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HomeMy WebLinkAboutOrdinances - O-95-690 - 01/11/1995 - AUTHORIZE ANNEX AGMT LASALLE NATL BK TR NO 10-1853ORDINANCE NO. 0-95- 690 An Ordinance Authorizing Execution of an Annexation Agreement Relating to Property Owned by the LaSalle National Trust No. 10-18539-08 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 LaSalle National Trust, N/A, as Successor Trustee to LaSalle National Bank, as Trustee under trust Agreement dated October 11, 1971 and known as Trust No. 10-18539- 08, 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 SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict.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 � APPRO or Steven J. Cuda (S�i '. ) A�TF�S,T City Clerk P ela J. thoff Prepared by, ma14-.49-: Passed: January 11, 1995 David W. McArdle Approved: January 11, 199b zukowski, Rogers, Published: January 12, 1995 Flood & McArdle 50 Virginia Street Crystal Lake, IL 60014 LaSalle Trust No. 10-18539-08 Authorization, Page 1 RED (- �6---q s :1�'cgse00S 95-04-1168 December 9, 1994 16:43 pm MCHENRY\ANNEXAG2.CAC LASALLE NATIONAL TRUST NO. 10-18539-08 ANNEXATION AGREEMENT THIS AGREEMENT made and entered into this 111'14 day of JA�17A�-R_`i 1925 by and between the CITY OF McHENRY, "City," a Municipal Corporation, in the County of McHenry, State of Illinois, and LaSalle National Trust, N/A, as Successor Trustee to LaSalle National Bank, as Trustee under Trust Agreement dated and not perbungUy October 11, 1971 and known as Trust No. 10-18539-08^("Trustee") and Frank Rickrich, sole beneficiary of said trust ("Beneficiary"). Trustee and Beneficiary shall collectively be referred to as "Owners." Recitals A. Trustee holds fee simple title to the vacant parcel of real estate legally described on "Exhibit; All attached hereto and made a part of this Agreement by reference, containing approximately 10 acres, hereinafter referred to as the "Property." B. Beneficiary holds 100% of the beneficial interest in LaSalle National Bank Trust No. 10-18539-08. C. Owners 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. D. The Property is located on the west side of Route 31, north of McCullom Lake Road, in the unincorporated portion of McHenry County adjoining and contiguous to the City. E. The Property is presently unimproved and has no electors residing thereon. F. The Property is presently zoned "A-1" Agriculture under the McHenry County Zoning Ordinance. Annexation Agreement, Page 1 95-04-1169 G. Owners have filed with the City Clerk a Plat of Annexation of the Property, which Plat is attached hereto as "Exhibit B." H. 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. I. 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 City, enable the City to control the development of the area and serve the best interests of the City. J. 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. K. The City does not furnish fire protection or library services and no township roads are being affected. L. 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 zoning, 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. Annexation Agreement, Page 2 95-04-1170 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 Zoning District. 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 the allowable 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. Upon connection of the Property to the City's water and sewer system, the Owners shall pay water and sewer connection fees and capital development fees at the then current rate, or the rate at the date of this Agreement plus 10% per year increase in rate from the date of this Agreement, whichever is lower. If at the time the owners request to connect into the City's sewer and water system, there is insufficient capacity available of any of the necessary utilities, then Owners shall be allowed to develop the Property on a private well and septic system as regulated by the McHenry County Code. However, upon sufficient capacity becoming available to service the Property, connection of the Property to the City's sewer and water system shall be made within twelve months thereafter. Annexation Agreement, Page 3 95-04-1171 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. 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 $1,000. TITLE IV MISCELLANEOUS VII. PARTIAL INVALIDITY OF AGREEMENT. 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 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. VIII. BINDING EFFECT AND TERM. 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. IX. NOTICES AND REMEDIES. A. 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 Annexation Agreement, Page 4 95-04-1172 to, the right to stop construction of the development in the event the City deems the terms of this Agreement have been violated. B. 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. C. 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: LaSalle National Bank Trust No. 10-18539-08 135 S. LaSalle Street Chicago, IL 60603 Attention: Land Trust Department Copy to: Attorney Frank Bidinger c/o Jos. Cacciatore & Company 527 South Wells Street Chicago, IL 60607 Attorney Guy R. Youman Rupp & Youman 4302C West Crystal Lake Road McHenry, IL 60050 S. AMENDMENT. This Agreement may only be amended by written instrument executed by all parties hereto. BY. VENUE. 