HomeMy WebLinkAboutOrdinances - O-91-577 - 07/15/1991 - AUTHORIZE ANNEX AGMT HOFFSTETTER AND HOLY APOSTLESORDINANCE NO. 0-91-577 91 R 032331
AN ORDINANCE PROVIDING FOR APPROVAL OF AN ANNEXATION AGREEMENT
BETWEEN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS,
JOHN B. HOFFSTETTER, ELAINE L.HOFFSTETTER, PHILLIP
HOFFSTETTER, JEFFREY W. HOFFSTETTER, INDIVIDUALLY AND AS
GENERAL PARTNERS OF HOFFSTETTER PROPERTIES, AN ILLINOIS
GENERAL PARTNERSHIP MCHENRY STATE BANK AS TRUSTEE OF
TRUST NO. 4213, DATED DECEMBER 16TH, 1987, MCHENRY STATE
BANK AS TRUSTEE OF TRUST NO. 4432, DATED AUGUST 2, 1988
AND CHURCH OF HOLY APOSTLES
WHEREAS, John B. Hoffstetter and Elaine L. Hoffstetter,
Phillip Hoffstetter, Jeffrey W. Hoffstetter, and individually
and as general partners of Hoffstetter Properties, an Illinois
general partnership (Hoffstetter Properties) McHenry State Bank
as Trustee of Trusts Nos. 4213 and 4432 ("Owners"), are the
record owners of the following described real estate,
(hereinafter, "Subject Property"):
The Northeast Quarter of the Southeast Quarter (except the
East 494.49 feet thereof) of Section 4, lying South of the
Centerline of Bull Valley Road, as dedicated by dedication
recorded November 30, 1972 as Document No. 607443, all in
Township 44 North, Range 8 East of the Third Principal
Meridian, McHenry County, Illinois.
WHEREAS, CHURCH OF HOLY APOSTLES has entered into a
Purchase Agreement with the abovenamed Owners for the purchase
of the Subject Property: and
WHEREAS, the Subject Property contains 18.85, more or
less, and is contiguous to the City of McHenry, is presently
unimproved and is located at on the located on the South side
of Bull Valley Road approximately 198.57 feet East of the
intersection of Bull Valley Road and McHenry/Crystal Lake Road
in Nunda Township, 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 27, 1991; and
91 -36 --2275
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 15th day of July, 1991, by and between the City of
McHenry, McHenry County, Illinois, Hoffstetter Properties, and
McHenry State Bank as Trustee of Trusts Nos. 4213 and 4432 and
Church of the Holy Apostles, 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 on 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. 0-91-577 and shall be in full force and effect from and
after is passage and approval as required by law.
PASSED this 15th day of July , 1991.
AYES: Adams, Bolger, Lieder, Patterson, Serritella, Smith, Busse
NAYES: None
ABSTAIN: Donahue
ABSENT: Locke
Approved this 15th day of July , 1991.
CITY 0 EZ
By.
City Clerk
Prepared by:
Daniel F. Curran
HOLMSTROM & KENNEDY, P.C.
8600 Route 14 Suite 201
Crystal Lake, IL 60012
815-459-8440
026570/4
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91-36-2276
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STATE OF ILLINOIS )
COUNTY OF MCHENRY )
CITY OF MCHENRY )
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this /9 day
of July, 1991, by and between the CITY OF MCHENRY, a municipal
corporation, in the State of Illinois (hereinafter referred to
as the "City"), and JOHN B. HOFFSTETTER and ELAINE L.
HOFFSTETTER, 2706 N. Manitou Trail, McHenry, Illinois, 60050,
PHILLIP HOFFSTETTER, 1021 N. Plymouth Lane, McHenry, Illinois,
60050, JEFFREY W. HOFFSTETTER, 8703 Dorr Road, Wonder Lake, IL
60097, individually and as general partners in Hoffstetter
Properties,. an Illinois General Partnership, 2706 N. Manitou
Trail, McHenry, 60050, (hereinafter known collectively as
HOFFSTETTER PROPERTIES), MCHENRY STATE BANK AS TRUSTEE of 'Trust
No. 4213 (Jepsen), MCHENRY STATE BANK AS TRUSTEE of Trust No.
4432 (Wirfs), 3510 W. Elm Street, McHenry, Illinois 60050, and
CHURCH OF HOLY APOSTLES, 4041 W. Albany, McHenry, Illinois
60050 (hereinafter referred to collectively as "Owners"):
WITNESSETH;
WHEREFORE, JOHN B. HOFFSTETTER and ELAINE L.
