HomeMy WebLinkAboutOrdinances - O-93-617 - 02/03/1993 - AUTHORIZE ANNEX AGMT PINTOZZIf
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MARCH 116,19AZ
IN THE MATTER OF THE APPLICATION )
OF MCHENRY STATE BANK, as Trustee )
under the provisions of a Trust )
Agreement dated January 4, 1974, )
and known as Trust No. 619, )
ANTHONY C. PINTOZZI, MAUREEN C. )
PINTOZZI, CHARLES R. PINTOZZI, and )
ROSE MARIE PINTOZZI, sole benefici-)
aries of said Trust, FOR ENTRY INTO)
AN ANNEXATION AGREEMENT WITH THE )
CITY OF MCHENRY, MCHENRY COUNTY, )
ILLINOIS, and PETITION FOR ANNEXA-
TION. )
ORDINANCE NO. 0-93-617
AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN ANNEXATION AGREEMENT
WHEREAS, your Petitioners, MCHENRY STATE BANK, as Trustee
under the provisions of a Trust Agreement dated January 4, 1974,
and known as Trust No. 619, ANTHONY C. PINTOZZI, MAUREEN C.
PINTOZZI, CHARLES R. PINTOZZI, and ROSE MARIE PINTOZZI, sole
beneficiaries of said Trust, have filed a Petition with the City
Council of the City of McHenry authorizing the execution of a
certain Annexation Agreement, a copy of the Agreement is attached
hereto and incorporated herein; and
WHEREAS, it is in the best interests of the City of McHenry,
McHenry County, Illinois, that said Annexation Agreement be entered
into; and
WHEREAS, MCHENRY STATE BANK, as Trustee under the provisions
of a Trust Agreement dated January 4, 1974, and known as Trust No.
619, ANTHONY C. PINTOZZI, MAUREEN C. PINTOZZI, CHARLES R. PINTOZZI,
and ROSE MARIE PINTOZZI, Owners, are ready, willing and able to
enter into said Agreement and to perform the obligations as
required thereunder; and
WHEREAS, the statutory procedures provided in Act 5, Section
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11-15.1-1 et seq. of the Illinois Municipal Code, as amended,
(Chapter 65, Illinois Compiled Statutes, 1992), for the execution
of said Annexation Agreement have been fully complied with:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF MCHENRY, MCHENRY COUNTY, ILLINOIS, as follows:
SECTION I: That the attached Annexation Agreement is
hereby approved and that the Mayor be and he is hereby authorized
and directed to execute, and the City Clerk is directed to attest,
the Annexation Agreement, a copy of which is attached hereto and
made a part hereof.
SECTION II: That this Ordinance shall be in full force and
effect from and after its passage and approval as provided by law.
PASSED this 3rd
day of February
1993.
Lieder, Locke, Bolger, Donahue,
AYES: Serritella, Patterson, Adams, Smith, Busse
NAYES : None
ABSENT: None
ABSTAIN: None
APPROVED by me this 3rd day of February , 1993.
MAYO
ATTEST:
City Clerk
PREPARED BY:
STEVEN J. CUDA of HAMER, SCHUH & CUDA
101 Van Buren Street
Woodstock, IL 60098
815-338-1334
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ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this ?jq% day of
'FEBRVAR.Y , 1993, 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, as Trustee under the provisions of a Trust
Agreement dated the 4th of January, 1974, and known as Trust No.
619, ANTHONY C. PINTOZZI, MAUREEN C. PINTOZZI, CHARLES R. PINTOZZI,
and ROSE MARIE PINTOZZI, (hereinafter collectively referred to as
"OWNERS."
WITNESSETH•
WHEREAS, MCHENRY STATE BANK, as Trustee under the provisions
of a Trust Agreement dated the 4th day of January, 1974, and known
as Trust No. 619, is the record owner of a certain parcel of real
estate, (hereinafter referred to as the "Real Estate"), the legal
description of which is set forth in Exhibit 11111 attached hereto
and made a part hereof by reference and which is hereinafter
referred to in its entirety as Exhibit 111;" and
WHEREAS, ANTHONY C. PINTOZZI and MAUREEN C. PINTOZZI, 820 S.
