HomeMy WebLinkAboutOrdinances - O-97-845 - 10/29/1997 - AUTHORIZE ANNEX AGMT BYKOWSKI PROPERTY ON HIPOINTORDINANCE NO.0-97-845
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION
AGREEMENT BETWEEN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS,
AND MCHENRY STATE BANK, AS TRUSTEE UNDER TRUST AGREEMENT
DATED APRIL 1, 1971, TRUST NO. 468, AND RONALD M. BYKOWSKI,
SOLE BENEFICIARY OF SAID TRUST NO. 468
WHEREAS, McHenry State Bank, as Trustee under Trust Agreement dated April
1, 1971, Trust No. 468, and Ronald M. Bykowski, as sole beneficiary of said Trust No.
468, is the record owner of approximately 1 acre of property at the location. commonly
known as 4506 Hi -Point Road; 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 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 1, 1971, Trust No. 468, and Ronald M. Bykowski, as sole
beneficiary of said Trust No. 468, 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.
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: 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 4: 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 29TH DAY OF OCTOBER , 1997.
AYES: BOLGER, GLAB, MC CLATCHEY, MURGATROYD, BAIRD, CUDA.
NAYS: NONE.
ABSTAINED: NONE.
ABSENT: NONE,
NOT VOTING: NONE
APPROVED THIS 29TH DAY OF OCTOBER , 1997.
ATTEST:
CITY CLERK
/i
ANNEXATION AGREEMENT
THIS AGREEMENT by and between the CITY OF MCHENRY, a municipal corporation
in the State of Illinois, (hereinafter referred to as "CITY"), by and through its Mayor and
Members of the City Council, (hereinafter referred to collectively as "CORPORATE
AUTHORITIES"); and MCHENRY STATE BANK, as Trustee under the provisions of a Trust
Agreement known as Trust No. 468, RONALD M. BYKOWSKI (hereinafter collectively
referred to as "OWNER").
WITNESSETH:
WHEREAS, MCHENRY STATE BANK, as Trustee under the provisions of a Trust
Agreement dated the 1st day of April, 1971, and known as Trust No. 468, is the record owner of
a certain parcel of real estate, (hereinafter referred to as the "Real Estate"), the legal description
of which is set forth in Exhibit "1" attached hereto and made a part hereof by reference and
which is hereinafter referred to in its entirety as Exhibit "1"; and
WHEREAS, RONALD M. BYKOWSKI, 1206 N. 3rd St., McHenry, Illinois 60050, is
sole beneficiary of the MCHENRY STATE BANK Trust No. 468; and
WHEREAS, a portion of the Real Estate is contiguous to the corporate limits of the City
of McHenry, Illinois; and
WHEREAS, the OWNERS desire to have the Real Estate annexed to the City of
McHenry upon certain terms and conditions herein set forth; and
WHEREAS, pursuant to the provisions of Act 5, Section 7-1-1, et seq. of the Illinois
Municipal Code (Chapter 65, Illinois Compiled Statutes, 1992), notices of the proposed
annexation were sent to the Nunda Township Highway Commissioner, the Nunda Township
Supervisor, the Board of Township Trustees of Nunda township. The City of McHenry does not
furnish fire protection service nor does it operate a municipal library, therefore, no notice of
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theannexation is required to be sent to the Fire Protection Districts of McHenry and Nunda
townships or the Library Districts of said Townships; and
WHEREAS, pursuant to the provisions of Act 5, Section 11-15.1-1, et seq. of the Illinois
Municipal Code, (Chapter 65, Illinois Compiled Statues, 1992), a proposed Annexation
Agreement was submitted to the CORPORATE AUTHORITIES and a public hearing was held
thereon before the City Council of the City of McHenry pursuant to notice, as provided by
Statutes of the State of Illinois; and
WHEREAS, the OWNERS do not by this Agreement seek the amendment of any
Ordinance of the CITY relating to subdivision control, zoning, official plan or building code and
related restrictions or any other ordinances except as specified herein; and
WHEREAS, the CORPORATE AUTHORITIES after due and careful consideration have
concluded that the annexation of the Real Estate for the CITY, under the terms and conditions
hereinafter set forth, would further the growth of the CITY, enable the CITY to control the
development of the area, and serve the best interests of the CITY; and
FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED
HEREIN, IT IS AGREED AS FOLLOWS:
This Agreement is made pursuant to and in accordance with the provisions of Act
5, Section 11-15.1-1, et seq. of the Illinois Municipal Code, (Chapter 65, Illinois Compiled
Statutes, 1992); that said statutory provisions provide for annexation agreements to be entered
into between owners of record and municipalities; that all of the requirements of the Illinois
Compiled Statutes and specifically, Act 5, Section 11-15.1-1, et seq. of the Illinois Municipal
Code in regard to publication and notice have been met prior to the date fixed for the hearing on
the proposed Agreement.