HOFFSTETTER, to an undivided one half interest as joint
tenants, PHILLIP HOFFSTETTER and JEFFREY W. HOFFSTETTER, each
as to an undivided one quarter interest, as tenants in common
as general partners in Hoffstetter Properties, an Illinois
general partnership (also known collectively as HOFFSTETTER
PROPERTIES) are the record owners of the following described
property which is a part of this petition:
PARCEL 1: The Northeast Quarter of the Southeast Quarter
(except the East 923.88 feet thereof) of Section 4, lying South
of the Centerline of Bull Valley Road, as dedicated by
dedication recorded November 30, 1972 as Document Number
91-36--2277
918 032331
607443, all in Township 44 North, Range 8 East of the Third
Principal Meridian, McHenry County, Illinois.
WHEREFORE, MCHENRY STATE BANK as Trustee of Trust 4213
is the record owner of the following described property which
is part of this petition:
PARCEL 2: The West 217.55 feet of the East 923.88 feet of the
Northeast Quarter of the Southeast Quarter of Section 4, lying
South of the Centerline of Bull Valley Road as dedicated by
Dedication recorded November 30, 1972 as Document No. 607443,
all in Township 44 North, Range 8 East of the Third Principal
Meridian, McHenry County, Illinois.
WHEREFORE, WILLIAM L. JEPSEN and MONICA L. JEPSEN are
the sole beneficiaries of MCHENRY STATE BANK TRUST 4213.
WHEREFORE, McHENRY STATE BANK as Trustee of Trust 4432
is the record owner of the following described property which
is part of this petition:
PARCEL 3: The West 211.84 feet of the East 706.33 feet of the
Northeast Quarter of the Southeast Quarter of Section 4, lying
South of the Centerline of Bull Valley Road as dedicated by
Dedication recorded November 30, 1972 as Document No. 607443,
all in Township 44 North, Range 8 East of the Third Principal
Meridian, McHenry County, Illinois.
WHEREFORE, Timothy Wirfs is the sole beneficiary of
MCHENRY STATE BANK TRUST 4432.
WHEREAS, the Parcels 1, 2 and 3 are contiguous with each
other and when taken as a whole 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 shall hereinafter be described as follows:
The Northeast Quarter of the Southeast Quarter (except
the East 494.49 feet thereof) of Section 4, lying South of the
Centerline of Bull Valley Road, as dedicated by dedication
recorded November 30, 1972 as Document Number 607443, all in
Township 44 North, Range 8 East of the Third Principal
Meridian, McHenry County, Illinois.
WHEREAS, Church of Holy Apostles intends to develop the
Subject Property in accordance with the terms and provisions of
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91R 332331
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, McHenry Public
Library 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 the subject 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 the Subject Property
annexed to the City of McHenry, upon certain terms and
conditions herein set forth; and
WHEREAS, the Corporate Authorities of the City of
McHenry, after due and careful consideration, have concluded
that the annexation of the Subject Property 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
AND THE OWNERS 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
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9IR 032331
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
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 Owners of the Subject Property have 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, contemporaneously
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 that the.
Subject Property to be classified "E" - ESTATE DISTRICT with a
Conditional Use Permit and and variation from the one principal
building per lot zoning regulation to allow the construction
and operation of a church, rectory, school, attendant services
and administrative offices on the same lot, in accordance with
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91R 032331
the terms of this Annexation Agreement and the provisions of
the City of McHenry Zoning Ordinance.
(7a) The Church shall utilize municipal sewer and water
to service its proposed development of the Subject Property if
by March 1, 1992, municipal sewer and water lines of sufficient
size and capacity are located at the property lines of the
Subject Property and are available to service the uses proposed
for -the Subject Property.
(7b) The Church shall be permitted to use individual
septic(s) and individual well(s) to service the various uses
proposed for the subject property if City sewer and/or water
utility lines are not available and located at the property
lines of the Subject Property by March 1, 1992 and/or are not
of sufficient size or capacity to service said uses. The
Church may continue to use the aforedescribed septics and wells
for a period of 36 months after being notified in writing by
the City that the aforedescribed sewer/water utilities are
immediately available to service the property, are located at
the property line of the Subject Property, and are of
sufficient size and capacity to service the proposed uses for
the Subject Property.
