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HomeMy WebLinkAboutOrdinances - O-90-545 - 06/18/1990 - ANNEX BUSCH PROPERTY FOR LIBRARYIt r_ 1141.o L. 7 V L. Ld ORDINANCE NO. 0-90-545 AUG 141990 AN ORDINANCE PROVIDING FOR APPROVAL OF AN ANNE}CATIOZiI7AGRUEMEI�TENRY BETWEEN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, HELEN BUSCH AS TRUSTEE UNDER THE PROVISIONS OF TRUST AGREEMENT NO. 100, AND MCHENRY PUBLIC LIBRARY DISTRICT WHEREAS, Helen Busch, as under the provisions of a Trust Agreement dated February 9, 1977 and known as Trust No. 100, 219 James Road, Spring Grove, IL 60081, is the record. owner of the following described real estate, (hereinafter, "Subject Property"): That part of the Northeast Quarter of Section 2, Township 44 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northwest corner of said Northeast Quarter of Section 2; thence South 01 degrees 00 minutes 48 seconds West (bearing assumed) along the North -South Quarter Section line of said Section 2, a distance of 764.72 feet; thence South 88 degrees 59 minutes 12 seconds East at right angles to the North -South Quarter Section line, being also the South line of lands described in Document No. 321453, a distance of 53.60 feet to the center line (as traveled) of Green Street, for the point of beginning; thence continuing South 88 degrees 59 minutes 12 seconds East, along the South line of land described in Document No. 321453 and along said line extended to the intersection with the East line of the West 933.39 feet of the North Half of said Northeast Quarter of Section 2; thence South 01 degrees 00 minutes 48 seconds West, along said East line, a distance of 528.58 feet to the South line of the North Half of said Northeast Quarter of Section 2; thence South 89 degrees 49 minutes 04 seconds West, along said South line of the North Half, a distance of 904.93 feet to the intersection of the renter line (as traveled) of Green Street; thence North 03 degrees 38 minutes 38 seconds East, along said center line, a distance of 548.04 feet, to the point of beginning, in McHenry County, Illinois. WHEREAS, MCHENRY PUBLIC LIBRARY DISTRICT has entered into a Purchase Agreement with TRUST No. 100 for the purchase of the Subject Property: and WHEREAS, the Subject Property contains 11.06, more or less, and is contiguous to the City of McHenry, is presently unimproved and is lccated at on the East side of Green Street and is Southeast an, across the street from the City Municipal Park known as Knox Park. The Subject Property is part of larger parcel which extends South on Green Street to Idyl -1- P er-o 2DED 9-a a -9 o Do ao2�3Ilz8 Dell/Bull Valley Road, in Nunda Township, in McHenry County, Illinois; and WHEREAS, the real estate is contiguous to the corporate limits of the City of McHenry, 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 which was held before the corporate authorities of the City of McHenry, on June 18th, 1990; and WHEREAS, the corporate authorities of the City of McHenry have held the hearing required by law and have found that the entry into said Annexation Agreement will not be detrimental to the public health, welfare or safety of the inhabitants of the City of McHenry, McHenry County, Illinois. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS: SECTION I: The Annexation Agreement bearing the date of the 18th day of June, 1990, by and between the City of McHenry, McHenry County, Illinois and Helen Busch as Trustee under the provisions of Trust No. 100 and McHenry Public Library District, an Illinois Municipal Corporation, be and the same is hereby approved, and the Mayor and the City Clerk are hereby authorized and directed to execute and attest, respectively, said Agreement in behalf of the City. A full, true, complete and accurate copy of said Annexation Agreement is attached to this Ordinance and is incorporated herein by reference as Exhibit No. 1. SECTION II. This Ordinance shall be known as Ordinance No. 0-90-545 and shall be in full force and effect from and after is passage"and approval as required by law. PASSED this 18th day of June , 1990. AYES• Donahue, Teta, Lieder, McClatchey, Patterson,Busse NAYES: Bolger, Smith. Serritella ABSTAIN: None ABSENT: None -2- Approved this 18th day of June , 1990. Wopdf U U U.