HomeMy WebLinkAboutOrdinances - O-97-841 - 10/15/1997 - AUTHROZIE PRE-ANNEX AGMT JOHN MASULUNES 3218 N RICORDINANCE NO. 0-97-841
AN ORDINANCE AUTHORIZING THE EXECUTION OF
A PRE -ANNEXATION AGREEMENT BETWEEN
THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AND
JOHN S. MASULUNES
WHEREAS, JOHN S. MASULUNES is the record owner of property east of
Illinois State Route 31, south of Johnsburg Road, in the unincorporated portion of
McHenry County, and Commonly known as a Multi -Tenant Building at 3218 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 JOHN S. MASULUNES 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provisions hereof are hereby repealed to the extent of such conflict.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: Bolger, Glab, McClatchey, Murgatroyd, Cuda.
NAYS:
None.
None.
ABSTAINED:
ABSENT: Baird.
NOT VOTING: None.
APPROVED THIS 15th DAY OF October , 1997.
i
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��OR
ATTEST:
CITY CLERK
May 3, 1997 I&M pm
WE0NRYW4NE CAGMJAM
JOHN S. MASULUNES
PRE -ANNEXATION AGREEMENT
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THIS AGREEMENT made and entered into this - day of
bLW, by and between the CITY OF McHENRY, "City," a Municipal
Corporation, in the County of McHenry, State of Illinois, and JOHN
S. MASULUNES, "Owner."
Recitals
A. Owner 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 two acres,
hereinafter referred to as the "Property" and commonly known as
3218 N. Richmond Road.
B. Owner 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.
C. The Property is located east of Route 31, south of
Johnsburg Road, in the unincorporated portion of McHenry County.
D. The Property is presently improved. There are: no
electors residing thereon.
E. The Property is presently zoned 11B-1" Neighborhood
Business under the McHenry County Zoning Ordinance.
F. 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.
G. The Owner desires 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
Annexation Agreement, 'Page 1
control the development of the area and serve the best interests of
the City.
H. 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.
I. The City does not furnish fire protection or library
services and no township roads are being affected.
J. 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.
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, with a
conditional use for outside storage of motor vehicles and pallets,
motor vehicle repair shop, open sales lot for motor vehicles
subject to the condition precedent that, prior to annexation all
outdoor signage conform to the City ordinance existing at the time
of annexation.
Annexation Agreement, Page 2
TITLE II
OBLIGATIONS OF THE OWNER
III. RESTRICTIONS.
Owner shall not petition any municipal corporation, other than
the City, or otherwise seek to annex the Property into any other
municipal corporate limits and Owner 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 Owner 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 connection of the Property to the City's water and sewer
system, the Owner shall pay water and sewer connection fees and
capital development fees at the then current rate.
VI. ANNEXATION FEES.
The Owner shall not be obligated to pay any annexation fees to
the City in relation to annexation of the Property to the City.
VII. RETAINED PERSONNEL FEES.
Owner 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.
TITLE IV
MISCELLANEOUS
VIII. 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
Annexation Agreement, Page 3
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.
IX. 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.
X. 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
Owner: John S. Masulunes
1323 Hillside Lane
McHenry, IL 60050
Annexation Agreement, Page 4
XI. AMENDMENT.
This Agreement may only be amended by written instrument
executed by all parties hereto.
XII. 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:
THE CITY OF MCHENRY
a6hnS. asulunes IN't-even J. Cuda, Mayor
ATTEST:�20
Pamela J. Al hoff, -•k
Annexation Agreement, Page 5
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 purposed therein set forth.
Given un er hand and notarial seal this day of
19 � h� , 19D.
M
AL SEAL"M. Kunzer01
State cf Illinois Expires 4/29/00
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 John S. Masulunes,
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 his free and voluntary act for the uses and
purposes therein set forth.
Given
my nd and notarial seal this day of
,h, , 1997.
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Annexation Agreezwr#t, Page 7
Exhibit A to
John S. Masulunes Pre -Annexation Agreement
The North 158.12 feet of the South 169.76 feet of the South 490.0
feet of the North 1671.40 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 8