HomeMy WebLinkAboutOrdinances - O-97-839 - 10/15/1997 - AUTHORIZE PRE-ANNEX AGMT NELSON AUTO 3420 N RICHMOORDINANCE NO. 0-97- 839
AN ORDINANCE AUTHORIZING THE EXECUTION OF A PRE -ANNEXATION
AGREEMENT BETWEEN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS,
AND HOME STATE BANK, NATIONAL ASSOCIATION, AS TRUSTEE UNDER TRUST
AGREEMENT DATED JUNE 25, 1979, TRUST NO. 2378, DAVID C. EVANS, SOLE
BENEFICIARY OF SAID TRUST NO. 2378, AND NELSON AUTO, INC., AN ILLINOIS
CORPORATION, AS LESSEE.
WHEREAS, HOME STATE BANK, NATIONAL ASSOCIATION, AS TRUSTEE
UNDER TRUST AGREEMENT DATED JUNE 25, 1979, TRUST NO. 2378, AND DAVID
C. EVANS, AS SOLE BENEFICIARY OF SAID TRUST NO. 2378, is the record owner
of property located east of Illinois State Route 31, south of Johnsburg Road, in the
unincorporated portion of McHenry County, and commonly known as Nelson Auto, Inc.,
3420 North Richmond Road, McHenry, Illinois; and
WHEREAS, the Zoning Board of Appeals, pursuant to proper legal notice, has
held a public hearing regarding the zoning of this property; and
WHEREAS, notice of public hearing was published in the NORTHWEST
HERALD, a newspaper of general circulation published in the City of McHenry, within
the time provided by law, notifying the public of a hearing on said proposed Annexation
Agreement before the Corporate Authorities of the City of McHenry, McHenry County,
Illinois; and
WHEREAS, the Corporate Authorities of the City of McHenry have held the
public hearing as required by law and have found the entry into said Agreement will not
be detrimental to the public health, welfare, or safety of the inhabitants of the City of
McHenry, McHenry County, Illinois;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1: The Annexation Agreement bearing the date of
October 15 , 1997 by and between the City of McHenry, -a Municipal
Corporation in the State of Illinois, and HOME STATE BANK, NATIONAL
ASSOCIATION, AS TRUSTEE UNDER TRUST AGREEMENT DATED JUNE 25, 1979,
TRUST NO. 2378 , DAVID C. EVANS, SOLE BENEFICIARY OF SAID TRUST NO.
2378, AND NELSON AUTO, INC., AN ILLINOIS CORPORATION, AS LESSEE, be and
the same is hereby approved. A complete and accurate copy of said Annexation
Agreement is attached to this Ordinance and incorporated herein by reference as
EXHIBIT A.
SECTION 2: The Mayor and City Clerk of the City of McHenry are authorized to
affix their signatures as Mayor and City Clerk of the City of McHenry to said Agreement
for the uses and purposes therein set forth.
SECTION 3: All Ordinances or parts thereof in conflict with the terms and
provisions hereof are hereby repealed to the extent of such conflict.
SECTION 4: This Ordinance shall be published in pamphlet form by and under
the authority of the corporate authorities of the City of McHenry, McHenry County,
Illinois.
SECTION 5: This Ordinance shall be in full force and effect from and after its
passage, approval and publication in pamphlet form as provided by law.
PASSED THIS 15th DAY OF October , 1997.
AYES:
NAYS:
ABSTAINED:
ABSENT:
NOT VOTING:
None.
None.
Baird.
None.
APPROVED THIS 15th DAY OF October , 1997.
YOR
ATTEST:
CITY CLERK
May t, I 7 1635 pa
MCffi1HRYkANNExAcm-NSL
NELSON AUTO, TRUST NO. 2378
PRE -ANNEXATION AGREEMENT
T IS AGREEMENT made and entered into this �� day of
Oe�ob.�
�,1997, by and between the CITY OF McHENRY, "City," a Municipal
Corporation, in the County of McHenry, State of Illinois, HOME
STATE BANK, National Association, as Trustee under Trust Agreement
dated June 25, 1979, Trust No. 2378 ("Trustee"), David C. Evans,
sole beneficiary of said Trust No. 2378, ("Beneficiary") and Nelson
Auto, Inc., an Illinois corporation, as Lessee. 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 2.423
acres, hereinafter referred to as the "Property" and commonly known
as 3420 N. Richmond Road.
B. Beneficiary holds 100% of the beneficial interest in Home
State Bank Trust'No. 2378 and the current Lessee of the property is
Nelson Auto, Inc.
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 5/11-15.1-1, et seq. and the Ordinances of
the City.
- D. The Property is located _east of Route 31, south of
Johnsburg Road, in the unincorporated portion of McHenry County.
Annexation Agreement, Page 1
E. The Property is presently improved with an automotive
repair business and vehicle and metal salvage yard and has no
electors residing thereon.
F. The Property is presently zoned "B-3" General Business
District under the McHenry County Zoning Ordinance.
G. The Property constitutes unincorporated territory which
may be annexed to the City, upon becoming contiguous to the City's
corporate limits, as provided in 65 ILCS 5/11-15.1-1, et seq.
