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HomeMy WebLinkAboutOrdinances - O-92-591 - 02/19/1992 - AUTHORIZE ANNEX AGREEMENT FOR BOLGER PROPERTY 2092R 071054 93R 042560 c ORDINANCE NO. 0-92-59.1 AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT BETWEEN O WALTER J. BOLGER, as Record Owner, and JOSEPH DIESCHBOURG, as Contract Purchaser and THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS C� r WHEREAS, WALTER S. BOLGER, is the record owner (hereinafter referred to as the "Owner") of the real estate which is legally described on Exhibit "A" attached hereto and by this referenced made a part thereof (hereinafter referred to as "Subject Property"); and 7 WHEREAS, the Owner and JOSEPH DIESCHBOURG, as Contract Purchaser, have asked that the Subject Property be annexed to the City of McHenry (hereinafter referred to as the "City") in accordance with the terms and con- ditions of an Annexation Agreement which is attached hereto and marked Exhibit "B" and incorporated herein by this reference; and WHEREAS, public hearings on the Annexation Agreement were held before the Corporate Authorities of the City of McHenry pursuant to proper published notice. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS, AS FOLLOWS: Q SECTION ONE: The Annexation Agreement attached hereto and marked Exhibit "B" be, and hereby is approved. SECTION TWO: The City Mayor is hereby authorized to sign and the City Clerk is hereby authorized to attest the attached Annexation Agreement.. SECTION THREE: This Ordinance shall be known as Ordinance No. 0-92-591 , and shall be in full force and effect from and after its passage and approval in the manner provided by law. Passed by a two-thirds (2/3) vote of the CoQrporate Autho Ties of the City of McHenry, McHenry County, Illinois, this 19th day of �e ruary 1992. ' AYES: Lieder, Donahue, Serritella, Adams, Smith, Busse NAYES:Locke, Patterson ABSENT: None _ F ABSTAINED: Rnlnar APPROVED this 19th day of ATTEST: W_ 1 0 1 W-1d - %. R, 51 — February 1992. WILLIAM BUSS , MAYOR 93-46-2416 92-82-2411 W Cn r-- cD i co M 93R 042560 EXHIBIT "A" That part of the South Half of the Northeast Quarter of Section 11, Township 44 North, Range 8 East of the Third Principal Meridian, commencing at the Northeast corner of the Southeast Quarter of the Northeast Quarter of said Section 11, thence South 89 degrees 33 minutes 50 seconds West along the North line of the South Half of the Northeast Quarter of said Section 11 a distance of 610.59 feet to the place of beginning; thence South 0 degrees 28 minutes 58 seconds East, a distance of 181.00 feet; thence North 89 degrees 33 minutes 50 seconds East, a distance of 120.00 feet; thence South 0 degrees 28 minutes 58 seconds East a distance of 240.76 feet; thence South 64 degrees 40 minutes 05 seconds East a distance of 155.52 feet; thence South 0 degrees 28 minutes 58 seconds East a distance of 130.05 feet; thence South 89 degrees 31 minutes 02 seconds West a distance of 40.00 feet; thence South 0 degrees 28 minutes 58 seconds East a distance of 114.55 feet; thence South 89 degrees 33 minutes 50 seconds West a distance of 920.00 feet; thence North 0 degrees 28 minutes 58 seconds West a distance of 734.00 feet to a point on the North line of the South Half of the Northeast Quarter of said Section 11, thence North 89 degrees 33 minutes 50 seconds East along aforesaid line a distance of 700.00 feet to the place of beginning all in the City of McHenry, McHenry County, Illinois. 93-4E'5-2417 92R 07 1054 93R '042560 RECEIVED AUG 19 1992 00 -.:J- ANNEXATION AGREEMENT CITY OF WHFNRY C) THIS AGREEMENT made and entered into this 19th day of February, 1992, by and i M between the CITY OF McHENRY, a municipal corporation in the State of Illinois, (hereinafter f referred to as "CITY"), and WALTER J. BOLGER, as the owner of subject premises and JOSEPH T. DIESCHBOURG, as the contingent contract purchaser (hereinafter collectively referred to as "OWNER" and/or "DEVELOPERS"). WITNESSETH: WHEREAS, WALTER J. BOLGER, is the owner of record of a certain parcel of real estate, the legal description of which is set forth in Exhibit "A" attached hereto and made a part hereof by reference and which is hereinafter referred to in its entirety as Exhibit "A"; and WHEREAS, a portion of the real estate described in Exhibit "A" is contiguous to the corporate limits of the City of McHenry, Illinois; and i WHEREAS, adequate provision for utility services, roads, drainage and other necessary i facilities will be provided by OWNERS in accordance with the City of McHenry Subdivision Control Ordinances except as herein provided; and WHEREAS, pursuant to the provisions of Section 7-1-1, et. seq. of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes, 1983), notices of the proposed annexation were sent to the Nunda