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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 0. C3 W N C-J w 91-36-2276 91R 032331 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 -2- 91-36-2278 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 -3- 91-36-2279 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 -4- 91-36-2280 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. -5- 9 1 - 36 - 2281 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 -7- 91-36-2283 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 -8- 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. EAL " 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 W / W My Commission Expires: "OFFICIAL SEAL Helen S. H9a:i;ns Notary Peb,it, State of Illimi, ,my Commission :xriras 'u^e 30, 1992 c 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 7• l 1 --- / U 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 02657A.10 C3 tV W E+J 91 `36 -229