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HomeMy WebLinkAboutOrdinances - O-92-588 - 02/05/1992 - AUTHORIZE ANNEX AGMT SOUTH 31 IND PARK (TONYAN)E VF D 5DTNYNOR.APR ORDINANCE NO. 0-92-588 F F R () a 199�'_ Ci f y OF MCHENRY AN ORDINANCE PROVIDING FOR THE APPROVAL OF A PROPOSED ANNEXATION AGREEMENT BETWEEN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AND MCHENRY STATE BANK, AS TRUSTEE UNDER TRUST NO. 1181 WHEREAS, MCHENRY STATE BANK, AS TRUSTEE UNDER TRUST NO. 1181, 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: ► C-cokbED a-aI-ga-- --'P qa �2 a987a 7 SECTION 1: The Annexation Agreement, bearing the date of February 5, 1992, 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 5th day of February, 1992. AYES: Lieder, Locke, Donahue, Bolger, Serritella, Patterson, Adams NAYS: Nnna ABSTAIN: None ABSENT: Smi th APPROVED this 5th day of FebruaWX&A/41 MAY R ATTEST: CITY CLERK 2 a e x O `� \ 0 n0n=,,—.r 4Z cag���2/\ai£ zz-- �2 2=\ o� ='eE$5—=�k\: o = '%\§aƒ2}{a\2=, { —;%j��==°— }'=ci2�7°�3�\ :za°{ /0-0 a=-?z= 3(D 0 CDCD C)C«E2,>- kG E��\\�/ /}2\{\E/\(\\/\ ,\�\(D CD Z _� ,/00 Iy»:00CD 0 Sags }zZ}§2<0\ \g�z c C; 0, 3 to a) \ 5 n , , o ! ®�. . ®`IQ°G0 0(D { ?§:«,2=, , U, C- 0 CO ma c }\to 0/§=_�0,2§ , 22,22—=@g02m o W : o , \\ƒ}/�)��/�—° �cn ,—E�mE& }\/\k/S7\\7z $\=�2f Zk \\j§E a� CDat=og,_-5 42; Ci \3kf\}3f \_\±$$ ,ƒ—U)CO 0 `. % CD - co E E f 2 RECEIVED F E Q 06 1992 3D0019.ANX CITY OF M_cHEIVRY ANNEXATION AGREEMENT " THIS AGREEMENT, made and entered into this 5th day of February, 1992, 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 McHENRY STATE BANK, not individually but as TRUSTEE UNDER THE PROVISIONS OF A TRUST AGREEMENT DATED THE 15TH DAY OF MARCH, 1977, AND KNOWN AS TRUST NO. 1181 (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: Beginning 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, in McHenry County, Illinois; thence East along the North line thereof 1316.35 feet to a point marking the Northeast corner of said Quarter Quarter Section thence South along the East line thereof 596.55 feet to a point; thence West parallel with the aforesaid North line, a distance of 1316.35 feet, more or less, to a point on the section line between Sections 10 and 11, Township and Range aforesaid; thence continuing West along the same course, a distance of 292.86 feet, more or less, a total distance on this course of 1609.21 feet, to a point in the center line of State Route 31; thence Northeasterly, on a straight line, at an angle of 63 degrees, 01 minutes, turned counterclockwise from the last described course, a distance of 670.56 feet to the place of beginning. All lying and being in a part of the Northeast Quarter of the Northeast Quarter of Section 10 and in the Northwest Quarter of the Northwest Quarter of Section 11, Township 44 North, Range 8 East of the Third Principal ��ClII BlT cleg to Meridian, in McHenry County, Illinois (Hereinafter referred to as "Parcel"). WHEREAS, Parcel 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, Parcel 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 Parcel 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 Parcel 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; 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 2 public hearing was held before the City of McHenry Zoning Board of Appeals on the requested zoning variations and the recommendation made by the Zoning Board of Appeals on the requested zoning classification of said Parcel and requested zoning variations was submitted to the Corporate Authorities; WHEREAS, pursuant to the Subdivision Control Ordinance of the City of McHenry, a public hearing was held before the City of McHenry Plan Commission on the requested subdivision and variations to said Ordinance for said Parcel and the recommendation made by the Plan Commission on the requested subdivision and variations thereto was submitted to the Corporate Authorities; WHEREAS, because the City provides neither library nor fire 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 representations 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 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 3 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, the Zoning Board of Appeals of the City of McHenry and the Plan Commission 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 and Subdivision Control Ordinance. 4. That the purpose of this Agreement is to provide for annexation of Parcel 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 Parcel heretofore described to the City of McHenry. 