(7c) The City will extend or cause the extension of
municipal water lines to the West property line of the Subject
Property which will be available and of sufficient size and
capacity to service the proposed uses for the Subject
Property. This shall be accomplished by requiring the
extension of the municipal water line from its present terminus
(on the Southwest corner of the intersection of Bull Valley and
McHenry/Crystal Lake Road) to the West property line of the
Subject Property by the intervening property owner or by the
City with a recapture (including interest) against said
intervening property owner, but in no event shall the Church be
required to pay any portion of the cost associated with the
installation of said municipal water main up to its west
property line or the recapture of said costs.
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91R 032331
(7d) The Church shall extend the municipal water line
from its West property line to serve the buildings on the
Subject Property then existing at the time of its availability
within the time frames specified herein. However, the Church
shall not be obligated to extend said water line across its
entire frontage to its Eastern property line until notified in
writing by the City that said extension is required to service
an adjacent property.
(7e) The Church shall cooperate with the City and grant
such construction and permanent easements for the construction
and installation of municipal sewer and water lines as are
necessary; however, the location of said easements shall be
mutually agreed upon so that same will not interfere with the
proposed development and use of the Subject Property.
(7f) If the City desires to extend the water lines from
the Western boundary line to the Eastern boundary line of the
Subject Property prior to its being required to serve an
adjacent property owner as provided in paragraph 7d hereof,
then the Church may extend said water lines or the City will
extend said lines and the Church agrees to pay the City the
cost of said construction and engineering expenses with
interest at the rate of 8% over a period of five years from the
date of completion thereof.
(8) The parties hereto agree that there shall be no
annexation or acreage fee due from the Church as a result of
the annexation or development of the Subject Property as
described in this Agreement. However, if the Subject Property
is developed residentially, commercially and/or industrially
and not as described in this Agreement then an annexation fee
of $500.00 per acre plus $500.00 for each Single Family
Residence and each individual dwelling unit in any apartment or
condominium building therein, shall be paid at the time a Final
Plat of Subdivision is approved or application for building
permit is made, whichever occurs first, for the acreage
included within said Plat or permit.
9 1 --36-2282
91R 032331
The above paragraph shall not affect the City's Capital
Development fees which shall be paid when individual building
permits are issued.
(9) Notwithstanding anything contained herein or in the
Village's ordinances to the contrary, it is agreed that the
Site Plan for the proposed buildings and improvements on the
Subject Property shall be subject to the review and approval of
the City Council and not the Plan Commission, Zoning Board of
Appeals or any other Commission or Board of the City. Further,
said review shall not require public notice of said hearing.
(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 Church of Holy Apostles, the
Owners, their heirs, successors and assigns and the City, its
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9IR 032331
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 Federal Court.
IN WITNESS WHEREOF, the Corporate Authorities and the
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.
CITY OF MCHENRY, a unicipal
Corpo a i
BY:
yor
Attest: 0 .
(SEAL) City Clerk
Approved as to form:
�- City Attorney
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91 36-2284
91R 032331
ATTEST'
t
John B. Hoffstetter
Phillip Hoffstetter
(:�;imothy W s
Attest:
Attest:
02657A
CHURCH OF HOLY APOSTLES
By: C D�
E14ine L. Hoffdtetter
Jeffrey W. Hoffstetter
McHenry State Bank as Trustee of
Trust 4432 dated August 2, 1988,
not individually, but solely as
Trustee
By:
McHenry State Bank as Trustee of
Trust 4213 dated December 16,
1987, not individually, but
solely as Trustee
By.
QZ
91-36-2285
9IR 032331
CHURCH OF HOLY APOSTLES
ATTEST:
By:
/N, i WA'
VTX- - MA-IrrAm
-
k&2 v'. �
of rey W. Ho fstetter
Kt
Timothy Wi fs ica :OQsen,hi
'William pse
Attest:
of
WILLIAM J. TAY R
TRUST OFFICER
Attest:
Y11 IAM TAYLOR
02657A TRUS OFFICER
McHenry State Bank as Trustee of
Trust 4432 dated August 2, 1988,
not individually,.,but solel as
Trustee
By.
S
P7 S. KING LJ
r1ee Presider & Sr. Trust Officer
McHenry State Bank as Trustee of
Trust 4213 dated December 16,
1987, not rstee
dually, butsolely
By:
PRILIP -9. KP a
Vice Prcs'_dent & Sr. Trast Officer
91-36-22R6
91R 032331
Arthur J. O'Neil as President of
Church of Holy Apostles
STATE OF ILLINOIS
COUNTY OF McHENRY
Signed by Arthur J. O'Neil as President for Church
of Holy Apostles, and not personally, but solely as agent for
said Diocese. Any claims against said Agent which may result
from the signing of this Petition for Annexation shall be
payable only out of any Diocesan property which may be held
thereunder, and said Agent 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 Arthur J. O'Neil,
is hereby expressly waived by the parties hereto and their
respective successors and assigns.
