HomeMy WebLinkAboutOrdinances - O-90-551 - 08/08/1990 - AUTHORIZE ANNEX AGMT W/ALTHOFF FOR 1202 S RTE 31 C0
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ORDINANCE NO. 0-90-551
AN ORDINANCE PROVIDING FOR THE APPROVAL
OF A PROPOSED ANNEXATION AGREEMENT BETWEEN
THE CITY OF MCHENRY, MCHENRY COUNTY,
ILLINOIS, AND J. ALTHOFF ASSOCIATION,INC.,
AN ILLINOIS CORPORATION
WHEREAS, J. ALTHOFF ASSOC., INC., an Illinois corporation,
is the record owner of a certain parcel of real estate legally
described and depicted in the survey attached hereto and made a
part hereof as Exhibit "A"; and
WHEREAS, said real estate is not presently located within
the existing corporate limits of the City of McHenry, McHenry
County, Illinois; and
WHEREAS, a notice of public hearing was published in the
NORTHWEST HERALD, 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; and
WHEREAS, the Corporate Authorities of the City of McHenry
held a hearing as required by law and have found that 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;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS:
90-33-?0?b
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SECTION 1: The Annexation Agreement, bearing the date of
August 8, 1990, by and between the City of McHenry, a Municipal
Corporation in the State of Illinois, and McHENRY STATE BANK AS
TRUSTEE UNDER TRUST NO. 1181, 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 "B".
SECTION 2: 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
purposes therein set forth.
SECTION 3: This Ordinance shall be in full force and
effect immediately after its passage and approval as required by
law.
PASSED by the City Council of the City of McHenry and
approved by me this 8th day of August, 1990.
AYES:Bolger, Donahue, Lieder, McClatchey, Patterson, Serritella, Smith, Teta, Busse
NAYS : None
ABSTAIN: None
ABSENT:— None
APPROVED this 8th
day of August 19 90
t Ma
ATTEST:
City Clerk
Approved as to Form:
City Attorney
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ANNEXATION AGREEMENT
THIS AGREEMENT, made and entered into this 8th day of
August, 1990, 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 referred to collectively as "Corporate
Authorities"), and J. ALTHOFF ASSOC. INC., an Illinois
corporation (hereinafter referred to as "Owner").
W I T N E S S E T H:
WHEREAS, Owner is the record title owner of the following
described property:
That part of Sections 10 and 11, Township 44
North, Range 8 East of the Third Principal
Meridian in McHenry County, Illinois, being a
part of the property described in a certain
Trustee's Deed filed for record on November
12, 1958 in the County Recorder's Office of
McHenry County, Illinois and recorded in Book
580, page 594 as Document No. 346224,
described as follows: Commencing at the
Northwest corner of the Northwest Quarter of
the Northwest Quarter of Section 11, Township
44 North, Range 8 East of the Third Principal
Meridian, and running thence East along the
North line thereof 1316.35 feet to the
Northeast corner of said Quarter Quarter
Section; thence South at an angle of 89
degrees 53 minutes turned counter clockwise
from the last described course, along the
East line thereof 596.55 feet to a point for
a place of beginning; thence continuing
South along the same line and course, 133.09
feet to a point; thence West, parallel with
the North line of said :Northwest Quarter of
the Northwest Quarter of Section 11, a
distance of 1316.35 feet to a point on the
Section line between the Northwest Quarter of
the Northwest Quarter of Section 11 and the
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Northeast quarter of the Northeast Quarter of
Section 10, Township and Range aforesaid;
thence continuing West along the same course
361.27 feet to a point in the center line of
State Highway Route No. 31; thence
Northeasterly at an angle of 63 degrees 01
minute turned counter clockwise from the last
described course, on a straight line along
the center line of said Route No. 31, a
distance of 149.37 feet to a point which is
1609.21 feet West of the place of beginning;
thence East, parallel with the North line of
the Northeast Quarter of the Northeast
Quarter of Section 10, a distance of 292.86
feet, more or less, to a point on the Section
line between Sections 10 and 11, which point
is 596.55 feet South of the Section corner
common to Sections 2, 3, 10 and 11, Township
and Range aforesaid; thence continuing East
on the same course 1316.35 feet to the place
of beginning, in McHenry County, Illinois.