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2. This Agreement is entered into after a public hearing before the Zoning Board of
Appeals the City of McHenry which hearing held April 21, 1997, and continued from time to
time, in accordance with the provisions of the aforesaid Statutes of the State of Illinois
The purpose of this Agreement is to provide for annexation of the Real Estate to
the City of McHenry, Illinois, upon the terms and conditions described in this Agreement.
4. The OWNER has filed with the City Clerk of the City of McHenry a proper
Petition for Annexation conditioned upon the terms and provisions of an Agreement to annex the
Real Estate to the City of McHenry.
The CORPORATE AUTHORITIES, upon execution of this Agreement will,
pursuant to the Petition for annexation herein filed, enact an Ordinance annexing the Real Estate
and also any adjacent highways to the far side thereof as required by law. The Corporate
Authorities waive the payment of any annexation fees on account of or which may be
attributable to the annexation of the Real Estate to the City of McHenry.
6. Immediately upon annexation of the heretofore described real estate to the City of
McHenry, the CORPORATE AUTHORITIES shall adopt an Ordinance or Ordinances so as to
provide that the Real Estate be classified I-1 Industrial District pursuant to the City of McHenry
Zoning Ordinance.
7. Upon execution of this Agreement, the OWNER shall grant to the City of
McHenry a perpetual municipal utility easement over and across the Real Estate. The legal
description of said easement is set forth on the Plat of Easement, a copy of which is set forth in
Exhibit "2" which is attached hereto and made a part hereof.
8. It is understood and agreed by the parties hereto that time is of the essence of this
Agreement, and that all of the parties will make every reasonable effort, including calling of
special meetings, to expedite the subject matter hereof, it is further understood and agreed by the
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parties that the successful consummation of this Agreement requires their continued
cooperation.
9. It is understood and agreed that upon annexation of the aforesaid real estate, the
performance of obligations hereunder shall be the responsibility of the MCHENRY STATE
BANK, as Trustee under the provisions of a Trust Agreement dated the 1st day of April, 1971,
and known as Trust No. 468, and its sole beneficiary, RONALD M. BYKOWSKI, his
successors and assigns.
10 If, during the term of this Agreement, any existing, amended, modified or new
ordinances, codes, or regulations affecting the zoning, subdivision, development, construction of
improvements, buildings or appurtenances, or any other development of any kind or character
upon the Real Estate, are amended or modified in any manner to impose less restrictive
requirements of the development of, or construction upon properties within the City, then the
benefit of such less restrictive requirements shall inure to the benefit of the OWNER, and
anything to the contrary contained herein notwithstanding, the OWNER may elect to proceed
with respect to the development of, or construction upon the Real Estate upon the less restrictive
amendment or modification applicable generally to all properties within the City.
11. If during the the term of this Agreement, any existing, amended, modified, or new
ordinances, codes, or regulations affecting the zoning, subdivision, development, construction of
improvements, buildings or appurtenances or any other deveopment of any kind or character
upon the real estate, are amended or modified in any manner to impose more restrictive
requirements on the development of, or construction upon properties within the CITY, then the
burden of such more restrictive requirements except otherwise provided herein be effective as
applied to the Real Estate so long as such amendments or modifications are non-discriminatory
in their application and effect throughout the City (excepting those developments in the City
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having Annexation Agreements past, present or future, providing otherwise).
12. 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 ten (10) years from the date of the
execution hereof. It is agreed that in the event that the annexation of the Real Estate or the terms
of this Agreement are challenged in any court proceeding, the period of time during which such
litigation is pending shall not be included in the calculation of said the (10) year period.
13. If any provision of this Agreement (except those provisions relating to the
requested rezoning of the Real Estate 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 exercised here from and the invalidity thereof shall not affect the application or
validity of any other terms, conditions or provisions of this agreement and, to that end, any
terms, conditions and provisions of this Agreement are declared to be severable.
14. In the event that 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, Illinois, and no action may be brought by the parties hereto,
their successors or assigns, in any federal court.
