HomeMy WebLinkAboutOrdinances - O-95-687 - 01/11/1995 - AUTHORIZE ANNEX AGMT BLAKE FAMILY PROPERTYORDINANCE NO. 0-95- 687
An ordinance Authorizing Execution of an Annexation
Agreement Relating to Property Owned by the
Blake Family Limited Partnership
BE IT ORDAINED by the City Council of the CITY OF McHENRY,
McHenry County, Illinois, as follows:
SECTION 1: That the Mayor be, and is hereby authorized and
directed to execute, and the Clerk is authorized and directed to
attest, duplicate original copies of an Annexation Agreement by and
between the City of McHenry and the Blake Family Limited Partner-
ship, a copy of which is attached hereto and made a part hereof.
SECTION 2: This ordinance shall be in full force and effect
immediately after its passage and approval.
SECTION 3: If any section, paragraph, subdivision, clause,
sentence or provision of this Ordinance shall be adjudged by any
Court of competent jurisdiction to be invalid, such judgment shall
not affect, impair, invalidate or nullify the remainder thereof.,
which remainder shall remain and continue in full force and effect.
SECTION 4: All ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION 5: This Ordinance shall be in full force and effect
upon its passage, approval and publication in pamphlet form (which
publication is hereby authorized) as provided by law.
Voting Aye: Bolger, Locke, Lawson, Baird, Cuda
voting Nay: Bates
Absent: None
Abstain: None APPROVE
a r teven J. Cuda
(S
ATTES .
City Clerk Pa ela J. thoff
Passed: January 11, 1995
Approved: January 11, 1995
Published: January 12, 1995
Prepared by, - 4 -te
David W. McArdle
Zukowski, Rogers, Flood & McArdle
50 Virginia Street
Crystal Lake, IL 60014
Blake Family Limited Partnership, Authorization, Page 1
ate. �-26-gS
9s,2 ef)z 5'8 �r
95-04- 1 1 53.
December 9, 1994 16:38 pm
MCHENRY\ANNEBAGM«BLA
BLARE FAMILY LIMITED PARTNERSHIP
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this 1(7-1" day of
UR,2.Y , 19 by and between the CITY OF McHENRY,
"City," a Municipal Corporation, in the County of McHenry, State of
Illinois, and the BLAKE FAMILY LIMITED PARTNERSHIP, an Illinois
Limited Partnership, "Owner."
Recitals
A. Owner holds fee simple title to the parcel of real estate
legally described on "Exhibit All attached hereto and made a part of
this Agreement by reference, containing approximately 43 acres,
hereinafter referred to as the "Property."
B. Owner filed with the City Clerk a Petition for Annexation
of the Property to the City, conditioned upon the terms and
provisions of this Agreement, which Petition has been filed in
accordance with 65 ILCS 5/7-1-8 and the Ordinances of the City.
C. The Property is located in the unincorporated portion of
McHenry County adjoining and contiguous to the City.
D. The Property is presently vacant and has no electors
residing thereon.
E. The Property is presently zoned "A-1" Agricultural under
the McHenry County Zoning Ordinance and is actively farmed.
F. Owners have filed with the City Clerk a proposed Plat of
Annexation of the Property, which Plat is attached hereto as
"Exhibit B."
G. The Property constitutes territory which is contiguous to
and may be annexed to the City as provided in 65 ILCS 5/7-1-1,, et
seq.
H. The Owners desire to have the Property annexed to the
City upon the terms and conditions provided herein and the City,
after due and careful consideration, has concluded that the
annexation of the Property to the City under the terms and
conditions hereinafter set forth will further the growth of the
Blake Annexation Agreement, Page 1
95-04--1 154
City, enable the City to control the development of the area and
serve the best interests of the City.
I. Pursuant to 65 ILCS 5/11-15.1-1, et seq., a proposed
annexation agreement was submitted to the City, and a public
hearing was held thereon.
J. The City does not furnish fire protection or library
services and no township roads are being affected.
K. Prior to the date of this Agreement, public hearings were
held upon proper notice as are necessary for the City to grant "C-
5" Highway Commercial District, pursuant to the City's Zoning
Ordinance for the Property, and no further action need be taken by
the Owners to cause the Property to be rezoned as such once the
Property is annexed to the City.
NOW, THEREFORE, in consideration of the covenants and
conditions herein contained, IT IS HEREBY AGREED AS FOLLOWS:
TITLE I
OBLIGATIONS OF THE CITY
I. ANNEXATION.
The City shall enact the proper ordinance annexing the
Property and attach Exhibit B to said ordinance. The ordinance
shall be effective immediately upon its passage. A copy of ;said
ordinance shall be filed in the Office of the County Clerk of
McHenry County and recorded in the McHenry County Recorder. of
Deed's Office.
