIRE DEVELOPMENT CO., an Illinois corporation,
and C. F. LANGILLE, their successors and assigns; provided however,
that if JOHN N. FIALI and ROBERTA N. FIALI shall become the
Developer, the performance of the obligations hereunder shall
be binding upon them, their successors and assigns.
23. If, during the term of 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 subject real estate, are amended or modified
in aTy manner to impose less restrictive requirements on the
development of, or construction upon properties 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
subject real estate upon the less restrictive amendment or
modification applicable generally to all properties within the
CITY.
24. If, during the term of this Agreement, any existing,
amended, modified, or new ordinances, codes, or regulations
affecting the development of the premises, construction of
improvements, buildings or appurtenances upon the subject real
estate, are amended or modified in any manner to impose more
restrictive requirements on properties within the CITY, then the
burden of such more restrictive requirements shall apply to such
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portions of the subject real estate for which no application has
been made for a building permit, provided however, that any fees
and charges established from time to time by Ordinances of the
City of McHenry, other than annexation fees, applicable generally
to all similar property within the CITY, shall be applied at the
rate in effect at the time said fees and charges are due and
payable.
Notwithstanding anything heretofore mentioned to the
contrary, no such change or modification of any such Ordinance,
code, or regulation shall be applied during the term of this
Agreement so is to affect the zoning classification of the subject
real estate, and the uses permitted thereunder by the Zoning
Ordinance of the City of McHenry in effect as of the date of this
Agreement, as heretofore provided in Paragraph 7 of this Agreement,
and the annexation fees as stipulated in Paragraph 13 of this
Agreement.
25. 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 OWNER'S 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;
provided however, that if the DEVELOPER and CITY are litigants
regarding the provisions of this Annexation Agreement in any court
proceeding, the period of Lime during which time said litigation
is pending shall not extend the calculation of the twenty (20)
year period.
26. DEVELOPER shall, upon request, reimburse the CITY for
all its attorney's fees, planning consultant's fees, personnel
fees and all administrative fees and costs arising out of and
in connection with proceedings relating to the annexation of the
property herein described.
27. If any provision of this Agreement is declared invalid
or illegal, the remainder of the Agreement shall not be effected
thereby.
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28. The covenants and agreements contained in this Agreement
shall be deemed to be covenants running with the land during the
term of this Agreement and shall inure to the benefit of and be
binding upon the heirs, successors and assigns of the parties,
including 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 may be brought hereon by the parties hereto or their
successors and assigns in any Federal Court.
IN WITNESS WHEREOF, the CORPORATE AUTHORITIES and the OWNERS
and the DEVELOPER have hereunto set their hands and seals, and
have caused this instrument to be executed by their duly authorized
officials and the corporate seal attached thereof, all on the
day and year first written above.
ATTEST:
City Clerk
(SEAL)
APPROVED AS TO FORM:
City Attorney
ATTEST:
As stant Sec etary
CITY OF Mc NRY
By:
Its Mayor
DEVELOPER:
MAYWOOD-PROVISO STATE BANK, as
Trustee under the provisions of
a Trust Agreement dated the 12th
day of January, 1989, and known
asj0ficer
t No. 8029
0
By
ice Pre ent and Trust
FOXFIRE DEVELOPME COQ,
an Illin_pksZ'trp atiory
By
C. F. it ,gident
C. F. LANGILL
- ll - 90-02 -218b
90R 001910
STATE OF ILLINOIS)
) SS
COUNTY OF MCHENRY)
I, the undersigned, a Notary Public in and for the County and
S�9ate aforesaid, DO H BY CERTIFY that the above named WILLIAM J.
AUSSE and j2BARA- E. 6/t AIM, personally known to me
to be the Mayor and City Clerk, respectively, of the CITY OF
MCHENRY, and personally known to me to be the same persons whose
names are subscribed to the foregoing instrument, appeared before
me this day in person and severally acknowledged that they signed
and delivered under oath said instrument as such Mayor and City
Clerk of said Corporation, and caused the Corporate Seal of said
Corporation to be affixed thereto pursuant to the authority, given
by the City Council of said Corporation as their free and
voluntary act, and as the free and voluntary act and deed of said
Corporation, for the uses and purposes therein set forth.