15. The covenants and agreements contained in this Agreement shall be deemed to be
covenants running with the land during the term of this Agreement and shall inure to the benefit
of and be binding upon the heirs, successors and assigns of the parties, including the CITY, its
CORPORATE AUTHORITIES and their successors in office and be enforceable by order of
Court pursuant to its provisions and the applicable Statutes of the State of Illinois.
16. In the event the City chooses to sue in order to enforce the obligations hereunder,
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Owner shall pay all costs and expenses incurred by the City, including, but not limited to,
attorneys' fees and court costs, provided the City substantially prevails.
17. The failure of the City to insist, in any one or more instances, upon performance
of any terms or conditions of this Agreement, shall not be construed as a waiver of future strict
performance of any such term, covenant or condition and the obligation of the Owner shall'
continue in full force and effect.
18. The OWNER retains the right to petition to amend the zoning of the Real Estate
without requiring an amendment to this Agreement. The zoning petition shall be submitted and
processed in accordance with the City's Zoning Ordinance. Nothing contained within this
Agreement shall be construed as requiring the City's approval of such future petitions.
IN WITNESS WHEREOF, the CORPORATE AUTHORITIES and the OWNER and the
DEVELOPERS have hereunto set their hands and seals, and have caused this instrument to be
executed by their duly authorized officials and the corporate seal attached thereof, all on the day
and year first written above.
ATTEST:
CITY OF MCHENRY
f B .
City Clerk Its Mayor
OWNER: MCHENRY STATE BANK, as Trustee
under the provisions of a Trust Agreement dated
the] st day of April, 1971, and known as Trust
No. 468
APPROVED AS TO FORM:
EXHIBIT "1"
LEGAL DESCRIPTION
Lot 3 in Hi -Point 31, being a Subdivision of part of the North Half of the Southeast
Quarter of Section 10, Township 44 North, Range 8 East of the Third Principal Meridian,
according to the Plat thereof recorded August 13, 1969 as Document No. 513194, in
McHenry County, Illinois.
PLAT OF EA-56mc r Ej ♦ X��g'.�
PLAT OF SURVEY t
Robert J. Conway
Land Surveyor
14417 Washington Street
Woodstock, Illinois
(815) 337-2625
Leudl description for intended municipal sanitary sewer easenent
TIIF SOUTH 15 FEET OF THE NORTH 25 FEET (AS MEASURED
PF.RPFNDICUI.ARI.Y TO THE NORTH LINE THEREOF), OF LOT 3 IN III -POINT
31, BEING A SUBDIVISION OF PART OF THE NORTH HALF OF THE
SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 44 NORTH, RANGE U EAST
OF THF. THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RF.CORDF.D AUGUST 13, 1969 AS DOCUMENT NO. 513194, IN MCIIENRY
COUNTY, II,LINOIS.
N e9'23'30'e
1
state of IDlnobi )
s.s
County of MIJI-.7)
1, Robert J. Conway do hareby state that.
/ have ea used the above described property to
� be surre)ed aeaordrng W the found ertlneal mm—
umentaLlm and that the 'lat hereon d surn drawn Is a
co
airneal ropros day u/ Jrleerf^--•
1011111\ ., 199 � is_l
S l A 1. i:, Robert J. Conway. fill ois
pro(esslon&I Lend S eyor 135-2624
1 Inch equals 4O (1
State of Illinois
:s
County of McHenry)
1 _ J City Clerk of the City of McHenry, Illinois,
hereby certify that the ,innexed plat was presented to and by resolution duly approved I
the City Council of se ,; City at it's meeting held on 19_
►n witness thei eof 1 h.. 4e hereto set my hand and seal of the City of McHenry. Illinois,
7da•; of A.D. , 199
/(efer tolabstraot, title and local oramaooes ,O1
nddlGohal easements end/or bu0ding r0sWc tins -
Compare ell points before using sam and
report any differanoea.
_lo representation no to ownership, use or possession
abould be hereou implied.
Declaration is niade to the present title owner, the
•,resent purchaser and their title insurer, and lender. 'I
it is not transferrable to additional Institutes or
•ubsequent owners.
No underground Improvements have been located or
,bows.
No distance should be assumed by scaling.
Survq No.
City Clerk
DOCUMENT NO
FILED FOR RECOIU� IN THE RECORDER'S OFFICE OF
MCIIENRY COUNT ILLINOIS ON
199_ _ AT
RI? JItDER OF DLLDS
M
4% r...; Hi Point Road, McHenry Illinois