Cherry Valley Road, McHenry, Illinois 60050, as joint tenants are
the beneficiaries of an undivided one-half interest of said trust,
and CHARLES R. PINTOZZI and ROSE MARIE PINTOZZI, 1305 E. Brookwood
Drive, Arlington Heights, Illinois, as joint tenants are the
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beneficiaries of the remaining undivided one-half interest of the
MCHENRY STATE BANK Trust No. 619; and
WHEREAS, a portion of the Real Estate is contiguous to the
corporate limits of the City of McHenry, Illinois; and
WHEREAS, the OWNERS desire to have the Real Estate annexed to
the City of McHenry upon certain terms and conditions herein set
forth; and
WHEREAS, pursuant to the provisions of Act 5, Section 7-1-1,
et seq. of the Illinois Municipal Code (Chapter 65, Illinois
Compiled Statutes, 1992), notices of the proposed annexation were
sent to the Nunda Township Highway Commissioner, the Nunda Township
Supervisor, the Board of Township 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 Districts of said
Townships; and
WHEREAS, pursuant to the provisions of Act 5, Section 11-15.1-
1, et seq. of the Illinois Municipal Code,. (Chapter 65, Illinois
Compiled Statutes, 1992), 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 OWNERS do not by this Agreement seek the
amendment of any Ordinance of the CITY relating to subdivision
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control, zoning, official plan 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 the Real Estate
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 Act 5, Section 11-15.1-1, et seq. of the Illinois
Municipal Code, (Chapter 65, Illinois Compiled Statutes, 1992);
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 Compiled Statutes and
specifically, Act 5, 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 February 3, 1993, and continued from time to time,
in -accordance with the provisions of the aforesaid Statutes of the
State of Illinois.
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3. The purpose of this Agreement is to provide for
annexation of the Real Estate 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 Petition for Annexation conditioned upon the terms
and provisions of an Agreement to annex the Real Estate 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 and also any
adjacent highways to the far side thereof as required by law. The
Corporate Authorities waive the payment of any annexation fees on
account of or which may be attributable to the annexation of the
Real Estate to the City of McHenry.
6. The Real Estate which is the subject of this annexation
Agreement is now under the jurisdiction of the County of McHenry;
Parcel 1 is presently classified I-1, Industrial District, and
Parcel 2 is classified A-1 Agricultural District, within the
meaning of the County of McHenry Zoning Ordinance.
7. 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 be classified I-1 Light Industry District pursuant to the
City of McHenry Zoning Ordinance. In addition, the CORPORATE
AUTHORITIES shall also adopt an Ordinance granting a variance of
the required front yard depth of the real estate, reducing it from
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forty feet to thirty feet to coincide with the current building set
back line set forth on recorded Plat of Hi Point Subdivision, a
variance of the required off-street parking spaces from fifty to
twenty-five and a variance waiving landscaping and screening
requirements for the Real Estate.
8. The CITY represents that municipal sanitary sewers are
located on property abutting the Real Estate, to which the OWNERS
may connect service for the Real Estate. The CITY further
represents that a municipal water main is presently located on
property abutting the Real Estate. The CITY agrees that the OWNERS
may for the purpose of serving the Real Estate, connect onto such
municipal facilities at such locations as may be designated or
approved by the CITY in accordance with Standard Engineering
Practices and as approved by the City Engineer.
9. The OWNERS shall grant to the City of McHenry a perpetual
municipal utility easement over and across the Real Estate. The
legal description of said easement is set forth on the Plat of
Easement, a copy of which is set forth in Exhibit 112" which is
attached hereto and made a part hereof. The location of said
easement has been approved by the City Engineer. The OWNERS shall
provide the CITY a commitment for the insurance from Chicago Title
Insurance Company in the minimum amount of $10,000.00 which
indicates that the OWNERS hold title to the Real Estate included in
said Plat of Easement free and clear of any mortgage or
encumbrance.
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10. The OWNERS shall at their sole cost and expense extend
City of McHenry sanitary sewer and water systems from their present
termini in the McHenry Corporate Center over and across the Real
Estate. Said water and sanitary sewer extensions shall be located
within the easement area referred to above in Paragraph 9, shall
terminate at the Southeast corner of said Lot 4, and shall be
completed and installed within one year of the date of this
Agreement. The City does not warrant the sufficiency or the
capacity of its sewer and water service.
11. It is understood and agreed that all extensions of
existing sanitary sewers and water mains necessary to serve the
Real Estate, when constructed, shall be constructed and installed
in accordance with plans and specifications to be approved by the
CITY and that the OWNERS shall have the right to connect to such
existing mains and sewers and to such extensions thereof as the
OWNERS may construct and install.
12. The CITY agrees, pursuant to Illinois Compiled Statutes
(1992) Chapter 65, Act 5, Section 9-5-1, as amended, to execute a
recapture agreement with the OWNERS under the terms and provisions
of which the City of McHenry shall agree to reimburse the OWNERS
for an equitable portion of the cost of any sanitary sewer and
water mains to the Real Estate, 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 not to exceed the prime rate of interest locally prevailing on
said acceptance date, when and as collected from such third parties
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during the ten (10) years following such acceptance by the CITY.
Such recapture agreement shall describe the property outside of the
Real Estate 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
facilities by the respective properties of each such owner. The
City of McHenry agrees that no benefitted property owner shall be
permitted to connect to 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 Compiled Statutes
(1992), Chapter 65, Act 5, Section 9-5-1, as amended. Said
recapture agreement shall be filed with the McHenry County
Recorder.
