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HomeMy WebLinkAboutOrdinances - O-97-844 - 10/15/1997 - AUTHORIZE PRE-ANNEX AGMT CRAIG MILLER 3401 N RICHMORDINANCE NO. 0-97-844 AN ORDINANCE AUTHORIZING THE EXECUTION OF A PRE -ANNEXATION AGREEMENT BETWEENTHE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AND MCHENRY STATE BANK, AS TRUSTEE UNDER TRUST AGREEMENT DATED APRIL 25, 1989, TRUST NO. 4634 AND CRAIG F. MILLER, SOLE BENEFICIARY OF SAID TRUST NO. 4634 WHEREAS, MCHENRY STATE BANK, AS TRUSTEE UNDER TRUST AGREEMENT DATED APRIL 25, 1989, TRUST NO. 4634 AND CRAIG F. MILLER, SOLE BENEFICIARY OF SAID TRUST NO. 4634, 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 a Single Family Residence at 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 October 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 APRIL 25, 1989, TRUST NO. 4634 AND CRAIG F. MILLER, SOLE BENEFICIARY OF SAID TRUST NO. 4634 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 997 AYES: .gogPr, r� cClatcheT, Mur;atroTd, Guda NAYS: None. ABSTAINED: NnnP_ ABSENT: ga;,.ti NOT VOTING: None. APPROVED THIS 15th DAY OF October , 1997 .� OR ATTEST: CITY CLERK August 27, 1997 11 W a MCHENRYkANNEXAG2J*UL CRAIG F. MILLER, TRUST NO. 4634 PRE -ANNEXATION AGREEMENT THIS AGREEMENT made and entered into this day of ceivbW , 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 April 25, 1989, Trust No. 4634 ("Trustee") and CRAIG F. MILLER, sole beneficiary of said Trust No. 4634 ("Beneficiary"). Trustee and Beneficiary shall collectively be referred to as ("Owners"). Recitals A. Trustee holds fee simple title to the real estate legally described on "Exhibit All attached hereto and made a part of this Agreement by reference, containing approximately four 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. 4634. 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 residence. There is one elector residing thereon, namely Craig F. Miller. F. The Property is presently zoned 11B-3" General Business 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. Annexation Agreement, Page 1 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. Annexation Agreement, Page 2 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 City's 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. 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: McHenry State Bank, as Trustee under Trust Agreement dated April 25, 1989, Trust No. 4634 Annexation Agreement, Page 4 XI. AMENDMENT. This Agreement may only be amended by written instrument executed by all parties hereto. %II. 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 April 25, 1989, Trust No. 4634 B � Its -V.. & Tr st Officer 1ICIARY: Cr iq F. Miller CITY: THE CITY OF CHENRY B en J. Cuda, Mayor ATTEST• .Pamela J. A thoff, rk VICKI GENTRY 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. Giv n under my hand and notarial seal this J �'I day of 19!2. OFFICIAL SEAL" Kathleen M. Kunzer Notary Public, state of Illinois Otary Pubic 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 April 25, 1989 and known as Trust No. 4634 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 hrf'st No. 4634 Trust Officer 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 Thomas N. Hawkinson and Robert J. Hoffmann respectively the Trust Officer and ABBi t 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 the ational Bank' g Association for the uses and purposes therein,,s forth. / Ndta My Commission Expires: [� �O',�U9� "OFFICIAL SEAL" Helen S. Hankins Notary Public, State of Illinois My Commission Expires June 30, 2000 Annexation Agreement, Pa 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. 4634 as his free and voluntary act for the uses and purposes therein set forth. Given under m hand and notarial seal this 'd� day of (Q, 1997. OFFICIAL SEAL PAMELA J. ALTHOFF NOTARY PUBLIC, STATE OF ILLINOIS Notar ub1C MY COMMISSION EXP. 10/10/99 Notary )Pubic Agreement, Page 8 Exhibit A to Craig F. Miller, Trust No. 4634 Pre -Annexation Agreement That part of the East Half of the Southwest Quarter of Section 14, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at a point on the West line of the East Half of the Southwest Quarter of said Section 14 that is 417.61 feet North of the Southwest corner of the Northeast Quarter of the Southwest Quarter of said Section 14; thence East 703.17 feet, parallel with the South line of the Northeast Quarter of the Southwest Quarter of said Section 14 to the Westerly right-of-way line of Illinois Route 31; thence North 241.36 feet along said right-of-way line; thence west 709..23 feet, parallel with the South line of the Northeast Quarter of the Southwest Quarter of said Section 14; thence South 243.62 feet to the point of beginning in McHenry County, Illinois. Annexation Agreement, Page 9