No preview available
HomeMy WebLinkAboutOrdinances - O-95-699 - 01/11/1995 - AUTHORIZE ANNEX AGMT FLORENCE BLAKEORDINANCE NO. 0-95- 699 An Ordinance Authorizing Execution of an Annexation Agreement Relating to Property Owned by the McHenry State Bank Trust No. 4714 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 McHenry State Bank, as Trustee under Trust Agreement dated July 17, 1989 and known as Trust No. 4714, 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 SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict.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 Voting Nay: Bates Absent: None Abstain: None ' APPRO or Steven J. Cuda (SEAL)' ATT City Clerk4mbla Lhff Prepared by, a - Passed: January 11, 1995 David W. McArdle Approved: january 11, 1995 Zukowski, Rogers Published: January 12, 1995 Flood & McArdle 50 Virginia Street Crystal Lake, IL 60014 Trust No. 4714 Authorization, Page 1 REe©,2o�o i-z�-9s �t ,e9.Si2 06 9 3 95-04-1220 December 9, 1994 17:20 pm MCHENRY\ANNEXAG2.BL3 TRUST NO. 4714 ANNEXATION AGREEMENT THIS AGREEMENT made and entered into this 111-14- day of -f RNop+4 y , 19L5 by and between the CITY OF McHENRY, "City," a Municipal Corporation, in the County of McHenry, State of Illinois, McHENRY STATE BANK, as Trustee under Trust Agreement dated July 17, 1989 and known as Trust No. 4714 ("Trustee") and FLORENCE BLAKE, beneficiary of Trust No. 4714 ("Beneficiary"). Trustee and Beneficiary shall collectively be referred to as "Owners." Recitals A. Trustee 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 87.62 acres, hereinafter referred to as the "Property." B. Beneficiary holds 100% of the beneficial interest in McHenry State Bank Trust No. 4714. 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 in the unincorporated portion of McHenry County adjoining and contiguous to the City. E. The Property is presently improved and has no electors residing thereon. F. The Property is presently zoned "A-1" Agriculture under the McHenry County Zoning Ordinance. G. Owners have filed with the City Clerk a Plat of Annexation of the Property, which Plat is attached hereto as "Exhibit B." Annexation Agreement, Page 1 95-04-1221 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 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 Annexation Agreement, Page 2 95-04-1222 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 pursuant to uses provided for in the C-5 zoning district. 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. The existing single family dwelling on the Property shall be permitted to exist in its present condition until such time as title to the Property is transferred by the Owners to a third party for purposes of commercial development. At that time, said single family residence will be deemed a legal non -conforming use subject to applicable City ordinances. Beneficiary shall also be allowed to continue operating the existing landscaping/vegetable stand business in a fashion similar to that in the past, until title to the Property is transferred from the Owners to a third party for commercial development. At that time, said landscaping/vegetable stand business will be deemed a legal non -conforming use subject to applicable City ordinances. B. The City will take no action to change the zoning classification of this Property from C-5 Highway Commercial district, during the term of this Agreement, without the written consent of the Trustee or its successor in title. C. The City acknowledges that the Property complies with the minimum lot width along an arterial street, as required for property classified in the C-5 Highway Commercial District, pursuant to table 6 of the City's Zoning Ordinance. D. 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. Annexation Agreement, Page 3 95-04-1223 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. A. 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 for commercial development on the Property. If at the time the Owners request to connect to the City's sewer and water system, there is insufficient capacity available of any necessary utility, then Owners shall be allowed to develop the Property with a private well and septic system. 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. 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. B. 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. The obligation of Owners to pay reimbursement charges for offsite public improvements shall not be imposed prior to the issuance of building permits for commercial development on the 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. Annexation Agreement, Page 4 95-04-1224 FROM ZUKOWSKI, ROGERS, FLOOD, NICARDLE (THU) 12. 20" 04 12:04/S'T. 12:0210. 3500000666 P 6 VI. RETAINED R=J3QJ FEL 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. VIM. DEVELOPMENT RESTRICTION. Owners agree that, with regard to the following areas of the Property, 5o long as all of the Property is developed with C-5 Highway Commercial uses, development shall be restricted to only allow, but not require, the extension and cul-de-sac construction of the existing Pine Drive or Birch Lane, public municipal utilities and stormwater control improvements, if necessary. No other improvements or structures shall be permitted to exist on these restricted areas which are intended to remain open and act as buffer zones between the Property and the residential developments to the south and east of these restricted area. Design, construction and location of all permitted improvements in the restricted areas shall be subject to approval by the City. In the event the Property adjacent to these restricted development areas is reclassified to single family residential use, the City will agree to remove the restriction herein. Restricted- De_y_el_ooeat Areas 1. An area 200 feet north of the Oaks of McHenz`y subdivision, Phase I, extending from the east line of lot 13 to the east line of out lot "B" referred to on the final pldt of the Oaks of McHenry, Phase I, filed in the office of the McHenry County Recorder of Deeds as Document No. 90R046649-. 