Loading...
HomeMy WebLinkAboutOrdinances - O-90-551 - 08/08/1990 - AUTHORIZE ANNEX AGMT W/ALTHOFF FOR 1202 S RTE 31 C0 4RRO16 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 9OR 030778 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 2 90-33-207! 90R 030778 m !iI'p�•ii_�a_p�iiyiF(r7� (pij�� � Y- lCf:�'�•7J1�l�CaKJ=;��R( (;`i yy i s !!r!-i:sia�4RyL s�fioe(: o�piet t.r��gqv:'Ex �e"t.6:_- m � i_! i� s(5•i�l5 t.6j}8 s-_. s--.. � :.a S3°°'- `� p����=c�fFi �giF �a_a§pgt�:�i: _'._s[-������� �i iA6-ieR(:I%-Ji3p-c16}' qq( t i� a.-113 a 3 ;'p �14pFriisEQ' �si.-pe-=i 94- - a-i scas�p�,sci I gg -B 1 ;N(A sE:uT-e5`lii(e( F�=�i6= c2ii�I-�isiF(5�•c!°�6?!'G�: 2z� i, I !s�•Aps(=lc�=a:.i ( '�cl5i-6fill- p i i� (-Ei p cyld 161(y'i � -C R oaii!?�:I�j� ���i����s�f�; p a �iRa•ist��F`��aiiei.3i s�ez �;z c 98-33•-2078 qoR 0230778 4YYOO4 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 90-:333-2079 90R 033778 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 2 7U-'3-2080 98R 030778 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; 3 90-33-2081 90R 030778 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 4 90-33-2082, -:jUij UJU ! I U 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 5 90-33-2083 90R 030778 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. 90-33-2084 90R 030778 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 7 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. 1.9 90R 030778 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 9 90-33-2087 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 10 r'� -0