HomeMy WebLinkAboutOrdinances - O-97-843 - 10/15/1997 - AUTHORIZE PRE-ANNEX AGMT CRAIG MILLER 3401 N RICHMORDINANCE NO. 0-97-843
AN ORDINANCE AUTHORIZING THE EXECUTION OF A PRE -ANNEXATION
AGREEMENT BETWEEN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS,
AND MCHENRY STATE BANK, AS TRUSTEE UNDER TRUST AGREEMENT
DATED MARCH 9, 1987, TRUST NO. 3927, AND CRAIG F. MILLER,
SOLE BENEFICIARY OF SAID TRUST NO. 3927
WHEREAS, MCHENRY STATE BANK, AS TRUSTEE UNDER TRUST
AGREEMENT DATED MARCH 9, 1987, TRUST NO. 3927, AND CRAIG F. MILLER,
SOLE BENEFICIARY OF SAID TRUST NO. 3927 is the record owner of property
located west of Illinois State Route 31, south of Johnsburg Road, in the unincorporated
portion of McHenry County, and commonly known as Lundy & Miller Excavating, 3401
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
nrtnher 15 , 1997 by and between the City of McHenry, a Municipal
Corporation in the State of Illinois, and MCHENRY STATE BANK, AS TRUSTEE
UNDER TRUST AGREEMENT DATED MARCH 9, 1987, TRUST NO. 3927 AND
CRAIG F. MILLER, SOLE BENEFICIARY OF SAID TRUST NO. 3927 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provisions hereof are hereby repealed to the extent of such conflict.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.
ABSTAINED:
ABSENT:
None.
Baird.
NOT VOTING: None
APPROVED THIS 15th DAY OF October , 1997.
ATTEST:
CITY CLERK
August 27, 1"7 11:27 am
MCHENRYLV0ERAGNLM L
CRAIG F. MILLER, TRUST NO. 3927
PRE -ANNEXATION AGREEMENT
� �,1,T�HIS AGREEMENT made and entered into this /J � day of
Vu obe'Y' , 1997, 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 March 9,
1987, Trust No. 3927 ("Trustee") and CRAIG F. MILLER, sole
beneficiary of said Trust No. 3927 ("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 five
acres, hereinafter referred to as the "Property" and commonly known
as 3401 N. Richmond Road.
B. Beneficiary holds 100% of the beneficial interest in
McHenry State Bank Trust No. 3927.
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 west of Route 31, south of
Johnsburg Road, in the unincorporated portion of McHenry County.
E. The Property is presently improved with a gravel
contracting business. There are no electors residing thereon.
F. The Property is presently zoned 11B-3" General Business
under the McHenry County Zoning Ordinance.
Annexation Agreement, Page 1
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.
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 excavating equipment and
Annexation Agreement, Page 2
vehicles, sand, gravel and landscaping products subject to the
following conditions precedent: (1) The storage pile of materials
shall be set back a minimum of 225 feet from the front property
line; (2) The storage pile of materials and the vehicles and
equipment shall be screened from the public right-of-way, as
directed by the City; and (3) The storage pile of materials shall
be limited to 12 feet in height.
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 connection of the Property to the Cityfs water and sewer
system, the Owners shall pay water and sewer connection fees and
capital development fees at the then current rate.
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.
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.
Annexation Agreement, Page 3
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
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.
Annexation Agreement, Page 4
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: McHenry State Bank, as Trustee under
Trust Agreement dated March 9, 1987,
Trust No. 3927
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.
TRUSTEE:
McHENRY STATE BANK, as
Trustee under Trust
Agreement Dated March 9,
1987, Trust No. 3927
By *- .0
It 6'RT J . -1I0FF1,AffA
TRUST OFFICER
)ICIARY:
ti
Cra'ct F. Miller
CITY:
THE CITY OF MCHENNRY
r
B
Citty MMayor
ATTEST.
ity Clerk
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 fourth.
�iven under my hand and notarial seal t is 16 T'� day of
� � , �9 z
"OFFICIAL SEAL"
Kathleen M. Kunzer Notary Pubic
Notary Public, State of Illinols
My Commission Expires 4/29/00
Annexation Agreement, Page 6
STATE OF ILLINOIS)
) SS.
COUNTY OF McHENRY)
Signed by the McHenry State Bank, as Trustee under Trust
Agreement dated March 9, 1987 and known as Trust No. 3927 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 State Bank,
as Trustee under Trust No. 3927
Att
STATE OF ILLINOIS
COUNTY OF McHENRY
Trust Wffi
er
I, the undersigned, a Notary Public in and for the County
and State aforesaid, do hereby certify that the foregoing
RohnT. Hoffmann and Thomas N. Hawkinson ,
respectively the Trust Officer and A- - a.-ttVpWrust 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 AssisbanbVfflpust 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 twret of the National Banking Association
for a usegOUNdl-p utposes t erei s t forth.
Helen S. Hankins
Notary Public, State of Illinois
My Commission Expires June 30, 2000 Notary Public
My Commission Expires: 6-30-2000
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 Craig F. Miller,
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. 3927 as his free and
voluntary act for the uses and purposes therein set forth.
'ven under my hand and notarial seal this day of
, 1997.
UFFIC 141' SEAL
. MELA I ALTHOFF
"UBLIC, STATE OF ILLINOIS Notar Publ
id. L'UMMISSION EXP. 10/10l99
Annexation Agreement, Page 8
Exhibit A to
Craig F. Miller, Trust No. 3927
Pre -Annexation Agreement
The South 5 acres of that part of the East Half of the Southwest
Quarter of Section 14, Township 45 North, Range 8 East of the Third
Principal Meridian, bounded and described as follows: Beginning at
a point on the West line of said East Half of the Southwest Quarter
that is 105.93 feet North of the Northwest Corner of the Southeast
Quarter of said Southwest Quarter, and running thence East parallel
with the North line of said Southeast Quarter of the Southwest
Quarter, a distance of 695.23 feet to the West right-of-way line of
Illinois Route 31; thence Northerly along the West right-of-way
line of Illinois Route 31, a distance of 643.16 feet to a point of
curve; thence Northerly along a curve to the left, the radius of
which is 1233.30 feet, a distance of 60.25 feet; thence Westerly
along a line which is 495.0 feet South of and parallel to the North
line of the East Half of the Southwest Quarter of Section 14, a
distance of 711.57 feet to a point on the West line of the East
Half of the Southwest Quarter of said Section 14; thence Southerly
along the West line of the East Half of the Southwest Quarter of
said Section 14, a distance of 705.19 feet to the place of
beginning, in McHenry County, Illinois.
Annexation Agreement, Page 9