6. That the Corporate Authorities, upon execution of this Agreement, shall enact an Ordinance annexing the aforedescribed Parcel 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 4 r amending the City of McHenry Zoning Ordinance, as amended, so as to classify said Parcel to the "I-1" - Industrial District and to grant the following variations to the Subdivision Control Ordinance: a. That the time limit for submission of a final plat of subdivision be increased to five (5) years. See Section V.F.1. b. That the proposed street shall not be required to extend to the eastern boundary of the property. See Section VII.B.7. C. That the proposed street be allowed to exceed 400 feet in length when terminating in a cul-de-sac, as shown on the preliminary plat of subdivision. See Section VII.B.13. d. That the proposed street be designated a "minor" street pursuant to Section VII. B.5.f. and g. and Section VIII E.2. Except the construction specification set forth at Section VIII E.2 for a collector commercial will apply. e. That no sidewalks be required. Section VIII E.8.A. 5 f. That the 60' north/south right-of- way depicted on Exhibit "A" as Liberty Street is dedicated for possible future roadway purposes. The owner shall have no obligation to install any road improvements in said right-of-way and the final plat of subdivision shall reflect same. The City agrees to vacate said north/south right-of-way upon the request of the then lot owners abutting said right-of-way, if the premises adjoining on the north boundary line of the subject premises are annexed to the City and are allowed to be developed without any requirement for the construction of a road thereon connecting with the said north/south right-of-way. 8. City hereby approves the Preliminary Plat of Subdivision for South 31 Industrial Park Subdivision prepared by Conway Surveying, Inc., P.C., bearing a revision date of January 17, 1992, attached hereto and marked Exhibit "A", which reflects the aforesaid variations. 9. The Owner shall have five (5) years from the date of the approval of said Preliminary Plat to submit to the City Clerk the Final Plat of Subdivision for Parcel. Except as to the variances expressly granted herein, Owner shall comply with all provisions of the Zoning Ordinance and Subdivision Control Ordinance of the City for the improvement of Parcel. 10. Owner shall pay all costs and expenses for the construction of the extension of municipal sanitary sewer and water mains to the Parcel 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 Protection Agency for the construction and use of the sewer and water mains described herein as well as for the construction of roadways and other improvements as indicated on the Preliminary Plat of Subdivision. 11. The City agrees, pursuant to Illinois Revised Statutes (1989), Chapter 24, Section 9-5-1, as amended, to execute a recapture agreement with the Owner under the terms and provisions of which the City of McHenry shall agree to reimburse the Owner for an equitable portion of the cost of extending sanitary sewer and water mains to this Parcel, including costs and expenses incurred in the acquisition of any necessary easements for such sewer and water main extensions, together with interest thereon from the date said facilities have been accepted by the City until connection thereto is sought by the benefitted third parties at a rate equal to the then prevailing prime interest rate as published by the 7 B Exchange National Bank or its successor, when and as collected from such third parties during the next ten (10) years. Such recapture agreement shall describe the property outside of the Parcel which may reasonably be expected to benefit from the sanitary sewer and water main facilities and shall specify the equitable amount: or proportion of the cost of said facilities which is to be incurred primarily for the benefit of that property. Such recapture agreement shall also provide that the City of McHenry shall collect such recapture fees charged to the owners of the property not within the Parcel at the time application is made to connect to and use the facilities by the respective properties of each such owner. The City of McHenry agrees that no benefitted property owner shall be permitted to connect onto and utilize said sanitary sewer and water main extensions and connections without first paying the recapture fees to the City as hereinabove stated. The City Engineers of the City of McHenry shall determine the service area and the identity of the properties potentially benefitted by the extension of said sanitary sewer and water mains and also the equitable proportion of the total cost and expense thereof which is to be recaptured from each of said properties or tracts of land. The City of McHenry shall have no recapture obligations under this paragraph until the terms thereof are formalized into a separate written agreement in accordance with the provisions of Illinois Revised Statutes (1989), Chapter 24, Section 9-5-1, as amended. The City will receive a fee of two (2%) percent of the recapture amount for servicing the recapture agreement. C I 12. 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 not 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 water main easements. Such costs and expenses of acquisition by eminent domain shall be includable in the costs and expenses that are subject to recapture by the Owner from third parties benefiting from connection onto said sanitary sewer and water main facilities. 