Township Highway Commissioner, the Nunda Township Supervisor, the Board of Town Trustees of Nunda Township. The City of McHenry does not furnish fire protection service nor does it operate a municipal library, therefore no notice of the annexation is required to be sent to the Fire Protection Districts of McHenry and Nunda Townships or the Library O CD CC) DIAMOND, LESUEUR Districts of said Townships; and C7 & ROTH, ASSOCIATES N ATTORNEYS 3431 W ELM STREET MCHENRY ILLINOIS -_- 1 '' 615-365-6640 /t�j � rV G1�kIl 81T ���� 93-46--2418 92-82-2413 92R 071054 93R 042560 00 O C'7 aN DIAMOND. LESUEUR 8k ROTH. ASSOCIATES ATTORNEYS 343, W ELM STREET MGHENRY, ILLINOIS 815-385-68AO WHEREAS, pursuant to the provisions of Section 11-15.1-1, et. seq. of the Illinois Municipal Code, (Chapter 24, Illinois Revised Statutes, 1983), a proposed Annexation Agreement was submitted to the CORPORATE AUTHORITIES and a public hearing was held thereon before the City Council of the City of McHenry pursuant to notice, as provided by Statutes of the State of Illinois; and WHEREAS, the Plan Commission of the City of McHenry, pursuant to Section VI of the Subdivision Control Ordinance, has considered and recommended approval of the Preliminary Plat of Subdivision of the territory to be annexed, attached hereto and made a part hereof as Exhibit "B"; and WHEREAS, the OWNERS do not by this Agreement seek any variance from the provisions of any Ordinance of the City relating to subdivision control, zoning, official plat or building code and related restrictions or any other ordinances except as specified herein; and WHEREAS, the CORPORATE AUTHORITIES after due and careful consideration have concluded that the annexation of said real estate described in Exhibit "A" 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; and FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, IT IS AGREED AS FOLLOWS: 1. This Agreement is made pursuant to and in accordance with the provisions of Sections 11-15.1-1, et. seq. of the Illinois Municipal Code, (Chapter 24, Illinois Revised Statutes, 1983, as amended); that said statutory provisions provide for annexation agreements CP Q to be entered into between owners of record and municipalities; that all of the requirements of d C"I.i t 2 CV1.T Cr 93-46-2419 92-82-2414 00 O DIAMOND. LESUEUR a ROTH. ASSOCIATES ATTORNEYS 3431 W ELM STREET MCHENRY ILLINOIS 815.385-6840 92R 071054 93R 042560 the Illinois Revised Statutes and specifically, Section 11-15.1-1, et. seq. of the Illinois Municipal Code in regard to publication and notice have been met prior to the date fixed for the hearing on the proposed Agreement. 2. This Agreement is entered into after a public hearing before the CORPORATE AUTHORITIES of the City of McHenry which hearing was held December 16, 1991, and continued from time to time, in accordance with the provisions of the aforesaid Statutes of the State of Illinois. 3. The purpose of this Agreement is to provide for annexation of the real estate described in Exhibit "A" attached hereto and made a part hereof to the City of McHenry, Illinois, upon the terms and conditions described in this Agreement. 4. The OWNERS have filed with the City Clerk of the City of McHenry a proper I Petition for Annexation conditioned upon the terms and provisions of an Agreement to annex the real estate described in Exhibit "A" attached hereto and made a part hereof to the City of McHenry. 5. The CORPORATE AUTHORITIES, upon execution of this Agreement will, pursuant to the Petition for Annexation herein filed, enact an Ordinance annexing the real estate described in Exhibit "A" attached hereto and made a part hereof and also any adjacent highways to the far side thereof as required by law. 6. That the real estate described in Exhibit "A" which is the subject of this Annexation Agreement is now under the jurisdiction of the County of McHenry ,and is presently C C classified, "A-1" Agriculture District, within the meaning of the County of McHenry Zoning o C i Ordinance. M 3 C71 93-46-2420 92-82-2415 (192R 071054 93R 042'560 co CD C� Cn CT DIAMOND, LESUEUR a ROTH. ASSOCIATES ATTORNEYS 3431 W ELM STREET MCHENRY, ILLINOIS 615-385-6640 7. That immediately upon annexation of the heretofore described real estate to the City of McHenry the CORPORATE AUTHORITIES shall adopt an Ordinance or Ordinances so as to provide that the real estate described in Exhibit "A" be classified 'IRS-2", Single -Family District. 8. That 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. 