II. ZONING.
A. Contemporaneously with the annexation of the Property,
the City shall adopt an ordinance amending the provisions of the
McHenry Zoning Ordinance to provide that the Property shall be
classified in the C-5 Highway Commercial District. Provided,
however, the Owners shall be permitted to allow the Property to
continue being farmed with crops except those parcels of the
Property for which one or more building permits are issued.
Following the crop harvest, next to occur after said permit is
issued, all farming use relating to that portion of the Property
for which the building permit was issued shall cease. m
Blake Annexation Agreement, Page 2
95-04-1155
B. In the event the City's comprehensive plan must be
amended in the future to reflect the classification of the Property
as C-5 Highway Commercial District, the City shall grant such
amendment.
TITLE II
OBLIGATIONS OF THE OWNERS
III. DONATIONS, CONTRIBUTIONS AND FEES.
Enforcement of City ordinances, with respect to impact fees,
shall be waived and no such charge shall be assessed against Owners
so long as the Property continues to be used within present uses or
the permitted or conditional uses of the C-5 Highway Commercial
zoning district of the City. In the event the Property is
reclassified at a later date to any form of residential
development, the then prevailing City ordinance relating to school,
library, fire and park donation fees shall apply and be paid upon
such reclassification.
IV. SEWER AND WATER SERVICE.
Owners of the Property shall not be required to connect the
Property to the City's potable water or sanitary sewer main prior
to the first building permit issued on the Property. Upon issuance
of the first building permit on the Property, the City's ordinance
regarding such connections shall apply only to that parcel affected
by said building permit. Upon connection of the Property to the
City's water and sewer system, the Owner shall pay water and sewer
connection fees and capital development fees at the then current
rate. The obligation of Owners to pay reimbursement charges for
offsite public improvements shall not be imposed prior to the
issuance of building permits on the Property or the reclassified
Property.
V. ANNEXATION FEES.
The Owners shall not be obligated to pay any annexation fees
to the City in relation to annexation of the Property to the City.
Blake Annexation Agreement, Page 3
95-04-- 1 156
VI. RETAINED PERSONNEL FEES.
Owners shall not be required to reimburse the City for any
costs associated with the annexation of the Property to the City
referred to in the retained personnel ordinance. The City shall
reimburse owner for legal fees incurred during the process of -this
annexation proceeding, not to exceed the total sum of $1,500.
TITLE IV
MISCELLILNEOUS
A. Annexation of the Property is expressly contingent upon
the City reclassifying the following legally described Property,
located within the corporate limits of the City, C-5 Highway
Commercial:
That part of Lot 3 in County Clerk's Plat of the
Southwest Quarter of Section 23, Township 45 North, Range
8 East of the Third Principal Meridian, according to the
Plat thereof recorded May 6, 1902, as Document 114082 in
Book 2 of Plats, page 34, in McHenry County, Illinois,
described as follows: Commencing at the Southeast corner
of said Lot 3; thence South 88 degrees 52' 35" West along
the South line of said Lot 3, a distance of 36.2 feet to
the point of beginning; thence continuing South 88
degrees, 52' 35" West a distance of 1,240.69 feet to the
most Southwesterly corner of said Lot 3, thence North 2
degrees 27' 5311 East along the North line of said Lot 3
330.00 feet; thence South 88 degrees 52' 35" West along
the North line of Lot 4 a distance of 49.5 feet; thence
North 0 degrees 03, 08" West along the most Westerly line
of Lot 3 a distance of 205.53 feet; thence North 89
degrees 55' 07" East, 1,275.02 feet; thence South 0
degrees 04' 53" East, 511.73 feet to the point of
beginning. All containing 15.000 acres, more or less, in
McHenry County, Illinois.
("Reclassified Property").
However, annexation of the Property to the City is not contingent
upon annexation of any other property to the City.
B. If any provision of this Agreement (except those
provisions relating to the requested rezoning of the Property
identified herein and the ordinances adopted in connection
therewith), or its application to any person, entity or property is
held invalid, such provision shall be deemed to be excised here
from and the invalidity thereof shall not affect the application or
Blake Annexation Agreement, Page 4
95-04-1157
validity of any other terms, conditions and provisions of this
Agreement and, to that end, any terms, conditions and provisions; of
this Agreement are declared to be severable.
C. This Agreement shall be binding upon and inure to the
benefit of the parties hereto, their successors and assigns
including, but not limited to, successor owners of record,
successor developers, lessees and successor lessees, and upon any
successor municipal authority of the City and successor
municipalities for a period of 10 years from the later of the date
of the execution hereof and the date of adoption of the ordinances
pursuant hereto.
