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HomeMy WebLinkAboutOrdinances - O-90-530 - 04/16/1990 - AUTHORIZE ANNEX AGMT FIRST NATIONAL BANK PROPERTYORDINANCE NO. 0-90-530 AN ORDINANCE PROVIDING FOR THE APPROVAL OF A PROPOSED ANNEXATION AGREEMENT BETWEEN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AND FIRST NATIONAL BANK OF McHENRY, A NATIONAL BANKING ASSOCIATION WHEREAS, The First National Bank of McHenry, a National Banking Association, is the record owner of a certain parcel of real estate located in part of Section 2, Township 44 North, Range 8, East of the Third Principal Meridian, in McHenry County, Illinois; and WHEREAS, said real estate is contiguous to the existing corporate limits of the City of McHenry, McHenry County, Illinois; and , WHEREAS, Notice of a Public Hearing was published in the Northwest Herald, a newspaper of general circulation in the City of McHenry, 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 16th day of April, 1990, at 8:00 o'clock P.M.; 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 1. The Annexation Agreement bearing the date of the 16th day of April, , by and between the City of McHenry, McHenry County, Illinois, and First National Bank of McHenry, a National Banking Association, be and the same is hereby approved. A full, true, complete and accurate copy of said Annexation Agreement is attached to this Ordinance and is incorporated herein by reference as Exhibit 1. Section 2. Alderman Raymond Smith and the City Clerk of the City of McHenry, McHenry County, Illinois, are authorized and directed to sign and to attest said Annexation Agreement for the purposes and uses therein set forth. Section 3. This Ordinance shall be known as Ordinance No. 0-90-530 and shall e-6— n full force and effect from and after its passage and approval as required by law. PASSED this 16th day of April, 1990. AYES: Bolger, Donahue, Lieder, Teta, Smith, Patterson, Serritella NAYS: None ABSENT: McClatchey NOT VOTING: None ABSTAINED: None APPROVED this day of , 1990. Mayor ATTEST: I certify that the Mayor failed to return this aforesaid Ordinance with his written objections within the designated time and therefore, pursuant to Illinois Revised Statutes, Chapter 24, Section 3-11-18, this Ordinance has become a ec ive despite the absence of his signature. (The next regular City Council meeting following the passage of this Ordinance was April 18, 1990. Therefore, this Ordinance became effective April 28, 1990 without the Mayor's signature.) -2- AV, NEXATION AGRE VU4T THIS ANNEXATION AGREET is made and entered into this (6 "'day of 1990, between the CITY OF McHLNRY, an Illinois municipal corporation, hereinafter refrerred to as the "CITY", and the First National Bank of McHenry, a National Banking Association hereinafter referred to as "OWNER" of the property hereinafter described in "Exhibit A" attached hereto pursuant to the provisions of Division 1b.1 of the Illinois Municipal Code (Illinois Revised Statutes, 1971, Chapter 14, Section 11-15.1 et seq.). R WITNESSETE; WHEREAS, OfE R is the owner of record of the real property described in "Exhibit A", incorporated herein, which property is not within the corporate limits of any municipality but all of which is in tibe unincorporated area of McHenry County and is presently contiguous to the territory of the CITY, all of which property is hereinafter referred to as the "Subject Premises"; and WHI'I;EA.S, said OWNER has filed with the City Clerk of said CITY a Petition for Annexation of the Subject Premises to the CITY: and SAS, all notices, publications, public hearings and all other matters attendant to sich Petition for Annexation have been made, had and performed as required by sta;:ate and CITY ordinance, regulations and procedures; and WHEREAS, the CITY does not provide library or fire protection service,to the Subject Premises, so that no notices are required to be given to any library district nor to any fire protection district; and WF=AS, Pra.u.ses do not abut any townslup road, so that notices of the proposed annexation are not required to he sent to the Township Highway Commis- sioner, the Township Supervisor and. the Board of Township Trustees of Nunda Township; and WrOREAS, the OkiM Proposes that the Subject PrEhLises be developed with a commercial banking facility including drive-sp teller stations to be developed in one or more phases; and WHEREAS, the OWNER has requested tnat the Subject Premises, upon annexation, receive a 0-1 office park zoning district witiZ a conditional use to allow the Subject Premises to be used as a financial institution, under the Zoning Ordinance of the CITY as in accordance with all CITY ordinances and the terms and conditions of this Agreement; and -1- WHEREAS, the CITY is agreeable to all of such developrent in such manner; and WHEREAS, the Zoning Board of Appeals of said