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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 SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict.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