H. The Owners desire to have the Property annexed to the
City upon becoming contiguous to the City and in accordance with
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.
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, all required public
hearings were held.
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.
Upon the Property becoming contiguous to the corporate limits
of the City, the City shall pass an ordinance annexing the
Property. The ordinance shall be effective immediately upon its
passage. A copy of said ordinance shall then 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
II. ZONING.
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 including
a conditional use for a motor vehicle repair shop, open sales lot
for motor vehicles and parts and a wrecking yard.
TITLE II
OBLIGATIONS OF THE OWNERS
III. RESTRICTIONS.
Owners shall not petition any municipal corporation, other
than the City, or otherwise seek to annex the Property into any
other municipal corporate limits and Owners will object to any
attempt by other municipalities to annex the Property.
IV. DONATIONS, CONTRIBUTIONS AND FEES_.
Following annexation of the Property to the City, 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.
V. SEWER AND WATER SERVICE.
Upon annexation of the property to the City of McHenry, the
owners shall not be obligated to connect to the City's sanitary
sewer and potable water mains. However, upon the owners electing
to make said connections at a later date, the owners shall pay the
then applicable water and sewer service connection fees and capital
development fees at the then current rates.
VI. 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 3
VII. 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.
VIII.OPERATION OF BUSINESS.
Upon annexation, owners shall continuously maintain any
automobile body and repair shop operating on the Property in
compliance with applicable United States or Illinois Environmental
Protection Agency laws and shall provide handlers of any hazardous
waste with adequate training to avoid personal injury or property
damage as a result of handling such waste.
TITLE" IV
MISCELLANEOUS
IX. 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.
X. 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 date of the execution hereof.
XI. 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
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: Home State Bank, National Association,
as Trustee under Trust Agreement dated
June 25, 1979, Trust No. 2378
Post Office Box 1738
Crystal Lake, IL 60039-1738
XII. AMENDMENT.
This Agreement may only be amended by written instrument
executed by all parties hereto.
XIII. 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.
Annexation. Agreement,, Page 5
IN WITNESS WHEREOF, the parties have executed this Annexation
Agreement the day and year first above written.
TRUSTEE:
HOME STATE BANK, National
Association, as Trustee under
Trust Agreement Dated June
25, 1979, Trust No. 2378
By
Its c AC-S.
LESSEE:
NELSON AUTO, INC.,
an Illinois corporation,
By:
v
David C. Evans,
Its President
WITNESS:
Secretary
CITY:
THE CITY OF CHENRY`
BY•
Oven L'�
J. Cuda, Mayor
ATTEST:
Pamela J. A of er]k
BENEF
DAV D C. kVANS
Annexation Agreement, Page 6
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 J. 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 purposes therein set forth.
ocm"iven der my hand and notarial seal this �� day of
, 1997.
SEAL°
iv) uunzer
<• �'�p { PliMic, Stair, of Illinois Notary Pubic
ti'v G; ni 'Mission Expires 4/29/00
Annexation Agreement, Page 7
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 David C. Evans and
Barbara A. Duros personally known to me to be President and
Secretary, respectively, of NELSON AUTO, INC., 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 President and Secretary of said Nelson Auto, Inc. and
caused the Seal of said Corporation to be affixed thereto .as their
free and voluntary act, and as the free and voluntary act and deed
of said Corporation, for the uses and purposes therein set forth.
Given under my hand and notarial seal this day of
1�(W4M � ('YL , 1997.
a
IAL SEAL". YOUMANC, STATE OF ILLINOISON EXPIRES 6/22/98
Annexation Agreement, Page 8
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 David C. Evans,
personally known to me to be the same person whose name is
subscribed to the foregoing instrument, appeared before me this day
in person and severally acknowledged that he signed and delivered
said instrument as beneficiary of Trust No. 2378 as his free and
voluntary act for the uses and purposes therein set forth.
Given u er my hand and notarial seal this �f� - day of
- f6�'g - - , 199'q.
"OFFICIAL SEAL"
GUY R. YOUMAN
MY COMMF ILLINOIS
ISSION E'STXPIRNOTARY PUBLIC STATE �S 6/22198
Annexation Agreement, Page 9
STATE OF ILLINOIS)
) SS.
COUNTY OF McHENRY)
Signed by the Home State Bank, National Association, as
Trustee under Trust Agreement dated June 25, 1979 and known as
Trust No. 2378 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.
Home State Bank, a National -Association
as Trustee and r Trust No. 2378
C
(4- Trust Of Ocer
Attest•
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 (jam}
and C s ZT,
•
r ectivelly they -rust Officer and Assi! - '" ' e Ez ' 't�f t &
State Bank, has 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 the National Banking A ociation
for the uses and purposes thet forth.
A n I n n
lic
JACKLYN L. TACKABERA
My Commission Expires' I Notary Public, State of Illinois
Annexation Agreement, Page 10
Exhibit A to
Nelson Auto, Trust No. 2378
Pre -Annexation Agreement
The South 200 feet of the North 695 feet of the East Half of the
Southwest Quarter of Section 14, Township 45 North, Range 8 East of
the Third Principal Meridian, which lies East of the Easterly right
of way line of State Route 31, in McHenry County, Illinois.
Annexation Agreement, Page 11