CITY, being the Board duly designated by the Corporate Authorities of the CITY to hold a public hearing on the proposed 0-2 rezoning, with a conditional use to allow the subject premises to be used as a financial institution, has heretofore held all required public hearings on the application of the OWZr, for said zoning classification and conditional use, and due notice of said public hearings has been published in the manner required by law and said public hearings have been held in all K respects in a mariner conforming to law; and WHEREAS, the Zoning Board of Appeals of said CITY has made its report and reca►mendation to the City Council of the CITY in accordance with the ordinances of said CITY; and W REAS, all other matters, in addition to those specifically referred to above, which are included within this Annexation Agreement, have been considered by the parties hereto, and it is agreed that the development of the Subject Premises for the uses as perrlitted under the 0-2 Office Park Zoning district of the Zoning Ordinance of the CITY with a conditional use to allow premises to be used for a financial institution purpose, ian accordance with the terms and con- ditions of this Agreement, will inure to the benefit and improvement of the CITY and its residents and will prarote the sound planning and development of the CITY and will otherwise enhance and prcmte the general welfare of the people of the CITY; NOW THEREFORE, for and in considerations of the mutual premises and agree- ments herein contained, the parties hereto agree as follows: 1. Annexation and Rezoning: Within thirty (30) days after the execution of this Agreement or at the next regular meeting of the City Council thereafter, the CITY agrees to enact and adopt ordinances annexing the premises designated in "Exhibit A" to the CITY. Within thirty (30) days after the execution of this Agreement or at the next regular meeting of the City Council thereafter, the CITY agrees to enact and adopt an ordinance approving the 0-2 Office Park Zoning district and granting a conditional use permit to allow the Subject Premises to be used for financial institution purposes. -2- 2. Plat proval: The CITY hereby approves "Exhibit B" and the same shall constitute and satisfy all the requirements for the annexation plat for the Sub- ject Premises. 3. Water, Sanitary Sewer and Storm Sewer: The CITY shall nave no legal or financial obligation to extend its sanitary sewer and water mains or lines to the Subject Premises nor to make such facilities available to the Subject Premises. The cost and expense of extending said mains or lines to the Subject Premises shall be solely the OWNER's provided, however, that, if necessary, the CXVNER and CITY will enter into an agreement, not to exceed a term of ten (10) years after construction of said mains or lines, providing for the recapture of a portion of the cost and expenses incurred by the OMER in extending said lines or mains to the Subject Premises; for the purposes of such recapture agreement, the properties potentially benefited by such extensions and the proration or allocation of the cost to such properties shall be determined by the CITY Engineer and City Council. The OWNER agrees that the connection of the Subject Premises to the CITY sanitary sewage and water mains or lines shall also be subject to any recapture arrangements or agreement between the CITY and third parties, if any. 4. Ownership of Utility Lines and Easements: All sanitary sewer mains and water mains (but not service lines) tnatnay hereafter be located on tlae Subject Premises shall be -transferred without cost by bill of sale to the CITY for ownership, maintenance and operation by the CITY as provided herein. Per- manent easements for the construction, operation, replacement and maintenance of municipal utilities located on the Subject Premises and not in the public right- of-way, the location and dimensions of which shall be subject to the approval of the CITY Engineer and City Council. 5. Water Retention: The OVdER agrees that the Subject Premises will be developed with sufficient water retention and detention area so as to fulfill and satisfy the water retention and detention requirements of the Subject Premises as specified by the CITY. 6. Applicable Ordinances: All of the City's ordinances from time to time in effect are applicable to the Subject Premises and the development thereof, ex- cept as might otherwise be expressly provided by the terms and provisions of this -3- Agreement. The parties acknowledge that none of the CITY ordinances shall be frozen in their application to the Subject Premises except the present 0-2 office -park district classification, the uses permitted therein and in the conditional use zoning granted hereunder, which shall continue in effect not- withstanding the subsequent changes in the zoning ordinance. Subject to said • zoning and conditional use exception, the CITY shall have the right without limitation thereon to amend its ordinances and to adopt new ordinances at any time in the future and said amendments and new ordinances shall apply to the Subject Premises, provided, however, that no such amendment or new ordinance shall unreasonably or arbitrarily discriminate against the Subject Premises. 