ALSO
That part of Sections 10 and 11, Township 44
North, Range 8 East of the Third Principal
Meridian, described as follows: Commencing at
the Northwest corner of the Northwest Quarter
of the Northwest Quarter of Section 11,
Township 44 North, Range 8 East of the Third
Principal Meridian, and running thence East
along the North line thereof, 1316.35 feet to
the Northeast corner of said Quarter Quarter
Section; thence South, at an angle of 89
degrees 53 minutes turned counter clockwise _
from the last described course, along the
East line thereof, 729.64 feet to a point for
a place of beginning; thence continuing South
along the same line and course, 127.41 feet
to a point; thence West parallel with the
North line of said Northwest Quarter of the
Northwest Quarter of Section 11, a distance
of 1316.35 feet to a point on the Section
line between the Northwest Quarter of the
Northwest Quarter of Section 11 and the
Northeast Quarter of the Northeast Quarter of
Section 10, Township and Range aforesaid;
thence continuing West along the same course,
421.46 feet to a point in the center line of
State Highway Route No. 31; thence
Northeasterly at an angle of 63 degrees 01
minute, turned counter clockwise from the
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last described course, on a straight line
along the center line of said Route No. 31, a
distance of 143.0 feet to a point which is
1677.62 feet West of the place of beginning;
thence East parallel with the North line of
the Northeast Quarter of the Northeast
Quarter of Section 10, a distance of 361.27
feet, more or less, to a point on the Section
line between Sections 10 and 11, which point
is 729.64 feet South of the Section corner
common to Sections 2, 3, 10 and 11, Township
and Range aforesaid; thence continuing East
on the same course, 1316.35 feet to the place
of beginning, in McHenry County, Illinois.
(Hereinafter referred to as "Premises").
WHEREAS, Premises is contiguous to the corporate limits of
the City of McHenry, Illinois and is not within the corporate
boundaries of any other city or village and has no electors
residing thereon;
WHEREAS, Premises constitutes territory which is contiguous
to and may be annexed to the City of McHenry, Illinois, as
provided in Article VII of the Illinois Municipal Code, Chapter
24, Illinois Revised Statutes (1989), as amended;
WHEREAS, the Owner desires to have said Premises annexed to
the City of McHenry, Illinois, upon certain terms and conditions
hereinafter set forth;
WHEREAS, the Corporate Authorities after due and careful
consideration have concluded that the annexation of Premises 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;
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WHEREAS, pursuant to the provisions of Section 11-15.1--1,
et. seq. of the Illinois Municipal Code, Chapter 24, Illinois
Revised Statutes (1989), as amended, a proposed Annexation
Agreement, in form and substance the same as this Agreement, was
submitted to the Corporate Authorities and a public hearing was
held thereon pursuant to notice, as provided in the statutes;
WHEREAS, pursuant to notice as required by the statutes of
the State of Illinois and the City of McHenry Zoning Ordinance,
a public hearing was held before the City of McHenry Zoning
Board of Appeals on the requested zoning classification of said
Premises and the recommendation made by the Zoning Board of
Appeals on the requested zoning classification of said Premises
was submitted to the Corporate Authorities; and
WHEREAS, because the City provides neither library nor fare
protection services, and no Township roads are to be annexed by
City pursuant to this annexation, no notices are therefore
required by statute to be given to any Library District, Fire
Protection District or Township Authority.
NOW, THEREFORE, for and in consideration of the mutual
promises and agreements contained herein, it is hereby agreed by
and between the parties hereto, as follows:
1. That the represenations and recitals set forth in the
foregoing preamble are material to this Agreement and the
parties hereby confirm and declare their truth and validity, and
hereby incorporate such representations and recitals into this
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Agreement.
2. 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
(1989), as amended; that said statutory provisions provide for
annexation agreements to be entered into between private
citizens and/or corporations and municipalities; that all of the
requirements of the Illinois Revised Statutes and specifically
Section 11-15.1-3 of the Illinois Municipal Code, Chapter 24,
Illinois Revised Statutes (1989), as amended, in regard to
publication and notice have been met prior to the date of this
Agreement.
3. That this Agreement is entered into after public
hearings before the Corporate Authorities and the Zoning Board
of Appeals of the City of McHenry, in accordance with the
provisions of the aforesaid Statutes of the State of Illinois
and the City of McHenry Zoning Ordinance.
4. That the purpose of this Agreement is to provide for
annexation of Premises to the City of McHenry, Illinois, upon
certain conditions hereinafter described in this Agreement.
5. That the Owner has heretofore filed with the City Clerk
of the City of McHenry, a proper Petition for Annexation
conditioned on the terms and provisions of this Agreement to
annex said Premises heretofore described to the City of McHenry.
6. That the Corporate Authorities, upon execution of this
Agreement, shall enact an Ordinance annexing the aforedescribed
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Premises which includes all adjacent streets or highways as
required by law.
7. That the Corporate Authorities agree to enact
simultaneously with the execution of this Agreement, an
Ordinance amending the City of McHenry Zoning Ordinance, as
amended, so as to classify said Premises as "I-1" - Industrial
District.
8. Owner shall pay all costs and expenses for the
construction of the extension of municipal sanitary sewer and
water mains to the Premises which shall be constructed in
accordance with the ordinances of the City. The location and
specifications for said sanitary sewer and water mains shall be
determined solely by the City Engineer. City agrees to
cooperate with the owner in the procurement and execution of all
necessary applications for permits to the Illinois Environmental
i
Protection Agency for the construction and use of the sewer and
water mains described herein.