- i Prepared by: Daniel F. Curran HOLMSTROM & KENNEDY, P.C. 8600 Route 14 Suite 201 Crystal Lake, IL 60012 815-459-8440 025510/4 -3- CITY OF McHENRY By: RECEIVED STATE OF ILLINOIS ) COUNTY OF MCHENRY ) CITY OF MCHENRY ) ANNEXATION AGREEMENT AUG 141990 CITY OF MCHENRY THIS AGREEMENT made and entered into this 18th day of June, 1990, by and between the CITY OF MCHENRY, a municipal corporation, in the State of Illinois (hereinafter referred to as the "City"), and HELEN BUSCH, as Trustee under Trust Agreement dated February 9, 1977 and known as Trust No. 100, 219 James Road, Spring Grove, Illinois 60081, (hereinafter referred to as "Owner"), and MCHENRY PUBLIC LIBRARY DISTRICT, an Illinois Municipal Corporation, 1011 N. Green Street, McHenry, Illinois 60050, (hereinafter referred to as "District"): WITNESSETH; WHEREAS, the HELEN BUSCH, as Trustee of Trust #100, 219 James Road, Spring Grove, Illinois, 60081, is the record owner of the following described real estate, (hereinafter, "Subject Property"): That part of the Northeast Quarter of Section 2, Township 44 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northwest corner of said Northeast Quarter of Section 2; thence South 01 degrees 00 minutes 48 seconds West (bearing assumed) along the North -South Quarter Section line of said Section 2, a distance of 764.72 feet; thence South 88 degrees 59 minutes 12 seconds East at right angles to the North -South Quarter Section line, being also the South line of lands described in Document No. 321453, a distance of 53.60 feet to the center line (as traveled) of Green Street, for the point of beginning; thence continuing South 88 degrees 59 minutes 12 seconds East, along the South line of land described in Document No. 321453 and along said line extended to the intersection with the East line of the West 933.39 feet of the North Half of said Northeast Quarter of Section 2; thence South 01 degrees 00 minutes 48 seconds West, along said East line, a distance of 528.58 feet to the South line of the North Half of said Northeast Quarter of Section 2; thence South 89 degrees 49 minutes 04 seconds West, along said South line of the North Half, a distance of 904.93 feet to the intersection of the center line (as traveled) of Green Street; thence North 03 degrees 38 minutes 38 seconds East, along said center line, a distance of 548.04 feet, to the point of beginning, in McHenry County, Illinois. WHEREAS, the Subject Property constitutes territory which is contiguous to and may be annexed to the CITY OF MCHENRY, ILLINOIS, as provided in Article 7 of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes, 1987); and WHEREAS, the District intends to develop said real estate in accordance with the terms and provisions of this Annexation Agreement and the Ordinances of the CITY OF MCHENRY; and, WHEREAS, the Subject Property is located within the McHenry Township Fire Protection District and the Nunda Township Road District; and WHEREAS, the Trustees of said Districts as well as the Nunda Township Highway Commissioner and the Nunda Township Trustees and Supervisor, were notified by Certified Mail at least ten (10) days in advance of any action taken with respect to the Annexation of said property; and WHEREAS, an affidavit that said notice was served in accordance with the applicable statute was filed with the City of McHenry, and has been filed with the Recorder of Deeds of McHenry County, Illinois; and WHEREAS, said Owner desires to have said property annexed to the City of McHenry, upon certain terms and conditions herein set forth; and -2- WHEREAS, the Corporate Authorities of the City of McHenry, after due and careful consideration, have concluded that the annexation of said real estate to the City would further the growth of the City, enable the City to control the development of the area, and serve the best interests of the City; and WHEREAS, pursuant to the provisions of Section 11-15.1-1 et seq., of the Illinois Municipal Code, (Chapter 24, Illinois Revised Statutes, 1985), a proposed Annexation Agreement was submitted to the Corporate Authorities of the City of McHenry, and a public hearing was held thereon before the City Council of the City of McHenry, pursuant to notice, as provided by Statute, of the State of Illinois. NOW, THEREFORE, in consideration of the mutual covenants contained herein, IT IS