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HomeMy WebLinkAboutOrdinances - O-89-508 - 08/30/1989 - APPROVE ANNEX AGRMT BURNING TREE SUB 75 ACRES9277A 90R 001910 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; 90-02-2173 90R 001910 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; - 2 - go-0z-2174 90R 001910 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 - 3 - 90-02-2175 90R 001910 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 90-02-2176 _ „ emierr A 90R 001910 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; - 2 - 90-02-2177 90R 001910 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. - 3 - 90-02-2178 90R 001910 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 - 4 - 90 -02-2179 90R 001910 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. - 5 - 90-02-2180 90R 001910 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 - 6 - 90-02-2181 90R 001910 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. - 7 - 90 -02 -2182' 90R 001910 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 - 8 - 90-02-2183 90R 001910 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 _ 9 _ 90-02-2184 90R 001910 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. - 10 - 90-02-2185 90R 001910 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. 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