9. Notwithstanding the City's Subdivision Ordinances, the City agrees that the OWNERS shall be under no obligation to construct or dedicate any subdivision roads, or dedicate any subdivision easements to the City until a final plat of subdivision encompassing the subject area in which the road or dedication is located has been approved by the CORPORATE AUTHORITIES. Upon such approval, roads included in the final plat shall be constructed by the DEVELOPERS, their successors, grantees or assigns at DEVELOPERS' expense, in accordance with the provisions of the City of McHenry Subdivision Control Ordinance. The City hereby approves the Preliminary Plat of Subdivision which is attached hereto and made a part hereof as Exhibit "B". The OWNERS -DEVELOPERS may submit for approval to the City i from time to time as it may deem expedient, pursuant to the provisions of the Subdivision Control Ordinance, a final plat of Subdivision of the subject real estate substantially in cY; conformance with Exhibit "B" and the City shall approve such plats, provided such plats are C M consistent with applicable ordinances, as well as the terms of this Agreement and Exhibit "B".7 N 4 ) C V T, 93-46-2421 92-82-2416 2R 071054 93R 042560 0D C) CSC aN DIAMOND, LESUEUR a ROTH, ASSOCIATES ATTORNEYS 3431 W ELM STREET MCHENRY, ILLINOIS 815-385-6840 10A. Sewer. That the DEVELOPERS shall at their sole cost and expense extend the City of McHenry sanitary sewer system from its present termini to the territory annexed hereby and throughout said subdivision pursuant to the City's requirements. The City does not warrant the sufficiency of the capacity of its sewer service. 10B. Municipal Water Service: The parties agree that the City shall, at its own expense, furnish all water mains, valves, hydrants and appurtenances for the construction and installation of a 10 inch municipal water main and that the Developer shall, at its sole expense, furnish all labor and equipment for the construction and installation of a said water main and related facilities from a point to be designated by the City on the west side of Green Street to the City water tower located in the Tonyan Industrial Park in accordance with plans and specifications provided by the City. Developers shall, at their sole expense, extend said water main from the aforesaid terminus on the west side of Green Street to the Subject Premises in accordance with plans and specifications prepared by the Developer and approved by the City. Developer shall, at its sole expense, obtain all City easements for the aforesaid water main from, the aforesaid water tank to the subdivision. The Developer shall assure the construction of said water main by filing a Construction Guaranty with the City Clerk in the amount of 100% of the estimated costs, as approved by the City Engineer, of all off -site and on -site water mains, in the manner and form otherwise required by the Subdivision Control Ordinance. The Developers shall also guarantee the material and workmanship of said water mains as required by the Subdivision Control Ordinance. 11 The Owner agrees to pay developer cash donations in the amounts of and at the times provided for in the Developer Donation Ordinances of the City in effect at the time such property or any portion thereof is platted (recording of final plat). Any required I 93-46-2422 92-82-2417 92R071054 93R 042560 00 O C'7 C91 DIAMOND, LESUEUR a ROTH. ASSOCIATES ATTORNEYS 3431 w ELM STREET MCHENRY ILLINOIS 815.385 6840 developer donations. may be used for land acquisition, constructing buildings and building additions, building site improvements and appurtenances and for any capital or operating expense. 12. That the DEVELOPERS shall pay to the City of McHenry an annexation fee in the amount of $25,550 calculated as follows: $500 per acre of annexed territory; and $500 per lot. The $25,550 annexation fee shall be payable prior to recording the final plat of subdivision for the subject real estate but no later than 90 days from the date of this Agreement. 13. The CORPORATE AUTHORITIES agree to permit the development of the real estate described in Exhibit "A" subject to the following conditions and restrictions: (a) DEVELOPERS agree to subdivide the above -described property as set forth herein and in compliance with the Subdivision Control Ordinance of the City of McHenry and the preliminary plat attached hereto as Exhibit "B" , (b) DEVELOPERS may erect one subdivision sales and identification sign, not to exceed, on each of two (2) display surfaces, four feet by eight feet., to be located on the subdivision premises on -an abuttingkity street, until February 1, 1994. (c) DEVELOPERS may maintain a sales and construction office within the subdivision until February 1, 1994. Said office may be located in a construction trailer on a lot within the development or in a model home. (d) DEVELOPERS agree to comply with the requirements of the City Engineer with respect to providing rip -rap for erosion and sedimentation control along the drainage easement located on Lot 15 of the preliminary plat and at the end sections