HEREBY AGREED BY AND BETWEEN THE CITY, THE OWNER AND THE DISTRICT 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, 1987); that said statutory provisions provide for annexation agreements to be entered into between owners of record and municipalities; that all of the requirements of the Illinois Revised Statutes and specifically, Section 11-15.1-1 et seq., of the Illinois.Municipal Code (Chapter 24, Illinois Revised Statutes, 1987), in regard to publication and notice have been met prior to the date fixed for the hearing on the proposed Agreement. (2) That this Agreement is entered into after a public hearing before the Corporate Authorities of the City of -3- McHenry, which hearing was held in accordance with the provisions of the aforesaid Statutes of the State of Illinois. (3) That the purpose of this Agreement is to provide for annexation of the Subject Property to the City of McHenry, Illinois, upon the terms and conditions described in this Agreement. (4) That the Owner of the Subject Property has filed with the City Clerk of the City of McHenry, a proper Petition for Annexation conditioned upon the terms and provisions of this Agreement to annex the real estate referred to previously as described hereinbefore. (5) That the Corporate Authorities, contem- poraneously with the execution of this Agreement will, pursuant to the Petition for Annexation filed herein, enact an Ordinance annexing the Subject Property as previously legally described herein, and also any adjacent property, as required by law. (6) That contemporaneously with the annexation of said property to the CITY OF MCHENRY, the Corporate Authorities shall adopt an Ordinance or Ordinances amending the provisions of the Zoning Ordinance of the CITY OF MCHENRY, and the Comprehensive Plan of said City, so as to provide said property to be classified "RS-1" LOW DENSITY SINGLE FAMILY RESIDENTIAL with a Conditional Use Permit for a Public and/or Educational Use in order to allow the construction and operation of a public library, attendant services and administrative offices on the Subject Property, in accordance with the terms of this Annexation Agreement and the provisions of the CITY OF MCHENRY ZONING ORDINANCE. -4- ( 7) It is understood and agreed that: (a) The City plans to extend the existing municipal sanitary sewer from its present terminus to service the real estate it owns on Green Street adjacent to Knox Park. (b) The municipal water line is located on Green Street north of the Subject Property. (c) There is adequate capacity in the aforedescribed municipal sewer and water lines to service the Subject Property. (d) The District may extend said municipal sanitary sewer and water lines from their present or proposed termini and shall be permitted to tap on and utilize same to service the development of the Subject Property as described herein. (e) The parties agree to share the costs of extending said sewer and water lines on an equitable pro rata acreage basis along with other benefitted property owners. The properties benefitted (which shall include the property owned by the City) by the extension of said lines, and recapture sums attributable to and payable by said benefitted properties at the time connection to said lines is sought by such properties; shall be determined by the City Engineer. However, no recapture, tap -on or capital development fees due the City or third parties shall be due from the library until the library taps on and utilizes said sewer and water lines. ( 8) The parties hereto agree that there shall be no annexation or acreage fee due from the District as a result of the annexation or development of the Subject Property as a public library. However, if the Subject Property is developed residentially, and rot as a library, then an annexation fee of -5- $500.00 per acre plus $500.00 for each Single Family residence and each individual dwelling unit in any apartment or condominium building thereon, shall be paid at the time a final plat of subdivision is approved or application for building permit is made, whichever occurs first. The abovedescribed annexation fee shall be increased at the rate of 10% annually beginning on the anniversary date of this Agreement. ( 9) The parties agree that the Property may be used for growing crops/pasture and that said use shall