HomeMy WebLinkAboutOrdinances - O-92-591 - 02/19/1992 - AUTHORIZE ANNEX AGREEMENT FOR BOLGER PROPERTY 2092R 071054 93R 042560
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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
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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
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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:
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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 _
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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
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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
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ANNEXATION AGREEMENT CITY OF WHFNRY
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THIS AGREEMENT made and entered into this 19th day of February, 1992, by and i
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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
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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
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DIAMOND, LESUEUR
Districts of said Townships; and C7
& ROTH, ASSOCIATES
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ATTORNEYS
3431 W ELM STREET
MCHENRY ILLINOIS
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92R 071054 93R 042560
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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
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to be entered into between owners of record and municipalities; that all of the requirements of d
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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
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classified, "A-1" Agriculture District, within the meaning of the County of McHenry Zoning o
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Ordinance.
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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
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conformance with Exhibit "B" and the City shall approve such plats, provided such plats are C
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consistent with applicable ordinances, as well as the terms of this Agreement and Exhibit "B".7
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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
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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
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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
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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
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ordinances, codes, or regulations affecting the zoning, subdivision, development, construction C
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of improvements, buildings or appurtenances, or any other development of any kind or character
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upon the subject real estate, are amended or modified in any manner to impose less restrictive
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requirements on the development of, or construction upon properties within the City, then the
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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
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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
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McHENRY, ILLINOIS
815 385 6640
93-46-2425 92-82-2420
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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.
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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:
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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
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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