of all storm sewers entering detention basins. In addition, all storm structures which take overland drainage shall be designed as catch basins. (e) The following notation shall be placed on the final plat of subdivision of the attached Exhibit "B" : "MAINTENANCE AND REPAIR OF SURFACE WATER �- DETENTION/RETENTION AREAS. Surface water detention/retention easement areas depicted hereon shall be maintained in a functionally operating condition at all times by the owners of those premises on which such easements are located. If any such Owner fails or neglects to 6 c� 93-46-2423 92-82-2418 92 071054 93R 0'425(660 co O M DIAMOND, LESUEUR B. ROTH. ASSOCIATES ATTORNEYS 3431 W ELM STREET MCHENRY, ILLINOIS 615-365 6640 perform said obligation, the City is authorized (but not obligated) to enter upon such Owner's premises to repair and maintain said easement area, assess all its costs and expenses thereof (including attorneys fees) to such Owner, file a lien against such Owner's premises for such sum in the office of the Recorder of Deeds of McHenry County, Illinois, and prosecute any action against such Owner to obtain reimbursement for said costs and expenses. Interest shall accrue on said costs and expenses and shall be payable to the City (at the judgment rate of interest), from the date such expenses and costs are incurred by the City until the City is reimbursed by such Owner. 14. DEVELOPERS agree that the premises annexed pursuant to the terms of this Agreement shall be developed only in accordance with the provisions of the City of McHenry Zoning Ordinance relating to "RS-2" Single -Family District classifications; and the DEVELOPERS agree to subdivide said territory in accordance with the procedures and provisions contained in the Subdivision Control Ordinance of the City of McHenry in effect at the time such subdivision of any of the annexed territory is sought. 15. It is further understood and agreed that the aforesaid covenants, representations and agreements shall be deemed to be covenants running with the land and shall inure to the benefit of and be binding upon the heirs, successors, executors and assigns of the OWNERS and/or DEVELOPERS. 16. The parties hereto agree that those portions of the real estate described in Exhibit "A" not under development for residential purposes may be used for agricultural purposes (excluding animal husbandry) and that said use shall survive the termination of this Agreement I as provided by Statute and in addition thereto said agricultural use shall be recognized as a legal non -conforming use within the meaning of the City of McHenry Zoning Ordinance. 17. If, during the term of this Agreement, any existing, amended, modified or new C cc ordinances, codes, or regulations affecting the zoning, subdivision, development, construction C 7 c-M�' ) V I 93-46-2424 92-82-2419 92� 071054 93R 042560 OD of improvements, buildings or appurtenances, or any other development of any kind or character -- upon the subject real estate, are amended or modified in any manner to impose less restrictive CD requirements on the development of, or construction upon properties within the City, then the aN benefit of such less restrictive requirements shall inure to the benefit of the DEVELOPERS, and anything to the contrary contained herein notwithstanding, the DEVELOPERS may elect to proceed with respect to the development of, or construction upon, the subject real estate upon the less restrictive amendment or modification applicable generally to all properties within the City. 18. If during the term of this Agreement, any existing, amended, modified, or new ordinances, codes, or regulations affecting the zoning, subdivision ,development, and/or construction of improvements, buildings or appurtenances or any other development of any kind or character upon the subject real estate, are amended or modified in any manner to impose more restrictive requirements on the development of or construction upon properties within the City, then the burden of such more restrictive requirements shall apply to such portions of the subject real estate for which no application has been made for a building permit, provided however, that any fees and charges established from time to time by Ordinances of the City of McHenry, other than annexation fees, applicable generally to similar property within the City (excluding such properties that may be excepted from the operation of such Ordinances, in whole or in part, by any Annexation Agreement) shall be applied at the rate of effect at the time said fees and charges are due and payable. Notwithstanding anything heretofore mentioned to the contrary, no such change or modification of any such Ordinance, code or regulation shall be r- applied during the term of this Agreement so as to affect the zoning classification of the subject DIAMOND. LESUEUR & ROTH. ASSOCIATES ATTORNEYS 3431 W ELM STREET 8 McHENRY, ILLINOIS 815 385 6640 93-46-2425 92-82-2420 11 071054 93R 042560 00 O M DIAMOND, LESUEUR $� ROTH, ASSOCIATES ATTORNEYS 3431 W ELM STREET MGHENRY, ILLINOIS 815 385-6840 real estate, and the uses permitted thereunder by the Zoning Ordinance of the City of McHenry in effect as of the date of this Agreement, as heretofore provided in Paragraph 7 of this Agreement, and the annexation fees as stipulated in Paragraph 12 of this Agreement. 