Arthur J. O'Neil as Agent for Church
of Holy Apostles
BY:
STATE OF ILLINOIS )
COUNTY OF DCHRtW2 )
WINNEBAGO
I, the undersigned, a Notary Public in and for the
County and State aforesaid, do hereby certify that Arthur J.
O'Neil, as Agent aforesaid, personally known to me to be the
same persons whose names are subscribed to the foregoing
instrument as said Agent, appeared before me this day in person
and acknowledged that he signed and delivered said instrument
as her own free and voluntary act of said Agent for the uses
and purposes therein set forth.
Notary Public
My Commission Expires: s`
14 =PUBLIC.
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OVESE
F ILLINOISS 5/8/95
91-.36-2287
91R 032331
McHenry State Bank as Trustee under
the provisions of a Trust Agreement
known as Trust No. 4432, dated August
2, 1988
/ /
PHILIP S. XING
ATTEST: Vice Pr sident & Sr. Trus Offloor
WILLIAM J. TAYLOR
STATE OF ILLINOIS ) TRUST OFFICER
COUNTY OF McHENRY
Signed by McHenry State Bank as Trustee under Trust
4432, 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 McHenry State Bank
is hereby expressly waived by the parties hereto and their
respective successors and assigns.
McHenry St nk as Trustee for
Trust No. jlY, and notApersonally
8Y:
PHILIP S. MG
Vice President & Sr. Trust Officer
WILLIAM J. TAYLOR
STATE OF ILLINOIS )
TRUST OFF!"D,
COUNTY OF McHENRY )
I, the undersigned, a Notary Public in and for the
County and State aforesaid, do hereby certify that the
foregoing Philip S. King and William J. Taylor
respectively the Trust Officer and Trust Officer of
McHenry State Bank as Trustee aforesaid, personally known to me
to be the same persons whose names are subscribed to the
foregoing instrument as said Trust Officer and hasisbant Trust
91-36-2288
Officer, 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 of said Trustee
for the uses and purposes therein set forth, and that said Up
Trust Officer then and there acknowledged the he, as custodian -o•
of the Corporate Seal of said Trustee, caused the Corporate
Seal to be affixed to said instrument as said Trust Officer's
own re nd voluntary act and as the free and voluntary act of CD
the-'' t 1 Banking Association for the uses and purposes W
therein set forth. N
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My Commission Expires:
"OFFICIAL SEAL
Helen S. H9a:i;ns
Notary Peb,it, State of Illimi,
,my Commission :xriras 'u^e 30, 1992
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9l-36-2239
9IR 032331
McHenry State Bank as Trustee under
the provisions of a Trust Agreement
known as Trust No. 4 213 ,, dated
December-
, 1987
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ATTEST: PHILIP S. KIPdG
Vice President & Sr. Trust offio®r
WILLIAM J. TAYLOR
STATE OF ILLINOIS ) TRUST OFFICLER
COUNTY OF McHENRY )
Signed by McHenry State Bank as Trustee under Trust
4213, 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 McHenry State Bank
is hereby expressly waived by the parties hereto and their
respective successors and assigns.
McHenry State Bank as Trustee for
Trust N /, and no personally
BY:
PHILIP S. ING
ATTEST: Vice Progtd-n+. �r Tr„�+ nF.F� �q.•
JNiLL1AM T v' nR
STATE OF ILLINOIS- )TRUST OrFIO-A
COUNTY OF McHENRY )
I, the undersigned, a Notary Public in and for the
County and State aforesaid, do hereby certify that the
foregoing Philip S. King and William J. Taylor
respectively the Trust Officer and Assistant Trust Officer of
McHenry State Bank as Trustee aforesaid, personally known to me
to be the same persons whose names are subscribed to the
foregoing instrument as said Trust Officer and Trust
91-36-2290
'Officer, 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 of said Trustee
for the uses and purposes therein set forth, and that'said
Trust Officer then and there acknowledged the he, as custodian
of the Corporate Seal of said Trustee, caused the Corporate
Seal to be affixed to said instrument as said Trust Officer's
own f ee and voluntary act and as the free and voluntary act of
the &a4 Banking Association for the uses and purposes
therein set forth.
N tary Public
My Commission Expires. "OFFICIAL SEAL"
Helen S. 11373 3 zmz
Notary Fabric, StIte of Illinois
My Commission Expires June 30, 1992
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