survive the termination of this Agreement as provided by statute or the terms of this Agreement and, in addition thereto, said use shall be considered a legal non -conforming use within the meaning of the City of McHenry's Comprehensive Zoning Ordinance. (10) 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. (11) This Agreement is binding upon the parties hereto, and their respective successors and assigns for a full term of twenty (20) years commencing, as of the date hereof, as provided by statute, and to the extent permitted thereby, :it is agreed that in the event that the annexation of the Owners' real estate or the terms of this Agreement are challenged :in any court proceeding, the period of time during which such litigation is pending shall not be included in the calculation of said twenty (20) year period. (12) If any provision of this Agreement is declared invalid or illegal by a court of competent jurisdiction, then said provision shall be excised herefrom and the remainder of the Agreement shall not be affected thereby. (13) 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 District, the Owners, their heirs, successors and assigns and the City, its Corporate Authorities, and their successors in office and be enforceable by order of Court pursuant to its provisions and the applicable Statutes of the State of Illinois. No action on this Agreement may be litigated by any party hereto, their successors or assigns, in any Fede-:al Court. IN WITNESS WHEREOF, the Corporate Authorities and the 1 Owners hereunto set their hands and seals, and have caused this instrument to be executed by their duly authorized officials and the corporate seal attached hereto, all on the day and year first above written. ( SEAL) CITY OF MCHENRY, X nicipal Corpo,ra,tior,� . BY: Attest: -7- yor y Clerk PETITIONER: Helen Busch as Trustee under the Provisions of a Trust date February 9, 1977 and known as Trust No. 100 STATE OF ILLINOIS ) COUNTY OF McHENRY ) Signed by the Helen Busch as Trustee under the Provisions of a Trust date February 9, 1977 and known as Trust No. 100, and not personally, but solely as Trustee under a certain Trust Agreement. Said Trust Agreement is hereby made a part thereof and any claims against said Trustee which may result from the signing of this Petition for Annexation shall be payable only out of any trust property which may be held thereunder, and said Trustee shall not be personally liable for the performance of any of the terms and conditions of this Petition for Annexation or for the validity or condition of the title of said property or for any agreement with respect thereto. Any and all personal liability of the Helen Busch, is hereby expressly waived by the parties hereto and their respective successors and assigns. Helen Busch as Trustee under the Provisions of a Trust date February 9, 1977 and known as Trust No. 100 BY: �zz STATE OF ILLINOIS ) COUNTY OF McHENRY ) I, the undersigned, a Notary Public in and for the County and State afcresaid, do hereby certify that Helen Busch, as Trustee aforesaid, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as said Trustee, appeared before me this day in person and acknowledged that whe signed and delivered said instrument as her own free and voluntary act of said Trustee for the uses and purposes therein set forth. My Commission Expires: cZO 7.L MJ. SS, Tf RupP1R Of 1LL1NOIS Approved as to form: City Attorney PETITIONER: MCHENRY PUBLIC LIBRARY DISTRICT, an Illinois Municipal Corporation By: ATTEST: r i STATE OF/ILLINOIS COUNTY/OF MCHENRY The undersigned, as President and as Treasurer respectively, of the MCHENRY PUBLIC LIBRARY DISTRICT, being first duly sworn upon their oath, depose and say that they have read the above and foregoing Annexation Agreement by them subscribed; that they have personal knowledge of the contents thereof and that the contents thereof are true in substance and in fact and that they have the power to execute this Agreement on behalf of MCHENRY PUBLIC LIBRARY DISTRICT. ATTEST: /10 /, Its Tre surer L/ Subscribed and sworn to before me this Z�'7'4 day of G , 1990. Notary Publi OFFICIAL SEAL JULIA A. JOFi',A„ NOTARY PUBLIC. STATE C;- MY COMMISSION EXPIRES I s President OFFICIAL SEAL JULIA A. JOHNAS OTARY PUBLIC. STATE OF ILLINOIS ['!N YCOMMISSION EXPIRES IV19/90