19. 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 calculations of said twenty (20) year period. 20. If any provision of this Agreement is declared invalid or illegal, the remainder of the Agreement shall not be effected thereby. 21. 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 the heirs, successors and assigns of the parties, including the City, its 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. 22. Notices: Any notice required pursuant to the provisions of this Agreement shall be in writing and be sent by certified mail, express mail or hand delivered to the following addresses until notice of change of address is given and shall be deemed received on the fifth (5th) business day following deposit in the U.S. Mail. E C0 0 co 0 N {M V 93-46-2426 92-82-2421 '92R��071054 OR 042560 co O Cn On DIAMOND. LESUEUR a ROTH, ASSOCIATES ATTORNEYS 3431 W ELM STREET MCHENRY, ILLINOIS 815-385-6640 OWNERS/DEVELOPER: CITY: Joseph Dieschbourg MIDWEST HORIZON BUILDERS 530 East Bonner Road Wauconda, Illinois 60084 John A. Roth DIAMOND, LeSUEUR & ROTH, ASSOC. 3431 West Elm Street McHenry, Illinois 60050 City of McHenry 333 South Green Street McHenry, Illinois 60050 IN WITNESS WHEREOF, the CORPORATE AUTHORITIES and the OWNERS and the DEVELOPERS 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 thereof, all on the day and year first written above. CITY OF McHENRY, an Illinois Municipal Corporation, By. APPROVED AS TO FORM: City Attorney ATTEST: 10 93--46-2427 92-82-2422 ` . 921 03 0 C= c 1? 1AMOND, LESUEUR ROTH. ASSOCIATES ATTORNEYS 3431 W ELM STREET AcHENRY, ILLINOIS 815-385-6840 1 071054 93R 042560 STATE OF ILLINOIS ) COUNTY OF McHENRY ) SS I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that WALTER J. BOLGER and JOSEPH T. DIESCHBOURG personally known to me to be the same person whose name subscribed to the foregoing instrument appeared before me this day in person, and acknowledged that they signed, sealed and delivered the said instruments as their free and voluntary act, for the uses and purposes therein set forth. Given under my hand and notarial seal, this day of , 1992. (SE=Public, OFFICIALAL" Notary Public TH f Illinoiss 1/3/93 STATE OF ILLINOIS ) COUNTY OF McHENRY ) SS I, the undersigned, a Notar}` Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that WILLIAM'BUSSE and BARBARA E. GILPIN personally known to me to be the same person whose name subscribed to the foregoing instrument appeared before me this day in person, and acknowledged that they signed, sealed and delivered the said instruments as their free and voluntary act, for the uses and purposes therein set forth. Given under my hand and notarial seal, this I% TH day of Ue— 6, S -r- , 1992. (SEAL) "OFFICIAL SEAL„ JOAN MARTH Notary Public, State of Illinois My Commision Expires 12/17/94 11 Notary Public 93-46-2428 92-82-2423 93R 042560 EXHIBIT "A" That part of the South Half of the Northeast Quarter of Section 11, Township 44 North, Range 8 East of the Third Principal Meridian, commencing at the Northeast corner of the Southeast Quarter of the Northeast Quarter of said Section 11, thence South 89 degrees 33 minutes 50 seconds West along the North line of the South Half of the Northeast Quarter of said Section 11 a distance of 610.59 feet to the place of beginning; thence South 0 degrees 28 minutes 58 seconds East, a distance of 181.00 feet; thence North 89 degrees 33 minutes 50 seconds East, a distance of 120.00 feet; thence South 0 degrees 28 minutes 58 seconds East a distance of 240.76 feet; thence South 64 degrees 40 minutes 05 seconds East a distance of 155.52 feet; thence South 0 degrees 28 minutes 58 seconds East a distance of 130.05 feet; thence South 89 degrees 31 minutes 02 seconds West a distance of 40.00 feet; thence South 0 degrees 28 minutes 58 seconds East a distance of 114.55 feet; thence South 89 degrees 33 minutes 50 seconds West a distance of 920.00 feet; thence North 0 degrees 28 minutes 58 seconds West a distance of 734.00 feet to a point on the North line of the South Half of the Northeast Quarter of said Section 11, thence North 89 degrees 33 minutes 50 seconds East along aforesaid line a distance of 700.00 feet to the place of beginning all in the City of McHenry, McHenry County, Illinois. 93-46-2429