2. An area 100 feet west of the west line of the Oaks of McHenry subdivision, Phase II, extending from the south line of the Property north to the south right of way line of FAP 420. TITLE IV nISCELLANFous A. If any provision of this Agreement (except those provisions relating to the requested rezoning of the Property Annexation Agreement, Page 5 95-04-1225 FROM ZUKOWSKI, ROGERS, FLOOD, MCARDLE iTHUI I' 20' 04 12:04/ST. 12:02/N0. 0500000666 P r 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. B. 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 20 years from the rater of the date of the execution hereof and the date of adoption of the ordinances pursuant hereto. C. 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. D. Before any failure of any party to this Agreement t�o 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 Annexation Agreement, Page 6 95 -04 -1226 Owner: McHenry State Bank, as Trustee under trust Agreement dated July 17, 1989 and known as Trust No. 4714 3510 West Elm Street McHenry, IL 60050 Copy to: Mark S. Saladin Militello Zanck & Coen 40 Brink Street Crystal Lake, IL 60014 E. This Agreement may only be amended by written instrument executed by all parties hereto. F. In the event any lawsuit is filed by a third party relative to the validity of the annexation of the Property to the corporate limits of the City, the City shall indemnify and defend the Owners with respect to any such lawsuit. 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 19th Judicial Circuit, 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: CITY: McHENRY STATE BANK, as Trustee CITY OF under Trust Agreement dated July 17, 1989 and known as Trust No. 4714 By ' f hiZip King, .,P,.I J. Cuda, Mayor ATTEST: (A r . TrMicer - Pamela Alth f.f , Florence Blake, Beneficiary SUBSCRIBED AND S ORN to before me this day of e-tTARY NCIAL SEAL" _ARK S. SALADIN Nota blic PUBLIC, STATE OF ILLINOISry MISSION EXPIRES 10/22/98 Annexation Agreement, Page 7 95-04-1227 STATE OF ILLINOIS) COUNTY OF McHENRY) Signed by the McHenry State Bank, as Trustee under Trust Agreement dated July 17, 1989 and known as Trust No. 4714 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. McHenry ate Bank, as Truat ee�3nder Trysl� No. 4714 VP & Sr. Truusst(, ff'c Attest: Trust Officer STATE OF ILLINOIS COUNTY OF MCHENRY I, the undersigned, a Notary Public in and for the County and State aforesaid, do hereby certify that the foregoing Philip S. King and Thomas Hawkinson , respectively the Trust Officer and As&-labstib Trust Officer 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 Trust Officer and Assistant Trust Officer, 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 Trustee for the uses and purposes therein set forth, and that said Trust Officer then and there acknowledged that he, as custodian of the Corporate Seal of said Trustee, caused the Corporate Seal to be affixed to said instrument as said Trust Officer's own free and voluntary act and as the free and voluntary act of th ationyBaingAssociation for the uses and purposes therein t fort Notary Public My Commission Expires: 6-30-96 OFFICIAL SEAL" Helen S. Hankins Notary Public, State of Illinois My Commission Expires June 30, 1996 Annexation Agreement, Page 8 95-04-1228 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 i / day of 19ff- OFFICIAL i i i itjotary public, State or 11110015 j i Annexation Agreement, Page 9 95-04-1229 EXHIBIT "A" McHEMY STATE BANK, TRUST NO. 4714 (c/o Florence Blake) P.I. NO'S: 09-23-400-004 and 09-23-400-017 Part of the Southeast Quarter of Section 23 described as follows: commencing at the Southwest corner of said Southeast Quarter of said Section 23; thence East on the Quarter line 116 rods; thence North 160 rods and to the Quarter line; thence West on the Quarter line, 116 rods; thence South 160 rods to the place of beginning, (excepting and reserving five acres in the Southwest comer of said Quarter Section conveyed by Mark Thompson to Albert Colby by Warranty Deed recorded June 6, 81859 in Volume 23 of Deeds, page -64), (excepting and reserving therefrom that part described as follows: that part of the Southeast Quarter of Section 23, described as follows: commencing at the Northwest comer of the Southeast Quarter of said Section 23 and running thence South on the West line thereof for a distance of 1363.16 feet to a point; thence East at right angles to the last described line, at the last described point for a distance of 82.5 feet to a point for a place of beginning; thence continuing East on the last described line, for a distance of 210.01 feet to a point; thence South at right angles to the last described line at the last described point for a distance of 200 feet to a point; thence West at right angles to the last described line at the last described point for a distance of 223.41 feet to a point, which is 69.10 feet East of the West line of said Southeast Quarter; thence Northeasterly 125.14 feet to a point which is 75 feet East of the West line of said Southeast Quarter; thence Northeasterly 75.38 feet to the place of beginning), all in Township 45 North, Range 8 East of the Third Principal Meridian, in McHenry County, Illinois, except that part as taken by condemnation by the State of Illinois in Circuit Court of McHenry County Case No. 73-3756. Containing 87.62 acres more or less. 95-04-s1230