D. Upon a breach of this Agreement, any of the parties in
any court of competent jurisdiction, by any action or proceeding at
law or in equity, may exercise any remedy available at law or
equity. The remedies of the City shall include, but not be limited
to, the right to stop construction of the development in the event
the City deems the terms of this Agreement have been violated.
E. Before any failure of any party to this Agreement to
perform its obligations under this Agreement shall be deemed to be
a breach of this Agreement, the party claiming such failure shall
notify, in writing, by certified mail/return receipt requested, the
party alleged to have failed to perform and performance shall. be
demanded.
Notice shall be provided at the following addresses:
City: City Clerk
City of McHenry
333 South Green Street
McHenry, IL 60050
Copies to: City Attorney David W. McArdle
Zukowski, Rogers, Flood & McArdle
50 Virginia Street
Crystal Lake, IL 60014
Owner: Blake Family Limited Partnership,
an Illinois Limited Partnership
c/o Mr. Edward Blake
1408 N. Millstream Drive
McHenry, IL 60050
Blake Annexation Agreement, Page 5
95-04--1158
Copy to: Guy R. Youman
Rupp & Youman
4302C West Crystal Lake Road
McHenry, IL 60050
F. This Agreement may only be amended by written instrument
executed by all parties hereto.
G. In the event 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 1.9th
Judicial Circuit, McHenry County and -no action shall be brought. by
the parties hereto, their successors or assigns in any Federal
Court.
H. The obligations of the City referred to in this
Annexation Agreement shall also be imposed on the Reclassified
Property.
IN WITNESS WHEREOF, the parties have executed this Annexation
Agreement the day and year first above written.
OWNER: CITY:
BLAKE FAMILY LIMITED THE CITY OF MCHENRY
PARTNERSHIP, an Illinois
Lim'ted Partnprship
B BY: 4LV4411L_ ; i I /
Edward Blake, e n J. Cuda, City Mayor
Its General Partner lc�� . A A. A_ Al '
ATTEST:
SUBSCRIBED AND to Pamela Althoff, City/lerk
before m thisSW rday
of , 1994
OFFICIAL S7.-LRY(`Ii N aryPublic NOTARY PUBLIC �. aLLINOIS
MY COMMISSION f;Q24�1"8
By: 2�_'.hz 4�_.��
Ethel Blake, SUBSCRIBED AND �W RN to
Its Gener 1 Partner bef a me this is day of
EC t A486 , 1994
ATTEST:,
GUY R YOUN AR I vO Notary Public
PUBLIC STATE OF ILLINOIS
MISSION EXP. TUNE 221qu
Blake Annexation Agreement, Page 6
95-04-1159
STATE OF ILLINOIS
SS.
COUNTY OF MCHENRY
I the undersigned, a Notary Public in and for said County, in
the State aforesaid, DO HEREBY CERTIFY that STEVEN J. CUDA AND
PAMELA ALTHOFF personally known to me to be 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 City and caused the City Seal of said
City to be affixed thereto pursuant -to the authority given by the
Mayor and City Council of said City as their free and voluntary
act, and as the free and voluntary act and deed of said City, for
the uses and purposed therein set forth.
Given under my hand and notarial seal this
// - day of
=01
"OFFICIAL SE
•Notary Pilic, State of Illinois
MY Commission Expires 12/17/98
Blake Annexation Agreement, Page 7
95-04-1160
EXHIBIT "A"
BLAKE FAMILY LIMITED PARTNERSHIP (Edward & Ethel Blake)
P.I. NO.: 09-23-300-017
Lot 3 of County Clerk's Plat of the Southwest Quarter of
Section 23, Township 45 North, Range 8 East of the Third
Principal Meridian, according to the Plat thereof recorded May
6, 1902, as Document No. 14082, in Book 2 of Plats, page 34,
(excepting and reserving therefrom the following described
property: That part of said Lot 3 described as follows:
commencing at the Southeast corner of said Lot 3 thence South
88 degrees 52 minutes 35 seconds West along the South line of
said Lot 3, 36.2 feet, thence North 00 degrees 04 minutes 53
seconds West along the West right -of -stay line of State Route
31, 685.70 feet to the point of beginning, thence South 89
degrees 55 minutes 07 seconds West 630 feet, thence North 00
degrees 04 minutes 53 seconds West 691.44 feet, theace North 89
degrees 55 minutes 07 seconds East 630 feet, thence South 00
degrees 04 minutes 53 seconds East 691.44 feet to the point of
beginning), except the South 511.73 feet thereof (as measured
on the East line thereof), also except that part as taken by
condemnation by the State of Illinois in Circuit Court Case
73-3756, in McHenry County, Illinois.
Containing 42.82 acres more or less.
95-04-1161