13. The parties agree that the Parcel 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 or expansions thereof shall be considered legal, non -conforming uses and all buildings and residences shall be considered legal, non- conforming uses and/or buildings within the meaning of the City of McHenry Zoning Ordinance. However, it is understood and agreed between the parties, that agricultural uses or expansions thereof shall be considered legal, non -conforming uses and/or buildings 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 Parcel to 9 maintain, repair, and service all municipal sanitary sewer and water mains and facilities located on Parcel. 14. No park, school, fire district, or library donations, and no annexation fees shall be required by reason of the annexation of Parcel unless said Parcel or any part thereof, is used for residential purposes in which case such fees shall be paid as provided by Ordinance. 15. No change or modification of any ordinance, code: or regulation shall be applied during the term of this Agreement so as to affect the zoning classification of Parcel, the variations herein requested, and the uses permitted thereunder by the City of McHenry Zoning Ordinance in effect as of the date of this Agreement as hereinbefore 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. 16. 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. 17. This Agreement shall be valid and binding for a term of twenty (20) years from the date of its execution. 18. This Agreement shall be enforceable only in a court of competent jurisdiction in the State of Illinois by any of the 10 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. 19. 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. 20. Owner agrees that the final plat of subdivision will contain a fifty (50) foot building line abutting the most easterly line of the subject property. 21. Owner agrees to submit to the City a landscaping plan applicable only to the lots abutting the most easterly property line as and when the owners of said industrial lots apply for and are granted building permits. The landscape plan is for the purpose of providing a landscape buffer area between the industrial zoned and residential zoned property. Said landscape plan shall be subject to the approval of the City Council and shall be implemented at Owner's sole expense within the time the City Council specifies. 22. The Owner agrees to comply with the Illinois Department of Transportation requirements outlined in the letter attached hereto as Exhibit "B", as may be modified by IDOT. IN WITNESS WHEREOF, the Corporate Authorities, and the Owner have hereunto set their hands and seals, and have caused this 11 instrument to be executed by their duly authorized officials and the corporate seal attached thereto, all on the day and year first written above. ATTEST: City Clerk (SEAL) CITY OF MC ENRY By: Its yor McHENRY STATE BANK, AS TRUSTEE UNDER TRUST NO. 1181 By: �; �l Its ;!. All 1 if RUST OF ATT ST: 7;,E?V,LD HELT WIMst Officeg APPROVED AS TO FORM: City Attorney 12 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 William J. Busse and Barbara E. Gi 1 pin 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 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 purposes therein set forth. "OFFICIAL SEAL" Notary Public JOAN MARTH Notary Public, State of Illinois My Commislon Expires 12/17/94 13 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 William J. Taylor respectively Trust'Officer' and r,Prald L. Helt, T.O. of McHENRY STATE BANK, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such Trust Officer _and Trust 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 Corporation, for the uses and purposes therein set forth and that said Trust Officer then and there acknowledged that Trust Officer , as Custodian of the Corporate Seal of said Corporation, caused the Corporate Seal of said Corporation to be affixed to said instrument as their own free and voluntary act and as the free and voluntary act of the Corporation for the uses and purposes therein set forth. Notary Public�Y i ..9 LM Cor T,ission Expires Nov. 9, 1992 14 Illinois Department of Transportation Division of Highways/District 1 201 West Center Court/Schaumburg. Illinois/60196-1096 May 2, 1990 PERMITS Location: Illinois 31 & Kimball Street Mr. James Condon Smith Engineering Consultants, P.C. 4105 West Crystal Lake Road �ti -- McHenry, Illinois 60050 Dear Mr. Condon: We have reviewed your preliminary plat for the "South 31 Industrial Park Subdivision" and find the concept acceptable. Prior to our signing the final plat, a statement prohibiting direct access from Lots 44 and 58 to Illinois 31 must be added. Geometrics at the intersection of Illinois 31 and Kimball should include widening of Illinois 31 to provide separate right turn and left turn lanes. If you have any questions regarding this matter, please contact Mr. Thomas Nuzzo of my staff at 705-4131. Very truly yours, James C. Slifer, P.E. District Engineer By: �� / f Daniel R. Ehart, P.E. Traffic Permit Engineer TN /k as EXHIBIT..