HomeMy WebLinkAboutOrdinances - O-95-95 - 01/11/1995 - AUTHORIZE ANNEX AGMT MSB TR NO 1691 BERNIECE PETERORDINANCE NO. 0-95- 695
An Ordinance Authorizing Execution of an Annexation
Agreement Relating to Property Owned by the
McHenry State Bank Trust No. 1691
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 December 9, 1981 and known as Trust No.
1691, 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herewith are hereby repealed to the extent of such conflict.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
av
11 11 nn a r Steven J. Cuda
ATTES . :'�,,Ag�a<a 19Z41
City Clerk Pftela JL Wthoff
Pasged: 0 January 11, 1995 Prepared by, made:
Approved: January 11, 1995 David W. McArdle
Published: January 12, 1995 Zukowski, Rogers,
Flood & McArdle
50 Virginia Street
Crystal Lake, IL 60014
Trust no. 1691 Authorization, Page 1
K-ee- P- e z8�v 9 5- 0 4 -1 197
December 9, 1994 16:04 pm
MCHENRY\ANNEXAG2.BL2
TRUST NO. 1691
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this Iiy-rt day of
JA,(1,VAAY , 1995, 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 December 9, 1981 and known as Trust No. 1691
("Trustee") and Laura E. Miller, Nicholas F. Miller, Mary Rita
Serock, Carl Serock, Leonard J. Blake, Dolores A. Blake, Lucille H.
Sabatke, Orville Sabatke, Berniece Peterson, Glenn E. Peterson,
Richard M. Blake, Grace C. Blake, beneficiaries of Trust No. 1691
("Beneficiaries"). 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 A" attached hereto and made a
part of this Agreement by reference, containing approximately 60
acres, hereinafter referred to as the "Property."
B.' Beneficiaries hold 100% of the beneficial interest in
McHenry State Bank Trust No. 1691.
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 unimproved 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
95-04-1198
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.
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
95-04-11gq
McHenry Zoning ordinance to provide that the Property shall be
classified in the C-5 Highway Commercial zoning 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.
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.
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.
Annexation Agreement, Page 3
95`04-12nn
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.
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
Annexation Agreement, Page 4
9S'04-12nI
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
20 years from the later of the date of the execution hereof and the
date of adoption of the ordinances pursuant hereto.
IB. 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
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
Annexation Agreement, Page 5
95-04-1202
Owner: MCHENRY STATE BANK, as Trustee
under Trust Agreement dated
December 9, 1981 and known
as Trust No. 1691
3510 West Elm Street
McHenry, IL 60050
Copy to: Mark S. Saladin
Militello Zanck & Coen
40 Brink Street
Crystal Lake, IL 60014
D. 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.
X. AMENDMENT.
This Agreement may only be amended by written instrument
executed by all parties hereto.
%I. 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,
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 THE CITY OF MCHENRY
under Trust Agreement dated tiI
December 9, 1981 and known as �,
Trust o. 1691
i /I✓��° J . Cuda , Mayor 1
B N
Its ATTE
TRUST. OFFICER Paine a Althof , Clerk"
Annexation Agreement, Page 6
95-04-1203
OWNER:
STATE OF ILLINOIS)
COUNTY OF MCHENRY)
Signed by the McHenry State Bank, as Trustee under Trust
Agreement dated December 9, 1981 and known as Trust No. 1691 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 � Bank,
as Trus nder T No. 1691
VP & Sr(. Ti-ust(b-fficer
Attest
STATE OF ILLINOIS
COUNTY OF McHENRY
Trust Officer
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 N. Hawkinson ,
respectively the Trust Officer and 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 National B ing Association
for the uses and purposes therein et fort is 5th day of
January 1995. .
'Notary Publi
------------
"OFFICIAL SEAL"
My Commission Expires: 6-30-96 Helen S. Hankins
Notary Public, State of Illinois
Annexation Agreement, Page 7 My Commission Expires June 30, 1996
95-04-1204
BENEFICIARIES OF MCHENRY
STATE BANK TRUST NO. 1691
Laura E. Miller
ov
Nicholas F. Miller
SUBSCRIBED AND SWORN to SUBSCRIBED AND SWORN to
before me this /-!4 day of before me this day of
1994. V46ef',7IeA5Ci , 1994.
SUBSCRIBED AND SWORN to
bef a me his 6 day of
, 1994.
ry Publ&c
Leonard J. B
SEAL "
Notary Public, State of Illinois
My Commission Expires 12/17/98
• MUM
•jai% �. „r�ri+i�,�...
Y
r ,
Lucille H. Sabatke
SUBSCRIBED AND SWOR13, to
before me this day of
1994.
" 0.MCIAI. SEAL"
JOAN MARTH
Notary Public, State of Illinois
My Commission Expires 12/17/98
SUBSCRIBED AND
before, me t-bla
C My
SUBSCRIBED AND
before sae this
Public
Orvilleb-
to
,-E$AR994
ARTH
Ste of Illinois
N to
46 day of
OFFICIAL SEAL"
Notary Public, State of Illinois
My Commission Expires 12/17/98
SUBSCRIBED AND SWORN to
before a this day of
1994.
Note
iiy Public
r�
Annexation Agreement, Page 8 Leoq
FFILMARTH
NState of IllinoisMyExpires 12/17/98
95-04-1205
Berniece Peterson Glenn E. Peterson
SUBSCRIBED AND SWORN to
before a this %day of
1994.
" o SEAL "
MARfH
Ot ry Pub is Notary Public, State of Illinois
My Commission Expires 12/17/98
Richard M. Blake
SUBSCRIBED AND SW to
befor me this 20 day of
1994.
"OFFICIAL SEAL"
JOAN MARTH
Notary Public, State of Illinois
My Commission Expires 12/17/98
SUBSCRIBED AND SWORN to
before r" this _� day of
" CIAL SEAL"
jGAN MARTH
N ry Publi Notary Public, State of Illinois
My Commission Expires 12/17/98
toa*v _1_10*00000
ace C. Blake
SUBSCRIBED AND SWORN
to
before a this -�26 low day of
1994.
" OFFICIAL SEAL"
JOAN MARTH
Notary Public, State of Illinois
My Commission Expires 12/17/98
Annexation Agreement, Page 9
95-04-1206
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 CLERIC,
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 undK my hand and notarial seal thi _ day of
19Y
OFFICIAL
�•
% /
Notary Ptitific, State of 111i
/
Annexation Agreement, Page 10
95-04-1207
r
EXHIBIT "A"
McHENBY STATE BANK, TRUST #1691 (c/o Berniece Peterson)
P.I. NO.: 09-23-200-007 and 09-23-100-008
The Southwest Quarter of the Northeast Quarter and the
Southeast Quarter of the Northwest Quarter, all in Section 23,
Township 45 North, Range 8 East of the Third Principal
Meridian, (except that part as taken by the condemnation by the
State of Illinois in Circuit Court of McHenry County Case No.
73-3756) in McHenry County, Illinois,
Containing 61.17 acres more or less.
95 -04 -1208