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 19th Judicial Circuit, Annexation Agreement, Page 5 95-04-1173 McHenry County and no action shall be brought by the parties hereto, their successors or assigns in any Federal Court. IN WITNESS WHEREOF, the parties have executed this Annexation Agreement the day and year first above written. OWNER: NA,' CITY: LaSALLE NATIONAL TRUST,^ as CITY OF MCHENRY Successor Trustee to LaSalle National Bank, as Trustee Under Trust Agreement dated October 11, 1971, BY Trust No 0- 8539-08vx4 ,. SFteven J. Cuda, Mayor BY: ATTESGt. ITS: - 10E. f RESIDENT Pamela Alth f f , Cle ATTEST: , ASSIS ANT SEC13tTARY Beneficiary of Trust No. 10-18539-08 Frank Rickrich SUBSCRIBED AND SpOfZN to before me this 2 day of , 1994. ry F FICUL BEAL" es I CalderonnhHc, State of Illinoision Expires Aug. 27, 1995 Annexation Agreement, Page 6 9S-04-1174 OWNER: STATE OF ILLINOIS) COUNTY OF )�gXKRY) Signed by the LaSalle National Trust, N/A, as Successor Trustee to LaSalle National Bank, as Trustee under Trust Agreement dated October 11, 1971 and known as Trust No. 10-18539-08 and not personally, but solely as Trustee under a certain Trust Agreement. Said Trust Agreement is hereby made a part thereof and any claims against said Trustee which may result from the signing of this Annexation Agreement shall be payable only out of any trust property which may be held thereunder, and said Trustee shall not be personally liable for the performance of any of the terms and conditions of this Annexation Agreement or for the validity or condition of the title of said property or for any agreement with respect thereto. Any and all personal liability of the McHenry State Bank, is hereby expressly waived by the parties hereto and their respective successors and assigns. LaSALLE NATIONAL TRUST, N/A, as Successor Trustee to LaSalle National Bank, as Trustee under Trust Agreement I dated October 11 71 and knwon as Trust No. 10-1 39- rn(i not perronally - �Y-- vice President Attest: r lG�/ Q A&V16[_ STATE OF ILLINOIS ) Ass Secretary COUNTY OF McHENl * Cook I, the undersigned, a Notary Public in and for the County and State aforesaid, do hereby certify that the foregoing Corinne Bek Vice President NancyA. Stack, Asst Secetar respectively the d and Assistant/fit r of the McHenry State Bank, as Trustee aforesaid, personally known to me to be the same persons whose -names are subscribed to the foregoing instrument as said /Trial and Assistant f-ic�er, Secretary 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 Tre�he uses and purposes therein set forth, and that said ss ::.� . then and there acknowledged thatshe, as custodian of the Corporate Seal of said Trustee, causecr°c$4,a,Seal to be affixed to said instrument as said own free and voluntary act and as the free and voluntary act of the yoa/Banking Association tI3 for the uses and purposes thereirJ se fot�- My Commission Expires: Notary Public Annexation Agreement, Page 7 NOFFICI,' L S8 Hsuritt DeaiscincZon No1��Y Pu6iif. SUAC Of � My GdmlRireiGn Exr:�a Oct_ 3G, Ip6 i O _ t t17 M 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 19-(5. c " OFFICIAL SEAL " JOAN MARTH Notary Public, State of Illinois My Commission Expires 12/17/98 Annexation Agreement, Page 8 95-04-1176 EXHIBIT "A" LaSALLE NATIONAL TRUST N.A., AS SUCCESSOR TRUSTEE, u/t/d OCTOBER 11, 1971 AND KNOWN AS TRUST NO. 10-18539-08 c/o J. Cacciatore & Co. P.I. NO.: 09-23-300-010 That part of Lot 3 of County Clerk's Plat of the Southwest Quarter of Section 23, Township 45 North, Range 8 Bast 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, 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 0 degrees 04 minutes 53 seconds West, along the West right-of-way line of State Route 31, 685.70 feet to the place of beginning; thence South 89 degrees 55. minutes 07 seconds West, 630.00 feet; thence North 0 degrees 04 minutes 53 seconds West, 691.44 feet; thence North 89 degrees 55 minutes 07 seconds East, 630.00 feet; thence South 0 degrees 04 minutes 53 seconds East, 691.44 feet to the place of beginning, in McHenry County, Illinois. Conta;ninx 10 acres more or less. 95-04-1177 95R 002986 PLAT OF AN EXATION Conway Sutvsyying 121 N. Riverside (qm5 385 �-m Mc anry, Illinois THAT PART OF 10T 3 OF THE COUNTRY CLE 'S PLAT OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 45 NO TH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING T THE PLAT THEREOF RECORDED MAY 6, 1902 AS DOCUMENT NO. 14032 IN OOK 2 OF PLATS, PACE 34, IN MCHFNRY COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: COMMFNCiNG AT THE SOUTHEAST CORNER OF SAID LOT 3; THEN E SOUTH 88 DEGREES 52 MINUTES 35 SECONDS WEST, ALONG THE SO TH LINE OF SAID LOT 3, 36.2 FEET; THENCE NORTH GO DECREES 04 MIN TES 53 SECONDS WEST, ALONG THE WEST RIGHT OF WAY LINE OF STATE R UTF: NO. 91, 685.70 FEET TO THE PLACE OF BEGINNING; THENCE SOUTH 89 DECREES 55 MINUTES 07 SFCONDS WEST, 630.00 FFET; THENCE NO TH 00 DF.GRFF.S 04 MINUTES 53 SECONDS WEST, 691.44 FEET; THENCE NO LTH 89 DEGREES 55 MINUTES 07 SFCONDS FAST, 630.00 FEET; THENCE SO TH 00 DEGREES 04 MINUTES 53 SECONDS EAST, 691.44 FEET, TO THE POZIT OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS. /rm? ri i 1J R \� SALE. I Inch eq110132OO fee( October 29,)994 Note: Annexation shall extend to the far side of any adjacent highway and shall include all of every highway within the area annexed. These highways shall be consi eyed to be annexed even though not included in the legal description hereon. d Ga yC W part of LOT 3 (0 PPI 09-23-300-010 P.O.B. 650.00' southeast corner•of LOT 3 to I— O J 0 a, c `; 0 w n Ui CD ID 36.2'