9. The City of McHenry shall exercise its powers of
eminent domain, if necessary, to assist the Owner in obtaining
all necessary easements, not already in existence, to enable the
installation of the aforesaid sanitary sewer and water mains.
The Owner shall pay for all of the eminent domain costs and
expenses incurred by the City of McHenry, including but riot
limited to attorneys fees, title charges, appraisals, survey
costs, deposition costs, witness fees, litigation expenses
and judgments in the acquisition of any such sanitary sewer and
M.
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water main easements.
10. The parties agree that any water and sewer connection
and capital development fees due under the City's ordinances as
well as any other fees or charges incident to the connection to
or use of City sewer and water mains, shall be paid by the
individual user/applicant when an application is made to connect
the user/applicant's premises to the City's mains.
11. The parties agree that the Premises may continue to be
used for the agricultural uses for which it is presently being
utilized and that said uses shall survive the termination of
this Agreement as provided by statute. All existing
agricultural uses shall be considered legal, non -conforming uses
within the meaning of the City of McHenry Zoning Ordinance.
However, it is understood and agreed between the parties, that
the City shall have the perpetual right to enter upon said
Premises to maintain, repair, and service all municipal sanitary
sewer and water mains and facilities located on Premises.
12. No park, school or library donations, and no annexation
fees shall be required by reason of the annexation of Premises
unless said Premises or any part thereof, is used for
residential purposes in which case such fees shall be paid as
provided by Ordinance.
13. No change or modification of any ordinance, code or
regulation shall be applied during the term of this Agreement so
as to affect the Comprehensive Plan designation, or the zoning
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90-133-2085
classification of Premises, and the uses permitted thereunder by
the City of McHenry Zoning Ordinance in effect as of the date of
this Agreement as hereinbeforP provided. Except as modified
by the terms and provisions of this Agreement, the Owner shall
comply in all respects with the conditions and requirements of
all applicable ordinances of the City as they may exist from
time to time including but not limited to those requiring the
issuance of permits or the payment of fees thereof.
14. This Agreement shall inure to the benefit of and be
binding upon the successors in title and assigns of the Owner,
and each of them, and upon the successor Corporate Authorities
and successor Municipalities of the City.
15. This Agreement shall be valid and binding for a term of
twenty (20) years from the date of its execution.
16. This Agreement shall be enforceable only in a court of
1
competent jurisdiction in the State of Illinois by any of the
parties or by any appropriate action at law or in equity to
secure the performance of the covenants and agreements -herein
contained. No action hereon may be filed by the parties in any
Federal court.
17. If any provisions of this Agreement is held to be
invalid by any court of competent jurisdiction, such provisions
shall be deemed to be excised from this Agreement, and the
invalidity thereof shall not affect any of the other provisions
contained herein.
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IN WITNESS WHEREOF, the Corporate Authorities, and the Owner
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 thereto, all on the day and year
first written above.
CITY OF M H NRY
BY:
Its tllayor
ATTEST:
City Clerk
(SEAL)
J. ALTHOFF ASSOC. INC., an
Illinois corporation
BY: l
v
ATTEST:
STATE OF VILLI
) SS.
COUNTY OF Mc NRY )
I, the undersigned, a Notary Public in and for the County
and State aforesaid, DO HEREBY CERTIFY that William J. Busse and
Barbara E. Gilpin 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 said
instrument as such Mayor and City Clerk of said Corporation and
caused the Corporate Seal of said Corporation to be affixed
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9OR 030778
thereto pursuant to the authority, given by the Mayor and 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 —uurnset forth.
"OFFICIAL SEAL"
JOAN MARTH
Notary Public, State of Illinois
My Commissio ►B� FxPires 12117/9WO
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 the above named J.L.
Althoff and Thomas J. Les,
respectively President and Secretary
of J. ALTHOFF ASSOC. INC.,
an Illinois corporation, personally
known to me to be the same
persons whose names are subscribed to
the foregoing instrument
as such President and Secretary,
respectively, appeared before me this day in person and
severally acknowledged that they signed and delivered said
instrument as their own
free and voluntary act o-f said
Corporation, for the uses
and purposes therein set forth and
that said Secretary then
and there acknowledged that he, as
Custodian of the Corporate
Seal of said Corporation, caused the
Corporate Seal of said
Corporation to be affixed to said
instrument as his own free
and voluntary act and as the free and
voluntary act of the Corporation for the uses and purposes
therein set forth.
My Commission Expires:I�/7
"OFFICIAL SEAL"
Lmy
GARYW. GARDE
tary Public, State of Illinois
Commission Expires 2!3l92
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