7. Severability: If any provision of this agreement is held invalid, such provision shall be deemed to be excised herefrcan and the invalidity thereof shall not affect any of the other provisions contained herein. 8. Binding Effect and Term: This annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, successor owners of record of the Subject Premises, and their heirs, successors and assigns for a period of twenty (20) years fran the date of execution hereof, with the understanding that the zoning classification and variation granted hereby shall survive the expira- tion of the Agreement, unless changed in accordance with law. 9. Annexation Fee: The MIER agrees to pay to the CITY the sum of $2,000.00 as and for an annexation fee, which sum shall be payable upon the annexation'of the Subject Premises to the CITY as herein provided. 10. Enforceability: It is agreed that the parties to this Agreement, or their assignees or successors in title, may enforce and compel the performance of the Agreement, or any provision thereof, or bring any other action in connection with said Agreement or 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 Cour I14 WITNESS wHERBDF, the parties hereto have hereunto set their hands and seals as of the day and year first written above. CITY OF McHMRY, By: . Ra ith, Ald r Sara Gilpin, � i y er,c -4- TATE OF ILLINOIS ) ) SS COUNTY OF MCHENRY) I, JOAN M A ltrw , a Notary Public in and for said County, in the State aforesaid, DO I11=Y CERTIFY that Raymond Smith, Alderman of the City of McHenry, an Illinois municipal corporation, and Barbara Gilpin, City Clerk, of said City of McHenry, personally known to me to be the same: persons whose names are subscribed to the foregoing instrument as such Alderman and City Clerk, respectively, appeared before me this day in person and acknowledged that they signed said instrument as their own free and voluntary acts, and as the free voluntary act of said municipal corporation, for the uses and purposes therein set forth; and the said Barbara Gilpin did also then and there acknow- 1hdge that she, as custodian of the corporate seal of said municipal corporation, did affix said corporate seal of said municipal corporation to said instrument as her own free and voluntary act, and as the free and voluntary act of said municipal corporation, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this %6?� day of—A�kk,14. ,1990. "OFFICIAL SEAL" JOAN MARTH Notary Public, State of Illinois My Commission Expires 12/17/90 STATE OF ILLINOIS SS �i.1►�Zi u:«.ia�►�: Public First National Bank of McHenry, a Nationa Bank/,ingL iationBy:ox�L��cam/ Ronald L. Graves, its President I, Patricia L. Hartmann, a Notary Public in and for said County, in the State aforesaid, DO IEREBY CERTIFY that Ronald L. Graves, personally known to me to be the person whose name is subscribed to the foregoing ins-trunent, appeared before me this day in person and acknowledged that he signed the said instrument on behalf of the First National Bank of McHenry, a national banking association, as the free and voluntary act of said 'bank, for the uses and purposes therein set forth. GIVEta under my hand and Notarial Seal this /7 day of '4169k / (-, ,1990. MCOMMISSION AL j MANN ��lxILLINOIS N ry Public 5/6/94 W*141.3 .14. That part of the Northwest Quarter of the Southwest Quarter of Section 2, described as follows: Beginning at the Northeast corner of the Northwest Quarter of the Southwest Quarter of said Section 2; running i_hence South on the East line of said Northwest Quarter, 473.9 feet to a place of beginning; thence South on a continuation of the last described line, 286.37 feet to a point; thence West on a line 89 degrees, 17 minutes to the right. of prolongation of the land described line, 652.93 feet to the Easterly line of a public highway, now known as State Highway 31 (sometimes known as State Bond Issue Highway Route No. 61) ; thence Northeasterly along the E,3ster_ ly line of said highway right of way being on a line 109 degrees and no minutes to the ' right of prolongation of the last described line, 69.08 feet to a point; thence Northeasterly along the Easterly line of the right of way of the State Highway aforesaid, being on a curved line to the left having a radius of 3819.81 feet, a distance of 232.16 feet, to a point; thence easterly 564.45 feet to the place of beginning; in Township 44 North, Range 8, East of the Third Principal Meridian, in McHenry County, Illinois. EXHIBIT "A"