OWNERS agree to bear the cost of enforcing and defending the
recapture agreement and pledge to hold the City of McHenry, its
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officers, agents and employees harmless and to pay all expenses,
costs, judgments incurred by or assessed against them as a result
of the entry into or enforcement of said agreement.
No action of the CITY regarding application to the Illinois or
U.S. EPA for permission to construct sewer lines on any part of the
subject property shall be construed to constitute any
representation, warranty or reservation to OWNER that sewer
capacity will be available to service said sewer line when owner
applies to the CITY for individual sewer service permits.
13. 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 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.
14. It is understood and agreed that upon annexation of the
aforesaid real estate, the performance of obligations hereunder
shall be the responsibility of the MCHENRY STATE BANK, as Trustee
under the provisions of a Trust Agreement dated the 4th day of
January, 1974, and known as Trust No. 619, and its sole
beneficiaries, ANTHONY C. PINTOZZI, MAUREEN C. PINTOZZI, CHARLES R.
PINTOZZI, and ROSE MARIE PINTOZZI, their successors and assigns.
15. If, during the term of this Agreement, any existing,
amended, modified or new ordinances, codes, or regulations
affecting the zoning, subdivision, development, construction of
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to affect the zoning classification of the 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.
17. 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 by any third parties 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.
18. If any provision of this Agreement is declared invalid or
illegal, the remainder of the Agreement shall not be affected
thereby.
19. In the event that any legal action arising out of this
Agreement is instituted by the parties hereto, the venue for such
action shall be restricted to the Circuit Court of the 19th
Judicial Circuit, McHenry County, Illinois, and no action may be
brought by the parties hereto, their successors or assigns, in. any
federal court.
20. The covenants and agreements contained in this Agreement
shall be deemed to be covenants running with the land during the
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9
improvements, buildings or appurtenances, or any other development
of any kind or character upon the Real Estate, are amended or
modified in any manner to impose less restrictive requirements of
the development of, or construction upon properties within the
City, then the benefit of such less restrictive requirements shall
inure to the benefit of the OWNERS, and anything to the contrary
contained herein notwithstanding, the OWNERS may elect to proceed
with respect to the development of, or construction upon the Real
Estate upon the less restrictive amendment or modification
applicable generally to all properties within the City.
16. If during the term of this Agreement, any existing,
amended, modified, or new ordinances, codes, or regulations
affecting the construction of improvements, buildings or
appurtenances upon the Real Estate, are amended or modified in any
manner to impose more restrictive requirements on the 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 all similar
property within the CITY, 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 applied during the term of this Agreement so as
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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.
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.
ATTEST:
i
City Clerk
_.(;SEAL ) m••
APPROVED. -
TO FORM
City attorney
CHARLES R. PINTOZZI
ROSE MARIE PINTOZZI
11
CITY OF MCHENRY
By: v"
Its Mayor
OWNER: MCHENRY STATE BANK, as
Trustee under the provisions of
a Trust Agreement dated the 4th
day of January, 1974, and known
as Trust No. 619
G % WILLIAM J. TAYLOR
By: ICER
Attest:
st Off1cat
ANTHON PINTOZZI
MAUREEN C. PINTOZZI G
1
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EXHIBIT "1"
LEGAL DESCRIPTION
Parcel 1
Lot 4 in Hi -Point 31, being a Subdivision of part of the North
Half of the Southeast Quarter of Section 10, Township, 44
North, Range 8 East of the Third Principal Meridian, according
to the Plat thereof recorded August 13, 1969 as Document No.
513184, in McHenry County, Illinois; and
Parcel 2
That part of the southwest Quarter of Section 10, Township 44
North, Range 8 East of the Third Principal Meridian, being
described as follows: Beginning at the Southwest corner of
Outlot "B" in McHenry Corporate Center Unit One, being a
Subdivision of part of the Northeast Quarter and the Northwest
Quarter of Section 10, Township 44 North, Range 8 East of the
Third Principal Meridian, according to the Plat thereof
recorded on October 6, 1989 as Document No. 89R033780; thence
South 89 degrees 46 minutes 03 seconds East along the north
line of said Southwest Quarter of Section 10, for a distance
of 425.59 +/- feet to the east line of said Southwest Quarter;
thence South along said east line, 20.00 feet; thence North 89
degrees 46 minutes 03 seconds West, parallel to the north line
of said Southwest Quarter, 212.23 feet; thence North 87
degrees 21 minutes 47 seconds West, 238.36 feet; thence North
0 degrees 13 minutes 57 seconds East, 10.00 feet to the north
line of said Southwest Quarter; thence South 89 degrees 46
minutes 03 second East, 25.00 feet to the point of beginning,
in McHenry County, Illinois.
93-16-2271
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