11-1AL SEAL"
JO Ma1tTH NOTA BL I C
N�tary ; .t:lic, State of IIIiflob
�,. ,,�„ My commission expires:
plu 12/17/90
STATE OF ILLINOIS)
) SS
COUNTY OF MCHENRY)
I, the undersigned, a Notary Public in and for the County and
State aforesaid, DO HEREBY CERTIFY that JOHN N. FIALI and ROBERTA
N. FIALI, personally known to me to be the same persons whose
names are subscribed to the foregoing instrument, appeared before
me this day in person and acknowledged that ey signed and
delivered under oath said instrument as •Tr
ee and voluntary
act -f,or the uses and purposes therein for
OFFICIAL SEAL
CURTIS S LANGILLE
NOTARY OM IC STATE OF ILL MCP
COUR SSIOII 13P MAR 9.1991
STATE OF ILLINOIS)
) SS
COUNTY OF C 0 0 K)
NOTARY PUBLIC
My commission expires: : -2.::�
I, the undersigned, a Notary Public in and for the County and
State aforesaid, DO HEREBY CERTIFY that the above named
JOHN P. STERNISHA and SPED ALAM , respectively its Vice
President and Trust Officer and its Assistant Secretary of the
MAYWOOD-PROVISO STATE BANK, as Trustee aforesaid, personally known
to me to be the same persons whose names are subscribed to the
foregoing instrument as such Vice President and Trust Officer and
Assistant Secretary respectively, appeared before me this day in
person and severally acknowledged that they signed and delivered
under oath said instrument as their own free and voluntary act of
said Corporation, for the uses and purposes therein set forth and
that said Assistant Secretary then and there acknowledged that as
Custodian of the Corporate Seal of said Corporation, caused the
Corporate Seal of said Corporation to be affixed to said
instrument as said Assistant Secretary's own free and voluntary
act and as the free and voluntary act of the Corporation for the
uses and purposes therein set fordo,-- �}--,-
NOTARY PUBL
"OFFICIAL SEAL"
My commission expires: 9/25/93
Benaye Foster
Notary Public, State of Illinois
My Commission Expires 9125/93
12 -
90-02-2187
9OR 001910
STATE OF ILLINOIS)
) SS
COUNTY OF MCHENRY)
I, the undersigned, a Notary Public in and for the County and
State aforesaid, DO HEREBY CERTIFY that C. F. LANGILLE, President
of FOXFIRE DEVELOPMENT CO., an Illinois corporation, personally
known to me to be the same person whose names is subscribed to the
foregoing instrument, appeared before me this day in person and
acknowledged that he signed and delivered under oath said
instrument as his free and voluntary act and as the free and
voluntary act and deed of said corporation for the uses and
purposes therein set forth.
STATE OF ILLINOIS)
) SS
COUNTY OF MCHENRY)
m llJ..z a
NOTARY #JBLIC
My commission expires: Z 2--
OFFICIAL SEAL
JOAN L. WILUS
NOTARY PUBLIC STATE OF ILLINOIS
h1Y COt"SSIM EXP. APR 12.1992
I, the undersigned, a Notary Public in and for the County and
State aforesaid, DO HEREBY CERTIFY that C. F. LANGILLE, personally
known to me to be the same person whose names is subscribed to the
foregoing instrument, appeared before me this day in person and
acknowledged that he signed and delivered under oath said
instrument as his free and voluntary act for the uses and purposes
therein set forth.
NY PUBLIC
Mrmmission expires: 2-
OFFICIAL SEAL
JOAN L. WILLIS
NOTARY PUBLIC ITATI OP ILM1 013
W CC>!"6510199P. APR1 .1992
- 13 -
90-02-2188
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EXHIBIT "C"
DRAWING OF SALES SIGN AND LOCATION ON
DEVELOPER'S PREMISES ABUTTING RIDGE ROAD
BULLRIDGE'
To be erected on Lot 1 of Bull Ridge Subdivision.
96 inches
BULLRIDGE
3/4 ACRE AND LARGER LOTS
HOMES AND HOMESITES
INFORMATION 815 344-3014
DEVELOPED BY: FOXFIRE DEVELOPMENT CO.
48 inches
90-02-2194
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